The law 43 / 2010, of 30 of December, of the service postal universal, of them rights of them users and of the market postal, creates in its disposal additional fourth the Commission philatelic of the State as organ Advisory of them ministries of promotion and of economy and Hacienda with functions of consultation, advice and proposed in matter of seals of mail and others signs of postage.
He objective of the Commission philatelic of the State is enhance the communication, the cooperation and the exchange of opinions in the field of the Philately. In this way, provided a suitable channel for channelling requests and proposals of the sector in its relations with the General Administration of the State, allowing you to pick up the recommendations of the main agents of the sector of Philately and collectors on the topics to be incorporated in the annual programmes of emissions of stamps and other signs of postage. For this purpose, between their members is will find representatives of the Administration General of the State and other institutions State and vocal of the associations philatelic more representative, as well as a vocal appointed between personalities of recognized prestige.
Through the aforementioned Commission Philately in Spain must receive a new impulse which contributes to revitalize an activity that meets a work of diffusion of the cultural identity and civic values that make up our society, which is at the same time an economic activity of the Spanish postal sector.
By this, the emission of seals, as activity administrative that is, must be regulated and subject to the guardianship of the Administration public competent. Thus, the first paragraph of the aforementioned fourth additional provision of law 43/2010, establishes that the emission of postage stamps and other signs of postage, as well as its programming, shall be authorized by a joint resolution of the undersecretaries of development and of economy and finance on terms that are developed according to the rules.
The present Royal Decree consists of 19 items grouped in two titles, four additional provisions, a repealing provision and five final provisions.
The title I is divided into three chapters, which are dedicated respectively to regulate the composition, powers and functioning of the philatelic Commission of the State regime.
He title II regulates them features General of them emissions of seals of mail and others signs of postage as well as the authorization joint of the programming annual and of them emissions by those ministries of promotion and of economy and Hacienda.
The available additional first provides for the creation of the Museum attached to the Ministry of public works 'Postcard of the State'.
In it available additional second is suppresses it Commission of programming of emissions of seals and others signs of postage and is has it delivery to it Commission philatelic of the State, through the Subdirectorate General of regime Postal, of it documentation existing with prior to the entry in operation of it cited Commission.
In the available additional third is regulates them conditions of emission and of provision of the service of seals custom and in the available additional fourth is makes reference to them relations between the operator responsible of provide the service postal universal and the entity public business factory national of currency and timbre-real House of the currency.
Regarding the final provisions, it should be noted that the first refers to the adaptation of the composition of the Commission by order of the Minister of the Presidency, a joint proposal of the Ministers of economy and finance and development. The second final disposition collects competence title that is based on this legislative initiative from the State. The third final provision provides the enabling regulatory development. The available end fourth collects the absence of increase of the expenditure public and in the available end fifth is regulates the entry in force.
In the elaboration of this provision has completed the process of hearing request report to the institutions and organizations most representative of the sector. In particular, audience was given to the State's society of post and Telegraphs, S.A., the Fábrica Nacional de Moneda y Timbre, organism Autonomo Commissioner for the tobacco market, the entrepreneurs Association of Philately and numismatics of Spain (ANFIL), the Spanish Federation of philatelic societies (FESOFI) and the representative of collectors.
(To the effects of the article 24.1 b) of the Law 50 / 1997, of 27 of November, of the Government, is has obtained the report of the Ministry of culture and of the Commission national of the Sector Postal. Development and economy and finance ministries also issued report in accordance with the provisions of article 24.2 of the Act 50/1997.
In his virtue, a joint proposal of the Ministers of development and finance, with the prior approval of the Minister of Territorial policy and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of November 11, 2011, I HAVE: TITLE I Committee philatelic State CHAPTER I provisions general article 1. Nature and affiliation.
1. the Commission State philatelic, created by the fourth additional provision of law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market, is a consultative body of the ministries of development and finance, with functions of consultation, advisory and proposal relating to issuance of postage stamps and other signs of postage.
2. the State philatelic Commission is a collegiate body and is attached to the Ministry of public works through the Undersecretary of the Department.
Article 2. Competencies.
They are powers of the philatelic Commission of the State: to) drawing up the annual programme of emission of postage stamps and other signs of postage.
(b) propose the themes of the stamps to issue.
(c) make recommendations, inform policy proposals and any other matter referred to consultation the ministries of development and of economy and finance in the philatelic field.
(d) to track emissions of stamps and other postage signs made.
(e) promote and coordinate formulas of collaboration and of cooperation with other institutions and agencies of others States in the field of their competencies.
(f) any others that, in matter philatelic, you attribute the normative force.
