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Royal Decree 524/2014, Of 20 June, Amending The Royal Decree 454/2012, 5 March, Whereby The Basic Organizational Structure Of The Ministry Of Defence Is Developed.

Original Language Title: Real Decreto 524/2014, de 20 de junio, que modifica el Real Decreto 454/2012, de 5 de marzo, por el que se desarrolla la estructura orgánica básica del Ministerio de Defensa.

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Royal Decree 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments, established the basic organic structure of the Ministry of Defense up to the level of management general.

The second final provision of the aforementioned royal decree determined the need to complete the organization of each ministry, adapting it to its new basic structure, enacting the Royal Decree 454/2012 of 5 March, for which develops the basic organic structure of the Ministry of Defense.

In July 2012, the President of the Government issued the National Defense Directive. One of its guidelines called for a rethink of the current design of the Armed Forces structures, adapting them, together with their procedures, so that the effectiveness of both the management and the obtaining and employment of the Armed Forces is increased. resources, promoting the agreement of the financial resources at the disposal of the Defense with the requirements of the strategic scenario and the consequent needs of the Armed Forces.

As a result, the Defense Minister signed the Defense Policy Directive in October of the same year, establishing between its aims the simplification of the organization of the Armed Forces and the rationalization of the organic structures of the Department in which they are integrated.

On the other hand, the Government of Spain has set in motion an important and ambitious programme of reforms among whose axes are measures of administrative rationalization, simplification and elimination of duplications and obstacles. Bureaucratic.

The Commission for the Reform of Public Administrations (CORA), created by the Council of Ministers Agreement of 26 October 2012, has carried out in recent months an intensive work of comprehensive review of the Public administration, aimed at achieving an improvement in the effectiveness and efficiency of public activity.

Based on the above, the present royal decree aims to introduce significant modifications to the aforementioned Royal Decree 454/2012 of 5 March.

As far as the Armed Forces are concerned, the reference to their organization is reduced to quote that is governed by their specific regulations, in accordance with the provisions of the Organic Law 5/2005, of 17 November, of the Defense National, as provided for in the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. However, as soon as a single royal decree on the organization of the Armed Forces is not drawn up, functions are maintained that correspond to the Chiefs of Staff of the armies, with the necessary adjustments to To adapt them to the new attributions that correspond to the managing bodies of the Secretariat of State of Defense, the functions that, in the field of mapping and security of the information in the systems, are transferred to the General State of the Defense of information and telecommunications, corresponding to the Directorate General of Infrastructure, entrusts the management and coordination of healthcare support in operations and maintains the existing dependencies of the Military Emergency Unit and its capacity to conduct operations abroad.

As for the Secretary of State for Defense, the Ministry of Defense needs to make important changes in several of its areas of competence, such as the centralization of the programs for obtaining, modernization and common support. support for the internationalisation of the defence industry, or economic management. To this end, the need to reorganise the tasks between some sub-directorates-general is added. The most significant changes affect the General Directorate of Armament and Material and the Directorate-General for Infrastructure.

For their part, within the Subsecretariat of Defense they must be highlighted, in accordance with the provisions of Article 1 of Royal Decree 701/2013, of 20 September, of rationalization of the public sector, on the extinction of the Autonomous Body Breeding of the Armed Forces on January 1, 2014, the necessary modifications to be carried out for the correct distribution of the functions of this autonomous body among the different management bodies of the department, corresponding the direction of those functions to the Assistant Secretary of Defense and the coordination, management and inspection of the breeding of the new General Secretariat of the Technical General Secretariat, which will also develop the functions assigned to this management body in relation to the Peripheral structure of the Department. In addition, the Directorate-General for Personnel includes among its functions the coordination of the dissemination of information in the field of social policy for military personnel and the Directorate-General for Recruitment and Military Education. functions related to volunteer reservists.

The last modification to this project is the drafting of a new additional provision, the tenth, on the functional dependence of the various organs of the Armed Forces with respect to the executive organs of the Department, to achieve greater effectiveness in meeting the objectives.

In addition to the modifications described in the preceding paragraphs, in order to make the educational structures of the Department more efficient, the Central Academy of Defense is created, by means of an additional provision, on the the base of the current Group of Defence Schools. Likewise, in order to be able to address, at the appropriate level, a proper structuring of the General Intervention of the Defense, it is necessary to repeal the still existing Royal Decree 351/1989, of April 7, for which the structure is determined Basic Organic of the General Intervention of Defense.

