The Development Cooperation Council was set up by Royal Decree 795/1995 of 19 May, establishing and regulating the Development Cooperation Council, in compliance with the provisions of the additional twentieth The ninth of Law 42/1994 of 30 December 1994 on fiscal, administrative and social measures.

The subsequent entry into force of Law 23/1998, of 7 July, of International Cooperation for Development, forced the adaptation of the functions and composition of the Council to the new legislative reality by means of Royal Decree 21/2000, of 14 January on the powers, functions, composition and organisation of the Development Cooperation Council.

Now, the experience gained from the application of the aforementioned Royal Decree advises to introduce some changes in the composition and operation of the Council, which are set out in this text. The Council is a consultative body of the General Administration of the State, which gives rise to the legitimate aspiration of the social partners in cooperation to have their views heard in relation to decisions that may affect their interests. who are of their own. In order to properly implement its role as a framework for dialogue between civil society and the General Administration of the State, the Council should therefore have an appropriate representation of the latter, which is suitably balanced with the presence of the person. On the other hand, the number of experts, the proportion of whom seemed excessive, has been reduced, but this does not mean that they are in line with the functions they are responsible for.

In its virtue, on the proposal of the Minister of Foreign Affairs, with the approval of the Minister of Public Administrations, after the opinion of the Development Cooperation Council, according to the Council of State and previous deliberation of the Council of Ministers at its meeting on 16 March 2001,

D I S P O N G O:

Article 1. Nature and membership.

1. In accordance with Article 22 of Law 23/1998 of 7 July 1998 on International Cooperation for Development, the Development Cooperation Council is the advisory body of the General Administration of the State and participation in the of the international cooperation policy for development.

2. The Council shall be attached to the Ministry of Foreign Affairs, through the Secretariat of State for International Cooperation and for Latin America.

Article 2. Functions.

1. These are Council functions:

(a) Issue prior, mandatory and non-binding report on bills and any other general provisions of the General Administration of the State, which regulate matters concerning cooperation for the development. The International Cooperation Committee for the Development of the Congress of Deputies will be informed of these reports.

b) Report the proposal for the Director Plan and the Annual Plan for International Cooperation.

c) To know the results of the follow-up document of the Annual Plan and the evaluation of the cooperation.

(d) Report on the matters relating to its field of competence which the Government submits to its consideration.

e) To make suggestions and proposals regarding development cooperation to the Government that it deems appropriate.

f) How many other functions the Government entrusts in terms of development cooperation.

2. The maximum period for issuing the reports referred to in this Article shall be two months.

Article 3. Composition.

1. The Council shall be composed of 25 members.

Its President will be the Secretary of State for International Cooperation and for Latin America, to which the provisions of Article 24.1 will not apply. (c), second paragraph, of Law No 30/1992 of 26 November 1992.

2. He will be First Vice President of the Council, the Secretary General of the Spanish Agency for International Cooperation, who will replace the President in cases of vacancy, absence, illness or other legal cause.

3. The Council will also have three other Vice-Presidents, elected by the plenary. One of them, from among the members of the group referred to in paragraph 4 (b); another, from among the vowels representing non-governmental organizations for development; and another, from among the agents of the cooperation to which referred to in paragraphs (e) and (f) of paragraph 4.

4. The vowels, who will be appointed by the Minister of Foreign Affairs, will be distributed as follows:

a) The Delegate of the Government for Immigration and Immigration.

b) A representative of the Ministry of Economy and one of the Ministry of Finance, both with the rank of Director General, proposed by the respective Ministers.

c) A representative, also with the rank of Director-General, for each of the Ministries of Defense; Education, Culture and Sport; Health and Consumer Affairs, and Labour and Social Affairs, all proposed by the respective Ministries of Defense. Ministers.

d) Six on behalf of non-governmental development organisations (NGDOs): four representing the most representative ONGDs at the state level and two on a proposal from the higher ONGDs associations implementation at the state level.

(e) Two designated by the most representative trade union organisations at the State level; and two other designated by the most representative business associations at the State level.

f) One representing the universities, on a proposal from the Council of Universities, and one proposed by the human rights associations.

g) Four experts, ears of the members of the groups referred to in paragraphs (d), (e) and (f), including a specialist in gender and development issues.

5. The Head of the Office of Planning and Evaluation of the Secretariat of State for International Cooperation and for Latin America will also attend, in a voice but without a vote.

6. The President may invite representatives of the Ministries who are not members of the Council and those experts deemed to be appropriate, in the light of the matters to be dealt with, to attend the meetings with a voice but without a vote.

7. The vowels may be replaced by substitutes, with the exception of those referred to in paragraph (g).

8. The Minister of Foreign Affairs shall also appoint an official of that Ministry, who shall perform the duties of the Secretary of the Council, with a voice but without a vote.

Article 4. Mandate and cessation.

1. The term of office of the members of the Council shall be three years from the date of publication of their respective appointments in the "Official Gazette of the State". They shall, however, continue to perform their duties until the new members who have replaced them are taken over. The term of office shall be renewable for periods of equal duration.

In the case of the vowels representing the General Administration of the State, their status as members of the Council shall be subject to the permanence in the position by virtue of which they were proposed and subsequently, appointed.

2. The cessation of the members of the Council referred to in paragraphs (d), (e), (f) and (g) of Article 3 (4) shall take place on the following grounds:

(a) For the expiry of the period of his term of office, without prejudice to paragraph 1 of this Article.

b) By resignation accepted by the President of the Council.

c) At the request of the group they represent.

d) For having been convicted of a crime.

Any early vacancy, which has not occurred at the end of the term of office, shall be covered in accordance with Article 3. The term of office of the so appointed shall expire at the same time as that of the other members of the Council.

3. For the best performance of its tasks, the Development Cooperation Council may establish the incompatibilities it deems necessary on the contracts for the provision of voice services with the General Administration of the State.

Article 5. Operation.

1. The Council shall meet in ordinary session, at least twice a year, and in extraordinary session, as often as is necessary for the performance of its tasks. The extraordinary sessions shall be convened by its President, when he considers it appropriate or at the request of the absolute majority of its members.

2. The Council may set up working committees either on a permanent basis or for specific questions.

In the composition of the same, the proportionality and the presence of the different groups of members must be respected. The committees shall be chaired by a member of the Council appointed by the President.

3. The Council shall be governed by its own Rules of Procedure, which shall respect the present Royal Decree, as well as the provisions of Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 6. Operating costs.

The Ministry of Foreign Affairs will address the operating expenses of the Development Cooperation Council under the regular budget of the Secretariat of State for International Cooperation and for Latin America.

Single transient arrangement. Continuity in the exercise of the duties of the members of the previous Council.

The Council constituted by virtue of Royal Decree 21/2000, of 14 January, will continue to exercise its functions until the constitution of the foreseen in the present Royal Decree.

Single repeal provision. Regulatory repeal.

As many rules of equal or lower rank are repealed or are contrary to the provisions of this Royal Decree and, in particular, Royal Decree 21/2000 of 14 January.

Single end disposition. Entry into force.

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

Dado en Madrid a 19 de marzo de 2001.

JOHN CARLOS R.

The Minister of Foreign Affairs,

JOSEP PIQUE I CAMPS