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Law 3/2015 Of 30 March Regulating The Exercise Of High Office Of The General Administration.

Original Language Title: Ley 3/2015, de 30 de marzo, reguladora del ejercicio del alto cargo de la Administración General del Estado.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

INDEX

Preliminary Title. General provisions.

Article 1. Object and scope of application.

Title I. Appointment and exercise of the high office.

Article 2. Appointment.

Article 3. Exercise of the high office.

Article 4. Remuneration scheme.

Article 5. Social protection.

Article 6. Compensation after cessation.

Article 7. Incompatibility of remuneration.

Article 8. Human and material resources.

Article 9. Due diligence regarding the actions of the senior officials.

Article 10. Obligation of training.

Title II. Regime of conflicts of interest and incompatibilities.

Article 11. Definition of conflict of interest.

Article 12. Alert system for early detection of conflicts of interest.

Article 13. Exclusive dedication to the charge.

Article 14. Property limitations in corporate shareholdings.

Article 15. Limitations to the exercise of private activities after the cessation.

Article 16. Statement of activities.

Article 17. Declaration of goods and rights.

Article 18. Control and management of securities and financial assets.

Title III. Organs for surveillance and control of the high offices of the General Administration of the State.

Article 19. Interese Conflict Office.

Article 20. Collaboration with the Office of Conflict of Interests in the field of incompatibilities.

Article 21. Records.

Article 22. Information provided by the Office of Conflict of Interest.

Article 23. Review of the estate status of the senior positions upon completion of their mandate.

Article 24. Preparation of the report on the verification of the estate situation.

Title IV. Sanctioning regime.

Article 25. Violations.

Article 26. Penalties.

Article 27. Competent bodies.

Article 28. Limitation of infringements and penalties.

Additional disposition first. Legal status of other senior state public sector positions.

Additional provision second. Regulatory references.

Additional provision third. Appearance before the Congress of Deputies.

Additional provision fourth.

Repeal provision. Regulatory repeal.

Final disposition first. Regulatory enablement.

Final disposition second. Entry into force.

PREAMBLE

I

A high office, for the responsibility it carries and the relevance of the functions it performs, can only be exercised by persons who, verified their personal and professional competence, respect the legal framework that regulates the development of their activity. In this respect, this law clarifies, strengthens and extends this legal framework with a view to ensuring that the exercise of the position is carried out with the maximum conditions of transparency, legality and the absence of conflicts between its private interests and the inherent in their public functions. Furthermore, the absence of a single instrument governing the rules applicable to the exercise of a high office, which undermined the right of citizens to transparent, clear and comprehensible information on the conditions applicable to the exercise, is also exceeded. same.

It is, therefore, and on the one hand, to include in a single rule the provisions relating to the appointment of senior officials, introducing new mechanisms to ensure the suitability of the candidate, allowing for an analysis (a) prior to the possible existence of conflicts of interest and to ensure the control of the body assigned to it in the field of incompatibilities and conflicts of interest.

On the other hand, the law also clarifies the remuneration regime, social protection, use of human and material resources as well as incompatibilities that will be applicable to the high charges included in its scope. In this way, problems have been solved that have been manifested during the practical application of the legislation in this field.

Finally, the law strengthens the control of compliance with its provisions, providing the competent body for this, the Office of Conflict of Interest, of new powers and means for, as it could not be otherwise, developing their functions with the highest guarantees of competition, transparency and independence.

II

The Preliminary Title of the Law regulates its object and scope. In this respect, the high positions of the new bodies created are expressly included: President, Vice-President and other members of the Council of the National Commission of the Markets and Competition, President of the Council of Transparency and Good Governance and Chairman of the Independent Fiscal Responsibility Authority. Also included are presidents, CEOs, and assimilated administrative, foundational, or business public sector.

Title I regulates the conditions of appointment and exercise of the high office. In addition to expressly including the obligation of training of senior officials, who must therefore be aware of the obligations laid down in this law, the guiding principles for their action are regulated: to serve the general interests, perform their duties with integrity, thereby refraining from engaging in conflicts of interest; objectivity; transparency and accountability and austerity.

The law clarifies the conditions for the appointment of a senior official. The suitability as a requirement for the appointment of the senior positions is introduced as a novelty in this point, taking as a reference the criteria of merit and capacity as well as the ones of good repute. To this end, the causes for which it is considered that there is no good repute are regulated and therefore cannot be considered as suitable for the performance of a high office. The good repute, moreover, must be in the high office during the exercise of his duties, so his absence will be cause of cessation. The prior finding that the conditions of suitability for the performance of the charge are met will be made by a responsible declaration to be signed by the candidate, who must also supply the Office of Conflict of Interest, in the case that you so request, the documentation that accredits such compliance.

The articles on the remuneration and social protection scheme provide for a regulated matter in a dispersed manner in the State General Budget Law, the Social Security and passive class regulations.

As regards compensation after the cessation, its regulation is clarified, demonstrating the incompatibility of remuneration as well as the control of the fulfilment of the conditions that, where appropriate, give the right to its perception. Finally, this Title also regulates the use of the human and material resources of those who will be charged in the exercise of their duties. In this respect, the use of representation expenses is defined, and it is expressly foreseen that its limits cannot be extended, as well as the use of means of payment on which it is more difficult to exercise control.

Title II regulates the regime of conflicts of interest and incompatibilities that will be subject to those who are appointed senior positions. On the one hand, there is a definition of what is meant by conflict of interest and an early warning system for the detection of these possible conflicts is introduced as an important novelty. Once again, the Office of Conflict of Interest, as a specialized organ in the field, will be responsible for pointing out to the high office the issues or matters on which, after a first analysis, it will have to abstain in the decision-making. In addition, internal procedures are expected to be adopted and implemented to avoid situations of conflict of interest and, if detected, to motivate abstention from the high office.