In its virtue, at the initiative of the Minister of Defense, at the proposal of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of June 20, 2014,

DISPONGO:

Single item. Amendment of Royal Decree 454/2012 of 5 March, for which the basic organic structure of the Ministry of Defence is developed.

Royal Decree 454/2012 of 5 March, for which the basic organic structure of the Ministry of Defence is developed, is amended as follows:

One. Article 2 is worded as follows:

" Article 2. Armed Forces.

1. The military organization is governed by its specific regulations, in accordance with the provisions of the Organic Law 5/2005 of 17 November of the National Defense.

2. The Chief of Defense Staff, with the rank of Secretary of State, will hold the representation of the Department, by delegation of the Minister, in the cases in which this is entrusted and the national military representation to the organizations International security and defence.

3. The military representations in international organizations depend on the Chief of Defense Staff.

4. The Chiefs of Staff of the Army of Earth, Navy and Air Force have a rank of Undersecretary. "

Two. Article 4 (2) (a) and (e) shall be worded as follows:

"a) Plan and program the Department's armaments and material and research, development and innovation policies, as well as direct and control its execution."

" e) To promote institutional support for the internationalization of the Spanish defense industry, to coordinate the international promotion of the disposal of movable and defense products and, in coordination with the Directorate General of Defense Policy, directing the actions of the aggregates and defense advisors. "

Three. Two new paragraphs (j) and (k) are added to Article 4 (2) with the following wording:

" (j) Manage, in collaboration with the Armed Forces, the programs to obtain, modernize, and common support for the systems of weapons and equipment of interest to the national defense, those for sale derived from support to the internationalisation of the Spanish defence industry, as well as to harmonise and rationalise their support.

(k) Conduct the administration and economic and contractual management of research and development programmes, as well as programmes for the procurement, modernisation and joint support, not included in the procurement centralized, weapons systems and defense equipment, as well as the management, negotiation and management of contracts that could be derived from support to the internationalization of the Spanish defense industry and the associated export of defense material. "

Four. Article 4 (3) is worded as follows:

" 3. The following management bodies depend on this general direction:

(a) The Subdirectorate-General for Planning, Technology and Innovation, which develops the functions referred to in paragraph 2, paragraphs (a) and (g).

(b) The Subdirectorate General for International Relations, which develops the functions referred to in paragraph 2, paragraphs (d), (e) and (f).

(c) The General Sub-Directorate for Programme Management, which develops the functions referred to in paragraph 2, paragraphs (b) and (j).

(d) The General Subdirectorate for Inspection, Regulation and Industrial Strategy of Defence, which develops the functions referred to in paragraph 2, paragraphs (c), (h) and (i).

e) The General Subdirection of Armament and Material Procurement, which develops the functions referred to in paragraph 2, paragraph (k). "

Five. Article 5 (2) (c) and (g) shall be worded as follows:

"c) Exercise the financial direction of the budgetary programmes."

"g) Plan, direct, and control the procurement and strategies of the department."

Six. Article 6 (2) (f), (g), (h) and (i) shall be worded as follows:

" f) Define, plan and coordinate policies of information, telecommunications and information security systems of the Department. Lead the execution and control the compliance of these policies in the common field to the Department.

g) Directing and managing information and telecommunications systems in the common domain to the Department and the infrastructure on which they are based, in coordination with the Defence Staff.

h) Collaborate with the General Staff of Defense in the tasks of designing and maintaining information and telecommunications systems in the field of the competencies of the General Staff of Defense.

(i) to promote representation and dialogue, in relation to information systems, telecommunications and information security, to other agencies of the State administration and, at international level, in coordination with the Defence Staff and the Directorate-General for Defence Policy. "

Seven. Article 6 (2) (j) shall be without content.

Eight. Article 6 (3) is worded as follows:

" 3. The following management bodies depend on the General Infrastructure Directorate:

(a) The Subdirectorate-General for Planning and the Environment, which develops the functions referred to in paragraph 2, paragraphs (b), (d) and (k).

(b) The General Subdirectorate of Heritage, which develops the functions referred to in paragraph 2, paragraphs (a) and (e).

(c) The General Subdirectorate of Information and Communications Technologies, which develops the functions referred to in paragraph 2, paragraphs (f), (g), (h), (i)

(d) The Subdirectorate-General for Projects and Works, which develops the functions referred to in paragraph 2 (c). "

Nine. A new paragraph, m), is added to Article 7 (2), with the following wording:

"m) Lead all functions related to the Armed Forces ' caballar breeding service."

Ten. Article 7 (6) (a) and (b) shall be drawn up in the following terms

" (a) The General Subdirectorate of the Internal Regime, which is responsible for the management of the internal regime and the general services of the central body, as well as the general register.

