JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following organic law.

EXPLANATORY STATEMENT

I

On December 23, 2000, the "Official State Gazette" was published in the Organic Law 8/2000 of 22 December 2000 on the reform of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, thus responding to the needs raised to address immigration as a structural fact that has made Spain a country of destination for migratory flows.

The approval of the aforementioned Organic Law 8/2000 also responded to the need to incorporate the international commitments made by Spain in this matter. In particular, it was necessary to collect the principles adopted by the Heads of State and Government of the Member States of the European Union at their meeting of 16 and 17 October 1999 in Tampere on the creation of an area of freedom, security and justice, as well as the Schengen acquis on entry arrangements, conditions for issuing visas, regulation of the stay of foreigners, and liability and penalties for carriers.

During the duration of the Organic Law 8/2000, of reform of the Organic Law 4/2000, various circumstances have occurred which, considered as a whole, have brought about the need to adapt that to the continuous changes of a mutable phenomenon such as migration. Thus, together with the considerable increase in the number of foreign residents in Spain in recent years, there has also been a change in the ways in which the immigration made by our country is a recipient, which has In order to incorporate regulatory instruments enabling a better and simpler management of migratory flows, the means through which immigration has to be developed will be a greater knowledge of this phenomenon. respectful of the legal channels, and strengthening the mechanisms to influence the fight against illegal immigration, which is becoming increasingly organised and with greater resources for the achievement of its objectives.

These circumstances, together with the need, on the one hand, to adapt the internal rules in this area to the decisions which have been taken during the last two years within the European Union, as well as, on the other hand, Incorporating certain technical considerations made by the Supreme Court have advised to review various aspects of the current legislation on immigration and immigration.

II

The objectives pursued with this reform of the current legislation are:

1. The improvement of management, through the simplification of administrative procedures, and the legal regime of the situations of foreigners in Spain, as well as the determination of the types of visas and the effects of the same, and the struggle against the fraudulent use of administrative management procedures in this field. All this in order to promote legal immigration and the integration of foreigners who, in this way, access and reside in our territory.

2. The strengthening and, in short, improvement of the means and sanctioning instruments provided for in the Organic Law 4/2000, as amended by the Organic Law 8/2000, to combat illegal immigration and the trafficking of human beings. In this sense, the collaboration with the transport companies is also enhanced in order to have more information about the people who will be transferred to the Spanish territory. This information will serve to improve the strengthening of the instruments available to ensure safety in international transport, especially air transport.

Likewise, the procedures for the return of foreigners who illegally access our country are strengthened, and the behaviors classified as serious infractions are extended to all persons who, with a profit motive, induce, promote, promote, or facilitate the clandestine immigration of people in transit or destined for Spain, or their stay in our country.

3. The incorporation of the provisions adopted by the European Union on the enforceability of the fees for the issuance of visas, as well as on penalties for carriers and mutual recognition

of the expulsion orders, to prevent those foreigners who have relapsed them from any State of the Union, to try to avoid them by moving to another State.

As regards the fees for issuing visas, the provisions of the Council Decision of 20 December 2001 amending Part VII and Annex 12 of the Common Consular Instructions are incorporated as well as the provisions of the Council Decision of 20 December 2001. Annex 14 (a) to the Common Manual.

The legislative changes introduced are intended to bring the Spanish internal law into line with the Council Decision and to change the subject matter of the taxable fact of the fee which, in the case of the visa, becomes the processing of the application.

With regard to carriers, the provisions of Directive 2001 /51/EC of 28 June 2001, which supplement the provisions of Article 26 of the Convention implementing the Agreement on the application of the Agreement on the Schengen.

As regards the enforcement of expulsion orders issued by other Member States of the European Union, our rules are adapted to the provisions of Directive 2001 /40/EC of 28 May 2001 on recognition of the of decisions on the expulsion of third-country nationals.

Directive 2002/90/EC of 28 November 2002 on the definition of aid for the entry into, circulation and irregular stay is also incorporated into which one of the types of penalties provided for in this Directive is improved. law.

4. The additions to the text of the Organic Law 4/2000, as amended by the Organic Law 8/2000, derived from the judgment of the Supreme Court of 23 March 2003, concerning the necessary regulation, in the aforementioned organic law, of certain Provisions of the Implementing Regulation of the Organic Law 4/2000, approved by Royal Decree 864/2001 of 20 July 2001.

III

This organic law contains four articles, one single additional provision, two transitional provisions, one single repeal provision and three final provisions.

The first article, the most extensive, contains the modifications that are introduced in certain precepts of the Organic Law 4/2000, as amended by the Organic Law 8/2000.

The second article is limited to the collection of an amendment to the only derogating provision of the above Organic Law 8/2000.

The third article amends Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, for the purpose of perfecting the information contained in the Municipal Register concerning the registered foreigners.

The fourth article introduces an additional new provision in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, with the aim of incorporating in the The text of this law, with express character, a reference to the Organic Law 4/2000, so that the procedures regulated in this law are applied to the procedural peculiarities that are introduced in the same way with a new character.

The fifth article introduces a modification in Law 3/1991 of 10 January of Unfair Competition, considering unfair the hiring of foreigners without authorization to work obtained according to the provisions of the legislation on aliens.

IV

The modifications made do not affect the catalogue of rights or the structure of the Organic Law 4/2000, reformed by the Organic Law 8/2000.

In the first place, an amendment has been introduced to establish the obligation to provide an identity card from abroad, as an accreditation document for the administrative authorization to reside, thus adapting our Regulation 1030/2002 of the Council of 13 June 2002.

In terms of family reunification, in order to prevent fraud in the "chain regroupings", it has been incorporated into the organic law, as a budget for the exercise of that right by a resident who is under the law a regrouping, the latter being the holder of an authorization of independent residence, as well as certain specific requirements for the exercise of family reunification in the case of previously regrouped relatives.

