Royal Decree 1910/1999 of 17 December 1999 created the State Council of Non-Governmental Organisations of Social Action and regulated its composition and operating system, which have been the subject of the Council's action since its constitution.

This royal decree establishes in article 4.1 and 2 that the Minister of Labour and Social Affairs will be President of the Council, and First Vice President, the head of the General Secretariat for Social Affairs. For its part, Article 8 of Royal Decree 562/2004, of 19 April, approving the basic organic structure of the ministerial departments, creates the Secretariat of State for Social Services, Families and Disability in the Ministry of Education. Labour and Social Affairs and suppresses the former General Secretariat for Social Affairs, while Royal Decree 1600/2004, of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, establishes in Article 9 (4) of this Regulation shall apply to the holder of the Secretary of State for Social Services, Families and Disability the presidency of the State Council of Non-Governmental Organizations of Social Action, so the initial forecasts contained in Royal Decree 1910/1999, of December 17, are altered.

Accordingly, it is appropriate to carry out the corresponding normative adaptation to the new competences deriving from the mentioned modifications, which affect the presidency and the first vice presidency of the said organ advisory.

This regulatory adequacy is also necessary in relation to the representation of the General Administration of the State in the Council, as referred to in Articles 5 and 8 of Royal Decree 1910/1999 of 17 December 1999, following the latest changes in the organic structure of the Ministry of Labour and Social Affairs and the other ministerial departments.

With regard to the representation of non-governmental organizations in the Council, it is also considered appropriate to cover the current gap, giving input to social entities whose social action has cross-sectional character, together with those that cater for specific collectives.

Among the first, it should be noted that the strengthening of the third sector of social action, the provision of services to other non-governmental organizations, and the promotion and coordination of the social volunteering, as well as those operating in the area of poverty and social inclusion or in the social development of rural areas. Among those that direct their attention to specific collectives, it has been introduced, as a novelty, to the organizations that act in the defense of the right to the free sexual orientation and of the groups of gays and lesbians, as well as the corresponding ones. to the prison collective.

Finally, the experience gained over the course of these four years of the Council's operation advises to make changes to the composition and functions of the Standing Committee, to provide it and the Council itself. State of greater operability and effectiveness in the development of its tasks, and also incorporate new forecasts aimed at improving the functioning of the advisory body.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, with the prior approval of the Minister of Public Administration and prior deliberation of the Council of Ministers at its meeting of 4 March 2005,

D I S P O N G O:

Article 1. Nature and purpose.

1. The State Council of Non-Governmental Organizations of Social Action is a collegiate body, of an interinstitutional nature and of an advisory nature, attached to the General Administration of the State, through the Ministry of Labour and Social services, conceived as a meeting, dialogue, participation and advice in the public policies of social services.

2. The purpose of the aforementioned body is to encourage the participation and collaboration of the associative movement in the development of the policies of social action framed in the field of competences attributed to the Ministry of Labour and Social.

Article 2. Functions.

1. In order to comply with the objectives set out in the previous article, the State Council of Non-Governmental Organizations of Social Action will have the functions of advisory and proposal on how many social policy measures can be addressed to the most vulnerable groups in our society.

In particular, the following functions are attributed to you:

a) Propose social policy measures, within the competence of the Ministry of Labour and Social Affairs.

b) Canalize information about non-governmental social action organizations.

c) To know the normative projects and state plans of the policies of social action with incidence in the field of action of the non-governmental organizations.

(d) To be informed, in full and in a prescriptive manner, of the bases and proposals for the resolution of the calls for grants approved by the Ministry of Labour and Social Affairs, under the tax allocation of the Tax on the Income of Physical Persons.

e) To value the most effective systems of cooperation between the ministry and non-governmental organizations and, where appropriate, to formulate recommendations in terms of social policy.

f) Request, propose and/or elaborate the reports or studies that are required for the best performance of their tasks.

g) Canalize information on the situation of collectives attended by non-governmental organisations, after coordination, where appropriate, with other representative bodies (sectoral councils), to achieve the highest degree possible to meet your objectives.

h) Provide non-governmental organisations with information on all issues affecting them, within the legislative and financial framework of the European Union.

i) Relating to similar bodies of the various Spanish public administrations and other countries, in order to coordinate initiatives, actions, proposals or any other activity, for the achievement of common to the benefit of the persons or groups upon whom such purposes are projected.

2. All the functions listed above are attributed without prejudice to those that correspond to other legally established bodies of representation and participation.

Article 3. Composition.

The State Council of Non-Governmental Organizations of Social Action shall be constituted by the president, two vice-presidents, one secretary, and 37 vowels representing the General Administration of the State and the non-governmental organisations of social action. Experts proposed by the General Administration of the State or by non-governmental organisations may also be part of the Council.

The Council will act in full and on a permanent basis.

Article 4. Presidency and vice-presidency.

1. The head of the State Secretariat for Social Services, Families and Disability shall be president of the State Council.

2. He shall first be the head of the Directorate-General for Social Services and Dependence, who shall replace the President in the event of vacancy, absence or illness.

3. He shall be the second vice-president, a representative of non-governmental organisations, elected by the members of the Council of those organisations from among the representatives of the groupings and entities to which the Article 5.2. The duration of his term of office as second vice-president of the Council shall be two years, and may be re-elected for successive periods of equal duration.

Article 5. Vowels.

1. The vowels representing the General Administration of the State shall be as follows:

(a) On behalf of the Ministry of Labour and Social Affairs, the following bodies and bodies:

1. The General Directorate of Families and Children.

2. The Directorate-General for the Coordination of Sectoral Policies on Disability.

3. The Directorate General for Integration of Immigrants.

4. The Institute of Women.

5. The Institute of Older and Social Services.

6. The Youth Institute.

(b) In representation of other ministerial departments, the following bodies and bodies shall:

1. The Ministry of Economy and Finance, the General Directorate of Taxation.

2. The Ministry of the Interior, the Directorate-General for Internal Policy and the Directorate-General of Prison Institutions.

3. By the Ministry of Health and Consumer Affairs, the Government Delegation for the National Drug Plan and the Secretariat of the National Plan on AIDS.

(c) Vowels representing the General Administration of the State shall participate in the Council with a voice, but without a vote.

2. The vowels representing non-governmental organizations and social entities will be as follows:

a) Of a generalist or scope of cross-action:

1. º Two representatives of organizations and social entities acting, at least, in four of the areas referred to in paragraph (b) below.

2. º One by the groupings of organizations and social entities whose performance is oriented to the defense of the interests and to the strengthening of the third sector of social action.

3. º One by the groupings of organizations and social entities that intervene with preferential character in the eradication of poverty and social exclusion.

4. º One by the groupings of organizations and social entities that are involved in social development in rural areas.

5. º One by the groups or social entities dedicated to the provision of technical and quality services, of a transversal nature, to the organizations of the third sector of social action.

6. º One by the groupings of organizations and social entities whose performance is oriented to the promotion and coordination of social volunteering.

b) Specific care for vulnerable groups:

1. º Three by the organizations and social entities that act in the area of people with disabilities, one for each of the sectors affected: physical, psychological and sensory.

2. º Two by organizations and social entities that act in the area of older people.

3. º Two by the organizations and social entities that act in the area of childhood and family.

4. º Two by the organizations and social entities that act in the youth area.

5. º Two by the organizations and social entities that act in the area of women.

6. º Two by the organizations and social entities of gypsies or who act in the area of gypsy population.

7. º Two by the organizations and social entities of migrants, refugees or asylum seekers or who act in these areas.

8. º One by organizations and social entities that specifically intervene in the area of people with drug problems.

9. º One by organizations and social entities operating in the area of people affected by AIDS.

10. º One by the organizations and social entities that act in the defense of the right to sexual orientation and the collective of gays and lesbians.

11. º One by the organizations and social entities whose performance is oriented to the attention of inmates, penalized to work for the benefit of the community, subjected to safety measures, released conditional or definitive, and family members of each other.

3. The vowels referred to in paragraph 2 shall be appointed by the President of the Council, on a proposal from the non-governmental organisations and social entities of the respective areas of action, by means of a public call. In the case of existing sectoral councils, the nominations of the relevant organisations shall be proposed by those councils.

To participate in such a call and propose to their respective representatives, non-governmental organizations will have to meet the following conditions:

a) To be treated by organizations or groups whose statutory purposes are framed in the social action directed to groups and areas provided for in this article.

b) Which have a state-wide scope of action according to their statutes.

c) To have volunteer staff for the development of their activities and programs.

d) That they can credit the realization of social programs.

4. Persons acting in the capacity of experts shall do so in a voice but without a vote and shall be convened, where appropriate, by the President of the State Council among those who have highlighted their duties, dedication or knowledge, in activities related to social action, or on a proposal from representatives of the General Administration of the State or non-governmental organizations.

Also, representatives of other public administrations may be called, depending on the nature or territorial scope of the issues to be addressed. These representatives shall also act with a voice but without a vote.

Article 6. Duration of the mandate of representatives of non-governmental organisations.

The term of office of representatives of non-governmental organizations and social entities shall be four years; the term of office may be renewed or appointed to other representatives, always mediating public call. The term of office shall in any case be extended for the period between the end of the four-year period and the effective designation of the new representatives.

Article 7. Secretariat.

The holder of the Subdirectorate-General of Non-Governmental Organizations and Volunteering shall assume the permanent secretariat of the Council, with a voice but without a vote, and may, in addition, be assigned other members of the Secretariat for the realization of the duties of that secretariat.

Article 8. Operation of the Council.

1. The Council may set up committees or working groups to which selected experts may be convened on the basis of the subject matter to be dealt with, for the best performance of their tasks.

2. The Council shall draw up an annual report containing proposals aimed at improving both social action policies and systems of collaboration between the various sectors of the Council.

3. For the best exercise of its functions, the State Council may have its own rules of operation, within the requirements of this royal decree, to be adopted by the plenary.

4. The State Council plenary shall meet at least twice a year, on the occasion of the provisions of Article 2 (2) (d), and whenever it is convened by the President on his own initiative or at the request of one-third of its members.

Article 9. Standing Committee.

1. The Standing Committee is the executive body of the Council, which is responsible for promoting the development of its functions and the achievement of its aims. It is also for the coordination of the working groups and the raising of reports and proposals to the plenary, in relation to the tasks assigned to the Council.

2. The Standing Committee shall consist of a chairman, a vice-president, a secretary and 18 members, in accordance with the following distribution:

a) He will be chairman of the Standing Committee the first vice president of the State Council plenary.

b) He will be vice-chairman of the Standing Committee the second vice president of the State Council plenary.

c) They will be members of the Standing Committee:

1. The six members of the plenary sitting on behalf of the Ministry of Labour and Social Affairs.

2. The seven members of the Council of the Council belonging to groups and social entities of a generalist nature or of a cross-sectional area, as referred to in Article 5.2.a), who shall have the status of non-member of the Standing Committee.

3. Six vowels, representing other groups as referred to in Article 5 (2) (b). Those members shall be chosen by and from among the members of the Council for that paragraph.

The term of these six vowels elected to the Standing Committee will last for two years. At the end of its term, it shall be renewed so that, at the end of each four-year period provided for in Article 6, all collectives have been represented in the Standing Committee.

3. Act as the Secretary of the Commission, with a voice but without a vote, the holder of the Permanent Secretariat of the State Council, who may be assisted by the support staff necessary for the performance of their duties.

4. The Standing Committee shall meet at least once every quarter and whenever the Chair calls it on its own initiative or at the request of a third of its members.

Article 10. Funding.

The functioning of the State Council of Non-Governmental Organizations of Social Action will not be able to increase public expenditure, and will be served by the credits of the Ministry of Labor and Social Affairs.

Single additional disposition. Applicable rules.

Without prejudice to the peculiarities which, if any, could be provided for in its rules of procedure, the State Council of Non-Governmental Organisations of Social Action shall comply with the rules of organization and functioning established for the bodies in 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.

Single transient arrangement. Command compliance.

The present representatives of the social organizations and entities in the Council and its Permanent Commission, once their term of office has been completed by the time limit laid down in Article 6, will continue in their posts until compliance with the forecasts for the renewal of the vowels provided for in the aforementioned article and in the other provisions of this royal decree.

Single repeal provision. Regulatory repeal.

Any provision of equal or lower rank is repealed which is opposed to the provisions of this royal decree and, expressly, Royal Decree 1910/1999 of 17 December, establishing the State Council of Non-Governmental Organizations Social Action Government.

Final disposition first. Faculty of development.

The Minister of Labour and Social Affairs is hereby authorized to make any provisions necessary for the development and execution of the provisions of this royal 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, 4 March 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JESUS CALDERA SANCHEZ-CAPTAIN