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Real Decree 638 / 2014, Of 25 Of July, By Which It Approves The Regulation Of The Career Diplomatic.

Original Language Title: Real Decreto 638/2014, de 25 de julio, por el que se aprueba el Reglamento de la Carrera Diplomática.

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Law 2/2014, of March 25, of the Action and the Foreign Service of the State, has been promulgated, as expressly stated in its article first, in order to regulate the foreign action of the State, to list its guiding principles, identify the subjects and areas thereof, establish the instruments for their planning, follow up and coordinate and order the State's Foreign Service, to ensure the coordination and coherence of the set of actions that the They constitute and are subject to the guidelines, purposes and objectives of the Foreign Policy. In its Title III, the law provides for a delimitation of the State's Foreign Service, consisting of the organs, administrative units, institutions and human and material resources of the General Administration of the State acting in the outside, with special reference to the staff of the State's Foreign Service, whose components are the officials of the Diplomatic Career, with functions of a political, diplomatic and consular nature attributed in a manner exclusive.

A legislative novelty of such significance advises to undertake a clarification and unification of some aspects of the statute of these officials, strongly conditioned by their regime of forced mobility outside of Spain, and, in particular, from the existing rules on promotions and the provision of jobs. As a result, this Regulation expressly repeals, among other provisions, the Decree of 15 July 1955, which adopted the Organic Regulation of the Diplomatic Career, which was practically not applicable, as well as Royal Decree 674/1993 of 7 May 1993 on the provision of jobs abroad and promotions of officials of the Diplomatic Career. It is also appropriate, in the light of the forecasts contained in Article 14 and Article 54 (8) of Law 7/2007 of 12 April, of the Basic Staff Regulations, to regulate the fundamental aspects of the training of diplomats, heavily influenced by the performance of jobs abroad.

While the nature of this Regulation determines that its content is certainly heterogeneous, it has been sought not to reiterate what is already expressly provided for in the provisions of the Civil Service General Administration of the State. Therefore, the full regulation of the legal status of officials of the Diplomatic Career should necessarily be the result of the integration of those provisions and of this Regulation.

The Regulation begins with a few general provisions, and subsequently addresses the promotion regime in the Diplomatic Career, a career structured in different categories according to the provisions of the Convention on Diplomatic Relations of 18 April 1961. In this respect, the necessary requirements for the promotion to the respective categories are detailed, with special reference to the promotion to the Counsellor of the Embassy and the Plenipotentiary Minister of the third class, where a whole series of new requirements, since, in addition to the seniority and performance of foreign positions previously envisaged in general, it is necessary to have passed a specific course of promotion, a requirement that is absolutely new and that has as to strengthen the knowledge of the members of these categories with a view to eventual designation as head of mission. The aim is to ensure that officials who have sufficient experience and training are given an objective access to the higher positions of the Diplomatic Career Escalation.

In this area, the Regulation regulates in a particular way the promotion to the category of Ambassador, which corresponds discretionally to the Council of Ministers on the proposal of the Minister of Foreign Affairs and Cooperation, reserved, in general, to those members of the diplomatic career who, having the status of the first class Plenipotentiary Minister, are active and have held a Diplomatic Mission Head or other senior position in the General Administration of the State.

With regard to the provision of foreign jobs reserved for officials of the Diplomatic Career, whose specificity is provided for in point (b) of the first paragraph of Article 1 of the Royal Decree 364/1995, of 10 March, approving the General Staff Regulations for the Service of the General Administration of the State and the provision of jobs and professional promotion of Civil Servants of the Administration General of the State, the Regulation regulates in detail the procedure, with special reference to the requirements of the candidates, as well as the elements to be assessed in them. It is intended to make progress in determining the suitability requirements of candidates for specific positions in an objective manner, recognizing the effort, dedication and merits of diplomatic officials.

Together with the regulation of the general call for the provision of foreign jobs reserved for officials of the Diplomatic Race to be held every year before February 15, the establishes the possibility of making special calls for the provision of vacant posts abroad which, for the needs of the service, are to be covered prior to the general call, thus providing for the transparency and predictability of the entire system.

The Regulation regulates the Board of the Diplomatic Career, a collegial body advisor to the Undersecretary and the Minister for Foreign Affairs and Cooperation on issues relating to the Diplomatic Career, and, in particular, on the the promotion of promotion and the provision of jobs abroad, areas in which the Board has an important faculty of proposal for the decisions that correspond to the Minister. This important advisory body, which has shown its fundamental importance over the last three decades and on which most of the provisions of this Regulation is based, is maintained accordingly.

Thus, as in Royal Decree 674/1993, of 7 May, on the provision of foreign jobs and promotions of the officials of the Diplomatic Career, this Regulation guarantees the intervention in the Board of the Diplomatic Career of the representatives elected by and among the members of the different categories, ensuring that the interests and aspirations of all of them are properly represented.

