Royal Decree 344/2012, Of 10 February, Which Develops The Basic Organizational Structure Of The Ministry Of Industry, Energy And Tourism.

Original Language Title: Real Decreto 344/2012, de 10 de febrero, por el que se desarrolla la estructura orgánica básica del Ministerio de Industria, Energía y Turismo.

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By the Royal Decree 1823 / 2011, of 21 December, found a new structure of government ministries, which aims to combine the necessary organic austerity with greater efficiency in the management.

Subsequently, through the Royal Decree 1887 / 2011, of 30 December, the basic organizational structure of the new departments, has been established to the organic level of directorate-general.

Within this new structure of the Government, is has proceeded to the creation of the Ministry of industry, energy and tourism, to which corresponds the proposal and execution of it political of the Government in matter of energy, development industrial, tourism, telecommunications and society of the information.

Proceed now to develop the basic organizational structure of the Ministry of industry, energy and tourism, determining the governing bodies and units that integrate it and setting functions and competencies that correspond to each one of them.

In General, the structure established for the Ministry seeks to promote their capacities for analysis and assessment of the areas of its competence, in order to develop the most appropriate from a triple perspective sectoral regulations: technical, economic and legal. Such regulations have of constitute is in lever appropriate to assist in the great objective of the Government of settle a growth economic solid and lasting, that allow a generation of employment vigorous and sustainable.

To this end, both the regulatory and the actions of promotion that develop or coordinate from the Ministry, it will seek to combine a double approach: on the one hand, a rigorous methodology for the identification and elimination of inefficiencies and obstacles that limit short-term economic activity; by another, a performance continued and more focused to the half term, directed to the promotion of the competitiveness of our woven productive, through a support decided to it innovation, to the incorporation of them technologies more advanced, and to the employment intensive of them resources of the society of the information. Of this form, encouraging the incorporation to our industry and to our services of the knowledge, of the information and of the innovation technological, is expected contribute significantly in the task of overcoming of the current crisis and in the design of a path of progress economic and social for them next decades.

The new organizational structure that is set for the Ministry by this Royal Decree also attends the objectives of providing greater agility and efficiency to the development and coordination of tourism policy, as an essential element for the improvement of our country's image, as well as one more effectively in the development of public policies in the field of industry , energy and mines and telecommunications and society of the information, sectors that constitute parts key in the improvement of our competitiveness.

In addition, you want to the new ministerial organization to allow an easy and direct collaboration with the relevant bodies of the autonomous communities, according to competences that correspond in these sectoral areas to them. Similarly, searched facilitate and promote fluid communications with companies and agents from the different sectors on which the action of the Department, is projected with special emphasis on the implementation of the policies of support and promotion of small and medium-sized enterprises (SMES), in order to encourage and promote its business and improving its competitiveness.

Finally, the new organizational design is at the service of the constant improvement in the quality and efficiency of the services of the Ministry, as well as transparency in its functioning and permanent openness to suggestions and initiatives of citizens.

In the activity internal of the Ministry, is will promote it efficiency and austerity in the operation of the services, ensuring by get the greater productivity of them resources human and materials of the Department. In particular, for this purpose, is will continue promoting design and incorporation of tools and applications of e-Government, both internal management and relations with the citizens and with other ministerial departments or other public authorities.

In his virtue, to initiative of the Minister of industry, energy and tourism, to proposal of the Minister of Hacienda and administrations public and prior deliberation of the Council of Ministers in its meeting of the day 10 of February of 2012, HAVE: article 1. General organization of the Department.

1. the Ministry of industry, energy and tourism is the Department of the Administration General of the State charge of it proposed and execution of the political of the Government in matter of energy, of telecommunications and of the society of the information, of tourism and of development industrial and of the small and medium company.

2. Likewise, the impulse actions of cooperation and coordination is up to this Department with the Ministry of Foreign Affairs and cooperation, international relations in such matters.

The exercise of the powers conferred on this Ministry will take place in coordination and without prejudice to those that correspond to other ministerial departments.

3. relationships that the Nuclear Security Council established with the Government in the exercise of its functions will be developed through the Ministry of industry, energy and tourism.

(4. are bodies top of the Ministry of industry, energy and tourism: to) the Secretary of State of energy.

(b) the Secretary of State of telecommunications and for the society of the information.

(c) the Secretary of State for tourism.

5 depend directly on the holder of the Department the following governing bodies: to) the Undersecretary of industry, energy and tourism.

(b)) the General Secretariat of industry and small and medium enterprises, with the rank of Undersecretary.

6. as immediate assistance to the Minister of industry, energy and tourism organ, there is a Cabinet, whose Director holds the rank of Director-General, with the structure referred to in article 14.2 of the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments.

Article 2. Secretary of State for energy.

(1. the Secretariat of State of energy, low the upper address of the Minister of industry, energy and tourism, exerts the following functions: to) development of the political energy and mining.

(b) proposal for legislative and regulatory initiatives within the scope of the powers of the Secretary of State, in coordination with the Secretariat-General Technical Department.

(c) preparation and, where appropriate, measures aimed at ensuring energy supply.

(d) the elaboration of proposals on regulation and, where appropriate, approval of the structure of rates, prices of energy products and tolls, as well as remuneration of the activities carried out within the framework of the energy sector in accordance with the legislation in force.

(e) the processing of aid to coal in accordance with Community rules and participation in the working groups and other activities related to the coal industry, through the Institute for alternative development of the mining regions and the restructuring of the coal mining.

(f) direction, coordination and management of the Affairs and international energy processes of regional and global.

(g) management and coordination of the participation in the different forums of the international energy agenda.

(h) coordination with the Ministry of Foreign Affairs and cooperation in matters relating to energy and mining policy.

(i) participation in the elaboration of the normative activity for the European Union: transposition of the directives and policy packages in the field of energy.

(j) participation in the activities deriving from the membership of Spain to international bodies and in general relations international both bilateral and multilateral in the field of energy policy, as well as the promotion and development of activities necessary for the fulfilment of international commitments and international cooperation and technical assistance programmes undertaken in these matters and its follow-up. Specifically, the representation of the Spanish interests in the International Energy Agency, the Organization for cooperation and economic development-dependent.

(k) the monitoring of the political energy in the field of the Union European and of others bodies international.

(l) analysis and economic and financial monitoring of energy markets, in coordination with the technical General Secretariat.

(m) Regulation, monitoring and analysis of the gas and electricity auctions.

(n) generally, all those initiatives, proposals and actions than in the field of the energy sector and mining jurisdiction of the General Administration of the State, in accordance with the legislation.

(n) those other functions that attributed the legislation existing to the Ministry of industry, energy and tourism in those sectors energy and mining.

2 depends on the Secretary of State for energy the Directorate-General for energy and mines, which exercises the functions referred to in article 3.


3 also depends directly on the Secretary of State for energy the General Sub-Directorate of international energy relations which perform the functions listed in paragraphs f), g), h), i), j) and k) of paragraph 1 of this article.

4. as organ of immediate assistance to the Secretary of State for energy, there is a Cabinet, whose Director has the rank of Assistant Director-General, with the structure established in article 14.3 of the Royal Decree 1887 / 2011, of 30 December, which approves the basic organizational structure of the ministerial departments.

5. the functional Areas of industry and energy, integrated into the Government's delegations, shall exercise functions that have assigned normatively in the field of energy and mines under the functional dependence of the State Secretariat of energy, in accordance with its area of competence for action.

6 are assigned to the Ministry of industry, energy and tourism, through the Ministry of energy, the following public agencies: to) the Institute for the restructuring of the coal mining and alternative development in the mining regions, whose President and CEO will be the Secretary of State for energy and the Director-General of energy and mines respectively.

b) the Institute for the diversification and saving of energy, whose Chairman will be the Secretary of State for energy.

7 depends on the Secretary of State for energy a permanent Advisory Board.

8 the exercise of guardianship over the national company for radioactive waste, S.A. (ENRESA) corresponds to the Secretary of State for energy.

9 corresponds to the Secretary of State for energy the exercise of guardianship over the Corporation's strategic reserves of petroleum products.

10 corresponds to the Secretary of State for energy channel relations of the Ministry of industry, energy and tourism with the National Energy Commission, as foreseen in article 9.3 of the Act 2/2011, March 4, sustainable economy.

11 they are assigned to the Ministry of industry, energy and tourism, through its State Secretariat of energy the city Energy Foundation (CIUDEN) and the Foundation for training in mining regions (FUNDESFOR).

12 for the legal advice of the Secretary of State for energy there is a State law, organically integrated into the Department referred to in article 7.6. to) of this Royal Decree.

Article 3. Directorate-General for energy and mines.

1 corresponds to the Directorate General for energy policy and mines the exercise of the following functions: to) the general management of mining, and energy sectors in accordance with the legislation in force.

(b) the development of policy initiatives and its follow-up in the framework of the competences of the General Administration of the State, in matters of mining, hydrocarbons, electricity, nuclear energy, renewable energy, rational use of energy and energy efficiency, as well as the elaboration of the necessary proposals to adapt, where appropriate, to the regulations of the European Union.

(c) the elaboration of proposals on planning of energy and mine safety, as well as the development of mining statistics, in coordination with the technical General Secretariat.

(d) the elaboration of proposals on adjustment of the structure of tariffs, prices of energy products, tolls, as well as remuneration of the activities carried out within the framework of the energy sector in accordance with the legislation in force.

(e) the preparation and processing of authorizations of facilities and subjects operating in the energy sector, as well as radioactive facilities, control of the obligations that are enforceable and instruction and, where appropriate, resolution of the disciplinary proceedings for infringements foreseen in existing legislation in the field of energy, when it is competence of the General Administration of the State.

(f) the proposal of granting and processing of authorizations, permits and concessions of exploitation of hydrocarbons and their monitoring, as well as performances in research and exploitation of mineral deposits and other geological and hydrogeological, resources within the framework of the competences of the General Administration of the State.

(g) the management of administrative records that correspond to the General Administration of the State, in accordance with legislation in the field of energy and mines, as well as the issuance of certificates on their content.

(h) those relating to the Organization and functioning of the electricity production market.

(i) the monitoring and control of the actions and plans, both technical and economic, in relation to activities referred to in the general Plan for radioactive waste and the proposals of authorizations relating to nuclear power plants paralysed, pursuant to provisions in the Law 54/1997, of 27 November, the Electricity Sector and development provisions.

(j) follow-up to international commitments entered into by Spain, particularly in the field of non-proliferation, physical protection of materials and nuclear facilities and civil liability for nuclear damage.

(k) the analysis and monitoring of the supply of mineral commodities, in general, and those that have relevance for national defense.

(l) the improvement of safety in mines within the scope of the powers of the Ministry of industry, energy and tourism and, in particular, the promotion of research, technological development and the competitiveness of mining.

(m) those relating to explosives, cartridges and pyrotechnics, within the scope of the powers conferred on the Ministry of industry, energy and tourism.

(n) the preparation of proposals relating to the determination of specifications and qualities of hydrocarbons, as well as the basic regulation on technical conditions and guarantee of safety in mining and energy facilities, as well as the elaboration, monitoring and development of programs and actions on quality and safety of equipment and products used in mining.

(n) monitoring and promotion of proposals for energy planning in accordance with the legislation in force.

(o) formulation of proposals for conservation and energy saving and the promotion of renewable energy sources.

(p) follow-up of technological developments of nature energy and mining.

(q) the preparation, coordination and analysis studies and energy statistics, in coordination with the technical General Secretariat.

(r) the planning and monitoring of energy infrastructure.

(s) the reception, monitoring and preparation of information on the energy sectors, study, monitoring and analysis of the behavior of energy markets, the parameters affecting these sectors, as well as the comparison with the markets of third countries, in coordination with the technical General Secretariat.

(t) coordination, proposal and monitoring both national as international initiatives and programmes in matters concerning the rational use of energy and energy efficiency, as well as monitoring and the proposal concerning energy policies in the field of environmental implications and the sustainable development of energy, including the production of certificates of conformity for equipment associated with these areas.

(u) the analysis of the evolution and monitoring technological developments of energy character, as well as the contribution to the definition of policy research, technological development and demonstration within the energy sector, in collaboration with the Ministry of economy and competitiveness.

2 the General direction of energy and mines will be integrated by the following General sub-directorates: a) the Subdirectorate-General for hydrocarbons, which perform the functions listed in paragraphs to), b), d), e), g) and n) of the preceding paragraph in the hydrocarbons sector, as well as the functions of paragraph (f)) in the field covered by the law 34/1998 , 7 October, the hydrocarbon sector.

(((((((b) the General Sub-Directorate of electric power, which perform the functions listed in paragraphs a), b), d), e), g) and h) of paragraph 1 in the context of the electricity sector.

(((((((((c) the General Sub-Directorate of Nuclear power, which perform the functions listed in paragraphs a), b), c), d), g), i) and j) of paragraph 1 in the field of nuclear energy, as well as paragraph e) with regard to nuclear and radioactive facilities and functions in general relating to nuclear energy.

((((((((((d) the Subdirectorate General of mines, that will exercise the functions related in them paragraphs to), b), c), f), g), k), l), m) and n) of the paragraph 1 in the scope of the sector miner.

(((((((((e) the Subdirectorate General of planning energy and tracking, that will exercise the functions related in them paragraphs n), or), p), q), r), s), t) and u) of the paragraph 1 in the field of energies renewable, use rational of it energy and efficiency energy.

3. corresponds to the Director General of political energy and mines the direction General of the Institute for the restructuring of the mining of the coal and development alternative of them regions mining.

Article 4. Secretariat of State for telecommunications and for the society of the information.


1 corresponds to the Secretariat of State for telecommunications and the information society, under the top address of the holder of the Department, the exercise of the following functions: to) the impulse, programming and supervision of the activities of the Department in the field of telecommunications and the information society.

(b) the study, proposal and implementation of the general policy on telecommunications and the information society.

(c) the elaboration and proposal of the rules relating to the management and regulation of telecommunications and the information society.

(d) the promotion and development of infrastructures and advanced services of telecommunications and the information society.

e) design and implementation of projects that promote the integration of the technologies of information in all areas of economic and social activity, as well as the promotion and support to the internationalisation of the companies of telecommunications and information technologies and the information society content and audiovisual media, without prejudice to the competences of other ministerial departments.

(f) the promotion and coordination of plans, technology projects and programmes of actions for the promotion of the information society, in particular as regards access, digital identification and development in services and contents, in collaboration with departments, administrations and public entities involved, as well as with the economic sectors and affected private and public social.

(g) the elaboration, management and tracking of programs oriented to the promotion of it offer of new technologies, services and applications and contained in the field of them telecommunications and it society of it information, as well as the definition and management coordinated of this political with them corresponding programs e initiatives of the Union European and with others programs international in this matter.

(h) cooperation with the bodies responsible for the Ministry of Foreign Affairs and cooperation in the study, proposal and coordinating policy to be followed in the European Union and other international bodies in the field of telecommunications, the information society and audiovisual media, and participation in programmes that promote those in such materials , without prejudice to the participation of other ministries in the scope of their powers.

(i) collaboration with the Ministry of economy and competitiveness in price and estimation of costs for the provision of electronic communications services.

(j) the exercise of the powers relating to the domain names of Internet under corresponding to Spain country code (. is) that has assigned the Ministry of industry, energy and tourism.

(k) planning, management and control of scarce resources in telecommunications, in particular, of the Radioelectric public domain, numbering, addressing, name and resources orbit spectrum, in cases where it is competence of the Ministry of industry, energy and tourism.

(l) the procedures and the granting of qualifying titles for the use of the Radioelectric public domain, as well as in the field of the competence of the General Administration of the State, the procedures and the granting of audiovisual services enabling titles.

(m) maintenance of relations of the General Administration of the State with the service providers and telecommunication networks, as well as control of the fulfilment of the obligations of public telecommunications services which, in accordance with the applicable law, apply to you.

(n) the exercise of the powers of control, inspection and sanction in the area of telecommunications and the information society.

(n) resolution of disputes between operators and users in the terms established in the current regulations.

(o) the economico-presupuestaria management, within the scope of their competence, of expenditures and income for the budget appropriations of the Secretary of State and, in particular, the management of rates in telecommunications, in accordance with the regulations in force.

p) others who attributed the current legislation to the Department in the areas of telecommunications, audiovisual services and the society give the information.

2 the Secretary of State for telecommunications and the information society depends on the General Directorate of telecommunications and information technologies, which perform the functions listed in article 5.

3 also depend directly on the Secretary of State for telecommunications and the information society the following units with Subdirectorate-General for organic level: to) the General Sub-Directorate of coordination and execution of programs, which shall exercise the following functions: 1st economico-presupuestaria management of expenditures and income for the budget appropriations of the Secretariat of State for telecommunications and the information society and in particular, the management of rates in telecommunications, in accordance with the regulations in force.

2 the application of the penalties in the field of State aid and subsidies.

3rd the coordination of the management and monitoring of the implementation of the programmes and actions for the promotion of the information society.

4th support the definition and implementation of programmes, conventions and other initiatives to promote the access, use and participation of citizens, companies and institutions of the information society and electronic communications.

b) the Subdirectorate General of promotion of the information society, which will exercise the following functions: 1 the elaboration and management of programmes and actions to promote the access, the use and the participation of citizens in the information society and to facilitate the availability and accessibility of information technologies and communications, especially in people with specific needs.

2nd it elaboration and management of programs for the development of services e infrastructure of it society of the information, as well as the elaboration of databases on them services of the society of the information and them communications electronic.

3rd the elaboration and management of programs for the development of them services public digital and for the development of the centres of the knowledge and of them contained digital.

4th it elaboration, management and follow-up of programs for enhance the use of them telecommunications and of them services of the society of the information and, in particular, of the business electronic, in them small and medium companies, and for the development of them telecommunications and of the society of the information, corresponding to funds structural European.

5th the preparation, management and monitoring of programs oriented to the promotion of the offer of new technologies, services, applications and content as well as the strategic actions of r & d in the field of technologies of information and communication, and the information society, in coordination with other ministerial departments with competence in the matter , and without prejudice to the attributed specifically to them. The definition and coordinated management of this policy with the relevant programmes and initiatives of the European Union and other international programmes in this area.

6th the elaboration and management of initiatives supporting the creation and development of enterprises in the sectors of technologies of information and communications and digital content and layout of the conditions that favour the establishment in Spain of companies from the sectors of technologies of information and communications and digital content. The development, management and monitoring of training programs for professionals and users of the technologies of information and communications, as well as e-business professionals, including the promotion of new learning systems online and digital content for training.

(c) the General Sub-Directorate of services of the information society, which will exercise the following functions: 1 the proposal of legislation in collaboration with other departments on services of the information society and its providers and, in particular, on electronic commerce, electronic signature, domain names of Internet, and follow-up of implementation of the above rules.

2nd the exercise of the powers of control and inspection in accordance with the law on services of the information society and electronic signature. The implementation of the sanctions regime and the instruction of the proceedings in accordance with the law on services of the information society and electronic signature.

3rd communication with professional and industrial sectors on regulation of the information society and electronic signature services and their providers. Assistance to committees, groups of works and other forums of international or national character of whether public or private, dealing with matters relating to the services of the information society and electronic signature.


(d) the General Sub-Directorate of content in the information society, which has the following functions: 1 the proposal of legislation in collaboration with other departments on all types of content in the field of the information society and, especially, models of business and management, advertising , the protection of minors and of the users of intellectual property protection and the re-use of public sector information.

2nd communication with professional and industrial sectors of production and dissemination of content in the field of the information society.

3rd monitoring and exercise of the powers of control and inspection of the professional and industrial sectors of production and dissemination of content in the field of the information society, in relation to the rules governing them, and instruction of the proceedings in cases that proceed.

In particular, with respect to audiovisual media: 4th the monitoring and control of the operators of audiovisual media and processing of their qualifying titles, in the sphere of competence of the General Administration of the State.

5th the exercise of the powers of control and inspection in the audiovisual media in relation to the legislation on social media.

6th the instruction of the disciplinary procedures in the audiovisual media.

7 the exercise of the actions required to facilitate control by the Inter-Ministerial Committee for the monitoring of compliance with the obligation of pre-financing of European production in article 5.3 of the law 7/2010 of 31 March, General Audiovisual communication.

4. as organ of immediate assistance to the Secretary of State for telecommunications and the information society, there is a Cabinet, whose Director has the rank of Assistant Director-General, with the structure established in article 14.3 of the Royal Decree 1887 / 2011, of 30 December, which approves the basic organizational structure of the ministerial departments.

5 corresponds to the Secretary of State for telecommunications channel of the Ministry of industry, energy and tourism relations with the Commission for the telecommunications market, in accordance with article 9.3 of the Act 2/2011, March 4, sustainable economy.

6 are assigned to the Ministry of industry, energy and tourism, through the Secretariat of State for telecommunications and the information society: to) the public enterprise Red.es.

b) the Centre of reference of the technologies of information and communication based on open source (CENATIC) and c) the State Agency of radiocommunication, created by law 32/2003 of November 3, General Telecom.

7 for the legal advice of the Secretary of State for telecommunications and the information society there is a State law, organically integrated into the Department referred to in article 7.6. to) of this Royal Decree.

Article 5. Direction General of telecommunications and technologies of the information.

1 corresponds to the General Directorate of telecommunications and information technologies the exercise of the following functions: to) the management, promotion and development of telecommunications and information technologies.

(b) the elaboration and proposal of rules relating to the management and regulation of the sector of telecommunications and information technologies.

(c) the elaboration of the technical rules concerning the regulation of systems of broadcasting and television, whatever its technical support.

(d) functions related to the obligations of public service, as well as the remaining public obligations in the exploitation of networks and electronic communications services, and, in particular, the proposal of revision and expansion of services encompassing universal service.

(e) the proposal of national plans of numbering, addressing and names and the provisions for its development, relating to electronic communications services.

f) processing matters relating to the rights of operators of networks and electronic communications services to the occupation of the public domain, beneficiaries in the compulsory purchase procedure and to the establishment in its favor of easements and restrictions on the property.

(g) the proposal and monitoring of performances in matter of networks of communications electronic in the interior of buildings.

(h) the functions related to the conditions to be fulfilled installations and installers of telecommunications and their supervision.

(i) the study and it proposed of performances relating to them conditions of interconnection of networks and access to these, as well as the realization of studies and proposals of standards technical of equipment e facilities of the sector of them telecommunications, the follow-up and publication of them interfaces of access to them networks public e interfaces regulated, and them performances derived of the procedure of information in accordance with the Directive 98 / 34 / CE as amended by Directive 98/48/EC.

(j) the development and management of programmes for the development of infrastructure of the information society.

(k) the planning proposal, as well as management and administration of the Radioelectric public domain, the granting of qualifying titles for use, and management in volunteer rate period for booking of the Radioelectric public domain.

(l) the development of projects and the development of the national broadcasting and television technical plans.

(m) the management of the allocation of resources orbit spectrum.

(n) the inspection services and telecommunications networks, of their conditions of provision, equipment, appliances, facilities and civil systems, and coordination of the peripheral services of the Secretary of State relating to control and inspection.

(n) the control of the levels of quality in the exploitation of networks and electronic communications services.

(o) the control and inspection of radio facilities, and technical verification of emissions or radio to the control and supervision of the use of the Radioelectric public domain and, in particular, for the identification, location and removal of harmful interference, breaches, irregularities and disturbances of radio communication systems, and for the exercise of functions attributed to the General Administration of the State in the field of radio frequency emission levels.

(p) the functions related to the lawful interception of telecommunications by technical services, which correspond to the Secretary of State.

(q) it realization of them performances related with it evaluation of the conformity of equipment and devices of telecommunications and, in particular, them of standardization technical, evaluation of conformity and recognition mutual of such teams, it designation of agencies notified and others performances derived of its put in the market.

(r) the handling, supervision and control of matters related to the rights of consumers and end users of telecommunications services and, in particular, the resolution of disputes between operators and end users, as well as information and user of telecommunications services.

(s) the initiation and processing of procedures relating to the application of the penalties related to networks and electronic communications services and premium services.

(t) the exercise of the actions related to telecommunication services for national defense, public security and civil protection, that correspond to the Department.

(u) any other related to the telecommunications sector and the technologies of the information that the legal system attributed to the Department and are not specifically assigned to other bodies.

2 the Directorate-General of telecommunications and information technologies is structured into the following General sub-directorates: a) the General Sub-Directorate of telecommunications management, who shall exercise the functions assigned to the Directorate-General of telecommunications and information technology in paragraphs b) and c) of paragraph 1.

(((((((b) the General Sub-Directorate of networks and telecommunications, which shall exercise the functions assigned to the Directorate-General of telecommunications and information technology in paragraphs d), e), f), g), h), i) and j) of paragraph 1.

(((c) the General Sub-Directorate for planning and management of the radio spectrum, which shall exercise the functions assigned to the Directorate-General of telecommunications and information technology in paragraphs k), l) and m) of paragraph 1.

(((((d) La Subdirección General inspection of telecommunications, which shall exercise the functions assigned to the Directorate-General of telecommunications and information technology in paragraphs n), n), or), p) and q) of paragraph 1.

(e) the General Sub-Directorate of attention to the telecommunications user, who shall exercise the functions assigned to the Directorate-General of telecommunications and information technology in paragraphs r) and s) (1).


3 depend on the provincial headquarters of inspection of telecommunications of the Directorate General of telecommunications and information technologies also.

Article 6. Secretary of State for tourism.

1. the Secretary of State for tourism, under the higher direction of the Minister of industry, energy and tourism, will perform many actions are accurate for the definition, development, coordination and implementation of tourist policies of the State, without prejudice to the competence of the Inter-Ministerial Committee on tourism, as well as the General Administration of the State institutional tourist relations with international organizations public or private, and international tourism cooperation, in coordination with the Ministry of Foreign Affairs and cooperation.

2. it is attached to the Ministry of industry, energy and tourism through the Secretary of State for tourism, the autonomous body Institute of tourism of Spain.

3 senior management and the representation of the body corresponds to the Secretary of State for tourism the Presidency of the Institute of tourism of Spain and as such.

4. as organ of immediate assistance to the Secretary of State for tourism, there is a Cabinet, whose Director holds the rank of Assistant Director-General, with the structure established in article 14.3 of the Royal Decree 1887 / 2011, of 30 December, which approves the basic organizational structure of the ministerial departments.

5 for the legal advice of the Secretary of State for tourism there is a State law, organically integrated into the Department referred to in article 7.6. to) of this Royal Decree.

Article 7. Undersecretary of industry, energy and tourism.

1 corresponds to the Undersecretary of industry, energy and tourism the exercise of the functions as article 15 of the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, attributed to Deputy Minister and, in particular, the exercise of the following functions: to) the ordinary Ministry representation.

(b) upper head of the staff of the Department and the resolution of many issues relating to this, except cases reserved to the decision of the Minister and the Secretaries of State.

(c) them relations institutional external of the Department, without prejudice of the competences attributed to others organs upper and managers.

(d) the administrative relations with institutions and agencies dependent on the Department, without prejudice the powers conferred on other superior and executive bodies.

(e) the promotion and coordination of instructions and orders of service which proceed to dictate matters inherent to the Department management.

(f) relationship with the territorial units of the Ministry and the assessment of the resources necessary for its operation, without prejudice to the functional competences that correspond to other organs of the Department.

(g) management and coordination of the powers attributed to the budget Office of the Department by its specific provisions.

(h) the protectorate of foundations whose purposes are linked with the functions of the Department, under the terms established by the regulations in force.

(i) the direction, impulse and coordination of common services of the Department, the management of the internal regime and other general services, the direction and organization of the general registry of the Ministry as well as the exercise of powers conferred as registration authority of the Department in relation to the issuance of digital certificates for public employees.

(j) the planning, preparation, supervision and address of them projects of execution of works, the maintenance, permanently updated, of the inventory of them estate affected to the Ministry, as well as them skills of management heritage relating to the lease of goods estate planned in the legislation existing.

(k) the economic and financial management and the study, preparation and proposal of contracts that celebrate the Department, without prejudice to the powers conferred on other managers or higher organs of the Ministry, as well as the coordination of the colleges of the Department on procurement.

(l) the impulse and coordination of the political computer of the Ministry and of their different agencies, the development of them systems of information necessary for the operation of them services, the implementation of the Administration electronic in the Department, the management and administration of them networks of communication of voice and data in them Services Central, peripheral and in the outside administration of the Internet domain, the portal, the electronic office and the Ministry intranet and, finally, the promotion of the presence of the Department on social networks.

(m) the elaboration of the annual preliminary draft budget of the Ministry and the coordination of those corresponding to their public bodies attached, as well as monitoring of budget execution and authorization and processing of its modifications.

(n) the general inspection of organs, units and agencies dependent or assigned to the Department and monitoring of plans and actions and proposal for the improvement of the efficiency and quality of services, as established in the Royal Decree 799/2005, of 1 July, which regulates general inspections of services of the various ministerial departments; as well as the handling of the compatibility files relating to the staff of the Department and its autonomous bodies, and the discipline of the staff of the Department.

(n) technical and administrative assistance to superior and executive organs of the Department in order to improve the services, as well as the monitoring and analysis of sectoral policies of the Department and the periodic evaluation of the impact and effectiveness of the instruments of support.

(o) the studies and organizational analysis, compensation and incentives to performance, administrative procedures and management processes and work methods.

(p) the analysis, monitoring and coordination of matters relating to other departments, agencies, and entities which are typical of the Ministry of industry, energy and tourism, are not assigned to other organs of the Department.

(q) the direction and coordination of the services of administrative information and relationship with the citizen.

(r) planning, management and administration of the human resources of the Department and, where appropriate, its autonomous bodies, the development of the relations of jobs and management fees, relations with trade unions and professional associations of civil servants as well as collective bargaining appropriate.

(s) the elaboration of training plans of the Department staff and the direction of its execution and planning and management of social action and programmes of prevention of occupational health and attention to the working conditions of the staff of the Department.

2. the functions recognized by Royal Decree to the various higher and managerial bodies of the Department are established, in any case, without prejudice to that which gives the Deputy Minister of industry, energy and tourism.

3 of the Undersecretary of industry, energy and tourism depends directly on the General technical secretariat, which exercises the functions provided for in article 8.

4 addition of the holder of the Undersecretary of industry, energy and tourism depend directly on the following units with subdirectorate-general for organic level: to) the General Sub-Directorate of greater Oficialia and financial management, which corresponds to the performance of the duties referred to in paragraphs i), j) and k) of paragraph 1.

((b) the General Sub-Directorate of technologies of information and communications, which corresponds to the performance of the duties referred to in paragraph l) of paragraph 1.

((c) the budget Office, which corresponds to the performance of the duties referred to in paragraph m) of paragraph 1 of this article and, in any case, which are determined in the Royal Decree 2855 / 1979, of 21 December, which created the budget offices.

(((((d) the Subdirectorate General of the inspection General of services and relationship with the citizens, which corresponds to the performance of the duties referred to in paragraphs n), n), or), p) and q) of paragraph 1.

(e) the General Sub-Directorate for planning and management of human resources, which corresponds to the performance of the duties referred to in paragraphs r) and s) (1).

5 reporting directly to the Undersecretary, and as support and immediate assistance the owner, there is a technical cabinet with organic level of general Sub-Directorate.

6 are also assigned to the Undersecretary, with functions that are attributed to them by their specific rules, and without prejudice to their respective units, organs with the rank of general Sub-Directorate: to) the State Law Department, in which are integrated organically which assume the legal advice of the Secretaries of State of the Ministry.

(b) the intervention delegate of the intervention General of the administration of the State).

7 are assigned to the Ministry of industry, energy and tourism, through its Secretary, the autonomous body Spanish Office of patents and trademarks and the public foundation for the Escuela de Organización Industrial.


Article 8. General technical secretariat.

(1. the Secretariat General technical of the Ministry of industry, energy and tourism exerts them functions that you attributed the article 17 of the law 6 / 1997, of 14 of April, of organization and operation of the Administration General of the State, and, specifically, them following: to) it joint of them skills policy of the Ministry with the rest of it Administration General of the State and with them others administrations public agencies and public bodies, and processing, where appropriate, regulatory projects which approve or propose to the Department.

(b) the preparation of the documentation and reports, as well as the processing and coordination of actions relating to matters that are subject to the deliberation of the Council of Ministers, the delegated committees of the Government and of the General Commission of Secretaries of State and undersecretaries.

(c) the monitoring and report of acts and regulations of the autonomous communities; the processing of the collaboration agreements with the autonomous communities and the coordination of the actions of the various higher and managerial bodies of the Department relating to the transfer of functions and services to those.

(d) the carrying out of studies and analyses on the structure, evolution and perspective of the economic sectors of competence of the Ministry in its different components and in particular competitiveness and on the indicators in the sectors of competence of the Ministry; the realization of periodic reports of situation and studies of general interest to the Department and the coordination of sectoral studies in the area of competence of the Ministry.

(e) the monitoring and, where appropriate, coordination of the plans of action of the Department and its agencies dependent, analysing their economic impact, coordination and promotion of all the statistics of the Department in coordination with the National Institute of statistics and, in particular, those included in the national statistical Plan, as well as the monitoring and analysis of the statistics compiled by other administrations and agencies public or private, national or international in all the sectors of competence of the Department.

(f) the direction, management and editorial coordination of the Department and the promotion and dissemination of publications as well as the direction, organization and management of libraries and archives and documentation of Department services.

(g) the analysis, management and monitoring of the legislation in the areas of competence of the Department.

(h) report of the General provisions that promote Department and participation, where appropriate, in their preparation, as well as the realization of legal reports on matters relating to matters inherent to the Department.

(i) the study of administrative resources, its processing and the preparation of proposals of resolution as well as of the previous claims to the civil courts, of the review of administrative acts and declarations of prejudicial effect records.

(j) relations with the courts and tribunals of Justice, for the purpose of referral of records and documentation requesting, receiving their notification and, where appropriate, preparation for the execution of their sentences.

(k) the processing and resolution of the procedures for the recognition of professional certificates issued by the Member States of the European Union and other States signatories of the agreement on the European economic area.

(l) coordination and advice in matters of international and technical cooperation in the area of competence of the Department, without prejudice to the competence of other ministries in the matter.

(m) the office, in coordination with the Ministry of Foreign Affairs and cooperation, competencies in relation to international organizations and the European Union in matters inherent to the Department does not expressly assigned to other executive bodies.

((((2. it Secretariat General technical is structure in them following subdirectorates general: to) the Deputy General technical, that will exercise them functions indicated in those paragraphs to), b) and c) of the paragraph 1.

((b) the General Sub-Directorate of development policy, reports and publications, which perform the functions set out in paragraphs f), g) and h) of paragraph 1.

(((c) the General Sub-Directorate of resources, claims and relations with the administration of Justice, which will develop the functions described in paragraphs i), j) and k) of paragraph 1.

((d) the General Sub-Directorate for international relations and cooperation, which will exercise the functions referred to in paragraphs l) and m) of paragraph 1.

((e) the General Sub-Directorate of studies, analyses and action plans, which corresponds to the performance of the duties referred to in paragraphs d) and e) of paragraph 1.

Article 9. Secretary General of industry and small and medium-sized enterprises.

1 corresponds to the General Secretariat of industry and small and medium-sized enterprises, under the higher direction of the Minister of industry, energy and tourism, the exercise of the following functions: to) the proposal, development and monitoring of the general policy of the Department in relation to the industry and the small and medium enterprises (SMES).

(b) the impulse, programming and supervision of the activities of the Department in the area of industry and SME.

(c) the development and implementation of industrial, domestic or issued policies of the European Union, affecting the industries on which to exercise its jurisdiction, as well as proposals for incorporation into the legal system of policies and actions emanating of international rules and the European Union.

(d) the proposal and execution of the policies of support and promotion of SMES.

(e) those relating to cooperation with the autonomous communities designed to encourage and promote the business activities of SMES.

(f) the proposal and if execution of actions that will reduce the administrative burdens of companies favoring their creation and the development of its activity.

(g) the proposal and implementation of actions and programmes aimed at improving the competitiveness of SMES, to facilitate their access to finance and to encourage an entrepreneurial spirit.

(h) the development of policies for the development of companies incorporated in industrial sectors, promotion of entrepreneurship, creation of enterprise and improvement of resources of the companies.

(i) the proposal of legislative and regulatory initiatives of development in their sphere of competence.

(j) the development of policy support and promotion of industrial enterprises and plans or programmes for the promotion of entrepreneurship and the creation of new enterprises or industrial activities as well as the activities of industrial infrastructure and related services.

(k) the proposal of initiatives, in collaboration with the autonomous communities, aimed at achieving the industrial harmonious development throughout the country, in particular, with the regions in particular situation of industrial decline.

(l) the dialogue with the business sector industrial and business associations for, inter alia, the promotion of cooperation between companies and business associations to carry out actions of common interest linked to the development of industrial activities involving joint demand for services, modernization or international expansion.

(m) the proposal of actions plans and programmes aimed at improving the competitiveness of companies in the industrial sectors on which exercises its competence, as well as to the creation of an enabling environment that is conducive to the international competitiveness of these sectors.

(n) the impulse, the address and the follow-up of them actions and programs related with the industry Aeronautics and space, as well as of them others sectors strategic, included the representation and the participation in them agencies and companies international.

(n) the promotion and the promotion of the adaptation and compatibility of the industrial activities to environmental requirements and safety, without prejudice to the powers which may correspond to other ministerial departments, urging companies to development and incorporation of appropriate technologies.

(o) the development of programmes relating to the quality and industrial safety, without prejudice to the powers of the autonomous communities in the matter.

(p) any other action which entrusted the Minister of industry, energy and tourism in the scope of the powers granted the law 21/1992, July 16, of industry, and its implementing rules.

2 the Secretary General of industry and small and medium-sized enterprises depends on the General direction of industry and small and medium-sized enterprises, which perform the functions determined in article 10.

3. the holder of the General Secretariat of industry and small and medium-sized enterprises will be the President of the Observatory of the small and medium-sized enterprises.

4 corresponds to the General Secretariat of industry and the small and medium enterprise assistance to the Minister at the sectoral Conference of industry and energy, Industry Affairs and in the Committee for Industrial competitiveness.

5 the holder of the General Secretariat of industry and small and medium-sized enterprises will depend on directly a technical Cabinet, subdirectorate-general for organic level.


6. it is attached to the Ministry of industry, energy and tourism, through the General Secretariat of industry and small and medium-sized enterprises, the Spanish Centre of metrology.

7. them Areas functional of industry and energy, integrated in them delegations of the Government, exercise them functions that have attributed normatively in matter of industry low it dependency functional of the Secretariat General of industry and of the small and medium company, in accordance with its field competence of action.

8 is attached also to the Ministry of industry, energy and tourism, through the General Secretariat of industry and small and medium-sized enterprises, the management of the Naval Construction Sector.

9. it will be linked to the exercise of the functions of the General Secretariat of industry and small and medium-sized enterprises, through the Directorate General of industry and small and medium-sized enterprises, State-owned companies ENISA and CERSA. Regarding ENISA will correspond to the General Secretariat of industry and small and medium-sized enterprises, through the Directorate General of industry and small and medium-sized enterprises the performance of the duties of guardianship in accordance with the provisions of articles 169.d) and 176 of law 33/2003, 3 November, the heritage of the public administrations. In relation to CERSA, the follow-up of its activity and the formulation of proposed e initiatives for facilitate it funding of it small and medium company correspond to the Secretariat General of industry and of it small and medium company, through it address General of industry and of the small and medium company. The Presidency of both companies will fall in the holder of the direction General of industry and of the small and medium company.

10. be ascribed to the General Secretariat of industry and small and medium-sized enterprises, through its technical Cabinet, the General Secretariat of the national authority for the prohibition of chemical weapons, regulated by Royal Decree 663/1997 of May 12.

11 they are assigned to the Ministry of industry, energy and tourism, through its General Secretariat of industry and small and medium-sized enterprises, the Spanish Foundation for the innovation of crafts and the Foundation Observatory for Industrial Technology foresight (OPTl).

Article 10. Directorate General of industry and small and medium-sized enterprises.

1 corresponds to the Directorate General of industry and small and medium-sized enterprises the exercise of the following functions: to) the proposal, implementation, monitoring and evaluation of industrial policy and the policies of support and promotion of the activity of small and medium-sized enterprises aimed at improving its competitiveness, as well as international proposals for incorporation of small and medium-sized enterprises and industrial initiatives and the European Union to the field National.

(b) the preparation, management and monitoring of actions aimed at improving the competitiveness and efficiency of the productive sectors or that generate value for industrial activities, without prejudice to the competences that correspond to other ministerial departments.

(c) the analysis and the evaluation of the impact of them performances derived of it application, among others, of normative technical and environmental on the competitiveness of them sectors industrial, as well as the elaboration of plans of adaptation to them same.

(d) the preparation, management and monitoring plans of specific support to the industrial sectors affected by special circumstances. Hold the representation of the Ministry of industry, energy and tourism in institutions and groups of work that address aspects that affect to the competitiveness of the sectors industrial.

(e) coordinating, within the framework of the Council of coordination of the Industrial safety, industrial safety plans.

(f) the development, follow-up and development of programs and performances in matter of quality and security industrial and the development of infrastructure technical associated to these, as well as the standardization, accreditation and certification of them companies and products industrial.

(g) the preparation and monitoring of regulations in the field of quality and safety industrial sobreproductos and industrial installations provided for in law 21/1992 of July 16, of industry, as well as the elaboration, monitoring and enforcement of regulatory provisions on type-approval of vehicles, systems and components provided for in the law on road safety.

(h) the management of the record integrated Industrial in the frame of it established in the law of industry, as well as the new sections that is go creating derived of the development regulatory.

(i) the development, management and monitoring of reindustrialization programmes designed to promote economic development of less favoured regions industrially as well as the coordination of programmes and actions aimed at promoting the technological upgrading of enterprises.

(j) cooperation with other ministerial departments in the implementation of the State policy in the field of regional economic incentives in its industrial aspects.

(k) the preparation, management and monitoring of them following programs: programs directed to the industry Aeronautics and space; strategic programs and programs of high-technological and industrial; programs and actions aimed to increase the competitiveness of the sectors industrial; programmes aimed at enhancing the implementation of management systems and infrastructures designed to increase industrial competitiveness; and programmes of public-private partnerships in areas of strategic importance for industrial sectors.

(l) support for the establishment and consolidation of technological platforms led by industry, in coordination with other departments.

(m) analysis and proposals of simplification rules and of reduction of loads administrative for the SME. Cooperation with other ministerial departments, autonomous communities and local authorities in the identification and proposal of actions aimed to simplify and improve the relationships of SMES with the administration.

(n) the analysis, proposals for improvement, development and disclosure of the sources of financing for small and medium-sized enterprises. As well as the development of actions and programmes aimed at facilitating the access to finance of SMES, well directly, or instrumented through societies CERSA and ENISA.

(n) the Presidency and participation in the Evaluation Commission which lays down requirements which shall conform the conventions of promotion funds asset securitization to facilitate corporate financing, as well as the rest of that attributed to him in the current regulations to such funds (FTPYME).

(o) impulse and coordination of programmes and actions agreed in the sectoral Conference of SMES. Technical and administrative assistance to the sectoral Conference and the Board of Directors Generals of the sectoral Conference.

(p) the proposal, design, management of aid and implementation of actions and programmes co-organized with the autonomous communities to support the competitiveness of SMES through the realization of projects in the fields of technological, organizational and business management.

(q) the execution of programs aimed to strengthen them districts industrial and them networks of cooperation between small and medium-sized companies and the management of the register special of groupings business innovative of the Ministry of industry, energy and tourism.

(r) the implementation and monitoring of government policies to facilitate the creation of enterprises, management of the center of information and network of business creation (CIRCE) regulated by Royal Decree 682/2003, of 7 June, and advice to entrepreneurs and small and medium-sized enterprises.

(s) participation in the activities derived from the membership of Spain to international bodies and in general of bilateral and multilateral relations in small and medium enterprise policy, as well as the promotion and development of activities necessary to comply with the commitments and European and international programmes in support of small and medium-sized enterprises, especially deriving from the 'small business Act' European the OECD and the European Council.

(t) concerning actions to be developed in the framework of the SME Observatory regulated by Royal Decree 943/2005, of 29 July.

(u) the analysis and development of actions aimed at promoting the promotion and recognition of SMES artisans in order to promote its competitiveness, in collaboration with the autonomous communities or instrumented through the Spanish Foundation for the innovation of crafts.

(v) the development of performances of the entrepreneurship as well as the broadcasting of information of interest direct for them small and medium-sized companies, the management of the portal SME as well as of other web pages of the address General relating to entrepreneurs and SME.

(w) the preparation and follow-up of the agreements signed with institutions that develop activities of SME support funded through the budgets of the General direction.

(x) the administrative and financial management of the programmes of public aid which is responsible of the Directorate General of industry and small and medium-sized enterprises, as well as the monitoring and control of the fulfilment of the obligations assumed by the beneficiaries of subsidies.


and) carrying out studies, statistics, databases, reports and analyses of sectoral, regional and aggregate industry and for monitoring and evaluation of the policies carried out by the Directorate-General in the field of small and medium enterprises.

(z) any other actions which are entrusted to it by the holder of the General Secretariat in the industrial sector and small and medium-sized enterprises.

((((((2. the address General of industry and of the small and medium company is structure in them following units with level organic of sub-directorate general: to) the Subdirectorate General of political sectoral industrial that will exercise them functions attributed in them paragraphs to), in the field of it industry, b), c) and d) of the paragraph 1 and them of them paragraphs w) ((, x) e and) that may arise from those functions.

(((((b) the Subdirectorate General of quality and safety Industrial, that will exercise the functions attributed in them paragraphs e), l), g) and h) of the paragraph 1.

((((((c) the General Sub-Directorate of programs strategic assumes the functions attributed in the paragraphs i), j), k) and l) of paragraph 1 and paragraphs w), x) e and) that may arise from those functions.

((((((((((d) General Subdirectorate of institutional environment and innovation programmes for SMES which perform the functions attributed in paragraphs to), in the field of small and medium-sized enterprises, or), p), q), s), t) and u) of paragraph 1 and paragraphs w), x) e and) that may arise from those functions.

(((((((((e) Sub-Directorate General of support to SMES, which shall exercise the functions conferred on the paragraphs to), in the field of small and medium-sized enterprises, m), n), n), r) and v) of paragraph 1 and paragraphs w), x) e and) which may arise from such functions.

Provision additional first. Removal of organs and units.

(Are suppressed them following organs with level organic of sub-directorate general and units equivalent of the Ministry of industry, energy and tourism: to) the unit of studies of the Ministry of industry, tourism and trade.

(b)) the General Sub-Directorate of international bodies of telecommunications and the information society.

(c) the Subdirectorate General of media audiovisual.

(d) the General Sub-Directorate of telecommunications operators.

(e) the Subdirectorate General of infrastructure and regulatory technical.

f) the General Sub-Directorate for inspection and attention to the user.

(g) the Oficialia more.

(h) the General Subdirectorate of human resources.

(i) the Subdirectorate General of Administration financial and procurement.

j) the General Sub-Directorate of institutional environment and international coordination in SME policies.

(k) the General Sub-Directorate of business development.

(l) the Subdirectorate-General for business growth.

(m) the Division of studies of industry, energy and telecommunications.

n) the technical Cabinet, with the rank of Assistant Director-general, the extinct secretariat of tourism and domestic trade.

Second additional provision. No increase in public spending.

Implementation of this Royal Decree shall be without increase in cost of operation of the respective governing bodies and will not lead to increase of public spending.

Third additional provision. Deconcentration.

It will be up to the Secretary of State for telecommunications and the information society the exercise of competences and administrative functions that are attributed to the Minister of industry, energy and tourism in the current regulations in telecommunications and audiovisual media, interconnection and numbering enabling titles, management of the Radioelectric public domain, control of the fulfilment of the obligations of public service telecommunications and audiovisual media , and imposition of sanctions on these matters.

Fourth additional provision. Delegation of powers.

1. the delegations of powers granted by them different organs upper and managers affected by this real Decree and by them real decrees 1823 / 2011, of 21 of December, by which is restructured them departments Ministerial; 1829 / 2011, of 23 of December, by which is create secretariats in those departments Ministerial; and 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments, will continue to be valid and effective until expressly revoked or newly granted.

2 when delegations of powers that keep their effects under the preceding paragraph had been made in favour of organs removed by any of the above-mentioned Royal Decrees, the concerned delegations shall be valid and effective for bodies in whose sphere of action is setting the corresponding competence or function.

Provision additional fifth. Fallback from the holders of executive bodies.

In cases of vacancy, absence or illness of the head of the Department of the General Secretariat of industry and small and medium enterprises and the General directions of the Department, and in the absence of designation of acting in accordance with the provisions of article 17 of the law 30/1992, of 26 November, will be the fallback to the management bodies under the same order in which they are mentioned in the respective established structure in the present Royal Decree.

First transitional provision. Units and positions of work with level organic bottom to subdirectorate general.

1. the units and subdirectorate-general for lower level jobs continue to exist and will be paid at the same budgetary expense, until the relationship of job adapted to the organic structure of this Royal Decree would be adopted. Such adaptation may not make public spending increase.

2 units and jobs framed in organs excised in this Royal Decree shall be attached temporarily, by resolution of the Undersecretary, bodies regulated by Royal Decree, on the basis of the powers which they have assigned.

3. in the case of units and organic Subdirectorate-General for lower level jobs attached to the bodies of common services of the extinct Undersecretary of industry, tourism and trade, the assignment of positions shall be made by joint resolution of the Department of industry, energy and tourism and economy and competitiveness. Until then, will continue to play, on a provisional basis, the functions that were assigned, under the direction of the bodies created by the Royal Decrees of development of basic organic structure of the ministries of industry, energy and tourism, economy and competitiveness.

Second transitional provision. Transitional arrangements until the effective Constitution of the Radiocommunications Agency.

To the effective establishment of the State Agency of radiocommunication, the exercise of the powers and functions which he credited law 32/2003 of November 3, General of telecommunications, will continue to corresponding organs of the Secretary of State for telecommunications and the information society in accordance with what in this Royal Decree is determined.

Third transitional provision. Colleges of recruitment.

Without prejudice to the provisions of the first transitional provision about the livelihoods of units and jobs, and so far that approved the corresponding ministerial orders and become bodies chartered in procurement of the Ministry of industry, energy and tourism and the Ministry of economy and competitiveness, will be remaining the single table of the extinct Ministry of industry recruitment and hiring joint , Tourism and trade, with structure and powers conferred him the order ITC/2411/2011, on 5 September.

Sole repeal provision. Repeal legislation.

Are repealed few provisions of equal or lower range is opposed to it established in this Royal Decree and, in particular, the Real Decree 1226 / 2010, of 1 of October, by which is develops the structure organic basic of the Ministry of industry, tourism and trade.

First final provision. Development and execution.

Is authorizes to the Minister of industry, energy and tourism to adopt the measures that are necessary for the development and execution of this Royal Decree.

Second final provision. Changes budget.

By the Ministry of Hacienda and administrations public is take to out them modifications budget precise for the compliance of it planned in this Royal Decree.

Also, the Ministry of Hacienda and administrations public will take to perform them settings of effective necessary.

Third final provision. Entry into force.

He present Royal Decree will enter in force the same day of its publication in the «Bulletin official of the State».

Given in Madrid, the 10 of February of 2012.

JUAN CARLOS R.

The Minister of Hacienda and administrations public, CRISTOBAL MONTORO ROMERO

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