Law 36/2010, of 22 October, of the Fund for the Promotion of Development, culminates the reform of the Development Assistance Fund and represents a fundamental advance in the Spanish policy of international cooperation for the development.

As of the entry into force of this Law, a new instrument is created, the Fund for the Promotion of Development (FONPRODE) dedicated exclusively to eradicating poverty, reducing inequalities and inequities The social dialogue between people and communities, as well as promoting gender equality, the defence of human rights and the human and sustainable development of impoverished countries. The creation of a Fund dedicated to international development and disassociated with other interests means to respond to a historical claim by Spanish society and, in particular, by non-profit entities specialized in cooperation. international for development.

The design of the FONPRODE also carries important innovations and advantages that will allow a more efficient and coherent management of the Official Development Assistance by the General Administration of the State. Of note:

-The coherence of the FONPRODE with the international development agenda, taking into account the recommendations of the OECD Development Assistance Committee in its successive evaluations of Spanish Cooperation.

-The incorporation of new tools, such as bilateral cooperation, programmatic assistance or financial cooperation, beyond the scope of microfinance.

-The full integration of the FONPRODE into the programming, management and evaluation cycle of international cooperation for Spanish development.

-The creation of the FONPRODE Office, within the framework of the Spanish Agency for International Development Cooperation.

-Progress in transparency and accountability, in the face of civil society and the General Courts.

The budget allocation of the FONPRODE will be entered annually in the laws of the General Budget of the State, through the budget of the Ministry of Foreign Affairs and Cooperation, which will be disbursed and transferred to the Official Credit Institute (ICO), the State's financial agent.

The fifth final provision of Law 36/2010, of 22 October, of the Development Promotion Fund enables the Government to approve, within one month of the entry into force of the Law, regulatory development of the FONPRODE, in order to supplement the Fund's regulation in such matters as the management of the Fund, the constitution, composition and functions of the Executive Committee of the Fund, the organic structure and functions of the FONPRODE Office, the studies social, gender or environmental impact or information to other departments of the Administration General of the State on operations authorized by the Fund.

The regulation that is approved by this royal decree consists of thirty-two articles structured in five chapters.

Chapter I provides for the general provisions of the FONPRODE, taking into account the purpose and nature of the Fund, as well as its principles of action.

Chapter II describes the operations that may be financed from the FONPRODE-State-to-State donations, contributions to International Institutions and Institutions, financial operations-expressly mentioning the type of actions excluded by the legislation in force. As regards repayable transactions, taking into account the novelty of this instrument as defined in Law 36/2010 of 22 October, it is envisaged to draw up a responsible funding code and a methodology of management, aimed at promoting sustainable development and the fight against poverty in the eligible countries.

Chapter III defines the Management Bodies of the Fund: the FONPRODE Office, the Executive Committee and the Institute of Official Credit, including a provision for collaboration with the General Administration of the Fund. State. In this scheme, the Executive Committee of the Fund, which is responsible for authorising the lifting of the proposals for operations to the Council of Ministers, plays an essential role.

Chapter IV regulates the procedure for the approval of operations, from the identification and assessment to the formalization and award of the same. In this area, the collaboration of the Network of Spanish Representations and Technical Offices of Cooperation in the outside is foreseen.

Finally, Chapter V is dedicated to the mechanisms of monitoring, evaluation and accountability.

On the other hand, this royal decree proceeds to make the necessary modifications to the AECID Statute to accommodate the Office of the Fund for the Promotion of Development, in accordance with the provisions of the Additional provision of Law 36/2010 of 22 October 2010 of the Fund for the Promotion of Development.

In this sense, the first provision of the royal decree reestablishes the Statute of the Spanish Agency for International Cooperation for Development, approved by Royal Decree 1403/2007 of 26 October, and, for its part, the Additional second and transitional provisions regulate the suppression of management bodies and the system of units and jobs with lower organic level than the Department, respectively.

This royal decree has been reported by the Government's Delegation for Development Cooperation and the Development Cooperation Council.

The legal basis of this royal decree is in the regulatory development ratings contained in Articles 2, 4, 8, 9 and the first provision, as well as in the aforementioned final disposal fifth of Law 36/2010 of 22 October of the Fund for the Promotion of Development.

In its virtue, on the proposal of the Ministers of Economy and Finance, of Territorial Policy and Public Administration and of Foreign Affairs and Cooperation, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 17 June 2011,

DISPONGO:

Single item. Approval of the Regulation of the Development Promotion Fund.

The Fund Regulation for the Promotion of Development is approved, the text of which is inserted below.

Additional disposition first. Amendment of the Statute of the Spanish Agency for International Cooperation for Development, approved by Royal Decree 1403/2007 of 26 October.

1. Article 6 of the Statute of the Spanish Agency for International Development Cooperation is worded as follows:

" Article 6. Instruments.

The Agency may develop the above functions through the modalities and instruments of cooperation included in the Spanish Cooperation Director Plan in force or in the current regulations, including the formulation, implementation and financing of cooperation programmes and projects, grant and award programmes, technical assistance to partner countries ' institutions, budgetary support and sectoral approaches, contributions to international bodies development, as well as multilateral and multi-donor funds and agency programmes international development, humanitarian action, grants to States, grants to non-governmental development organisations and other actors and entities promoting cooperation, implementation and support for actions related to the social awareness and education for development. It may also develop financial cooperation actions, including microfinance, in accordance with the provisions of the current regulations. "

2. Article 11.2 (c) of the Statute of the Spanish Agency for International Development Cooperation is worded as follows:

"(c) Exercise the top management of the Office of Humanitarian Action and the Office of the Development Promotion Fund."

3. Article 17.2 of the Statute of the Spanish Agency for International Development Cooperation is worded as follows:

" 2. Under the hierarchical dependency of the Agency Director there will be in Spain:

The Directorate of Cooperation for Latin America and the Caribbean;

The Directorate of Cooperation for Africa, Asia and Eastern Europe;

The Directorate of Sectoral, Gender and NGDO Cooperation;

The Directorate of Cultural and Scientific Relations;

The General Secretariat.

Their functions, referred to in their respective territorial, sectoral or functional areas, as laid down in Chapter II of this Statute for the Agency, are as follows:

a) It is for the Directorate of Cooperation with Latin America and the Caribbean to promote, manage and implement the public policies of international cooperation for development, aimed at the fight against poverty and achieving sustainable human development in the countries of Latin America and the Caribbean, without prejudice to the competences of other ministerial departments.

