Reglamento de Régimen Interior CZFB PDF

# Reglamento de Régimen Interior del Consorcio de la Zona Franca de Barcelona ## Capítulo I - Organización General - **Article 1.** The Consorcio de la Zona Franca de Barcelona is responsible for governing and administering the Zona Franca de Barcelona. It is also in charge of planning, ordering,...

# Reglamento de Régimen Interior del Consorcio de la Zona Franca de Barcelona ## Capítulo I - Organización General - **Article 1.** The Consorcio de la Zona Franca de Barcelona is responsible for governing and administering the Zona Franca de Barcelona. It is also in charge of planning, ordering, and industrial urbanization of all the lands that make up its patrimony. - **Article 2.** The governing bodies of the Consorcio are the Pleno and the Comité Ejecutivo, which are composed and described in articles 1, 12, and 13 of the Estatuto. The Consorcio will have a Secretaría General and administrative, technical, and legal departments. ## Capítulo II - Constitución y Renovación del Consorcio - **Article 3.** The following procedures will be followed when renewing the Vocales of the Consorcio, either due to the expiration of their term or some other circumstance. - Two months prior to the date of partial renewal of the Consorcio (as stipulated in Article 3 of the Estatuto), the Secretaría General will inform the affected entities of the upcoming renewal, reminding them of the necessity of electing or appointing replacements for the Vocales who will cease. - The Secretaría General will perform the aforementioned procedure with regards to vacancies generated up to three months prior to the next statutory renewal. - Delay in appointing new Vocales will not prevent the holding of sessions. Agreements made in these sessions will have full validity, according to Article 14 of the Estatuto. - **Article 4.** Representatives of entities will take possession of their positions within one month of their appointment. - Prior to this, the Consorcio will review the credentials presented and assess the suitability of the appointees. - Those who do not meet the conditions stipulated in the Estatuto, or who are deemed ineligible, will not be granted possession. - In such cases, the Consorcio will inform the entity concerned so that they can proceed to appoint a new representative. - **Article 5.** The position of Vocal is incompatible with any direct or indirect participation in works or contracts executed with the funds of the Consorcio, or in companies and entities related to the installation of the Zona Franca or its operation. - The position of Vocal is also incompatible with the receipt of salaries or other emoluments directly from the Consorcio. - Once the Pleno has deemed that these incompatibilities exist, they will lead to the immediate cessation of the individual in the relevant position. - **Article 6.** Absence of a Vocal without justification from three consecutive meetings or from more than one-third of those held in the year by the Pleno or the Comité will be considered a resignation from the position. This will be declared by the Pleno at the proposal of the Comité. - **Article 7.** The extraordinary cessation of a Vocal, whatever the cause, will be notified immediately to the entity that appointed them. The entity will appoint a new representative as soon as possible. - **Article 8.** The mandate of Vocales appointed under the previous article will last for the duration stipulated in the Estatuto. The time served by the predecessor will not be counted for these purposes. - **Article 9.** The first session following each statutory renewal will be used to appoint the Comité Ejecutivo, in accordance with Article 12 of the Estatuto. - This will be done by secret ballot, each of the following being elected separately: the Vocales concejales, the representatives of the State, and the Vocal representing the rest of the entities. - **Article 10.** The two Vocales responsible for auditing, as established in Article 13 of the Estatuto, will be elected in the same session by secret ballot. - In the case of a tie, a draw will decide the matter. However, the election will be waived if all members agree to the appointment by acclamation. ## Capítulo III - De la Presidencia and del Delegado Especial del Estado - **Article 11.** The position of Presidente of the Consorcio corresponds to the Alcalde of the City of Barcelona. - The Presidente will be the legal representative of the Consorcio. - The duties of the Presidente are as follows: - Convene the meetings of the Pleno and establish the agenda. - Chair, suspend, and end sessions; direct deliberations; submit matters to a vote; remove matters from the agenda; and decide ties with a casting vote.. - Propose motions on specific issues. - Present any matters that the Presidente considers of interest for the Consorcio. - Perform any duties assigned by laws and the Estatuto of the Consorcio. - **Article 12.** The Delegado Especial del Estado will represent the Government. This position will be filled by decree of the Ministry of Finance, and the individual will have the duties and obligations specified in current legislation. - As Vice-Presidente of the Consorcio and Presidente of the Comité Ejecutivo, the individual will be responsible for the following: - Stand in for the Presidente in their absence or illness. - Chair meetings of the Comité Ejecutivo, with the same powers as the Presidente of the Pleno, as outlined in the previous article. - Act as the legal representative of the Consorcio in judicial and extra-judicial matters, in the absence of the Presidente and with prior authorization from the Comité Ejecutivo, following Article 13 of the Estatuto. - Chair all committees and working groups formed within the Consorcio. - Carry out the decisions of the Pleno and the Comité Ejecutivo and ensure that they are met. - Oversee accounting and cash records. - Authorize payments of the Consorcio. - Inspect income collection. - Direct all services, proposing and developing initiatives that align with the objectives of the Consorcio. - Authorize the acquisition of any items needed for the services of the Consorcio, informing the Comité Ejecutivo of any significant purchases. - Perform any duties delegated to the Presidente by the Comité Ejecutivo from among those within its competence. - In general, carry out all responsibilities of an administrative and managerial nature for the Presidencia of a board of directors. - **Article 13.** The Delegado Especial del Estado will directly oversee the Secretary General and all staff members of the Services of the Consorcio. This includes: - Issuing appointments and credentials for personnel. - Granting possession of positions and leaves of absence to staff, complying with the relevant regulations. - Defining the procedures and schedules for office work. - Supervise and approve (as required), the organization, order, and distribution of work, and addressing any shortcomings by staff. - Authorize payroll for staff and the expenses for which staff members are required to incur in fulfilling their duties. - Review and approve (as required) proposals on amendments to the staffing structure of the Consorcio’s workforce. - **Article 14.** In the event of the absence or illness of the Delegado, the representative from the State appointed by the Comité Ejecutivo will stand in. - The Delegado can always delegate to the Vocal representing the State those duties related to accounting and cash records that are deemed necessary by the Delegado, informing the Comité Ejecutivo of this delegation. ## Capítulo IV - El Consorcio en Pleno - **Article 15.** The duties, which according to Article 13 of the Estatuto are the responsibility of the Consorcio en Pleno, will be carried out through meetings convened by the Presidencia. - **Article 16.** The Consorcio en Pleno will meet in ordinary session every six months. Extraodinary sessions will be convened at the request of the Presidencia or of five Vocales. - **Article 17.** The Secretariat will issue notices of ordinary sessions at least four days in advance of the scheduled date, including the agenda. - Notices of extraordinary sessions will be issued with as much notice as possible, but at least 24 hours in advance, specifying their nature and including the agenda, on which alone deliberations and decisions can be made. - **Article 18.** For a first-call session to take place, the quorum established in Article 43 of this Regulation must be met. - If this number of attendees is not reached, a second-call session will be announced immediately in writing to be held within the following two days. - The same procedure will be applied for any further meetings that may be deemed necessary. - **Article 19.** The Secretary General will produce minutes of each session of the Pleno, recording the statements of the attendees and the full decisions made. - **Article 20.** Once a session has ended, the minutes will be signed by the Secretary General and the Presidente. - The minutes will be kept in the corresponding book kept by the Secretary, with any changes made at the request of any Vocal that the Pleno deems necessary being added to the minutes. - Any new agreement will be noted in the minutes of the session in which it is made. - **Article 21.** Once the previous article has been complied with, the Secretary General will, at the instruction of the Presidencia, present ordinary business, including: - 1. Correspondence and communications from the Government and other authorities; from corporations and individuals; and from Vocales; of which the Presidente has decided to inform the Pleno. - 2. Correspondence and communications from Vocales. - **Article 22.