CHAPTER II composition article 3. Members of the Commission.
The philatelic Commission of the State is made up of a President, a Deputy President, a Vice-President, a number of vowels that do not exceed nine and the Secretary.
Article 4. President and Deputy President.
The Presidency of the philatelic Commission of the State corresponds to the technical General Secretary of the Ministry of development and the Presidency attached to the technical General Secretary of the Ministry of economy and finance.
Article 5. Vice President.
The Vice President of the philatelic Commission of the State corresponds to the Deputy Director General of Postal regime.
Vice President shall replace the President and the Deputy President in the cases provided for in article 12(1). and perform many other functions assigned by the President.
Article 6. Vocal.
1 shall form part of the philatelic Commission of the State the following vowels: a) a representative of the Ministry of public works.
(b) a representative of the Ministry of economy and finance.
(c) a representative of the Ministry of culture.
(d) a representative of the operator who has entrusted the provision of the universal postal service.
(e) a representative of the Fábrica Nacional de Moneda y Timbre-real Casa de la Moneda.
(f) a representative of the Spanish Federation of philatelic societies (FESOFI).
(g) a representative of the National Association of entrepreneurs of Philately (ANFIL).
(h) a representative of the collectors, internationally qualified.
i) may appoint is a vowel, between personalities of recognized prestige in the postal field.
2 members who referred to), b), c) of the preceding paragraph shall be appointed by the President of the Commission, on a proposal from the respective ministries, with category, at least, of Deputy Director general or assimilated. The members referred to in the letters d), e), f) and g) will be appointed by the President on a proposal from those who represent. (The members referred to in the letters h) e i) shall be appointed by the President.
Article 7. Secretariat of the Commission.
1. the Secretariat of the Committee the State philatelic is the permanent organ of assistance and support to the Commission. Its holder will be appointed by the President of the Commission between the personal of the Subdirectorate General of regime Postal of the Ministry of promotion.
In those alleged of vacant, absence or disease will be replaced by the person that designate the President of the Commission philatelic of the State.
2 the Secretary has the following functions: to) assist the President and other members of the Commission in dealing with the issues and in the preparation of the meetings of the Commission.
b) receive and process applications for new issues of stamps and other signs of postage directly or through the provision of the universal postal service operator.
(c) organize them services of support technical and administrative to the Commission and direct the registration, file and others services similar that are accurate for the normal development of the Commission and guard their records and documents.
(d) prepare the work of the Commission, convene their sessions by order of the President and write and sign them records corresponding.
(e) issue the certifications of the agreements adopted by the Commission.
(f) drawing up studies and reports required to facilitate decision-making by the Commission.
(g) propose the projects of resolutions joint of the undersecretaries of promotion and of economy and Hacienda, to which is refer them articles 16 and 17.
(h) coordinate acts of submission of emission of postage stamps and other signs of postage.
(i) process and, in his case, run the agreements of the Commission.
(j) to exercise many other functions are inherent to their status as Secretary of the College, in accordance with the provisions of article 25 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3. the Secretary is a member of the philatelic Commission of State and attend meetings with voice and vote.
Article 8. Alternate Vice-Chairman and the members.
1. the President of the Commission may designate alternate of the Vice President among the personal of the Subdirectorate General of regime Postal. It may also appoint alternates of the members, by the same procedure as the holders and among persons who fulfil the same requirements.
2. the vocal holders only can be replaced by his respective substitute.
3. them vocal alternate only may attend to the sessions of the Commission in case of absence or of disease and when concur any cause justified, in accordance with it intended in the article 24 of the law 30 / 1992, of 26 of November.
Article 9. Advice to the members of the Commission.
The President may agree to participation in meetings of the philatelic Commission of the State of independent experts in attention to the issues that have to be treated. The experts will attend with voice but without vote.
Article 10. Cessation of the members of the Commission.
1 causes of cessation of the vowels of the philatelic Commission of the State are the following: to) waiver.
(b) the application of who had proposed the vowel.
(c) inability to permanent or have been convicted for crime fraudulent.
(d) the absence or loss of concurrence of the requirements that determined its designation.
2 in the case of cessation of any of the members of those referred to in the lyrics to) g) of paragraph 1 of article 6, shall be the proposal for appointment of a new Member to the President of the Commission, remaining in functions outgoing vocal until the appointment of one and a maximum three months.
CHAPTER III operation article 11 regime. Operation.
1. the State philatelic Commission will work in plenary.
2. the Commission may set up working groups that are temporarily entrusted the realization of studies, papers and reports on matters of special interest in terms of postage stamps and other signs of postage, which will be automatically dissolved once meet specified function that is entrusted to them.