The head of the Directorate will direct and coordinate two departments: cooperation with Central America, Mexico and the Caribbean, and cooperation with the Andean countries and the Southern Cone.

b) It is the responsibility of the Directorate for Cooperation with Africa, Asia and Eastern Europe to promote, manage and implement the public policies of international development cooperation aimed at the fight against poverty and poverty. achieving sustainable human development in the countries of Africa, Asia and Eastern Europe, without prejudice to the competences of other ministerial departments.

The head of the Directorate will lead and coordinate three departments: cooperation with sub-Saharan Africa, cooperation with the Mediterranean and the Arab World and cooperation with Asia and Eastern Europe.

(c) It is the responsibility of the Directorate for Sectoral, Gender and NGDO Cooperation to promote, manage and implement the public policies of international cooperation for development in the sector and to ensure the coordination of the sectoral development policies with other development agencies, in close coordination with the competent bodies of the Ministry of Foreign Affairs and Cooperation, as well as representing the AECID in the relations on the subject establish with the various ministerial departments.

This Directorate will manage, implement and manage the Water and Sanitation Cooperation Fund created by the additional sexagesth provision of Law 51/2007 of December 26, of General State Budgets. for 2008, performing the functions established regulentarily.

In the exercise of its functions, the Water and Sanitation Cooperation Fund will act in collaboration with the Directorate General for Planning and Evaluation of Policy for the Development of the Secretariat of State for Cooperation International of the Ministry of Foreign Affairs and Cooperation and with the various departments with competence in the field of international cooperation policy for development, with respect to the provisions of Law 23/1998, of 7 of July, International Cooperation for Development.

The head of the Directorate for Sectoral, Gender and NGDO Cooperation will lead and coordinate three departments: the sector of sectoral and gender cooperation; the Non-Governmental Development Organizations (NGDOs) and the Cooperation Fund for Water and Sanitation.

d) Corresponds to the Directorate of Cultural and Scientific Relations to promote, manage and implement the public policies of cultural cooperation for development; the management of the cultural services of the AECID; the cooperation in the field of human capital training; university and scientific development cooperation; international relations and conventions in the cultural and scientific fields; and the powers conferred on the Ministry of Foreign Affairs and Cooperation for the promotion and development of cultural relations and Scientific cooperation with other countries, without prejudice to the competences of other ministerial departments.

The head of the Directorate will direct and coordinate three departments: the cooperation and cultural promotion, the university and scientific cooperation and the coordination of cultural and scientific relations.

e) It is for the General Secretariat to perform the functions related to the management and administration of human resources, including the training of human resources, the management of the economic and financial resources, logistics and materials, as well as procurement, organisation and production of regulations, advice, quality, inspection, archiving and registration, in close coordination with the competent units of the Ministry of Foreign Affairs and Cooperation, in order to provide the necessary support to the bodies and units of the Agency for the compliance with their functions.

The head of the General Secretariat shall direct and coordinate three departments: the human resources, reconciliation and general services; the economic, financial and budgetary management and the systems and technologies of the information. "

4. A new paragraph 3a is inserted in Article 17 of the Statute of the Spanish Agency for International Development Cooperation with the following wording:

" 3 bis. The Office of the Fund for the Promotion of Development, with the rank of Management, to which the administration of the Fund for the Promotion of Development corresponds in the terms established in Law 36/2010, of 22 October, of the Fund for the Promotion Development and its development regulations will be under the hierarchical dependence of the Agency's Directorate and under the strategic direction of the Presidency. The head of the head of the Office of the Development Promotion Fund shall coordinate the multilateral cooperation department and the financial cooperation unit. "

5. Article 17.8 of the Statute of the Spanish Agency for International Development Cooperation is worded as follows:

" 8. The head of the Agency's Directorate may delegate to the holders of the addresses of geographical, sectoral, gender and NGO cooperation, cultural and scientific relations, general secretariat, head of the Office of Action The Commission has also been responsible for the implementation of the programme for the promotion of development, management, coordination and dialogue on the structure of centres abroad. In this case, by delegation, the relationship between the headquarters of the AECID and the Technical Cooperation Offices, the Training Centres and the Cultural Centres will be carried out by the aforementioned directors and the heads of the offices of the Humanitarian action and the Fund for the Promotion of Development, which may send in the exercise of their functions in their respective fields, on behalf of the Agency's Directorate, communications and formal instructions addressed to the The coordinators of the TBT and the directors of training and cultural centres. "

6. Article 38.1 (a) of the Statute of the Spanish Agency for International Cooperation for Development is worded as follows.

" (a) In Spain, the head of the Directorate of Cooperation for Latin America and the Caribbean and those responsible for its two departments; the head of the Directorate of Cooperation for Africa, Asia and Eastern Europe; and those responsible for its three departments; the head of the Directorate for Sectoral, Gender and NGDO Cooperation and those responsible for its three departments; the head of the Directorate for Cultural and Scientific Relations and the responsible for its three departments; the head of the Office of Humanitarian Action and the head of the emergency and post-conflict department; the head of the Office of the Development Promotion Fund and the head of the multilateral cooperation department; the head of the general secretariat of the agency and those responsible for its activities; three departments and the head of the Technical Cabinet Directorate of the Director of the Agency.

The managerial positions for the geographical directors, director/s of cultural and scientific relations and secretary/general will be covered by career officials. The posts for the director/for sectoral, gender and NGDO cooperation and the heads of the Office of Humanitarian Action and the Office of the Development Promotion Fund shall be covered by employment contracts, by means of senior management among graduates, on the basis of criteria of professional competence and experience, and by means of a procedure to ensure merit, capacity and publicity.

The management posts for the following departments will be covered by career officials: the departments of the geographical addresses as a whole; the departments of the general secretariat in their all the departments of university and scientific cooperation and coordination of cultural and scientific relations; the department of cooperation of non-governmental organizations of development and the department of the Cooperation Fund for Water and Sanitation. He will also be covered by civil servant from the position of the Director of the Agency's Cabinet.

They will be covered by employment, by means of high-management contracts between higher university graduates, on the basis of criteria of professional competence and experience, and by means of a procedure that guarantees merit, capacity and advertising, the management positions of the following departments: emergency and post-conflict; gender and sectoral cooperation; multilateral cooperation and cultural cooperation and promotion. "

7. Article 38.2 of the Statute of the Spanish Agency for International Development Cooperation is worded as follows:

" 2. The Directorate-General for Cooperation for Latin America and the Caribbean; the Directorate for Cooperation for Africa, Asia and Eastern Europe; the Directorate for Cooperation for Latin America and the Caribbean; the Directorate for Cooperation for Latin America and the Caribbean; sectoral, gender and NGDO cooperation; the Directorate for Cultural and Scientific Relations; the Agency's General Secretariat; the head of the Office of Humanitarian Action and the head of the Office of the Development Promotion Fund. "

Additional provision second. Removal of management bodies.

The Directorate for Sectoral and Multilateral Cooperation is hereby abolished. References in the legal order to that Directorate shall be construed as being made to the Directorate for Sectoral, Gender and NGD Cooperation.

Single transient arrangement. Units and jobs with lower organic level than Department.

The units and jobs with lower organic level to the Department that are affected by the organic modifications established in this royal decree, will continue to remain. They shall be paid from the same budgetary appropriations until the relations of the posts adapted to those amendments are approved and the effective distribution of the budget appropriations is produced.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Powers of development.

The person holding the Ministry of Foreign Affairs and Cooperation is empowered to, after the necessary formalities have been completed, dictate how many rules and measures are necessary for the development and implementation of the provisions in the present royal decree.

Final disposition second. Entry into force.

This royal decree will enter into force the day after its publication in the "Official Gazette of the State".

Given in Madrid, on June 17, 2011.

JOHN CARLOS R.

The Minister of the Presidency

RAMON JAUREGUI STUNNED

FUND FOR DEVELOPMENT PROMOTION (FONPRODE) REGULATION

CHAPTER I

General Provisions

Article 1. Purpose and nature of the Development Promotion Fund.

1. The Fund for the Promotion of Development (FONPRODE) is an instrument for development cooperation, managed by the Ministry of Foreign Affairs and Cooperation, through the Secretariat of State for International Cooperation and the Spanish Agency for International Cooperation for Development.

2. The purpose of the FONPRODE is to eradicate poverty, to reduce inequalities and social inequalities between people and communities, gender equality, the defence of human rights and the promotion of human development. sustainable in impoverished countries.

3. The FONPRODE is a fund lacking legal personality as referred to in Article 2.2 of Law 47/2003 of 26 November, General Budget.

Article 2. Principles of action.

1. The set of initiatives under the FONPRODE will respect the objectives, guidelines and indications provided for in Law 23/1998 of 7 July of International Cooperation for Development, Law 36/2010 of 22 October of the Fund for the Promotion of Development, the Spanish Cooperation Director Plan and the Annual Plan of International Cooperation in force at each moment and other planning documents of the Spanish policy of international cooperation for development. They will also be consistent with the international agenda on development, especially with the Millennium Development Goals, and the fight against poverty and discrimination on the basis of gender or sexual orientation, religion, ethnicity, age, disability or any other form of social exclusion. In the case of reimbursable financing, the financial conditions and, where applicable, guarantees shall be established in accordance with the provisions of Law 38/2006 of 7 December on the management of external debt.

2. From the organic point of view, the coordination and coherence of the activity of the General Administration of the State in matters of international cooperation for development, in the set of initiatives under the FONPRODE, will be assured by the reinforced use of the mechanisms and bodies provided for this purpose by Law 23/1998 of 7 July, International Cooperation for Development, as well as through the Executive Committee of the FONPRODE provided for in Article 8 of the Law 36/2010 of 22 October of the Fund for the Promotion of Development and Article 16 of the present rules.

CHAPTER II

Action lines and bankable operations from the FONPRODE

Article 3. Financial operations.

1. The operations referred to in Articles 5 to 10 of this Regulation may be financed from the FONPRODE, not linked.

2. Similarly, technical assistance, feasibility studies, and -ante and -post of the programmes, as well as the annual implementation of the Fund in terms of ensuring its financial, economic sustainability, can be financed. social and environmental, valuing their contribution to the goals of development and promotion of human rights. The result of such technical assistance and consultation shall be public and accessible, in accordance with the legislation in force.

Article 4. Non-financial operations and limitations.

1. Expenditure arising from the purchase of equipment or supplies of military, police or dual-use equipment for armies, police or security forces or counter-terrorism services shall not be charged to the FONPRODE.

2. The appropriations, loans and financing lines referred to in Article 8 of this Regulation shall not be granted to States or to the public sector of countries qualified as Least Developed Countries for the financing of services. basic social.

3. The appropriations, loans and lines of financing referred to in Article 8 shall not be granted to the States or to the public sector of poor countries which are highly indebted. It is understood that a country is in this situation if, at the time when the FONPRODE Office produces the analysis provided for in Article 22, the last analysis of the sustainability of the debt made for that country by the Monetary Fund. International and the World Bank indicates that their situation is high or very high risk of the default of their external debt.

States and the public sector of countries that would have reached the culmination of the Highly Indebted Poor Countries (HIPC) Initiative will only exceptionally be eligible. of the appropriations, loans and lines of financing referred to in Article 8 where the Council of Ministers expressly authorizes it, on a proposal from the Ministry of Foreign Affairs and Cooperation, and after analysis by the Commission Government for Economic Affairs, which will make an assessment of the impact of the credit on the debt of the recipient country and the corresponding debt sustainability study carried out by the international financial institutions.

Article 5. Actions of a donation nature to States and the state public sector of developing countries.

1. The FONPRODE will be able to finance projects and programmes, strategies and modalities of programmatic support with a donation character.

2. The actions referred to in the previous paragraph must be framed in the priority sectors defined in the corresponding Plans of the Spanish Cooperation for the achievement of the development objectives agreed upon in the international agenda and, in particular, the Millennium Development Goals.

3. States and the state public sector of developing countries that meet the following requirements may be beneficiaries of these actions:

(a) Be qualified by the Development Assistance Committee of the Organization for Economic Cooperation and Development (OECD) as less advanced, low-income or middle-and-lower-income countries.

b) To be included in the geographical priorities established by the corresponding Spanish Cooperation Directors and Annual Plans for International Cooperation.

Article 6. Operations with multilateral non-financial development agencies.

The FONPRODE will be able to finance voluntary contributions and contributions to multilateral non-financial development agencies, including development trust programs and funds constituted or to constitute such bodies, which they compute as Official Development Assistance.

Article 7. Operations with International Financial Institutions for Development.