** Once ordinary business has been concluded, the order of the day will be addressed in the following manner: - 1. A list of those decisions made by the Comité Ejecutivo that are presented to the Pleno for consideration. - 2. Matters for which a proposal for a decision has already been prepared. - These will be addressed in the order in which they appear on the order of the day. - 3. Any other matters listed in the order of the day. - **Article 23.** Once the order of the day has been addressed, proposals from Vocales will be read, presented in the manner outlined in this Regulation and for the purposes stipulated in Articles 36 and 37 of the Regulations. - A fifteen-minute period will then be set aside for requests and questions, during which Vocales can make any they deem appropriate. - This time period can be extended upon a vote by the Pleno at the initiative of the Presidente. - **Article 24.** If all matters listed in the agenda cannot be addressed in a single session, the Presidencia may decide for the meeting to continue on the following business day or subsequent days if necessary. - This will not require the issue of new written notices. - **Article 25.** No Vocal may speak unless granted permission by the Presidente, either on their own initiative or at the request of another Vocal. - **Article 26.** No Vocal may speak more than once during the discussion of any matter, except to answer a question or to correct the account of their statements or concepts that have been attributed to them. - Each intervention may not last longer than five minutes. - **Article 27.** Despite the aforementioned article, a Vocal will be given the floor a second or further time if they are the only person defending a specific point of view, after others have been given the floor to present opposing views. - **Article 28.** Only the Presidente, in the exercise of their duties, may interrupt a Vocal that is speaking. - **Article 29.** Once the Presidencia has declared that a point has been sufficiently discussed, and before voting begins, Vocales may request to speak by saying "for voting," in order to briefly make any clarifications or explanations they deem necessary. - After voting has taken place, Vocales can also ask to speak to explain their votes. - **Article 30.** Any Vocal has the right to have their vote recorded, providing this request is made before the end of the session in which a decision is made. ## De los Debates - **Article 31.** The Consorcio will not address any matter in its sessions that has not been subject to the opinion of the Comité Ejecutivo or of a working group that has been formed for specific reasons. - This does not apply to matters covered by a specific provision of these Regulations; those covered by ordinary business; questions and interpellations from Vocales; decisions of mere formality; and motions from the Presidencia. - **Article 32.** The Presidencia can declare a point sufficiently discussed if two rounds of speeches in favor and two rounds of speeches against have taken place. - **Article 33.** When a matter is subject to discussion, and no-one is requesting to speak, a vote will be taken. - **Article 34.** The Presidente can give their opinion during any discussion without relinquishing the position, and defend motions that they wish to put forward. - **Article 35.** If a Vocal wishes to submit a proposal to the deliberation of the Comité Ejecutivo or the Pleno, they must present it to the Presidente 48 hours in advance of the meeting. - This is to allow the Presidente time to consider the importance of the matter, and if necessary, for the Comité Ejecutivo to review the proposal. - **Article 36.** After every proposal has been read, the proposer, or one of the proposers, may speak in favour of it, and without opening debate, the Consorcio will decide whether or not to consider the proposal. - If the Consorcio decides to do so, the proposal will be referred to the opinion of the Comité Ejecutivo or, if more appropriate, to a special working group set up for the purpose and appointed by the Presidencia. - Once a report has been produced, a meeting of the Consorcio will be convened to debate the proposal. - **Article 37.** Notwithstanding the previous article, if the Consorcio believes that a proposal is urgent it can be debated in the session in which it is read. ## Cuestiones Previas, Incidentales, y de Orden - **Article 38.** At the beginning of the review of any matter, any Vocal can raise preliminary questions concerning it. - This can be done regardless of whether the Pleno decides to consider them. They will be given the floor briefly to make their case and similar procedures will be followed for any incidental or procedural questions. ## Propuestas, Ponencias, and Dictámenes - **Article 39.** The Pleno can appoint special working groups to study specific matters. Their reports will serve as a basis for discussion and, if required, for decisions.. - **Article 40.