The exclusive dedication to the charge remains the general rule, which will only yield to certain assumptions that allow for compatibility with certain activities of a public or private nature. The rule also expressly states the incompatibility between the perception of remuneration as a member of the Government or Secretary of State and a member of the General Courts.

The regulation of restrictions on corporate shareholdings is also strengthened in the sense that it will also be incompatible with the participation of more than ten per cent in companies receiving grants from any Public Administration.

As regards the limitations to the exercise of private economic activities after the cessation, two levels, one general and one more intense, differ. The most intense affects senior officials and supervisory bodies or regulators, who will not be able to provide services to any entity that would have been under their supervision, whether or not it was affected by a decision.

On the other hand, the law specifies the way in which senior officials must make their declaration of economic activities and their declaration of goods and rights, introducing as novelty the remission of the certificate of the last two annual declarations made of the Income Tax of the Physical Persons and the certificate of the last annual declaration of the Tax on the Heritage. If the high office is not obliged to make a declaration for this tax, it shall complete an equivalent form to be drawn up by the Office of Conflict of Interest in collaboration with the State Tax Administration Agency.

Title III regulates the surveillance and control bodies by giving the Bureau of Conflict of Interest a greater guarantee of competition and raising its administrative rank and parliamentary control of the candidate chosen for the appointment. It also clarifies the functions performed by the Office, enhancing collaboration with other agencies such as the Tax Agency, the General Treasury of Social Security, the Commercial Registry or the Register of Foundations.

Likewise, the content of the report that the Office of Conflict of Interest (Office of Conflicts of Interests) raises semestrally to the Congress of Deputies with the personalized information of the compliance by the high positions of the obligations of declare, as well as the penalties imposed. The law also regulates the semi-annual advertising of the number of senior officials required to make their statements, the number of statements received, communications made on the occasion of the cessation and the number of senior officials who have not complied with their statements. obligations.

Another important novelty that the law introduces is the procedure for examining the patrimonial situation of the high office once it has ceased in the exercise of its functions. In this respect, a report is regulated which, through an adversarial procedure with the person concerned, will have to draw up the Office of Conflict of Interest and in which the patrimonial situation of the high office between his appointment will be analyzed. and cease to be able to detect possible irregularities.

Finally, Title IV contains the sanctioning regime, regulating, among other things, the infringement of the failure to comply with the duty to abstain and the extension of the limitation period for the violations and penalties.

PRELIMINARY TITLE

General provisions

Article 1. Object and scope of application.

1. The purpose of this law is to establish the legal regime applicable to those who have a high position in the General Administration of the State and in public sector entities.

2. For the purposes set out in this law, high charges are considered:

a) The members of the Government and the Secretaries of State.

(b) Subsecretaries and assimilated; the Secretaries-General; the Government Delegates in the Autonomous Communities and in Ceuta and Melilla; the Government Delegates in public law entities; and the heads of diplomatic missions permanent, as well as the heads of permanent representation to international organizations.

c) The Technical Secretaries General, Directors General of the General Administration of the State and assimilated.

(d) The Presidents, Vice-Presidents, Directors-General, Executive Directors and assimilated to State, administrative, foundational or business entities, related or dependent on the General administration of the State which has the status of top officials and whose appointment is made by decision of the Council of Ministers or by its own governing bodies and, in any case, the Presidents and Directors with the rank of Director-General of the Management and Common Services of Social Security Entities; the Presidents and Directors of the State Agencies, the Presidents and Directors of the Port Authorities and the President and the Secretary-General of the Economic and Social Council.

e) The President, the Vice President and the rest of the members of the Council of the National Commission of the Markets and Competition, the President of the Council of Transparency and Good Government, the President of the Authority Independent of Fiscal Responsibility, the President, Vice President and Vocals of the Council of the National Securities Market Commission, the President, the Directors and the Secretary General of the Nuclear Security Council, as well as the President and members of the governing bodies of any other regulatory or supervisory body.

(f) Directors, Executive Directors, General Secretaries or equivalent of regulatory and supervisory bodies.

g) The holders of any other post in the State public sector, whatever their name, the appointment of which is made by the Council of Ministers, with the exception of those who have the consideration of Deputy Directors General and assimilated.

3. It shall not be considered by a senior official to be appointed by the Council of Ministers for the temporary exercise of any public function or representation and at that time does not have the status of a senior official.

TITLE I

Appointment and exercise of the high office

Article 2. Appointment.

1. The appointment of senior officials will be made between suitable persons and in accordance with the provisions of their specific legislation. They are suitable for those who have good repute and due training and experience in the field, depending on the position they are responsible for. The suitability will be appreciated by both who proposes and by whom you name the high office.

2. It is considered that there is no good repute in those who have been:

(a) Convicted by a firm sentence to a custodial sentence, until the conviction has been served.

(b) Convicted by a firm sentence by the commission of crimes of falsehood; against liberty; against the patrimony and socio-economic order, the Constitution, the institutions of the State, the Administration of Justice, the Administration Public, the International Community; treason and against peace or independence of the State and relative to national defense; and against public order, in particular, terrorism, until the criminal record has been canceled.

(c) The disabled under Law 22/2003, of July 9, Insolvency, while the period of disablement fixed in the judgment of qualification of the contest has not been completed.

(d) Disabled or suspended for employment or public office, for the duration of the penalty, in the terms provided for in criminal and administrative legislation.

e) Those sanctioned by the commission of a very serious infringement in accordance with the provisions of Law 19/2013, of December 9, of transparency, access to public information and good governance, during the period that the sanctioning resolution.

