To develop the role and functions entrusted to it, the Ministry of the Environment carries out an intense activity in the international arena, which has been increased in recent times. significant. This is the reason why, at present, it is impossible to envisage the development of an environmental policy which does not fall within the scope of international agreements in this field and which does not fall within a global framework of action. In this context, the implementation of programmes and projects within the framework of the United Nations (UN) requires on numerous occasions the subscription by Spain of Framework Agreements for collaboration with the United Nations Programme for the Environment (UNEP) and the Organization for Economic Cooperation and Development. Through these agreements the collaboration of Spain is channeled in the achievement of the objectives of these organizations, namely: the promotion of the capacity of governments and institutions interested in the conservation of the environment, the support technology and capacity building. The intense participation of Spain in the different organizations of the UN system, the signing of the Framework Agreement and the increase of the financial contributions, have elevated the status of Spain within the organization of the United Nations, which justifies the need to strengthen the presence of our country in this organization. On the other hand and from a logistic point of view, the international activity that the Ministry of Environment must develop in these forums presents a degree of intensity such that it justifies the creation of a bureaucratic structure in the exterior to make the mission and functions assigned to this Ministry effective and efficient. To achieve this double objective, this royal decree addresses the creation of the Ministry of the Environment, as a means to structure the presence of the State Administration abroad in its environmental aspect. In particular, the creation of the following three councils is foreseen:

1. One at the Permanent Representation of Spain to the United Nations, at its headquarters in New York.

2. One at the Permanent Representation of Spain to the United Nations Environment Programme, at its headquarters in Nairobi. 3. One at the Permanent Delegation of Spain to the Organization for Economic Cooperation and Development, at its headquarters in Paris.

main function of these Counselors would be to act as a permanent liaison between the Ministry of the Environment and the aforementioned international organizations, thus contributing to the strengthening of the most relevant role and the defense of the interests of Spain, bearing in mind that in such permanent representations there are currently no members for the environment.

From the normative point of view, this royal decree has the legal coverage provided by Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, which regulates in its articles 36 and 37 the General Administration of the State abroad, in which they are integrated, under the hierarchical dependence of the Head of the Diplomatic Mission or the Head of the Permanent Representation, the institutions and services which, in accordance with the provided for in Royal Decree 632/1987 of 8 May, governing the organization of the administration of the State abroad, can be established for the development of sectoral activities. With regard to the Staff Regulations 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 adoption of specific to adapt its precepts to the peculiarities of the staff destined abroad. This royal decree has been reported favourably by the Higher Staff Committee. In its virtue, on the initiative of the Ministers for Foreign Affairs and Cooperation and the Environment, on a proposal from the Minister for Public Administrations, and after deliberation by the Council of Ministers at its meeting on 16 November 2007

D I S P O N G O:

CHAPTER I

From the Environment Councils

Article 1. Definition.

The Environmental Counselors are specialized technical bodies of the Permanent Representations of Spain for the development of the functions that, in the framework of the competences of the Ministry of Environment, they are entrusted with this royal decree.

Article 2. Dependence.

Without prejudice to the powers of management and coordination of the Head of the respective Permanent Representation, the Environment Council is functional, administrative and budgetary to the Secretariat of the Secretariat. Ministry of the Environment, through the Technical General Secretariat. It will be up to the Environment Secretariat to define the actions and programmes for action, its internal organisation and budgetary allocation, as well as its technical inspection and control.

Article 3. Creation, modification and deletion.

The creation, modification or suppression of an environmental advisory will be carried out by royal decree of the Council of Ministers, at the joint initiative of the Ministers of Foreign Affairs and Cooperation and of the Environment and Proposal of the Minister for Public Administration.

Article 4. Functions.

In general, the Environment Ministry will support the exercise of the functions corresponding to the various higher bodies and managers of the Ministry of the Environment, in the field of their competences, and in The following functions shall be performed: 1. Of an institutional nature: (a) To provide advice, technical assistance and collaboration to the Head of the Permanent Representation in the areas of his/her competence.

b) Maintain and improve bilateral or multilateral relations between the Ministry of the Environment and the authorities, social partners and social participation entities of the international organization where find accredited. (c) actively collaborate in those acts promoted by the aforementioned institutions for which institutional participation has been requested. (d) Support the implementation of technical cooperation projects with the international accreditation organisation, in matters of its competence.

2. For information:

(a) Operate as a unit of periodic or extraordinary information of the Ministry of the Environment, according to the plan established by the Ministry of the Environment.

b) Provide information to institutions and organizations of the accreditation organization, with a legitimate interest in knowing the environmental situation of our country.

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

Article 5. Personal.

The environmental authorities will have, for the performance of these functions, the staff provided for in the corresponding relations of jobs for officials and in the catalogue of work staff in the outside.

Article 6. Budget allocation.

the Environment Council will be equipped with a budget to cover its 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.

CHAPTER II

From the Environment Councillors

Article 7. Members of the Environment in the Permanent Representations.

1. In each of the Permanent Representations of Spain to the international organizations whose objectives or scope of action are related to the areas of competence of the Ministry of the Environment may exist, under the superior the authority of the Permanent Representative, the position of the Environment Adviser when deemed necessary for the performance of the functions of the Representation. These posts, as well as those of civil servants and employees who are functionally dependent on them, will be included in the corresponding employment relations of the Ministry of the Environment.

2. The members of the Environment in the Permanent Representations of Spain, will be governed in general, by the provisions of this royal decree regarding their dependency, functions, coordination and endowment, without prejudice to the any special features which may be derived from the specific rules of the respective Representation and the characteristics of the international organisations concerned.

Article 8. Appointment and dismissal of members.

1. The appointment and dismissal of the members is the responsibility of the Minister for the Environment, heard by the Ministry of Foreign Affairs and Cooperation.

2. The appointment shall take place under the free designation procedure, upon public notice, between officials of the classification group "A", sub-group A1 referred to in Article 76 of Law 7/2007 of 7 April of the Basic Staff Regulations. Public Employee. 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 organisation concerned. 3. The members may be terminated at their positions of discretion. They shall also cease in their posts in the course of the normal time-limits, if they do not extend them, or to reach the limits laid down in Article 10 of this royal decree.

Article 9. Requirements and criteria for designation of directors.

1. In order to be appointed to a position of environmental adviser, the following requirements shall be required: (a) To be a career official and to be in the administrative situation of active service.

(b) The official has provided his services to the Ministry of the Environment for a period of at least two years. (c) Not to have occupied a position of environmental adviser abroad within a minimum period of three years prior to the date of the convocation, except as provided for in Article 10.2 of this royal decree. (d) Additional requirements may be required in the case of 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, having knowledge and experience in the fields covered by the competence of the Ministry of the Environment, in particular with regard to Community and Community policies and standards; (a) the international market.

b) Level of positions or positions held, both in the General Administration of the State and in other public administrations and in international organizations related to the environment. c) Domain of foreign languages. (d) Other objective merits specified in the call.

Article 10. Period of stay.

1. The normal period for the staff of the members of the Environment Council shall be a minimum of three years and a maximum of five years, without prejudice to the powers of discretion inherent in the procedure for the provision of work for free designation. However, before the end of the maximum period, the Under-Secretary of the Environment may agree to the extension of the post up to a sixth year, if exceptional circumstances are present.

Exceptionally, the Under-Secretary of the Environment may extend this maximum period when the needs of the service so require, without which the maximum period of 10 years cannot be exceeded. 2. For the needs of the service, the members of the Environment may be appointed to another position of the same level abroad. In such cases, the maximum period of continued stay between the two posts shall not exceed 10 years.

Article 11. Labour staff.

1. The work staff for the Department of the Environment, will be according to the catalogue of work staff abroad.

2. Their selection shall be made by public notice in the country of accreditation and their recruitment shall be in accordance with the labour law of that country. 3. As soon as the end of the contract, the provisions of his contract will be included.

CHAPTER III

The creation of the Ministry of the Environment in the Permanent Mission of Spain to the United Nations, in the Permanent Representation of Spain to the United Nations Environment Program (UNEP), and in the Permanent Delegation of Spain to the Organization for Economic Cooperation and Development (OECD)

Article 12. Establishment of the Environment Council in the United Nations, UNEP and OECD.

With the regime and the functions established in this royal decree, the following Ministry of the Environment are created: a) Environment Department of the Permanent Mission of Spain to the United Nations, based in New York. York (United States of America).

b) Department of the Environment, in the Permanent Representation of Spain to the United Nations Environment Programme (UNEP), based in Nairobi (Kenya). (c) Council of the Environment in the Permanent Delegation of Spain to the Organization for Economic Cooperation and Development (OECD), based in Paris (France).

Article 13. Organic structure.

The organic structure of these Environmental Councils will be determined in the corresponding relations of jobs of official staff and in the catalogue of work personnel abroad, without this in no case can it lead to an increase in public expenditure.

Article 14. Costs of opening, installation and operation.

The expenses that will lead to the opening, installation and operation of the environmental services that are created will be covered by the credits provided for the Environment Ministry of the Ministry of the Environment, Therefore, there will be no increase in public spending.

Additional disposition first. Environmental Counseling in 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. These officials will remain in the organic structure of the Ministry of Foreign Affairs and Cooperation.

Additional provision second. No increase in public expenditure.

The application of the forecasts contained in this royal decree, as well as the implementation of the organizational measures resulting from it, will not imply an increase in public spending.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Final disposition first. Powers of development.

1. The Minister for the Environment is authorised to develop, in the field of his powers, what is foreseen in this royal decree.

2. The Under-Secretary of the Environment is authorized to issue the precise instructions for the operation of the Environmental Counselors.

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, 16 November 2007.

JOHN CARLOS R.

The Minister of Public Administration, ELENA SALGADO MENDEZ