(b) The Subdirectorate-General for Economic Services and Pagadurias, which is responsible for exercising the powers that, in respect of the implementation of the budget, contracting and economic management, it shall attribute to it the rules in this respect, as well as manage and manage the payment of assets and the payment boxes belonging to the Under-Secretary of Defense and coordinate with the Directorate-General for Economic Affairs the elaboration, monitoring and information of the budget of the Department. "

Once. Article 7 (10) is worded as follows:

" 10. The Secretary is responsible for the inspection, in accordance with the terms of Article 11 of Law 39/2007 of 19 November, by means of the Subdirectorates General of Military Personnel, Military Education, Recruitment and Employment Guidance. and the General Inspection of Defence Health. "

Twelve. Article 8 (1) is worded as follows:

" 1. The Technical General Secretariat is the management body to which the functions attributed to it by Articles 22.2 and 24.2 of Law 50/1997, of 27 November, of the Government and of Article 17 of Law 6/1997, of 14 April. For the purposes of this article, they are functionally dependent on this management body, in the areas mentioned, the competent organs of the Armed Forces and the autonomous agencies of the Department. "

Thirteen. Three new paragraphs (m), (n) and (n) are added to Article 8 (2) with the following wording:

" m) Manage the central organ reprogram services and coordinate the department's printing works.

n) Management of library and documentation services and the central organ's archival subsystem.

n) Coordinate, manage and inspect the Armed Forces ' caballar breeding service. "

Fourteen. Paragraph (c) is amended and a new subparagraph (d) is added to Article 8 (3) with the following wording:

" (c) The General Subdirectorate for Publications and Cultural Heritage, which develops the functions referred to in paragraph 2, paragraphs (k), (l), (m) and (n).

(d) The Subdirectorate-General for Peripheral Administration, which shall develop the functions referred to in paragraph 2, paragraphs (f) and (n). "

Fifteen. Article 8 (4) is without content.

Sixteen. Article 9 (2) (j) shall read as follows:

"j) Coordinate social policy for military personnel, dissemination of information in this field, and the provision of continued support to the injured and to the families of the deceased and injured in service."

seventeen. In Article 10, a new paragraph, the j), paragraph 2 is added and new wording is given to paragraph 3, in the following terms:

"j) Lead and support the management of volunteer reservists."

" 3. The following management bodies are responsible for the Directorate-General for Military Recruitment and Teaching:

(a) The General Subdirectorate of Military Education, which develops the functions referred to in paragraph 2, paragraphs (a), (b), (c), (d), (e), (f) and (g).

(b) The Subdirectorate-General for Recruitment and Employment Guidance, which develops the functions referred to in paragraph 2, paragraphs (h), (i) and (j). "

Eighteen. A last point is added to the third additional provision with the following wording:

"The functions corresponding to the Technical General Secretariat shall be developed by the Subdirectorate General of Peripheral Administration."

nineteen. A new additional provision is added, the tenth, with the following wording:

" Additional Disposition 10th. Functional dependencies.

1. By virtue of the functional dependencies of the various organs of the Armed Forces with respect to the management bodies of the Department, the latter may:

a) Issue the instructions or service orders of a general nature for the development and implementation of the Department's policy in the field of its competence.

b) Coordinate, where appropriate, the performance of the relevant Armed Forces bodies in the performance of these instructions or service orders.

c) Carry out the monitoring of their execution by collecting the information necessary to know the results obtained and to be in a position to take the corrective measures in order to adjust them to the policy of the Department.

(d) Constituting functional commissions and convening those responsible for the functionally dependent organs of the relevant management body.

2. For their part, the corresponding organs of the Armed Forces, in the field of their competences, will be able to raise consultations, to formulate proposals, to request advice, information or data and to require criteria of action to the managing bodies of which is functionally dependent, in relation to the preparation, development, implementation and control of the Department's policy. "

Additional disposition first. Removal of management bodies.

The following department management bodies are deleted:

a) The General Planning and Programs Subdirection.

b) The General Subdirection of Technology and Innovation.

c) The General Subdirectorate for Inspection and Technical Services.

d) The Planning and Projects General Subdirection.

e) The General Subdirection of Environmental Sustainability and Energy Efficiency.

f) The General Subdirection of Education and Education Policy.

g) The Recruitment Subdirection General.

Additional provision second. Financing of management posts.

