Royal Decree 2171/1994 of 4 November, partially amended by Royal Decree 428/1999 of March 12, created and regulated the State Council of Older Persons, in order to institutionalize collaboration and participation of the associative movement of the elderly in the definition, implementation and monitoring of the policies of care, social insertion and quality of life for this sector of population, in the field of the competences attributed to the General Administration of the State.

The experience gained in recent years has shown the need to update certain aspects of the structure and composition of the Council in order to speed up its operation, improve the effectiveness of its actions and to strengthen its representativeness; to this end, it is integrated into that body, in addition to a representative of the different autonomic councils of the elderly or equivalent bodies, to the organisations of the state and non-state territorial, differentiated form, in order for the State Council to be represented by the different perceptions of the problems of older people.

On the other hand, the Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, attributes the presidency of the State Council of the Elderly to the Head of the Secretariat of State for Social Services, Families and Disability and transforms the Institute of Migration and Social Services into the Institute of Older and Social Services. The Government intends to strengthen policies for the elderly, as well as to develop new programmes aimed at meeting the needs of this sector of the population. None of this can be done without the participation and collaboration of the people directly involved, through the organizations that represent them.

The above raises the need to proceed with the approval of a new royal decree that updates the nature, functions, composition and functioning of the Council, in accordance with Law 6/1997 of April 14, Organization and Operation of the General Administration of the State.

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

D I S P O N G O:

Article 1. Nature and purpose.

1. The State Council of Older Persons is regulated as an interministerial collegiate body of advisory and consultative character of the General Administration of the State, attached to the Ministry of Labor and Social Affairs.

2. The State Council of Older Persons aims to institutionalize the collaboration and participation of the elderly in the definition, implementation and monitoring of policies of care, social insertion and quality of life. aimed at this sector of population in the field of competencies attributed to the General Administration of the State.

Article 2. Functions.

1. For the purposes set out in the previous article, the State Council of Older Persons shall have the following functions:

a) Formulate proposals on strategic lines and policy priorities for the elderly in the field of the General Administration of the State.

b) Participate in the elaboration and development of the services corresponding to the situation of dependency and the different state plans related to the elderly.

c) Report the draft general provisions related to the elderly persons consulted by the ministerial departments and public administrations and to attend to the consultations that are formulated by them (a) these or other institutions related to the elderly, and issue the relevant opinions.

d) Know previously and advise on the calls for grants from the Ministry of Labour and Social Affairs aimed at non-profit entities of older people.

e) Promoting the development of associationism and the participation of older people in society.

f) Establishing systems of cooperation between public authorities and social organizations.

g) Promoting studies and research on older people.

h) Encourage the development of quality systems in older people's organizations, centers and services.

i) Represent the collective of senior citizens to institutions and organizations at national and international level.

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 Older Persons shall be constituted by the president, two vice-presidents, the secretary and the councilors.

Article 4. Presidency.

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

2. Corresponds to the president:

a) Lead, promote and coordinate the Council's action.

b) Exercise the representation of the Council.

c) Agree to the convening of the ordinary and extraordinary sessions of the plenary session.

d) Chair plenary sessions, moderate debates and suspend them for justified reasons.

e) Set the agenda for plenary sessions taking into account the proposals and requests of its members.

f) Vellar for compliance with current regulations.

g) Vising the minutes and certifications of the agreements of the State Council of Older Persons.

h) Lead with your vote the draws, for the purposes of adopting agreements.

j) How many others are inherent in your status as president.

Article 5. Vice Presidencies.

1. He will be first vice president of the General Directorate of the Institute of Older and Social Services (IMSERSO), who will replace the president in case of vacancy, absence or illness.

2. He will serve as second vice-president, a representative of the older people's organizations, elected by and among the councilors belonging to those confederations, federations or associations that compose it.

3. The Vice-Presidents shall perform those functions delegated to them by the President and any other functions inherent in their condition.

Article 6. Counselors.

1. The following members will be counsellors:

(a) A representative, with the rank of director-general or equivalent, for each of the following ministerial departments: Justice; Economics and Finance; Education and Science; Labour and Social Affairs, belonging to the Secretary of State for Social Security; Presidency, Health and Consumer Affairs and Housing, appointed by the head of the Secretariat of State for Social Services, Families and Disability, on the proposal of their respective ministerial departments.

b) Four representatives of the Autonomous Administrations, elected by the Sectoral Conference on Social Affairs among its members.

c) Two representatives of the local administration, appointed by the Spanish Federation of Municipalities and Provinces.

(d) 25 members representing the confederations, federations or associations of the elderly, appointed by the head of the Secretariat of State for Social Services, Families and Disabilities, on a proposal from the corresponding organisations. Of these, 15 will be represented by the confederations, federations or associations of higher state persons, and 10 representing associations of non-state level.

No associations that are part of federations or confederations that are represented in that Council may be part of the State Council of Older Persons.

The selection of these organizations will be carried out through a public call made through a ministerial order. Such a call shall establish the requirements for participating in it and the criteria for the assessment of the organisations to be part of the Council. The call shall also regulate the composition and functions of the valuation committee, which shall be chaired by the head of the IMSERSO Directorate-General, and shall establish the procedure to be followed.

For the purposes of this royal decree, it is understood by confederations, federations and associations of greater those entities formed exclusively by older persons, legally constituted, duly registered in the register (a) the relevant administrative, non-profit-making, and have been established on a stable basis for the purpose of specific purposes and specific activities related to the interests of the elderly.

e) A representative of the councils or collegiate bodies performing similar functions to those of the State Council, of each of the Autonomous Communities and of the Cities of Ceuta and Melilla, designated by them.

(f) A representative of the General Council of Emigration, who has the status of a pensioner, designated by that Council.

2. Members of the State Council of Older Persons may be replaced in the case of an absence, vacancy or illness by an alternate designated specifically for that purpose by the body or entity to which it represents.

3. The members ' competence shall be:

(a) Receive the call with a minimum of 15 days ' notice for ordinary sessions of the plenary session, and 72 hours for the extraordinary sessions, which shall contain the agenda of the sessions. Information on the topics on the agenda will be forwarded to the members together with the call.

b) Participate in the discussions, make proposals, and raise recommendations.

c) Participate in the preparation of reports and opinions on the terms which, in each case, will be agreed by the Council plenary.

d) Exercise their right to vote, and formulate their particular vote, as well as express the sense of their vote and the reasons that justify it.

e) Formulate pleas and questions.

f) Get accurate information to fulfill the assigned functions.

g) How many other functions are inherent in your counselor condition.

4. The appointment of members shall ensure that gender balance is maintained.

Article 7. Secretariat.

1. He shall be the Secretary of the Council, a representative of the major organisations, elected by and among the members of the confederations, federations and associations that make up the members.

2. It is for the secretary, without prejudice to any other functions, to be inherent in his condition:

a) Attend meetings with voice and vote.

b) Call for the meetings of the Council on the order of its president, as well as the summons to its members.

(c) Receive the members ' acts of communication with the Council and, therefore, the notifications, requests for data, corrections or any other kind of writing from which they must be aware.

d) Prepare the issue, write and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, opinions, and agreements.

Article 8. Operation.

1. The State Council of Older Persons will act in plenary and in the Permanent Commission.

2. The State Council of Older Persons may constitute commissions or working groups for the best performance of their purposes.

Article 9. Plenary session of the Council.

1. The plenary session of the State Council of the Elderly shall hold at least two ordinary sessions per year and may meet in extraordinary sessions whenever the president calls it on his own initiative, on a proposal from the Standing Committee or request for a third of its members.

2. The following shall be the responsibility of the Council:

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

(b) To support the consultations that are made of it by the ministerial departments or other institutions related to the elderly, and to issue the corresponding opinions.

(c) To request the necessary information on the matters covered by the Council's competence, in accordance with Article 2.

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

e) Approve the motions for resolutions submitted by the Standing Committee.

f) Approve the Council's rules of organization and internal functioning.

g) Approve the Council's Annual Memory.

Article 10. Standing Committee.

1. The Standing Committee is the executive body of the Council and will be constituted by a president, a vice-president, fifteen members and a secretary.

2. He shall be Chairman of the Standing Committee, the first Vice-President of the Council.

3. He will be vice-chairman of the Standing Committee, the second vice-president of the Council.

4. The following shall be members of the Standing Committee:

a) Two advisors from among the representatives of the ministerial departments.

b) Two advisors from among the representatives of the Autonomous Administrations.

c) A counselor from among the representatives of the local administration.

d) Seven advisors from among the representatives of the confederations, federations or associations of elders.

e) Five members from among the 19 representatives of the councils or collegiate bodies that perform similar functions to those of the State Council in each of the autonomous communities and the cities of Ceuta and Melilla.

5. Members of the Standing Committee shall be elected by the members of the State Council of Senior Citizens among the members of the same group of representatives.

6. He will act as secretary of the Standing Committee, with voice and vote, whichever is the State Council of Older Persons.

7. They are the competencies of the Standing Committee:

(a) Vellar for the fulfillment of the agreements adopted by the plenary.

(b) to resolve issues which, as a matter of urgency, are addressed to the Commission, without prejudice to information and, where appropriate, ratification by the plenary.

c) Raise proposals to the plenary on issues to be dealt with in plenary sessions.

d) How many tasks are delegated or assigned to you by the plenary.

8. The Standing Committee shall meet in ordinary session at least four times a year, and in extraordinary sessions, at least one-third of its members and, in any event, prior to the request of the President, at least one third of its members. Plenary session.

Article 11. Duration of the command.

1. The term of office of the members of the State Council of Older Persons shall be four years, with the exception of the members.

2. After the end of the term of office, the Council shall be dissolved and renewed; however, the outgoing Council shall remain in office until the appointment of the new members.

Article 12. Renewal of the Council.

The renewal of the State Council of Older Persons will be governed by the following procedure:

(a) For the renewal of the representatives of the ministerial departments, the corresponding ministries shall be required to appoint their representative.

(b) The renewal of the members concerned with confederations, federations or associations of senior citizens shall be carried out in accordance with the same procedure as set out in Article 6.1.d

(c) For the renewal of the members of the councils or of the collegiate bodies which perform similar functions to those of the State Council in each of the autonomous communities and the cities of Ceuta and Melilla, the President of the State Council shall request the President of each Autonomous Council or collegiate body to appoint the person to represent him.

d) The two representatives of the local administration will be appointed by the Spanish Federation of Municipalities and Provinces.

Article 13. Cessation of the members of the Council.

1. Council members shall cease for any of the following reasons:

a) By resignation.

b) To stop attending the requirements that determined your designation.

c) By agreement of the confederation, federation or association of older persons to which it represents, communicated to the Secretariat of the Council, ratified by the Plenary or the Permanent Commission.

d) By completion or term of the duration of the command for which they have been named.

2. A vacancy shall be produced, and shall be covered, on a proposal from those concerned, in accordance with Article 6.

3. Until the vacancy is covered, the vocal member shall be replaced by his/her alternate.

Article 14. Means of operation.

1. The IMSERSO will provide the Council with the necessary means to perform its functions. To this end, the IMSERSO shall address the operating expenses of the State Council of the Elderly with the appropriations provided for specifically for this purpose, and shall provide the Council with technical, administrative and logistical support. It needs the fulfilment of its functions, without any increase in expenditure.

2. The State Council of the Elderly shall justify to the IMSERSO the operating costs incurred in the performance of its duties and shall provide the supporting documents.

Single repeal provision. Regulatory repeal.

The provisions of equal or lower rank which are contrary to the provisions of this royal decree and, in particular, Royal Decree 2171/1994 of 4 November 1994, for which the State Council of the European Communities are created and regulated, are hereby repealed. Seniors, and Royal Decree 428/1999, of March 12, for which the former is amended.

Final disposition first. Extra application.

As not provided for in this royal decree, the State Council of the Elderly will be governed by its own rules of organization and operation that will have to be approved by the plenary, and, in any case, by the provisions of the 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.

Final disposition second. Faculty of development.

The Minister of Labor and Social Affairs is authorized to dictate, after compliance with the procedures that are mandatory, how many provisions are necessary for the development and execution of the provisions of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, on February 4, 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JESUS CALDERA SANCHEZ-CAPTAIN