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Royal Decree 1310/2007, Of 5 October, By Which The Operating Regime Of The National Defense Council And The Composition And Functions Of The Interministerial Defence Committee Is Regulated.

Original Language Title: Real Decreto 1310/2007, de 5 de octubre, por el que se regula el régimen de funcionamiento del Consejo de Defensa Nacional y la composición y funciones de la Comisión Interministerial de Defensa.

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TEXT

In the Spanish legal system, in which the government is constitutionally responsible for the direction of the military administration and the defense of the state and its president, the direction of government action and coordination. It is a historic constant that the Government has an advisory body in the field of National Defense, as is also the case in the vast majority of the countries of our environment and allies.

Thus, as a historical precedent, the already repealed Organic Law 6/1980, of July 1, which regulates the basic criteria of National Defense and the Military Organization, as amended by the Organic Law 1/1984, of 5 of January, attributed to the National Defense Board the primary function of being the advisory and advisory body of the Government in matters of National Defense, as well as of His Majesty the King and the President of the Government in accordance with the provisions of the Constitution.

For its part, the current Organic Law 5/2005, of 17 November, of National Defense, creates the National Defense Council as the advisory body, coordinator and consultative body of the President of the Government in the field of defense, and provides that The rules governing the operation and the composition and functions of the Inter-Ministerial Defence Commission, the permanent body of the Council, as provided for in Article 8 of that legal text, shall be determined.

The great complexity of defense matters advises to strengthen the functioning of the National Defense Council in the framework of the specific regulation contained in the Organic Law of National Defense, concreting its functions and keeping their composition adjustable to the needs of each circumstance, in such a way as to ensure the fulfillment of their high ends effectively and quickly.

order to contribute to this objective, the Council is given the support structure concentrated in the Inter-Ministerial Defense Commission, a true novelty provided by the Organic Law of National Defense, a permanent body of the Council and to which the appropriate functions are assigned for the preparation of the activities and for the implementation of the agreements adopted by the National Defense Council.

In order to achieve the harmonious functioning of the Council and its body of work, it is necessary to determine, in accordance with the provisions of Article 8.10 of the Organic Law 5/2005 of 17 November, of the National Defense, the operation of the National Defence Council and the composition and functions of the Inter-Ministerial Defence Commission by means of a royal decree, within the framework of the general legal regime applicable to collective bodies in the field of The General Administration of the State, in the terms provided for in this royal decree.

Finally, the final provision of the Organic Law of National Defense empowers the Government and the Minister of Defense, in the field of their respective competences, to dictate how many provisions are necessary for the development and implementation of the said Organic Law.

In its virtue, on the proposal of the Minister of Defense, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 5th of October 2007,

D I S P O N G O:

CHAPTER I

Nature and functions of the National Defense Council

Article 1. Nature.

The National Defense Council is the collegiate, coordinating, advisory and advisory body to the President of the Government on defense.

Article 2. Functions.

The National Defense Council will perform the following functions:

(a) Attend the President of the Government in the direction of armed conflicts and in the management of crisis situations affecting the defence.

b) Report on the broad guidelines of the defense policy.

c) Offer the Government proposals on defense-related issues that, affecting several Ministries, require a joint proposal.

d) Attend the President of the Government in the formulation of the National Defense Directive.

e) Attend the President of the Government in defining and approving the major strategic objectives and approaches.

f) Attend the President of the Government in the formulation of the directives for external negotiations affecting the defence policy.

g) Attend the President of the Government in his role in determining the implementation of the objectives and basic lines of action of the Armed Forces, both at national level and in the participation in the organizations of which Spain is a party, within the framework of the defence policy.

h) Advise the President of the Government in his role of ordering the missions to the Armed Forces.

i) Attend the President of the Government in the other functions attributed to him in Article 6 of the Organic Law 5/2005, of 17 November, of the National Defense.

j) Coordinate, in time of armed conflict and during the lifetime of the site state, the system of permanent availability of resources.

k) Coordinate in time of armed conflict and during the lifetime of the state of siege the actions of the Civil Guard, which will depend on such assumptions of the Minister of Defense, and the National Police Corps that will depend on such The Minister of the Interior, both in terms and scope to be determined by the President of the Government, as well as the actions of the civil protection cooperation system.

l) Perform those other functions entrusted to you by the President of the Government.

m) The other functions attributed to you by the laws and regulations.

CHAPTER II

Operation of the National Defense Council

Article 3. General operating system.

1. At the initiative of the President of the Government, the National Defense Council will be able to function in full and as executive council, adopting one or another composition, depending on the nature of the issues to be addressed.

2. On a proposal from the President of the Government, the full National Defense Council shall inform the King at least once a year.

3. The deliberations of the National Defense Council as well as the minutes of each session, both in plenary and executive council, will be secret.

4. In accordance with Article 8.9 of the Organic Law 5/2005 of 17 November of the National Defense, the National Defense Council will have the Inter-Ministerial Defense Commission attached to the Ministry of Defense as a permanent body of work. which will have the composition and functions provided for in this royal decree.

Article 4. Composition of the plenary session.

1. The National Defense Council plenary will have the following composition:

a) The President of the Government, who will preside over him, except when the King attends his meetings, in which case it will be up to him to preside over it.

b) The Vice-Presidents of the Government.

c) The Ministers of Defense, Interior, Foreign Affairs and Cooperation and Economy and Finance.

d) The Chief of Defense Staff.

e) The Chiefs of Staff of the Army of the Earth, the Navy and the Air Force.

f) The Secretary of State Director of the National Intelligence Center.

g) The Director of the Government Presidency's Cabinet

2. He will act as Secretary, with voice but no vote, the Secretary General of Defense Policy at the Ministry of Defense.

Article 5. System of operation of the plenary session.

1. The plenary session shall meet in ordinary session at the initiative of the President of the Government at least once a year.

The President of the Government will be able to convene extraordinary meetings to deal with an urgent matter, as many times as necessary, in the framework of the functions that the National Defense Council has entrusted to it, on its own initiative. or on a proposal from the Minister of Defence.

2. The President of the Government may convene, depending on the nature of the matters dealt with in the plenary session, the other members of the Government.

3. They may be called upon, depending on the nature of the matters dealt with on the agenda, other authorities or positions of the General Administration of the State, the Autonomous Communities and the Cities with the Statute of Autonomy. Local government authorities or persons whose contribution is deemed relevant may also be convened. In all cases covered by this paragraph, the members shall have a voice but shall not vote.

Article 6. Composition of the Executive Board.

1. The Executive Board shall have the following composition:

a) The President of the Government, who will preside over him, except when the King attends his meetings, in which case it will be up to him to preside over it.

b) Ministers of Defense, Interior and Foreign Affairs and Cooperation.

c) The Chief of Defense Staff.

d) The Secretary of State Director of the National Intelligence Center.

e) The Director of the Cabinet Office of the Government.

2. He will act as Secretary, with voice but no vote, the Secretary General of Defense Policy at the Ministry of Defense.

Article 7. Operating regime of the Executive Board.

1. The Executive Council will meet, depending on the nature of the issues to be dealt with, as many times as called by the President of the Government, either on his own initiative, or on the proposal of the Minister of Defense, in the framework of the functions that he National Defense Council has the mandate.

2. The President of the Government may convene, depending on the nature of the matters dealt with in the Executive Council, the other members of the Government or other members of the Council Plenary.

3. They may be called upon, depending on the nature of the matters dealt with on the agenda, other authorities or positions of the General Administration of the State, the Autonomous Communities and the Cities with the Statute of Autonomy. Local government authorities or persons whose contribution is deemed relevant may also be convened. In all cases covered by this paragraph, the members shall have a voice, but shall not vote.

CHAPTER III

The Inter-Ministerial Defense Commission

Article 8. Nature and functions.

The Inter-Ministerial Defense Commission is a collegiate body, attached to the Ministry of Defense through the General Secretariat of Defense Policy, which is established in the permanent work of the Defense Council. National and which is also assigned the following functions:

a) Plan and coordinate the actions necessary for the operation of the National Defense Council.

b) To comply with the agreements of the National Defense Council adopted in plenary or in the Executive Council.

c) Contribute to the coordination of the organs of the National System of Crisis Situation Driving in the areas related to the management of crisis situations that affect the defense.

d) To know the plans of the various organs of the Public Administrations in relation to the preparation of resources to contribute to the Defense.

e) Elevate to the National Defense Council the studies conducted in the field of action of the Commission itself, at the request of the National Defense Council or on its own initiative.

f) Perform those other activities entrusted to you by the National Defense Council.

g) Any other functions expressly attributed to you by law or regulation.

Article 9. Legal regime.

As not provided for in this royal decree, the Inter-Ministerial Defense Commission shall be governed by its own internal rules of operation, if any, and, failing that, by the provisions of Chapter II of Title II of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 10. Composition.

