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, March 25, the action and the foreign service of the State, has been passed, as expressly designates its first article, in order to regulate the external State action, listing their guiding principles, identify the subjects and areas of it, establish instruments for planning, monitoring and coordination and ordering the foreign service of the State to ensure the coordination and consistency of the set of actions that constitute it and its subject to the guidelines, aims and objectives of foreign policy. In its title III, law effected a delimitation of the foreign State service, composed of organs, administrative units, institutions and the human resources and materials of the General Administration of the State acting abroad, with special reference to staff the foreign service of the State, whose components include officials of the diplomatic career with political, diplomatic and consular functions conferred exclusively.

A legislative innovation of so much significance should undertake a clarification and unification of some aspects of these staff regulations, strongly conditioned by his regime of forced mobility outside of Spain, and, in particular, of the existing regulations on promotion and provision of jobs. As a consequence, this regulation repeals expressly, among other provisions, the Decree of 15 July 1955, which approves the organic regulation of the diplomatic career, which was practically not applicable, as well as the Royal Decree 674/1993, of 7 may, on provision of jobs abroad and promotion of diplomatic officials. It is also convenient, in development of the provisions contained in article 14 and paragraph 8 of article 54 of the law 7/2007, of 12 April, of the Basic Statute of the public employee, regular key aspects of the training of diplomats, strongly influenced by the performance of jobs abroad.

Although the nature of this Regulation determines that its content is indeed heterogeneous, has sought not to reiterate what is already covered in the provisions governing the public function of the General Administration of the State. Therefore the full regulation of the legal regime of diplomatic officials must necessarily be the result of the integration of these provisions and of this regulation.

Begins the regulation with some brief provisions General, and, subsequently, deals with the regime of ascents in the career diplomatic, career structured in different categories in accordance with it established in the Convention on relations diplomatic of 18 of April of 1961. In this regard, outlined the requirements for promotion to the respective categories, with special reference to the ascent to the Counselor of Embassy and Minister Plenipotentiary of third class, where a whole series of new requirements are introduced since, in addition to the seniority and performance of jobs abroad provided above as a general rule , are required to have passed a course specific to rise, this completely new requirement and which aims to reinforce the expertise of the members of these categories with a view to an eventual designation as Chief of mission. Intends thereby to ensure that officials who have sufficient experience and training access objectively top positions from the ranks of the diplomatic career.

In this area, the regulation regulates in a particular way the promotion to the rank of Ambassador, which corresponds a discretionary basis to the Council of Ministers on a proposal from the Minister for Foreign Affairs and cooperation, reserved, in General, to those members of the career diplomat who, having the Minister Plenipotentiary of the first class category, are active and have played a head of diplomatic mission or another senior official at the General Administration of the State.

In what refers to the provision of overseas jobs reserved officials of the diplomatic career, whose specificity is provided in (b)), from the first paragraph, item 1, of Royal Decree 364/1995, of 10 March, which approves the general regulation of entry of the staff at the service of the General Administration of the State and provision of jobs and promotion of civil servants of the General Administration of the State, the regulation in detail regulates the procedure, with special reference to requirements of candidates, as well as the elements in them. You want to advance in the determination of the requirements of suitability of candidates for specific positions in an objective manner recognizing the effort, dedication and merits of diplomats.

Along with the regulation of the general call for the provision of jobs abroad reserved officials of the diplomatic career that will take place every year before 15 February, the regulation lays down the possibility of making calls for the provision of those jobs vacancies abroad, by service needs they should be covered before the general call, therefore elaborating on the transparency and predictability of the entire system.

The regulation regulates the Board of the diplomatic career, College advisor to Deputy Minister and the Minister of Foreign Affairs and cooperation on diplomatic issues, and, in particular, respecting the promotion and provision of jobs abroad, areas in which the Board has an important Faculty of proposed decisions which correspond to the Minister. Therefore maintaining this important advisory body that has demonstrated its fundamental importance over the past three decades and on which rests to a large extent most of the provisions of this regulation.

Thus, as in Royal Decree 674/1993, of 7 may, on provision of jobs abroad and promotion of diplomatic officials, this regulation guarantees the intervention in the Board of the diplomatic career of representatives elected by and among the staff members of the various categories, ensuring that the interests and aspirations of all of them are properly represented.

Is dedicated a chapter in this regulation to the regulation of the procedure of provision of positions of work of free designation in those services Central of the Ministry of affairs foreign and of cooperation. The regulation is adjusts, basically, to it established in the Statute basic of the employee public and in the provisions regulatory of the function public of the Administration General of the State on the free designation. A general call for annual celebration, is expected to fill the posts that are vacant as a result of the resolution of the procedure of provision of jobs abroad. Also, the regulation establishes, as specialty, the possibility of constitute groups of work in order rating properly the merits of them officials that participate in this procedure. With this is aims to improve the procedures existing currently, facilitating to them officials diplomatic advance in their specialization, also through your performance professional in them Services Central.

Chapter VI of the regulation, concerning the appointment of the heads of diplomatic mission, develops the provisions of article 44.4 of the law of action and service outside of the State, which States that ambassadors extraordinary and Plenipotentiary, the ambassadors permanent representatives and business managers with cards of cabinet shall be appointed among officials of the diplomatic career in the form determined by regulation , notwithstanding that the Government, in the exercise of its discretion, can appoint ambassadors to persons not belonging to the diplomatic career.

To this end, the regulation provides for intervention by a working group chaired by the Undersecretary of Foreign Affairs and cooperation, in his capacity as Chief of the career diplomat who shall submit to the Minister of Foreign Affairs and cooperation, without binding, a triplet of diplomats to deal with mission headquarters expected to be covered through this procedure. The requirements to be met by the candidates on the basis of the group which is rated each diplomatic mission or permanent representation, as well as the criteria of professional competence and experience are regulated in detail in those. It is to achieve a greater professionalization of the heads of mission, providing its designation of publicity, transparency and predictability, in line with the practice of other external services of our environment, but without reducing, in any case, the discretionary power of the Government.


Finally, the regulation deals with the formation of diplomatic officials, differentiating the specific training that are destined to a position abroad, and training that corresponds and is payable to all its components. In this context, a particular reference to the diplomatic school is made as what Spanish Center of training of these officials must be adapted to the new realities of the international community in constant mutation, to changes in the forms and methods of communication so that they are able to meet the needs and expectations of society can only be achieved through updating knowledge and management techniques. This training is corresponding reflected in the system of promotions.

By virtue, on the proposal of the Minister of finance and public administration and the Minister of Foreign Affairs and cooperation, according to the Council of State and after deliberation by the Council of Ministers at its meeting on July 25, 2014, available: single article. Adoption of the rules of procedure of the diplomatic career.

Approves the regulation of the diplomatic career, the text of which is included below.

Sole repeal provision. Repeal legislation.

1. are repealed all them standards of equal or lower range in which contradict or is opposed to it willing in this Royal Decree.

(2. in particular, are expressly repealed the following provisions: to) the Real Decree 674 / 1993, of 7 of mayo, on provision of positions of work in the foreign and promotions of them officials of the career diplomatic.

b) the Royal Decree 571/1982, of 17 March, which regulates the system of admission to the diplomatic career.

(c) the Decree of 15 of July 1955, by which it approves the regulation organic of the career diplomatic.

(3. after the entry in force of this real Decree, will keep its force it following available: to) it order of 3 of October 1997, by which is set standards on uniform of the career diplomatic.

Available end first. Modification of the Real Decree 1475 / 1987, of 27 of November, by which it reorganizes the school diplomatic.

Modifies paragraph one of article 2 of the Royal Decree 1475 / 1987, of 27 November, which reorganizes the diplomatic school, which is drawn up in the following way: "one. The diplomatic school is the training center specializing in international relations, under the Ministry of Foreign Affairs and cooperation which has, among others, the following functions: 1 vocational training through a selective course of officials in practices that have overcome opposition from entry to the diplomatic career.

2. continuous training of members of the diplomatic career through refresher courses and educational activities in areas of interest.

3rd upgrade of diplomatic staff courses.

4th the specialization courses for positions abroad and those relating to training for entry into the European external action service.

5th specialized teaching languages.

6 carrying out of other courses and academic activities of interest in the area of external relations."

Available to finish second. Enabling legislation.

The Minister of Foreign Affairs and cooperation is authorized to issue the necessary provisions for the development and execution of the present Royal Decree.

Third final provision. Entry in force.

This Royal Decree shall enter into force on the twentieth day of its publication in the «Official Gazette».

Given in Madrid, on July 25, 2014.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ of SANTAMARIA ANTON regulation of the career diplomatic chapter I provisions general article 1. The object of the regulation.

1. this regulation aims to regulate the system of admission, promotion, provision of jobs and training for officials of the diplomatic career.

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

Article 2. Diplomatic officials.

Officials of the diplomatic career, which are subjected to a regime of compulsory mobility outside Spain, constitute the body of the General Administration of the State, attached to the Ministry of Foreign Affairs and cooperation, which by its specific preparation are assigned the functions of political, diplomatic and consular, pursuant to international agreements in force , by what posts that have assigned those functions are assigned exclusively to such officials.

Article 3. Entry in the body of officials of the diplomatic career.

Admission to the body of officials of the diplomatic career will be in opposition, in accordance with the offer of public employment and the corresponding call published in the «Official Gazette».

Article 4. Categories.

1 the diplomatic career categories are the following: Ambassador.

Minister Plenipotentiary first class.

Minister Plenipotentiary second class.

Minister Plenipotentiary of third class.

Embassy counselor.

Secretary of Embassy of first class.

Secretary of Embassy of second class.

Secretary of Embassy of third class.

2. the Under-Secretary for Foreign Affairs and cooperation, in his capacity as head of the diplomatic career, will during the performance of his office category and honours of Ambassador.

Chapter II promotion in the diplomatic career article 5. Ladder.

1. the ladder of diplomatic officers, consisting of the categories set out in article 4, is formed by placing officials within each category in order of seniority.

2. the computation of seniority within each category shall be made from the date of promotion or entry therein.

3. the numerical composition of the different categories of diplomatic shall be fixed and amended if necessary, by order of the Minister of Foreign Affairs and cooperation.

Article 6. Officials of new income.

Officials will again entering the diplomatic career Secretary of Embassy of third-class category and by order approved in the respective selection process for entry into the diplomatic career.

Article 7. Promotions within the category.

Officials of diplomatic, either that their administrative situation, with the exception of the situation of suspension of functions when this outside firm, will amount in its category by the order in which appear on the ladder.

Article 8. Ascent between categories.

With the exception of promotions to the rank of Ambassador, vacancies that occur in the other categories will be covered annually by order of the Minister of Foreign Affairs and cooperation, on the proposal of the Board of the diplomatic career, by an absolute majority of its members, by officials of the category immediately below, in a situation of active service, special services , unpaid leave to care for family members or leave of absence by gender-based violence, which, without prejudice to the provisions of the following articles, will be taken into consideration in the order in which appear on the ladder.

Article 9. Requirements for promotion to the categories of first-class Secretary of Embassy and Embassy counselor.

1. for the ascent to the status of Embassy Secretary of first class, proposed diplomatic officials should have lent a year in a situation of effective service abroad.

2. to rise to the level of Embassy counselor should you have paid three years of effective foreign service and, of them, at least one in a post or C special as well have passed the corresponding course for promotion to advisors organized by the diplomatic school.

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

(1. for the ascent to the category of Minister Plenipotentiary of third class them officials of the career diplomatic proposed must meet them following requirements: to) have lent at least five years in situation of service effective in the foreign.

(b) having been a level 29 or 30 post for at least two years in the General Administration of the State, or have played the head of a Consulate-General, the Counsellor at the permanent representation, a diplomatic mission or Consulate-General.

(c) have passed the course of ascensoa the category of Minister Plenipotentiary of third class followed the diplomatic school.

2. not be required service time abroad additional to that provided in paragraph 1 for the promotion to Minister Plenipotentiary second or first class.

Article 11. Minimum period of active service abroad.


Exceptionally, the Minister of Foreign Affairs and cooperation, on the proposal of the Board of the diplomatic career, may exempt an officer of the diplomatic career of minimum periods of active service abroad established in the preceding articles for the purpose of promotion to a higher category when the officer has served or should continue to provide them in public administrations , at the home of his Majesty the King, in the constitutional bodies, the institutions of the European Union or an international body.

Article 12. Officials in special services.

For the purposes of the provisions of the preceding articles, while diplomatic officials to remain in the situation of special services shall be deemed as from active service rendered abroad when there functions will have exercised or held the corresponding position.

Article 13. Promotion to the rank of Ambassador.

The vacancies that occur in the rank of Ambassador will be covered at its discretion by Royal Decree of the Council of Ministers, on a proposal from the Minister of Foreign Affairs and cooperation, between the staff of Minister Plenipotentiary first class, which are in a situation of active duty or special services and have played a head of diplomatic mission or another senior official at the General Administration of the State.

Chapter III the provision of jobs abroad article 14. General rules.

1 jobs overseas affiliated exclusively diplomatic officials will be provided by the procedure of appointees, prior non-binding proposal to the Board of the diplomatic career.

Not will be mandatory it proposed of it Board of it career diplomatic for the provision of them posts of work in the foreign reserved to them officials of the career diplomatic that is determined in the call.

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

2. officials appointed under the preceding paragraph may be dismissed discretionarily anytime, prior notification to the Board of the diplomatic career.

3. the jobs referred to in this article, in the month of October of each year, shall be classified by the Minister for Foreign Affairs and cooperation, heard the Board of career diplomat, in four classes, A, B, and C special, according to circumstances objective thereof. Such circumstances will be, among others, the political, social and economic situation of the country of destination, the conditions of health, the eventual degree of endangerment, the remoteness and the difficulty of communication with the national territory.

