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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3325

The entry into force of the new Act 2/2014, of 25 March, the action and the foreign service of the State, affects directly the ministries of tourism and work that have entrusted, so it is convenient also, adapting the provisions of Royal Decree 810/2006, of June 30, the relevant legal standard, several of whose precepts affect the Organization of the diplomatic missions of Spain and in the definition of external action.

Also the Royal Decree 1823 / 2011, of 21 December, which is restructuring the ministerial departments, created the Ministry of industry, energy and tourism and the Ministry of tourism in her womb and abolished the Ministry of industry, tourism and trade. For its part the Royal Decree 1887 / 2011, of 30 December, which establishes the basic structure of the ministerial departments, abolished the General Secretariat of tourism and domestic trade.

It is now necessary to amend the Royal Decree 810/2006, of June 30, organization, functions and provision of jobs in the ministries of tourism in the diplomatic missions of Spain, with respect to its functional, administrative and budgetary, unit responsible for the appointment of the directors and the composition of the Advisory Committee of destinations abroad , which reinforced its role in establishing who will be required to hear it prior to the provision of civil servants in the ministries of tourism jobs. In addition, creates a new College, the technique of evaluation of the ministries Spanish Tourism Commission, for the analysis and measurement of its performance and the staff assigned to them.

On the other hand, on the occasion of this regulatory amendment it should establish clearly the maximum period of permanence of civil servants in the ministries of tourism and the minimum term of service in Spain between destinations abroad, as well as the form of computation of these deadlines. In addition, rather than merits preferential, criteria for the designation of officials are set to advisors jobs.

In his virtue, a 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 administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of March 27, 2015, have: single article. Modification of the Royal Decree 810/2006, of June 30, organization, functions and provision of jobs in the ministries of tourism in the diplomatic missions of Spain.

The Royal Decree 810/2006, of June 30, organization, functions and provision of jobs in the ministries of tourism in the diplomatic missions of Spain, is to be re-worded as follows: one. Paragraph 2 of article 1 is drawn up in the following way: «2. the departments of tourism are articulated as Spanish tourism offices abroad on the exercise of the functions which, in the framework of the powers of the Secretary of State of tourism of the Ministry of industry, energy and tourism, entrusted them this Royal Decree, without prejudice to the powers of oversight» direction, impulse and coordination of the heads of the diplomatic missions.

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

Two. Article 2 is worded as follows: 'article 2. Dependency.

Tourism firms are specialized technical bodies of the diplomatic mission, which, under the hierarchical authority of the Ambassador, lend advice and technical support and assist to this and the Mission in the performance of their duties, in the development of the external action in the field of tourism, without prejudice to its organic and functional dependence of the Secretary of State for tourism through the Institute of tourism of Spain and the Director-General of the same, their internal organisation and budget corresponds to that."

3. Paragraph 1 of article 3 is worded as follows: ' 1. in General, the performance of the ministries of tourism, in the scope of the eeas in tourism, will focus on support to the outdoor exercise of the functions that correspond to the Secretary of State of tourism and the Tourism Institute of Spain in accordance with the strategy of foreign policy set by the Government. "

In particular, the performance of the ministries of tourism, in the field of external action in the field of tourism, reorients the promotion of the image of Spain as a tourist destination and to the planning, development, implementation and monitoring of promotional activities of Spanish in international markets tourism, as well as the support to the commercialization of Spanish tourism products abroad.

Such action will also include the exercise of foreign tourist international with tourist organizations both bilateral of multilateral, as well as the promotion of international tourist cooperation.

You will also understand the assistance and information to institutions and tourist Spanish companies to its international activity and support for their deployment abroad and will contribute especially to the dissemination of the "Spain brand" overseas tourist action being 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 Department of tourism will be held by Royal Decree, at the initiative of the Minister of industry, energy and tourism, following a report from the Ministry of Foreign Affairs and cooperation, and on the proposal of the Minister of finance and public administration, following a report of the Executive Board of foreign policy. The annex to Royal Decree contains the relationship of existing firms.»

5. Article 6 is worded in the following way: «article 6. Call and form of provision of the jobs of civil servants in the ministries of tourism.

1. the jobs of civil servants will be provided by the free appointment procedure in accordance with their special characteristics of responsibility, in accordance with the provisions of law 7/2007, of 12 April, the Basic Statute of the public employee, and in the General regulations of income of staff in the service of the General Administration of the State and provision of jobs and promotion of civil servants of the State General Administration approved by Royal Decree 364/1995, of 10 March.

2. in any case, it will be mandatory to hear, prior, to the Advisory Commission of destinations on the outside of the Ministry of tourism, referred to in article 8 of this Royal Decree.

3. in the first quarter of each year, the regular call for the provision of vacancies will be published in the ministries of tourism, that need to be covered during the same year. They may be carried out, at any time, many extraordinary calls are needed, if so the needs of the service require.»

6. Article 7 is drawn up in the following way: «article 7. Requirements to the appointment to the posts of advisers and counselors adjuncts of tourism.

To be appointed to a position of Director or Deputy Adviser in a Ministry of tourism will require the following requirements: to) belong to any of the bodies of officials from the General Administration of the State classified in subgroup A 1, as set out in the corresponding relationship of jobs, and meet the other requirements of this Royal Decree.

(b) found at the date of publication of the notice in any of the administrative situations in article 85 of law 7/2007, of 12 April, the Basic Statute of the public employee, and in article 2 of the regulation of situations administrative of the officials civilians of the General Administration of the State, approved by Royal Decree 365/1995 10 March, excluding the voluntary leave of absence by particular interest, the unpaid leave encouraged and the suspension of functions.

(c) learning the languages that require the corresponding relationship of jobs.'

7. Article 8 becomes 9 and is drawn up in the following way: «article 9. Criteria for the designation of officials in positions of Adviser and counselor adjunct of tourism.

The elaboration of the draft resolution calls for the provision of jobs, the Advisory Commission of destinations abroad shall take into account the following merits: to) services and nature and level of the posts or positions held.

(b) training and experience in the areas subject to the jurisdiction 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) knowledge of languages which, in his case, is established in the call.

«e) Technical Commission of appraisal reports that there are, where appropriate, of previous destinations f) other requirements as specified in the call.»

8. Article 9 becomes 8 and is worded as follows:
«Article 8. Commission Adviser of destinations on the Exterior of the ministries of tourism.

1. the Advisory Committee of overseas destinations is the advisory body responsible for advising the head of the Ministry of tourism on the motions for resolution of requests for the provision of staff officer in the Spanish ministries of tourism jobs. It will be formed by: to) President: the owner of the General direction of the Institute of Spain tourism, whose vote will settle possible ties in agreements to adopt.

(b) vocal: 1 two designated by the holder of the Presidency of the Institute of tourism of Spain, between staff officer of the organism with organic level of Deputy Director general.

2. one appointed by the holder of the Undersecretary of industry, energy and tourism, between holders of the General branches of that body.

3rd one appointed by the holder of the General direction of the public function of the Ministry of finance and public administration, among its staff official of this governing body with organic level of Deputy Director general.

4th one appointed by the owner of the direction General of the service outside of the Ministry of Foreign Affairs and cooperation, between your personal officer of this governing body with organic level of Deputy Director general.

(c) Secretary, with voice and vote, the head of the General Sub-Directorate of economic and administrative management and technologies of the information from the Institute of tourism Spain which, in cases of vacancy, absence, illness, or any other cause, may be replaced by the owner of the enclosed General Sub-Directorate of economic and administrative management and information technology.

Other officials who, under his post, the Commission considers appropriate to consult, they will attend with voice but without vote may also be invited to the meetings of the Committee.

2 the Commission Adviser of destinations abroad will be function raised to the Secretary of State for tourism a non-binding proposal on the following aspects: to) the resolution of the respective calls for positions in the Spanish tourism firms.

(b) analysis of the proposals for amendments to the present regulation, in view of the special characteristics of the external action in the field of tourism and the heterogeneity of the countries on which are based the Spanish ministries of tourism.

(c) the granting of extensions of periods of stay and the resignations of the intended for officials in the Spanish tourism firms foreseen in this Royal Decree, heard the technique of evaluation of the ministries Spanish Tourism Commission.»

9. Article 10 happens to have the following wording: «article 10. Technique of estimation of the ministries Spanish Tourism Commission.

1. the Technical Committee on valuation of the Spanish ministries of tourism, is a collegiate organ attached to the Secretary of State for tourism, for the analysis and assessment of the functioning of the Spanish ministries of tourism and the performance of the staff assigned to them.

2 the technique of evaluation of the ministries Spanish Tourism Commission shall be composed of the following members: to) President: the Director General of the Institute of tourism of Spain.

(b) vocal: 1 two designated by the holder of the Presidency of the Institute of tourism of Spain, between staff officer of the organism with organic level of Deputy Director General.

2. one appointed by the holder of the Undersecretary of industry, energy and tourism, between holders of the General branches of that body.

(c) Secretary: the owner of the General Sub-Directorate of economic and administrative management and information technology which, in cases of vacancy, absence, illness, or any other cause, may be replaced by the head of the Subdirectorate-General for Adjuntade management administrative and information technology.

3 the duties of this Committee shall be: to) report to the Commission Adviser of destinations abroad about the granting of extensions and the resignations of officials in the Spanish tourism firms.

(b) assess the performance in the workplace of all officials in the Spanish tourism firms abroad.

(c) propose recommendations or suggestions it deems appropriate relating to the functioning and the organisation of work in the Spanish tourism firms abroad and to performance on the job of officials destined abroad.

4. the Commission may meet many times be convened by its President to attend the performance of his duties. In any case, should be convened and meet before the regular call for the provision of vacancies in the ministries of tourism abroad.

"5. the Commission shall be treated, in matters not provided for in this Royal Decree, by the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure."

10. The current article 10 becomes the 11th and is drawn up in the following way: «article 11. Appointment.

1. the Secretary of State for tourism shall appoint the officials. Once made the appointments, transfer them to the Ministry of Foreign Affairs and cooperation, who is accredited to the receiving State or organization concerned will be.

2. the resolution of the regular calls will occur, unless exceptional circumstances, before May 1."

Eleven. A new article 12 is incorporated.

«Article 12. Take possession and withdrawal.

1 takeovers of, corresponding to the ordinary calls, will take place during the third quarter of the year, except when indicated otherwise in the call. In the case of extraordinary calls, will be on the dates set out therein, depending on the needs of the service.

Within these limits, specific release dates will be fixed by the General Director of the Tourism Institute of Spain and communicated to incoming and outgoing officials.

«2. for all purposes, the periods referred to in this standard will be calculated taking into account the effective dates of taking possession or cessation of the official at the corresponding destination.»

12. Article 11 becomes the 13th and is worded as follows: «article 13. Terms of permanence of the officials in the ministries of tourism.

1. the period of permanence of officials in a job in a Ministry of tourism will be determined in the call and the end will cease. The permanence of the officials on the job will be a maximum of five years, with a minimum of three years.

This minimum period of three years may be extended by the competent authority for the appointment for annual periods, at the request of the person concerned, up to the indicated maximum of five years. -Officials must apply for the corresponding extensions in writing before January 1 of the year in that end of the minimum term or the extension granted.

2. the provisions of paragraph 1 of this article is understood without prejudice to the provisions of article 58 of the General Regulation of entry of personnel at the service of the General Administration of the State and provision of jobs and promotion of officials of the General Administration of the State, approved by Royal Decree 364/1995 , March 10.

3 produced after cessation of an official at the post that took a counseling, by any of the provided for in the applicable regulations, including those of paragraph 1, not may intended to any position in the same or another of these Councils until expiry of a minimum of three years continued in active service in Spain from the date of the cessation.

4. all deadlines will start counting from the day of the effective occupation of the post or the effective cessation of the same."

13. Article 12 becomes article 14 and is drawn up in the following way: «article 14. Workforce.

Workforce jobs will be covered upon overcoming of screening tests appropriate to the post convened by the Institute of tourism of Spain, which the corresponding contract of employment pursuant to the labour law of the place in which the Spanish Ministry of tourism is to be formalized.

The established selection systems shall not apply in those countries in which recruitment should necessarily be through their respective procurement services.»

Fourteen. The annex is replaced by which is inserted into continued: 'Annex relationship of ministries of Tourism Ministry tourism in Berlin.

Ministry of tourism in Frankfurt.

Ministry of tourism in Munich.

Ministry of tourism in Buenos Aires.

Ministry of tourism in Brussels.

Ministry of tourism in São Paulo.

Ministry of tourism in Toronto.

Ministry of tourism in Canton.

Ministry of tourism in Beijing.

Ministry of tourism in Copenhagen.

Ministry of tourism in New York.

Ministry of tourism in Chicago.

Ministry of tourism in Los Angeles.

Ministry of tourism in Miami.

Ministry of tourism in Helsinki.

Ministry of tourism in Paris.

Ministry of tourism in Mumbai.
Ministry of tourism in Milan.

Ministry of tourism in Rome.

Ministry of tourism in Dublin.

Ministry of tourism in Tokyo.

Ministry of tourism in Mexico.

Ministry of tourism in Oslo.

Ministry of tourism in the Hague.

Ministry of tourism in Warsaw.

Ministry of tourism in Lisbon.

Ministry of tourism in London.

Ministry of tourism in Singapore.

Ministry of tourism in Moscow.

Ministry of tourism in Stockholm.

Ministry of tourism in Zurich.

Ministry of tourism in Vienna.»

Sole additional provision. No increase in public spending.

The application of the provisions of this Royal Decree does not imply increased public spending, nor will mean increased pay, allowance, or other expenses of staff in the service of the public sector; even in concept of expenses by shifting on the occasion of attending meetings of the members of the Advisory Commission of destinations on the Exterior of the ministries of tourism and the technique of evaluation of the ministries Spanish Tourism Commission created by this Royal Decree or diets.

Sole transitional provision. Application of terms of permanence to situations initiated prior to the entry into force of the Royal Decree.

Deadlines for maximum permanence in the ministries of tourism and minimum stay in the General Administration of the State in Spain, referred to in paragraphs 1 and 3 of article 13 shall also apply to situations initiated before the entry into force of this Royal Decree, computing for the purposes of the maximum retention period of five years in ministries of tourism in all of the time it has played effectively the current workstation or two jobs consecutive therein.

Sole final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on 27 March 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO