With the creation of the National Disability Council in 2004, a decisive impetus was given to the principle of civil dialogue established in Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and accessibility. the universal service of persons with disabilities, by virtue of which the representative organisations of persons with disabilities and their families participate in the elaboration, implementation, monitoring and evaluation of the official policies which are develop in the sphere of people with disabilities.

Royal Decree 1865/2004 of 6 September 2004, which regulates the National Disability Council, was amended by Royal Decree 1468/2007 of 2 November, once the need to introduce a new law was made clear. some amendments to aspects of the allocation of new powers and functioning, in order to ensure their functions and the development of their sessions, both in plenary and in the Commission, by streamlining their internal functioning.

As a result of the restructuring of the ministerial departments under Royal Decree 542/2009 of 7 April, which was created by the Ministry of Health and Social Policy, assigning the proposal and the implementation of the Government policy on cohesion and social inclusion, families, protection of minors and care for people in a situation of dependency or disability, it is necessary to adapt the regulation of the National Disability Council to the new structure of the departments of the General Administration of the State and, in particular, the of the higher bodies and directors of the Ministry of Health and Social Policy, as provided for in Article 14 of Royal Decree 640/2009 of 17 April 2009, for the development of Royal Decree 542/2009 of 7 April 2009 and amending the Royal Decree 438/2008 of 14 April, approving the basic organic structure of the ministerial departments.

Moreover, in addition to the functions that the Permanent Bureau has attributed in the fields covered by Law 51/2003, of December 2, of equal opportunities, non-discrimination and universal accessibility of persons with disabilities, new functions have been attributed to it, as organ of the National Disability Council, under Law 49/2007, of December 26, of violations and sanctions in the field of equal opportunities, discrimination and universal accessibility of persons with disabilities, and of the Royal Decree 1494/2007 of 12 November 2007 approving the Regulation on the basic conditions for the access of persons with disabilities to the technologies, products and services related to the information society and the media social communication.

Taking into account the impact of the various standards mentioned in the regulation of the National Disability Council, to which the Law 39/2006 of 14 December of the Promotion of Personal Autonomy should be added Attention to people in a situation of dependency, it has been considered necessary and opportune to elaborate this new royal decree, to clarify and systematize the regulation of the said Council.

This standard has been favourably reported by the National Disability Council.

In its virtue, on the proposal of the Minister of Health and Social Policy, with the prior approval of the First Vice President of the Government and Minister of the Presidency, in agreement with the State Council and prior deliberation of the Council of Ministers at its meeting on 4 December 2009,

DISPONGO:

Article 1. Nature and purpose.

1. The National Disability Council is the inter-ministerial collegiate body, of an advisory nature, attached to the Ministry of Health and Social Policy, which institutionalizes the collaboration of the associative movement of persons with disability and their families and the General Administration of the State, for the definition and coordination of a coherent policy of comprehensive care.

2. In particular, it is up to the National Disability Council to promote equal opportunities, non-discrimination and universal accessibility for people with disabilities.

Article 2. Functions.

1. For the purpose of compliance with the above purposes, the National Disability Council shall carry out the following tasks:

a) Promote the principles and basic lines of comprehensive policy for people with disabilities in the field of the General Administration of the State, incorporating the principle of mainstreaming.

b) Present initiatives and make recommendations in relation to plans or programmes of action.

c) Know and, where appropriate, present initiatives in relation to funds for disability programs and distribution criteria.

(d) to issue opinions and reports, which are mandatory and non-binding, on those draft regulations and other initiatives relating to the subject matter of the Council which are subject to their consideration and, in particular, to the development of of the rules of equal opportunities, non-discrimination and universal accessibility.

e) Promote the development of information gathering, analysis, elaboration and dissemination actions.

f) Driving research, training, innovation, ethics and quality activities in the field of disability.

g) To know the policies, funds and programs of the European Union and other international bodies and to receive information, if any, on the Spanish positions and proposals in international forums.

h) Constituir the reference organ of the General Administration of the State for the promotion, protection and monitoring in Spain of international legal instruments in the field of human rights of persons with disability incorporated into our legal system and, in particular, the International Convention on the Rights of Persons with Disabilities of the United Nations, ratified by Spain, which entered into force on 3 May 2008.

i) Any other function which, within the framework of its powers, is attributed to it by any legal or regulatory provision.

2. In accordance with the provisions of Article 41 of Law 39/2006 of 14 December of the Promotion of Personal Autonomy and Care for Persons in a State of Dependence, the National Disability Council is the advisory body of the institutional participation of the System for Autonomy and Attention to Dependence, and exercises the functions of informing, advising and formulating proposals on matters that are of particular interest to the operation of the System.