** If the Pleno does not accept a report in whole or in part, it will decide whether to refer it back to the working group for further study or to appoint a new working group. - In the first instance, the working group will present a new report taking into account the views expressed in the Pleno. - **Article 41.** Any dissenting opinions from those of the majority will be debated and voted on before the reports of the majority. - If there are several dissenting opinions, they will be dealt with in reverse order, beginning with the one that most deviates from the proposal or point in question. - **Article 42.** The Pleno cannot appoint working groups to study matters within the exclusive competence of the Comité Ejecutivo. - However, if the importance of a matter demands it, the Comité Ejecutivo can appoint working groups, even from among individuals who do not sit on the Comité Executive. - If the Comité Executive accepts a report in its entirety or with amendments, it will be passed on to the Pleno for approval where appropriate. ## De los Acuerdos - **Article 43.** A quorum of one half plus one of the Vocales is required for decisions to be made validly in first-call sessions. - In second-call sessions, decisions can be made with any number of Vocales present, while in extraordinary sessions, two-thirds of the Vocales must be present. - No meeting can take place without the presence of the Presidente and the Secretary General, or of those who legally stand in for them. - Decisions can be made unanimously or by majority vote. In the case of a tie, the Presidente will decide. - **Article 44.** Decisions of the Pleno will be implemented immediately, unless it is specified that they will be carried out only once the relevant minutes have been approved. - For this purpose, a note will be made of the decision in the relevant file, signed by the Secretary General and bearing the approval of the Presidente. - **Article 45.** Decisions of a confidential nature will appear in a special book of minutes of secret decisions. - This book will be signed by the Presidente, a Vocal of the Comité Ejecutivo, and the Secretary of the Consorcio. - **Article 46.** If the number of Vocales outlined in Article 43 is not present, a record will be made of the agenda and the names of those present. - The session will be considered to have taken place for the purposes of Article 6. ## Capítulo V - Del Comité Ejecutivo - **Article 47.** The Comité Ejecutivo, elected in accordance with Article 18 of the Estatuto, will constitute itself within eight days of their appointment. - The first task of the Comité Ejecutivo will be to select the Vice-Presidente, who must be a representative of the State. - The Comité Executive will then decide on the number of ordinary meetings to be held each month. - The Presidente can convene extraordinary meetings as often as they deem necessary based on the importance of the matters under discussion, or at the request of two Vocales. - **Article 48.** The Secretariat will issue notices of meetings of the Comité Ejecutivo with at least two days notice, accompanied by the relevant agenda. - **Article 49.** The Comité Ejecutivo can meet and make decisions validly, providing at least three of its members are present for the first-call meeting and two for the second-call. - In all cases, the Presidente and Secretary General, or their legally appointed replacements, must also be present. - If more than two members are unable to attend a first-call meeting, the meeting can still take place, and decisions can be made on those matters for which the other members have provided their views in writing, authorized by their signatures. - These written opinions will be considered equivalent to votes cast in person, and the document will be attached to the minutes. - **Article 50.** The Comité Ejecutivo will make its decisions unanimously or by a majority vote. In the case of a tie, the Presidente will decide. - **Article 51.** The Secretary General of the Consorcio will act as the Secretary of the Comité Ejecutivo, keeping a separate book of minutes for its meetings. ## Capítulo VI - Del Secretario General - **Article 52.** The Secretary General will produce minutes of meetings of the Pleno and the Comité Ejecutivo, recording the decisions made faithfully. - Under the immediate supervision of the Presidente of the Comité Ejecutivo, the Secretary General will have the following duties: - Manage all staff of the Services of the Consorcio, making recommendations to the Presidencia of the Comité Ejecutivo on matters deemed appropriate, and taking immediate action on any issues related to staff discipline, organization, and operation, as deemed necessary, informing the Presidente of the Comité Ejecutivo. - Submit proposals for the organizational structure and operation of the Consorcio’s Services, staff allocation, and the order of work to be done to the Presidente of the Comité Ejecutivo. - Submit proposals for the granting of leave, awards, distinctions, and for the imposition of disciplinary sanctions to the Presidency of the Comité Ejecutivo. - Provide information on matters that must be referred to the Pleno, the Comité Ejecutivo, or their respective Presidencies, or on any other matter that requires it, or with regard to which the Presidencia of the Consorcio or the Comité Ejecutivo consider information necessary. - Fulfill, under the direct supervision of the Presidente of the Comité Ejecutivo, all decisions made by the Pleno, the Comité Ejecutivo, and their respective Presidencies. - Oversee the reports, proposals, and other documents of the heads of the Services, as well as requests from staff, reporting on these matters to the Presidente of the Comité Ejecutivo. - Authorize payments for minor expenses as determined by the Presidente of the Comité Ejecutivo, prepare proposals for the acquisition of equipment and materials of any type, and for payments related to these acquisitions. - Direct the work of advisory groups composed of heads of the Services and individuals outside the Consorcio, as Vice-Presidente, filling the position of President in the absence of the Presidente of the Comité Ejecutivo. - In general, manage the executive activities and Services of the Consorcio under the direct supervision of the Presidente of the Comité Ejecutivo and by delegation from the same. - **Article 53.** The Vocales responsible for auditing must: - Review and verify accounts and payments made on a monthly basis, and whenever deemed necessary. - Review and audit annual accounts and the relevant report. ## De la Asesoría - **Article 54.** In accordance with Article 52 of this Regulation, the Secretary General will be responsible for providing general legal advice to the Consorcio on any matter that must be referred to the Pleno, the Comité Ejecutivo, or their respective Presidencies, as well as on any other matter that the same entities agree to. - Without prejudice to the functions specifically assigned to the Consorcio’s legal department, the Secretary General will also provide advice to the governing bodies, their respective presidencies, and the advisory groups set up by the Secretary General; to the heads of the Services, on matters relevant to their work; and to outside individuals, as deemed necessary, who will be appointed by the Presidente of the Comité Ejecutivo. - The Presidency of these advisory groups will be taken by the Presidente of the Comité Ejecutivo and the Vice-Presidency by the Secretary General. - The head of the Legal Department will also be part of all advisory groups and act as Secretary. - The heads of the Services, in addition to providing written reports on the matters for which they are responsible, will provide verbal reports to the Pleno and the Comité Ejecutivo when instructed by the Presidente, either on their own initiative or at the request of a Vocal. - **Article 55** The Consorcio can request advice from outside individuals or bodies on any matters that require this due to their specific nature and importance. ## Capítulo VII - Servicios de Contabilidad y Tesorería - **Article 56.** The services of accounting and treasury will be managed by the head of the accounting service and the depository of the Consorcio, assisted by a team of staff. - In accordance with the agreement of the Pleno of 19 May 1929, when this position is unfilled or when deemed appropriate by the Pleno, the Comité Ejecutivo, or the Delegado Especial del Estado, the Secretary General will assume these responsibilities. - The duties of the head of these services are as follows: - Establish a detailed accounting system, carefully differentiating the operations and financial resources related to the extraction of sand and other income, so that they can be readily analyzed. - Adapt the accounting operations to the method approved by the Consorcio in order to meet its needs. - Review and safeguard the documents on which accounting records are based, verifying signatures and making the necessary records. - Keep and maintain the accounting and subsidiary books in a proper manner, making clear the operations performed, the basis for their entry, and the relevant supporting documents. - Prepare the annual accounts and settlements that must be presented to the Comité Ejecutivo and the Pleno. - Sign, together with the Presidente of the Comité Ejecutivo, payment orders and credit entries for income. - **Article 57.** The head of the accounting service will attend audits, reviews, and the verification of books, recording this in the appropriate book and signing the corresponding minutes. - This record will be signed jointly by the Presidente of the Comité Ejecutivo and Vocales responsible for auditing. - The depository will attend cash audits and sign the relevant minutes. - **Article 58.