To comply with the provisions of the additional twenty-second provision of Law 22/2013, of 23 December, of General Budget of the State for the year 2014, which establishes that during the year 2014, any new action The Ministry of Defense will not be able to assume net increase in the expenditure of personnel at the service of the Administration, the financing of the two sub-directorates general, in which the structure of the Ministry of Defense is increased to the entry into force of this royal decree will be carried out by the reduction, in the relations of military posts, of at least two posts assigned to the employment of general division, in such a way as to compensate for the full costs of personnel.

Additional provision third. Creation of the Central Academy of Defense.

1. According to the provisions of article 50.1 of Law 39/2007 of 19 November, of the military career, on the proposal of the Minister of Defense, the Central Academy of Defense is created, as a military training center. In this way, the training courses to be determined by the Minister of Defense may be taught in this academy, in accordance with the provisions of Article 53 of that law.

2. The Central Academy of Defense will depend on the General Subdirectorate of Military Teaching. The Director of the Academy will be the Deputy Director General of Military Education.

3. In accordance with Article 54.1 of Law 39/2007 of 19 November, and in accordance with the general rules governing the organisation and functions, the internal arrangements and the programming of military teaching centres, the Minister Defense will determine the internal structure and functions of this military academy in which the Military School of Legal Studies, the Military School of Intervention, the Military School of Health, the School of Military Musicians will be integrated, the The Military School of Languages and the Military School of Education Sciences, in order to maintain their current names and tasks, as well as their address by an officer of the respective bodies in the case of the Armed Forces ' Common Corps Schools.

4. Any references to the current provisions of the current Group of Defense Schools, which are deleted, will be understood to be made to the Central Academy of Defense, whose creation will not increase public spending or increase the number of Department templates.

First transient disposition. Organization of the Armed Forces.

As soon as the regulations on the organization of the Armed Forces are not modified, it is available that:

(a) The Chiefs of Staff of the Army of the Earth, the Navy, and the Army of Air, in addition to the functions assigned by Article 13.3 of the Organic Law 5/2005 of 17 November of the National Defense, will be:

1. Define the military specifications of the necessary weapons and support systems for their military and military infrastructure.

2. To advise the Secretary of State of Defense on the preparation, direction and development of the economic policy, arms and equipment, infrastructure and information and telecommunications systems and security of the information from their armies and inform them about their execution.

b) The General Staff of Defense will be responsible for:

1. The development and detail of information security policies in the Information and Telecommunications Systems, as well as the direction of implementation and control of compliance with these policies.

2. Plan, direct and, where appropriate, execute the mapping actions.

3. Lead and coordinate healthcare support in operations.

c) The Military Emergency Unit, which is organically dependent on the Minister of Defense, operationally of the Chief of Staff of the Defense and functionally of the higher and managerial bodies than its specific regulations determines, is a joint force that has as mission the intervention in any place of the national territory and in operations abroad, to contribute to the safety and well-being of the citizens in the cases of serious risk, catastrophe, calamity or other public needs, in accordance with the provisions of Royal Decree 416/2006 of 11 April, establishing the organization and deployment of the Army of Land, Navy and Air Force, as well as the Military Emergency Unit, in Royal Decree 1097/2011 of 22 July, approving the the Protocol of Intervention of the Military Emergency Unit and the regulations that develop them.

d) They will maintain their validity, in which they do not object to this royal decree, Order DEF/3537/2003, of December 10, for which the basic organic structure of the Armies and the Order DEF/1076/2005, of April 19, is developed, The structure of the General Staff of Defense is developed.

Second transient disposition. Units and jobs with the lower organic level than the general sub-direction.

The units and jobs with the lower organic level to the general sub-directorate will continue to remain and will be paid from the same budget appropriations until the corresponding relations are approved. or catalogues of Department jobs adapted to the organic structure modified by this royal decree.

The units and jobs surveyed in the deleted organs, or whose organic dependence has been modified by this royal decree, will be provisionally assigned, by means of a resolution of the Deputy Secretary of Defense, until the corresponding relations or catalogues of jobs, to the bodies regulated in this royal decree, are in force in accordance with the privileges assigned to them.

The relationships or catalogues of jobs that are approved adapted to the organic structure of this royal decree in no case will entail an increase in either endowments, remuneration, or other personnel costs.

Single repeal provision. Dispositive abrogation.

The Royal Decree 351/1989, of 7 April, is repealed, determining the basic organic structure of the General Intervention of Defense, maintaining its validity the Ministerial Order 146/2003, of October 24, for which The Organic Structure of the General Intervention of Defense is established, as soon as the Minister of Defense does not dictate the necessary provisions for the development of the structure of the General Intervention of Defense.

Single end disposition. Entry into force.

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

Given in Madrid, on June 20, 2014.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO