The additional provision of the Organic Law 9/2011, of 27 July, of rights and duties of members of the Armed Forces, states that the Ministry of Defense will establish appropriate channels for the associations to participate in the They shall be able to present their proposals and have access to the information of their interest to the defense of the economic and social interests of the retired military. And the additional provision primera.3 states that the most representative retired and disabled military associations will be convened to the meetings of the full Staff Council of the Armed Forces, to deal with matters that may affect their associates at least once a year, which is reproduced in Article 20.4 of the Staff Council Regulation of the Armed Forces, approved by Royal Decree 910/2012 of 8 June.

Paragraphs 2 and 3 of the first provision of the Organic Law 9/2011 of July 27, contain a standard that is generally conceived for retired military personnel. However, within the broad set of military personnel who have retired, the organic legislator specifically mentions the disabled, which has due reflection in the system of participation of the associations in the meetings of the Council of Personnel establishing this ministerial order. It should be taken into account, moreover, that this special mention for the disabled does not refer to those in active military who may suffer a disability, whose rights of participation are those corresponding to their status of service. active and are regulated in Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces.

Retired and disabled military associations are not governed by the provisions of Title III of the Organic Law 9/2011 of 27 July, so they cannot be registered in the Register of Professional Associations of Members of the Armed Forces, although they will have to be registered in the National Register of Associations and, in this way, acquire legal personality.

In this ministerial order procedures are included to identify which associations are beneficiaries of the aforementioned rights, since the aforementioned additional provision of the Organic Law 9/2011, of July 27, refers to associations of retired and disabled people. In this sense, they distinguish up to three types of associations: those that have among their purposes the defense of the economic and social interests exclusively of the retired military, those who defend those interests exclusively for the disabled military and others who do so indistinctly for both retired and disabled military personnel. It will be the interested association itself that provides this information to the Ministry of Defense, through a responsible statement.

Depending on the content of such a responsible statement, the associations that meet the requirements set out in each case may relate to the Ministry of Defense, as well as be convened to the plenary session of the Council of Staff of the Armed Forces, always in accordance with this ministerial order.

The procedure established to determine the most representative retired and disabled military associations, in a number of two, to be convened at the meetings of the full Staff Council of the Forces Armed, it guarantees that the associations with the highest number of retired military associates and retired military associates will be able to participate.

During its handling this ministerial order was informed by the professional associations with representation in the Council of Personnel of the Armed Forces, in accordance with article 40.2.b) of the Organic Law 9/2011, of July 27. Finally, according to the provisions of article 49.1 (c) of the aforementioned organic law, it has been informed by the Armed Forces Staff Council.

Moreover, pursuant to Article 24.1.c) of Law 50/1997, of 27 November, the Government has been granted a hearing to the retired and disabled military associations.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, I have:

Article 1. Purpose.

purpose of this ministerial order is to establish appropriate channels for retired and disabled military associations to present their proposals and to have access to information of their interest, as well as their Participation in the meetings of the full staff of the Armed Forces Staff Council, hereinafter referred to as the Staff Council.

Article 2. Scope.

What is established in this ministerial order will apply to retired and disabled military associations, which, in compliance with the requirements laid down in Organic Law 1/2002, of March 22, regulatory of law They are registered in the National Register of Associations and are intended to defend the economic and social interests of retired and disabled military personnel.

Article 3. Requirements for the establishment of relationship channels and participation in meetings of the plenary sessions of the Staff Council.

1. In order for a retired and disabled military association to present its proposals and to have access to information of its interest and to be convened to attend the meetings of the plenary of the Staff Council, it must present, with a before 31 January, in the permanent secretariat of the Staff Council, a responsible statement, in accordance with the model in the Annex, with data on 31 December, in which the following aspects shall be included:

a) That is entered in the National Registry of Associations with the corresponding number.

b) The purpose is to defend the economic and social interests of retired military personnel, the military with disabilities, or both, and must express one of the three options.

c) Number of retired military associates, exclusively counting those from the Army of the Earth, Navy, and Air Force, as well as the Armed Forces ' Common Corps, and specifying the number of retired military personnel. have also the consideration of the disabled.

d) Which has a national scope and is constituted for an indefinite period.

e) That is not lucrative.

f) That is not represented, nor is part, by federation, confederation or association of associations, of the professional associations of members of the Armed Forces.

2. Associations which do not comply with the requirements of paragraph 1, as well as those which have not submitted their responsible statements before 31 January, or those who have provided inaccurate, false or omitan information in such statements In accordance with Article 71 (4) of Law 30/1992 of 26 November 1992, the Legal System of Public Administrations and the Common Administrative Procedure shall not be able to present their proposals or have access to the data. information of their interest, nor shall they be convened to attend the meetings of the plenary of the Staff Council.

3. Associations submitting, in time and in form, the responsible declaration provided for in paragraph 1 and meeting the requirements laid down therein, irrespective of their number of partners, may submit their proposals and have access to information of your interest during the year concerned.

4. From among the associations which present, in time and form, the responsible declaration provided for in paragraph 1 and meet the requirements laid down therein, two may be appointed to the meetings of the plenary of the Staff Council. during the corresponding year, according to the following rules:

a) The first of these is the one that has declared the highest number of associates that have the status of retired.

b) The second will be the association that has declared the highest number of associates who meet the double condition of retired and disabled.

If the association designated under point (a) is at the same time as having declared the highest number of partners with the double status of retired and disabled, then the second designated association will be which would have declared the second largest number of associates that have the status of retired.

5. The Deputy Secretary of Defense shall decide on compliance with the above requirements for the purposes set out in paragraphs 3 and 4 of this Article. This resolution shall be notified to the association and shall have effect only during the relevant year.

