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Royal Decree 967/2002, Of 20 September, Which Regulates The Composition And Functioning Of The National Commission For Civil Protection Regime.

Original Language Title: Real Decreto 967/2002, de 20 de septiembre, por el que se regula la composición y régimen de funcionamiento de la Comisión Nacional de Protección Civil.

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TEXT

Law 2/1985 of 21 January on Civil Protection refers to the National Civil Protection Commission as part of the basic organization in the field of management and coordination, and in Article 17 thereof, composition, which shall be composed of the representatives of the State Administration which are to be determined, as well as by a representative appointed by the governing bodies of each of the Autonomous Communities.

By Royal Decree 888/1986 of 21 March, the composition, organization and operating system of the National Civil Protection Commission is determined, under the terms of Article 17 of Law 2/1985. This Royal Decree has been amended several times in order to adapt it to the successive restructurings produced in the General Administration of the State. The last of these modifications was taken up in Royal Decree 573/1997, of 18 April, which in turn was amended by Royal Decree 2061/1999, of December 30, so that it could be part of the National Commission of Civil Protection. representative of the Nuclear Security Council.

Royal Decree 557/2000 of 27 April, restructuring of the ministerial departments has introduced changes in the Departments, splitting the Ministry of Economy and Finance, suppressing the Ministry of Industry and Energy and creating Science and Technology.

Finally, Royal Decree 1301/1990 of 26 October, attributed to the National Civil Protection Commission the character of the Spanish Committee of the International Decade for Natural Disaster Reduction, in accordance with the (a) by Resolution A/42/169 of 22 December 1987 of the General Assembly of the United Nations, for which the period from 1990 to 2000 was designated as the "International Decade for Natural Disaster Reduction".

According to the final provision of that Royal Decree 1301/1990, of 26 October, the functions attributed to the National Civil Protection Commission for the purposes of the same, ended with the year 1999.

However, by Resolution A/RES/54/219 of 3 February 2000, the General Assembly of the United Nations agreed to give continuity to the activities carried out in the framework of the Decade mentioned above, in an initiative which has given the name of the International Strategy for Disaster Reduction.

For all this, to adapt to the modifications of the administrative structure, and in order to improve the exercise of the functions that the National Commission of Civil Protection has to play as an instrument of interadministrative coordination, and give continuity to the actions developed as a Spanish Committee of the International Decade for Natural Disaster Reduction, according to what currently requires our protection system It is necessary to bring into force a Royal Decree replacing Royal Decree 888/1986 of 21 March, previously referred to, with its successive modifications.

In its virtue, prior to the report of the National Civil Protection Commission, on the proposal of the Minister of the Interior, with the prior approval of the Minister of Public Administration, according to the State Council and previous deliberation of the Council of Ministers at its meeting on 20 September 2002,

D I S P O N G O:

Article 1. Nature and purpose.

The National Civil Protection Commission is an inter-ministerial collegiate body under the Ministry of the Interior, which has the fundamental purpose of achieving adequate coordination between the organs of the General Administration of the State and the Administrations of the Autonomous Communities, in the field of civil protection, in order to ensure an effective action of the public authorities in order to study and prevent situations of serious risk collective, disaster or public calamity, and the protection and relief of persons and property in cases in that such situations occur.

Article 2. Functions.

1. The National Civil Protection Commission, in accordance with Article 17 of Law 2/1985, shall exercise the following functions:

(a) Inform the technical standards that are dictated at national level in the field of civil protection.

b) Develop the necessary criteria for establishing the National Catalogue of Mobile Resources in emergency cases, whether public or private.

c) Participate in the coordination of the actions of the organs related to civil protection.

(d) Inform regulations and regulations that, as a result of affecting the security of persons or property, are related to civil protection.

e) Propose the standardization and approval of techniques and means that can be used for the purposes of civil protection.

f) Homologating civil protection plans whose competence is attributed to them.

g) Other than legally attributed to you.

2. The National Civil Protection Commission will have the status of the Spanish Committee of the International Strategy for Disaster Reduction, with the following functions:

a) Meeting the criteria, guidelines and initiatives of public administrations in relation to the prevention and mitigation of risks of a catastrophic nature.

b) To promote initiatives of the different public administrations and private entities, in order to carry out actions that contribute to the improvement of the prevention and mitigation of risks of a catastrophic nature.

c) Promote the development of a preventive social culture in relation to catastrophic risks.

d) Know and disseminate the reports, recommendations, guidelines and programmes emanating from the UN bodies responsible for the implementation of the International Strategy for Disaster Reduction.

e) Promoting the participation and coordination of activities of the different public administrations, private entities and specialized personnel, in international cooperation programs related to prevention and mitigation disasters.

Article 3. Organization.

1. The National Civil Protection Commission will operate in plenary and in the Permanent Commission.

2. For the study of specific aspects, within the competence of the National Civil Protection Commission, technical commissions or working groups may be created.

Article 4. Composition of the plenary session.

1. The plenary session of the National Civil Protection Commission shall be composed of the following members:

1. President: the Minister of the Interior.

2. Vice-President: The Undersecretary of the Ministry of the Interior who will replace the President in the cases of vacancy, absence or illness.

3. Secretary, with voice and vote: the Director General of Civil Protection.

4. Vocals:

(a) A vocal representative of each of the following ministerial departments: Economics; Science and Technology; Promotion; Education, Culture and Sport; Labour and Social Affairs; Agriculture, Fisheries and Food; Public administrations; Health and Consumer Affairs; Finance, and Presidency.

b) A vowel representing the General Secretariat of the Presidency of the Government.

c) Two vowels representing the Ministry of Defense and two others from the Ministry of the Environment.

d) Four vowels representing the Ministry of the Interior.

e) A vocal on behalf of the Nuclear Security Council.

f) A vowel representing each of the Autonomous Communities and the cities of Ceuta and Melilla.

2. Exclusively for the purpose of functioning as the Spanish Committee of the International Strategy for Disaster Reduction, it will be integrated in the plenary session of the National Civil Protection Commission, as a voice, a representative of the Ministry of Foreign Affairs. External.

3. The vowels representing the General Administration of the State shall have administrative rank, at least, of Directors-General or equivalent and shall be appointed by the Minister of the Interior, on a proposal from the holder of the respective Department, except the representative of the General Secretariat of the Presidency of the Government and the Nuclear Security Council, which shall be the proposal of the Secretary-General of the Presidency and the Nuclear Security Council respectively. Each vowel shall be appointed as an alternate vowel by the same procedure and with a minimum administrative level of Subdirector-General or equivalent.

4. The competent bodies of each Autonomous Community and of the cities of Ceuta and Melilla shall appoint the members and alternate members.

5. The vowels shall cease at the disposal of the authority which made the appointment, on a proposal from the same authority which proposed them.

Article 5. Standing Committee. Composition and functions.

1. The Permanent Commission will have as its President the Deputy Secretary of the Interior and as Vice President the Director General of Civil Protection, replacing the second one with the first in the cases of vacancy, absence or disease, and will be integrated by the following vowels:

(a) A vocal representative of each of the Ministry of Economic Affairs; of Public Works; of Health and Consumer Affairs; of Defense, and of the Environment.

b) A vowel representing the General Secretariat of the Presidency of the Government.

c) Two vowels representing the Ministry of the Interior.

d) Eight members representing the Autonomous Communities and Cities of Ceuta and Melilla, elected by the members of the plenary.

2. He will act as Secretary of the Permanent Commission, with a voice and without a vote, an official of the Directorate General of Civil Protection, with administrative level of Deputy Director General or equivalent, appointed by the Director General of Civil Protection.

3. The members of the Permanent Commission representatives of the General Administration of the State shall be appointed by the Minister of the Interior among the members of the plenary session of the same membership and shall have the same alternates as Members of the plenary.

4. It is for the Standing Committee to exercise the following tasks:

(a) Ensure the continuity of the National Civil Protection Commission in the periods between the successive plenary sessions.

b) Develop criteria, studies, proposals and reports on programmes, plans and procedures for action.

c) structuring and monitoring and evaluating the activities of the technical committees and working groups.

(d) All those functions which are delegated to him by the Plenary or are expressly entrusted to him by the Plenary.

5. The Standing Committee shall inform the plenary in good time of the actions it takes.

Article 6. Technical committees and working groups.

1. The plenary session of the National Civil Protection Commission will be able to agree to the creation of technical committees as study bodies and proposal in order to prepare the decisions of the plenary and the Permanent Commission.

2. Each technical committee shall have a Chair, one or more Vice-Presidents, a Secretary, with a voice and vote, and the number of vowels necessary for the proper fulfilment of its purposes.

3. The composition and functions of each technical committee shall be determined in the agreement which it believes, and shall include representatives of public administrations, self-employed bodies or public or private entities whose powers or objectives are relating to the activities of the technical committee concerned.

4. By agreement of the plenary session and, where appropriate, of the Permanent Commission, work groups may be set up for the study and report of specific aspects related to the competences of the National Civil Protection Commission, which will adopt a structure similar to those of the technical commissions and will disappear when the objective or purpose for which they were created ends.

Article 7. Arrangements for convening and participation.

1. The plenary session shall meet in ordinary session once a year, the Standing Committee in regular session four times a year, and the technical committees and working groups shall meet as many times as necessary, upon convocation of their President.

Calls must be made at least 15 days in advance, with the same issues as the case, the place, the date and the time of the celebration.

2. The plenary session and the Standing Committee shall meet, in extraordinary session, as many times as the President deems it necessary, or at least one third of its members.

3. For the valid constitution of the plenary session, for the purposes of holding meetings, deliberations and agreements, the presence of the President or the Vice-President and the Secretary-General shall be required, and at least half of its members shall be present.

For the valid constitution of the Standing Committee, for the purposes of holding sessions and for the adoption of agreements, the presence of the President or the Vice-President, the Secretary and at least four of the members shall be required. representatives of the General Administration of the State and four of those representing the Autonomous Communities and the cities of Ceuta and Melilla.

For the valid constitution of technical commissions and working groups, the presence of the President or the Vice President, the Secretary and at least half of its members will be necessary.

4. Meetings of the plenary session and of the Standing Committee, as well as of the technical committees and working groups, may be convened by the respective President, acting in an advisory capacity, to all experts and persons deemed appropriate, on the basis of the issues to be dealt with.

5. The plenary sessions and the Standing Committee of the National Civil Protection Commission, as well as the meetings of the technical committees and working groups, shall be convened, in any case, and shall have the right to participate, with a voice but without a vote, a Representative of the local authority designated by the association of local entities with a higher level of implementation.

Article 8. Meetings and adoption of agreements.

1. The plenary session and the Standing Committee will discuss the issues on the agenda.

2. The plenary agreements shall be adopted by a majority of the votes of their members present, except for those whose purpose is to report on technical standards or general provisions on civil protection to be adopted by a majority. a qualified two-thirds of the members present.

The agreements of the Permanent Commission, technical commissions and working groups will be adopted by a majority of votes of its members present.

3. The votes shall be nominal, unless the majority of the members present at the sitting decide on their secret character.

In case of a tie, when the approval can be produced by a majority of the present, the vote of the President will be decided.

4. In cases of absence or sickness and in general where there is a justified cause, the members of the plenary session and the standing committee may be replaced by the corresponding alternate members, not being possible. delegation.

5. Meetings of technical committees and working groups may be replaced by "virtual forums" developed by electronic means.

Article 9. Technical Secretariat.

The Directorate General for Civil Protection will perform the functions of the Technical Secretariat of the National Civil Protection Commission, acting as the administrative and permanent administrative and technical support of the National Protection Commission. Civil, ensuring the proper implementation of the agreements adopted, the preparation and distribution of the various documents and the necessary coordination between the different technical committees and working groups.

Additional disposition first. Operating system.

Without prejudice to the specialties provided for in this Royal Decree, the regime of constitution, calls, adoption of agreements and, in general, the functioning, as a collegiate body, of the National Commission of Protection Civil in plenary, of the Standing Committee, of the technical committees and of the working groups, shall be governed by the provisions to the effect in Articles 22 et seq. of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

Additional provision second. Technical Secretariat.

The operation of the Technical Secretariat of the National Civil Protection Commission will be dealt with with the personal and material resources of the Directorate General for Civil Protection.

Single repeal provision. Regulatory repeal.

The Royal Decree 888/1986 of 21 March on the composition, organisation and operation of the National Civil Protection Commission is hereby repealed, as well as all successive amendments and other rules of procedure. the same or lower rank is contrary to the provisions of this Royal Decree. Royal Decree 1301/1999, of 26 October, is also repealed, for which the National Civil Protection Commission is assigned the character of the Spanish Committee of the International Decade for Natural Disaster Reduction.

Final disposition first. Faculty of development.

By the Minister of the Interior, the provisions that are necessary for the development and implementation of this Royal Decree, without prejudice to the powers of the National Civil Protection Commission, will be dictated, prior to the report of the National Civil Protection Commission. Commission to establish or supplement its own operating rules.

Final disposition second. Entry into force.

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

Given in Madrid on 20 September 2002.

JOHN CARLOS R.

The Minister of the Interior,

ANGEL ACEBES PANIAGUA