Similarly, the assumptions in which the regrouped spouses and children can access an authorization of independent residence are necessary, for which in any case they will be required to have a prior authorization to work.

On the other hand, the changes in visa requirements seek to simplify administrative processing, in order to encourage the legal immigration of foreigners who wish to reside in Spain, eliminating unnecessary formalities. Thus, the visa, once the foreigner has entered Spain, enables him to remain in the situation for which he has been issued.

In fulfilling the objectives set by the reform, a basic issue is to provide the visa with a new additional function, which is to serve as a documentary accreditation of a prior administrative authorization for reside and, where appropriate, work in Spain. In this way, a new effect is used for the visa: to enable the foreigner to remain in our country in the situation for which he has been issued.

At present, the visa has no effect, once the foreigner has entered Spain, the same one must immediately go to the competent offices to request the corresponding authorization of residence and/or work. With the new model, in addition to the above, the visa will enable to remain on national territory in the situation for whose purpose it has been granted.

Indeed, if the visa does not only serve to enter Spain, but also enables it to remain and, where appropriate, to work, it does not make sense to maintain the exemption of the visa, since its concession would not only serve to exempt a requirement of entry into our country, but also to exempt from the necessary grant of authorization to reside and work.

This does not mean that the factual assumptions that were previously covered under the visa waiver figure will be left without legal reflection, as they are now included in the scope of the residency authorisation. temporary by exceptional circumstances, the profiles of which are modified by inclusion in the law, in some cases specifically and in others in a more generic way "of exceptional cases", enabling the regulation for more specifies which situations will fit within this generic statement.

An improvement is introduced in the regulation of the cases in which the documentation of undocumented aliens will proceed.

The relevant amendments are also incorporated in order to introduce the details which, in the field of fees, are set out in the abovementioned Council Decision of 20 December 2001.

In the area of violations and its sanctioning regime, modifications have been incorporated aimed at providing the legal system with greater instruments to fight illegal immigration.

In relation to the internment centers, a new section is included in the organic law dedicated to regulating the internal regime of these centers, guaranteeing the right of communication of the inmates.

With regard to the transport companies, obligations are incorporated in order to know the information of the passengers to be transferred to Spain before their departure from the country of origin, as well as passengers who do not leave the Spanish territory on the date provided for in the travel ticket.

Amendments are also included to adapt this title to the obligations arising from the directives adopted by the European Union on sanctions against carriers and mutual recognition of expulsion decisions.

Finally, the new additional provisions that are incorporated into the Organic Law 4/2000, as amended by the Organic Law 8/2000, are aimed, on the one hand, to introduce instruments to improve the management of the This would be the case for a proper order, migratory flows and the avoidance of fraudulent use of those.

To this end, it is generally incorporated the person concerned in the submission of applications concerning residence and work authorizations, which must be carried out in the registers of the bodies competent for their knowledge.

This will result in greater immediacy in the reception of these requests, gaining in efficiency the processing of the procedures.

The last of the additional provisions includes the principle of collaboration between public administrations in the field of immigration and immigration, enabling the access of the State Security Forces and the exclusive effects of the performance of their duties, and with full respect for the guarantees established in the field of data protection, to certain information provided by other bodies of the State Administration.

V

Finally, documents are incorporated into the law of the identity of foreigners that must be included in their registration, adapting the regime of the citizens of the Community to the provisions of the Royal Decree 178/2003 of 14 February 2003 on the entry and stay in Spain of nationals of Member States of the European Union and of other States parties to the Agreement on the European Economic Area.

A generic access to the Municipal Register is also introduced in favour of the Directorate-General of the Police in order to improve the exercise of the legally established powers over control and permanence. of foreigners in Spain. This enablement is formulated in terms of reciprocity with the National Statistics Institute, in establishing the obligation of the Directorate General of the Police to communicate to the National Statistics Institute, in order to keep the the content of the Register, the data of the aliens who are aware that they may have suffered variation in relation to those entered in the Register.

Article first. Amendment of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December.

Articles 1, 4, 17, 18, 19, 25, 27, 29, 30, 31, 33, 34, 36, 37, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 53, 54, 55, 58, 63, 64 and 66 as well as the heading of Chapter IV of Title II of the Organic Law 4/2000 of 11 are amended. January, on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December; and the new Articles 25a, 30a, 62a, 62b, 62 c, 62 quinquies and 62 are introduced. sexies and 71 and the new additional provisions third, fourth, fifth, sixth, seventh and eighth, in Organic Law 4/2000, All of them are written in the following form:

One. The addition in Article 1 of a new paragraph 3 is proposed with the following content:

" 3. Nationals of the Member States of the European Union and those to whom the Community scheme applies shall be governed by the laws of the European Union, with the application of this law in those aspects which may be more favourable. "

Two. A new paragraph 2 is inserted in Article 4, which is worded as follows, by passing the current paragraph 2 to paragraph 3:

" 2. All foreigners to whom a visa has been issued or an authorization to remain in Spain for a period of more than six months, will obtain the identity card from abroad, which they will have to request personally within one month from their entry into Spain or since the authorisation is granted, respectively. '

Three. Article 17 (2) is amended and two new paragraphs 3 and 4 are inserted, which are worded as follows:

" 2. Foreigners who have acquired residence on the basis of a regrouping may, in turn, exercise the right of regrouping of their own families, provided that they already have a residence permit and work obtained independently of the authorization of the regrouping and credit to meet the requirements laid down in this organic law.

3. In the case of regrouped ascendants, they may only exercise the right of family reunification after obtaining the status of permanent residents and accredited economic solvency.

Exceptionally, the regrouped ascendant who is dependent on a minor or incapacitated child may exercise the right of regrouping in the terms laid down in the second paragraph of this article.

4. The conditions for the exercise of the right of regrouping shall be laid down. '

Four. Article 18 (2), which is worded as follows, is amended and paragraph 4 is deleted.