A chapter in this Regulation is devoted to the regulation of the procedure for the provision of free designation of work in the central services of the Ministry of Foreign Affairs and Cooperation. The regulation basically complies with the provisions of the Basic Staff Regulations and the provisions of the Civil Service of the General Administration of the State on the free designation. It is envisaged that an annual general meeting will be held to cover posts which are vacant as a result of the resolution of the procedure for the provision of jobs abroad. The Regulation also provides for the possibility of setting up working groups as a speciality in order to properly assess the merits of the officials involved in this procedure. This is intended to improve existing procedures by making it easier for diplomatic officials to advance their expertise, including through their professional performance in central services.

Chapter VI of the Regulation, referring to the designation of the Heads of Diplomatic Mission, develops the provisions of Article 44.4 of the Law of Action and of the State's Foreign Service, in which it is established that the Extraordinary and Plenipotentiary Ambassadors, the Permanent Representatives of the Permanent Representatives and the Charters of Business with letters of cabinet shall be appointed among the officials of the Diplomatic Career in the manner that is determined, without prejudice to the fact that the Government, in exercise of its discretion, may designate Ambassadors to persons not belonging to the Diplomatic Career.

For these purposes, the Regulation provides for the intervention of a working group chaired by the Under-Secretary for Foreign Affairs and Cooperation, in his capacity as Head of the Diplomatic Career to be presented to the Minister for Foreign Affairs. Foreign and Cooperation, with no binding character, a diplomatic forum to occupy the Headquarters of Mission that is foreseen to be covered through this procedure. The requirements to be met by the candidates on the basis of the group in which each Diplomatic Mission or Permanent Representation is classified, as well as the criteria of professional competence and experience to be assessed, are regulated in detail. in those. It is thus intended to achieve greater professionalisation of the Heads of Mission, by providing them with advertising, transparency and predictability, in line with the practice of other external services in our environment, but without reducing Case, the discretionary power of the Government.

Finally, the Regulation addresses the training of officials of the Diplomatic Career, differentiating the specific training of those who are destined for a position abroad, and the continuing training that corresponds and is require all of its components. In this field, a particular reference is made to the Diplomatic School as a training centre for these officials who must adapt to the new realities of an international community in constant mutation, to changes in the forms and methods of communication so that they are in a position to meet the needs and expectations of the Spanish society, which can only be achieved through the updating of knowledge and management and management techniques. This continuous training has its corresponding reflection in the promotion system.

In its virtue, on the proposal of the Minister of Finance and Public Administrations and the Minister of Foreign Affairs and Cooperation, according to the Council of State and after deliberation of the Council of Ministers at its meeting of the day 25 July 2014,

DISPONGO:

Single item. Approval of the Diplomatic Career Regulation.

The Diplomatic Career Regulation is approved, the text of which is included below.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed in what they contradict or oppose to the provisions of this royal decree.

2. In particular, the following provisions are expressly repealed:

(a) Royal Decree 674/1993 of 7 May on the provision of foreign jobs and promotions of officials of the Diplomatic Career.

b) Royal Decree 571/1982, of 17 March, for which the system of entry into the Diplomatic Career is regulated.

(c) The Decree of 15 July 1955, for which the Organic Regulation of the Diplomatic Career is adopted.

3. Following the entry into force of this royal decree, the following provision will remain in force:

(a) The Order of 3 October 1997 laying down rules on Uniforms of the Diplomatic Career.

Final disposition first. Amendment of Royal Decree 1475/1987, of 27 November, for which the Diplomatic School is reorganised.

Article 2 (1) of Royal Decree 1475/1987 of 27 November 1987, for which the Diplomatic School is reorganized, is amended as follows:

" One. The Diplomatic School is the training center specialized in international relations, dependent on the Ministry of Foreign Affairs and Cooperation, which has, among others, the following functions:

1. º Vocational training through a selective course of officials in practices that have overcome the opposition to the Diplomatic Career.

2. The continuing training of the members of the Diplomatic Career through refresher courses and teaching activities in areas of interest.

3. The category promotion courses of the officials of the Diplomatic Career.

4. The specialization courses for positions abroad and those relating to training for admission to the European External Action Service.

5. The specialized language teaching.

6. The realization of other courses and academic activities of interest in the area of external relations. "

Final disposition second. Regulatory enablement.

The Minister of Foreign Affairs and Cooperation is hereby authorized to make the necessary provisions for the development and implementation of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, July 25, 2014.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

DIPLOMATIC CAREER RULE

CHAPTER I

General provisions

Article 1. Purpose of the Regulation.

1. The purpose of this Regulation is to regulate the admission, promotion, provision of posts and training of officials of the Diplomatic Career.

2. In all cases not provided for in this Regulation, the general provisions of the legislation for officials of the General Administration of the State shall apply.

Article 2. Officials of the Diplomatic Career.

The officials of the Diplomatic Race, who are subject to a system of compulsory mobility outside Spain, constitute the Body of the General Administration of the State, attached to the Ministry of Foreign Affairs and Cooperation, to which the functions of a political, diplomatic and consular nature are entrusted to them by their specific preparation, in accordance with the provisions of the international conventions in force, so that the posts they have Those functions are assigned exclusively to those officials.

Article 3. He entered the Diplomatic Career Corps of Officials.