Honorability must be in the high office during the performance of his duties. The lack of good repute will be the cause of the cessation of these effects and, in the cases where the high office can only be terminated by determined causes, it will be considered as a serious breach of its obligations of the declared office. through the corresponding procedure.

3. The curriculum vitae of the senior posts shall be published, after appointment, on the website of the body, body or entity in which it provides its services.

4. The assessment of the training will take into account the academic knowledge acquired and the assessment of the experience will pay particular attention to the nature, complexity and level of responsibility of the posts, which save relationship to the content and functions of the position for which you are named.

5. The high office must subscribe to a responsible declaration stating, under its responsibility, that it meets the requirements of suitability to be appointed high office, especially the absence of causes that impede the required good repute. and the accuracy of the data provided, which provides, where applicable, of the documentation which so credits, and which undertakes to maintain its compliance during the period of time it occupies the post.

This responsible statement, completed in accordance with the model designed by the Bureau of Conflict of Interest, will be referred to the aforementioned Office for the high office. In addition, the High Office shall forward to the Office of Conflict of Interest, if requested, the documentation certifying compliance with the suitability requirements in accordance with the responsible declaration.

6. Additional requirements may be laid down by law for access to certain positions of the General Administration of the State for which special professional qualifications are required, while respecting the principle of equality. enshrined in the Constitution.

The appointment of the Deputy Secretaries and Technical Secretaries General to serve in the General Administration of the State shall be made between officials of the state, the Autonomous Communities or the local entities, belonging to Bodies classified in Subgroup A1. This provision is also applicable to the appointment of the Directors-General, except that the Royal Decree of structure of the Department allows, in attention to the specific characteristics of the functions of the Directorate General, its the holder does not meet that status as an official, and the concurrency of the special characteristics which justify this exceptional circumstance must be motivated by reasoned memory.

7. All organs, agencies and entities of the state public sector, of Public or Private Law, shall inform the Office of Conflicts of Interests of the appointments of senior officials that they carry out within seven days from the appointment.

8. Public or private entities with representation of the public sector in their administrative or governing bodies shall communicate to the Office of Conflict of Interest the designations of persons who, in accordance with the provisions of this law, have the High-capacity condition.

Article 3. Exercise of the high office.

1. The exercise of the high office is subject to observance, in addition to the provisions of good governance contained in Law 19/2013, of December 9, especially the following principles:

a) General interest: they will serve the general interests objectively.

b) Integrity: shall act with due diligence and without incurring any risk of conflicts of interest.

(c) Objectivity: shall take their decisions on the margins of any factor expressing personal, family, corporate, clientelistic positions, or any other factors that may be in collision with this principle.

d) Transparency and accountability: they will take their decisions transparently and will be responsible for the consequences arising from their adoption.

e) Austerity: will manage public resources efficiently and rationalize spending.

2. The principles set out in the preceding paragraph shall inform the rules applicable to the performance of the duties and the activity of the senior officials. They will also serve as interpretative criteria when implementing the sanctioning provisions. Their development and the responsibilities inherent in their eventual non-compliance will be regulated by the existing rules on good governance in their respective scope.

Article 4. Remuneration scheme.

1. The remuneration of the high charges shall be public in the terms provided for in Law 19/2013 of 9 December, and shall be fixed in accordance with the rules applicable in each case and within the limits provided for in the budget resulting from them. applicable.

2. Those who are in a high position and who have the status of career officials, in the event that they are declared in the administrative situation of special services, may continue to receive the remuneration which they legally correspond to them. by seniority, in terms and with the scope to provide for this administrative situation with the law of public service which would result in them being implemented.

Article 5. Social protection.

1. Those who, being active duty officers, are appointed to one of the high positions regulated in this law that do not necessarily need to be performed by public officials, moving on to the situation of special services, maintain during that situation the same social protection scheme as they would have had as career civil servants in active service, with the same rights and obligations. The department, organ, body or entity to which the high office is responsible for the obligation to list and the other persons who, in the respective regime, correspond to the employer or public administration, except that, exceptionally, the remuneration for the trienes which they have recognised may not, for legal reason, be received from budgets corresponding to the position held and must be paid by the Department, body, body or entity in which they performed their last post as active duty officials, in which case the payment the contribution for such remuneration must also be made by the latter.

2. Those who, immediately before being appointed to any of the senior positions referred to in this law, do not have the status of active duty officers, shall be included in the General Social Security Regime, any it is the social protection scheme or system in which they would have been included, where appropriate, up to that point.

3. The exercise of a high office shall not result in the right to receive any pension or supplementary pension other than that provided for in the Social Security or Passive Classes system. The maximum pension ceiling to be charged for the high charges will be subject to the same limits as for public pensions.

Article 6. Compensation after cessation.

1. Those who, in accordance with the applicable rules, are recognised as such, shall receive monthly financial compensation for a maximum period of two years and in accordance with the provisions of the following Article.

2. The Office of Conflict of Interest shall supervise that during the period in which the compensation referred to in paragraph 1 is received, the conditions which led to its recognition are maintained.

3. The regime applicable to the presidents of the government from the time of their cessation will be that provided for in Royal Decree 405/1992 of 24 April, which regulates the Statute of the former Presidents of the Government.

Article 7. Incompatibility of remuneration.

1. Compensatory pensions, compensatory benefits and any other economic perception provided for on the occasion of the cessation of any post, post or activity in the public sector are incompatible with any remuneration payable to the public. Budgets of the public authorities, entities, bodies and undertakings of which they are dependent, or in charge of those of the constitutional bodies or resulting from the application of the tariff, and any remuneration which comes from a private activity, with the exception of those provided for in Article 13.2.c).