3. All the functions listed above are attributed without prejudice to those that correspond to other legally established bodies of representation and participation.

Article 3. Composition.

The National Disability Council is made up of the presidency, three vice presidents, thirty-two vocalians, four expert advisers and the secretariat.

Article 4. Presidency.

1. The holder of the Ministry of Health and Social Policy shall hold the Presidency of the Council.

2. Corresponds to the Presidency:

a) Lead, promote and coordinate the Council's action.

b) Ostend representation and exercise actions that correspond to the National Disability Council.

(c) Agree to the convening of the ordinary and extraordinary sessions of the plenary session and the establishment of the agenda of the sessions taking into account the proposals and requests of its members.

d) Chair plenary sessions and moderate the development of debates and suspend them for justified reasons.

e) Vellar for compliance with current regulations.

f) Vising the minutes and certifications of the National Disability Council agreements.

g) How many others are inherent in the exercise of the presidency.

Article 5. Vice Presidencies.

1. The first deputy shall be the head of the General Secretariat for Social Policy and Consumption, who shall replace the person holding the Chair in the event of a vacancy, absence or illness.

2. The second person shall be the second person to be the head of the Directorate-General for the Coordination of Sectoral Policies on Disability, who shall replace the person holding the Chair in the event of a vacancy, absence or illness, in default of the holder of the first vice-presidency.

3. The third third-party shall be a person representing the associative sector of persons with disabilities and their families, elected by and among the persons holding the term of office of the organisations represented in the Council, who, They shall also elect an alternate person for cases of absence, vacancy or illness.

4. The persons holding the first and second vice-presidencies, in addition to the functions referred to in the preceding paragraphs, shall carry out those tasks which are delegated to them by the person holding the presidency and the number of which are inherent in his or her condition.

5. The person holding the second vice-presidency shall be replaced by an alternate person, appointed by the head of the Ministry of Health and Social Policy, with the rank of head of a general directorate of the Ministry of Health and Social Policy, in the case of a vacancy, absence or disease.

Article 6. Vocal and expert advisors.

1. They shall be members of the Council, ensuring balanced participation on the basis of gender:

(a) Sixteen vowels representing the General Administration of the State, depending on their competence in matters directly or indirectly related to persons with disabilities and their families, according to the next distribution:

1. By the Ministry of Health and Social Policy, the persons holding the following bodies:

Directorate General for Consumer Affairs, Directorate General of the Institute of Senior and Social Services, Technical Directorate of the Royal Board of Directors on Disability and Directorate-General for Social, Family and Children's Policy.

2. º By other departments, a representative person, with the rank of the head of a general direction, of the following ministries:

" Foreign Affairs and Cooperation, Justice, Defense, Economy and Finance, Interior, Development, Education, Industry, Tourism and Trade, the Presidency, Labor and Immigration, Housing and Equality.

b) Sixteen vocal representatives of the most representative public utility associations at the state level to bring together the most representative organisations of the different types of disability.

2. In the development of their position, the word holders are entitled to:

a) Participate in the discussions, make proposals, and raise recommendations.

b) Participate in the preparation of reports and opinions in terms that, in each case, the plenary agrees.

c) Exercise their right to vote, and formulate their particular vote, as well as express the sense of their vote and the reasons that justify it.

d) Formulate questions and questions.

e) Get accurate information to fulfill the assigned functions.

f) Exercise how many other functions are inherent in your vocal condition.

3. In no case shall the names of the vocalias be attributed to the representation or powers of the Council, unless expressly granted to them by agreement of the collegiate body and for specific cases.

4. For each of the words of the Council, on a proposal from the respective ministerial departments or the most representative associations of persons with disabilities, the person holding the Ministry of Health and Social Policy shall designate a alternate person, to replace the titular person in case of absence, vacancy or illness. The duration of the substitutions shall be limited to the time of the term of office which subtracted the titular person from the replaced vocalia.

5. The Council shall also have four expert advisers appointed by the person holding the Ministry of Health and Social Policy of persons of recognised prestige and background in matters relating to persons with disabilities. disability and their families. Expert advisers shall participate, with a voice and without a vote, in the sessions of the Council bodies, providing their expert knowledge.

6. The appointment of the persons holding the words of the National Disability Council shall be governed by the following procedure

(a) The persons holding the words representing the General Administration of the State shall be appointed by the head of the Ministry of Health and Social Policy, on the proposal of the respective departments.

(b) The persons holding the vocalias representatives of the most representative public utility associations at the State level who are the most representative organisations of the different types of disability shall be appointed by the head of the Ministry of Health and Social Policy, on a proposal from the governing bodies of those associations.

Article 7. Secretariat.

1. The person responsible for the relevant unit of the Directorate-General for the Coordination of Sectoral Policies on Disability, which has been assigned the specific powers of the Directorate-General for the Coordination of Sectoral Policies on Disability, shall exercise the secretariat in a voice but without a vote. disability, which may be assisted by the support staff necessary for the performance of their tasks. In the case of a vacancy, absence or illness, the holder of the Secretariat of the Council shall be replaced by an official, with the rank of the holder of a general sub-directorate, assigned to the same general address and appointed by the person Head of the Ministry of Health and Social Policy.

2. Corresponds to the holder of the secretariat:

a) Attend meetings of Council bodies.

b) Call the sessions, accompanying the agenda at least 48 hours in advance, on the order of the person holding the presidency, as well as sending the summons to the members of the Council. In any case, the information on the items on the agenda shall be made available to the secretariat of the Council at the disposal of its members.

(c) Receive the acts of communication of members of the Council with its organs and therefore the notifications, requests for data, corrections or any other kind of writing from which it is required to have knowledge.

d) Prepare the issue, write and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, opinions, and agreements.

f) How many other functions are inherent in your condition as a secretary.

Article 8. Operation.

1. The National Disability Council shall function in plenary session, in the Standing Committee and, where appropriate, with respect to the tasks assigned to it in the field of disability, through the Specialized Permanent Bureau. The seat of the National Disability Council will be that of the Ministry of Health and Social Policy, which must be accessible to people with disabilities.

2. The National Disability Council may set up committees or working groups for the best performance of its purposes, which may be invited, on a proposal from the person holding the first deputy presidency of the Council, to expert persons selected by reason of the subject matter to be addressed at each meeting, without prejudice to the four expert advisers referred to in Article 3.

3. Calls, notifications and communications, as well as supporting documentation emanating from the Council and its bodies, should in any case be made accessible to persons with disabilities. Similarly, the accessibility of communication must be ensured in the sessions held by the Council and its bodies.

4. The Council shall have an electronic seat, accessible to persons with disabilities, on the basis of generally accepted accessibility criteria, in which it shall be informed of its functions, activities and services, as well as, in general, on equal opportunities, non-discrimination and universal accessibility for people with disabilities.

Article 9. Full.

1. The plenary session will be:

a) Establish the general lines of action of the Council.

(b) To support the consultations that are made of it by the ministerial or other entities, in matters relating to persons with disabilities and their families, and to issue the corresponding opinions.

(c) To request the necessary information on the matters covered by the Council's competence, in accordance with Article 2.

d) Establish commissions and working groups for the preparation of studies, reports, proposals and development of activities on issues of their competence.

e) Approve the motions for resolutions that were presented to him by the Permanent Commission and the Permanent Bureau.

(f) Report on the degree of compliance with the accessibility obligations under Royal Decree 1494/2007 of 12 November 2007 on the Regulation on the basic conditions for access to persons with disabilities to the technologies, products and services related to the information society and social media, on the basis of the annual report or on the measures or decisions proposed by the Permanent Bureau Specialised in plenary session, to be taken into account by the responsible ministerial department.

g) Approve the Council's internal operating rules.

h) Approve the Council's annual memory.

2. The plenary session of the National Disability Council shall hold at least two ordinary sessions per year, and may meet in extraordinary sessions whenever the holder of the Presidency is called on his own initiative or at the request of a third of its members.

Article 10. Standing Committee.

1. The Permanent Commission is the executive body of the Council, without prejudice to the provisions of this royal decree for the Special Permanent Bureau, and shall consist of a presidency, a vice-presidency, sixteen vocalias, two persons expert advisors and a secretary.

2. The Chair of the Deputy Presidency of the Council shall exercise the chairmanship of the Standing Committee and shall exercise the Vice-Chair of the Standing Committee, the person holding the second Deputy Presidency of the Council, who shall replace the the person holding the Presidency of the Commission in the event of absence, vacancy or illness.

3. The words of the Standing Committee shall be exercised:

a) Eight of those in the plenary participate in representation of the General Administration of the State by the following ministries: Justice, Economy and Finance, Development, Education, the Presidency, Labor and Immigration, Housing and Equality.

(b) Eight of the organisations of persons with disabilities and their families represented from among those who are part of the Council's plenary, appointed by the procedure provided for in Article 6.6.b) to appoint those represent persons with disabilities and their families in plenary.

4. In the event of absence, vacancy or illness, the person who holds the deputy chair of the Commission shall be the alternate member of the Commission, the same person as the alternate member of the second deputy chair of the Council's plenary session.