" 2. Without prejudice to the provisions of Article 17.3, first subparagraph, they may exercise the right to regroup with their family members in Spain if they have been legally resident for one year and are authorised to reside at least another year. '

Five. Article 19 is amended, which is worded as follows:

" Article 19. Effects of family reunification in special circumstances.

1. The regrouped spouse may obtain an independent residence permit when obtaining an authorization to work. If the spouse is a victim of domestic violence, he/she may obtain the authorization of independent residence from the time a protection order has been issued in favour of the spouse.

2. The regrouped children will obtain an independent residence permit when they reach the age of majority and obtain an authorization to work.

3. The regrouped ascendants may obtain an authorization of independent residence when they obtain an authorization to work whose effects shall be subject to the provisions of Article 17.3. '

Six. Article 25 (2) is amended, which is worded as follows:

" 2. Except in cases where the contrary is established in the international conventions entered into by Spain or in the European Union legislation, a visa will also be required.

Visa shall not be required when the foreign national is provided with the identity card abroad or, exceptionally, from a return authorization. "

Seven. A new Article 25a is inserted, which is worded as follows:

" Article 25a. Types of visas.

Foreigners who intend to enter Spanish territory must be provided with any of the following types of visas, validly issued and in force, extended in their passports or travel documents or, where appropriate, in a separate document, except as provided for in Article 25 (2) of this Act.

(a) Transit visa, which enables transit through the international transit zone of a Spanish airport or through the Spanish territory.

(b) Visas of stay, which enables for an uninterrupted stay or successive stays for a period or sum of periods of total duration not exceeding three months per semester from the date of the first entry.

c) Visado of residence, which enables to reside without exercising work or professional activity.

d) Visado of work and residence, which enables to carry out a work or professional activity, as an employed or self-employed person and to reside.

e) Visado of studies, which enables to stay in Spain for the realization of courses, studies, research or training.

The different types of visas will be developed. " Eight. Paragraph 1 is amended and a new paragraph 2 is inserted in Article 27, and the following paragraphs 2, 3, 4 and 5 shall be amended as follows: 3, 4, 5 and 6 respectively:

" 1. The visa shall be requested and issued at the diplomatic missions and consular posts of Spain, except in the exceptional cases which are covered by regulations.

2. The granting of a visa:

a) You will be enabled abroad to present at a Spanish border post and apply for your entry.

b) It will enable the foreigner, once the entry has been made in Spanish territory, to remain in Spain in the situation for which it would have been issued, without prejudice to the obligation to obtain, if necessary, the card of identity abroad. "

Nine. Article 29 is amended, which is worded as follows:

" Article 29. Enumeration of situations.

1. Foreigners will be able to meet in Spain in situations of stay or residence.

2. The different situations of foreigners in Spain may be credited by the passport or travel document that accredits your identity, visa or identity card from abroad, as appropriate. "

Ten. Article 30 (1) is amended, which is worded as follows:

" 1. Stay is the stay in Spanish territory for a period of not more than 90 days, without prejudice to the provisions of Article 33 for students. "

Once. A new Article 30a is inserted, which is worded as follows:

" Article 30a. Situation of residence.

1. Foreign residents are resident in Spain and are the holders of an authorization to reside.

2. Residents may find themselves in the situation of temporary residence or permanent residence. "

Twelve. Paragraphs 1, 3, 4 and 5 shall be amended and Article 31 (6) and (7) shall be deleted, which shall be worded as follows:

" 1. Temporary residence is the situation which allows to stay in Spain for a period of more than 90 days and less than five years.

Authorisations for a duration of less than five years may be renewed, at the request of the person concerned, taking into account the circumstances which led to their granting. The duration of the authorisations of temporary residence, the granting of the renewals and the duration of the renewals shall be determined in accordance with the rules.

3. The Administration may grant a temporary residence permit for the purposes of taking root, as well as for humanitarian reasons, for collaboration with the Justice or other exceptional circumstances to be determined in a regulated manner. In these cases the visa will not be required.

4. In order to authorize the temporary residence of a foreigner, he must have a criminal record in Spain or in his previous countries of residence for crimes existing in the Spanish law and not appear as rejected in

the territorial space of countries with which Spain has signed an agreement in this regard. It shall be assessed, in the light of the circumstances of each case, of the possibility of renewing the residence permit for foreigners who have been convicted of a crime and have served the sentence, those who have been pardoned, or that they are in the situation of conditional remission of the penalty.

5. Foreigners with temporary residence permits shall be obliged to bring to the attention of the Ministry of the Interior the changes of nationality, marital status and domicile. "

Thirteen. Article 33 (2), which is worded as follows, is amended and paragraph 4 (2) is deleted:

" 2. The status of the alien in a student's regime shall be that of stay and the duration of the authorization shall be equal to that of the course for which he is registered. "

Fourteen. Article 34 (2) is amended, which is worded as follows:

" 2. In any case, the foreigner who is present at the Ministry of the Interior's premises by crediting that it cannot be documented by the authorities of any country and that it wishes to be documented by Spain, once the relevant information has been verified and provided that exceptional reasons of a humanitarian nature, public interest or fulfillment of commitments acquired by Spain are provided and are credited, may obtain, in the terms that are regulated by law, an identification document that accredit your registration in the related dependencies. In any event, the requested documentation shall be refused where the petitioner is in any of the cases referred to in Article 26, or an expulsion order has been issued against him. "

Fifteen. Article 36 (1), (2) and (3) are amended as follows:

" 1. Foreigners over the age of 16 years for any gainful employment, employment or professional activity, will require prior administrative authorization to work.

This authorization will enable the foreign national to reside during the time of its validity, which is extinguished if one month after the notification to the employer of the grant of the same is not requested, corresponding visa.

2. Where the foreign national intends to work for his or her own or other person, exercising a profession for which a special qualification is required, the granting of the authorization shall be conditional on the holding and, where appropriate, the approval of the certificate. corresponding.

It will also be conditional upon the collegiation, if the laws so require.

3. For the recruitment of a foreigner, the employer shall apply for the authorisation referred to in paragraph 1 of this Article.

The lack of the corresponding authorization by the employer, without prejudice to the responsibilities to which, including those in the field of social security, will not invalidate the employment contract with respect to the the rights of the foreign worker, nor shall it be an obstacle to obtaining the benefits which may correspond to him. ' Sixteen. Article 37 is amended as follows:

" Article 37. Self-employment authorization.

In order to carry out economic activities on a self-employed basis, it will be necessary to establish compliance with all the requirements that the current legislation requires of nationals for the opening and functioning of the activity. (a) projected, as well as those relating to the sufficiency of investment and the potential for job creation, among others to be established. "

seventeen. Article 39 is amended, which is worded as follows:

" Article 39. The contingent of foreign workers.

1. The Government may approve an annual contingent of foreign workers taking into account the national employment situation to which only those who are not found or reside in Spain will have access.

2. In determining the number and characteristics of job vacancies, the Government will take into account proposals that raise the self-governing communities and the most representative trade union and business organisations, as well as a report on the employment situation and social integration of immigrants produced for this purpose by the Higher Council of Immigration Policy.

3. The contingent may establish a number of visas for the purpose of seeking employment for children or grandchildren of Spanish origin.

4. The quota may also establish a number of visas for the purpose of seeking employment for certain sectors of activity or occupations under conditions to be determined.

5. Visas for job search shall be allowed to travel to the Spanish territory for the purpose of seeking work during the three-month period of stay, in which it may be registered in the corresponding public employment services.

If this period has not been obtained, the foreigner will be obliged to leave the territory, if not, in the infringement referred to in Article 53 (a) of this law, without being able to obtain a new authorisation to work within two years.

6. The offers of employment made through the quota will preferably be directed towards the countries with which Spain has signed agreements on the regulation of flows without prejudice to the possibility of making offers of nominative employment to by this procedure under the conditions to be determined. '

Eighteen. Paragraph (b) of Article 40 is amended and a new paragraph (l) is inserted, and the following shall be worded as follows:

" (b) The spouse or child of a foreign resident in Spain with a renewed permit, as well as the child of nationalized or community-based Spanish, provided that the latter bear at least one year legally residing in Spain and the child the Community scheme does not apply to it.

l) Foreigners who have been the holder of work permits for seasonal activities, for four calendar years, and have returned to their country. "

nineteen. Paragraphs (a) and (k) of Article 41 (1) and paragraph 2 are amended as follows:

" Article 41.1.a):

(a) Foreign technicians and scientists, invited or hired, by the State, the Autonomous Communities or local authorities or bodies which aim for the promotion and development of the research promoted or The majority of the participants.

(k) Foreign minors of working age tutored by the competent child protection entity, for those activities which, on a proposal from the said entity, while remaining in that situation, favour their social integration.

2. The procedure for crediting the derogation shall be laid down. In any case, this procedure will be the same for the staff of public institutions as well as bodies promoted or participated by a public administration. "

Twenty. In Article 42, two new paragraphs 4 and 5 are inserted as follows:

" 4. The seasonal job offers will preferably be directed towards the countries with which Spain has signed agreements on the regulation of migratory flows.

5. The Autonomous Communities and the municipalities will collaborate in the programming of the season campaigns with the General Administration of the State. "

Twenty-one. The heading of Chapter IV of Title II is amended, which is worded as follows:

"From fees for administrative authorizations and for processing visa applications".

Twenty-two. Article 44 (2) is amended and a new paragraph 3 is inserted, in the following form:

" 2. Without prejudice to the following paragraph, it is the taxable fact of the fees to grant administrative authorisations and to issue the identity documents provided for in this law, as well as their extensions, modifications and renewals; in particular:

(a) The granting of authorizations for the extension of the stay in Spain.

b) The granting of the authorisations to reside in Spain.

(c) The granting of work authorisations, except in the case of authorisations for a period of less than six months.

d) The issuance of identity cards of foreigners.

e) The issuance of identity documents to undocumented persons.

3. In the case of visas, it is the taxable fact of the fees for the processing of the visa application. " Twenty-three. Article 45 is amended, which is worded as follows:

" Article 45. Accrual.

The fees shall be payable when the authorization, extension, modification, or renewal is granted, or when the document is issued.

In the case of visas, the fees shall be payable at the time of filing of the visa application. "

Twenty-four. Article 46 (1) is amended, which is worded as follows:

" 1. Visa applicants and persons in whose favour the authorisations are granted or the documents provided for in Article 44 shall be subject to the fees, except in the case of a work permit for an employed person, in which case it shall be taxable person the employer or employer. '

Twenty-five. Article 47 is amended as follows:

" Article 47. Exemption.

They will not be obliged to pay the fees for the granting of the authorizations to work the Ibero-American, Filipino, Andorran, Equatoguineans, Sephardies, children and grandchildren of Spanish or Spanish of origin, and foreigners born in Spain when they intend to carry out a gainful, employment or professional activity, on their own account.

Visa applications submitted by third-country nationals benefiting from Community law on freedom of movement and residence shall be exempt from the payment of the processing fees. "

Twenty-six. Article 48 (3) and (4) are amended as follows:

" 3. It is considered essential elements and criteria of quantification that can be modified only by standard of the same range, the following:

(a) In the processing of the visa application, the administrative costs of processing, the limitation of the effects of the airport transit visa, the duration of the stay, the number of authorized entries, the character of the residence, as well as, where appropriate, the fact that it is issued at the border. Additional costs arising from the issue of visas shall also be taken into account when, at the request of the person concerned, procedures such as courier, e-mail, express mail, fax, telegram or conference call.

b) In the granting of authorizations for the extension of stay in Spain, the duration of the extension.

(c) In the granting of residence permits, the duration of the authorization, as well as its final or temporary nature, and, within the latter, the fact that the first or subsequent concessions or their renewals.

(d) In the granting of work authorizations, the duration of the work, the extent and scope of the work, the nature and the modalities of the relationship as an employed person, as well as, where appropriate, the amount of the agreed salary.

e) In the issue of identity cards of foreigners, the duration of the authorization and the fact that it is the first or subsequent concessions or their renewals.

In any case, it will be a quantitative criterion of the individual or collective character of the authorizations, extensions, modifications or renewals.

4. The amounts of the fees for the processing of the visa application shall be in accordance with the review applicable to the application of Community law. They shall also be accommodated in the amount which may be established by application of the principle of reciprocity. '

Twenty-seven. Article 49 (1) is amended, which is worded as follows:

" 1. The management and collection of the fees shall be the responsibility of the competent bodies in the various ministerial departments for the granting of authorizations, modifications, renewals and extensions, the issue of the documentation to which the refers to Article 44 and the processing of the visa application. "

Twenty-eight. Paragraph (a) is amended and a new paragraph (h) is inserted in Article 53, which shall be worded as follows:

" (a) To be irregularly found on Spanish territory, for not having obtained the extension of stay, having no authorization of residence or having expired for more than three months the said authorization, and provided that the person concerned does not has requested the renewal of the contract within the prescribed period.

(h) Failure to comply with Article 4 (2). "

Twenty-nine. Article 54 (1) (b) and Article 54 (2) are amended as follows:

" 1.b) Induce, promote, encourage or facilitate with a profit, individually or as part of an organization, the clandestine immigration of persons in transit or destined to the Spanish territory or their permanence in the provided that the fact does not constitute a crime. "

" 2. They are also very serious infringements:

(a) Failure to comply with the obligations laid down for the carriers in Article 66 (1) and (2).

(b) The carriage of foreigners by air, sea or land, to the Spanish territory, by the persons responsible for the transport, without having checked the validity and validity of the passports, travel titles or relevant identity documents, such as, where appropriate, the visa for which the foreign nationals are to be entitled.

(c) Failure to comply with the obligation of carriers to take over without a loss of time from abroad or transported which, due to deficiencies in the documentation referred to above, has not been authorised to enter into Spain, as well as from abroad transported in transit which has not been transferred to its country of destination or which has been returned by the authorities of this country, when it does not authorize the entry.

This obligation shall include the maintenance costs of the said foreigner and, if requested by the authorities responsible for the control of entry, the transport derivatives of that foreign country, which shall be immediately, either by means of the company which is the subject of a sanction or, failing that, by another transport undertaking, with a direction to the State from which it has been transported, to the State which issued the travel document with which it has travelled or to any other State where admission is guaranteed. "

Thirty. Article 55 (1), which is worded as follows, is amended as follows:

" 1. The offences listed in the preceding articles shall be sanctioned in the following

:

(a) The minor infractions with a fine of up to 300 euros.

(b) Serious infringements with a fine of EUR 301 up to EUR 6,000.

(c) Very serious infringements with a fine from 6,001 up to EUR 60 000, except as provided for in Article 54.2.b), which shall be fined EUR 3,000 to EUR 6,000 for each passenger transported or with a minimum of EUR 500,000 to lump-sum, irrespective of the number of passengers transported. '

Thirty-one. Article 58 (5) is amended and a new paragraph 6 is incorporated, as follows:

" 5. Where the return cannot be carried out within 72 hours, the judicial authority shall request the intended detention measure for the removal files.

6. The refund referred to in subparagraph (a) of paragraph 2 of this Article shall result in the re-initiation of the calculation of the entry ban period which has agreed to the resolution of the broken expulsion. Also, any refund agreed pursuant to paragraph (b) of this Article shall be prohibited for entry into Spanish territory for a maximum period of three years. "

Thirty-two. Five new items are introduced with the following content:

" Article 62a. Rights of foreign nationals.

Foreigners who are subjected to internment have the following rights:

a) To be informed of their situation.

b) To ensure respect for their life, physical integrity and health, without being able in any case to be subjected to degrading treatment or to abuse of words or work and to the preservation of their dignity and their privacy.

c) To facilitate the exercise of the rights recognized by the legal system, without more limitations than those arising from their situation of detention.

d) To receive appropriate medical and health care and be assisted by the center's social assistance services.

(e) To be communicated immediately to the person designating in Spain and to his lawyer the entrance to the center, as well as to the consular post of the country of which he is a national.

f) To be assisted by a lawyer, which shall be provided ex officio in his case, and to communicate with himself, even outside the general hours of the centre, when the urgency of the case justifies it.

g) To communicate on the schedule established at the center, with their family members, consular officials of their country or other persons, who may only be restricted by judicial resolution.

h) To be assisted by interpreter if you do not understand or speak Spanish and free of charge, if you have no financial means.

i) To have in your company your children, provided that the Fiscal Ministry reports favorably such a measure and there are in the center modules that guarantee the unity and family intimacy.

Article 62 ter. Duties of foreign nationals.

Foreigners subject to internment will be required:

(a) To remain in the center at the disposal of the judge of instruction who has authorized his entry.

(b) To observe the rules governing the centre and to comply with the general instructions given by the management and the individuals they receive from the officials in the legitimate exercise of their duties, maintenance of the order and the safety within it, as well as those relating to its own toilet and hygiene and the cleaning of the centre.

c) Maintain a correct civic activity and respect for the officials and employees of the center, with the visitors and with the other foreign nationals, refraining from profusing insults or threats against them, or to promote or intervene in attacks, fights, disorders and other individual or collective acts that alter coexistence.

d) Keep the good condition of the material installations, furniture and other effects of the centre, avoiding the deliberate deterioration or inuse, both of these and of the goods or belongings of the other foreigners admitted or officials.

e) Subject to medical recognition at the entrance and exit of the center, as well as in those cases where, for reasons of collective health, appreciated by the medical service, and at the request of the medical service, the director of the center has it.

Article 62c. Information and complaints.

1. Foreigners will receive written information about their rights and obligations, general organizational issues, rules of operation of the center, disciplinary rules and means to make requests or requests. complaints. The information will be provided in a language they understand.

2. Boarding schools may make, verbally or in writing, petitions and complaints about matters relating to their detention.

Such requests or complaints may also be submitted to the director of the centre, which shall be addressed by them if they are within their competence or shall be brought to the attention of the competent authority, otherwise.

Article 62 quinquies. Security measures.

1. The activities of surveillance and internal security in the centres may, in the form and with the periodicity to be established, carry out inspections of the premises and premises and whenever necessary for the safety of the centres of persons, clothes and beings of foreign internees.

2. Means of personal physical containment or preventive separation of the aggressor may be used in a single room to prevent acts of violence or injury of foreigners, to prevent acts of escape, damage to the premises of the centre or to the resistance to the personnel of the same in the legitimate exercise of his office. The use of the means of containment shall be proportional to the purpose pursued, they may not be a disguised sanction and shall only be used where there is no other less burdensome way to achieve the purpose pursued and for the time strictly required.

3. The use of means of containment shall be previously authorised by the director of the centre, unless the reasons for urgency do not allow it, in which case it shall be brought to its attention immediately. The Director shall communicate as soon as possible to the judicial authority which authorised the detention of the adoption and cessation of the means of personal physical restraint, with detailed expression of the facts which have given rise to such use and of the circumstances which could be maintained. The judge shall, as soon as possible and whenever the agreed measure is a preventive separation from the aggressor, shall, if it is in force, agree to its maintenance or revocation.

Article 62 sexies. Operation and internal arrangements of detention centres for foreigners.

At each foreign detention centre there will be a director responsible for its operation for which it will have to adopt the necessary organisational guidelines, coordinating and monitoring its implementation. It will also be responsible for taking the necessary measures to ensure the order and the correct coexistence between foreigners and to ensure the fulfilment of their rights, and the imposition of measures on the internal ones that do not respect the norms of proper co-existence or internal arrangements. "

Thirty-three. Article 63 (2) and (3) are amended as follows:

" 2. Where the investigation is given the opportunity to decide on the expulsion, the reasoned proposal shall be moved to the person concerned, in order to ensure that he or she considers appropriate within 48 hours, warning him of the consequences. not to do so.

In these cases, the foreigner will be entitled to legal assistance that will be provided to him, if necessary, and to be assisted by interpreter, if he does not understand or speak Spanish, and free of charge in the event that The European Union

If the person concerned, or his/her representative, does not make an argument about the content of the proposal or if it is not accepted, by way of a reasoned opinion, by the instructor, the evidence proposed, without changing the The agreement to initiate the file will be considered as a motion for a resolution with a referral to the competent authority to resolve the facts.

3. In the case of paragraph (a) of Article 53, where the foreign national proves that he has previously applied for temporary residence permit by reason of his/her position as provided for in Article 31.3 of this Law, the body responsible for the expulsion shall continue with the expulsion, where appropriate, by the procedure laid down in Article 57. '

Thirty-four. A new paragraph 3 is inserted in Article 64, which is worded as follows, with the current paragraphs 3 and 4 being 4 and 5, respectively:

" 3. Where a foreigner is detained on Spanish territory and found to have been issued a decision on expulsion by a Member State of the European Union, the decision shall be immediately implemented without the need for a new decision. removal file. The authorization of the investigating judge may be requested for admission to an detention facility, in order to ensure the execution of the expulsion sanction, in accordance with the provisions of this law. "

Thirty-five. Article 66 is amended, which is worded as follows:

" Article 66. Obligations of carriers.

1. Where the Spanish authorities so determine in respect of routes from outside the Schengen area where the intensity of migratory flows makes it necessary, for the purpose of combating illegal immigration and ensuring security public, any company, transport undertaking or carrier shall be obliged, at the time of completion of the shipment and before departure of the means of transport, to forward to the Spanish authorities responsible for the control of the on passengers to be moved, whether by air, sea or land, and regardless of whether the transport is in transit or as final destination, to the Spanish territory.

The information will be comprehensive of each passenger's first and last names, their date of birth, nationality, passport number or travel document attesting to their identity.

2. Any company, transport undertaking or carrier shall be obliged to send to the Spanish authorities responsible for the control of entry the comprehensive information on the number of return tickets not used by passengers previously have been transported to Spain, either by air, sea or land, and irrespective of whether the transport is in transit or as a final destination, from routes from outside the Schengen area.

When determined by the Spanish authorities, in the terms and for the purposes set out in the preceding paragraph, the information shall also include, for non-national passengers of the European Union, the European Economic Area. or of countries with which there is an international convention extending the legal arrangements provided for by the citizens of the States mentioned above, the name and surname of each passenger, their date of birth, nationality, passport number or a travel document that accredits your identity.

The information referred to in this paragraph must be sent within a period not exceeding 48 hours from the date of expiry of the ticket.

3. In addition, any carrier, carrier or carrier shall be obliged to:

(a) To carry out the proper verification of the validity and validity of the relevant passports, travel certificates or identity documents, as well as of the corresponding visa for which the holders will be entitled; foreigners.

(b) Take charge immediately of the foreigner who has moved to the relevant air, sea or land border of the Spanish territory, if the latter has been refused entry for deficiencies in the documentation required for the crossing of borders.

(c) To be held by a foreign national who has been transferred in transit to an air, sea or land border of the Spanish territory, if the carrier who is required to take it to his country of destination refuses to take it on board; or The authorities of the latter country would have refused entry and returned it to the Spanish border for which it has transited.

(d) Transporting the aliens referred to in paragraphs (b) and (c) of this paragraph to the State from which it has been transported, either to the State which has issued the travel document with which it has travelled; or to any other State which guarantees its admission and a treatment compatible with human rights.

The carrier, carrier or carrier that holds a foreign office under any of the assumptions provided for in this paragraph shall ensure adequate living conditions while remaining in the his position.

4. This article is also understood to mean the case in which air or sea transport is carried out from Ceuta or Melilla to any other point in the Spanish territory. "

Thirty-six. Article 68 (1) and (2) are amended and a new paragraph shall be added, which shall be 3, and paragraph 3 shall be paragraph 4.

" 1. In order to ensure proper coordination of the actions of the public administrations with competences on the integration of immigrants, a Higher Council of Immigration Policy will be constituted, in which they will participate, in a way (a) tripartite and balanced representatives of the State, the Autonomous Communities and the municipalities, the composition of which will be determined by regulation.

2. The Higher Council for Immigration Policy will produce an annual report on the employment and social integration situation of immigrants where it will be able to make recommendations for the improvement and improvement of policies in these areas, in particular with regard to the operation and forecast of the quota and the season-long campaigns.

3. For the performance of its functions, the Higher Council for Immigration Policy may consult and collect information from administrative, state or regional authorities, as well as from the social and economic agents involved with the immigration and the defence of the rights of foreigners. "

Thirty-seven. A new item is entered with the following content:

" Article 71. Spanish Observatory of Racism and Xenophobia.

The Spanish Observatory of Racism and Xenophobia will be set up, with study and analysis functions, and with the capacity to raise proposals for action in the fight against racism and xenophobia. "

Thirty-eight. A new third additional provision is introduced which is worded as follows:

" Additional provision third. Places of submission of applications and demand for personal appearance.

1. Where the entitled subject is in Spanish territory, he shall submit personally the applications for residence and work authorisations in the records of the competent bodies for processing.

Likewise, in the procedures in which the entitled subject is an employer, the applications may be submitted by the employer, or by whom the business legal representation is validly held.

2. Where the entitled subject is in foreign territory, the lodging of visa applications and their collection shall be carried out in person in the presence of the diplomatic mission or consular post in which the person concerned is demarcated.

Exceptionally, where the person concerned does not reside in the population in which the diplomatic mission or consular post is based, and reasons for the movement, such as the remoteness of the mission or office, or transport difficulties which make the journey particularly burdensome, it may be agreed that the application for a visa may be submitted by duly accredited representative.

Without prejudice to the provisions of the preceding paragraph, in the case of lodging of applications and the collection of visas for the stay, transit and residence for family reunification of minors, both formalities may be carried out by duly accredited representative.

In any case, the diplomatic mission or consular post may require the appearance of the applicant and, when deemed necessary, maintain a personal interview.

3. Likewise, personal appearance shall not be required in the procedures for the collective hiring of workers, in the cases referred to in an international agreement or agreement, in which case the provisions of the agreement or agreement shall be made. "

Thirty-nine. A new fourth additional provision is introduced, which is worded as follows:

" Additional provision fourth. Admission to processing of applications.

The competent authority to resolve the applications for the procedures covered by this law will be inadmissible in the following cases:

1. Lack of legitimacy of the applicant, or insufficient accreditation of the representation.

2. Submission of the application outside the legally established deadline.

3. In the case of reiteration of an application already refused, provided that the circumstances which led to the refusal have not changed.

4. Where there is an administrative procedure against the applicant in which the expulsion may be proposed or where an expulsion, judicial or administrative order has been ordered against the applicant.

5. Where the applicant is prohibited from entering Spain.

6. In the case of applications which are manifestly unfounded.

7. When referring to foreigners who are in Spain in an irregular situation, unless they are in one of the cases referred to in Article 31 (3).

8. Where such a request is not made in person and that circumstance is required by law. "

Forty. A new fifth additional provision is introduced, which is worded as follows:

" Additional disposal fifth. Access to information and collaboration between public administrations.

1. In the fulfilment of the objectives assigned to them, and with full respect to the law in force, the public administrations, within their competence, will collaborate in the transfer of data relating to the persons who are considered interested in the procedures regulated in this organic law and its implementing rules.

2. For the sole purpose of completing the actions which the organs of the General Administration of the State competent in the procedures regulated in this organic law and its implementing rules have entrusted, the State Agency Tax administration, the General Treasury of Social Security and the National Statistics Institute, the latter in relation to the Municipal Register of Inhabitants, will provide those with direct access to the files in which they work they must be recorded in those files, and without the consent of the in accordance with the legislation on data protection. "

Forty-one. A new additional provision is introduced, sixth, which is worded as follows:

" Additional disposal sixth. Readmission agreements.

To foreigners who, under the agreements that regulate the readmission of persons in irregular situations subscribed by Spain, must be delivered or sent to the countries of which they are nationals or from which they have been transferred to the Spanish territory, the provisions of these agreements and this law, as well as their implementing rules, will apply to them. "

Forty-two. A new additional seventh provision is introduced, which is worded as follows:

" Additional provision seventh. Delimitation of the Schengen area.

For the purposes of this law, the Schengen Area shall mean the whole of the territories of the States to which they apply.

'fully the provisions relating to the abolition of internal border controls and movement of persons, as provided for in Title II of the Convention for the implementation of the Schengen Agreement of 19 June 1990.'

Forty-three. A new additional eighth provision is introduced, which is worded as follows:

" Additional disposal octave. Aid for voluntary return.

The government will annually provide for the financing of voluntary return programs for individuals who so request and raise projects that involve their resettlement in the society from which they left and provided the same are of interest to that community. "

Article 2. Amendment of paragraph 1 of the Single Derogation Provision of Organic Law 8/2000 of 22 December.

Paragraph 1 of the unique repeal of the Organic Law 8/2000 of 22 December is amended as follows:

" 1. All the rules of the same or lower rank are repealed in that they contradict or oppose this law and, in particular, Article 1 (4) of Royal Decree 864/2001 of 20 July 2001, which adopted the implementing regulation for the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December. "

Article 3. Amendment of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime.

Articles 16 and 17 are amended and a new additional provision is incorporated in Law 7/1985 of 2 April, Regulatory of Local Regime Bases, which are worded as follows:

One. Two new paragraphs are inserted in Article 16 (1), following the existing one, which are worded as follows:

" The registration in the Municipal Register shall take effect only in accordance with the provisions of Article 15 of this Law for the time which subsidizes the fact that the reason and, in any case, shall be the subject of periodic renewal two years in the case of the registration of non-Community aliens without the authorisation of permanent residence.

The period referred to in the preceding paragraph shall be the cause of agreement on the expiry of the registration which must be the subject of periodic renewal, provided that the person concerned has not carried out such renewal. In this case, the expiry may be declared without the need for a prior hearing of the person concerned. "

Two. Article 16 (2) (f) is amended, which is worded as follows:

" f) Number of national identity card or, dealing with foreigners:

Number of the residence card in force, issued by the Spanish authorities or, failing that, number of the document proving the identity or passport in force issued by the authorities of the country of origin, in the case of nationals of Member States of the European Union, of other States party to the Agreement on the European Economic Area or of States to which, pursuant to an international convention, the envisaged legal regime is extended for the citizens of the States mentioned.

Identification number of foreign documents, in force, issued by the Spanish authorities, or, failing that, the number of the passport in force issued by the authorities of the country of origin the origin, in the case of nationals of States not covered by the preceding paragraph of this paragraph. "

Three. Article 16.3 of Law 7/1985 of 2 April, Regulatory of the Bases of the Local Regime, is amended, which is worded as follows:

" 3. The data of the Municipal Register shall be transferred to other public administrations that request it without prior consent to the affected only when they are necessary for the exercise of their respective competences, and exclusively for matters in that the residence or domicile is relevant data. They may also be used to produce official statistics subject to statistical confidentiality, in accordance with the terms of Law 12/1989 of 9 May, of the Civil Statistics Service and the statistical laws of the Autonomous Communities with competence in the field. "

Four. A second subparagraph is added to paragraph 2 and the last subparagraph of Article 17 (3) is amended as follows:

" 2. (...) If a city council does not carry out such actions, the National Statistics Institute, after the report of the Council of Empadionation, may require it in advance to concretize the inactivity, and if it is rejected, without prejudice to the (

) a judicial review of the application of the law of the Member State in which it is established;

" 3. (...) The National Statistics Institute shall transmit quarterly to the statistical institutes of the autonomous communities or competent bodies in the field, and, where appropriate, to other public administrations, the data relating to the standards in the municipalities in their territorial area in which they produce high or low foreign nationals under the same conditions as set out in Article 16.3 of this Law. "

Five. A new provision is introduced in addition to the seventh, which is worded as follows:

" Additional provision seventh. Access to the data of the register.

For the exclusive purpose of the exercise of the powers established in the Organic Law on the Rights and Freedoms of Foreigners in Spain and its Social Integration, on the Control and Permanence of Foreigners in Spain, the Directorate General of the Police will access the data of the registration of the foreigners existing in the Municipal Register, preferably by means of telematics.

In order to ensure strict compliance with personal data protection legislation, access will be carried out with maximum security measures. For these purposes, the General Directorate of the Police will be on record

of each access, the user ID, date and time it was made, as well as the data queried.

In order to keep the data on the registration of foreigners in the municipal rolls up to date, the Directorate General of the Police will report monthly to the National Statistics Institute, for the exercise of its powers, the data of foreign nationals recorded in the Central Register of Foreigners.

Ministers of the Economy and the Interior are empowered to dictate the provisions governing the communications of foreign data recorded in the Central Foreign Office by electronic, computer or electronic means. telematics to the National Statistics Institute. "

Article 4. Amendment of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

An additional new provision is introduced in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which is worded as follows:

" Additional Disposition 19th.

Administrative procedures regulated in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December.

The procedures regulated in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, as amended by the Organic Law 8/2000 of 22 December, will be governed by their specific rules, applying this law in an extra way. '

Article 5. Introduction of a paragraph 3 of Article 15 of Law 3/1991 of 10 January of Unfair Competition.

The following paragraph 3 is inserted in Article 15 of Law 3/1991, of 10 January, of Unfair Competition:

" 3. Similarly, in the context of the provisions of Article 2, the hiring of foreigners without authorisation to work obtained in accordance with the provisions of the legislation on aliens is considered unfair. "

Single additional disposition. Replacement of the term permission by the authorization.

All references to the term "permit" included in Organic Law 4/2000, as amended by Organic Law 8/2000, will be replaced by the term "authorization".

First transient disposition. Validity of the permits in force.

The different permits or cards that enable to enter, reside and work in Spain to persons included in the scope of the law that have validity to the entry into force of it, will keep it for the time for which they have been issued.

Second transient disposition. Regulations applicable to the procedures in force.

The ongoing administrative procedures will be processed and resolved in accordance with the regulations in force at the time of initiation.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed in what they contradict or oppose to this law.

Final disposition first. Organic law range.

The first and second articles will have an organic character, as soon as they affect the precepts qualified as such in the final provision of the Organic Law 8/2000, as well as the unique repeal of this law.

Final disposition second. Adequacy of the General Administration of the State in the Foreign Affairs.

The government will approve the appropriate provisions to bring the General Administration of the State in the Foreign Ministry to the new functions entrusted to it in terms of hiring and documentation of foreign workers.

Final disposition third. Regulatory adaptation.

The Government, within six months of the publication of this organic law, will adapt to its provisions the Implementing Regulation of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and its social integration, as amended by the Organic Law 8/2000 of 22 December, approved by Royal Decree 864/2001 of 20 July.

Final disposition fourth. Entry into force.

This organic law shall enter into force in the month of its full publication in the "Official State Gazette".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 20 November 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