In accordance with Article 13 of the Treaty establishing the European Community, which states that the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt appropriate action to combat discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, the Council of the European Union adopted Council Directive 2000 /43/EC of 29 June 2000 on the June 2000, on the application of the principle of equal treatment for persons regardless of their racial or ethnic origin.

Article 13 of Directive 2000 /43/EC provides that each Member State shall designate one or more bodies responsible for the promotion of equal treatment of all persons without discrimination on grounds of racial or racial origin. ethnic.

Law 62/2003, of 30 December, of Fiscal and Administrative Measures and of the Social Order, addressed the transposition of Directive 2000 /43/EC and, in particular, in relation to the forecast contained in Article 13 of the Article 33 of the Directive provides for the creation of the Council for the promotion of equal treatment and non-discrimination against persons for racial or ethnic origin. Paragraph 4 of that Article states that the composition and functioning of the Council shall be governed by royal decree.

According to Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, Article 7.3 of which provides that the Council for the Promotion of Equality Treatment and non-Discrimination of Persons by the Racial or Ethnic Origin is attached to the General Directorate of Integration of Immigrants, this royal decree adscribe the Council to the Directorate General of Integration of Immigrants, an organ that provide the necessary support in the performance of their duties.

Law 62/2003 of 30 December, in its article 33.2, attributes powers to the Council that groups in three large blocs. With the aim of developing and completing the competences collected in the law, from a perspective of integral approach to the promotion of equal treatment and non-discrimination of people by their racial or ethnic origin, the present Real Decree collects the functions of the Council in Article 3.

Law 62 /2003, of December 30, in article 33, sets up the Council for the Promotion of Equal Treatment and Non-Discrimination of Persons for the Racial or Ethnic Origin as a collegiate body to which they will be a member. necessarily the Ministries with responsibility for education, health, benefits and social services, housing and, in general, the supply and access to any goods and services, as well as access to employment, to the activity on behalf of the and the professional exercise, affiliation and participation in the trade union organizations and business, working conditions, professional promotion and occupational and continuing vocational training. In compliance with the provisions of Article 33 of Law 62/2003, 30 December, this Royal Decree establishes in Article 4 that eight of the persons exercising the words of the Council shall be appointed to represent the General Administration of the State.

Article 33.3 of Law 62/2003 of 30 December states that the Ministries with competence in matters falling within its scope of action will be part of the Council and that participation in the Council should be ensured. of the Autonomous Communities, of the local authorities, of the most representative employers ' and trade unions, as well as of other organisations representing interests related to racial or ethnic origin.

The effectiveness in the outcome of the actions that correspond to the Council makes it necessary for the cooperation between the General Administration of the State and the Administrations of the Autonomous Communities and the Local Administration, It should be set up as an active principle, which presides over the performance of public administrations. In order to make this cooperation effective, in the field of promoting the principle of equal treatment and non-discrimination by racial or ethnic origin, the Royal Decree provides in Article 4.1 (e) and (f) the participation in the Council of four representatives. of the Autonomous Communities and the Cities of Ceuta and Melilla, and three representatives of the Local Administration appointed on a proposal from the Higher Council for Immigration Policy.

The participation of the most representative business and union organizations, recognized by the Constitution, as actors that contribute to the defense and promotion of the social interests that are of their own, contributes to to ensure compliance with the Council's objectives. In order to enable the Royal Decree to be involved in Article 4.1 (g) and (h), it provides that two persons representing the most representative business organisations and two persons on behalf of the Council shall be represented by the Council. the most representative trade union organisations, appointed on a proposal from them.

The participation of organizations that represent interests related to the racial or ethnic origin of people, as entities and organizations that channel citizen participation and with proven experience in the (a) the role of the Council, which is essential for the achievement of the Council's objectives. This participation is set out in Article 4.1. i) of the Royal Decree, in which it is established that the selection of the organizations and associations will be carried out by public notice carried out through the order of the Minister of Labour and Social Affairs.

As regards the legal and operating arrangements of the Council, as an inter-administrative collegiate body with the participation of organisations representing social interests, it complies with the provisions of Law 30/1992 of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure. In accordance with the provisions of Law 30/1992 of 26 November, the Council must act with full submission to the law and to the law, in accordance with the criteria of efficiency and service to the citizenry. This submission to the law guarantees the independence of the Council in its action, a guarantee that is reinforced by its nature as a collegiate body in which it participates in addition to the General Administration of the State, the Autonomous Administrations and Local and the representative social interest organizations.

This royal decree provides that the Council will function in full and in a permanent commission, as well as that its regime will be in accordance with the provisions of Chapter II of Title II of Law 30/1992, of November 26. This form of operation has been envisaged to ensure that action is taken as quickly as possible in the light of the Council's aims and functions which, in many cases, require an immediate response from the Council.

In the handling of this royal decree, the Forum for Social Integration of Immigrants and the State Council of the Gypsy People has been issued.

In its virtue, on the proposal of the Ministers of Labor and Social Affairs and of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 21 September 2007,

D I S P O N G O:

CHAPTER I

Legal nature, purposes and functions

Article 1. Legal nature and membership.

1. The Council for the Promotion of Equal Treatment and Non-Discrimination of Persons for the Racial or Ethnic Origin, established by Article 33 of Law 62/2003 of 30 December, of fiscal, administrative and social measures, is a The Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities state, regional and local, as well as business and trade union organisations representative and other organisations representing interests related to the racial or ethnic origin of persons.

2. The Council for the Promotion of Equal Treatment and Non-Discrimination of Persons for Racial or Ethnic Origin is attached to the Ministry of Labor and Social Affairs, through the General Directorate of Integration of Dependent Immigrants. of the Secretary of State for Immigration and Emigration, without participating in the hierarchical structure of the Secretariat.

Article 2. Finnish.

In accordance with Article 33.1 of Law 62/2003 of 30 December, of Fiscal, Administrative and Social Order Measures, the Council is responsible for the promotion of the principle of equal treatment and not discrimination, of persons because of their racial or ethnic origin, in education, health, benefits and social services, housing, and in general, supply and access to any goods and services, as well as access to employment, to the own-account activity and professional practice, membership and participation in the trade union and business organisations, working conditions, professional promotion and occupational and continuing vocational training.

Article 3. Competencies.

In order to comply with the objectives set out in the previous article, in accordance with the provisions of article 33.2 of Law 62/2003 of 30 December, of Tax, Administrative and Social Order Measures, the Council develop, with full functional autonomy and with the support of the Spanish Observatory of Racism and Xenophobia, the following competencies:

(a) Provide independent assistance to victims of direct or indirect discrimination based on racial or ethnic origin, when dealing with their claims.

b) Conduct with autonomy and independence, analysis and studies, as well as publish independent reports on the discrimination of persons on grounds of racial or ethnic origin and on respect for the principle of equality understood as the absence of any direct or indirect discrimination based on the racial or ethnic origin of a person. In the exercise of this function, the Council may:

1. Issue, on its own initiative or at the request of the competent organs of the General Administration of the State, independent reports on those normative projects, plans, programs and other initiatives related to the object and purpose of the Council.

2. To develop and approve the annual report on the situation of discrimination and the application of the principle of equal treatment for racial or ethnic origin, and to elevate it to the Minister of Labour and Social Affairs.

(c) Promote measures that contribute to equal treatment and the elimination of discrimination against persons on the basis of racial or ethnic origin, making, where appropriate, the recommendations and proposals that come and, in particular:

1. To analyze regulations regarding equal treatment and non-discrimination on the basis of racial or ethnic origin, proposing initiatives for adoption or modification.

2. Inform initiatives and make recommendations in relation to plans or programs to promote equal treatment and non-discrimination by racial or ethnic origin.

3. Advise and report on indirect anti-discrimination practices in the various policy areas.

4. Promote information activities, awareness-raising, training actions and how many others are necessary for the promotion of equal treatment and non-discrimination.

5. To establish relationships of exchange of information and collaboration with international, national, regional or local organs or similar institutions.

6. Establish mechanisms for cooperation and collaboration with other organs, entities and High Institutions for the defense of fundamental rights.

d) Develop and approve the Annual Report of the Council's activities and raise it to the Minister of Labour and Social Affairs.

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

CHAPTER II

Membership of the Council for the promotion of equal treatment and non-discrimination of persons for racial or ethnic origin.

Article 4. Composition of the Council.

1. The Council for the Promotion of Equal Treatment and Non-Discrimination of Persons for Racial or Ethnic Origin shall be composed of:

(a) Presidency: The person holding the Presidency of the Council shall be appointed by the Minister of Labour and Social Affairs, on a proposal from the person in charge of the Secretary of State for Immigration and Emigration among persons the recognition of the right to promote equality of treatment and the fight against discrimination on grounds of racial or ethnic origin. The term of office shall be three years.

(b) The First Vice-Presidency: The person holding the First Deputy Presidency of the Council shall be elected by and among the persons exercising the designated vocalias on behalf of the organisations and associations to which he/she is refer to paragraphs (g), (h) and (i).

(c) Vice-Presidency Second: The person holding the Second Council Vice-Presidency shall be the titular person of the Directorate-General for the Integration of Immigrants.

(d) Eight members, all of whom rank as Director-General, representing the General Administration of the State in accordance with their powers directly or indirectly for the purposes of the Council, in accordance with the next distribution:

1. No. By the Ministry of Labor and Social Affairs: A vowel to be appointed by the head of the Secretariat of State for Social Services, Families and Disability. A vowel to be appointed by the titular person of the General Secretariat of Employment. A vocal from the Secretary of State for Immigration and Emigration, who will be the head of the General Directorate of Integration of Immigrants.

2. The Ministry of Education and Science: The head of the Directorate-General for Education, Vocational Training and Educational Innovation.

3. º By the Ministry of Justice: The person who holds the General Directorate of Relations with the Administration of Justice.

4. º By the Ministry of Health and Consumer Affairs: The head of the General Directorate of Cohesion of the National Health and High Inspection System.

5. º By the Ministry of Interior: a vocal to be appointed by the Secretary of State for Security.

6. By the Ministry of Housing: The head of the Directorate-General for Architecture and Housing Policy.

e) Four vowels representing the Autonomous Communities and the cities of Ceuta and Melilla, on a proposal from the Higher Council for Immigration Policy.

f) Three vowels on behalf of the Local Administration, on a proposal from the Association of Local Entities with greater representation.

g) Two vowels representing the most representative business organizations, on a proposal from them.

h) Two vowels representing the most representative trade union organizations, on a proposal from them.

i) 10 vowels representing organisations and associations whose activity is related to the promotion of equal treatment and non-discrimination of persons due to their racial or ethnic origin, on a proposal from them. The selection of the organisations and associations shall be carried out by public notice carried out through the order of the Minister for Labour and Social Affairs.

2. The Secretary of the Council shall be the head of the Directorate of the Spanish Monitoring Centre on Racism and Xenophobia, who shall act, in the performance of his duties, as the Secretary of the Council, with functional autonomy in respect of the Directorate-General for Integration of Immigrants.

Article 5. Presidency.

1. The duties of the holder of the Presidency of the Council shall be:

a) Ostend the representation of the Council.

b) Exercise the direction of the Council.

(c) Agree to the convening of ordinary and extraordinary sessions and the establishment of the agenda, taking into account, where appropriate, requests from other members in good time.

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

e) To vote, in case of a tie, with your vote.

f) Visas the minutes and certifications of the Council agreements.

g) Vellar for compliance with current regulations.

h) Carry out any other functions that are inherent in his/her status as a person holding the Council Presidency.

2. The person holding the Presidency of the Council may be replaced only in the case of a vacancy, absence or illness, by the person holding the First Vice-Presidency and, in the case of a vacancy, absence or sickness of the latter, by the person holding the the Second Vice-Presidency.

Article 6. Vice Presidency.

1. It shall be for the person holding the First Vice-Presidency:

(a) Replace the person holding the Presidency in cases of vacancy, absence or illness of the person exercising his or her duties.

b) How many other functions are delegated to you by the person holding the Presidency.

2. It shall be for the person holding the Second Vice-Presidency:

(a) Replace the person holding the First Vice-Presidency in cases of vacancy, absence or disease of the latter exercising his or her duties.

b) How many other functions are delegated to you by the person holding the Presidency.

3. The function of Vice-Presidency shall not be delegated. In the event of a vacancy, absence or sickness of the person holding the Presidency and those held by the Vice-Presidencies, the President of the Council shall be the person appointed by the Minister of Labour and Social Affairs, on a proposal from the head of the Secretariat of State for Immigration and Emigration, from among the other persons exercising the words of the Council.

Article 7. Duties of the members of the Council.

1. It will be for the Council's vowels:

(a) Receive, at least forty-eight hours in advance, the notice containing the agenda of the meetings. Information on the topics on the agenda will be available to the members in the same time.

b) Participate in the discussions of the sessions and make proposals related to the purposes and functions of the Council.

c) Participate in the preparation of reports, opinions and recommendations which, in each case, the plenary agrees.

d) Participate in the commissions and workgroups that are constituted.

e) Exercise the right to vote, and formulate your particular vote, as well as express the reasons that justify it.

f) Formulate pleas and questions.

g) Access the information necessary for the performance of your functions. To this end, they shall make in writing the corresponding request addressed to the Secretary of the Council.

h) How many other functions are inherent in the voice condition.

