Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, regulates in its Articles 36 and 37 the General Administration of the State abroad, in which they are integrated, under the (a) the hierarchical position of the Head of the Diplomatic Mission, the institutions and services which, in accordance with the provisions of Royal Decree 632/1987 of 8 May, governing the organisation of the State Administration abroad, may be established for the development of sectoral activities.

With regard to the personnel regime applicable to the organs of the General Administration of the State abroad, Article 1.2 of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, provides for the approval of specific rules to bring their precepts into line with the peculiarities of staff posted abroad.

Royal Decree 1396/2003 of 17 November on the organization, function and provision of jobs of the Ministry of Agriculture, Fisheries and Food of the Diplomatic Missions of Spain, updated the regulation on the establishment, supervision, dependency and functions of these Consejeries, as well as their staff arrangements and the provision of jobs to them.

Similarly, Royal Decree 1525/2007 of 16 November, which regulates the presence of the State Administration abroad on its part related to the Ministry of the Environment, and the creation of the Environmental Counselors in the Permanent Mission of Spain to the United Nations, in the Permanent Representation of Spain to the United Nations Environment Program and in the Permanent Delegation of Spain to the Organization for the Cooperation and Economic Development, regulates the creation, modification, abolition, dependence and The Ministry of Education, the Ministry of Education and the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education and the Media Environment, they are entrusted.

The unification of the Ministries of Agriculture, Fisheries and Food and the Environment, carried out by Royal Decree 432/2008 of 12 April, which restructured the ministerial departments, creating the new Ministry of the Environment, and Rural and Marine Environment, compels to carry out a rethink of the administrative organization abroad that they have been maintaining the mentioned Ministries.

In this order of things, the second provision of Royal Decree 1130/2008, of 4 July, for which the basic organic structure of the Ministry of the Environment is developed, and the Rural and Marine Environment establishes that the Names of the Ministry of Agriculture, Fisheries and Food, regulated by Royal Decree 1396/2003 of 17 November 2003, and of the Council of the Environment, regulated by Royal Decree 1525/2007 of 16 November, shall become: Environment, and the Rural and Marine Environment. Only the Ministry of Agriculture, Fisheries and Food and the Environment in the Permanent Representations of Spain to the European Union, and the Ministry of Agriculture, Fisheries and Food, retain their original name. and Environment accredited to the Organization for Economic Cooperation and Development (OECD).

The accumulation of tasks and responsibilities arising from the creation of the Ministry of the Environment, and the Rural and Marine Environment, makes it necessary to restructure the external service that will unify criteria and give new impetus to the international action in the fields of environmental policy, and the rural and marine environment.

This royal decree has been reported by the Higher Staff Commission.

Under the initiative of the Minister for Foreign Affairs and Cooperation and the Minister for the Environment, and the Rural and Marine Environment, on the proposal of the First Vice-President of the Government and Minister of the Presidency, and deliberation of the Council of Ministers at its meeting on 22 May 2009,

DISPONGO:

CHAPTER I

From the Ministry of Environment, and the Rural and Marine Environment

Article 1. Definition.

the Environment and Rural and Marine Ministries are specialized technical bodies of the Spanish Diplomatic Missions, for the development of the functions that, within the framework of the competences of the Ministry of Environment, and Rural and Marine Environment, entrust them with this royal decree, without prejudice to the powers of direction and coordination of the Heads of the respective Diplomatic Missions.

Article 2. Dependency.

Without prejudice to the hierarchical dependence of the Head of the Diplomatic Mission, the Ministry of the Environment, and the Rural and Marine Affairs Department are administrative and budgetary dependent of the Undersecretary of the Ministry of the Environment, Rural and Marine Environment, through the Technical General Secretariat, and will maintain the appropriate functional relations with the different management bodies of the department, according to the area of competence of the actions that are carried out. The Secretariat of the Department, through the Technical General Secretariat, shall be responsible for defining the actions and programmes of action, its internal organisation and budgetary allocation, as well as its technical inspection and control.

Article 3. Creating, modifying, and deleting.

1. The creation, modification or abolition of a Council of Ministers will be carried out by royal decree, at the joint initiative of the Ministers of the Environment, and the Rural and Marine Environment, and of Foreign Affairs and Cooperation and on the proposal of the Vice-President. of the Government and Minister of the Presidency.

2. The annex to this royal decree lists the Ministry of the Environment, and the Rural and Marine Ministry currently in existence.

Article 4. Functions.

1. As a general rule, the action of the Consejeries will focus on external support for the exercise of the functions assigned to the Ministry of the Environment, and the Rural and Marine Environment.