Can be funded from the FONPRODE the following operations with International Development Financial Institutions:

a) Contributions to funds made up of international financial institutions for development aimed at the satisfaction of basic social needs in developing countries, in the areas of health, education, access to drinking water and sanitation, gender, agriculture, rural development, food security, environmental sustainability and climate change.

b) Contributions to programmes and funds for impact assessment in the sectors identified in the previous paragraph.

c) Contributions to multi-donor funds managed or managed by international financial institutions and intended for specific countries in post-conflict or fragile situations.

Article 8. Loans, loans and financing lines.

1. Under the FONPRODE, loans, loans and financing lines may be granted in concessional terms not linked to the development of the social and productive fabric of the countries qualified by the Development Assistance Committee. of the OECD as less advanced, low-income or middle-income countries.

2. They may be beneficiaries of the appropriations, loans and financing lines to be financed from the FONPRODE:

(a) States of countries which, when qualified by the OECD Development Assistance Committee in one of the categories described in paragraph 1 of this Article, are within the geographical priorities established by the corresponding Directors of the Spanish Cooperation and the Annual Plans of International Cooperation.

b) Regional, provincial and local public administrations, and public sector entities of the countries described in the preceding paragraph.

3. The financial conditions and guarantees of these operations shall be in accordance with Articles 21 and 22.

Article 9. Micro-finance actions.

With the FONPRODE, the following micro-finance actions can be financed, for the improvement of the lives of vulnerable groups and the implementation of basic social development projects:

1. Approval of funding lines for the granting of microcredit and revolving credits.

2. Acquisitions of direct or indirect equity or quasi-equity holdings in financial investment entities or vehicles aimed at the promotion of micro-financial activities.

Article 10. Acquisitions of capital or quasi-equity in financial institutions and investment vehicles.

By FONPRODE, acquisitions of direct or indirect equity or quasi-equity in financial institutions or financial investment vehicles, such as funds, capital funds, or capital funds may be made. risk, private equity funds or seed capital funds, aimed at the development of the productive fabric of the countries qualified by the OECD Development Assistance Committee as less advanced, low-income or middle-income countries or support, direct or indirect, to small and medium-sized enterprises of origin of origin of the countries mentioned above.

Financial institutions or financial investment vehicles referred to in the preceding paragraph shall be among the potential recipients of their investments, projects or companies in countries or geographical areas included in the the geographical priorities set out in the corresponding Spanish Cooperation Directors and Annual Plans for International Cooperation.

In such cases, the financial conditions shall be in accordance with Articles 21 and 22.

Article 11. Strategic lines and guiding principles for repayable operations financed from the FONPRODE.

1. To ensure the contribution of the operations provided for in Articles 8, 9 and 10, as well as in Articles 6 and 7 in the case of repayable, to the promotion of sustainable development, gender equity and the fight against poverty the partner countries, in the terms defined by the Director Plan and the Spanish Cooperation planning documents in force, the Office of the Fund for the Promotion of Development will be guided by recognized and accepted standards internationally, while in effect.

These international standards and criteria to be adopted allude to the effect of operations in the following four areas: environment (precautionary principles and environmental prevention, environmental impact assessment). and environmental management system), human and labour rights (safety and hygiene at work, living wage, equal opportunities and non-discrimination), community relations and development (assessment and management of impacts in the community, payment of taxes, tax havens, job creation, local procurement, proportion of local managers, social action, generation of wealth and income, purchases from local suppliers) and measures against corruption and bribery (commitment to corruption and transparency).

These standards include, but are not limited to:

(a) the World Bank's Safeguarding policies and the revised policy and performance standards of the International Finance Corporation (IFC). These rules include cross-cutting issues relating to climate change, biodiversity conservation and natural resources, community involvement, human rights protection and gender equity.

b) The International Labour Organization (ILO) core labour standards.

c) The OECD Guidelines for Multinational Corporations, as a fundamental standard for the prevention of corruption and money laundering.

d) The Principles of the United Nations for Responsible Investment (PRI) and the work of the Special Representative of the Secretary-General of the United Nations on the issue of human rights and transnational corporations and other companies commercial.

2. For the same purpose, the Office of the Development Promotion Fund:

(a) Prepare and submit to the Executive Committee of the FONPRODE for approval within a maximum of three months from the entry into force of this Regulation, a responsible funding code, in which the principles will be adopted the general to be satisfied with each operation, as well as the conventions and standards mentioned above that will necessarily have to be contemplated in this type of operation. The Office of the Development Promotion Fund may also propose to the Executive Committee amendments or updates to the responsible funding code.

b) Propose to the Executive Committee of the FONPRODE the adoption of a management methodology for specific development results in the field of reimbursable cooperation. This methodology will make it possible to define a set of development indicators to assess the impact of development operations.

Article 12. Information on the actions of repayable cooperation.

Without prejudice to the presence on the Executive Committee of the FONPRODE of a representative of the Secretariat of State of Foreign Trade of the Ministry of Industry, Tourism and Trade, the Office of the Fund for the Promotion of Development will report annually to the Directorate General of Trade and Investments of the Secretariat of State of Foreign Trade of the Ministry of Industry, Tourism and Commerce as competent department in matters of support to the internationalization of the Spanish undertaking concerning the operations referred to in Articles 8, 9 and 10 of the present rules.

CHAPTER III

FONPRODE Management Organs

Article 13. Management of the FONPRODE.

The management of the FONPRODE, including the study, planning, negotiation and monitoring of operations under this responsibility, is the responsibility of the Ministry of Foreign Affairs and Cooperation, through the Secretariat of State of International Cooperation and the Spanish Agency for International Cooperation for Development, without prejudice to the powers that Law 36/2010 of 22 October of the Fund for the Promotion of Development attributes to other bodies and ministerial departments.

Article 14. The Office of the Development Promotion Fund.

1. The Office of the Fund for the Promotion of Development (hereinafter the FONPRODE Office), which is the Spanish Agency for International Cooperation for Development, with a range of Management, under the strategic direction of its Presidency, is the to administer the FONPRODE.

