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Royal Decree 1300 / 2006, Of 10 November, On Organization And Functions Of The Ministries Of Interior On The Diplomatic Missions Of Spain.

Original Language Title: Real Decreto 1300/2006, de 10 de noviembre, sobre organización y funciones de las Consejerías de Interior en las Misiones Diplomáticas de España.

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TEXT

The powers in the field of international cooperation of the State Security Forces and Corps are governed by the Organic Law 2/1986 of 13 March of the Forces and the Security Corps (article 12.1). However, this article suffered from express development. Only Royal Decree 991/2006 of 8 September, for which the basic structure of the Ministry of the Interior is developed, refers to the functions of management and coordination of international police cooperation by the Secretariat of State (Article 2), the Directorate-General of the Police and the Civil Guard, as regards coordination with other foreign information bodies (Article 3) and the Directorate-General for International Relations and Foreign Affairs, to define the actions and programmes of action of the technical bodies of the Department in Diplomatic Missions (Article 5).

Therefore, it seems necessary to expressly regulate the structure and functions of the Interior Ministry, thus covering the existing gap. This regulation should make it possible to improve the structure of the existing Councils, as well as their territorial deployment, in order to strengthen our presence in certain countries where internal cooperation is a priority.

The experience of these years, the importance acquired by the cooperation programs developed by the Department in other countries, both in the bilateral and the European Union framework, of the Organization of Nations United, the Organization for Security and Cooperation in Europe and other international bodies, as well as the need to address the challenge of international terrorism and other forms of transnational organized crime, they advise, in addition, a specific regulation.

In its virtue, on the initiative of the Ministers of the Interior and of Foreign Affairs and Cooperation, on a proposal from the Minister of Public Administration and after deliberation of the Council of Ministers at its meeting on November 2006,

D I S P O N G O:

CHAPTER I

Interior Counselors

Article 1. Definition.

1. The Interior Counselors are the technical bodies of the Permanent Diplomatic Missions of the Kingdom of Spain, under the direction and coordination of the Head of the same, for the development of the functions that, in the framework of the competences of the Ministry of the Interior, they are entrusted with this royal decree.

2. In the Permanent Representations of Spain to the International Organizations, whose objectives or scope of action are directly related to the competences of the Ministry of the Interior, they may also exist, under the direction and coordination of the Permanent Representative Ambassador, the posts of Interior Counsellor that are deemed necessary for the performance of the functions referred to in this royal decree.

Article 2. Dependency.

1. Without prejudice to their organic integration in the diplomatic missions or in the respective Permanent Representations, as well as the powers of management and coordination of the Heads of State, the Ministry of the Interior depends on the Deputy Director General of International Police Cooperation, integrated in the Directorate General for International Relations and Foreign Affairs, and maintain relations of coordination and information with the Directorate General of the Police and the Civil Guard, as well as with the other management bodies of the Ministry of the Interior, competent in the field of in question.

2. It is up to the General Secretariat for International Police Cooperation to define the actions and programmes of action of the Interior Ministry as technical bodies of the Diplomatic Missions, its internal organization and its endowment. budget, as well as its technical inspection and control, without prejudice to the powers of management and coordination of the Head of the Diplomatic Mission and the respective Permanent Representation.

Article 3. Creation and deletion.

1. The creation or removal of an Interior Ministry will be carried out by royal decree, at the joint initiative of the Ministers of the Interior and Foreign Affairs and Cooperation, and on the proposal of the Minister of Public Administration.

2. The Minister of Foreign Affairs and Cooperation, on a proposal from the Minister of the Interior, will accredit the Directors and Interior Attachors for the performance of their duties in other States.

Article 4. Functions.

1. In general, the Ministry of the Interior shall support the exercise of the functions of the Ministry of the Interior, in the field of its powers, and in particular shall perform the following tasks:

(a) To provide advice and technical assistance, to inform and perform functions of support to the Head and other bodies of the Diplomatic Mission in the field of the Interior and to collaborate in the promotion of relations with the receiving State.

b) Collaborate and support the members of the Security Forces and Forces of other countries.

c) Relating to the security and internal authorities of the receiving State and promoting bilateral cooperation in the field of general administration of public security, promoting the conditions for the exercise of fundamental rights, civil protection rights, general administration of traffic police and road safety, administration and regime of prison institutions, and the development of electoral processes.

d) Provide information to the higher bodies and managers of the Ministry of the Interior and the National Anti-Terrorist Coordination Centre on the activities they carry out in the fight against terrorism; drug trafficking and other expressions of organized crime affecting the internal security of Spain.

e) To collaborate in the representation of the position of Spain in security and interior matters.

f) To support the initiatives and activities of all the higher bodies and managers of the Ministry of the Interior in the receiving State.

g) To support Home Office officials who move to the country of destination.

(h) Collaborate with the Head of Mission or Permanent Representative, in matters of the Ministry of the Interior, for the representation of Spain to other States and International Organizations, as appropriate, with the instructions of the senior organs and managers of the Department.

(i) Service of liaison in accordance with the regulations of the OIPC-INTERPOL, Europol and other bodies of international police cooperation, providing the assistance necessary for the execution of international rogatory commissions, detention, extradition procedures and other activities of such organisations, without prejudice to the powers reserved for other departments of the Administration through international conventions and treaties or any other instruments to be established, and in particular, to those designated as Authorities Central to them.

2. The tasks entrusted to the Ministry of the Interior shall be carried out without prejudice to the powers and functions entrusted to other bodies of the Diplomatic Missions in their specific rules and within a framework of cooperation and complementarity with these.

Article 5. Structure.

The Board of Directors will be held by the Interior Minister. For the performance of their duties, the Ministry of the Interior shall have the official and labour staff established in the corresponding relations and catalogues of jobs.

CHAPTER II

Home and Aggregate Advisors

Article 6. The Home Counselor.

1. At the head of each Ministry of the Interior there will be a Counsellor who will hold the post office, without prejudice to the coordination functions that correspond to the Head of the Diplomatic Mission.

2. The appointment and dismissal of the members is the responsibility of the Minister of the Interior, after consulting the Ministry of Foreign Affairs and Cooperation. The appointment will take place, under the free designation procedure, upon a public call between members of the State Security Forces and Corps.

3. Exceptionally and by means of a reasoned decision, the Interior Directors in the Permanent Representations of Spain to the Multilateral International Organizations may be appointed among officials from other bodies. Superiors of the General Administration of the State.

4. Once the appointments have been made, they shall be transferred to the Ministry of Foreign Affairs and Cooperation, which shall be accredited to the receiving State or organisation concerned.

5. The following requirements shall be required in order to be assigned to an Interior Counsellor position:

a) Being in an active service administrative situation.

b) To be aged five years, at least, in the Body to which you belong.

c) Credit sufficient knowledge of the language or languages required for the development of the post.

(d) Additional requirements may be required for the call in relation to the nature and status of the job.

In the case of a member of the State Security Forces and Corps, the Counsellor shall belong to the Superior Scale of Civil Guard Officers or to the Superior or Executive Escalations of the National Corps of Police.

6. Before joining its destination, the Counsellor will perfect a training course organized by the Secretary of State for Security, in accordance with the guidelines outlined by the Minister of the Interior.

7. The Adviser shall be responsible for the economic management and coordination of the administrative services of the Department.

Article 7. The Aggregates.

1. The Home Added shall be dependent on the Home Counselor, who shall assist in the tasks assigned to them by the latter. The creation of the necessary Attaché jobs will be carried out through the corresponding employment relations.

2. They shall be appointed and shall cease for the same procedure and in accordance with the same requirements laid down for the members in the previous Article.

3. Where the needs of the service so require, the Attaché may be assigned to cities other than the seat of the respective Embassy, upon acceptance by the receiving State.

4. The Ministry of the Interior may also designate Attaché in the States where there is no Interior Department. These aggregates shall depend on the Head of the Spanish Diplomatic Mission in the respective State and shall perform the functions assigned to them by the Counsellor to whose demarcation the State corresponds, in accordance with the attachment to those effects Ministry of the Interior.

5. In the case of foreign police services, international police organizations and forums may be appointed Liaison Officers belonging to the State Security Forces and Corps, in order to facilitate cooperation and exchange. information between those international institutions, foreign police bodies or international forums and the Spanish police corps, without prejudice to the relations between those foreign bodies and other services or National administrations, on the basis of existing agreements or treaties.

Such Liaison Officers will be functionally dependent on the Body to which they belong for the purpose of maintaining proper relationships with their foreign correspondent. Without prejudice to this, they will be integrated, as Attaché, in the corresponding Department and subject to the higher coordination functions that correspond to the Counsellor. The creation, if any, of these liaison officers ' posts will be carried out through the corresponding relation of jobs or the catalogue of jobs of the State Security Forces and Corps.

Article 8. Stay abroad and calls.

1. The period of stay of the officials referred to in Articles 5, 6 and 7 shall be a minimum of two years and a maximum of five years.

2. Exceptionally, the stay in a post may be shortened or extended by a decision of the Secretary of State for Security, heard by the Commission of Destinations Abroad, for duly justified reasons, either of a personal nature or for reasons of reason service.

3. In the first quarter of each year, the ordinary call for the provision of vacancies in the Interior Ministry to be filled during the same year will be produced. In addition, any extraordinary calls may be required to demand the needs of the service.

4. The calls shall be made public in accordance with the provisions of the regulations in force, including the posts to be provided, the characteristics of the destinations, the seat, the locality and country of the job, the dates foreseen for the inauguration, so as the specific requirements that are required for the performance of each of the positions.

5. Officials of the respective Corps will be able to request as many places as they wish within the convocations by pointing out their order of preference. The priorities of the official shall be taken into account as soon as they can facilitate their adaptation to the post and a better performance of their duties.

Article 9. Commission of Destinations Abroad.

1. The Committee on Foreign Affairs is the advisory body of the Ministry of the Interior responsible for the assessment and analysis, the assessment and the proposals for the resolution of calls for the provision of posts in the Interior Counselors. It will consist of:

(a) President: the holder of the Secretary of State for Security.

(b) Vocals: the following management bodies: Under-Secretary of the Interior, Directorate-General of the Police and Civil Guard, Directorate-General for International Relations and Foreign Affairs and Director of the Cabinet of the Minister or persons in whom he delegates at a level not lower than that of Deputy Director General.

(c) Secretary: the holder of the International Police Cooperation Subdirectorate-General.

2. Its regulation and operation shall be in accordance with the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. It will have as its main function to raise the Minister of the Interior with a non-binding proposal on:

(a) The resolution of the respective calls for posts in the Interior Ministry.

(b) The classification of jobs abroad which, if any, shall be raised to the competent bodies for approval.

c) The granting of carryovers and cesses of officials posted abroad.

Article 10. Working Group of Home Counselors.

In order to discuss and coordinate general aspects that affect the functioning, organization, and regime of actions to be followed by the Interior Ministry, the head of the Secretariat of State for Security will convene, with the a working group of Interior Directors, in which representatives of the Secretariat of State for Security, the Directorate General of the Police and the Civil Guard, the Secretariat, and the Secretariat of the Secretariat of the Directorate-General for International Relations and Foreign Affairs, Cabinet Minister, Centre National Anti-Terrorist Coordination and the Home Directors deemed appropriate by reason of the matter or territory.

Article 11. Technical advisors and administrative support staff.

1. In the Ministry of the Interior, and under the direct dependence of the Counselor or, as the case may be, the Attaché, they may exist, in accordance with the relations and catalogues of jobs, technical advisors and administrative support staff, whose functions and organisation of work shall be established by the respective Counsellor.

2. Where the needs of the service so require, the technical advisors may be assigned to cities other than the headquarters of the respective Embassy, prior to communication to the receiving State.

CHAPTER III

From the Interior Councillors of the Permanent Representations

Article 12. Legal regime.

The Interior Advisers of the Permanent Representations of Spain will be governed, in general, by the provisions of this royal decree, without prejudice to the peculiarities that may be derived from the specific regulations of the respective Representation and the characteristics of the international organisations concerned.

Additional disposition first. References of Royal Decree 991/2006, of 8 September, to organs of the Ministry of the Interior abroad.

All the references made to the technical bodies of the Ministry of the Interior, in the Diplomatic Missions, in Royal Decree 991/2006 of 8 September, which regulates the basic organic structure of the Ministry of the Interior, shall be understood to refer to those regulated by this royal decree.

Additional provision second. Financing of the public authorities and public expenditure.

The development of this royal decree will not imply an overall increase in public spending.

Additional provision third. Staffing and budgetary appropriations.

1. For the performance of their duties, the Ministry of the Interior will have an allocation of personnel according to the corresponding relationships and job catalogues.

2. They shall also have the budgetary appropriations entered in the General Budget of the State through the Ministry of the Interior Ministry of Security.

Additional provision fourth. Communication and information systems.

The Ministry of the Interior shall bear, in charge of its budgetary appropriations, the costs incurred in the implementation, administration and maintenance of all media.

Additional provision fifth. Relationships and catalogues of jobs.

1. The personnel who perform functions in the Diplomatic Missions and in the Permanent Representations to the entry into force of this royal decree and who may be affected by the content of the royal decree, will continue to provide such functions.

2. Within six months of its entry into force, proposals for the corresponding relations and catalogues of jobs which will be raised to the Inter-Ministerial Commission on Remuneration for their approval will be drawn up.

Final disposition first. Development of the royal decree.

1. The Ministers of the Interior and Foreign Affairs and Cooperation are hereby authorized to carry out, in the field of their powers, the provisions of this royal decree.

2. The Secretary of State for Security is authorised to issue instructions, general or particular, for the operation of the Interior Ministry.

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, 10 November 2006.

JOHN CARLOS R.

The Minister of Public Administration,

JORDI SEVILLA SEGURA