Likewise, the Consejeries will collaborate, in the field of their competences, in the achievement of the general objectives of the Diplomatic Mission in which they are framed.

2. In particular, the Consejeries will perform the following functions in the field of the environment, and rural and marine:

a) Provide advice and technical assistance, report and perform functions of support to the leadership and other bodies of the Diplomatic Mission.

b) Prepare, participate and provide advice in working groups, committees, joint committees or other meetings with national administrations, and prepare the relevant reports.

c) Maintaining contacts and establishing links and standing channels of communication with the administrations of the receiving country, as well as with its public or private institutions and representative organizations of the sectors environmental, agricultural, fisheries, food and rural development, by means of the preparation and organisation, where appropriate, of bilateral meetings or visits, the implementation of the arrangements entrusted to them by the central services or by the Head of Mission and the establishment of channels for the presentation or reception of relevant information at the disposal of those.

d) Obtain, select and transmit, new regulations, reports, documentation and, in general, any information that may be relevant to a better knowledge of the policy, legislation or administrative practices of the Country or countries of accreditation of the Department, as well as of the International Organizations to which it is accredited.

e) Support the monitoring and evaluation of the implementation of bilateral agreements or other specific agreements and protocols, proposing, where appropriate, adaptations and improvements in them and carrying out the actions entrusted to them. for the effective implementation of the principle of reciprocity and the exchange of information.

(f) Where appropriate, perform the multilateral coordination and control actions entrusted to them within the framework of the European Union or international organisations.

g) Provide information on legislation or administrative practices to Spanish citizens or companies that perform or are to perform operations in the country concerned.

h) to analyse the structure of the agricultural, fisheries, food, rural development and environmental sectors of the country concerned, and to draw up reports on market opportunities and investment opportunities for the Spanish economic operators.

i) To collaborate with those ministerial departments and public bodies that have jurisdiction in the field, in support for the marketing of Spanish agricultural, fishery and food products, by means of specific activities.

(j) Incentives and participation in the development of cooperation projects and in their monitoring and evaluation, in the framework of the competences that the Ministry of the Environment, and the Rural and Marine Environment has attributed, and without prejudice to the Ministry of Foreign Affairs and Cooperation.

k) Collaborate in the international training of officials through temporary stays at the Ministry's Ministry abroad, directing and supervising their activities.

l) Represent in the institutional acts to the Ministry of the Environment, and the Rural and Marine Environment or the Head of Mission, when specifically assigned to it.

Any other that is entrusted to them within the framework of their competencies.

Article 5. Staff and work staff of the Ministry of Employment.

For the performance of their duties, the Board of directors will have a staff allocation according to the corresponding job relations for the official staff and catalog for the work staff.

Article 6. Budget allocation.

The Counselors will be equipped with a budget to cover their operation as an administrative unit abroad. These budget appropriations shall be entered in the General Budget of the State, through the Secretariat of the Ministry of the Environment, and the Rural and Marine Environment.

CHAPTER II

From the Councillors in the Permanent Representations

Article 7. Counselors in the Permanent Representations.

1. In the Permanent Representations of Spain to international organizations whose objectives or scope of action are related to the competition matters of the Ministry of the Environment, and the Rural and Marine Environment, they may exist, with the Names listed in the Annex, and under the responsibility of the Permanent Representative Ambassador and the Deputy Permanent Representative, the positions of Counsellor deemed necessary for the performance of the functions of the Representation. These posts, as well as those of civil servants who are functionally dependent on them, will be included in the corresponding relations of jobs and catalogues of the Ministry of the Environment and the Rural and Marine Environment.

2. The Directors in Permanent Representations of Spain shall, in general, be governed by the provisions of this royal decree concerning their dependence, functions, coordination and endowment, without prejudice to any peculiarities that may arise. derive from the specific rules of the respective Representation and the characteristics of the international organisations concerned.

3. In the Permanent Representation of Spain to the Food and Agriculture Organization of the United Nations (FAO), the head of the Spanish Diplomatic Mission in the Italian Republic, will have the status of Deputy Representative, the Environmental Adviser, and the Rural and Marine Environment, and the Alternate Representative, the Environment and Rural and Marine Environment Attaché at the Permanent Representation.

Article 8. Members of the Permanent Representation of Spain to the European Union.