2. They correspond to the FONPRODE Office of the following functions:

a) In coordination with the various organs and units of the Secretariat of State for International Cooperation and the Spanish Agency for International Cooperation for Development, plan, identify and negotiate the operations likely to receive funding from the FONPRODE in accordance with the criteria laid down in Law 36/2010 of 22 October of the Fund for the Promotion of Development. In the case of contributions referred to in Article 7 of this Regulation, the identification shall be carried out in conjunction with the International Finance Directorate-General of the Ministry of Economy and Finance. In order to maximise the impact on development, the negotiation of these operations will be carried out taking into account the coherence with the strategy of Spain in the institution concerned.

b) Prepare and raise to the Executive Committee of the FONPRODE for approval the responsible funding code provided for in Article 11.2 of this Regulation, as well as propose to the Committee the adoption of the methodology to which refers to the same article.

c) Coordinate and prepare the operational programming of the FONPRODE, in coherence with the planning documents of the Spanish Cooperation, among them the Director Plan, the sectoral strategies and the frameworks of association-country in effect.

d) Carry out the assessments and analyses referred to in Articles 19 and 22 of this Regulation.

e) Present the funding proposals under the FONPRODE for study by the Executive Committee of the FONPRODE.

f) Coordinate with the Institute of Official Credit the elaboration of the agreements to subscribe with the beneficiaries referred to in Article 24.1 of this regulation.

g) Prepare, in coordination with the representation of Spain before the institutions, the agreements to subscribe with international bodies referred to in Articles 24.2 and 24.3 of this Regulation.

(h) Develop, in coordination with the Institute of Official Credit, any non-financial agreement other than those provided for in paragraphs (f) and (g) of this paragraph, in which the funding destination of the FONPRODE is regulated.

i) Carry out the follow-up of the FONPRODE, in the terms set out in Article 28 of this regulation.

(j) Facilitate the Directorate-General for Planning and Evaluation of Policy for Development of the Ministry of Foreign Affairs and Cooperation with the information necessary to carry out the evaluation of the FONPRODE, terms set out in Article 29 of this Regulation.

k) Develop, in conjunction with the Directorate-General for Planning and Evaluation of Policy for Development, the annual report that the Government will submit to the Congress and the Senate, as referred to in Article 30 of the present rules.

l) Support in the budgetary management of the FONPRODE, in coordination with the Directorate-General for Planning and Evaluation of Policies for Development of the Ministry of Foreign Affairs and Cooperation, without prejudice to the powers corresponding to the Institute of Official Credit.

m) Any other function related to the FONPRODE, without prejudice to the powers that may be of the responsibility of other ministerial bodies or departments.

Article 15. Management's own means of management and technical assistance.

The Secretariat of State for International Cooperation and the Spanish Agency for International Development Cooperation will be able to obtain technical assistance for any task that it deems appropriate in order to improve the management of the FONPRODE.

To this end, they may carry out management tasks to public sector entities that have the consideration of their own means and technical service of the Administration, to conclude agreements with other public sector entities specialised in activities which may be relevant to the activity of the FONPRODE, contracts and any other actions covered by the legislation in force.

The financing of these actions may be carried out by the FONPRODE, pursuant to Article 2.1.c) of Law 36/2010, of 22 October, of the Fund for the Promotion of Development.

Article 16. The Executive Committee of the Development Promotion Fund.

1. The Executive Committee of the Fund for the Promotion of Development (hereinafter the Executive Committee of the FONPRODE, Executive Committee or Committee) is an organ attached to the Ministry of Foreign Affairs and Cooperation through the Secretariat of State of International Cooperation.

2. The following are the functions of the Executive Committee of the FONPRODE:

(a) Approve the documents referred to in Article 11.2 of this Regulation and the amendments thereto, all proposed by the Office of the FONPRODE.

b) Study and assess the funding proposals under the FONPRODE to be presented to you by the FONPRODE Office.

(c) Propose the elevation of operations, through the holder of the Ministry of Foreign Affairs and Cooperation, for authorization by the Council of Ministers.

(d) Valorize those repayable financing operations in which the State or public sector of countries that have reached the point of completion within the HIPC initiative is listed as borrowers. prior to its elevation, by the Ministry of Foreign Affairs and Cooperation, to the Government's Delegation for Economic Affairs.

e) To study and assess the operational programming of the FONPRODE referred to in Article 8.3 of Law 36/2010 of 22 October of the Fund for the Promotion of Development.

f) Analyse the various evaluations and opinions on the performance of the FONPRODE, which will be issued by the corresponding advisory and control bodies of the Spanish Cooperation, as well as the results of the evaluations carried out in the provisions of Article 29 of this Regulation.

g) Analyze the renegotiation and remission of the assets of the FONPRODE, at the proposal of the Ministry responsible for external debt, for eventual approval by the Council of Ministers.

h) Review the FONPRODE portfolio annually.

i) Examine, and if necessary approve, the annual accounts of the FONPRODE, prepared by the Institute of Official Credit and audited by the General Intervention of the State Administration.

3. The Executive Committee of the FONPRODE shall have the following composition:

(a) Presidency: the head of the Secretariat of State for International Cooperation, which may be replaced by the First Vice President in cases of vacancy, absence, disease or other legal cause.

b) First Vice-Presidency: the person who holds the Directorate of the Spanish Agency for International Development Cooperation.

(c) Second Vice-Presidency: the head of the Directorate-General for Foreign Affairs, Europe and Security of the Ministry of Foreign Affairs and Cooperation.

d) Vocals, all of them with voice and vote:

1. The head of the Head of the Office of the Development Promotion Fund, who will also have the status of Secretary.

2. The head of the Directorate-General for Planning and Evaluation of Policy for Development of the Ministry of Foreign Affairs and Cooperation.

3. º The persons holding three Directorates of the Spanish Agency for International Cooperation for Development, appointed by the person holding the Presidency of the Agency.

4. The head of the Directorate-General for International Economic Relations and Energy Affairs of the Ministry of Foreign Affairs and Cooperation.

5. The person who holds the office of the Cabinet Office of the Secretariat of State for International Cooperation of the Ministry of Foreign Affairs and Cooperation.

6. A representative, with a minimum rank of Director General, of the Cabinet of the Presidency of the Government appointed by its Director.

7. º Two representatives, with a minimum rank of Director General, of the Ministry of Economy and Finance appointed by its holder.

8. ° A representative, with a minimum rank of Director General, of the Ministry of Education, designated by its holder

9. º A representative, with a minimum rank of Director General, of the Ministry of Industry, Tourism and Trade's Secretariat of State of Foreign Trade, designated by its holder.

10. º A representative, with a minimum rank of Director General of the Ministry of Environment and Rural and Marine, appointed by its holder.

11. A representative, with a minimum rank of Director General, of the Ministry of Health, Social Policy and Equality, designated by its holder.

12. A representative, with a minimum rank of Director General, of the Ministry of Science and Innovation, appointed by its holder.

13. º A representative with the minimum rank of Deputy Director of the Official Credit Institute, designated by the Institute according to its internal procedures.

