CNMC (Comisión Nacional de los Mercados y la Competencia)

The Spain’s National Authority for Markets and Competition (CNMC), the new independent authority in charge of both competition and regulatory matters in Spain, was established by Law 3/2013 of June 4, 2013.
The CNMC, which became operational in October 7, 2013, merges the horizontal antitrust authority with the independent sector-specific NRAs in the fields of electronic communications, audiovisual, energy, postal and transport (railway and airport) regulation.
CNMC is fully independent from the Government, Public Administration and market players, has organizational and functional autonomy and is subject to judicial and parliamentary control.

CNMC is aimed at guaranteeing, preserving and fostering the correct operation, transparency and effective competition throughout all productive sectors and markets in Spain, to the benefit of users and consumers. Its main legal duties are:

As to the audiovisual sector, CNMC shall supervise and control the proper functioning of the audiovisual communication market. In particular, it shall perform the following functions:

a) Monitor compliance by providers of the state-wide television communication service, and other providers to which they apply, of the obligations relating to the annual broadcasting of European productions and the advance financing of this type of production in accordance with the provisions of Article 5 of Act 7/2000 of 31 March, the General Audiovisual Communication Act.

b) Monitor compliance with the obligations to ensure transparency in audiovisual communications as set out in Article 6 of Act 7/2010 of 31 March.

c) Monitor compliance with the obligations to enforce the rights of children and persons with disabilities in accordance with the provisions of Articles 7 and 8 of Act 7/2010 of 31 March. In performing this function, the Commission shall coordinate with the competent ministerial department for gaming about its competences in the field of advertising, sponsorship and promotion of gambling activities, in order to enforce the rights of children and people with disabilities.

d) Monitor the suitability of audiovisual content in light of current legislation and codes of self-regulation in the terms set out in Article 9 of Act 7/2010 of 31 March.

e) Ensure compliance with the self-regulatory codes on audiovisual content and verify that these codes conform to current legislation, under the terms established in Article 12 of Act 7/2010 of 31 March.

f) Monitor compliance with the obligations, prohibitions and restrictions on the exercising of the right to undertake audiovisual commercial communications imposed by Articles 13 to 18 of Act 7/2010 of 31 March.

g) Monitor compliance with the obligations and limitations imposed on the exclusive contracting of audiovisual content, the broadcasting of content included in the catalogue of events of general interest and the sale of exclusive rights to regular Spanish football matches, under the terms set out in Articles 19 to 21 of Act 7/2010 of 31 March, without prejudice to the provisions of the twelfth additional provision of this Act.

h) Monitor compliance with the public service mission entrusted to service providers at the public broadcasting state level, and the suitability of the public resources allocated to it in accordance with the provisions of Title IV of Act 7/2010 of 31 March.

i) Ensure freedom of reception in Spanish territory of audiovisual services from providers established in a Member State of the European Union, taking the measures provided for in Article 38 of Act 7/2010 of 31 March when such services seriously and repeatedly infringe legislation to protect minors from audiovisual programming or contain incitement to hatred based on race, sex, religion or nationality.

j) Adopt measures to safeguard Spanish law in the event that a provider of television broadcasting services established in another Member State of the European Union aims its services wholly or mainly at Spanish territory, and has established itself in that Member State in order to circumvent the more stringent Spanish rules, in accordance with the procedure laid down in Article 39 of Act 7/2010 of 31 March.

k) Make decisions on the non-advertising nature of public service announcements or those of a charitable nature, upon request from the interested persons, in accordance with the terms set out in the seventh additional Provision of Act 7/2010 of 31 March.

l) Carry out such other functions as may be assigned to it by Law or Royal Decree.

CNMC is composed by two governing bodies – the Board and the President – and 4 Directorates.

The President is the Commission’s legal and institutional representative, responsible for directing, coordinating, evaluating and supervising the proper functioning of the activity of the institution. The Board is the collective decision-making body that provides strategic direction for CNMC by approving annual or multi-year action plans and defining objectives and priorities. It is the main statutory instrument of regulation with a fundamental role in the effective implementation of the duties assigned to CNMC. The Board also oversees the execution of CNMC’s budget and appoints the executive staff. It is composed by ten members – President, Vice-President and eight members of the Board. They are appointed by the Government, under the basis of a proposal by the Minister of Economy and Competitiveness, for a non-renewable six-year term. The Parliament has the right to veto the appointment of the proposed candidates, ensuring the democratic control and full independence of the Commission. The Board operates through a Plenary session and two Chambers, depending on the issue being addressed.

CNMC BOARD

President: Ms. Cani Fernández Vicién
Vice-President: Mr. Ángel Torres Torres

COMPETITION CHAIR :

Chair : Ms. Cani Fernández Vicién

Members:

Ms. María Ortiz Aguilar
Ms. María Pilar Canedo Arrillaga
Mr. Carlos Aguilar Paredes
Mr. Josep Maria Salas Prat

REGULATORY OVERSIGHT CHAMBER :

Chair:  Mr. Ángel Torres Torres

Members :
Mr. Mariano Bacigalupo Saggese
Mr. Bernardo Lorenzo Almendros
Mr. Xabier Ormaetxea Garai
Ms. Pilar Sánchez Núñez

All the members of the Board, with the exception of the President and Vice-President, shall rotate between the two chambers. The Board in Plenary session shall determine the allocation of the Board members, the frequency and the rotation schedule. The Plenary Board and the Chambers are legally supported by a Secretary, who provides legal advice and supervises the legality of the decisions taken.

The CNMC has four Directorates:

The Directorates are responsible of investigating, managing and preparing opinions and proposals to be presented to the Board for discussion and approval. They perform their duties independently of the Board.

The Directorate of Telecommunications and Audiovisual, in charge of dealing with audiovisual matters, is headed by Ms. Alejandra de Iturriaga.

Budget

Pursuant to Article 33.2a of Law 3/2013, CNMC’s budget is part of the General State Budget. Each year, the Commission shall adopt a draft limiting budget (in the sense that appropriations shall be considered as ceilings) to be submitted the Ministry of Finance and to be finally approved by the Parliament. Some of the sector-specific activities of CNMC are covered by taxes fees and charges from regulated entities.