1. In the framework of the powers conferred on the Permanent Representation of Spain to the European Union by Royal Decree 260/1986 of 17 January, the following functions are the responsibility of the members of Agriculture, Fisheries and Food:

(a) The advice and support at the meetings of the Council of Ministers for Agriculture and Fisheries of the European Union, as well as in those areas of agricultural, fisheries or food interest in other Council formations.

b) The representation of Spain in the Special Committee on Agriculture.

c) advice, support and participation, where appropriate, in meetings of COREPER, as well as in working groups and committees of the Council, the Commission, the European Parliament and other Community institutions, directly or indirectly indirectly with the European Union's agricultural, fisheries or food policy.

d) The preparation of reports on Community matters relating to the competences of the Ministry of the Environment and the Rural and Marine Environment, as well as the results of meetings and contacts within the institutions community.

e) Support and follow-up to experts from the Ministry of Environment and Rural and Marine Affairs participating in technical meetings of the European Union.

2. One of the Directors of Agriculture, Fisheries and Food shall assume the role of Head of the Office, also other Adviser to the Coordinator of the other Directors of the department in these matters, in accordance with the provisions of the jobs. Such circumstances shall be recorded in their appointments.

CHAPTER III

From Staff Regime

Article 9. Appointment and dismissal of the members.

1. The appointment and dismissal of the members is the responsibility of the Minister for the Environment, and the Rural and Marine Environment, heard by the Ministry of Foreign Affairs and Cooperation. The appointment shall take place by the procedure of free designation, subject to public notice. Once the appointments have been made, they shall be transferred to the Ministry of Foreign Affairs and Cooperation, which shall be accredited to the receiving State or international or multilateral organisation concerned.

2. The appointment and termination of the members of the Agriculture, Fisheries and Food Committee of the Permanent Representation of Spain to the European Union shall be in accordance with the provisions of Article 4.1 of Royal Decree 260/1986 of 17 January 1986 establishing the Permanent Representation of Spain to the European Communities.

3. Members may be terminated in their posts on a discretionary basis. They shall also cease in their posts for the duration of the normal time-limits, as long as they do not extend them, or for the purposes of reaching the limits laid down in Article 11.

Article 10. Requirements and criteria for designation of Directors.

1. The designation for a position of Counsellor in the Ministry of the Environment, and the Rural and Marine Environment, will require the following requirements:

(a) To be a career official of subgroup A1, in accordance with the provisions of Article 76 of Law 7/2007, of 12 April, of the Basic Staff Regulations.

b) Find the active service administrative situation.

(c) The official has provided his services to the Ministry of the Environment and the Rural and Marine Environment for a period of at least two years, with a view to these effects, the time of service in the suppressed Ministries of Agriculture, Fisheries and Food and the Environment.

(d) Not having held a job as Counsellor of the Ministry of the Environment and Rural and Marine Environment, as well as of Counsellor of the suppressed Ministries of Agriculture, Fisheries and Food and Environment, within a period of time. a minimum of three years prior to the date of the call, except as provided for in Article 11.2.

e) Additional requirements may be required in the call for the nature and status of the job.

2. In addition, the following criteria shall be taken into account for the resolution of the calls:

(a) On a preferential basis, have knowledge and experience in the fields covered by the competition of the Ministry of the Environment and the Rural and Marine Environment, in particular with regard to policies and standards Community and international.

b) Antiquity, years of service and level of posts or positions held in the General Administration of the State or other Public Administrations and in international organizations related to the competence of the Department.

c) Language knowledge.

d) Other objective merits specified in the corresponding call.

Article 11. Term of residence of the members.

1. The term of residence of the members in the corresponding job shall be a maximum of five years, without prejudice to the discretionary powers inherent in the free designation procedure.

However, the Under-Secretary of the Environment, and the Rural and Marine Environment may extend this period for two consecutive periods of two years each, when the needs of the service so advise, without, in any case, exceed the maximum period of 9 years.

2. For the needs of the service, the members may be appointed to another position abroad. In such cases, the maximum period of continued stay between the two posts may not exceed what is determined in the previous paragraph.

Article 12. Work staff.

1. The positions of labour personnel appearing in the relevant catalogues shall be covered after the appropriate selection tests are exceeded.

2. This staff shall be governed by the provisions of the Agreement of 3 December 2007 of the General Administration of Negotiations of the General Administration of the State on working conditions of working personnel abroad, approved by the Council Agreement of Ministers of 25 January 2008.

In the absence of this Agreement, the labor force shall be governed by the labor law of the country concerned and, in the absence of specific regulations, by local customs and customs.

Additional disposition first. Environment Counseling at the Permanent Representation of Spain to the European Union.

This royal decree will not apply to the members and coordinators of the Environment, who provide services in the Permanent Representation of Spain to the European Union. Such officials shall remain in the organic structure of the Ministry of Foreign Affairs and Cooperation.

Additional provision second. Removal of Counseling.

The Department of Agriculture, Fisheries and Food is hereby abolished at the Permanent Diplomatic Mission of Spain in the Republic of Hungary, also accredited in the Republic of Bulgaria, the Slovak Republic, the Czech Republic, the Republic of Slovenia and the Republic of Croatia.

Additional provision third. Operating instructions.

Under-Secretary of the Ministry of the Environment, and Rural and Marine Environment are authorized to issue general or specific instructions for the operation of the Ministry of the Ministry abroad.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree, and in particular:

(a) Royal Decree 1396/2003 of 17 November on the organization, functions and provision of posts of the Ministry of Agriculture, Fisheries and Food of the Diplomatic Missions of Spain.

b) Royal Decree 1525/2007 of 16 November, which regulates the presence of the State Administration abroad on its part related to the Ministry of the Environment, and the establishment of the Ministry of the Environment Environment in the Permanent Mission of Spain to the United Nations, the Permanent Representation of Spain to the United Nations Environment Programme and the Permanent Delegation of Spain to the Organization for Cooperation and Economic Development.

Final disposition first. Faculty of development.

The Ministers for the Environment, and the Rural and Marine Environment and for Foreign Affairs and Cooperation are authorised to carry out, in the field of their powers, the development of what is foreseen in 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, 22 May 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX

Counseling of the Ministry of Environment and Rural and Marine Affairs

1. There will be Environment and Rural and Marine Counselors at the following Spanish Diplomatic Missions:

a) Diplomatic Mission of Spain in the Federal Republic of Germany, also accredited in the Republic of Austria.

b) Diplomatic Mission of Spain in the French Republic.

c) Spanish Diplomatic Mission in the United Kingdom of Great Britain and Northern Ireland, also accredited in Ireland.

d) Spanish Diplomatic Mission in the Italian Republic.

e) Spanish Diplomatic Mission in the Kingdom of the Netherlands.

f) Diplomatic Mission of Spain in the Republic of Poland.

g) Spanish Diplomatic Mission in the Portuguese Republic.

h) Diplomatic Mission of Spain in the Russian Federation.

i) Diplomatic Mission of Spain in the Kingdom of Morocco, also accredited in the Islamic Republic of Mauritania.

j) Diplomatic Mission of Spain in People's Republic of China.

k) Spanish Diplomatic Mission in the United States of America, also accredited in Canada.

l) Diplomatic Mission of Spain in the Republic of Costa Rica, also accredited in the Dominican Republic, the Republic of Guatemala, the Republic of Honduras, the Republic of Nicaragua, the Republic of Panama and the Republic of Salvador.

m) Diplomatic Mission of Spain in the United Mexican States.

n) Spanish Diplomatic Mission in the Republic of Argentina, also accredited in the Republic of Chile and in the Eastern Republic of Uruguay.

o) Spanish Diplomatic Mission in the Federative Republic of Brazil.

The Ministry of Foreign Affairs and Cooperation, on a proposal from the Ministry of the Environment, and the Rural and Marine Environment, will be able to accredit the Directors assigned to the Diplomatic Missions previously mentioned, for the performance of functions in countries close to those of their respective destinations.

2. There will be a Department of Agriculture, Fisheries and Food in the Permanent Representation of Spain to the European Union. The Chief Adviser shall also have the consideration of the Minister for the Environment and the Rural and Marine Affairs to the Kingdom of Belgium and the Grand Duchy of Luxembourg.

3. Members of Agriculture, Fisheries and Food and the Environment will be present at the Permanent Delegation of Spain to the Organization for Economic Cooperation and Development (OECD).

4. With the regime and the functions established in this royal decree, the following Ministry of the Environment, and Rural and Marine Affairs will exist:

(a) Department of Environment and Rural and Marine Affairs of the Permanent Mission of Spain to the United Nations, based in New York (United States of America).

b) Department of the Environment, and Rural and Marine Environment at the Permanent Representation of Spain to the United Nations Environment Programme (UNEP), based in Nairobi (Kenya).

(c) Department of the Environment, and Rural and Marine Environment at the Permanent Representation of Spain to the United Nations Office and the Geneva-based international bodies, also accredited as a Middle Adviser Environment of and Rural and Marine Environment to the Helvetic Confederation.

(d) Department of the Environment, and Rural and Marine Environment at the Permanent Representation of Spain to the Food and Agriculture Organization (FAO), based in Rome (Italy).