To this effect, the public sector is also considered to be active in the public sector, developed by the elected members of the General Courts, the legislative assemblies of the autonomous communities and local authorities, by the senior and remaining staff of the constitutional bodies and all public administrations, including the Administration of Justice.

2. Compensatory pensions, compensatory benefits and any other economic perception of the eesc shall also be incompatible with the levying of a retirement pension or retirement pension for a pension or for any social security scheme. public and mandatory.

3. Those who cease in the posts provided for in the pension, compensatory benefits and any other economic perceptions referred to in paragraphs 1 and 2 shall have a period of 15 working days, to be counted since the incompatibility, in order to communicate to the Office of Conflict of Interest, in the case of the state public sector, or to the competent organ of the autonomic or local administration, their choice between the perception of the same or the performance of an activity public or private paid or, where appropriate, the pension or retirement pension.

If you opt for the perception of indemnification pensions, compensatory benefits and any other economic perceptions referred to in paragraphs 1 and 2, no public or private economic activity may be exercised. repaid even if your remuneration is waived.

The option for the performance of a paid public or private activity or retirement or retirement pension, which will be formalized in writing for its proper constancy, implies the waiver of indemnification pensions, compensatory benefits and any other economic perceptions envisaged on the occasion of the cessation.

Article 8. Human and material resources.

1. Those in high office will manage human, economic and material resources in accordance with the principles of efficiency and sustainability.

2. The use of official vehicles by those exercising a high position shall be linked to the posting obligations arising from the performance of their duties. The criteria for the use of these vehicles will be developed.

The provision of other services which, where appropriate, may be carried out by official vehicles shall be carried out in the light of the nature of the charge performed and the security needs and in accordance with the principle of efficiency in the use of public resources.

The budgetary appropriation of the expenses of representation and protocolary attention can only be used to cover acts of this nature in the performance of the functions of the high office, both in the national territory and in the the foreign national, provided that such expenditure is in the interest or benefit of the Administration and does not exist for specific appropriations in other concepts. No remuneration, in cash or in kind, may be paid to them for the high office.

When the expenditure referred to in the preceding paragraph is incurred, the limits to which it has been fixed must be met, which may in no case be subject to enlargement. They shall also be duly justified and demonstrate their need for the performance of the duties inherent in the exercise of the high office.

The administration will not make available to the high office credit cards in order to be used as a means of payment of its representation expenses. Exceptionally, when the senior official carries out his duties abroad and upon accreditation of the extraordinary circumstances which make it necessary, his use may be authorized, subject to the appropriate supervision administrative.

Article 9. Due diligence regarding the actions of the senior officials.

Those who exercise a high office will have the consideration of persons with public responsibility for the purposes of Article 14 of Law 10/2010, of 28 April, of the prevention of money laundering and of the financing of the terrorism.

Article 10. Obligation of training.

1. Senior officials must be aware of the obligations of the exercise of their duties. The Office of Conflict of Interest shall communicate to the High Office its obligations after its inauguration.

2. The Office of Conflict of Interest may propose to the training centers training initiatives for the high positions on conflicts of interest and good governance.

TITLE II

Interest and Incompatibilities Conflict Regime

Article 11. Definition of conflict of interest.

1. The high charges will objectively serve the general interests, and should prevent their personal interests from unduly influencing the exercise of their duties and responsibilities.

2. It is understood that a high charge is in conflict of interest when the decision to be taken, in accordance with the provisions of Article 15, may affect his or her personal interests, of an economic or professional nature, as a result of benefit or injury to them.

Are considered personal interests:

a) The interests of your own.

b) Family interests, including those of your spouse or person with whom you live in the same relationship of affectivity and relatives within the fourth degree of consanguinity or second degree of affinity.

c) People with whom you have a pending litigation issue.

d) Those of people with whom they have intimate friendship or manifest enmity.

e) Those of legal persons or private entities to whom the high office has been bound by a labor or professional relationship of any kind in the two years prior to the appointment.

f) Legal persons or private entities to whom the family members referred to in point (b) are bound by a work or professional relationship of any kind, provided that the same involves the exercise of their duties address, advice or administration.

Article 12. Alert system for early detection of conflicts of interest.

1. Senior officials should exercise their duties and powers without incurring conflicts of interest and, if they consider that they are, they should refrain from taking the decision affected by them.

2. Senior officials who have the status of authority shall refrain from intervening in the relevant administrative procedure when, by affecting their personal interests, as defined in Article 11, the causes provided for in the Law are met. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. They may also be challenged in the terms provided for in that law.

The Office of Conflict of Interest, in accordance with the information provided by the high office in its declaration of activities and, where appropriate, the one that may be required, shall inform you of the matters or matters on which, with general character, shall abstain during the exercise of his or her duties.

3. Bodies, bodies or entities in which senior services are provided with positions which do not have the status of authority should apply appropriate procedures to identify potential conflicts of interest and to ensure that, where they are conflicts, refrain from or may be challenged from their decision-making. These procedures and the outcome of their implementation shall be communicated annually to the Office of Conflict of Interest.

4. The abstention of the high office shall be in writing and shall be notified to its immediate superior or to the body which designated it. In any case, this abstention will be communicated by the high office within one month to the Registry of Activities of High Charges for their constancy.

In the event that the abstention occurs during the meeting of a collegiate body, its record in the minutes shall be equivalent to the communication to the immediate superior or to the body that designated it. The communication to the Register of High-Charge Activities shall be made by the secretary of the collegiate body.