2. In no case shall the vowels of the Council be entitled to the representation or powers of the Council, unless expressly granted to them by agreement of the collegiate body and for specific cases.

Article 8. Appointment and replacement of the members of the Council.

1. The members of the Council and their alternates shall be appointed by the Minister for Labour and Social Affairs. The nomination proposal shall be made in accordance with the terms set out in Article 4.1.e), (f), (g), (h) and (i) of this Royal Decree.

2. For each of the members of the Council, an alternate shall be proposed, which shall replace the holder in the event of absence, vacancy or sickness. In the case of representation of the General Administration of the State, the alternate person shall have a rank of Deputy Director General.

3. The term of office of the members of the Council shall be three years. The duration of the substitutions will be limited to the command time subtracting the replaced person.

4. After the period of the term of office, the vowels shall be renewed, the outgoing Council shall remain in office until the new vowels are appointed.

Article 9. Dismissal of the members of the Council.

1. The voice of the Council shall cease for any of the reasons set out in

following paragraphs:

(a) For the expiry of the period of his appointment, without prejudice to the provisions of Article 8.4.

b) By dissolution or legal incapacity of the entity they represent.

(c) By resignation of the member, accepted by the holder of the Ministry of Labour and Social Affairs, to be communicated to the Secretariat of the Council.

d) By waiving its membership in the Council of the organization to which it represents.

e) Because you have ceased as a member of the organization that you represent.

f) For unjustified inassistance to three consecutive or five alternate plenary sessions, within the duration of the term of office. Both the holder's and the alternate's inassists shall be computed.

g) Quit the requirements that determined your designation.

(h) For a serious breach of its obligations, on a proposal from the plenary, approved by a two-thirds majority.

i) For any cause, preventing you from exercising the functions you are assigned to.

2. The competence for the cessation of the members of the Council is the responsibility of the Minister of Labour and Social Affairs.

3. If one of the members of the Council has ceased to leave, they shall be covered by the appointment of the holder of the Ministry of Labour and Social Affairs on a proposal from those responsible for carrying out the work in accordance with the provisions of this Article. decree.

Article 10. Duties of the Secretariat of the Council.

It shall be for the holder of the Council Secretariat:

a) Attend the meetings of the plenary and the standing committee, with a voice, but without a vote.

b) To convene the plenary sessions and the Permanent Commission of the Council on the order of the person holding the Presidency of the Council, accompanying the agenda.

(c) Receiving the acts of communication which the vowels raise to the Council and, therefore, the notifications, acknowledgments of receipt, excuses for assistance, requests for data, corrections or any other kinds of writings from which that organ must have knowledge.

d) Prepare for the dispatch of the cases, draft and authorize the minutes of the plenary sessions and the permanent Council Commission.

e) Exorder certifications from the consultations, opinions and agreements approved in the plenary and the Permanent Council Commission.

f) How many other functions are inherent in your status as the holder of the Council Secretariat.

CHAPTER III

Operation of the Council for Equal Treatment and Non-Discrimination of Persons by Racial or Ethnic Origin

Article 11. Operation of the Council.

The Council for Equal Treatment and Non-Discrimination of Persons by Racial or Ethnic Origin will work in plenary and in the Standing Committee. The Council may provide itself with its own rules of operation for the best fulfilment of its purposes, within the requirements laid down by this royal decree, which shall be adopted by the plenary assembly.

Article 12. Plenary session, sessions and functions.

1. The Council's plenary session shall meet at least twice a year in ordinary session, and in an extraordinary manner when agreed by the person holding the Presidency of the Council, on his own initiative or at the request of one third of the members.

2. The Council's ordinary calls shall be made in good time and at least seven days before the date of the meeting. For extraordinary meetings, this period may be reduced, which shall in no case be less than four days before the date of the meeting.

3. The calls must indicate day, place and time, both in the first and second convocation. For these purposes, the documentation on the items on the agenda shall be made available to the Secretariat at the disposal of the members of the Council.

4. For the valid constitution of the plenary session for the purposes of the holding of sessions, deliberations and agreements, the presence of the persons exercising the Presidency and the Secretariat of the Council or those of the Council shall be required. substitute, and half, at least, of its members. The second call shall be sufficient for the presence of the persons holding the Presidency and the Secretariat of the Council or of those who replace them and of the third party of its members.

5. The plenary session will be:

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

(b) To tender any queries that are made to it by the ministerial departments or other entities, in matters related to their purposes.

(c) Request the necessary information on the matters covered by the Council's competence, in accordance with Articles 2 and 3.

d) To elect the vowels of the Standing Committee in accordance with the terms of Article 13.

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

f) Approve the Council's internal operating rules.

g) Approve the annual memory of Council activities.

h) Approve reports and opinions in the exercise of the functions set out in Article 3.

i) Designate two independent experts who will be able to attend the plenary sessions with a voice and no vote, to advise the members on matters relating to the Council's powers.

j) Approve the annual report on the situation of discrimination and the application of the principle of equal treatment by racial or ethnic origin.

Article 13. Composition, functioning and functions of the Standing Committee.

1. Within the Council, and as a permanent executive body for the exercise of its functions and tasks relating to matters of procedure, preparation or study, or entrusted to it by the Council, the Standing Committee of the Council is hereby established. which will have the following composition:

(a) Presidency: It shall be exercised by the person holding the Presidency of the Council.

(b) Vice-Presidencies: They shall be exercised by the persons exercising the Vice-Presidencies of the Council.

(c) Four members: Elected by the plenary session of the plenary members representing the Ministry of Labour and Social Affairs, the local and regional authorities and the organisations referred to in Article 4.1 (g), (h) and (i) of this royal decree.

2. The Standing Committee shall submit to the plenary of the Council the adoption of agreements to this effect.

3. At each regular session of the Council plenary, the Standing Committee shall be accountable for its operation.

4. The Standing Committee shall hold at least three ordinary sessions a year, and may meet in an extraordinary manner as many times as necessary, provided that the person holding the Presidency is called on his own initiative or one third of his/her own. members.

5. The Permanent Commission Secretariat shall be the head of the Directorate of the Spanish Observatory on Racism and Xenophobia.

Additional disposition first. Call for the selection process of the Council members provided for in Article 4.1 (i) of this royal decree.

The process of selecting the Council vowels provided for in Article 4.1 (i) of this royal decree shall be convened within a maximum of one month from its entry into force.

Additional provision second. Applicable rules.

As not provided for in this royal decree, and without prejudice to the peculiarities provided for in the internal operating rules which the Council may approve, the functioning of the Council shall be governed by the provisions of Chapter II of the Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Additional provision third. Funding.

The Ministry of Labour and Social Affairs, through the Directorate-General for Integration of Immigrants, will provide the necessary funds for the performance of the functions and the development of the Council's activities, with

appropriation is intended to cover:

The functioning of the Council shall not entail an increase in public expenditure, without prejudice to the financial compensation referred to in the fourth additional provision.

Additional provision fourth. Economic compensation for participation in Council meetings.

The exercise of their duties by the members of the Council shall not imply the perception of any remuneration in such a way, with the exception of the indemnities of the members ' representatives and associations referred to in Article 4.1 (g), (h) and (i) of this royal decree, where the meetings are held in a location other than that of the place of residence. Such allowances shall be established in accordance with the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for the service.

Final disposition first. Amendment of Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed.

Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, is amended as follows:

One. Paragraph 1 (l) of Article 7 (1) is amended as follows:

"l) Promotion of the principle of equal treatment and non-discrimination and the fight against racism and xenophobia."

Two. Paragraph 2 (b) of Article 7 (2) is amended as follows:

"(b) The Subdirectorate-General for Institutional Relations, which corresponds to the exercise of the functions listed in paragraphs (g), (h), (i), (j) and (k) of the previous paragraph."

Three. A point (c) is added to Article 7 (2), with the following wording:

" (c) The Spanish Monitoring Centre on Racism and Xenophobia to which the functions listed in paragraph 1 (l) are carried out, as well as the functions of secretariat and technical support to the Council for the Promotion of Equality of Treatment and non-Discrimination of Persons by Racial or Ethnic Origin. In the exercise of the latter, it shall act under the top leadership of the Council and with functional autonomy in respect of the Directorate-General for Integration of Immigrants. "

Four. Article 7 (3), which is worded as follows, is amended as follows:

"The Forum for the Social Integration of Immigrants and the Council for the Promotion of Equal Treatment and Non-Discrimination of Persons for the Racial or Ethnic Origin" are attached to the General Directorate.

Final disposition second. Faculty of development.

The Minister of Labour and Social Affairs is empowered to dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, 21 September 2007.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