** Funds of the Consorcio will be held by the depository. - However, securities will be held by the branch of the Bank of Spain or by other banking institutions. - Payments will be made by the depository, following instructions signed by the Presidente of the Comité Ejecutivo, the auditor, and the Secretary General. - The Presidente can delegate the issue of payment instructions to the Secretary General where deemed appropriate. - **Article 59.** Whenever instructed by the Presidente, or as agreed by the Pleno or the Comité Ejecutivo, and at least once a month, a balance of funds will be performed. - This will involve examining and verifying books, balances, and deposits. ## Capítulo VIII - Presupuestos and Cuentas - **Article 60.** The Consorcio’s budgets can be general and ordinary, or special and extraordinary. - General and ordinary budgets will be a breakdown of the economic needs of the Consorcio for the year and of the income that will cover these needs. - This information will be presented in a clear way, separately listing all ordinary and administrative costs, and capital or investment costs, through an ordered breakdown of chapters, articles, items, and sub-items. - This will be broken down into a budget of expenses and a budget of income. - Special and extraordinary budgets will be drawn up when specific projects not included in the ordinary budget need to be undertaken during the financial year. - Alternatively, they can be drawn up when, in the view of the Comité Ejecutivo, it is deemed appropriate to plan ahead for such projects to ensure that the objectives of the Consorcio are achieved. - **Article 61.** General and ordinary budgets will run from 1 January to 31 December each year. - Special and extraordinary budgets will run for the period specified by the Comité Ejecutivo. - **Article 62.** General and ordinary budgets will be drawn up annually by the Comité Ejecutivo and submitted to the Pleno of the Consorcio one month in advance of their proposed implementation date. - The Pleno must approve them before this date, and they will be valid until the end of the financial year. - **Article 63.** General and ordinary budgets must be adjusted to the resources or income available and expected during the financial year. - This applies to any income, regardless of origin, in relation to the resources of the Consorcio. - In addition to income from patrimonial resources, income from the sale of investments, either income-generating or not, will be considered. - If the available resources are deemed insufficient to meet budgetary needs, the Consorcio will inform the City Council of Barcelona in a timely manner, for the purposes of Article 22 of the Estatuto. - Any surplus at the end of the financial year, after all buildings and installations have been completed and costs covered will be used in the manner outlined in Article 21 of the aforementioned Estatuto. - **Article 64.** Special and extraordinary budgets will be drawn up by the Comité Ejecutivo when the circumstances warrant their formation and will be submitted to the Pleno of the Consorcio for approval one month before they are to be implemented. - Special and extraordinary budgets will not have fixed terms or periods of validity, and will last only as long as the projects they are designed to cover. - When presenting special and extraordinary budgets, funding will be allocated. - **Article 65.** Within two months after the end of the financial year, the auditor will submit to the Comité Ejecutivo, the accounts of the relevant budgets with the relevant settlements and supporting documents for income and expenses. - These will be verified against the records of the accounting department. - **Article 66.** The Comité Ejecutivo will refer these documents for review by the Vocales responsible for auditing and will submit a proposal of approval to the Consorcio, including, where appropriate, a brief report on the economic situation of the Consorcio. - **Article 67.** Once the accounts have been approved, a budget settlement will be produced. - This will be sent to all entities that form part of the Consorcio, for their information. - **Article 68.** An inventory of the tangible and intangible assets, as well as of the credit and debts of the Consorcio, will be prepared each year. - **Article 69.** The net income of the Consorcio for each financial year will be determined as the income generated by exploitation of the Zona Franca, extraction of sand, interest income from the Consorcio’s assets, and other income, less all salaries, emoluments, and expenses for employees, representatives, advisors, and commissioners; rents; and other costs necessary for the good operation of the Consorcio.