Shall be alternates of persons holding the term of office of the Standing Committee, in the event of absence, vacancy or illness, the same persons who fulfil the status of alternates of the persons holding the term of office in the Full, corresponding to the ministries and organisations of persons with disabilities and their families covered by points (a) and (b) of paragraph 3 of this Article.

5. Expert advice persons shall be appointed by the Presidency of the Council of the four of the four of which the Authority shall generally have in accordance with Article 6.5.

6. The secretariat, with a voice but no vote, shall be exercised by the secretariat in the Council's plenary session and may be replaced by the same persons who meet the conditions of alternate members of the holder of the secretariat in the plenary session, in the event of absence, vacancy or disease.

7. The Standing Committee shall carry out the following tasks:

(a) Develop the preparatory work to facilitate the development of the plenary functions referred to in Article 9 of this Royal Decree, as well as how many others entrusts it.

b) Track and evaluate the tasks assigned to the work groups.

c) Analyze the agenda items of the ordinary meetings of the Council plenary.

d) Receive annually the report on the facts that the Specialized Permanent Bureau will raise for your knowledge in the meeting that comes. The Standing Committee may, therefore, adopt the relevant agreements in order to make recommendations for action to prevent or achieve the cessation of the action or omission deemed to be discriminatory or binding against equal opportunities, non-discrimination and universal accessibility of persons with disabilities.

e) To ensure compliance with the measures or decisions proposed to the plenary by the Permanent Bureau and approved by the Permanent Bureau.

8. The Standing Committee shall hold at least two ordinary sessions per year, and may meet in extraordinary session whenever the holder of the Chair is convened on its own initiative or at the request of one third of its members.

Article 11. Specialized Permanent Bureau.

1. The Permanent Bureau is the body of the Council, of a permanent and specialised nature, in charge of promoting equal opportunities, non-discrimination and universal accessibility for people with disabilities.

2. The Permanent Bureau will collaborate with the most representative public utility associations of people with disabilities and their families.

Article 12. Structure and means of the Specialized Permanent Bureau.

1. The Specialized Permanent Bureau is organized under the supervision of the National Disability Council.

2. The Permanent Bureau is organically dependent on the Directorate-General for the Coordination of Sectoral Policies on Disability.

3. At the head of the Specialized Permanent Bureau there is an Executive Directorate whose holder shall be a career official belonging to a Body or Scale classified in Subgroup A1 of Article 76 of Law 7/2007, of 12 April, of the Staff Regulations Public Employment Basic, to be appointed by public call for the free designation procedure, on the basis of eligibility criteria, including experience in matters related to disability.

Article 13. Duties of the Permanent Bureau.

The following functions are for the Office:

a) Provide advice on an optional and non-binding basis.

b) To study and analyze the consultations, complaints or complaints regarding discrimination on the grounds of disability, without prejudice to the powers of the bodies and authorities that are competent.

(c) Propose to the plenary, for consideration, measures or decisions that prevent structural or temporary situations of discrimination on the basis of disability in the areas established by Law 51/2003, of 2 December.

d) Track the proposed measures that prevent discrimination.

e) to prepare, on an annual basis, for its elevation to the Council plenary, a report on the situation of equal opportunities, non-discrimination and universal accessibility for persons with disabilities and their families.

(f) to prepare, on an annual basis, for its elevation to the Council plenary, a report on the degree of compliance with the accessibility obligations contained in Royal Decree 1494/2007 of 12 November 2007, the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media is adopted to be taken into account by the ministerial department responsible.

(g) to draw up, on an annual basis, for elevation to the Standing Committee of the Council, a report on the facts contained in the information files opened and processed by the Office as a result of any requests from persons with disabilities, legal persons empowered or representative organisations of persons with disabilities and their families.

(h) Prior to the instruction of the file of infringements and penalties provided for in Law 49/2007 of 26 December, of infringements and penalties in the field of equal opportunities, non-discrimination and universal accessibility of persons with disabilities and, in accordance with Article 24 of that law, shall issue the report requested by the competent bodies for the instruction of the file, without prejudice to the competencies that correspond to the autonomous communities.

i) Collaborate with the judicial and administrative bodies in the matters they require.

(j) Those other than may be attributed to them under regulatory or regulatory provisions.

Article 14. Scope of action of the Specialized Permanent Bureau.

1. The Standing Office shall provide advice to any person who has been the subject of discrimination or who considers that his right to equal opportunities, non-discrimination and universal accessibility is infringed by reason of disability in the field covered by Law 51/2003 of 2 December 2003.

2. The advice shall also be provided to legal persons empowered to defend the collective legitimate rights and interests referred to in Article 19 of that Law 51/2003 of 2 December 2003.

3. The Standing Office shall provide advice to organisations representing persons with disabilities and their families on how to enforce individual and collective rights in relation to equal opportunities, non-discrimination and universal accessibility of persons with disabilities.

4. The Permanent Bureau shall provide advice to the natural or legal persons responsible for the fulfilment of the obligations set out in Law 51/2003 of 2 December 2003.

Article 15. Operation of the Specialized Permanent Bureau.

1. In the event of any request from the disabled person, legal persons or organisations representing disabled persons, the relevant information file shall be opened for which the Executive Directorate of the the Specialized Permanent Bureau shall obtain the necessary information to verify the necessary information and to carry out the examination of the dossiers and the precise documentation in accordance with the provisions of Articles 82 and 83 of Law No 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

2. On an annual basis, the Executive Directorate shall forward to the Standing Committee of the National Disability Council a report on the facts referred to in Article 10.7.d

3. In turn, the Specialized Permanent Bureau will promote the timely investigation for the clarification of the circumstances arising from a complaint or complaint that could be the subject of infringement and punishment, in the face of any request from the people with disability, qualified legal persons or representative organisations of persons with disabilities, to carry out the relevant report.

4. The premises in which the Permanent Bureau is located must be accessible to all persons with disabilities.

5. Procedures, actions, notifications and communications, as well as supporting documentation and information, including computer, audiovisual and virtual information, to be carried out by the Specialized Permanent Bureau in a format or medium accessible to people with disabilities.

Article 16. Duration of the command.

1. The term of office of the persons holding the term of office and the expert persons of the National Disability Council shall be four years.

2. After the end of the term of office, the Council shall be dissolved and renewed. However, the outgoing Council shall remain in office until the appointment of the new persons holding the term of office.

Article 17. Renewal of the Council.

The renewal of the vocalias and the expert advisory persons shall be carried out in accordance with the procedure referred to in Article 6.

Article 18. Member of the Council.

1. The persons holding the vocalias and the expert advisory persons of the Council shall cease for any of the following reasons:

a) Renunciation.

b) Stop competing for the requirements that determined your designation.

c) You have ceased as a member of the federation, confederation, association, or institution that you represent.

(d) For serious non-compliance with its obligations, on a proposal from the Council plenary, approved by a two-thirds qualified majority.

2. The competence for the cessation of membership is the responsibility of the person holding the Ministry of Health and Social Policy.

3. A vacancy shall be produced by appointment of the person holding the Ministry of Health and Social Policy, on the proposal of the person concerned to carry out the vacancy in accordance with the provisions of this royal decree.

4. Until the vacancy is covered, the person who holds the term of office shall be replaced by his alternate.

Article 19. Economic compensation for attendance at meetings.

The persons who are representatives of the organisations of persons with disabilities and of their families and the expert advisers of the Council, their committees or working groups, whose habitual residence is located in The same is true of the situation in which the meeting takes place. It will receive an economic compensation equal to that established for civil servants in Royal Decree 462/2002 of 24 May 2002 on compensation for the service, for to satisfy the costs incurred by the displacement, accommodation and maintenance, in the amounts set for group 1.

This same compensation shall be paid to the personal assistants of the members and expert advisers of the Council, their commissions and working groups referred to in the preceding paragraph, where they are A disability must be supported in order to be able to attend meetings.

Additional disposition first. Applicable rules.

Without prejudice to the peculiarities provided for in the Rules of Procedure adopted by the Plenary Session, the National Disability Council shall comply with the rules of organization and operation established in the Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Additional provision second. Personal and material means.

1. The provision of personal and material resources necessary for the proper functioning of the National Disability Council will be carried out by the budget envelopes of the Ministry of Health and Social Policy, without any enlargement. template or budget appropriations.

2. For the performance of the tasks entrusted to the Office, the Office may have the support of staff assigned to the Directorate-General for the Coordination of Sectoral Policies on Disability and the budgetary appropriations allocated to it.

Single repeal provision. Regulatory repeal.

Any provision of equal or lower rank is repealed which is opposed to the provisions of this royal decree and, expressly, Royal Decree 1865/2004, of 6 September, for which the National Council is regulated, and the Order TAS/736/2005, of 17 March, regulating the structure and functioning of the Permanent Bureau of the National Disability Council.

Final disposition first. Faculty of development.

The head of the Ministry of Health and Social Policy is hereby authorized to make any provisions necessary for the development and execution of the provisions of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 4 December 2009.

JOHN CARLOS R.

The Minister of Health and Social Policy,

TRINIDAD JIMENEZ GARCIA-HERRERA