Composition, objectives, time of the assigned activity and, where appropriate, shall be fixed in the Act in which the Constitution agreed the Working Group methodology.
3. in matters not provided for in this Royal Decree shall apply to the organisation and operation of the philatelic Commission of the State provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 12. Calls and sessions.
1. the Commission shall meet in ordinary session at least twice a year. The call is shall be with an advance minimum of forty and eight hours to it planned for the home of the session, expressing is in she them Affairs to treat and the place, the date and the time of the celebration. Also the Commission is meet in session extraordinary when it decide its President, or when so it request the majority of their members.
For the valid Constitution of the body will require the assistance of the President and Secretary or, where appropriate, those who replace them, and of the half, at least, of its members in case of vacancy, absence or illness, the President will be replaced by Deputy President and, where appropriate, by the Vice-President.
He President will lead them deliberations, will moderate them debates, granting and removing the use of the word, will ensure the participation of all them members in conditions of equality, by the respect to the principle of contradiction and to them shifts of replica reasonably necessary. You can also agree suspension of the session, stating the causes that determine it and the date and time of its recovery.
2. agreements shall be adopted by majority of votes of the members present. The President will settle ties, in their case, with your vote.
Article 13. Duty of secrecy.
Members of the philatelic Commission of State and experts participating in meetings or working groups, will be required to keep reserve, stealth or secret about how many aspects are protected by legislation, without prejudice to the fulfilment of the duty of information with the entities representing.
TITLE II emissions of stamps of mail and other signs of postage item 14. General characteristics of the emissions.
All issues of postage stamps and other postage signs shall comply with the following rules: 1. be not issued stamps that represent the image of living people, other than those engaged in the Royal family.
Exceptionally, the Commission may propose the issuance of stamps which incorporate the image of living people when there are circumstances of cultural, sport, scientific and institutional nature or any other analogous to the previous ones so justify it. In any event, they shall respect the provisions laid down in the legislation on civil protection of right to honour, personal and family privacy and self-image, as well as to other legislation which applies.
2 there will be no stamp issues representing events or celebrate anniversaries of events with less than twenty-five years old, nor is reiterarán relating to such events or anniversaries emissions until twenty-five years have elapsed from the previous.
3 shall comply with the recommendations of the code of ethics of the Universal Postal Union.
Article 15. Requests for emissions.
1. any person, physical or legal, public or private, may request, through the Secretariat of the philatelic State Commission, the issuance of a mail or sign of postage stamp.
(2) a request shall be, as a minimum, twelve months before the proposed date, if any, for issuance. Exceptionally, attending the circumstances unique that invoke the applicant, may be accepted requests submitted with less advance.
3. not is will take in consideration them reiterations of requests denied until have elapsed at least three years from the date of the previous application. Exceptionally, may be analyzed by the Commission the reiterations of requests denied when is relied on concerned new reasons that it therefor.
4. in all case, the operator that has entrusted the provision of the service postal universal will propose a relationship of emissions of seals to the Commission philatelic of the State that give response to the needs of the collecting.
Article 16. Program annual of emissions of stamps of mail and other signs of postage.
(1. the elaboration of the program annual of emissions of seals is adjust to the following standards: to) the number annual of emissions of seals and others signs of postage, except decision of the President, not exceed of 90.
(b) the program must contain fixed emissions and multi-year series. In addition new series defined by the Commission, the ephemeris and current issues, and requests that the Commission agrees to attend be included in the program.
(c) the program must collect, for each issue, its name and, where appropriate, the reason for the request.
2. the annual programme of emissions of stamps and other signs of postage will be authorized by a joint resolution of the undersecretaries of development and economy and finance.
3. the operator who has entrusted the provision of the universal postal service will propose the dates of entry into service of the emissions included in the program.
Article 17. Authorization of emissions.
1. emissions of postage stamps and other signs of postage will be authorized by a joint resolution of the undersecretaries of development and economy and finance.
This joint resolution shall contain, at least, the following: a) date of issue, denomination of the series or series, description of the seal or seals and other signs of postage, procedure of printing, type of paper, teeth in his case, format and size, postal value, colors and number of effects on spread and Chuck.
(b) date of the putting into circulation, term of distribution to point of sale and, where appropriate, the expiry date.
(c) the number of stamps that will be reserved for promotion of Philately to the philatelic Commission of the State, having entrusted the provision of the universal postal service operator, 'Postal of the State' Museum and the Museum of the Royal Mint.
(d) the destination to be given to the material used for the printing of stamps once unused.
2. only they shall be regarded as postage stamps and other signs of postage, those that have been issued pursuant to the joint resolution of the undersecretaries of development and economy and finance approved their issuance.
Article 18. Design and manufacture of emissions.
1 corresponds to the operator who has entrusted the provision of the service universal postal propose the design, size, printing process, type of paper, barbed in his case, format type of adhesiveness, face value, colors, number of effects in specifications, and other general characteristics, as well as Chuck seals and other signs of postage and order the manufacture of corresponding emissions.
2. for this purpose, the quoted operator may get to agreements with entities public or private for the manufacturing of them seals of mail and others signs of postage, of conformity with it established in the law 30 / 2007, of 30 October, of contracts of the sector public, as well as in the law 31 / 2007, of 30 of October, on procedures of recruitment in them sectors of the water , the energy, the transport and the services postal. For this this operator will attend to criteria of capacity technical, of security in it manufacturing, deposit and custody of them effects, of quality artistic of them designs as well as to them conditions economic of it manufacturing and of them services complementary that must provide is in such agreements consist them conditions and the procedure for the disablement or destruction of the material used for the printing.
3 corresponds also to the operator that the postal service has assigned universal authorizing the reproduction of the image of seals and other signs of postage, as well as the conditions where such reproduction is carried out.
Article 19. Duty to collaborate.
1. all actors involved in the process of issuing stamps and other signs of postage will be made available the philatelic Commission of the State much information requested to fulfill its responsibilities.
2. the operator who has entrusted the provision of the universal postal service authorisations which carried out special commemorative postmark and first day of circulation the philatelic Commission of the State will inform and assist in acts of submission of emission of postage stamps and other signs of postage.
First additional provision. Museum «A postcard of the State».
1. by order of the Minister of the Presidency, a joint proposal of the Ministers of development and finance, within the period of one year from the entry into force of this Royal Decree, will be created, attached to the Ministry of public works, the Museum «A postcard of the State».
2. in the above order will be determined the personal media and materials that should be subject to the operation of the Museum, which will be transferred by the State society Correos y Telégrafos, S.A., as well as mechanisms for coordination with the Museum of the Royal Mint.
Provision additional second. Suppression of the programming Committee on emissions from seals and other signs of postage and destination of the existing documentation prior to the entry into operation of the philatelic Commission of the State.
The programming Committee on emissions of stamps and other signs of postage is deleted.
The Secretariat of it mentioned Commission of programming will deliver to the Secretariat of the Commission philatelic of the State, through the Subdirectorate General of regime Postal, all it documentation existing, physical and electronic, required for the normal development of their functions.
Third additional provision. Seals custom.
By resolution joint of the undersecretaries of promotion and economy and Hacienda is establish them conditions of emission and of provision of the service of seals custom.
Provision additional fourth. Relations between the operator responsible of the delivery of the service postal universal and the entity public business factory national of currency and timbre-real House of the currency.
Them relations between the operator postal that have entrusted the provision of the service postal universal and the factory national of currency and timbre-real House of the currency, is established, in its case, through them corresponding business legal, attending to the regime applicable to them entities members of the Sector public State, must be referred to the Commission philatelic of the State.
Also, at the time of the Constitution of the philatelic Commission, they shall refer to the same, agreements, programs of manufacture and, in general, collaborative relationships that were in force between the two entities to the entry into force of this provision.
Sole repeal provision. Repeal legislation.
Repealed the Royal Decree 741/1981, dated 10 April, which regulates the competence for postage stamps, the order of Presidency of the Government, on September 11, 1981, on the composition and functioning of the Commission's programming of emissions of stamps and other evidence of postage, the order of the Ministry of finance, on March 4, 1974 on authorization for the reproduction of postage stamps Spanish fair and many other provisions of equal or lower rank are opposed, contradict or are incompatible with the provisions of this Royal Decree.
First final provision. Adaptation of the composition of the Commission.
The composition of the philatelic Commission of the State may be amended by order of the Minister of the Presidency, a joint proposal of the Ministers of development and finance, without that you can increase the number of members.
Second final provision. Skill-related title.
The present Royal Decree is issued under cover of the jurisdictional title referred to in article 149.1.21. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of post.
Third final provision. Enabling the policy development.
Development and Finance Ministers is authorized to dictate how many provisions necessary for the implementation and development of the provisions of this Royal Decree.
Available to finish fourth. Lack of increase in public spending.
The Organization and functioning of the philatelic Commission of State does not imply increased public spending, and will be staffed with the personal, technical and budgetary resources allocated to the Secretariat for promotion.
Fifth final provision. Entry in force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid on November 14, 2011.
JUAN CARLOS R.
The Minister of the Presidency, RAMÓN JÁUREGUI ATONDO