5. The High Office may at any time formulate to the Office of Conflicts of Interest as many consultations as it deems necessary on the provenance of abstaining on specific matters.

Article 13. Exclusive dedication to the charge.

1. The High Charges shall perform their duties with exclusive dedication and shall not be able to reconcile their activity with the performance, in itself, or by replacement or seizure, of any other position, position, representation, profession or activity, public or private, self-employed or otherwise. They shall also not receive any other remuneration from the budgets of the public authorities or entities linked or dependent on them, or any other perception which, directly or indirectly, comes from an activity simultaneous private.

2. The provisions of the above paragraph are without prejudice to the following exceptions:

a) The exercise of the functions of a high office shall be compatible with the following public activities:

1. The performance of the positions that correspond to them on an institutional basis, of those for which they are commissioned by the Government, or of those who are appointed by their own condition.

2. The development of temporary missions of representation to other States, or to international organizations or conferences.

3. The performance of the presidency of the companies referred to in Article 166.2 of Law 33/2003, of 3 November, of the Heritage of Public Administrations, when the nature of the purposes of the society is protected connection with the powers legally conferred on the high office, as well as the representation of the General Administration of the State in the collegiate bodies, directors or boards of directors of bodies or undertakings with public or private capital entities governed by public law.

You may not belong to more than two boards of directors of such bodies, companies, companies or entities, unless authorized by the Council of Ministers. This authorisation shall also be required to enable a senior member of this law to exercise the chairmanship of the companies referred to in the preceding paragraph.

In the cases provided for in the preceding paragraphs, the high charges may not be paid, except for the expenses of travel expenses, stays and transfers that correspond to them according to the rules in force. Amounts due for any concept that are not to be received shall be entered directly by the body, entity or company in the Treasury.

4. The performance of the ordinary research activities of the body or institution in which they perform their duties, without perceiving in such cases remuneration for it. This exception includes the tasks of literary, artistic, scientific or technical production and creation, and publications derived from them.

b) The members of the Government or the Secretaries of State may be able to reconcile their activity with that of the Deputy or Senator of the General Courts in the terms provided for in the Organic Law 5/1985 of 19 June of the Regime General Election. However, they may not receive any remuneration other than under one of the two charges, without prejudice to any compensation which they may lawfully carry out.

c) The exercise of a position of high office shall only be compatible with the following private activities and provided that the impartiality or independence of the high office in the exercise of its function is not compromised with its exercise, without prejudice to the administrative hierarchy:

1. The mere administration of personal or family assets with the limitations set forth in this law.

2. The production and creation of literary, artistic, scientific or technical and publications derived from those, as well as collaboration and occasional and exceptional assistance as rapporteur to congresses, seminars, work, conferences or courses of a professional nature, provided that they are not the result of a relationship of employment or of the provision of services, or that they do not result in the strict fulfilment of their duties.

3. Participation in non-profit or non-profit cultural or charitable entities, provided that they do not receive any kind of remuneration, without prejudice to the right to be reimbursed for the expenses due justified that the performance of their function causes them in accordance with the provisions of article 3.5 of Law 49/2002, of 23 December, of a tax regime of non-profit entities and of tax incentives to patronage.

Article 14. Property limitations in corporate shareholdings.

1. The high charges may not, in themselves or in person, have direct or indirect participations in excess of 10% in companies as long as they have concerts or contracts of any kind with the state public sector, autonomic or local, or receive grants from any Public Administration.

For the purposes set out in this article, the person who is acting on behalf of the high office is considered to be an individual.

The provisions of the preceding paragraph shall also apply to the case in which the undertaking in which it participates is subcontractor to another that has contracts of any kind with the public sector, whether autonomous or local. provided that the subcontracting has occurred with the successful tenderer of the contract with the Administration in which the high office provides services and in relation to the subject matter of that contract.

In the event that the cause described in the previous paragraph has occurred, the high office must notify the Office of Conflicts of Interest, who must report on the measures to be taken for ensure objectivity in public action.

2. In the case of public limited companies whose registered capital exceeds EUR 600 000, such a prohibition shall affect the holdings which, without reaching 10%, represent a position in the social capital of the undertaking. that you can make your performance conditional.

3. Where the person who is appointed to hold a senior position holds a stake in the terms referred to in the preceding paragraphs, he shall have to dispose of or give in to an independent third party, understanding as such to a subject in which he does not they are in the circumstances referred to in paragraph 1, the shares and the rights attached to them during the period of their term of office, within three months from the day following their appointment. If the shareholding is acquired by hereditary succession or other free title during the year of the charge, the disposal or disposal would have to take place within three months of its acquisition.

Such disposal or disposal, as well as the identification of the independent third party, shall be declared to the Records of Activities and Property Rights and Rights and must have the prior favorable report of the Office of Conflicts of Interest.

Article 15. Limitations to the exercise of private activities after the cessation.

1. Senior officials, for the two years following the date of their termination, shall not be able to provide services in private entities that have been affected by decisions in which they have participated.

The ban extends to both private entities affected and those belonging to the same group.

2. Those who are a senior member of a body or a regulatory or supervisory body or body for two years following their termination may not be able to provide services in private entities which have been subject to their supervision or regulation.

For these purposes, it will be understood in any case including the senior positions of the National Securities Market Commission, the National Commission on Markets and Competition and the Nuclear Security Council.

3. A senior position is understood to be involved in the adoption of a decision affecting an entity:

(a) When the high office, in the exercise of its own powers or functions or its superior on a proposal from him or the holders of its subsidiary bodies, by delegation or replacement, subscribes to a mandatory report, a an administrative decision or an equivalent act subject to private law in relation to the undertaking or entity concerned.

(b) Where, by means of their vote or the submission of the relevant proposal, they have intervened in sessions of collegiate bodies in which the decision has been taken in relation to the undertaking or entity.

4. The high charges, regulated by this law, which had previously been occupied by those public posts in private undertakings to which they wished to be reincorporated, would not incur the incompatibility provided for in the Treaty. previous paragraph where the activity to be carried out on them is in jobs which are not directly related to the competences of the public office concerned and cannot take decisions affecting the public office.

5. During the two-year period referred to in paragraph 1, senior officials shall not be able to celebrate by themselves or through entities which are directly or indirectly involved in more than ten per cent, technical assistance contracts, services or the like with the Public Administration in which they have provided services, directly or through contractors or subcontractors, provided that they are directly related to the functions which the high office is carrying out. The entities in which they provide services shall, during the period indicated, adopt procedures for the prevention and detection of conflict of interest situations.

6. Those who have held a post of high office shall, during the two-year period referred to in paragraph 1, before the Office of Conflict of Interest, make a statement on the activities to be carried out, prior to their start.

7. Where the Office of Conflicts of Interest considers that the private activity which it intends to carry out on a high charge infringes the provisions of paragraph 1, it shall inform the person concerned and the entity to which it is to pay its duties. services, which may make the claims they have as appropriate.

Within one month of the filing referred to in paragraph 6, the Office of Conflict of Interest shall decide on the compatibility of the activity to be carried out and shall inform the person concerned and the undertaking or society in which it is to provide its services.

8. During the two years after the end of the period, those who have held a post of high office and re-enter the civil service and are granted the compatibility to provide paid services of a private nature, will apply to them. provided in this article.

Article 16. Statement of activities.

1. The High Charges shall be charged to the High Charge Activities Register within three months of their taking of possession or cessation, as appropriate, of a declaration of the activities which, by itself or by replacement or seizure, have been held for two years prior to their inauguration as a senior official or those who are to start after their cessation. Each time the person concerned initiates a new economic activity during the two-year period from the end of the period, the Registry shall be declared once the decision referred to in Article 15 has been issued.

2. In order to comply with the provisions of the previous paragraph, the High Office shall transmit to the Register a certificate of the last two annual declarations of the Income Tax of the Physical Persons.

3. The Office of Conflict of Interest may request the Commercial Registry, the Registry of Foundations and the Management Entities of Social Security for the checks it needs on the data provided by the High Office.

4. The High Office may authorize the Office of Conflict of Interest, expressly and in writing, to obtain information directly from the State Tax Administration Agency.

Article 17. Declaration of goods and rights.

1. The High Charges shall submit to the Register of Property and Property Rights of High Charges, within the term of three months from their inauguration and cease, respectively, the certificate of their last annual declaration of the tax on the estate, if they have an obligation to submit it. Those who do not have such an obligation shall submit an equivalent completed form to be drawn up by the Office of Conflict of Interest in collaboration with the State Tax Administration Agency.

2. The high charges will provide a copy of your income tax return for the physical persons corresponding to the start and end of the year. In addition, each year and for the duration of his appointment, he shall provide a copy of the relevant declaration.

3. Together with the copy of your income tax return for the Physical Persons corresponding to the commencement exercise, the State Tax Administration Agency will also be certified to be aware of the tax obligations or, where applicable, outstanding tax obligations.

4. The High Office may authorize the Office of Conflict of Interest, expressly and in writing, to obtain this information directly from the Tax Office.

Article 18. Control and management of securities and financial assets.

1. For the management and administration of the shares or obligations admitted to trading on regulated markets or in multilateral trading systems, products derived from the above, shares of companies that have announced their decision of to apply for admission to trading and participation in collective investment institutions, the senior positions shall recruit an undertaking authorised to provide investment services. This obligation shall not be required where the amount of such financial securities and instruments does not exceed the amount of EUR 100 000 calculated by the value for the purposes of the Heritage Tax. This recruitment will be maintained for the duration of the performance of the senior position.

The entity with which they contract will make the administration subject exclusively to the general guidelines of profitability and risk established in the contract, which will be subscribed according to the provisions of the Law 24/1988, dated July 28, of the Securities Market, without it being able to collect or receive investment instructions from interested parties.

Without prejudice to the responsibilities of the parties concerned, the non-compliance by the entity of the obligations identified shall be considered as a very serious infringement of the effects of the sanctioning regime as a financial institution. is applicable to you.

2. The provisions of the preceding paragraph shall not apply where the securities or financial assets of the holder of the high charge are units in collective investment institutions in which no majority position is held or where, in the case of securities of different entities, the high office does not make any act of provision on its own initiative and only limits itself to the payment of dividends, interest or remuneration in kind, to exchange offers, conversion or public procurement.

3. The interested parties will submit copies of the contracts signed to the Office of Conflict of Interest for their entry in the Registers, as well as to the National Securities Market Commission.

TITLE III

Organs for surveillance and control of the top positions of the General Administration of the State

Article 19. Interese Conflict Office.

1. The Office of Conflict of Interest, attached to the Ministry of Finance and Public Administrations, will act with full functional autonomy in the exercise of its functions.

2. The Director of the Office of Conflict of Interest, who will have the rank of Director General, will be appointed by the Council of Ministers, on the proposal of the Minister of Finance and Public Administrations, upon the appearance of the person proposed for the Member of the Commission of the Congress of Deputies, in order to examine whether his experience, training and capacity are appropriate for the position.

3. The holder of the Office of Conflict of Interests and the staff at his service have a permanent duty to keep the data and information they know for reason of their work in this organ secret and they will not be able to request or accept instructions of no public or private entity.