The entry into the Diplomatic Career Officers ' Corps will be conducted by opposition, in accordance with the public employment offer and the corresponding call published in the "Official State Gazette."

Article 4. Categories.

1. The categories of the Diplomatic Career are as follows:

Ambassador.

First class Plenipotentiary Minister.

Second class Plenipotentiary Minister.

3rd class Plenipotentiary Minister.

Embassy Counselor.

First class embassy secretary.

Second class embassy secretary.

Secretary of 3rd class Embassy.

2. The Assistant Secretary for Foreign Affairs and Cooperation, in his capacity as Head of the Diplomatic Career, will have the category and honors of Ambassador during his position.

CHAPTER II

Promotions in the Diplomatic Career

Article 5. Escalafon.

1. The scale of the officials of the Diplomatic Career, composed of the categories set out in Article 4, shall be formed by placing officials within each category in order of seniority.

2. The computation of the age within each category shall be carried out from the date of ascent or entry into the same.

3. The numerical composition of the different categories of the Diplomatic Career shall be fixed and amended as appropriate, on the order of the Minister for Foreign Affairs and Cooperation.

Article 6. New income officials.

The officials of new entry in the Diplomatic Race will do so in the category of Secretary of Embassy of the third class and by the order of approved in the respective selective process for entrance in the Diplomatic Race.

Article 7. Promotions within the category.

Officials of the Diplomatic Career, whatever their administrative situation, with the exception of the situation of suspension of duties when it is firm, will be in their category in the order in which appear on the scale.

Article 8. Promotion between categories.

With the exception of promotions to the category of Ambassador, vacancies occurring in other categories shall be covered annually by the Minister of Foreign Affairs and Cooperation, on a proposal from the Board of the Career Diplomatic, by an absolute majority of its members, by officials of the category immediately below, in active duty, special services, voluntary leave of absence due to family care or gender-based violence, which, without prejudice to the provisions of the following Articles, shall be taken into consideration according to the order in which they appear on the scale.

Article 9. Requirements for promotion to the categories of First Class Embassy Secretary and Counsellor of Embassy.

1. For promotion to the category of First Class Embassy Secretary, the proposed Diplomatic Career officers must have provided a year of effective service abroad.

2. For the promotion to the category of Counsellor of Embassy they must have provided three years of effective service abroad and, of them, at least one in a position C or C Special, as well as having exceeded the corresponding course of promotion to Councillors organized by the Diplomatic School.

Article 10. Requirements for promotion to the category of third-class Plenipotentiary Minister.

1. For promotion to the category of third-class Plenipotentiary Minister, the officials of the proposed Diplomatic Career must meet the following requirements:

a) To have provided at least five years of cash service abroad.

(b) Have occupied for at least two years a position of level 29 or 30 in the General Administration of the State, or have been the head of a Consulate General, the second head in a Diplomatic Mission or Representation Permanent or Consulate General.

c) Have passed the course of ascending the category of third-class Plenipotentiary Minister followed by the Diplomatic School.

2. No additional foreign service time shall be required from the time provided for in paragraph 1 for the promotion to the second or first class Plenipotentiary Minister.

Article 11. Minimum period of active service abroad.

Exceptionally, the Minister of Foreign Affairs and Cooperation, on a proposal from the Diplomatic Career Board, may exempt an official of the Diplomatic Career from the minimum periods of active duty in the foreign nationals established in the preceding articles for the purposes of promotion to a higher category where the official has provided his services or is required to continue to apply them to the General Administration, at the House of His Majesty the King, in the constitutional bodies, in the institutions of the European Union or in an international body.

Article 12. Officials in the situation of special services.

For the purposes of the above articles, the time that the officials of the Diplomatic Career remain in the situation of special services will be considered as an active service provided abroad when the functions or the corresponding charge have been exercised there.

Article 13. Promotion to the category of Ambassador.

Vacancies that occur in the category of Ambassador will be covered discretionally by royal decree of the Council of Ministers, on a proposal from the Minister of Foreign Affairs and Cooperation, among officials of the category of first class Plenipotentiary Minister, who is in active duty or special services and has held a Diplomatic Mission Head or other senior position in the General Administration of the State.

CHAPTER III

The provision of overseas jobs

Article 14. General rules.

1. The positions of the foreign working parties exclusively attached to the officials of the Diplomatic Career shall be provided by the free designation procedure, on the basis of a non-binding proposal of the Diplomatic Career Board.

The proposal of the Diplomatic Career Board for the provision of foreign jobs reserved for officials of the Diplomatic Career to be determined on the call will not be mandatory.

The provision of such posts shall apply to the other general rules and conditions for the provision of overseas jobs contained in this chapter.

2. Officials appointed in accordance with the preceding paragraph may be disallowed at any time, upon communication to the Diplomatic Career Board.

3. The posts referred to in this Article, in the month of October of each year, shall be classified by the Minister for Foreign Affairs and Cooperation, or the Board of the Diplomatic Career, in four classes, A, B, C and C Special, agreement with the objective circumstances of the same. Such circumstances shall include, inter alia, the political, social and economic situation of the country of destination, the conditions of health, the degree of danger, the remoteness and the difficulty of communicating with the national territory.

This classification may be amended at any time by the Minister of Foreign Affairs and Cooperation, or the Board of the Diplomatic Career, if the above circumstances undergo major changes. The amendments to the classification shall not affect the officials concerned at the time of the change.

Article 15. Periods of job performance abroad.

1. Without prejudice to the provisions of Article 14 (2), the periods of performance of the posts abroad shall be as follows:

(a) In class A positions, a minimum of three years and a maximum of five years.

b) In class B positions, a minimum of three years and a maximum of four years.

c) In class C positions, a minimum of two years and a maximum of three years.

d) In the positions of the Special Class C, a minimum of one year and a maximum of two.

2. The Minister for Foreign Affairs and Cooperation, at the request of the person concerned and the Board of the Diplomatic Career, may grant an extension of one year in the C and C Special posts.

3. Exceptionally, the Minister for Foreign Affairs and Cooperation, at the request of the person concerned, or the Board of the Diplomatic Career, and for duly substantiated reasons of a personal nature, may leave the minimum periods of remain in the posts abroad. The official who for that reason ceases to work shall be assigned to the central services of the Ministry of Foreign Affairs and Cooperation.

Article 16. Limits and conditions.

1. Officials of the Diplomatic Career occupying a position of Class C or Special C may not be bound for another position of the Special Class C or C.

2. Officials of the Diplomatic Career holding a post of Class A may not be assigned to another of the same class.

3. Officials of the Diplomatic Career will not be able to carry out two positions in the same foreign country consecutively.

4. Officials of the Diplomatic Career shall not be able to perform consecutive overseas positions for a period of more than nine years.

5. The officials of the Diplomatic Race may not be destined for Spain abroad, except for their first destination, without having provided services for a minimum of two consecutive years and immediately prior in Spain.

6. Officials entering the Diplomatic Career shall be assigned, in accordance with the needs of the service, to the central services of the Ministry of Foreign Affairs and Cooperation or abroad.

These officials will be posted abroad within the maximum period of four years from their entry, and will have to participate to this effect during that period in all the calls for the provision of jobs in the foreign.

7. Officials of the Diplomatic Career may not remain in active service in Spain for periods longer than eight years without being destined abroad, except in the case of an extension agreed by the Minister for Foreign Affairs and Cooperation, on its own initiative or at the request of the person concerned, shall be heard by the Diplomatic Career Board. The extension shall be for a maximum duration of two years.

Exceptionally, the Minister for Foreign Affairs and Cooperation shall, at the request of the person concerned or on his own initiative and hear the Diplomatic Career Board, agree to further extensions under the same conditions.

Article 17. Manifestation of the intention to participate in the procedure.

In the course of the month of January of each year, the officials of the Diplomatic Race who wish to be destined for another position abroad, provided that the minimum period of June 30 of the following month is fulfilled remain in the posts they occupy, as well as those who occupy the posts referred to in Article 24 and wish to participate in the call of the said year, they shall inform the Directorate-General of the Foreign Service of the Ministry of Foreign Affairs in writing. Foreign and Cooperation.

Article 18. Call.

1. Before 15 February each year, the Minister for Foreign Affairs and Cooperation, or the Board of the Diplomatic Career, shall initiate the procedure for the provision of foreign posts reserved for officials of the Career Diplomat.

2. The invitation to tender shall include the list of vacant posts abroad which, in accordance with the needs of the service, must be provided before the 30th of the following June, the classification of each of them to be refers to Article 14, the category to be carried out by officials of the Diplomatic Career, as well as the specific and specific allowances for each post.

3. In addition to being disclosed in accordance with the provisions of Royal Decree 364/1995 of 10 March, which approves the General Staff Regulations for the entry of staff to the service of the General Administration of the State and the provision of jobs and professional promotion of civil servants of the General Administration of the State, the Directorate-General of the Foreign Service of the Ministry of Foreign Affairs and Cooperation shall communicate the call to all Diplomatic Missions, Permanent representations, Consular Offices of Spain and the higher and higher organs Department officials for dissemination among the officials of the Diplomatic Career.

Article 19. Requests.

1. Officials of the Diplomatic Career who are required to cease their post for the next month of June the maximum period of their stay in June or for having completed the communication referred to in Article 17, as well as those who are temporarily destined for the central services of the Ministry of Foreign Affairs and Cooperation, having been found after 31 January of the preceding year in the situation referred to in Article 25, shall submit their Request for a new destination within the following deadlines of the year of the call:

a) Before March 8, if they belong to the category of Ambassador, First and Second Class Plenipotentiary Ministers.

b) Before 10 March if they belong to the categories of third-class plenipotentiary ministers and Councillors.

c) Before March 18 if they belong to the category of First Class Embassy Secretaries.

d) Before March 21 if they belong to the category of Second and 3rd Class Embassy Secretaries.

2. The application shall indicate, in order of preference, five places of work among those included in the call to which they wish to be assigned, specifying their merits in relation to the elements referred to in the following Article.

Within the five preferences you can also express your desire to remain or be destined for the central services of the Ministry of Foreign Affairs and Cooperation.

May include in the application two more positions than those for whose provision the Board of the Diplomatic Career proposal is not required.

3. Officials who indicate fewer than five jobs in their application and whose preferences are not addressed may be assigned to any other post, without the use of such destinations being considered to be compulsory.

4. Marriages and couples in fact constituted by officials of the Diplomatic Career and those officials of the Diplomatic Career who have children in common and apply for positions in the same locality, may link these requests, and may withdraw from his application to the posts assigned in the case of not obtaining the two officials the post requested in the same locality, except in the case of an assignment of destination on a compulsory basis.

In the event that such officials belong to different categories, the delivery of both requests may be made at the deadline set for the lower category.

Article 20. Elements to be evaluated in the procedure.

For the elaboration of the proposal for the provision of foreign jobs reserved for officials of the Diplomatic Career, the Board of the Diplomatic Career will take into account, in addition to the provisions of the Articles 16 and 19 of this Regulation, the following items of judgment as a whole:

a) The official's service sheet

(b) The special preparation of the official for the performance of the post in question.

c) The age in the service.

(d) The posts that the official has performed on a forced basis, as well as the performance of Special C posts.

e) The official language skills.

Article 21. Forced targets.

1. Except in the case referred to in Article 19 (3) of this Regulation, where an official who has participated in the procedure for the provision of foreign employment posts reserved for officials of the Career A diplomat is assigned to a post that has not applied for such a destination.

2. The forced character of his destination shall be recorded in the official's service sheet for the purposes of the provisions of paragraph d of the preceding article.

Article 22. Appointments.

With a deadline of April 20 each year, the Directorate General of the Foreign Service will publish the new destinations of the officials of the Diplomatic Race, which will take effect from June 30 of the same year, of which the calculation of the time limit shall be initiated.

Article 23. Special calls.

1. In order to provide the newly created jobs, those who have become vacant in the annual call and those remaining vacant between 15 February of one year and 15 February of the following year for death, retirement, leave of absence voluntary, pass on to special services, cease in accordance with Article 14 (2) of this Regulation, separation of service, appointment for any of the charges mentioned in the following article or cessation of causes exceptional cases referred to in Article 15 (3) of this Regulation, calls shall be made (a) special provisions for the provision of foreign employment posts reserved for officials of the diplomatic career in which the provisions of this Regulation are to be observed with the exception of time limits, where, for the purposes of the service, they must be provided prior to the annual call.

2. Officials who can participate in the general call for the procedure for the provision of foreign employment posts reserved for officials of the Diplomatic Career may also be able to do so in the special calls of the same year.

3. Until the resolution of the relevant calls is made, the posts referred to in the first paragraph may be covered, in the event of urgent and non-deferred need, in the form of a service or a service In accordance with the provisions of Royal Decree 364/1995 of 10 March 1995 by officials of the Diplomatic Career.

4. The performance of a post on a provisional basis by any of the procedures provided for in Royal Decree 364/1995, of March 10, will not be considered as a new destination, computing as a stay in the post of origin. However, if it is obtained in the appropriate call, final destination in the position of work performed provisionally, the service time provided in it shall be taken into account for the purposes of consolidation of the personal level corresponding to that post and for the purposes of calculating the periods of performance referred to in Article 15 of this Regulation.

Article 24. Officials excepted from the provisions of this Chapter.

1. Except in the case of voluntary participation in the procedures for the provision of work abroad, the officials of the Diplomatic Career who are in attendance shall be exempt from the provisions of this Chapter. special services, senior officials of the General Administration of the State, those at the service of the House of His Majesty the King and those who hold one of the following posts:

a) President of the Higher Council of Foreign Affairs.

b) Director of the Diplomatic School.

c) Chief Inspector General of Services.

d) Head of International Legal Counsel.

e) Head of the Cabinet of the Secretaries of State, Deputy Secretary and General Secretaries of the Ministry of Foreign Affairs and Cooperation and of the Presidents or Directors of the public bodies attached to it Department.

f) The managers of the AECID

2. The time which the officials of the Diplomatic Career remain in the posts or situations referred to in the preceding paragraph shall be counted, if so requested by the person concerned within the time limit laid down in Article 17, as if they had been performed in Spain or abroad, according to the place where the duties or the corresponding duties have been exercised, for the purposes of Article 16.

Article 25. Provisional attachment.

Officials of the Diplomatic Career who, after 31 January of each year, will cease in their post and are not appointed to carry out another, will be provisionally attached to a post in the central services of the Ministry of Foreign Affairs and Cooperation, having to participate, provided they meet the required requirements, in the first call for the provision of reserved jobs to officials of the Diplomatic Career who are convoke.

CHAPTER IV

The Diplomatic Career Board

Article 26. Nature, integration and functions.

The Board of the Diplomatic Career, administratively integrated in the Secretariat of the Department, is the collegiate advisory body of the Minister and of the Undersecretary of the Ministry of Foreign Affairs and Cooperation in the field of promotions and the provision of overseas jobs covered by this Regulation.

The Board, in addition to the functions attributed to it in Articles 8, 9, 10, 14, 15, 16, 18, 19 and 20 of this Regulation, shall advise the Minister or, where appropriate, the Assistant Secretary on how many questions relating to the Career Diplomats consider relevant and those subject to consultation by the Minister or the Deputy Secretary.

Article 27. Composition

The Diplomatic Career Board will be composed of the following members:

(a) The Assistant Secretary for Foreign Affairs and Cooperation, who will chair him.

(b) The Director-General of the Foreign Service of the Ministry of Foreign Affairs and Cooperation, who may act as President by delegation of the Undersecretary.

c) The Services Inspector General.

d) The Subdirector General of Personnel.

e) A representative for the category of Ambassador; a representative for each of the categories of Minister Plenipotentiary of First and Second Class; two representatives for the categories of Minister Plenipotentiary of the Third and of Embassy Directors; two representatives for each of the other categories of Secretary of the Embassy, who meet the following conditions: to be elected by the officials of their categories and to be assigned to the Ministry of External and Cooperation or public bodies attached to it.

f) Deputy Director General of Staff, who will act as Secretary, with voice, but no vote.

The Directors-General and the Technical Secretary-General of the Ministry of Foreign Affairs and Cooperation will be called to the meetings of the Board in which they will have a voice, but I do not vote, except those of those who depend functionally the position of which the provision is concerned.

Article 28. Election of the representatives of the categories.

1. Vowels representing the categories of the Diplomatic Career shall be chosen by the active diplomatic officials of the respective category.

Diplomatic Career officials who perform any of the positions listed in Article 24 or are in a special service situation are ineligible.

2. In the first 20 days of the month of December preceding the year in which elections are to be held, the Directorate-General of the Foreign Service shall forward to all officials of the Diplomatic Career the relationship of officials assigned to them. central services of the Ministry of Foreign Affairs and Cooperation or public bodies attached to it.

In the course of the month of January of the following year, the officials of the Diplomatic Career will refer to the Directorate General of the Foreign Service, by the way it is established, its vote that will be secret.

Officials of the Diplomatic Career with the category of Ambassador, Minister Plenipotentiary of First or Second Class or Secretary of Embassy of second or third class shall elect a representative and two alternates by category. Those with the status of third-class Plenipotentiary Minister, Embassy Counsellor or First Class Secretary of Embassy shall elect two representatives and two alternates for each of them. So many votes will be cast as posts to be filled, with no distinction between vowels and alternates. The choice of voice or alternate shall be made according to the number of votes obtained by each candidate.

Officials in the Diplomatic Career will only be able to vote in favor of officials in their category.

Immediately after the vote is received, the Board of the Diplomatic Race will proceed to the recount, proclaiming the elect of those who obtain the highest number of votes and, in the event of a tie, those who have the greatest number of votes. age in the category. All officials of the Diplomatic Career may attend the vote count.

3. The term of office of the representatives of the categories shall be two years. The promotion to a higher category will mean that the Board's voice will be stopped. In this case and in the case of resignation or cessation of work in the central departments of the Ministry of Foreign Affairs and Cooperation or of the public bodies attached to it, the members shall be replaced by their alternates until the end of the their command.

4. In the event of resignation or termination of his post in the central departments of the Ministry of Foreign Affairs and Cooperation or of the public bodies attached to the Ministry of Foreign Affairs and Cooperation of all the representatives and alternates of a category, or of most of the The Board of the Diplomatic Career may call for elections to fill the vacant posts until the end of the term of office, in which case the time limits provided for in the second paragraph of this Article shall not apply. The Board of the Diplomatic Career, however, may decide the total renewal of the representatives of the categories.

Article 29. Functioning of the Diplomatic Career Board.

1. The Board of Directors of the Diplomatic Career shall be governed, in respect of its operation, by the provisions of this Regulation and, as not provided for in these provisions, by the precepts collected for the bodies of the College in Title II of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The Board of the Diplomatic Career shall meet on the first Monday of the month of February of the year in which elections are held, for the purposes of Article 28; in the months of March and April, to carry out the proposal for the provision of posts on the outside of officials of the Diplomatic Career, and in the month of October, for the classification of posts referred to in Article 14 (3

.

It shall also meet whenever necessary for the fulfilment of the other functions entrusted to it in this Regulation, and when the President calls it, on his own initiative or five of his/her vowels.

3. The Board of the Diplomatic Career may not be constituted without the presence of its Chairman or alternate, the Secretary or his replacement, and ten of his/her vowels.

4. Agreements shall be taken by a simple majority, except as provided for in Article 8 of this Regulation. The President would vote on the draws.

5. Members of the Diplomatic Career Board will not be able to participate in the elaboration of proposals on matters that affect them personally and directly.

CHAPTER V

The provision of free designation posts in the central services of the Ministry of Foreign Affairs and Cooperation

Article 30. General call.

1. Before 1 May of each year, the Minister for Foreign Affairs and Cooperation shall hold a public call to cover the posts of free designation reserved for officials of the Diplomatic Career vacant in the services The Ministry of Foreign Affairs and Cooperation. The coverage of how many other posts in the department's central services are deemed necessary or appropriate will also be called.

This deadline will not prevent the positions from being called through the free designation procedure that are deemed necessary during the rest of the year.

2. The call, in addition to the description of the vacant posts and the requirements for their performance, shall specify the elements to be assessed in the candidates.

3. In addition to being disclosed in accordance with the provisions of Royal Decree 364/1995 of 10 March, the Directorate General of the Foreign Office of the Ministry of Foreign Affairs and Cooperation shall communicate the call to all Diplomatic Missions, Permanent representations, Consular Offices of Spain and the senior organs and directors of the Department for dissemination among the officials of the Diplomatic Career, and will seek their individual communication to all of them.

Article 31. Requests.

Applications, with the expression, in order of preference, of the jobs that the data subject intends to perform, shall be addressed to the convening body within 15 working days of the publication of the call.

Article 32. Reports.

The appointments shall require the prior report, issued within 15 calendar days, of the holders of the units to which the posts to be covered are attached, in which the merits of the candidates.

Article 33. Working Group.

The Under-Secretary for Foreign Affairs and Cooperation, in order to properly assess the suitability of the applications submitted, may seek the non-binding advice of a working group, which may form part of the senior officials and other senior management staff of the Department, as well as three members of the Diplomatic Career Board representing the categories of Ministers, Councillors and Secretaries.

Article 34. Appointments.

The appointments shall be made within the time limit and in the manner provided for in the provisions of the General Administration of the State.

Article 35. Special calls.

Once the general call to cover the posts of free designation reserved for the officials of the Diplomatic Career in the central services of the Ministry of Foreign Affairs and Cooperation, the posts of this nature which remain vacant may be provided by special calls in accordance with the procedure laid down in this Chapter. The coverage of how many other posts in the department's central services may be deemed necessary or appropriate may also be called.

CHAPTER VI

From the Heads of Diplomatic Mission

Article 36. From the Heads of Diplomatic Mission.

Without prejudice to the fact that the Government in the exercise of its discretion may appoint ambassadors to persons not belonging to the Diplomatic Career, when the designation is to occur between officials of such a career, the Minister for Foreign Affairs and Cooperation may count, in order to raise the proposal to the Council of Ministers, with the assistance of the Under-Secretary for Foreign Affairs and Cooperation, in his capacity as chief of staff and of the Carrera Diplomat, who will seek the opinion of the Secretaries of State of the Department and the Director of Cabinet of the Minister.

Article 37. Classification of Diplomatic Missions and Permanent Representations.

1. For the purpose of appointing officials of the Diplomatic Career of Extraordinary and Plenipotentiary Ambassadors, Ambassadors Permanent Representatives and Charters of Business with Cabinet Letters, Diplomatic Missions and Permanent representations are classified, in consideration of the quantitative and qualitative importance of bilateral relations, in groups I, II and III.

2. The classification shall be the responsibility of the Minister for Foreign Affairs and Cooperation, who shall have the assistance provided for in the previous Article and may be amended if changes in international relations so advise.

3. The permanent diplomatic missions and representations of Group III shall not exceed 25% of the total.

Article 38. Call.

Before 15 October of each year, the Minister of Foreign Affairs and Cooperation shall announce the list of Mission Headquarters to be covered in the following year subject to the procedure laid down in this Agreement. chapter.

At any time, the list may be discretionally modified by the Minister of Foreign Affairs and Cooperation, in order to exclude one or more Mission Headquarters from the procedure.

Article 39. Requests.

Before 30 October of each year, the officials of the Diplomatic Career who meet the requirements expressed in the following article may submit their application, in order of preference, for that or those of the Heads of Mission included in the call referred to in the previous article and for whom it considers gathering professional competence for its performance.

Article 40. Candidate requirements.

1. To be able to apply, the officials of the Diplomatic Career must meet the following requirements:

a) Diplomatic Missions and Permanent Representations of Group I:

1. º Have at least the category of 3rd class Plenipotentiary Minister.

2. º Haber previously held a Head of Mission.

b) Diplomatic Missions and Permanent Representations of Group II:

1. º Have at least the category of 3rd class Plenipotentiary Minister.

2. º Haber held for at least three years a managerial position in the Public Administrations, in the House of his Majesty the King, in the constitutional bodies, in the European Union or in an international organization.

3. º Haber held for at least three years a Second Head of Mission or a post of Consul General.

c) Diplomatic Missions and Permanent Representations of Group III:

1. º Have at least the Embassy Counselor category.

2. º Be at least twenty years old in the diplomatic career.

3. To have served for at least two years a managerial position in the Public Administrations, in the House of his Majesty the King, in the constitutional bodies, in the European Union or in an international organization.

4. º Haber held for at least two years a Second Chief of Mission or a post of Consul General.

2. The officials of the Diplomatic Career who have held a senior position in the General Administration of the State shall be exempt from the requirements set out in points (a), (b) and (c) of the previous paragraph except for holding the required category.

Article 41. Items to be valued.

1. In order to assess the candidates, the criteria for professional competence and experience and, in particular, the following shall be taken into account in the light of the position of the candidates:

a) Previous performance of positions with functions of political and economic analysis.

b) Team address capacity.

c) Knowledge of the local language.

d) Negotiating, dialog, and relationship capabilities.

e) Previous experience of the area where the position is applied for.

f) Experience in budgetary and staffing management.

g) Experience in crisis management.

h) Consular experience.

i) Experience in managing and controlling cooperation programs.

j) Experience in cultural management.

2. No account shall be taken of the requests of the officials of the Diplomatic Career for a third mission head office in a row.

3. The Under-Secretary for Foreign Affairs and Cooperation shall, after examining the requests submitted and heard by the Secretaries of State of the Department and the Director of the Minister's Office, convene the candidates he deems necessary for the conduct of a personal interview in order to better assess the elements referred to in paragraph 1.

Article 42. Presentation of a list of candidates.

Before 31 December each year, the Under-Secretary for Foreign Affairs and Cooperation, in his capacity as Chief of Staff and Diplomatic Career, will raise the Minister of Foreign Affairs and Cooperation, without a binding, a list of candidates, in order of preference, to occupy the Mission Headquarters that is intended to be covered according to the procedure regulated in this chapter.

Article 43. Mission Headquarters that are vacant.

Unless otherwise decided by the Minister for Foreign Affairs and Cooperation, they shall be covered by the procedure laid down in this Chapter, with the exception of the time limits, the Heads of Mission of New Creation and those who have left vacant by death, retirement or cessation of the former Head of Mission and who must be covered by the needs of the service.

Article 44. Inauguration and cessation of the Heads of Mission.

Without prejudice to what, in exercise of their discretion, the competent authority to carry out the designation resolves, the Heads of Mission appointed through the procedure laid down in this Chapter shall take possession of their In the month preceding the month of August each year, they shall cease in the month preceding the month in which they have been four years since their inauguration in the diplomatic missions and permanent representations of groups I and II, and in the month prior to the one in which they are three years old in Group III.

CHAPTER VII

The training of Diplomatic Career officials

Article 45. General rules.

The Ministry of Foreign Affairs and Cooperation will promote the continuing training of the officials of the Diplomatic Career for the improvement and updating of their knowledge.

Article 46. Training of diplomatic career officials destined for abroad.

Diplomatic Career Officers who are destined abroad will hold specific courses, organized by the Diplomatic School, according to the characteristics of the job they are going to perform, for the perfecting and specialization of their knowledge.

Article 47. Continuous training of the officials of the Diplomatic Career

Without prejudice to the above article, the officials of the Diplomatic Career will periodically conduct specialization courses in the areas of their competence, in particular in the field of external relations, diplomatic, consular and cooperation.

These courses will combine theoretical and practical sessions and study visits, and will be developed in accordance with a timetable that will enable them to be monitored without prejudice to the needs of the service.

Article 48. Census courses to the categories Counsellor and Minister Plenipotentiary of the third class.

The Diplomatic School, in collaboration with other units of the Ministry of Foreign Affairs and Cooperation, will organize all the years corresponding courses of promotion to the category of Counsellor and Minister Third-class plenipotentiary intended for officials of the Diplomatic Career with the category of Secretary and Counsellor respectively. In these courses, special importance will be given to those subjects that contribute to the training for the performance of mission heads.

In case of not exceeding any of these courses the official will be empowered to repeat it once more.

Additional disposition first. Officials of the Diplomatic Career seconded to the European External Action Service.

1. For all the purposes provided for in this Regulation, the posts of Head of Delegation and Special Representative of the European Union held by officials of the Diplomatic Career shall be equal to the Heads of Mission of the Ministry of Foreign Affairs Foreign and Cooperation.

2. For all the purposes provided for in this Regulation, the management posts in the European External Action Service performed by officials of the Diplomatic Career shall be equal to the managerial posts in the Ministry of Foreign Affairs and Cooperation.

Additional provision second. Uniform.

By order of the Minister of Foreign Affairs and Cooperation the characteristics and conditions of use of the uniform of the Diplomatic Race will be regulated.

Additional provision third. No increase in public spending.

The measures included in this Regulation do not imply an increase in appropriations, remuneration, or other personnel costs, and in general they will not be able to increase public expenditure in any way.

First transient disposition. Transitional procedure for the procedure of promotion to the category of Counsellor of Embassy and Minister Plenipotentiary of the third class.

Until a period of five years after the entry into force of this Regulation, it will not be required, for the promotion to the categories of Counsellor and Minister Plenipotentiary of the third class, the overcoming of the selective course provided for in Article 9 (2) and in Article 10 (1) (c) of this Regulation respectively.

Second transient disposition. Transitional arrangements for the submission of applications for a Head of Mission.

Until a period of five years after the entry into force of this Regulation, no applications will be required to fill a Mission Head of Groups II and III to meet the requirements of this Regulation. provided for in points (b) and (c) of Article 40 (1), other than that of holding the necessary category.