4. All members of the Executive Board may appoint alternates with the rank of Deputy Director General or assimilated. The replacement shall be granted in writing for each meeting, and shall be credited to the Secretary of the Executive Committee at the beginning of each of the meetings in which it is to take effect.

5. The holder of the Presidency may invite representatives of other ministerial departments and public sector entities, as well as expert persons, to attend the meetings, with a voice but without a vote, if he considers it appropriate to function of the items on the agenda.

6. The Executive Board shall meet in ordinary session at least once a quarter and in extraordinary session as often as necessary.

7. The Executive Board may submit to debate questions and propose the elevation of operations through the person holding the Ministry of Foreign Affairs and Cooperation for authorization by the Council of Ministers or, in the cases provided for in paragraph 2 (d) of this Article, for analysis by the Government Delegated Committee for Economic Affairs, in a non-face-to-face form by electronic means. In order to ensure that the Executive Committee is constituted in a non-face-to-face manner, it will be necessary for the members of the Committee to express, in an express manner, their participation in the Committee's non-face-to-face meeting. Operations submitted for the first time at a non-face-to-face meeting of the Committee shall not exceed EUR 5 million.

When the Executive Committee meets in a non-face-to-face manner by electronic means, the provision of the additional provision of Law 11/2007, of June 22, of electronic access of citizens to the Services will be observed. Public.

8. The Executive Board may set up working groups within the Executive Committee which are considered appropriate for the good development of its activities.

9. In all cases not provided for in this royal decree, the Executive Committee shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative

Article 17. The Official Credit Institute.

The Institute of Official Credit will formalize, in the name and representation of the Spanish Government, and on behalf of the State, the corresponding agreements to subscribe with the beneficiaries, with the exception of the agreements with organizations multilateral, as provided for in Article 24 of this Regulation.

It shall also provide the services of technical instrumentation, accounting, box, paying agent, control and, in general, all financial instruments relating to the operations authorized by the FONPRODE, without prejudice to the powers which are laid down by Law 47/2003 of 26 November 2003, General Budget, and other legal provisions in force.

In the exercise of its functions as a financial agent, the Instituto de Crédito Oficial will carry out the monitoring and control of the charges and the possible incidents in them, as well as, where appropriate, the complaint of the Unpaid amounts.

The Institute of Official Credit may sign bilateral agreements for the renegotiation and remission of the assets of the FONPRODE, following the instructions of the Ministry responsible for foreign debt, in application of the Agreements of the Council of Ministers in this respect.

Annually, under the FONPRODE, after authorization by Agreement of the Council of Ministers, the Institute of Official Credit will be compensated for the expenses incurred in the development and execution of its functions in relation to the FONPRODE.

CHAPTER IV

Operation Approval Procedure

Section 1. Operations Identification and Measurement

Article 18. Identification of operations.

1. The proposal of operations to be identified will be carried out by the Secretariat of State of International Cooperation and the Spanish Agency of International Cooperation for Development through its various organs and units, both in headquarters and on the ground, with the exception of those referred to in Article 7 of this Regulation, which shall be jointly identified with the Ministry of Economic Affairs and Finance, in coordination with the permanent representation to the institution to ensure the coherence of the action of Spain in these institutions.

2. In accordance with the provisions of Article 5.1 of Law 36/2010 of 22 October of the Fund for the Promotion of Development, in order for an action to be eligible, it must be inserted in the Millennium Development Goals. actions to meet the sectoral and geographical objectives and priorities set out in Law 23/1998 of 7 July 1998 on International Development Cooperation, the corresponding Directors Plans and other planning documents Spanish policy on international cooperation for development. In addition, in the case of the operations referred to in Articles 5, 8, 9 and 10, eligible actions shall be those eligible which, in addition, are prioritised by the beneficiaries.

In addition, the identification will respect the catalogue of eligible and preferred actions to be financed by the FONPRODE provided for in Article 6 of the Law 36/2010, of 22 October, of the Fund for the Promotion of Development.

3. The FONPRODE Office will order the process of identifying operations. The various bodies and units of the Secretariat of State for International Cooperation and the Spanish Agency for International Cooperation for Development will report this process in the field of their competences, analyzing the coherence of the operations with the objectives of the development policy and the planning documents of the development policy.

4. Pursuant to Article 2.1.c) of Law 36/2010 of 22 October of the Fund for the Promotion of Development, the Office of the FONPRODE may order the FUND to be entrusted by the FUND, on its own initiative or on a proposal from other bodies and units of the Secretariat of the State of International Cooperation or of the Spanish Agency for International Cooperation for Development, the carrying out of technical assistance and feasibility studies for the purpose of identifying operations likely to be financed from the FONPRODE.

Article 19. Prior assessment of impact on development.

1. The operations referred to in Articles 5, 8, 9, and 10 of this Regulation shall be accompanied by a ex ante assessment of the impact on development, drawn up by the FONPRODE Office, prior to its referral to the Executive Committee.

The ex ante assessment of the impact on development will be based on four elements, as appropriate; the additionality provided by the Spanish Cooperation to the operation, the social, gender and environmental performance, the contribution of the operation to the fulfilment of the objectives of the Spanish Cooperation and the financial viability.

To analyze the additionality of the Spanish Cooperation to the operation, it will be assessed whether the impact on the operation would be similar in the event that the Spanish Cooperation did not participate in the operation.

For the analysis of social, gender and environmental performance, business practices will be valued and the operation will be classified according to the internationally adopted standards for the categorization of social risks. and environmental. Where it is estimated that the operations may entail negative social, gender or environmental externalities, an impact study shall be carried out.

To assess the contribution of the operation to the achievement of the strategic objectives of the Spanish Cooperation, the coherence with the objectives set by the current Director Plan, as well as with the documents, will be analyzed. technical and programming approved by the Spanish Agency for International Cooperation for Development that are applicable.

The financial viability of the operation will require the identification and appropriate treatment of the various risks. Taking into account the country of destination and the type of operation, it will be analysed if the proposal meets the criteria of:

(a) Diversification of risks, both from the perspective of the project or projects to be financed as well as its contribution to the degree of diversification of the repayable portfolio of the FONPRODE.

b) Risk sharing, through the participation of other fund providers, including international financial institutions.

c) Risk mitigation, through guarantees or other mechanisms that limit the risk incurred by the FONPRODE.

2. For the operations referred to in Articles 6 and 7 of this Regulation, account shall be taken of the ex ante assessment reports of impact on development which the bodies themselves have developed.

Article 20. Reporting on deficit impact of operations.

1. In accordance with Article 13.3 of Law 36/2010 of 22 October of the Fund for the Promotion of Development, a report on the impact on the public deficit of all the actions to be financed with charge to the FONPRODE.

2. The reports referred to in the previous paragraph, which shall be analyzed by the Executive Committee of the FONPRODE, as set out in Article 23.2 of this Regulation, shall be drawn up by the General Intervention of the State Administration Request of the Secretariat of State for International Cooperation. The General Intervention of the State Administration shall issue the report within 15 working days of receipt of the said request. In the event that the General Intervention of the State Administration requires additional information for the preparation of its report, it shall be required by the Secretariat of State for International Cooperation within seven working days from the date of its adoption. receipt of the said application, with the expiry of the period of 15 working days referred to above until the receipt of the requested information.

Article 21. Financial conditions for credit and credit lines and for capital or quasi-equity acquisitions in financial institutions and investment vehicles.

The conditions of the reimbursable financing will be proposed on a case by case by the Office of the FONPRODE to the Executive Committee, in any case to the following criteria in order to avoid the over-indebtedness of the beneficiaries and boost the liability of the debtor:

(a) In the case of financing to States or public sector, the conditions of the repayable financing must be defined in such a way that they conform to the minimum element of concessionality that the International Financial Institutions recommended for each country.

(b) The amount of the credit shall not amount to 100% of the financing of a project.

(c) The financing must be denominated in euro or in any other currency admitted to trading by the European Central Bank.

(d) The return period and the periods of absence that are proposed should be established in such a way as to boost the debtor's liability.

e) Reimbursable financing must provide sufficient guarantees In the case of lines of credit or loans, where the beneficiary is a State, it must provide the sovereign guarantee to the financing and in the case of public administration or public sector entities, the guarantees provided must have a non-objection on the part of the Ministry responsible for the indebtedness in the country. For the operations of Articles 9 and 10, financial institutions or investment vehicles shall have sufficient capacity to assess and manage the risks assumed, as well as to provide regular information on the situation of the investments of the FONPRODE.

Article 22. Risk analysis and impact on debt sustainability.

1. Prior to the study by the Executive Committee of the FONPRODE of the proposals for operations referred to in Articles 8, 9 and 10 of this Regulation, as well as those referred to in Articles 6 and 7 in the case of transactions repayable, a risk analysis shall be carried out, including financial conditions and guarantees and mitigation mechanisms in accordance with the terms of Article 21. In those operations in which a sovereign guarantee or public sector debt is required, this analysis will also provide for the impact on the sustainability of the debt in the recipient country, the alignment with the strategies of development and debt policies designed by the country and the recommendations for the prevention of indebtedness issued by the International Financial Institutions. In the case of the operations of Articles 6 and 7, if they are reimbursable, and 8, 9 and 10, the risk-sharing, both with the International Financial Institution, where appropriate, and with other financing providers, shall be made in a manner balanced enough.

2. These analyses shall be drawn up by the FONPRODE Office and shall be forwarded to the competent body of the Ministry of Economic Affairs and Finance, so that, within 10 working days of receipt, it shall carry out an assessment of them. If that body requires further information to be able to issue its assessment, it shall request it from the FONPRODE Office within five working days of receipt of the report, with a delay of 10 days before the date of receipt of the report. mentioned until the requested information is transferred to the competent body of the Ministry of Economy and Finance.

Section 2. Operations Approval

Article 23. Study of the operations by the Executive Committee of the FONPRODE.

1. The Secretary of the Executive Committee of the Development Promotion Fund shall transmit the information relating to the proposed operations at least seven working days in advance.

2. The information referred to in the previous paragraph shall include the analyses and studies described in Articles 19, 20 and 22 of this Regulation.

3. Without prejudice to the following paragraph, the Executive Board shall discuss each of the operations and, where appropriate, agree to propose its elevation, through the person holding the Ministry of Foreign Affairs and Cooperation, to their approval by the Council of Ministers.

The Committee may also return the proposal to the FONPRODE Office, if more information is needed. In the latter case, the proposal may be submitted to the Committee again, with the new information and arguments in response to the Committee's proposal, but it will not be necessary to submit again the reports referred to in paragraph 1. previous that would have already been distributed.

In the event that obtaining more information referred to in the preceding paragraph requires technical studies, these may be financed from the FONPRODE in accordance with the provisions of Article 3.2 of the This Regulation.

4. With regard to technical assistance, technical studies, management procedures, conventions, feasibility studies and evaluations referred to in the previous paragraph and Articles 3.2, 15, 18.3 and 29 of this Regulation, the Office of the FONPRODE may propose to the Committee for its study and, where appropriate, elevation for approval by the Council of Ministers on a proposal from the person holding the Ministry of Foreign Affairs and Cooperation, financing lines from the FONPRODE for the financing of this type of action.

5. A report shall be drawn up for each meeting, which shall form part of the dossiers submitted for the approval of the operations by the Council of Ministers.

Section 3. The formalization and award of operations

Article 24. Subscription of the agreements and financing agreements with the beneficiaries.

1. The Official Credit Institute shall formalize, on behalf and behalf of the Spanish Government and on behalf of the State, the relevant agreements to be concluded with the beneficiaries, with the exception of paragraphs 2 and 3 of this Regulation. Article.

2. The Ministry of Foreign Affairs and Cooperation, through the Secretariat of State for International Cooperation, shall conclude with the receiving international body the agreements which formalize the contributions provided for in Article 6 of the Treaty. This Regulation.

3. Agreements with the international financial institutions for the formalization of the operations referred to in Article 7 of this Regulation shall be signed by the Governor or Governor of Spain in the aforementioned institutions, together with the Secretariat of State for International Cooperation of the Ministry of Foreign Affairs and Cooperation.

Article 25. Obligations relating to bilateral donations, loans, loans, financing lines and microfinance.

In the event that the impact assessment on the operations referred to in Articles 5, 8 and 9 advises, the agreement or agreement establishing the operation may lay down obligations for one or both of the parties, in order to ensure a positive social, gender or environmental impact and mitigate the risk of negative impact.

Article 26. Obligations relating to capital or quasi-equity acquisitions in financial institutions and investment vehicles.

In these operations, the FONPRODE Office shall ensure that the financial intermediary has the required experience and complies with the social and environmental requirements described in the responsible funding code. referred to in Article 11.2, while respecting the delegated responsibility, characteristic of this type of investment. To this end, the agreements or arrangements for formalisation shall require the financial intermediary:

(a) a social, gender and environmental risk management system, if any,

b) the subscription of the internationally accepted exclusion list and internationally accepted social, gender and environmental performance standards; and

(c) the application of the social and environmental standards set out in Article 11.1 of this Regulation.

Article 27. Project execution award.

1. In all the conventions in which the aid is formalised, the obligation for the implementing entity to comply with the rules and guidelines on human rights, gender equality, corporate social responsibility, standards and standards will also be established. International Labour Organization ratified by Spain, as well as the Convention to Combat the Corruption of Foreign Public Agents in International Economic Transactions.

2. The financing agreements referred to above shall provide for the possibility for the Ministry of Foreign Affairs and Cooperation to annul or revoke and to cease operations for the granting of financing under the FONPRODE in which a failure to comply with the conditions laid down in them.

3. Where the operations financed from the FUND referred to in Articles 5 and 8 of this Regulation entail the need to implement a particular project or programme through an entity other than the beneficiary, the the award shall be carried out by the beneficiary in accordance with the local rules applicable to it.

4. In such cases, in the conventions in which the operations with the beneficiary are formalised, the obligation to ensure that the procedures for the award referred to in the preceding paragraph are met is to ensure that the conventions are complied with. international agreements signed by Spain, as well as the guarantee of the principles of transparency, competition and publicity through public tender.

5. The financing agreements shall also provide for the consequences arising from the failure of natural or legal persons to be awarded for actions financed by the FONPRODE.

CHAPTER V

Monitoring, Evaluation, and Control

Article 28. Monitoring.

1. The FONPRODE Office shall carry out the monitoring of the projects and operations financed from the FONPRODE. To this end, in the agreements and agreements which are concluded with the recipients of the funds in order to formalise the operations, the reporting obligations that are deemed appropriate for the best follow-up of the funds shall be established.

2. The monitoring of operations shall include, inter alia, the following actions:

(a) The receipt, study, assessment, approval and archiving of operational schedules, interim and final reports and any other documentation relating to the implementation of the contributions from the FONPRODE.

b) The reception, study, evaluation, and resolution of any request for modification that does not affect the conditions approved by the Executive Committee of the FONPRODE and the Council of Ministers. In the case where such changes affect the conditions approved in the Executive Committee and the Council of Ministers, they shall be raised again for consideration.

c) In coordination with the representations of Spain to international agencies and other competent bodies, communication with beneficiaries and preparation and participation in committees and monitoring committees of the contributions, both at bilateral and multilateral level.

(d) the drawing up of reports on the monitoring and assessment of contributions, in particular as regards the impact on the development of operations and their suitability for the policy of financing and other instruments of planning for Spanish Cooperation.

3. In order to carry out its tasks, the FONPRODE Office shall keep informed and support the competent units, in particular the addresses of the Spanish Agency for International Development Cooperation, the embassies of Spain and Technical Cooperation Offices, the Directorate-General for Planning and Evaluation of Policies for Development and the representation of Spain to international development agencies.

Article 2. Assessment.

1. The FONPRODE Office and the Directorate-General for Planning and Evaluation of Policy for Development will jointly and in a biennial manner define a plan in which the evaluations to be carried out during that period will be collected. The definition of the terms of reference for each assessment shall also be carried out jointly between the two bodies mentioned. The Executive Committee of the FONPRODE shall be informed of the outcome of the evaluations before it is made public.

2. The first of the assessment plans referred to in the previous paragraph shall be defined after two years after the entry into force of this Regulation.

3. The Directorate-General for Development Policy Planning and Evaluation may propose to the Executive Committee the evaluation of those operations that are raised for the authorization of the Council of Ministers when it deems appropriate.

4. The costs necessary for the performance of the evaluations may be financed from the FONPRODE, as provided for in Article 2.1.c) of Law 36/2010 of 22 October of the Fund for the Promotion of Development.

Article 30. Parliamentary control.

1. The Government shall send an annual report to the Congress of Deputies and the Senate of the operations charged to the FONPRODE, including its objectives, country of destination, intervention sectors and beneficiary institutions, as well as the conditions for recruitment and award, the amounts committed and disbursed, the selection criteria for the different instruments, the awards finally approved and the evaluations carried out, indicating the percentage of Official aid for the repayable development corresponding to the operations carried out in such exercise.

2. The head of the Secretariat of State for International Cooperation shall appear before the International Cooperation Committees for the Development of the Congress of Deputies and the Senate to present the report referred to in paragraph 1. and to take account of the implementation of the FONPRODE, taking stock of the actions of the FONPRODE and of its adequacy to the objectives of the instrument.

3. The report referred to in paragraph 1 of this Article shall be forwarded to the Government Delegated Commission for Development Cooperation.

4. The aforementioned report, as well as the opinions of the International Cooperation Committees for the Development of the Congress of Deputies and the Senate provided for in Law 36/2010, of 22 October, of the Fund for the Promotion of Development will be published on the web pages of the Ministry of Foreign Affairs and Cooperation and the Spanish Agency for International Development Cooperation.

Article 31. Functions of the Development Cooperation Council in relation to the FONPRODE.

The Development Cooperation Council, as an advisory body on international cooperation for development, and without prejudice to the functions assigned to it by the rules applicable to it:

(a) Report on the draft of the repayable funding code provided for in Article 11.2 with prior approval by the Executive Board.

(b) Valorara, in the framework of the report I made on the proposal for a Plan Director of Spanish Cooperation, and taking into account the results of the evaluations on the FONPRODE, the establishment of the percentage limit to which referred to in Article 2.1.e of Law 36/2010 of 22 October of the Fund for the Promotion of Development.

(c) It shall be consulted during the preparation of the biennial assessment plan provided for in Article 29.

d) You will be informed of the results of the evaluations carried out on the FONPRODE.

e) You shall receive the annual report referred to in Article 30.1 and may agree to transfer it to other affected social institutions.

Article 32. Transparency and information on the activity of the FONPRODE.

The Spanish Agency for International Cooperation for Development will make public through its memoirs, its website or any other medium it deems appropriate, respecting the current regulations:

(a) The repayable funding code provided for in Article 11.2.

b) Operations funded in the current year.

c) The results of the evaluations carried out on the FONPRODE and technical assistance.

(d) The annual report referred to in Article 30.1 and the opinions on it issued by the International Cooperation Committees for the Development of the Congress of Deputies and the Senate.