1. The Inter-Ministerial Defense Commission shall be composed of the Secretary-General of Defense Policy, who shall act as President of the Defense Policy, and the following vowels:

a) The Director General of Defense Policy at the Ministry of Defense, who will serve as Vice President.

b) The Director of the Department of International Policy and Security of the Cabinet of the Presidency of the Government.

c) The Director of the Department of Infrastructure and Monitoring for Crisis Situations of the General Secretariat of the Government Presidency.

d) A representative of each of the Ministries represented in the National Defense Council plenary, with a minimum organic level of Deputy Director General.

e) A General Officer representing the General Staff of the Defense, each of the General Staff of the Army and the Civil Guard.

f) A representative of the National Intelligence Center with minimum organic level of Subdirector general.

g) The Director of the Technical Cabinet of the Secretary General of Defense Policy, who will act as the Secretary with voice and vote.

2. The vowels shall be appointed by the Minister of Defense on a proposal from the department or institution they represent, with respect to the representative of the National Intelligence Center for legally established safeguards.

3. The President may be replaced, in the case of vacancy, absence, illness or any other cause justified by the Vice-President.

4. The members may be replaced, in the case of vacancy, absence, sickness or any other justified cause, by substitutes with an organic level not less than Deputy Director General belonging to the same ministries or institutions as the vowels supplied.

5. The Secretary may be replaced, in the case of vacancy, absence, illness or any other justified cause, by a member of the Technical Cabinet of the Secretary-General of Defense Policy, who is appointed.

Article 11. Operating system.

1. The Inter-Ministerial Defence Committee shall meet in ordinary session, upon a call by its President and on its own initiative, before each meeting of the Council and at least half-yearly.

The President may agree to hold extraordinary meetings to address a specific or urgent matter, as often as necessary, for the development of the functions that the Inter-Ministerial Defense Commission has entrusted.

2. The agenda of the meetings of the Inter-Ministerial Defense Committee shall be set by the President, taking into account the planning of the activities of the National Defense Council and the requests that may be made by the others. members of the Commission at least ten days in advance.

3. The President may convene in accordance with the nature of the matters to be dealt with on the agenda, with a voice but without a vote, to representatives of other ministerial departments with minimum organic level of Deputy Director General.

4. The President may also convene, with a voice but without a vote, depending on the nature of the matters to be dealt with on the agenda, other authorities or positions of the other Public Administrations, as well as those persons who, by their experience, they can make a relevant contribution.

5. The deliberations of the Inter-Ministerial Defense Committee, in accordance with applicable regulations, shall have at least the qualification of the reserved.

Article 12. Organ of support.

1. The Inter-Ministerial Defense Commission will have the support of a Permanent Secretariat made up of the necessary personal means for the development of its function.

2. The Permanent Secretariat, at the forefront of which the Secretary of the Inter-Ministerial Defense Commission will be, will be responsible for the management of the ordinary affairs and will also develop the following functions:

(a) To implement the agreements adopted by the Inter-Ministerial Defense Commission, thus showing the signature and representation of the Inter-Ministerial Defense Commission and to materialize the actions necessary to carry out the coordination with other organs of the General Administration of the State and other Public Administrations, in the own affairs of the Inter-Ministerial Defense Committee.

b) To carry out and, where appropriate, propose, studies, analyses and investigations related to the functions of the Inter-Ministerial Defense Commission, as well as those others who are responsible for the performance of their functions.

c) Custodian and carry out the file of the National Defense Council and the constituent organs.

d) How many issues the President of the Inter-Ministerial Defense Commission will be responsible for.

Additional disposition first. Arrangements for expenditure on organisation, operation and personnel.

The appropriations to cover the costs of the organization, operation and personnel of the National Defense Council and the constituent bodies shall be recorded in the General Budget of the State.

Additional provision second. Establishment plan and employment relationship of the support body of the Inter-Ministerial Defence Commission.

The support body of the Inter-Ministerial Defence Commission will have the staff of staff suitable for the performance of their duties in terms of establishing the employment relationship of the Ministry of Defence. Defense, according to the forecasts of this royal decree. In any case, this appropriation shall be made by the redeployment of the Ministry of Defence, without any increase in posts or remuneration.

Additional provision third. Constitution of the National Defense Council.

The National Defense Council and the Inter-Ministerial Defense Commission, as well as its support body, will be formed within three months of the entry into force of this royal decree.

Additional provision fourth. References.

The references to the National Defense Board in the laws and regulations will be understood to be made to the National Defense Council.

Additional provision fifth. Documentation and file.

The documentation regarding the actions of the National Defense Board will be incorporated into the file of the National Defense Council.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.

Final disposition first. Regulatory enablement.

The First Vice-President of the Government and Minister of the Presidency and the Minister of Defence, within the scope of their respective powers, are empowered to make appropriate arrangements for the development of this real decree.

Final disposition second. Entry into force.

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

Given in Madrid, October 5, 2007.

JOHN CARLOS R.

The Minister of Defense,

JOSE ANTONIO ALONSO SUAREZ