This classification may be amended at any time by the Minister of Foreign Affairs and cooperation, heard the Board of the diplomatic career, if the above-mentioned circumstances experience significant changes. The changes in classification will not affect officials that the corresponding positions in the time of the change.

Article 15. Periods of performance of jobs abroad.

1 without prejudice to the provisions of the second paragraph of article 14, the periods of performance of jobs abroad are as follows: to) in positions of class A, a minimum of three years and maximum of five.

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

(c) in the jobs of class C, a minimum of two years and a maximum of three.

(d) in class C special, a minimum of one year and a maximum of two positions.

2. in them posts C and C special the Minister of affairs foreign and of cooperation, to request of the interested and heard it Board of it career diplomatic, may grant an extension of a year.

3. exceptionally, the Minister of affairs foreign and of cooperation, to request of the interested, heard the Board of the career diplomatic, and by causes duly justified of character personal, may leave without effect them periods minimum of permanence in them positions in the foreign. Official who by this cause ceases at your workplace will be destined to the central services of the Ministry of Foreign Affairs and cooperation.

Article 16. Limits and conditions.

1. the officials of the career diplomatic that occupy a since of it class C or C special not may be destined with character forced to another since of the class C or C special.

2. the officials of the career diplomatic that occupy a since of it class to not may be destined to another of the same class.

3. the officials of the diplomatic career may not play consecutively two posts in the same foreign country.

4. officials of the diplomatic career not may play consecutively jobs abroad for a period of more than nine years.

5. officials of the diplomatic career may not be intended of Spain abroad, except for its first destination, without having served for a minimum of two consecutive years immediately preceding in Spain.

6. officials entering the diplomatic career will be allocated, in accordance with the needs of the service, to the headquarters of the Ministry of Foreign Affairs and cooperation, or abroad.

Such officials will go abroad within a maximum period of four years from your income, and must participate to this effect during this period all calls for provision of jobs abroad.

7. officials of the diplomatic career may not remain in active service in Spain for periods exceeding eight years without being destined for abroad, except in case of extension granted by the Minister of Foreign Affairs and cooperation, of its own motion or at the request of the interested party, heard the Board of the diplomatic career. Extension it will have a maximum duration of two years.

Exceptionally, the Minister of affairs foreign and of cooperation, to instance of the interested or of trade and heard the Board of the career diplomatic, may agree further extensions in the same conditions.

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

In the course of the month of January of each year, diplomatic officials who wishing to be earmarked for another overseas, provided that have fulfilled the 30th of the following month of June the minimum period of stay in the jobs that occupy, as well as that in the positions indicated in article 24 and wish to participate in the call for this year They shall communicate in writing to the direction General of the service outside of the Ministry of Foreign Affairs and cooperation.

Article 18. Call.

1. by 15 February of each year, the Minister of Foreign Affairs and cooperation, heard the Board of the diplomatic career, will start the procedure for the provision of overseas jobs reserved for diplomatic officials.

2. in the call will have the ratio of vacant work positions abroad which, according to the needs of the service, need to be provided before the 30th of the following month of June, the classification of each one of them referred to in article 14, the category to perform them diplomatic officials to be as well as the destination and each position-specific plug-ins.

3. in addition to disclose in accordance with what is established in Royal Decree 364/1995, of 10 March, which approves the General regulations concerning income of staff in the service of the General Administration of the State and provision of jobs and promotion of civil servants of the General Administration of the State, the direction General of the service outside of the Ministry of Foreign Affairs and cooperation shall communicate the call to all missions Diplomatic, permanent representations, consulates of Spain and to the superior and executive organs of the Department for distribution among diplomatic officials.

Article 19. Applications.

1. the diplomatic officials who must stop his post by meet the 30th of the following month of June the maximum period of stay in the same or have completed the communication referred to in article 17, as well as those who are temporarily used in the central services of the Ministry of Foreign Affairs and cooperation (, by having met subsequent to January 31 of the previous year in the situation referred to in article 25, shall submit its request new destination within the following periods of the year of the call: to) before March 8 if belong to the rank of Ambassador, Plenipotentiary Ministers of first and second class.

(b) prior to March 10, if the categories of Ministers Plenipotentiary of third class and advisors.

(c) within March 18 if you belong to the category of Embassy Secretaries in first class.

(d) within March 21 if belong to the category of Embassy Secretaries of second and third class.


2. in the request indicate, in order of preference, five jobs among those included in the call to those wishing to be used, specifying its merits in relation to the elements them referred to in the following article.