4. Corresponds to the Office of Conflict of Interest:

a) Develop the reports provided for in this law.

b) The management of the regime of incompatibilities of high state officials.

(c) Require those who are appointed or cease in the exercise of a senior position of the General Administration of the State to comply with the obligations laid down in this law.

d) The conduct and management of the Records of Activities and of Goods and Rights of the State General Administration, and the responsibility for the custody, security and compensation of the data and documents that are contained in them.

e) To collaborate, in the subjects that are of its own, with organs of a similar nature.

5. The Office of Conflict of Interest may request the information, files, files or registers of a public nature and, in particular, those of the tax administrations and the managing entities and common services of the Social Security, which are necessary for the exercise of their duties and which must be provided in accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and, where applicable, Law 58/2003, 17 December, General Tax.

Article 20. Collaboration with the Office of Conflict of Interests in the field of incompatibilities.

All entities, organs and public bodies, as well as private entities, without prejudice to any complaints that may be filed, will have the obligation to cooperate with the Office of Conflict of Interest, to the object of detect any violations of the incompatibilities regime provided for in this law.

In particular, the Office of Conflict of Interest may make requests for information, at least on a quarterly basis, to the social security management bodies to check the employment situation of those who have been terminated.

Article 21. Records.

1. The Electronic Records of Activities and Property Rights of Altos Cargos will be housed in a documentary management system that guarantees the unalterability and permanence of their data, as well as the high security in the access and use of these.

2. The Electronic Registry of Activities shall be public in nature, governed by the provisions of the Organic Law 15/1999 of 13 December, in Law 19/2013 of 9 December, in this law and in the rules for the development of the aforementioned laws.

3. The electronic register of property and property rights shall have a reserved character and shall only have access to it in addition to the person concerned, the following bodies:

(a) The Congress of Deputies and the Senate, in accordance with the provisions of the regulations of the Chambers, as well as the parliamentary committees of inquiry that are constituted.

b) Judicial organs for the instruction or resolution of processes that require knowledge of the data in the Register, in accordance with the provisions of the procedural laws.

(c) The Ministry of Public Prosecutor's Office when conducting investigative activities in the exercise of its functions that require knowledge of the data in the Register.

4. The bodies referred to in the previous paragraph shall take the necessary measures to maintain the reserved character of the information contained in the electronic register of property and property rights, without prejudice to the application of the rules (a) the procedures in which the information was requested to be processed.

5. The content of the declarations of property and property rights of the members of the Government and of the Secretaries of State and other High Charges shall be published in the "Official Gazette of the State", in the terms provided for in regulation. In relation to the property assets, a comprehensive declaration of the patrimonial situation of these High Charges will be published, omitting the data concerning its location and safeguarding the privacy and security of its owners.

Article 22. Information provided by the Office of Conflict of Interest.

1. In order to ensure the transparency of the control of the incompatibilities regime provided for in this law, and without prejudice to the powers conferred on other bodies, the Office of Conflict of Interest will raise the government every six months, for its referral to the Congress of Deputies, a report on compliance with the high charges of the obligations to declare, as well as the offences committed in relation to this Title and the sanctions imposed and identify their responsible persons.

This report will contain personalized data from the senior officials required to make their statements, the number of statements received and to whom they correspond, the communications made on the occasion of the cessation and the identification of the holders of the senior positions who have not fulfilled those obligations.

In the event that any sanctioning procedure has been resolved, a copy of the resolution will be sent to the Congress of Deputies ' Bureau.

2. The report referred to in the previous paragraph shall also contain aggregated information, without reference to personal data, on the number of senior posts required to make their declarations, the number of declarations received, of communications made on the occasion of the cessation and number of senior officials who have not complied with their obligations under this law. This information will be published in the "Official State Gazette".

Article 23. Review of the estate status of the senior positions upon completion of their mandate.

The estate status of the senior officials will be examined by the Office of Conflict of Interest at the end of its mandate to verify the following:

a) Proper compliance with the obligations under this law.

(b) The existence of evidence of unjustified enrichment taking into account the income received over the course of its term of office and the evolution of its assets.

Article 24. Preparation of the report on the verification of the estate situation.

1. In accordance with the provisions of the previous article, the Office of Conflict of Interest, on its own initiative and within three months of its termination, shall draw up a report examining the assets of the High Office.

2. Senior officials whose assets are subject to examination must provide all the information required to them, as well as communicate all those circumstances that are relevant to the preparation of the report.

3. Prior to its adoption, the person concerned must be transferred to the proposal for a report so that, within a period of 15 days, he may make the arguments which he considers appropriate. After this deadline, the report shall be subject to approval and notification to senior officials whose status has been examined.

4. If, of the data and facts established in accordance with the procedure referred to in the preceding paragraphs, evidence of unjustified enrichment may be derived, the Office of Conflict of Interest may request the cooperation of the State Tax Administration Agency for the purpose of clarifying this information.

If, as provided for in the preceding paragraph, the existence of administrative or criminal liability may arise, the competent bodies shall be transferred to the competent bodies to initiate the procedures resulting from them. appropriate.

5. The Office of Conflict of Interest shall inform the Government of the activity it develops in application of this article.

TITLE IV

Sanctioning Regime

Article 25. Violations.

1. For the purposes of this law, and without prejudice to the sanctioning regime provided for in Law 19/2013 of 9 December, very serious infringements are considered:

(a) Failure to comply with the rules of incompatibilities referred to in this Law.

b) The presentation of statements with false data or documents.

c) Failure to comply with the obligations referred to in Article 18 in relation to the management of shares and corporate interests.

d) Distortion or non-compliance with the suitability requirements to be appointed high office.

2. Serious violations are considered:

(a) Non-declaration of activities and property and property rights in the corresponding Records, after the warning for this.

b) The deliberate omission of data and documents to be submitted in accordance with this law.

c) The repeated failure to comply with the obligation to abstain in accordance with the provisions of this law.

(d) The commission of the minor infringement provided for in the following paragraph where the author has already been punished for the same infringement in the previous three years.

3. The extemporanea declaration of activities or of property and property rights in the relevant Registers is considered to be minor, following the requirement to be made for this purpose.

Article 26. Penalties.

1. Very serious and serious infringements will be sanctioned with the declaration of non-compliance with the law and its publication in the "Official State Gazette" once the corresponding resolution has been acquired.

2. The penalty for a very serious infringement shall also include:

(a) The removal of the public posts they occupy, unless they have already ceased.

(b) The loss of the right to receive compensation after the termination of Article 6 in the event that it has been removed.

(c) The obligation to reinstate, where appropriate, the amounts unduly paid in relation to the compensation after the cessation.

3. The provisions of this Title shall be without prejudice to the requirement of the other responsibilities to be taken. For these purposes, when indications of other responsibilities appear, the Advocate General of the State shall be ordered to assess the exercise of any other possible actions which may correspond as well as, where appropriate, to bring the facts to the attention of the State Attorney General in case they may be constitutive of crime.

4. Persons who have committed the offences listed as serious or very serious in this law may not be appointed to hold a high office for a period of between 5 and 10 years.

At the graduation of the measure provided for in the preceding paragraph, it will be in accordance with the provisions of Law 30/1992, of November 26, and its implementing regulations in relation to the administrative procedure sanctioning.

5. The minor offence provided for in Article 25.3 shall be subject to a warning.

Article 27. Competent bodies.

1. The body responsible for ordering the opening of the file when the senior officials have the status of a member of the government or secretary of state shall be the Council of Ministers, on the proposal of the Minister of Finance and Public Administration.

In the other cases the competent body to order the opening shall be the Minister of Finance and Public Administrations.

2. The instruction of the relevant files shall be carried out by the Office of Conflict of Interest.

3. It is up to the Council of Ministers to impose sanctions for very serious misconduct and, in any case, when the high office has the status of a member of the Government or Secretary of State. The imposition of penalties for serious misconduct lies with the Minister of Finance and Public Administration. The penalty for minor faults shall be the responsibility of the Secretary of State for Public Administrations.

4. The procedure will be in line with the provisions of Law No 30/1992 of 26 November 1992 and its implementing legislation in relation to the administrative procedure for penalties.

Article 28. Limitation of infringements and penalties.

1. The limitation period for the offences provided for in this Title shall be five years for the very serious infringements, three years for the serious infringements and one year for the minor offences.

2. The penalties imposed by the Commission for very serious infringements shall be imposed at five years of age, those imposed for serious infringements at three years and those resulting from the commission of minor offences shall be prescribed within a period of time. year.

3. For the purposes of calculating the time limits laid down in the previous two paragraphs, as well as for the reasons for their interruption, the provisions of Article 132 of Law No 30/1992 of 26 November 1992 shall apply.

Additional disposition first. Legal status of other senior state public sector positions.

It will be governed by its rules specific to the high positions of the state public sector that are not included in the scope of application of this law, having this one for the same extra character in what is not established expressly in that specific regulation and in the light of the nature of the body in which they provide their services.

Additional provision second. Regulatory references.

The referrals to Law 5/2006, of April 10, of regulating the conflicts of interest of the members of the Government and of the High Charges of the General Administration of the State contained in other rules will be understood as referring to this law.

Additional provision third. Appearance before the Congress of Deputies.

1. Prior to his appointment, the Government will bring to the attention of the Congress of Deputies, so that it may have its appearance before the corresponding Commission of the Chamber, the name of the candidates for the following charges:

a) President of the State Council.

(b) Responsible for the regulatory or supervisory bodies included in Article 1. 2.e).

c) President of the Economic and Social Council.

d) President of the EFE Agency.

e) Director of the Spanish Data Protection Agency.

2. The parliamentary committee of the Congress of Deputies shall examine, where appropriate, the proposed candidates. Your members will ask the questions or ask for the clarifications they create. The parliamentary committee shall deliver an opinion on whether the suitability or existence of a conflict of interest is appreciated.

3. The appearance of the members of the Spanish Broadcasting Corporation will be produced in accordance with the provisions of its specific regulations.

Additional provision fourth.

The Foral Haciendas, taking into account the specificities of their legal regime, will have to provide to the high offices with tax domicile in their territory the certificate to be aware of the tax obligations to the referred to in Article 17.3.

Repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they contradict or are incompatible with the provisions of this law and expressly:

(a) Law 5/2006, of 10 April, of regulation of conflicts of interest of the members of the Government and of the High Charges of the General Administration of the State.

b) Royal Decree 432/2009 of 27 March 2009 approving the Regulation implementing Law 5/2006 of 10 April, regulating the conflicts of interest of the members of the Government and of the senior officials of the General Administration of the State.

(c) The Council of Ministers Agreement of 18 February 2005 approving the Code of Good Government of the members of the Government and of the High Charges of the General Administration of the State.

Final disposition first. Regulatory enablement.

The Government will adopt by Royal Decree the necessary provisions for the development of this law. In particular, within one year of its entry into force, it shall regulate the instruments and procedures to enable the Office of Conflict of Interest to carry out its functions of controlling the assets of senior officials. following his termination.

Final disposition second. Entry into force.

This law shall enter into force on the twentieth day of its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Seville, 30 March 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY