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Royal Decree 217/2015, Of 27 March, Amending Royal Decree 810/2006, Of June 30, Organization, Functions And Provision Of Jobs In The Ministries Of Tourism In The Diplomatic Missions Of Spain.

Original Language Title: Real Decreto 217/2015, de 27 de marzo, por el que se modifica el Real Decreto 810/2006, de 30 de junio, de organización, funciones y provisión de puestos de trabajo de las Consejerías de Turismo en las Misiones Diplomáticas de España.

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The entry into force of the new Law 2/2014, of March 25, of the Action and the Foreign Service of the State, directly affects the Ministry of Tourism and the work they have entrusted, so it is also convenient, to adapt the provisions of Royal Decree 810/2006 of 30 June 2006 to that legal standard, several of which have an impact on the organisation of the diplomatic missions of Spain and on the definition of external action.

Also Royal Decree 1823/2011, of 21 December, which restructured the ministerial departments, created the Ministry of Industry, Energy and Tourism and the Secretariat of State of Tourism in its breast and abolished the Ministry of Industry, Tourism and Trade. For its part, Royal Decree 1887/2011 of 30 December, establishing the basic structure of the ministerial departments, abolished the General Secretariat of Tourism and Internal Trade.

All of this now needs to be amended by Royal Decree 810/2006 of 30 June, of the organization, functions and the provision of jobs of the Ministry of Tourism in the Diplomatic Missions of Spain, with regard to its functional, administrative and budgetary dependency, to the body responsible for the appointment of the members and to the composition of the Advisory Committee on Foreign Destinations, which has strengthened its role in establishing that it will be mandatory. To be heard prior to the provision of the posts of officials in the Ministry of Tourism . In addition, a new collegiate body is created, the Technical Commission of Valuation of the Spanish Tourism Counselors, for the analysis and measurement of its operation and the personnel destined for them.

On the other hand, it is appropriate to establish with clarity the maximum period of stay of the officials in the Tourist Board and the minimum period of service in Spain, in occasion of this modification. destinations abroad, as well as the way in which these deadlines are computed. In addition, instead of preferential merits, criteria are laid down for the designation of officials in the positions of Councillors.

In its virtue, at the joint initiative of the Minister of Industry, Energy and Tourism and the Minister of Foreign Affairs and Cooperation, on the proposal of the Minister of Finance and Public Administrations, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 27 March 2015,

DISPONGO:

Single item. Amendment of Royal Decree 810/2006 of 30 June on the organization, functions and the provision of posts of the Ministry of Tourism in the Diplomatic Missions of Spain.

Royal Decree 810/2006 of 30 June, of the organization, functions and the provision of posts of the Ministry of Tourism in the Diplomatic Missions of Spain, is amended as follows:

One. Article 1 (2) is worded as follows:

" 2. The Tourism Counselors are articulated as Spanish Tourist Offices in the outside for the exercise of the functions that, within the framework of the competences of the Ministry of Tourism of the Ministry of Industry, Energy and Tourism, entrusts this royal decree, without prejudice to the powers of supervision, direction, impetus and coordination of the Heads of Diplomatic Missions.

In any case these functions shall be exercised in accordance with the guidelines, plans and programmes that the Government establishes as strategic in relation to the external action in the field of tourism. "

Two. Article 2 is worded as follows:

" Article 2. Dependency.

The Tourism Counselors are specialized technical bodies of the Diplomatic Mission that, under the hierarchical dependence of the Ambassador, provide advice and technical support and assist this and the Mission in the performance of its functions, in the development of the external action in the field of tourism, without prejudice to its organic and functional dependence of the Secretariat of State of Tourism, through the Institute of Tourism of Spain and the Director General of the same, to which corresponds to its internal organisation and budget allocation. '

Three. Article 3 (1) is worded as follows:

" 1. In general, the action of the Tourism Councils, in the field of external action in the field of tourism, will focus on the support for the exercise outside the functions that correspond to the Secretary of State for Tourism and the Institute of Tourism of Spain according to the strategy of external action set by the Government.

In particular, the action of the Ministry of Tourism, in the field of external action in the field of tourism, will be directed to the promotion of the image of Spain as a tourist destination and to the planning, development, execution and monitoring of activities of promotion of the Spanish tourism sector in international markets, as well as support for the marketing of Spanish tourist products abroad.

addition, such action will include the exercise of international tourism relations both on a bilateral basis and with international multilateral tourism organisations, as well as the promotion of international tourism. international tourism cooperation.

It will also include assistance and information to Spanish tourism entities and companies in their international activities and support for their deployment abroad and will contribute especially to the dissemination abroad of "Brand Spain" as the tourist action is a decisive aspect of the image of Spain abroad. "

Four. The wording of Article 5 becomes the following:

" Article 5. Creation and deletion.

The creation or deletion of a Tourism Board will be carried out by royal decree, at the initiative of the Minister of Industry, Energy and Tourism, after the Ministry of Foreign Affairs and Cooperation has submitted a report, and on a proposal from the Minister of Finance and Public Administration, prior to the report of the Executive Council of Foreign Policy. In the annex to this royal decree the relationship of the existing Consejeries is collected. "

Five. Article 6 is worded as follows:

" Article 6. Call for and form of provision of the posts of officials in the Tourist Board.

1. The posts of officials shall be provided by the free designation procedure for their special characteristics of liability, in accordance with the provisions of Law 7/2007 of 12 April of the Basic Staff Regulations. Public Employee, and in the General Staff Regulations to the service of the General Administration of the State and the provision of jobs and professional promotion of civil servants of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March.

2. In any event, it will be necessary to hear, on a prior basis, the Advisory Commission on Destinations on the Foreign Office of the Secretary of State for Tourism, referred to in Article 8 of this royal decree.

3. In the first quarter of each year, the ordinary call for the provision of vacancies in the Ministry of Tourism to be covered during the same year will be published. In addition, at any time, any extraordinary calls shall be required if the needs of the service so require. "

Six. Article 7 is worded as follows:

" Article 7. Requirements for the appointment of the Board of Directors and Deputy Directors of Tourism.

In order to be appointed to a position of Counsellor or Deputy Counselor in a Tourism Department, the following requirements will be required:

(a) Belong to one of the bodies of officials of the General Administration of the State classified in Subgroup A 1, as established in the relevant employment relationship, and to comply with the other requirements established in this royal decree.

b) To be found at the date of publication of the notice in any of the administrative situations related to Article 85 of Law 7/2007, of 12 April, of the Basic Staff Regulations, and in Article 2 of the Regulation of Administrative Situations of Civil Servants of the General Administration of the State, approved by Royal Decree 365/1995 of 10 March 1995, excluding voluntary leave of interest, on a voluntary basis incentivised and the suspension of functions.

c) Know the languages required by the corresponding job relationship. "

Seven. Article 8 becomes 9 and is worded as follows:

" Article 9. Criteria for the appointment of officials in the positions of Counsellor and Deputy Minister of Tourism.

For the elaboration of the proposed resolution of the calls for the provision of posts, the Advisory Committee on Foreign Destinations will take into account the following merits:

a) Services provided and nature and level of positions or positions performed.

(b) Training and experience in the areas covered by the competence of the Secretary of State for Tourism.

c) Suitability, technical and professional preparation for the proper performance of the position in relation to the specific characteristics of each destination abroad.

d) The knowledge of the languages that, if any, is established in the call.

e) Reports of the Technical Commission of Valuation that exist, if any, of previous destinations

f) Other requirements specified in the call. "

Eight. Article 9 becomes 8 and is worded as follows:

" Article 8. Advisory Committee on Destinations in the Foreign Ministry of the Ministry of Tourism.

1. The Advisory Committee on Foreign Destinations is the advisory body charged with advising the head of the Secretariat of State of Tourism on the proposals for the resolution of the calls for the provision of posts of official personnel in the Spanish Tourism Counselors. It will consist of:

(a) President: The head of the Directorate General of the Spanish Tourism Institute, whose vote will address the possible ties in the agreements to be adopted.

b) Vocals:

1. Two designated by the holder of the Presidency of the Spanish Tourism Institute, among official staff of the organization with the organic level of deputy general manager.

2. One designated by the holder of the Secretariat for Industry, Energy and Tourism, among the heads of the sub-directorates-general of that body.

3. One designated by the head of the General Administration of the Ministry of Finance and Public Administrations, among its official staff of this executive organ with the organic level of deputy director general.

4. One designated by the holder of the Directorate-General of the Foreign Service of the Ministry of Foreign Affairs and Cooperation, among its official staff of this executive organ with the organic level of deputy director-general.

c) Secretary, with voice and vote, the holder of the General Administration of Economic and Administrative Management and Information Technologies of the Spanish Tourism Institute, which, in cases of vacancy, absence, illness, or any another justified cause, may be replaced by the holder of the Deputy Director-General for Economic and Administrative Management and Information Technologies.

In addition, other officials may be invited to the meetings of the Commission, which the Commission considers it appropriate to consult, in accordance with their position, which will be attended by a voice but without a vote.

2. The Advisory Committee on Foreign Destinations will have the role of raising a non-binding proposal to the Secretary of State for Tourism on the following aspects:

(a) The resolution of the respective calls for posts in the Spanish Tourism Counselors.

(b) The analysis of the proposals for amendments to this legislation, in the light of the special features of the external action in the field of tourism and the heterogeneity of the countries in which they are based, Spanish Tourism Counselors.

c) The granting of the extensions of the periods of stay and the cessation of the officials destined for the Spanish Tourism Councils provided for in this royal decree, heard by the Technical Commission of Valuation of the Consejeries Spanish de Turismo. "

Nine. Article 10 is amended as follows:

" Article 10. Technical Commission of Valuation of Spanish Tourism Counselors.

1. The Technical Commission of Valuation of the Spanish Tourism Counselors, is constituted as a collegiate body, attached to the Secretariat of State of Tourism, for the analysis and appraisal of the operation of the Spanish Tourism Counselors and the performance of the staff assigned to them.

2. The Technical Commission of Valuation of the Spanish Tourism Counselors shall be composed of the following members:

a) President: the Director General of the Spanish Tourism Institute.

b) Vocals:

1. Two designated by the holder of the Presidency of the Spanish Tourism Institute, among official staff of the organization with the organic level of Deputy Director General.

2. One designated by the holder of the Secretariat for Industry, Energy and Tourism, among the heads of the sub-directorates-general of that body.

(c) Secretary: The holder of the General Administration of Economic and Administrative Management and Information Technologies which, in cases of vacancy, absence, disease, or any other justified cause, may be replaced by the holder of the Subdirección General Adjuntde Gestión Economico-Administrativa y Tecnologías de la Información.

3. The tasks of this Commission shall be as follows:

a) Report to the Advisory Commission on Foreign Destinations on the granting of carryovers and the cessation of officials at the Spanish Tourism Counselors.

b) To value the performance in the job position of all the officials assigned to the Spanish Tourism Counselors abroad.

c) Propose recommendations or suggestions that you consider relevant to the operation and organization of the work in the Spanish Tourism Counselors in the Exterior and to the performance in the job of the officials posted abroad.

4. The Commission may meet as many times as convened by its chairman to take account of the performance of his duties. In any event, it shall be convened and convened prior to the ordinary call for the provision of vacancies in the Tourist Board on the outside.

5. The Commission shall, as far as is not provided for in this royal decree, regulate by the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. '

Ten. The current Article 10 becomes 11 and is worded as follows:

" Article 11. Appointment.

1. The Secretary of State for Tourism shall appoint the officials. Once the appointments have been made, they shall be transferred to the Ministry of Foreign Affairs and Cooperation, to whom the accreditation shall be given to the receiving State or organisation concerned.

2. The resolution of the ordinary calls shall be produced, except in exceptional circumstances, before 1 May. '

Once. A new article 12 is incorporated.

" Article 12. Takes of possession and cesses.

1. The holding, corresponding to the ordinary calls, shall take place during the third quarter of the year, except where otherwise indicated in the call. In the case of extraordinary calls, they shall be carried out on the dates set out therein, depending on the needs of the service.

Within these limits, the concrete dates of relief will be fixed by the Director General of the Spanish Tourism Institute and communicated to the incoming and outgoing officials.

2. For all purposes, the periods referred to in this Standard shall be taken into account taking into account the effective dates of the taking of possession or the cessation of the official at the corresponding destination. "

Twelve. Article 11 becomes the 13th and is worded as follows:

" Article 13. Length of stay of the officials in the Tourist Board.

1. The period of stay of the officials in a job in a Tourism Department will be determined in the call and at the end of the same will be produced the cessation. The duration of the stay of the officials at the job shall be a maximum of five years, with a minimum of three years.

This minimum stay of three years may be extended by the body responsible for the appointment for annual periods, at the request of the person concerned, up to the maximum of five years. -Officials shall request the relevant extensions in writing before 1 January of the year in which the minimum time limit or the extension granted is completed.

2. The provisions of paragraph 1 of this Article shall be without prejudice to the provisions of Article 58 of the General Staff Regulations for the Service of the General Administration of the State and the Provision of Jobs and professional promotion of the officials of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March.

3. Once an official has been terminated in the post which he holds in a Department, for any of the reasons provided for in the applicable legislation, including those of paragraph 1, he may not be assigned to any post of the same or another of the Counseling until a minimum of three years has elapsed in active service in Spain to be counted from the date of the cessation.

4. All deadlines shall start counting from the day of the effective occupation of the post or the effective cessation of the post. "

Thirteen. Article 12 becomes Article 14 and is worded as follows:

" Article 14. Work staff.

The jobs of the workforce will be covered after successful selection tests will be carried out at the post called by the Spanish Tourism Institute, which will formalise the corresponding employment contract according to the labour law of the place where the Spanish Ministry of Tourism is located.

The established selection systems will not be applicable in those countries where recruitment of staff is required through their respective recruitment services. "

Fourteen. The Annex is replaced by the following:

" ANNEX

Relationship of Tourism Councils

Tourism Department in Berlin.

Tourism Counseling in Frankfurt.

Tourism Department in Munich.

Tourism Department in Buenos Aires.

Tourism Department in Brussels.

Tourism Department in São Paulo.

Tourism Counseling in Toronto.

Tourism Counseling in Canton.

Tourism Department in Beijing.

Tourism Department in Copenhagen.

Tourism Counseling in New York.

Tourism Counseling in Chicago.

Tourism Counseling in Los Angeles.

Tourism Counseling in Miami.

Tourism Counseling in Helsinki.

Tourism Department in Paris.

Tourism Counseling in Mumbay.

Tourism Counseling in Milan.

Tourism Department in Rome.

Tourism Department in Dublin.

Tourism Counseling in Tokyo.

Tourism Counseling in Mexico.

Tourism Counseling in Oslo.

Tourism Department in The Hague.

Tourism Counseling in Warsaw.

Tourism Department in Lisbon.

Tourism Counseling in London.

Tourism Counseling in Singapore.

Tourism Department in Moscow.

Tourism Department in Stockholm.

Tourism Counseling in Zurich.

Tourism Department in Vienna. "

Single additional disposition. No increase in public spending.

The application of the forecasts of this royal decree will not imply an increase in public spending, nor will it increase the remuneration, or the allocations, or other expenses of personnel in the service of the public sector; not even in the the concept of allowances or travel expenses on the occasion of the attendance at their meetings of the members of the Advisory Committee on the Foreign Affairs of the Ministry of Tourism and the Technical Commission for the Assessment of Spanish Counselors Tourism that is created by this royal decree.

Single transient arrangement. Application of the length of stay to the situations initiated prior to the entry into force of the royal decree.

The periods of maximum stay in the Ministry of Tourism and of minimum stay in the General Administration of the State in Spain, as provided for in Article 13 (1) and (3), will also apply to situations initiated before the entry into force of this royal decree, computing for the purposes of the period of maximum stay of five years in the Ministry of Tourism the totality of the time that the current job has been effectively performed or two consecutive jobs in the same.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 27, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO