The Royal Decree 757/1990, of June 15, which regulates the Defense Aggregates, established a new structure of these organs in the Permanent Diplomatic Missions of Spain according to the new criteria emanating from the Royal Decree 1/1987 of 1 January, determining the basic organic structure of the Ministry of Defense, and with Royal Decree 632/1987 of 8 May on the organization of the State Administration abroad.

This standard was a first attempt to coordinate and integrate the Ministry of Defense's action with that of the Ministry of Foreign Affairs.

It was also intended that the figure of the Attaché would respond to a growing presence of the Spanish Armed Forces abroad.

However, since that date significant changes have taken place in the Spanish defense policy, such as the active participation of Spain in international missions; the full integration of our country into the The national commitment, taken by the political forces and by the Spanish people themselves, that Spain with its Armed Forces contribute continuously to the maintenance and preservation of peace wherever our presence is required.

These events have been the cause of regulatory reforms such as those introduced by Royal Decree 1883/1996 of 2 August, establishing the basic organic structure of the Ministry of Defense, and its subsequent ones. amendments by the Royal Decrees 76/2000 of 21 January and 64/2001 of 26 January.

The Ministry of Defense has fully incorporated into the political project to develop an increasingly uniform action of the State abroad, in accordance with the principles that inspired the creation of the Political Council. Exterior by Royal Decree 1412/2000, of July 21, of which he has become a permanent member. Article 3.3 of the Royal Decree defines as one of the main functions of the Council to "contribute to the coordination of the external action of the various ministerial departments and public bodies." For its part, the Royal Decree 64/2001 of 26 January, mentioned above, created the General Secretariat of

Defense Policy, with the role, among others, of " directing the international aspects of the Defense Policy, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of the external action unit of the State. ' The need for a specific management body to deal with the challenges posed to Spain by the future development of the European defence in the context of the common foreign and security policy was addressed, as was the case for Spain. comes to know in the countries of our environment as "defense diplomacy".

Therefore, it is necessary to adapt the existing regulation on the Defense Aggregates to the needs of the Spanish defense policy, giving a new treatment to the figure of the Defense Attaché, whose The above denomination is changed by the Defense Counselor, according to the rest of the sectoral representatives integrated in the Spanish Diplomatic Missions. It is also necessary to accommodate their dependence on the new structure of the Department, and, consequently, to overcome the old division by Armies, in response to the current need for a coordinated and unique action of the Armed Forces and the Defense policy abroad. Finally, for these same reasons, it is appropriate to unify its legal regulation with that of the Directors appointed for the Permanent Representations in the International Organizations of which Spain is a party.

In its virtue, at the initiative of the Ministers of Foreign Affairs and Defence, on a proposal from the Minister of Public Administration and after deliberation by the Council of Ministers at its meeting on 6 September 2002,

D I S P O N G O:

Article 1. Definitions.

1. In the diplomatic missions of Spain to be determined by the Ministers of Foreign Affairs and Defense, there will be a Defense Department that will exercise the functions that are related to the article 4 of this Royal Decree.

Defense Advisors in the bilateral diplomatic missions will also be able to use the name of Defense Attaché, according to the traditional diplomatic practice.

2. Also, in the Permanent Representations of Spain to the international organizations, whose objectives or scope of action are directly related to the competences of the Ministry of Defense, they may exist, under the dependence of the Ambassador Permanent Representative, the positions of Defense Counselors that are deemed necessary for the performance of the functions of the representation.

These Counselors will be governed, in general, by the provisions of this Royal Decree, without prejudice to the peculiarities that may be derived from the specific regulations of the respective Representation and the characteristics of the international organisations concerned.

3. As members of the Diplomatic Missions and Permanent Representations, some and others will have the consideration and duties of the other members according to their level, in accordance with the provisions of the approved instructions. by the Ministry of Foreign Affairs.

article 2. Dependencies.

Without prejudice to the powers of management and coordination of the Heads of the Diplomatic Missions or the respective Permanent Representations, the Defense Directors depend on the other functional and organic effects. of the Minister of Defense, through the General Secretariat of Defense Policy, without prejudice to the relations of coordination and information that must be maintained with the Chief of Defense Staff, as the maximum responsible for the aspects military policy operations, and with the Secretary of State for Defence and with the Heads of State Major States of the Armies of the Earth, Navy and Air, as responsible for their corresponding areas.

Article 3. Creation and deletion.

The creation or suppression of a Defense Ministry will be carried out by Royal Decree, at the joint initiative of the Ministers of Foreign Affairs and Defense, and on the proposal of the Minister of Public Administration.

Article 4. Functions.

The Defense Advisers, in accordance with the powers conferred on the Ministry of Defense in the current laws and regulations, will, in general, develop the following functions in the field of the Defense Policy:

a) Advise the Head of the Diplomatic Mission or the Permanent Representation, inform him of the activities that the Department develops and collaborate in the promotion of relations with the receiving State or the Organization "

b) Provide information, without prejudice to the provisions of Article 10.1 of Royal Decree 632/1987, of 8 May, to the higher bodies and managers of the Ministry of Defence, on the activities or fields of interest which develop, in the relevant field of their competences, without prejudice to the appropriate coordination of the General Secretariat of Defence Policy.

(c) Relating to the defence authorities of the receiving State or international organisations to whom it is accredited, to request information, and to inform them of the national positions on their competence, where they consider it necessary or be determined by the authorities of those who are dependent.

d) To support the initiatives and activities of all the higher bodies and managers of the Ministry of Defence in the receiving State or in the International Agency.

e) To support in all necessary the different delegations or Spanish military missions sent to the country of accreditation for sectoral issues of the Department.

Article 5. Information activities of the members.

1. The information activities to be carried out by the Defense Directors will respond to periodic plans that will collect the needs of the Ministry of Defense authorities.

2. The coordination of these plans shall be the responsibility of the Secretary-General for Defence Policy.

Article 6. Organization.

1. The Head of the Counselor will be exercised by the Defense Counsellor appointed to the effect, which may

to be assisted, when required, by a Vice-Foreign Minister as an immediate contributor.

2. In the diplomatic missions which so require, Assistant Directors shall be appointed, who shall give priority to the activities of the area of material acquisitions or of one of the Armies, receiving the name, as appropriate, of Assistant Armaments Counsellor, Military Deputy Counsellor, Naval Deputy Counsellor and Air Deputy Counsel.

In the Permanent Representations, you will also be able to appoint Assistant Directors who will attend to any of the areas that the Ministry of Defense deems necessary, receiving the corresponding name.

3. The Deputy Minister, or, failing that, the oldest Deputy Counsellor, shall assume the Head of the Office in the event of a vacancy in the position of Counsellor, absence or sickness of the holder, or where for any reason the person is unable to meet. for the exercise of their duties.

4. In addition to the provisions set out in the preceding paragraphs, the Defence Councils shall have a support body, the composition of which shall be in the role of the entity of the Ministry of Defence and which shall constitute a single administrative entity and shall have of the necessary auxiliary personnel, under the dependence of the Defense Counselor.

5. The Minister of Defense will determine the structure and composition of the Defense Ministry.

Article 7. Appointment and termination of the Defence Directors.

Councillors, Deputy Members and Assistant Directors will be appointed among the members of the Armed Forces by the Minister of Foreign Affairs on the proposal of the Minister of Defense, according to the free designation procedure. The eesc will be produced by the same procedure.

Once appointed, the Ministry of Foreign Affairs shall give evidence to the receiving State or the Organization concerned.

Additional disposition first. Defense Department of the Spanish Diplomatic Mission to the United States of America.

From the Defense Department of the Spanish Diplomatic Mission to the United States of America will also depend on the Technical Offices of the Air Force (TLMO) and the Spanish Navy Mission in the United States of America. North America (MISMARES).

The remaining Technical Offices that can be created will depend, through the Assistant Directors of the respective areas, of the Defense Department accredited to the State in which they are constituted.

Additional provision second. Powers of the Chief of Defence Staff in international military organizations.

The Chief of Defence Staff will continue to retain its current responsibilities in relation to the appointment and management of staff employed in posts within the military structure of the organisations. of which Spain is a party.

The Chief of the Defense Staff will also retain the functions of representation, by delegation of the Minister, in the military and operational structures of the international military organizations, to which the Article 7 (7) of Royal Decree 1883/1996 of 2 August 1996.

Additional provision third. Implementation of the new structure.

The implementation and subsequent development of this Royal Decree may not result in any increase in staff or public expenditure.

Single repeal provision. Regulatory repeal.

The Royal Decree 757/1990, of June 15, is repealed, regulating the Defense Aggregates, as well as all those provisions of equal or lower rank as soon as they object to the provisions of the present Royal Decree.

Final disposition first. Powers of development.

The Minister of Defense is empowered, prior to the proper legal procedures, to make the necessary provisions for the development of this Royal Decree.

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 to September 6, 2002.

JOHN CARLOS R.

The Minister of Public Administration,

JAVIER ARENAS BOCANEGRA