Within the five preferences can also express their desire to remain or to be earmarked for the central services of the Ministry of Foreign Affairs and cooperation.

They may include the proposal of the Board of the diplomatic request two seats more than among those for which provision is not mandatory.

3. officials that indicated less than five jobs on your request and whose preferences were not addressed will be earmarked for any other position, these destinations without having consideration of forced.

4 marriages and couples in fact constituted by officials of diplomatic and officials of the diplomatic career that have children in common and applying for jobs in the same town, can link these requests, and may withdraw his request to the assigned positions in the case of not getting the two officials the position applied for in the same locality except that whether a target allocation with forced character.

In the event that such officials belong to different categories, the delivery of both requests can be made on the date set for the lower category.

Article 20. Elements in the procedure.

For the elaboration of the proposal for provision of jobs reserved foreign diplomatic officials, the Board of diplomatic will take into account, in addition to the provisions of articles 16 and 19 of this regulation, the following trial evaluated as a whole: a) the service record of the official b) the special preparation of the official for the performance of the job in question.

(c) the seniority in the service.

(d) the jobs that official has played on a forced basis, as well as the performance of jobs special C.

(e) knowledge of the official languages.

Article 21. Forced destinies.

1. except in the case laid down in paragraph 3 of article 19 of this regulation, when an official who has been involved in the procedure of provision of jobs abroad reserved diplomatic officials is destined to a position that has not requested that destination will be considered forced.

2. the forced nature of its destination shall be recorded on the service record of the officer for the purposes of the provisions of subparagraph (d) of the preceding article.

Article 22. Appointments.

With deadline of April 20 of each year, the Directorate-General of the foreign service will publish the new destinations of the officials of the diplomatic career, which will take effect from June 30 of the same year, date from which starts the computation of the statutory termination period.

Article 23. Special announcements.

1. to provide the jobs of new creation, the remaining vacancies in the annual call for proposals and left vacancies between February 15, year and February 15 of the following year by death, retirement, voluntary leave, go to situation of special services, cessation in accordance with paragraph 2 of article 14 of this regulation , separation of the service, appointment for any of them charges mentioned in the article following or cessation by causes exceptional to is concerns the paragraph 3 of the article 15 of this regulation, is carried out calls special of provision of positions of work in the foreign reserved to them officials of the career diplomatic in which is observed it willing in this regulation with exception of them deadlines , when by needs of the service must be provided before the call annual.

2. officials who may participate in the general call of the procedure of provision of jobs abroad reserved diplomatic officials may also do so in special requests of the same year.

3. until there is resolution of the corresponding announcements, jobs that referred to first may be covered, in case of urgent and urgent need, on secondment or assignment provisional in accordance with what is established in Royal Decree 364/1995, of 10 March, by diplomatic officials.

4. the performance of a post on a provisional basis for any of the procedures in the Royal Decree 364/1995, of 10 March, shall not be considered as a new destination, computing as of tenure of origin. However, if it got in the timely call, final destination at the workplace played tentatively, the service provided at the time will be taken into account for the purpose of consolidation of the personal grade corresponding to that position and the effects of the computation of periods of performance contained in article 15 of this regulation.

Article 24. Officials exempted from the provisions of this chapter.

1 except in the case of voluntary participation in procedures for the provision of jobs abroad, excepted from the provisions of this chapter the diplomatic career officials who are in special services, the officials of the General Administration of the State, those who are at the service of the House of his Majesty the King and those who take any of the following positions (: a) President of the Superior Council of Foreign Affairs.

(b) director of the diplomatic school.

(c) Inspector general services Chief.

(d) head of international legal advice.

e) head of Cabinet of the Secretaries of State, Deputy Minister and Secretary General of the Ministry of Foreign Affairs and cooperation and the Presidents or heads of public agencies attached to the Department.

(f) the positions of the AECID 2. While diplomatic officials remain in positions or situations indicated in the preceding paragraph shall be calculated, if so requested by the applicant within the period specified in article 17, as if they had been carried out in Spain or abroad, according to the place where you have exercised the functions or held the corresponding position , for the purposes of the provisions of article 16.

Article 25. Provisional affiliation.

Officials of the diplomatic career that, subsequent to January 31 of each year, cease his position and are not appointed to play another, shall be directed temporarily to a position in the central services of the Ministry of Foreign Affairs and cooperation, and must participate, provided that they meet the requirements, in the first call for the provision of jobs reserved for officials of the diplomatic career that will convene.

Chapter IV the gasket of the career diplomatic article 26. Nature and integration functions.

The Board of the diplomatic career, administratively part of the Undersecretary of the Department, is a collegiate advisory body of the Minister and the Under-Secretary of the Ministry of Foreign Affairs and cooperation in the promotion and provision of jobs overseas regulated in the regulation.

The Board, in addition to the functions assigned to it in articles 8, 9, 10, 14, 15, 16, 18, 19 and 20 of this regulation, shall advise the Minister or, in your case Undersecretary on many diplomatic issues it deems appropriate and which are subject to consultation by the Minister or Deputy Minister.

Article 27. Composition the Board of diplomatic will be composed of the following members: to) the Undersecretary of Foreign Affairs and cooperation, who will preside over it.

(b) the Director General of the service outside of the Ministry of Foreign Affairs and cooperation, who may act by delegation of the Undersecretary of President).

(c) the Inspector General Services.

(d) the Deputy Director General of staff.

(e) one representative of the rank of Ambassador; a representative for each of the categories of Minister Plenipotentiary of first and second class; two representatives by Minister Plenipotentiary Embassy counselors and third categories; two representatives for each of the other categories of Secretary of Embassy, which fulfil the following conditions: be chosen by officials in their categories and are intended for the Ministry of Foreign Affairs and cooperation or public bodies attached to it.

(f) the Deputy Director General Deputy of staff, who will act in quality of Secretary, with voice, but without vote.

Them Directors General and the Secretary General technical of the Ministry of affairs foreign and of cooperation will be summoned to the meetings of the Board in which will have voice, but not vote, except those of who depend on functionally the since of whose provision is try.

Article 28. Election of the representatives of the categories.

1. the vocal that represent to the categories of the career diplomatic will be elected by them officials diplomatic in Active of the respective category.

Officials of the diplomatic career that perform any of the jobs listed in article 24 or in a situation of special services are ineligible.


2. in the first 20 days of the month of December preceding the year in which elections must be held, the Directorate-General of the foreign service shall refer to all officials of the diplomatic relationship of the officials in the 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, diplomatic officials be sent to the General Directorate of the foreign service, via which it is established, its voting will be secret.

Officials of the diplomatic career with the rank of Ambassador, Minister Plenipotentiary of first or second class, or Secretary of Embassy of second or third class shall elect one representative and two alternates per category. Those who have category of Minister Plenipotentiary of third class, Counselor of Embassy or Embassy Secretary of first class shall elect two representatives and two alternates for each of them. As many votes as positions will be issued to cover, without distinction between members and alternates. The choice as a member or alternate shall be carried out according to the number of votes obtained by each candidate.

Diplomatic officials can only vote in favour of its staff.

Immediately after receipt of the votes, the Board of the diplomatic career will proceed to the same count, proclaiming elected to those who obtain the largest number of votes and, in the event of a tie, those who have more seniority in the category. The Act of the counting of votes may attend all diplomatic officials.

3. the mandate of the representatives of those categories will be of two years. Promotion to a higher category will result in his termination as a member of the Board. In this case and the resignation or termination of his position in the central services of the Ministry of Foreign Affairs and cooperation or public bodies attached to it, members will be replaced by their alternates until the end of its mandate.

4. in case of resignation or termination of his position in the central services of the Ministry of Foreign Affairs and cooperation or public bodies attached to it of all representatives and alternates of a category, or most of them, the Board of the diplomatic career may hold elections to fill the vacant posts until the end of the mandate does not apply in this case the time limits provided for in the second paragraph of this article. The Board of the diplomatic career, may nonetheless decide the complete renewal of the representatives of the categories.

Article 29. Functioning of the Board of the diplomatic career.

1. the Board of Board of the career diplomatic shall be governed in terms of its operation, by the provisions of this regulation and, in not contemplated in these provisions, by the precepts collected for organs collegiate in the title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

2. the Board of the diplomatic career will meet, previous call of its Chairman, the first Monday of the month of February of the year in which held elections, for the purposes of the provisions of article 28; in the months of March and April, to carry out the proposal's provision of jobs overseas diplomatic officials, and in the month of October, for the classification of posts referred to in paragraph 3 of article 14.

It shall also meet whenever it is necessary for the performance of other functions that is entrusted in this regulation, and when its Chairman, to convene on its own initiative or of five of its members.

3. the Board of the diplomatic career may not be constituted without the presence of its President or Deputy, Secretary or his substitute, and ten of their vowels.

4. agreements shall be made by simple majority, except as provided in article 8 of this regulation. The President will settle with its vote the draws.

5. the members of the Board of the diplomatic career is not eligible in the preparation of proposals on issues that affect them directly and personal.

Chapter V the provision of jobs of appointees in the central services of the Ministry of Foreign Affairs and cooperation article 30. General call.

1. before the 1 of mayo of each year, the Minister of affairs foreign and of cooperation made a call public to cover them positions of free designation reserved to them officials of the career diplomatic vacant in them Services Central of the Ministry of affairs foreign and of cooperation. Also, is convened it coverage of many others posts in them Services Central of the Department is deems necessary or suitable.

That time limit shall be without prejudice to that during the rest of the year is called the posts through the procedure of appointees that are considered necessary.

2 call for proposals, as well as the description of vacancies and the requirements for their performance, specify the elements to assess the candidates.

3. in addition to disclose in accordance with what is established in Royal Decree 364/1995, of 10 March, the direction General of the service outside of the Ministry of Foreign Affairs and cooperation shall call to all the diplomatic missions, permanent representations, consulates of Spain and the superior and executive organs of the Department for distribution among diplomatic officials , and seek their individual communication to all them.

Article 31. Applications.

Requests, with expression, in order of preference, of the jobs that the interested party aspires to play, will go to the convening authority within the period of 15 working days from the publication of the call.

Article 32. Reports.

The appointments will require the prior report, issued within the period of fifteen calendar days, of the holders of the units to which are attached the jobs to cover in which the merits of the candidates will be assessed.

Article 33. Of the working group.

The Undersecretary of Foreign Affairs and cooperation, in order to properly assess the suitability of submitted nominations, may request the Advisory not binding from a working group, which will be part officers and other managers of the Department, as well as three members of the Board of the diplomatic career categories of Ministers representing Directors and Secretaries.

Article 34. Appointments.

Appointments must be made within the time and in the manner provided in the regulatory provisions of the public function of the General Administration of the State.

Article 35. Special announcements.

A time resolved it call general to cover them positions of free designation reserved to them officials of the career diplomatic in them Services Central of the Ministry of affairs foreign and of cooperation, them posts of this nature that are vacant is may provide through calls special of conformity with the procedure regulated in this chapter. Also, is may convene the coverage of many others posts in them Services Central of the Department is deems necessary or suitable.

Chapter VI of the heads of mission diplomatic article 36. Of the heads of mission diplomatic.

Without prejudice of that the Government in the exercise of its faculty discretionary can designate ambassadors to people not belonging to the career diplomatic, when the designation go to produce is between officials of such career, the Minister of affairs foreign and of cooperation can count, to the object of raise it proposed to the Council of Ministers, with the assistance of the Undersecretary of affairs foreign and of cooperation , in his capacity as Chief of staff and the diplomatic career, which shall seek the opinion of the Department Secretaries of State and the Director of the Cabinet of the Minister.

Article 37. Classification of the diplomatic missions and permanent representations.

1. for the purposes of the designation between officials of the diplomatic career of Ambassadors Extraordinary and Plenipotentiary, permanent representatives ambassadors and Chargés d'affaires with letters from Cabinet, the diplomatic missions and permanent representations are classified, in accordance with the quantitative and qualitative importance of bilateral relations, in groups I, II and III.

2. the classification will correspond to the Minister of Foreign Affairs and cooperation, which will have the assistance provided for in the previous article and may be amended when changes in international relations that so do so appreciate.

3. diplomatic missions and permanent representations of the 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 announced the list of mission headquarters expected to be covered in the following year subject to the procedure laid down in this chapter.

At any time, the list may be discretionarily modified by the Minister of Foreign Affairs and cooperation, in order to exclude from the procedure one or more mission headquarters.

Article 39. Applications.


Before the thirty of October of each year, them officials of the career diplomatic that meet them requirements expressed in the article following, may present your application, by order of preference, for that or those headquarters of mission included in it call to which is refers the article earlier and for which consider meet competition professional for its performance.

Article 40. Requirements of those candidates.

1 to submit your request, diplomatic officials shall meet the following requirements: to) diplomatic missions and permanent representations of the Group I: 1 have at least the Minister Plenipotentiary of third-class category.

2nd have occupied previously a Chief of mission.

(b) missions diplomatic and representations permanent of the Group II: 1 have at least the category of Minister Plenipotentiary of third class.

2nd have played during at least three years a since Steering in them administrations public, in the House of his Majesty the King, in them bodies constitutional, in the Union European or in an organization International.

3rd have played 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 have at least the category of Embassy counselor.

2. have at least twenty years old in the diplomatic career.

3rd have played for at least two years a managerial post in public administrations, at the home of his Majesty the King, in constitutional bodies, the European Union or in an international organization.

4th have played for at least two years a second head of mission or a post of Consul General.

2 diplomatic officials who have held a high office in the General Administration of the State shall be exempt from compliance with the requirements expressed in the lyrics to), b), c) of the preceding paragraph except the of flaunting the necessary category.

Article 41. Elements to value.

(1. for rating to them candidates is will have in has, depending on the features of the since, criteria of competition professional and experience and, particularly, the following: to) performance prior of posts with functions of analysis political and economic.

(b) leadership ability.

(c) knowledge of the language local.

(d) negotiating capacity, dialogue and relationship.

(e) previous experience in the area in which the post is requested.

(f) experience in budget management and staff.

(g) experience in managing crisis situations.

(h) consular experience.

(i) experience in management and control of cooperation programmes.

(j) experience in management culture.

2. no requests of officials of the diplomatic career for a third head of mission on a consecutive basis shall be taken into account.

3. the Under-Secretary of Foreign Affairs and cooperation, after consideration of the requests presented and heard the Department Secretaries of State and the Director of the Cabinet of the Minister, may convene the candidates it deems necessary for the realization of a personal interview to assess more accurately the elements in paragraph 1.

Article 42. Presentation of a list of candidates.

Before 31 December each year, Undersecretary of Foreign Affairs and cooperation, in his capacity as Chief of staff and the diplomatic career, rise to the Minister of Foreign Affairs and cooperation, without binding, a list of candidates, with order of preference, to deal with mission headquarters expected to be covered in accordance with the procedure regulated in this chapter.

Article 43. Mission headquarters resulting vacancies.

Unless decided otherwise by the Minister of Foreign Affairs and cooperation, they will be covered by the procedure regulated in this chapter, with the exception of deadlines, new headquarters of mission and those that have become vacant by death, retirement or cessation of the previous head of mission, and that the service needs should be covered.

Article 44. Taking of possession and dismissal of the heads of mission.

Notwithstanding that, in exercise of its discretion, resolved the competent organ to make the designation, the heads of mission appointed through the procedure regulated in this chapter shall take possession of his post preferably throughout the month of August of each year and will stop in the month preceding that in which meet four years since taking office in the diplomatic missions and permanent representations of groups I and II , and in the month preceding that in which meet three years in the Group III.

Chapter VII training the officials of the diplomatic career article 45. General rules.

The Ministry of Foreign Affairs and cooperation will promote the continuous training of officials of the diplomatic career for the improvement and updating of their knowledge.

Article 46. Diplomatic officials abroad for training.

Officials of the diplomatic career that are destined for abroad will be specific courses, organized by the diplomatic school, depending on the characteristics of the job that will play for the improvement and specialization of their knowledge.

Article 47. Continuous training of officers of the diplomatic career without prejudice as provided in the preceding article, diplomatic officials will periodically be specialization courses in the areas of its competence, in particular in the foreign, diplomatic and consular relations and cooperation.

These courses combine theoretical sessions and practices, study visits, and will be developed in accordance with a timetable that will allow its follow-up without prejudice to the requirements of the service.

Article 48. Climbing courses categories counselor and Minister Plenipotentiary of third class.

The diplomatic school, in collaboration with other units of the Ministry of Foreign Affairs and cooperation, organized every year the corresponding courses of ascensoa the category of Adviser and Minister Plenipotentiary of third class aimed at officials of the diplomatic career with the rank of Secretary and Advisor respectively. In these courses special importance is given to matters that contribute to the formation for the performance of mission headquarters.

Not exceeded any of these courses, the official shall be entitled to repeat it one more time.

First additional provision. Diplomatic officials stationed in the European external action service.

1. for all purposes provided for in this regulation, head of delegation and EU Special Representative posts filled by diplomatic officials liken to the mission headquarters of the Ministry of Foreign Affairs and cooperation.

2. for all purposes provided for in this regulation, managerial positions in the European external action service carried out by diplomatic officials liken to managerial posts at the Ministry of Foreign Affairs and cooperation.

Second additional provision. Uniform.

The characteristics and conditions of use of the uniform of the diplomatic career will be regulated by order of the Minister for Foreign Affairs and cooperation.

Third additional provision. Not increase public expenditure.

Measures included in these regulations pose no increased appropriations, fees, or other staff costs and in general may not assume an increase in public spending in any way.

First transitional provision. Transitional arrangements of the procedure for promotion to the Counselor of Embassy and Minister Plenipotentiary of third-class category.

Until expiration date within five years from the entry into force of this regulation, shall not be required, for the emerging categories of Adviser and Minister Plenipotentiary of third class, passing the selective course provided for in paragraph 2 of article 9 and paragraph 1 letter c) of article 10 of this regulation, respectively.

Second transitional provision. Transitional regime of candidatures to fill a mission headquarters.

(Until expiration date within five years from the entry into force of this regulation, shall not be required for the submission of applications to fill a mission headquarters in groups II and III the fulfilment of the requirements laid down in points b) and (c)), paragraph 1, article 40, except for the from hold the necessary category.

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