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Royal Decree 1403 / 2007 Of 26 October, Which Approves The Statute Of The Spanish Agency Of International Cooperation For Development.

Original Language Title: Real Decreto 1403/2007, de 26 de octubre, por el que se aprueba el Estatuto de la Agencia Española de Cooperación Internacional para el Desarrollo.

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The new challenges posed by poverty, underdevelopment and inequality in the world at the beginning of the 21st century have been the subject of analysis and reflection in the major international conferences held in the 1990s under the United Nations, committed in the search for solutions to challenges essential to humanity, such as those related to childhood (New York, 1990), education (Jomtien, 1990), the environment (Rio de Janeiro, 1992), human rights (Vienna, 1993), population (Cairo, 1994), social development (Copenhagen, 1995), women (Beijing, 1995) or food (Rome, 1996). This pooling of challenges at the beginning of the century resulted in an unequivocal commitment by the international community to the Millennium Development Goals set out in the Millennium Declaration adopted in New York. York in 2000. Subsequently, other conferences held in the present decade, such as the one dedicated to sustainable development in Johannesburg or the financing for development in Monterrey, made it possible to deepen the commitments needed to achieve these goals. objectives.

The Spanish government, which subscribes and supports the declarations and commitments approved by the international community of which it is a party and which has also signed the declarations of Rome, in 2003, and of Paris, in 2005, on the effectiveness of the aid, it wishes to be in the first line among the developed countries in the unavoidable task of the fight against poverty and the promotion of the sustainable human development and, consequently, makes a clear bet for the increase of the quantity and by improving the quality of official development assistance, determined to be of the greatest benefit to those people, peoples, and countries to serve.

The Spanish Agency for International Cooperation for Development (AECID), which will be attached to the Ministry of Foreign Affairs and Cooperation through the Secretariat of State for International Cooperation, is, as stated the Law of State Agencies for the Improvement of Public Services, the organ of promotion, management and implementation of the Spanish policy of International Development Cooperation (without prejudice to the powers assigned to other departments (ministerial) Therefore, its objectives, objectives and objectives are those of Spanish cooperation: the fight against poverty and the promotion of sustainable human development in the developing countries, particularly those contained in the Plan Director in force every four years.

This is undoubtedly a complex task, first of all, for the different dimensions of development, related both to access to resources and to the design and implementation of public policies that promote economic growth, social equity, environmental sustainability, freedom, human security and gender equality; and, all of this, respecting the cultural diversity of peoples. Secondly, because of the high number of countries where action has to be taken, many of them among the poorest or poorest on the planet, bearing in mind that the different realities, needs and strategies of development need to be adapted. each of them. The Spanish Cooperation Director Plan currently in force recognizes twenty-three priority countries and another thirty among the preferred and special attention countries.

In addition to being a complex task, it is also an unavoidable task from any perspective that is contemplated, that has been approached with increasing intensity and that must continue to be promoted with the greatest guarantees of success. To this end, in the Spanish Government's view, a number of elements should be taken into account, including the following:

First, the understanding of the phenomenon of poverty as an injury to human rights, in particular the right to the development of the peoples recognized by the international community and as the situation of lack of It is only revenue, but also opportunities, capabilities and options to sustain a decent standard of living, which must lead Spanish cooperation to attack the causes of poverty and not just its most lacerating manifestations. The purpose of the performance of the AECID shall be for the full exercise of the right to development. From this approach, development, as a fundamental human right, in its double aspect of increasing individual and collective capacities, is the substantive objective of development cooperation, with the fight against poverty as part of the process of building this right.

Secondly, the unequivocal commitment to the central goal of reaching, with the contest of the entire international community, the Millennium Goals approved at the Millennium Summit in New York in 2000 by all governments. of the world.

In the third place, in line with the above, the need to build international economic relations that are more responsive to the goal of development. For this reason, and according to objective 8 of the Millennium Declaration, it is the will of the Spanish government to make decisive progress in achieving greater coherence between the various public policies and the goal of development.

In the fourth place, the conviction that in all actions of cooperation and development, three cross-cutting elements must be integrated without which there will be no progress towards sustainable human development: the gender perspective, environmental quality and respect for cultural diversity.

In the fifth place, the commitment to coordination, dialogue and complementarity between the different actors and agents of Spanish cooperation, in order to promote citizen participation, to achieve the coherence that advocates public policies and the goal of development and promote the quality and effectiveness of aid.

In sixth place, the commitment to the existing international consensus on the so-called Partnership for Development, which implies the necessary coordination, dialogue and conjunction of efforts among partner countries to achieve the the Millennium Development Goals and the promotion of the role of the country that receives cooperation in its own development process. This is further realized in the declarations of Rome and Paris on the effectiveness of the aid that the Spanish government has subscribed and defended.

the political decision demanded by Spanish citizens in favour of development and the fight against poverty and, on the other hand, the implementation of an effective cooperation policy in its aims and objectives, need an Agency that is a reference in the Spanish system of cooperation, able to manage and implement in a useful and effective way an important budget in development cooperation projects and programmes. At the same time, a development agency is required which, in close coordination with the competent units of the Ministry of Foreign Affairs and Cooperation, participates in the policy dialogue with partner countries and coordinates and interacts with other development actors, national and international, particularly on the ground, to respond to the challenges mentioned.

The Law of State Agencies for the Improvement of Public Services provides an appropriate framework for the adequacy of the organizational structure, the human resources regime and the economic and financial regime, so that the Spanish development cooperation policy has an instrument, the AECID, capable of fulfilling the mission that has been given to it and the tasks entrusted to it.

In addition, with this regulatory framework, the new Agency is part of the process of organizational modernization and innovation of the Spanish Public Administration, thus enabling it to provide a new culture of management, in the development of the administration by objective, the evaluation of results and the participation of its staff, all in a framework of greater flexibility and management responsibility. This will respond to the public demand for greater transparency, quality and efficiency in the management of public services and policies, as well as in the use of the resources allocated to them. The AECID will contribute to the development of a model of public management oriented to the service of general interests and to the search for continuous improvement in their daily work.

The new Agency, which is nourished by the experience and knowledge accumulated by the professionals and units of the Spanish Agency of International Cooperation, will have to continue counting with people from different bodies of the public function at different levels of responsibility, including managerial posts, maintaining the balance that is appropriate for the institution's work as a whole. The new Agency will also be among the management staff with experts who have made their professional career abroad, linked to international organizations or to the Spanish cooperation network, according to the possibility that the Law of State Agencies to allow the Statutes to provide for senior management positions to be covered by senior management contracts.

To this end, this royal decree is approved, consisting of a single approval article of the AECID Statute and of four additional provisions, a transitional one, a repeal and two endings.

In the sole article the approval of the Staff Regulations, with reference to the attached text and declares its formal creation, in application of the authorization given to the Government by the Additional Disposition third of Law 28/2006, of 18 of July, State agencies for the improvement of public services.

The first four additional provisions are intended to order the transfer of the functional and material elements and personnel of the Spanish Agency of International Cooperation to the AECID, with the abolition of the the first and the replacement of the normative references, as well as the subrogation of the latter in their goods rights and obligations, the integration of the official staff and of the labor personnel, the continuity of the selective processes that are In March, the Committee of the European Parliament and the Committee of the European Management team of the Agency of the provisions of Article 16 of Royal Decree 674/1993, of 7 May, of the provision of jobs abroad and promotions of the officials, in the wording given by Royal Decree 805/2000, of May 19. The abolition of the General Subdirectorate of Conventions and Programmes of the Ministry of Foreign Affairs and Cooperation and its integration, both budgetary and personal, in the AECID. For its part, the fifth additional provision concerns the coordination procedures arising from the assignment of the AECID to the Ministry of Foreign Affairs and Cooperation.

The transitional provision first part of the need to give full continuity to the Spanish policy of development cooperation, so it is necessary that until the effective constitution of the new organs of government and AECID executives will continue to be responsible for the AECI. The second transitional provision clarifies that the action of the Agency will be carried out in the context of the Memory until the Management Contract is approved. For its part, the third transitional provision provides that the Agency will maintain the budgetary and credit adjustment arrangements for the previous autonomous body during 2007.

The repeal provision eliminates the organisational rules relating to the AECI and the final provisions enable the Ministries of Foreign Affairs and Cooperation and the Ministry of Economy and Finance to adoption of the necessary measures for the implementation of the AECID and point out the entry into force of this Royal Decree.

For its part, the Statute which by the same royal decree is approved, is structured in nine chapters and an Annex that collect in an orderly way the different aspects that, according to the Law 28/2006, of July 18, of Agencies State for the improvement of public services, it must contain the Statute of a State Agency.

In line with the explicit political will for greater and more effective cooperation for development, the royal decree properly creates and endows the AECID to fulfill its mission, as set out in Chapter I of its Statute, concerning the promotion, management and implementation of public policies of international cooperation for development aimed at the fight against poverty and the achievement of sustainable human development in developing countries.

In Chapter II, clear objectives are set for the Agency, in line with its mission, and the Agency is equipped with a wide range of functions and instruments for achieving them. Among them, and first of all, it enables the AECID to direct, design, coordinate and implement development cooperation programmes and projects aimed at combating poverty and promoting sustainable human development in the social sphere, institutional, environmental, gender equality, cultural, university, scientific, economic and productive.

Chapter III of the Statute contains the principles and values which the Agency must maintain in its action, with reference to its public responsibility, transparency, cooperation between administrations, the quality of the service The public is lending and professional ethics. It also includes the principles emanating from the declarations of Rome and Paris on the effectiveness of the aid, which requires the AECID to promote the institutional capacities of the partner countries, to actively support their own efforts, priorities and strategies to reduce poverty, work in close coordination with other donors and, on the other hand, in a pace and scope to be defined by the Agency's Governing Council in the framework of what is established in the Contract of Management, to strengthen its external network and to gradually carry out a process of decentralization powers in the bodies acting on the ground.

Chapter IV includes the organisation of the Agency, refers to the functions of its Presidency, the Governing Council and the Director, and establishes that the Presidency of the Agency shall be the head of the Secretariat of State of the Agency. International Cooperation. This Chapter includes the composition of the Rector Council and also establishes, within the Council itself, a Standing Committee which, without prejudice to the functions of the Governing Council, will allow for a more agile operation in the resolution of the The day-to-day. An Advisory Council consisting of persons of recognised experience and knowledge in the field of development, which shall be of an advisory nature, shall also be established as a subsidiary of the Presidency. The Office of Humanitarian Action, which will be responsible for coordinating the prevention, management of humanitarian action and post-conflict management, is hereby established as a subsidiary of the Presidency in its strategic direction.

Chapter IV also includes the structure that is necessary for the AECID to have sufficient capacity and agility to achieve its objectives. In addition, the Law 23/1998 of International Cooperation for Development that articulates the policy of cooperation on two axes of priorities, those of a geographical nature and the sectorial ones, is thus fulfilled. certain areas of priority action. In relation to the structure of the previous organism, in the AECID, it is worth highlighting the strengthening of the following areas:

1. The area of cooperation with sub-Saharan Africa, so that the Agency can meet the required effort in a geographical area defined as a priority in the current Director Plan;

2. The sectoral and multilateral area, to cover the needs of the transversal cooperation, thus allowing its approval with other development agencies of our environment and, on the other hand, to carry out the work of interlocution with the NGDOs;

3. The direction of the AECID, which will be strengthened to pay special attention to the operational programming, monitoring, monitoring and analysis for the improvement of the quality of the aid, as well as the communication, awareness and education for the development, with the means to be determined in the management contract.

4. The horizontal areas, with the creation of a General Secretariat that will integrate a department of human resources and reconciliation, a department of economic, financial and budgetary management and a department of systems and technologies of the information. Special attention will be given from the General Secretariat to the reconciliation of family and work life and equality in the Agency, as well as to the organisation and quality.

The characteristics and administrative level of the Departments listed in this Statute are set out in the Memory. The Divisions and other units that, if any, will integrate the Departments, will be established and developed in the Management Contract.

Moreover, Chapter IV, in the framework of the Law of International Cooperation for Development and giving coherence to the unit responsible for the policy of cultural and scientific relations, integrates the Subdirección General de cultural and scientific programmes and conventions in the structure of the Agency.

Finally, Chapter IV also deals with the conditions under which certain cross-cutting working groups will be set up in order to strengthen the relations between the various units and to have a more flexible and flexible organisation. functional.

Chapter V refers to the management contract and establishes that it will last for four years, taking as a reference the duration of the Plan Director of the Spanish cooperation to which the AECID must contribute.

Chapter VI, for its part, includes the Agency's operating system and means. In particular, the arrangements applicable to the procurement and the assets of both the own property and the assets assigned to it are detailed. The Director of the Agency shall also be empowered to represent third parties in the proceedings relating to the assets and rights of the Agency and in the field of inventory. In both cases the Director shall be accountable to the Governing Board.

Chapter VII, referring to the staff arrangements, in addition to listing the various types of recruitment, contains the following main developments: firstly, it is the responsibility of the Agency's Governing Council-in the framework of the of the contract of management-the approval of the Relationship of Jobs; second, it establishes the character of the managerial staff of the general coordinators responsible of the technical offices of the AECID in the exterior and the directors of training centres and cultural centres, in line with the strengthening of the experience the Agency's external units, in accordance with the complexity of the new tasks to be carried out on the ground; and, thirdly, it is explicit that the mobility of staff between the headquarters and the units of cooperation in the External is a necessity in an Agency with presence in dozens of countries.

In Chapter VIII, the Agency's economic resources are detailed, including the possibility of new funding routes. The arrangements applicable to the budget of the Agency are also included in this chapter and the Director is given the opportunity to authorise the necessary budgetary changes which do not affect the amount of staff expenditure or the amount of expenditure of the budget. In this respect, the Agency is given greater budgetary flexibility. The arrangements applicable to accounting are also regulated, with the introduction of a management accounting system of particular importance to enable the monitoring of compliance with the commitments made in the contract of employment to be carried out. Management.

Finally, Chapter IX regulates provisions and legal assistance.

Under its virtue, at the initiative of the Ministry of Foreign Affairs and Cooperation, on a proposal from the Ministers of Public Administrations and the Economy and Finance, in agreement with the Council of State and after deliberation by the Council of Ministers at their meeting on 26 October 2007,

D I S P O N G O:

Single item. Creation of the Spanish Agency for International Cooperation for the Development and Approval of its Statute.

By virtue of the authorization given to the Government in the third provision of Law 28/2006, of July 18, of State Agencies for the improvement of public services, the present royal decree aims to create the Spanish Agency for International Cooperation for Development, to which the Staff Regulations of that Agency are adopted, the text of which is inserted below.

Additional disposition first. Constitution of the Spanish Agency for International Cooperation for Development.

1. The establishment of the Spanish Agency for International Development Cooperation will take place with the holding of the constituent meeting of its Rector Council, which will take place within the period of forty-five days from the moment of the entry into force of this royal decree.

2. From that date on, the Agency shall carry out the tasks referred to in Article 3 of its Staff Regulations and shall take over the tasks of the Spanish Agency for International Cooperation and shall be subrogated to the whole of the goods, rights and obligations established in relation to the latter Agency.

3. Likewise, all the normative references concerning the Spanish Agency for International Cooperation will be understood as referring to the Spanish Agency for International Cooperation for Development.

Additional provision second. Suppression of a stand-alone body.

From the effective constitution of the Spanish Agency for International Cooperation for Development, the autonomous agency Agencia Española de Cooperación Internacional and the following bodies will be deleted: Secretariat General, Directorate-General for Cooperation with Latin America, Directorate-General for Cooperation with Africa, Asia and Eastern Europe, Directorate-General for Cultural and Scientific Relations, Technical Cabinet, Subdirectorate-General for Multilateral Cooperation and Horizontal, Deputy Secretary-General, Deputy Directorate-General for Cooperation with Mexico, Central America and the Caribbean, Subdirectorate-General for Cooperation with the Countries of South America, Subdirectorate-General for Cooperation with Countries of the Mediterranean and Eastern Europe, Subdirectorate-General for Cooperation with the Countries of Africa Sub-Saharan and Asia, Subdirectorate-General for Foreign Cultural Cooperation and Promotion and the General Subdirectorate of Fellowships, Lectorates and Exchanges, as well as the General Subdirectorate of Conventions and Programs under the Secretariat of State International Cooperation of the Ministry of Foreign Affairs and Cooperation.

Additional provision third. Integration of personnel into the Agency.

1. The official staff who provide services to the Spanish Agency for International Cooperation in the areas affecting the competence and functions of the Spanish Agency for International Cooperation for Development and that of the Subdirectorate General of Conventions and Programmes of the Ministry of Foreign Affairs and Cooperation shall become part of the staff at the service of the Agency, with the same status, seniority and grade as it has, remaining in the situation of active service on his/her body or scale of provenance, respecting his/her remuneration.

2. Similarly, the Agency shall be subrogated in its own terms and without any alteration of its conditions, in the contracts of work concluded with personnel subject to labor law, both of the Spanish Agency of International Cooperation and of the Sub-Directorate-General for Conventions and Programmes of the Ministry of Foreign Affairs and Cooperation.

3. With regard to the remuneration of the staff referred to in paragraphs 1 and 2 above, the amount of the economic rights and other consolidable allowances inherent in the current system of career shall not be reduced. such staff at the time of the entry into force of this Statute, whatever the administrative situation in which they are located.

4. The Agency shall also be subrogated and shall bring to term the selective processes which, at the date of its actual formation, are in progress for the provision of the posts of official and labour personnel in the areas affecting their competence and functions.

Additional provision fourth. Application to the members of the Diplomatic Career of the provisions of Article 16 of Royal Decree 674/1993 of 7 May 1993, of the provision of foreign jobs and promotions of officials, partially modified by the Royal Decree 805/2000 of 19 May.

The members of the Diplomatic Career who hold the positions of the Steering Team provided for in Article 38.2 of the Statute of the Spanish Agency for International Cooperation for Development shall apply the provisions of this Article. with regard to the High Charges of the Ministry of Foreign Affairs and Cooperation, in Article 16 of Royal Decree 674/1993 of 7 May 1993, of the provision of foreign jobs and promotions of officials, in the wording given by Royal Decree 805/2000 of 19 May.

Additional provision fifth. Coordination procedures arising from the assignment of the AECID to the Ministry of Foreign Affairs and Cooperation.

By the Ministry of Foreign Affairs and Cooperation the necessary coordination procedures will be established for the correct exercise of the powers and responsibilities arising from the membership of the AECID, In accordance with the provisions of the first subparagraph of paragraph 2 of Law 28/2006 of 18 July, State Agencies for the Improvement of Public Services.

First transient disposition. Guarantee of continuity in the implementation of the Spanish policy of international cooperation for development.

Notwithstanding the provisions of the second provision of this royal decree and the effect of ensuring continuity in the implementation of the development cooperation policy, the management bodies of the Agency Spanish de Cooperación Internacional, will continue transiently in the performance of their duties until the appointment of the Director and the management staff of the Spanish Agency for International Development Cooperation.

Second transient disposition. Management Contract.

1. Until the Management Contract is approved, the Agency's action, including the management of jobs and the approval of the budget, will be carried out in the framework of the approved report, as referred to in Article 3 of the Law of Agencies. State. Also and until the Management Contract is approved, the Initial Action Plan contained in the Agency's Memory will perform the functions of the Agency.

2. Within three months of the Governing Council being set up and once the executive bodies have been appointed, the Council shall approve the proposal for an initial management contract.

Transitional provision third. Budgetary regime applicable during the financial year 2007.

The budgetary regime of the Spanish Agency for International Cooperation is maintained as an autonomous body, for the purposes set out in the last paragraph of the additional 42/2006-fifth provision of Law 42/2006, 28 of December, for the General Budget of the State for the entire 2007 financial year.

Single repeal provision. Regulatory repeal.

The provisions of the same or lower rank are repealed as set out in this royal decree and, in particular, Royal Decree 3424/2000 of 15 December approving the Statute of the Agency Spanish de Cooperación Internacional y el artículo 15.3 del Real Decreto 1416/2004, de 11 de june por el que se modifies y desirola la structura basicación del Ministerio de Atos Exteriores y de Cooperación en la rewriting dada al mismo por el Real Decree 755/2005 of 24 June.

Final disposition first. Regulatory development and implementation.

1. The Minister for Foreign Affairs and Cooperation is hereby authorised to take the necessary measures for the development and implementation of this royal decree.

2. The Ministry of Economy and Finance will also carry out the necessary budgetary changes for the transfer of the budget of the General Subdirectorate of Conventions and Programmes of the Ministry of Foreign Affairs and Cooperation to the Spanish Agency for International Cooperation for Development from 1 January 2008.

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, on October 26, 2007.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

STATUTE OF THE SPANISH AGENCY FOR INTERNATIONAL DEVELOPMENT COOPERATION

CHAPTER I

General provisions

Article 1. Nature, purpose and legal status.

1. In accordance with the authorisation provided for in the third provision of Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services, the Spanish Agency for International Development Cooperation constitutes an entity governed by public law as provided for in Article 2 of that law.

2. Its purpose is to promote, manage and implement public policies of international cooperation for development, aimed at the fight against poverty and the achievement of sustainable human development in developing countries,

3. The Spanish Agency for International Cooperation for Development, attached to the Ministry of Foreign Affairs and Cooperation under the terms provided for in Article 22 of this Statute, is governed by the Law of State Agencies. Statute, and, in addition, by the rules applicable to entities governed by public law attached to the General Administration of the State. It shall also be governed, as soon as it is applicable, by the provisions of Law 23/1998 of 7 July 1998 on International Cooperation for Development.

4. The Agency has its own distinct public legal personality, equity and treasury, and management and functional autonomy within the limits established by the Law on State Agencies and by this Statute.

Article 2. Administrative powers and relations with other administrations.

The Spanish Agency for International Cooperation for Development is responsible for the exercise of the necessary administrative powers for the fulfilment of its objectives, within the powers conferred on it. functions, in the terms set out in this Statute and in accordance with applicable law.

The relations of the Agency with the organs of the General Administration of the State and the other public administrations, to which the exercise of their functions and powers will take place, shall be maintained by the President of the Agency. Agency, in the framework that, on a proposal from this, the Council Rector establishes. All this, without prejudice to those which, if necessary, may correspond to the Minister for Foreign Affairs and Cooperation, in his capacity as the Head of the Agency's Department of Agency. The President may delegate the exercise of those relations to the Director of the Agency.

Article 3. Collaboration with the autonomous communities and local authorities.

1. The Agency may collaborate with the autonomous communities through collaboration agreements on specific subjects in the field of their respective competences.

2. The Agency may also enter into agreements with the local authorities and the Spanish Federation of Municipalities and Provinces or any other public territorial entity, subject to the conditions specified by them.

CHAPTER II

Purposes, functions, and instruments of action

Article 4. Finnish.

The Agency as a body for the promotion, management and implementation of public development cooperation policies is particularly empowered to pursue the following purposes, without prejudice to the powers and activities of the Agency. developed in these areas by other ministerial bodies and, where appropriate, in close coordination with them:

1. Contribute to poverty reduction in developing countries.

2. Promote sustainable human development in developing countries, enhancing the capacity of partner countries themselves.

3. Contribute to peace, freedom and human security, promoting respect for human rights and the development of democratic systems.

4. Promote social cohesion through the promotion and promotion of public policies related to good governance in developing countries.

5. Contribute to the achievement of the goals of the Millennium Declaration and the Millennium Development Goals adopted at the Millennium Summit of the United Nations in 2000 and also contribute to the achievement of goals to be agreed in the future. United Nations Development Summits assumed by the Spanish Government.

6. Promote gender equality in developing countries, through sectoral and cross-cutting actions in cooperation programmes and projects and the promotion of equality policies.

7. Contribute to the improvement of environmental quality in developing countries through sectoral and cross-cutting actions in cooperation programmes and projects and the promotion of environmental policies.

8. Enhance humanitarian action, covering both prevention and care in emergency and reconstruction situations.

9. Raise awareness and educate for development, both in Spain and in partner countries.

10. To promote the role of culture and knowledge in development, paying particular attention to the promotion of respect for cultural diversity.

Article 5. Functions.

The Agency is particularly empowered to carry out the following tasks, without prejudice to the powers and activities carried out in these areas by other ministerial departments and administrative bodies. Public and, where appropriate, in close coordination with them:

1. To direct, design, coordinate and implement programmes and projects and other development cooperation activities aimed at combating poverty and promoting sustainable human development in the social, institutional, environmental, of gender, cultural, university, scientific, economic and productive equity, all in the framework of the Contract of Management that is approved according to the contents established by the Plan Director of the Spanish cooperation that is in force and under the principles of policy coherence and complementarity of actors in the Plan Director.

2. Contribute to ensuring the coordination of development policies with other bilateral and multilateral development and cooperation agencies, especially in the field of the European Union and the United Nations system, in close coordination with the competent bodies of the Ministry of Foreign Affairs and Cooperation.

3. Implement and jointly finance development programmes and projects with other bilateral and multilateral cooperation and development agencies in the framework of the Paris Declaration on aid effectiveness and other agreements and declarations International subscribed by the Spanish government.

4. To coordinate development cooperation interventions with the various Spanish cooperation agents recognised in the Director-General Plan in order to ensure the coherence, effectiveness and quality of the actions taken by the European Community as a whole. Spanish cooperation. Such coordination shall be carried out in accordance with the competent bodies of the Ministry of Foreign Affairs and Cooperation.

5. Represent, by itself or in coordination with other organs or agencies of the Administration, the Spanish Administration in meetings, forums and national and international institutions related to the matters and functions of its competence. As for those of an international nature, it will coordinate the activities that correspond to the Ministry of Education.

6. Coordinate and execute humanitarian action abroad.

7. Promote and implement actions aimed at raising awareness and education for development in close coordination with the competent bodies of the Ministry of Foreign Affairs and Cooperation and with other actors in Spanish cooperation.

8. Support and encourage public or private initiatives that contribute to the achievement of the Agency's objectives.

9. Carry out or commission and disseminate relevant studies for development, in particular those related to the role of the cooperation agencies and their impact on development.

10. Provide support and collaboration to other ministerial departments and other public administrations in the development of international cooperation programmes and projects.

11. Provide technical assistance in the field of development cooperation to other national and international agencies and actors.

12. Encourage, support and finance institutions, and initiatives to create international, regional and subregional institutions with Spanish participation that promote the objective of development cooperation, among associations, foundations, Non-governmental development organisations and companies.

13. Execute the functions and powers conferred on the Ministry of Foreign Affairs and Cooperation for the promotion and development of cultural and scientific relations with other countries.

14. Support the Secretariat of State for International Cooperation in its role in assisting the Minister of Foreign Affairs and Cooperation in defining and implementing the development cooperation policy.

15. To develop in the framework of existing legislation, how many other activities can contribute to the fulfillment of their goals.

Article 6. Instruments.

The Agency may develop the above functions through the modalities and instruments of cooperation provided for in the Plan Director of the Spanish Cooperation in force, including 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 multilateral and multi-donor funds and programmes of international development agencies, humanitarian action, grants to States, grants to non-governmental development organizations and other actors and entities promoting cooperation, implementation and support for actions related to social awareness and education for the development and management of the microfinance.

CAPITULO III

Agency Principles of Action

Article 7. Basic principles of administrative action.

The Agency shall respect in its performance the principles of general interest, objectivity, effectiveness, economy and service to the citizen and specifically the following:

a) Principle of transparency and participation, understood respectively as the accountability to the citizenry and as the commitment of consultation and participation of those interested in carrying out their work.

b) Principle of autonomy and responsibility, understood respectively as the capacity of the Agency to manage with autonomy, in the terms provided for in this Statute, the means placed at its disposal to achieve committed objectives, assuming the consequences of the results achieved.

c) Principle of inter-administrative cooperation and institutional participation, respectively, as the active willingness to collaborate with other Departments and Agencies of the State Administration and with others Public Administrations and Institutions.

d) Principle of quality and continuous improvement, understood as the systematic commitment to self-assessment and the use of models of excellence that enable the establishment of areas for improvement and the provision of services in an innovative way.

e) Principle of professional ethics and public responsibility, understood as the commitment of the staff of the Agency and especially its management staff to observe in its performance the values contained in the code of ethics professional staff of the Agency, when approved, and in those of the rules applicable to public employees of the General Administration of the State, in particular Articles 52 to 54 of Law 7/2007, of 12 April, of the Basic Staff Regulations Public Employee.

Article 8. Principles of the Declarations of Rome and Paris.

The Agency in its action to the developing countries will gradually include the principles emanating from the Rome Declaration, 2003 and the Paris Declaration 2005 on the effectiveness of the aid that the Spanish Government has subscribed.

Article 9. Transparency and citizen participation.

The principle of transparency and citizen participation will be realized in the following aspects:

(a) Once the action plan, the general activity report and the annual accounts have been approved, a summary of each of these documents shall be published in the Official Gazette of the State, indicating, in that publication, the web address in which the total content of the same can be accessed.

(b) The Agency shall pay particular attention to the performance of its tasks to the consultation and participation of organised civil society and actors involved in the fight against poverty and sustainable human development.

c) In the prior assessment of the regulatory impact, the opinion of the entities concerned will be consulted.

d) The result of the activities of the AECID will be accessible to the citizens and to the various economic, cultural and social actors interested through the information and communication plan that will be approved by the Council effect and will be incorporated into the Agency's website.

CHAPTER IV

Organization

Section 1

Article 10. Governing bodies.

1. They are the governing bodies of the Spanish Agency for International Development Cooperation:

i. The President.

ii. The Governing Council.

2. The designation of the members of the Governing Council will tend to parity between men and women

Article 11. The President.

1. The Presidency of the Agency shall be held by the holder of the Secretariat of State for International Cooperation.

2. The President, in addition to the Presidency of the Governing Council of the Agency and chairing its meetings, as well as those of the Standing Committee, shall agree on the convening of the plenary sessions and on the establishment of the agenda. The following functions:

(a) Vellar for the achievement of the objectives assigned to the Agency.

b) Exercise the top management of the Agency.

c) Exercise the top management of the Office of Humanitarian Action.

d) to provide for the Agency's institutional and legal representation, without prejudice to the delegations which it may lay down in the Director of the Agency and of the tasks which it may correspond to in the ordinary exercise of its powers; competencies.

e) The signing of collaboration agreements, Memorandums of Understanding, Joint Commissions Acts, Implementation Agreements or other legal instruments, which may generate commitments or obligations for the Agency, without prejudice to the delegations which, where appropriate, are established.

f) Propose to the Governing Council the appointment and termination of the Agency's Director.

g) Report to the Ministry of Education and the Ministries of Public Administrations and Economy and Finance on the implementation and fulfilment of the objectives set out in the Management Contract.

h) Perform how many other functions are attributed to you by legal or regulatory rule.

i) All other powers that correspond to him as the President of a collegiate body as provided for in Article 23 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Procedure Common Administrative.

3. In the event of absence, vacancy or illness or other legal impediment to the President, the Director of the Agency shall be replaced by his duties.

4. In accordance with Article 2 of Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services, the resolutions of the President of the Agency deplete the administrative route.

Article 12. The Governing Council.

1. The Governing Council is the collegiate governing body of the Spanish Agency for International Development Cooperation.

2. The Governing Council shall be composed of the following members:

(a) President: President of the Agency. Spanish International Cooperation for Development.

b) Vocals:

Director of the Agency, who will chair the meetings in the absence of the President.

The Director/General of Foreign Policy of the Ministry of Foreign Affairs and Cooperation.

The Director General of Development Policy Planning and Evaluation at the Ministry of Foreign Affairs and Cooperation.

The Director/General of International Economic Relations of the Ministry of Foreign Affairs and Cooperation.

Two officials from the Ministry of Foreign Affairs and Cooperation, appointed freely by the Minister, with the rank of Deputy Director General or equivalent.

On behalf of other Ministries (with minimum Director/General level), the Rector Board will integrate four people:

The Director General of International Finance of the Ministry of Economy and Finance Ministry of Economy.

The Chief Investment Officer of the Ministry of Trade, Commerce and Tourism Secretariat of the Ministry of Commerce.

A representative of the Secretariat of State of Finance and Budget of the Ministry of Economy and Finance to appoint its holder.

A representative of the Ministry of Public Administration to appoint its holder.

On behalf of the workers, two representatives appointed by the most representative trade union organizations of the General Administration of the State.

(c) Secretary: the Secretary/General of the Agency, who shall attend the meetings with a voice but without a vote.

3. The members of the Governing Council shall be appointed, and in cases where appropriate, by the Minister for Foreign Affairs and Cooperation.

4. The Rector Board shall hold sessions at least quarterly on a regular basis.

5. They may attend the meetings of the Governing Council with a voice but without a vote, all persons who are convened by their President as experts in the subjects included on the agenda.

6. The Governing Council, as well as the other collegiate bodies provided for in this Statute, shall adjust its action, as far as it applies, to the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal of Public Administrations and of the Common Administrative Procedure.

7. The members of the Governing Board shall receive the compensation for travel expenses, stays and transfers that may correspond to them in application of Royal Decree 462/2002 of 24 May, on compensation for the reason of the service.

8. The following functions are for the Governing Board:

a) Approve the Agency's Management Contract proposal

b) The adoption of the annual and multiannual objectives and action plans, as well as the quantitative and qualitative criteria for measuring compliance with these objectives and the degree of efficiency in management, in the framework of the of what is set in the Management Contract.

c) The approval of the preliminary draft annual budgets and the contraction of any obligations of a multi-annual nature within the limits set out in the Management Contract.

(d) The appointment and termination of the Director of the Agency, on a proposal from the President.

e) Control of the management of the Director and the requirement for this responsibility to be carried out.

(f) The monitoring, monitoring and control of the Agency's performance.

g) The approval of a general activity report and of any extraordinary items it deems necessary for management, assessing the results obtained and recording the deficiencies observed.

(h) The approval of the annual accounts and the audit report of accounts and, where appropriate, the distribution of the result of the financial year, in accordance with budgetary legislation.

i) The approval or modification of the employment relationship as well as the approval of the Agency's proposed annual Employment Offer for integration into the State Public Employment Offer in accordance with the provisions of the the corresponding management contract.

j) The determination of the criteria for the selection of the Agency's staff, subject to the provisions of Article 61 of the Basic Staff Regulations.

k) The modification of the attachment of the lower ranking units to the department between the different geographical and sectoral addresses and the General Secretariat.

l) Designate the Secretary of the Rector Board.

m) Dictate the internal rules of operation, organic development and adoption of agreements of the Governing Council itself and of the Agency as not provided for in this Statute.

n) Designate members of the Standing Committee and the Control Commission.

n) The proposal to the Council of Ministers of the contracts whose amount requires the authorization of the same, in accordance with article 12.2 of the Recast Text of the Law of Contracts of Public Administrations.

or) The appointment and termination of the Agency's management staff on a proposal from its Director.

9. In accordance with Article 2 of Law 28/2006 of July 18, State Agencies for the Improvement of Public Services, the resolutions of the Rector Council deplete the administrative route.

Article 13. The Standing Committee.

1. A Standing Committee is hereby set up within the Governing Council to decide on the matters to which it is attached.

2. The Standing Committee shall carry out the tasks entrusted to it by the Governing Council, with the exception of those referred to in Article 12 (8), from the a to the n. The Governing Council shall ratify the agreements adopted by the Permanent Commission in the exercise of its functions, which shall be effective and shall have effects, and may revoke them when there are extraordinary causes to advise.

3. The President of the Agency, the Director of the Agency and a third member designated by the full Board of Directors among its members shall be part of that Commission. The Secretary-General of the Agency shall act as the Secretary of that Commission, with a voice but without a vote.

The Standing Committee shall meet at least on a bi-monthly basis.

Section 2

Article 14. The Director.

1. The Director of the Agency is responsible for the management and day-to-day management of the Agency and exercises the powers inherent in that direction, which are expressly attributed to him in the Law of State Agencies and those established in this Statute. It shall be appointed and separated by the Governing Council on a proposal from the President.

2. The Director of the Agency shall be considered to be a senior member, in accordance with the provisions of Article 3.2.e of Law 5/2006 of 10 April 2006, of Regulation of the conflicts of interest of the members of the Government and of the senior officials of the Agency. General Administration of the State, with the effects that are collected on it and those that are applicable to it in relation to that consideration.

3. The Director of the Spanish Agency for International Development Cooperation shall meet the following requirements:

Possess the Spanish nationality.

Being in possession of a university higher degree.

4. In order to be appointed, the following criteria shall be taken into account:

Knowledge and experience in development and cooperation.

International experience, especially value acquired in developing countries.

Ability to lead human teams, reach consensus, and resolve conflicts.

Experience in managerial positions.

5. The following functions are for the Director:

(a) Develop and propose to the Governing Council the draft of the Management Contract and the participation and direction of subsequent negotiations with the corresponding bodies of the Ministries of Education, of Public Administrations and the Economy and Finance for final approval.

b) Develop and propose to the Governing Council the annual and multi-annual objectives and plans of action, as well as the indicators and mechanisms for measuring compliance with these objectives, taking into account what is established in the Management Contract.

c) Develop and propose to the Governing Council the Agency's preliminary draft budget.

d) Approve the contracts, except those provided for in Article 12.8.c, always providing the Governing Council with an account.

e) The corresponding payment and payment order arrangement, giving account to the Rector Board.

(f) The management of the Agency's staff and services.

g) Propose to the Governing Council the Agency's Job Relation.

(h) Resolve calls for the provision of official staff positions and the recruitment of labour staff.

i) Propose to the Governing Council the appointment and cessation of management staff.

(j) The legal representation of the Agency, where appropriate, and the implementation of agreements of the Governing Council.

k) Authorize the budgetary variations that correspond to it, in accordance with the provisions of Article 27 of the Law on State Agencies, taking into account the Governing Council.

l) Determine the fate of the remaining credit balances resulting from the liquidation of the financial year, in accordance with Article 27 of the Law on State Agencies.

m) Present to the Governing Board the general activity report of the previous year and the annual accounts, together with the audit report.

n) Forming and keeping up to date the inventory of goods and rights and account for the Rector Board.

o) Those competencies delegated to you by the Rector Board.

p) Any other jurisdiction of the Agency not entrusted to another body of the Agency.

6. In accordance with Article 2.3 of Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services, the resolutions of the Director of the Agency put an end to the administrative route.

Section 3. Other organs

Article 15. The Control Commission.

1. The Control Board, established within the Governing Council, shall be composed of the following members:

(a) President: A member of the Governing Council who will be elected in his or her bosom, on a proposal from the President, among the public employees belonging to the Ministry of Foreign Affairs and Cooperation.

(b) Vocals: a minimum of two and a maximum of four more persons appointed by the Governing Council among those of its members who do not have direct responsibilities in the management of the Agency and with knowledge or experience in management, budgeting, internal control or control of the economic-financial activity of the state public sector.

(c) In the event that the Governing Council decides to integrate other persons not members of the Board of the Board of Control, they shall participate in a voice but without a vote. The Financial Controller at the Agency shall attend the meetings of the Control Committee with a voice but no vote.

(d) Secretary: Named among its members by the Commission itself.

2. Corresponds to the Control Commission:

a) Report to the Governing Council on the execution of the Management Contract.

(b) Report to the Governing Council on the implementation of the Agency's budget and, for this purpose, should receive from the Agency's Directorate monthly reports on the state of budgetary implementation.

(c) Gathering information on the control systems and internal procedures established to ensure compliance with legal provisions and other applicable rules; knowing of the audit reports of accounts and In addition to the control of internal control, the control of the control system, as well as the control procedures issued by the Delegated Intervention, and propose strategies to correct the weaknesses revealed in them.

(d) to determine, at the request of the Governing Council and at the intervals which it establishes, the economic and financial information to be sent to it, without prejudice to that other information to be submitted for consideration or approval; in accordance with the rules in force.

e) To know the economic and budgetary information that the State Agency, because of its membership of the State public sector, must prepare and submit to the competent bodies to fulfill the obligations contained in the current regulations, ensuring compliance with these obligations.

3. The Control Board shall meet at least quarterly.

Article 16. The Advisory Board.

The Advisory Board of the Spanish Agency for International Cooperation for Development is hereby established as an advisory body.

It will consist of twelve people, all of whom are recognized for their experience and knowledge in fields related to international cooperation and development. His appointment and dismissal will be carried out by the President/President of the Rector Council, for which he will listen to the proposals of his members.

The Chair shall be held by the Chair of the Agency, who may delegate to the Director.

The Advisory Board shall meet at least annually.

Your members will not be paid, but, if necessary, they will be entitled to compensation for travel expenses, stays and transfers that give them their dedication to the Council, according to Royal Decree 462/2002 of 24 May, on compensation for service reason.

Section 4. Administrative Structure

Article 17. Basic structure.

1. The Agency shall have the basic administrative structure contained in this Section.

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 and Multilateral 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, directed towards the fight against poverty and the achievement of the sustainable human development in the countries of Latin America and the Caribbean, without prejudice to the competences of other ministerial departments.

The director will lead and coordinate two departments: cooperation with Central America, Mexico and the Caribbean, and cooperation with 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 director 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 for the Directorate for Sectoral and Multilateral Cooperation to promote, manage and implement the public policies of international cooperation for development at sectoral and multilateral level and to ensure the coordination of sectoral development policies with other multilateral agencies, especially in the field of the European Union and the United Nations system, in close coordination with the competent bodies of the Ministry of Foreign Affairs Foreign and Cooperation, as well as representing the AECID in the relations that on the subject matter establish with the various ministerial departments.

The director of the same will lead and coordinate three departments: the sector of sectoral and gender cooperation; the multilateral cooperation; and the Non-Governmental Development Organizations (NGDOs).

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 director of the same 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 Secretary-General will lead and coordinate three departments: human resources, reconciliation and general services; economic, financial and budgetary management and information systems and technologies.

3. It will also be under the hierarchical dependency of the Director of the Agency, the Office of Humanitarian Action, whose strategic direction depends on the President/President of the Governing Council. The Head of the Office of Humanitarian Action will be at the helm of this Department, which will coordinate the emergency and post-conflict department and a prevention and evaluation unit.

4. It also depends on the Director of the Agency, the Technical Cabinet, which is responsible for carrying out the activities and work of advice and immediate assistance entrusted to it by the Agency, including the operational programming functions, monitoring and analysis for the improvement of the quality of the aid and, on the other hand, of communication, awareness raising and education for development, according to what is established in the Memory and in the first Contract of Management.

5. It is assigned to the Management of the Agency the Delegated Intervention, without prejudice to its functional and organic dependence on the General Intervention of the State Administration,

6. The external structure of the Agency, consisting of the Technical Cooperation Offices, the Training Centres and the Cultural Centres, depends on the Head of the Agency. Annex I to this Statute lists the Technical Cooperation Offices, the Training Centres and the Operational Cultural Centres at the date of their approval.

7. The Minister for Foreign Affairs and Cooperation shall, on a proposal from the Governing Council of the Agency and within the framework of the Management Contract, be responsible for the approval of the Minister for Public Administration and the Minister for Cooperation. (i) authorization in the case of the Minister for Economic Affairs and Finance, the creation, modification or deletion of the Agency's organs abroad, by ministerial order. The approval of these ministerial orders shall entail the automatic updating of Annex I to this Statute.

8. The Director of the Agency may delegate to the directors of geographical and sectoral cooperation, cultural and scientific relations, secretary-general and the head of the Office of Humanitarian Action, the management, coordination and dialogue of the the structure of centres abroad. In this case, by delegation, the relationship between the AECID head office and the Technical Cooperation Offices, the Training Centres and the Cultural Centres shall be carried out by the aforementioned directors and the head of the Office of Action. Humanitarian persons, who may send in the exercise of their duties in their respective fields, on behalf of the Director of the Agency, communications and formal instructions addressed to the coordinators of the TBT and to the directors of training and culture.

9. In order to strengthen coordination and teamwork between the different areas and units of the agency, the Director may set up working groups responsible for a given task, of a temporary or permanent nature, composed of persons of different units, with the decision-making capacity that decides to grant them and under the responsibility of a person who is part of the management staff of the AECID. The decision on the establishment of each working group, its composition, tasks entrusted to it and the responsibility of the task force shall be solely the responsibility of the director of the agency.

Article 18. The Office of Humanitarian Action.

The Office of Humanitarian Action for the development of the humanitarian action of Spanish cooperation, dependent on the Presidency in its strategic direction, and, by delegation of the Presidency, the Director as regards to its ordinary operation.

Its functions are the management and implementation of the official humanitarian action, in accordance with the Director Plan, and the coordination of the capacities of the State Administration with those of the regional and local authorities, in consistency with the strategy adopted in this field by the United Nations and the European Union.

Article 19. Functions, functional and organic dependency and relations with the Embassies of the Technical Cooperation Offices.

1. Article 26 of Law 23/1998, of international cooperation for development, establishes that the technical offices of cooperation are units assigned organically to the embassies which, under the direction of its head of mission and functional dependency The Spanish Agency for International Cooperation ensures the coordination and, where appropriate, the implementation of the resources of the cooperation in its demarcation. They also collaborate with programmes and projects promoted by the other public administrations.

2. The Head of Mission exercises the superior direction of the cooperation activities in the country in which he is accredited.

3. In the countries where technical cooperation offices have been set up, the management functions of those units in the country concerned correspond to the general coordinators of the Spanish cooperation responsible for these offices, together with the with the rest of the functions they have attributed to the Law of Cooperation and by this Statute.

4. In all those countries where technical cooperation offices have been established, the general coordinators of these offices shall carry out the tasks of the Charms of Cooperation Affairs.

5. In diplomatic missions in those countries where international development cooperation activities are carried out and where there are no technical cooperation offices of the AECID, the Head of Mission shall appoint an official. diplomat as Chargé de los Affaires de Cooperación.

Article 20. Functions, functional and organic dependence and relations with the Embassies of the Cultural Centers and the Training Centers.

1. The Cultural Centers are units assigned organically to the embassies that, under the direction of its head of mission and functional dependence of the Spanish Agency of International Cooperation for Development assure the coordination with the Technical Offices for Cooperation and the implementation of the cooperation resources in their field of action. They also collaborate with programmes and projects promoted by the other public administrations.

2. The Training Centres are organically attached units to the embassies which, under the direction of its head of mission and functional dependency of the Spanish Agency for International Cooperation for Development, ensure the preparation, coordination and coordination of the and the implementation of cooperation activities in the specific field of training. They will be in close coordination with the Technical Cooperation Offices and the Cultural Centres. They also collaborate with programmes and projects promoted by the other public administrations.

3. The Head of Mission exercises the superior direction of the activities of cultural centres and training centres in the country where they are accredited.

Section 5

Article 21. Attachment.

1. The Spanish Agency for International Cooperation for Development is attached to the Ministry of Foreign Affairs and Cooperation through the Secretariat of State for International Cooperation

2. It is up to the Ministry of the Agency to address the Agency's strategic direction, results assessment and control.

In accordance with the provisions of the final provision of Law 28/2006 of July 18 of State Agencies for the Improvement of Public Services, these functions will be exercised through the monitoring and control of public services. Management Contract results.

Article 22. Headquarters.

The Spanish Agency for International Development Cooperation will be based in Madrid.

CHAPTER V

Transparent management by objectives

Article 23. Management Contract.

1. The Agency shall draw up its proposal for a Management Contract with the content and within the time limits provided for in Articles 13 and 14 of the Law on State Agencies, for approval, if appropriate, by joint order of the Ministers for Foreign Affairs. and of Cooperation, of Public Administrations and Economy and Finance.

2. The Management Contract of the Agency shall be valid for four years, except for the first Contract, which may last for a shorter duration.

3. The Governing Council of the Agency, through its President, shall inform the Ministry of Adscription and the Ministries of Public and Economic Administrations and Finance of the implementation and fulfilment of the objectives set out in the Agreement. of Management, with the periodicity and in terms to be determined in the Ministerial Order for which it is approved.

Article 24. Annual plan of action, activity report and annual accounts.

1. The Director of the Agency shall draw up and propose to the Governing Council the approval of the annual action plan, the general activity report and the annual accounts, within the time limits laid down in Article 15 of the Law on State Agencies for the improvement of public services.

2. The documentation referred to in the previous paragraph shall be available on the website of the Spanish Agency for International Cooperation.

CHAPTER VI

Operating system and media

Article 25. Recruitment.

The Agency's procurement regime shall be that laid down in the law applicable to contracts concluded by the Public Sector.

Within that legal framework, and provided that it is related to the subject-matter of the contract and does not constitute an unjustified restriction on free competition, the Agency will assess positively, in the manner in which it is established in the (a) the tenders which incorporate elements favourable to sustainable development and, where products from developing countries are incorporated in whole or in part, will be positively assessed on the basis of the tenders in question. products have been developed according to a fair trade regime

Article 26. Estate regime.

1. The Agency counts, for the fulfilment of its purposes, with its own patrimony, different from that of the General Administration of the State and integrated by the set of goods and rights of which it is a holder, as well as of that which is part of the Patrimony of the State, be attached to it

2. The management and administration of his assets and rights as well as those of the State Heritage that are assigned to him for the fulfilment of his purposes shall be exercised subject to the provisions laid down for public bodies in Law 33/2003, of 3 of November, on the Heritage of Public Administrations.

Article 27. Own Goods.

1. The Agency may acquire any kind of property and rights in any of the ways accepted in the legal order, including the effect on the purposes of the Agency of movable property when the acquisition of the goods is approved. same.

2. The acquisition of real estate or property rights will require the prior report of the Ministry of Economy and Finance.

3. The Agency's own immovable property which is no longer necessary for the purpose of fulfilling its objectives may be carried out by the Agency, after communication to the Ministry of Economic Affairs and Finance.

Article 28. Goods attached.

The registration and uneasiness of goods by the General Administration of the State shall be governed by the legislation of the Patrimony of the Public Administrations, preserving those their qualification and legal ownership originating and corresponding to the Agency for the exercise of demanial powers, as well as surveillance, legal protection, defence, administration, conservation, maintenance and other actions requiring the correct use and use of the and how many prerogatives concerning the public domain and property assets the State are legally established.

Article 29. Actions against third parties.

The representation of the Agency in the actions related to its assets and property rights shall be the responsibility of the President of the Agency, and may delegate this function to the Director, taking account of the Rector Board.

Article 30. Inventory.

The Agency, through its Director, will form and keep up to date its inventory of goods and rights, both own and attached, with the exception of those of a fungible nature. From that inventory, it shall account annually with reference to 31 December to the Governing Council.

CHAPTER VII

Human resources

Article 31. Staff scheme.

The Staff Regulations referred to in this Chapter affect the employment relations of the Agency, irrespective of their legal nature (civil servants or employees, including, in the latter case, the special employment relationship of the Agency). senior management and temporary or fixed-term recruitment) and the place (on national or foreign territory) where the benefit is carried out or developed.

Article 32. Staff classes.

1. The staff of the Agency shall be bound by a relationship subject to the rules of administrative or labour law applicable to it.

2. The staff of the Agency shall be responsible for the planned posts, both at the headquarters and in the external bodies, in the Working Party Relation.

3. The Agency may recruit staff from work abroad, in the terms and conditions laid down in the Management Contract.

Article 33. Access and selection.

According to the provisions of the Law on State Agencies, the calls for the selection of official personnel will be carried out by the Ministry to which the corresponding bodies and scales are attached. They may exceptionally be carried out by the Agency itself by means of a Convention signed for that purpose.

The call for places and the selection of work staff shall be carried out by the Agency itself, through its own selection bodies whose composition and operation shall be in accordance with the provisions of Articles 55, 60 and 60. and 61 of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Article 34. Human resource needs forecasting.

The forecast of human resources needs to be provided by the incorporation of new income, official and labor personnel, will be established in the Management Contract, after information to the representation of staff, including in the annual public employment tender.

A quota of not less than five percent of the vacancies to be covered among persons with disabilities shall be reserved in accordance with the provisions of Article 59 of Law 7/2007, of 12 April, of the Basic Staff Regulations Public.

Article 35. Management and provision of jobs.

1. The Director of the Agency shall draw up, within the framework of the Management Contract and in accordance with the needs of the organisation, a list of posts which shall require the approval of the Governing Board. Its content shall be in accordance with the provisions of Article 74 of the Staff Regulations of the Public Employment and of the provisions of Article 15 of Law No 30/1984, and shall include the indication of the place of supply.

2. The Management Contract may incorporate clauses allowing the recruitment of personnel in accordance with the needs of the Cooperation Projects and, in general, international cooperation for development. In any event, where exceptional circumstances previously defined by the Board of Rector and included in the Management Contract so require, the Standing Committee may provisionally approve the hiring of such personnel in the outside, without prejudice to the subsequent control by the Governing Council.

3. The AECID shall draw up, convene and, on the proposal of specialised technical bodies, resolve the calls for the provision of official staff positions, in accordance with the general principles and procedures for the provision of established in Articles 78, 79 and 80 of Law 7/2007 and in its implementing rules.

4. Within the framework of the relevant partnership agreements, and in line with the management contract, the Agency may temporarily assign officials from universities and other public administrations to the Agency for the implementation of the activities linked to the development of projects and programmes of limited duration, in accordance with the provisions of Royal Decree 364/1995 of 10 March 1995 on the general rules for the entry of staff to the service of the General Administration of the State and the provision of jobs and professional promotion of civil servants of the General Administration of the State.

Article 36. Official staff.

1. The official staff is governed by the regulations of the Civil Service of the General Administration of the State with the specific characteristics provided for in the Law of State Agencies and in this Statute, as well as the provisions of pacts and agreements that can be established by collective bargaining, within the relevant relevant framework.

2. The mobility of officials working in the Agency for the coverage of posts in the General Administration of the State or in other public administrations and bodies shall be subject to the condition of prior authorisation in accordance with the rules governing the procedures for the provision of jobs in the General Administration of the State.

Article 37. Work staff.

1. The staff of the AECID shall be fixed or temporary at work, depending on the duration of the contract, and their modalities shall be as laid down in the Management Contract.

2. Its legal status shall be that which is applicable to it in accordance with the rules and agreements which may be established in the General Administration of the State.

Article 38. Managerial staff.

1. They shall have the consideration of management staff of the Agency:

(a) In Spain, the Director of the Agency, the Director of Cooperation for Latin America and the Caribbean and those responsible for its two departments; the Director/Cooperation for Africa, Asia and Eastern Europe and those responsible for its three departments, the Director/a Sectoral and Multilateral Cooperation Director and those responsible for its three departments, the Director for Cultural and Scientific Cooperation and those responsible for its three departments; the Head of the Office of Action Humanitarian and the person responsible for the emergency and post-conflict department; the secretary the agency's general staff and those responsible for its three departments; and the director of the technical staff of the Executive Director of the Agency.

The managerial positions for the geographical directors, director/cultural and scientific relations and secretary general will be covered by career officials. The posts for the Director of Sectoral and Multilateral Cooperation and the Head of the Office for Humanitarian Action shall be covered by employment, by means of senior management contracts between higher graduates and on the basis of professional competence and experience

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 the departments of university and scientific cooperation and coordination of cultural and scientific relations and the department of cooperation of non-governmental organizations of development. He will also be covered by civil servant the post of Chief Executive of the Executive Director of the Agency.

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

b) Abroad, the Directors of the Technical Offices of Cooperation, the Training Centers and the Cultural Centers. These management posts will be covered under employment conditions, by means of senior management contracts, between higher graduates on the basis of criteria of professional competence and experience.

2. They shall be part of the Agency's Steering Team: the Director; the Director/Cooperation for Latin America and the Caribbean; the Director/Cooperation for Africa, Asia and Eastern Europe; the Director/a Sectoral and Multilateral Cooperation; the director of cultural and scientific relations; the secretary-general of the agency and the head of the Office of Humanitarian Action.

3. The management staff of the Agency shall be appointed and terminated by its Governing Board on a proposal from the Director of the Agency, including university graduates, on the basis of criteria of professional competence, suitability, experience and gender equality, and by means of procedures that guarantee merit, capacity and publicity.

4. The provision of managerial posts shall be carried out by the selection body which, for this purpose, is established within the Agency, which shall make a reasoned proposal to the Director, including three candidates for each post to be covered.

5. When management personnel have the status of an official, and occupy a position of managerial staff in Spain, they will remain in the active service situation in their respective body or scale. The employment relationship shall be determined by the addition of the destination of such staff.

6. The management staff of the Agency shall carry out their duties with exclusive dedication, full independence and total objectivity, subject, in the development of their tasks, to evaluation in accordance with the criteria of effectiveness, efficiency, compliance with legality, responsibility for the management and control of results in relation to the objectives to be set out in the Management Contract.

7. In accordance with the provisions of Article 13.4 of Law 7/2007 of 12 April of the Staff Regulations of Public Employment, the determination of the conditions of employment of the management staff shall not have the consideration of the subject matter of negotiation collective. Where the staff member meets the condition of employment staff, he shall be subject to the special working relationship of senior management.

The system of incompatibilities that is applicable is that provided for in Law 53/1984, of December 26, of incompatibilities of the staff to the service of the Public Administrations.

Article 39. Staff mobility.

1. The geographical mobility of the Agency's public employees is a functional necessity of the Agency, in line with the fulfilment of its objectives. Those who are affected by this requirement will be involved in the employment relationship.

2. For such purposes, mobility shall be subject to the following requirements and conditions.

(a) In the case of career civil servants, the provisions of Article 81 of Law 7/2007 of 12 April 2007 on the Basic Staff Regulations of the Public Employment and the Public Service Regulations of the General Administration of the Status.

(b) In the case of staff, the provisions of the recast text of the Law of the Workers ' Statute shall be included in the collective agreement that is applicable and in the contract of employment.

(c) In the case of senior management staff, it is generally established that there is a maximum stay in each five-year post.

Article 40. Remuneration scheme.

1. The remuneration of the official staff of the Agency shall be those laid down in the public service regulations of the General Administration of the State and their amounts shall be determined in the framework of the corresponding Management Contract and shall be those which appear in the relevant Working Party Relation, in accordance with the provisions laid down in that legislation and taking into account Article 37 of the Basic Staff Regulations, and the annual general budget laws of the Status.

2. The remuneration of the labour force is determined in the collective agreement or in the respective employment contract and its amounts shall be determined in the framework of the relevant Management Contract in accordance with the procedures established in the current regulations that will be applicable and will be the ones that appear in the corresponding Employment Relations Relationship.

3. The amount of the wage bill for the productivity supplement, or equivalent concept of the labour force, is in any case linked to the degree of compliance with the objectives set out in the Management Contract.

4. The management staff will receive part of their remuneration as a performance incentive, by means of the corresponding supplement that values productivity, in accordance with the criteria and percentages to be established by the Rector Council, proposal of the Director of the Agency.

Article 41. Joint committees.

The Joint Committee on Training, Social Action and Labour Health and the Prevention of Occupational Risks are set up to monitor compliance and implementation of the general criteria that are agreed in the respective areas. at the General Administration of Negotiation of Public Administrations provided for in Article 36 of Law 7/2007, of 12 April, of the Basic Staff Regulations.

CHAPTER VIII

Economic, budgetary and accounting regime

Article 42. Economic resources.

1. The economic resources of the Spanish Agency for International Cooperation shall be composed of:

(a) Transfers entered in the General Budget of the State.

(b) Your own income as a consideration for any activities that you may perform under contracts, agreements or legal provisions for other public, private or natural persons.

c) The disposal of assets and securities that constitute their assets.

d) Performance from your assets and values.

e) Voluntary contributions, donations, inheritances and legacies and other contributions free of charge from private and private entities.

(f) Revenue received from natural or legal persons as a result of sponsorship of activities or facilities.

g) Current or capital transfers from other public authorities or entities

h) Other income or public or private law resources that they are entitled to receive.

i) Any other resource that could be attributed to them.

2. To the extent that it has the capacity to generate sufficient own resources, the Agency may be financed by obtaining loans granted from the appropriations provided for in Chapter VIII of the General Budget of the State, awarded in accordance with public procurement procedures, intended for research projects in the field of the fight against poverty and sustainable human development. This funding will be in line with the limitation that the General State Budget Law establishes in each exercise.

3. The resources referred to in paragraphs (b), (e), (f) and (h) of the previous paragraph and shall not initially be included in the budget of the Agency may be used to finance higher expenditure by agreement of its Director.

4. The Agency may carry out the contracting of credit or loan policies, provided that the outstanding balance does not exceed 5% of its budget, where this is necessary to deal with temporary cash flows, as such situations of lack of liquidity that may occur occasionally and exceptionally.

Article 43. Participation in commercial companies or foundations.

For the best performance of its purposes, the Agency may create or participate in commercial companies or foundations, the subject of which is in accordance with the objectives of the Agency. The relevant approval of the proposal by the Rector Council will be a prerequisite. Where appropriate, it shall be subject to the authorization provided for in Article 169 of Law 33/2003 of 3 November of the Heritage of Public Administrations or in Article 45 of Law 50/2002 of 26 December of Foundations, in the case of state-owned commercial companies or state public sector foundations.

Article 44. Budget.

1. The Governing Council shall draw up and approve annually the preliminary draft budget of the Agency in accordance with the Management Contract and the structure of the Ministry of Economy and Finance and forward it to the Ministry of Finance. Foreign and Cooperation for its incorporation into the preliminary draft General Budget of the State and its subsequent approval by the Council of Ministers and referral to the General Cortes, consolidating with that of the other entities that make up the state public sector.

2. The Agency's budgetary regime shall be the one set out in Chapter V of the Law on State Agencies for the Improvement of Public Services and in the General Budget Law, for public bodies.

3. The budget shall be in balance and shall be limited by its overall amount. Its specification shall be determined by the organic, programme and economic grouping, although the latter shall be of an estimate for the distribution of the appropriations in categories, with the exception of those relating to staff expenditure which in any case is limited and binding for its total amount, without prejudice to the necessary breakdowns for the proper accounting of its implementation.

4. The Director of the Agency may authorise all budgetary changes which do not affect the amount of staff expenditure or the overall amount of the budget. From these variations, he will inform the Ministry of Economy and Finance's Directorate General of Budgets for his reason. However, the Director shall authorise the variation in the overall amount, where it is financed with revenue from those laid down in point 3 of Article 24 of Law 28/2006 of 18 July, of State agencies for the improvement of services (i) the Commission's proposal for a Council Directive on the protection of the environment and the protection of the environment and the protection of the environment; In the rest of the cases the authorisation shall be the responsibility of the Minister for Economic Affairs and Finance, at the initiative of the Director and on a proposal from the Governing Council.

5. The implementation of the budget of the Agency shall be the responsibility of its Director, who shall send the Committee of Control, on a monthly basis, a budget statement.

Article 45. Accounting.

1. The Agency shall apply the public accounting principles provided for in Article 122 of Law 47/2003 of 26 November 2003, as well as the development of the principles and rules laid down in the General Accounting Plan. Public, for which it will have an economic and financial information system that aims to show, through states and reports, the faithful image of the patrimony, the financial situation, the results and the execution of the budget, and provide information on the costs of the activity that is sufficient for correct and efficient decision making.

2. The Agency shall also have a management accounting system in place to monitor compliance with the commitments made in the Management Contract.

3. The General Intervention of the State Administration shall establish the functional requirements and, where appropriate, the IT procedures to be observed by the Agency in order to comply with the provisions of the previous two paragraphs.

4. The Agency's annual accounts are formulated by its Director within three months of the end of the financial year. Once audited by the General Intervention of the State Administration, they are submitted to the Rector Council for approval within the first half of the year following the year to which they relate.

5. Once approved by the Governing Council, the President will pay the annual accounts to the Court of Auditors, through the General Intervention of the State Administration.

Article 46. Control.

1. The external control of the economic and financial management of the AECID corresponds to the Court of Auditors in accordance with its specific regulations.

2. The internal control of the economic and financial management of the Agency corresponds to the General Intervention of the State Administration, and will be carried out under the modalities of permanent financial control and public audit, under the conditions and in the terms laid down in the General Budget law. The permanent financial control shall be carried out by the Delegation in the Agency, under the functional dependence of the General Intervention of the State Administration.

3. Without prejudice to the controls set out in the previous paragraphs, the Spanish Agency for International Development Cooperation shall be subject to effective control which shall be exercised through the monitoring of the Management Contract. The Ministry of Foreign Affairs and Cooperation shall have the purpose of verifying the extent to which the Agency's objectives are met and the appropriate use of the resources allocated.

CAPITULO IX

Legal provisions and assistance

Article 47. Provisions.

The Agency shall dictate the internal rules necessary for the performance of its object and its operation, which may take the form of:

(a) Resolutions of the Governing Council to be signed by the President.

(b) Resolutions, Instructions and Circulars of the President of the Agency and, in his field of competence, of the Director of the Agency.

Article 48. Legal assistance.

In accordance with the provisions of the fourth provision of Law 28/2006, the legal assistance of the Spanish Agency for International Development Cooperation will be carried out by its Legal Counsel, attached to the Address of the Agency, at the head of which will be a State Advocate, organically and functionally dependent on the General Counsel of the State-Directorate of the State Legal Service, without prejudice to the fact that in the framework of the Management Contract, depending on the needs of the Agency, the signature of a contract can be agreed Convention.

Attachment

Foreign structure of the Spanish Agency for International Development Cooperation

The structure abroad of the Spanish Agency for International Development Cooperation is formed by the following units: Technical Offices of Cooperation (in the following countries: Angola, Algeria, Argentina, Bosnia-Herzegovina, Bolivia, Brazil, Cape Verde, Chile, Colombia, Costa Rica, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Philippines, Guatemala, Equatorial Guinea, Haiti, Honduras, Iraq, Jerusalem, Jordan, Mali, Morocco, Mauritania, Mexico, Mozambique, Namibia, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Senegal, East Timor, Tunisia, Uruguay, Venezuela and Vietnam); Training Centres (in the following countries: Bolivia, Colombia, Guatemala and Uruguay); and Cultural Centres (in the following countries: Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Equatorial Guinea (Bata), Equatorial Guinea (Malabo), Honduras, Mexico, Paraguay, Peru, Dominican Republic and Uruguay.