Article 4. Appropriate channels for submission of proposals and access to information.

For associations that have been resolved in the sense that they can present their proposals and have access to information of their interest, the following will be taken into account:

a) These partnerships will be directed and received exclusively through the Permanent Secretariat of the Staff Council. The permanent secretariat, upon receipt of a proposal, and after verifying that it is a matter relating to the economic and social interests of the retired and disabled military, will forward it to the appropriate management bodies. Ministry of Defense for its assessment. The permanent secretariat shall notify the association of the decision taken or the reasoned response to its proposal. Those expressly regulated procedures are exempted from the provisions of this paragraph.

b) When these associations pretend that their proposals are considered in the Staff Council, they will have to explicitly specify this circumstance. Such proposals may be placed on the agenda of the plenary session of the Staff Council, where appropriate, in accordance with the procedure laid down below.

c) Relations between the associations and the permanent secretariat of the Staff Council may be established using electronic means through the Central Electronic Headquarters of the Ministry of Defence, in accordance with the provided for in Articles 6 and 10 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to Public Services. In addition, relations may also be established between these parties, official correspondence may be brought forward or, for reasons of efficiency and economy, a voluminous documentation shall be sent using the e-mail accounts of the courier system. interpersonnel of the Ministry of Defence and those of the associations designated by them.

Article 5. Procedure for the participation of retired and disabled military associations in the Staff Council.

1. The Chairman of the Staff Council shall determine the meetings of the plenary session to which the two associations shall be convened, on which it has been resolved that they may participate in the Staff Council. In any event, the call for the plenary session of the Staff Council shall be at least annually.

2. A representative of each of the two associations convened shall participate in the plenary sessions of the Staff Council. Such representative shall be a full member of the association and shall have the consideration of retired military personnel from the Army of the Earth, Navy or Air Force, or the Armed Forces Common Corps.

3. In accordance with Article 4 (b), the Permanent Secretariat of the Staff Council shall inform all the associations, in good time, of the deadline for the receipt of the proposals for matters for discussion in the plenary session. of the Staff Council. Moreover, it shall seek, for the purposes of drawing up the call, the data of the representative appointed to attend the plenary session of the Staff Council and its preparatory committee in the case of associations which may participate in the call. full.

4. The matters proposed for discussion in the plenary session of the Staff Council by these associations shall be dealt with in the preparatory committee of the plenary session of the Staff Council for the purposes of their inclusion, where appropriate, in the proposal of order of the day of the plenum that the commission will raise to the president of the Council of Personnel, all in accordance with the articles 19.1 and 22.2 of the Council of Staff Regulations of the Armed Forces, approved by Royal Decree 910/2012, of 8 June. The Permanent Secretariat shall convene a representative of each of the two associations that has obtained participation in the Staff Council, so that they can attend the preparatory committee, to deal only with the issues that affect them.

5. The Chairman of the Staff Council shall include on the agenda of the plenary session the matters proposed by the associations which it considers should be dealt with.

6. The permanent secretariat shall send the notice, the order of the day and the documentation required of the associations at least seven working days in advance of the plenary session of the Staff Council, informing them, if appropriate, of the all relevant associations, on the non-inclusion of their proposals on the agenda.

7. In the meetings of the Staff Council, the treatment of each of the proposals of these associations will be in accordance with the provisions of Article 50.4 of the Organic Law 9/2011 of 27 July. Representatives of those associations participating in the plenary session of the Staff Council shall have the right to speak only in order to present, where appropriate, and to discuss the proposals made by those associations which have been included on the agenda, thus being excluded from intervening in the other cases.

8. The representatives of these associations shall attend only the part of the meeting of the plenary session of the Staff Council which may affect them, and the chairman of the Staff Council may authorise their attendance at the full meeting of the full Council of Ministers. Staff in exceptional and duly motivated form.

9. The Permanent Secretariat shall forward to these associations a copy of the minutes of the plenary session in respect of the matters dealt with which are of interest to its members and, in any case, on the proposals submitted by these associations. It will also forward to the proposing associations which do not attend the meetings the outcome of the debate on their proposals.

10. The procedures determined for the operation of the Staff Council, which may be applicable, shall be used, as not specified, at the discretion of the Chairman of the Staff Council.

Single end disposition. Entry into force.

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

Madrid, November 28, 2014. -Minister of Defense Pedro Morenes Eulate.

ANNEX

Statement responsible for retired and disabled military associations to be able to submit proposals, receive information and participate in the Armed Forces Personnel Council in accordance with the provision Additional first of the Organic Law 9/2011, of July 27, of rights and duties of the members of the Armed Forces

D. /D. ª.^{1 ......................}......................................................................................................, older, with national identity document number .........................................., and domicile for the purposes of notifications in^{2 ...........}................................................................, acting as the legal representative of the association³........................................................., for the purposes of provided for in the first provision of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces,

DECLARATION:

What to date December 31, ...........:

a) The aforementioned association is registered in the National Register of Associations with the number ...................

b) It is intended to defend the economic and social interests of the military ........................⁴.

c) The number of retired military associates, exclusively counting those from the Army of the Earth, Navy, and Army of Air, as well as the Armed Forces ' Common Corps, is of ... the number of retirees who also have the consideration of disabled persons is of ..................

d) Has a national scope and is constituted for an indefinite period.

e) It is not lucrative.

f) It is not represented or is part of the federation, confederation or association of associations of the professional associations of members of the Armed Forces.

This responsible statement is made in accordance with and for the purposes of Article 71a of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In ............................., to ....... of .............................. of ...........

Fdo:

¹ First and last names.

² Full postal address.

³ The name of the association.

⁴ An option between the following three: retired, disabled, retired, and disabled.