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Royal Decree 64/2001, 26 January, Amending Royal Decree 1883 / 1996, Of 2 August, From Basic Organic Structure Of The Ministry Of Defence, Modified By Royal Decree 76/2000 Of 21 January.

Original Language Title: Real Decreto 64/2001, de 26 de enero, por el que se modifica el Real Decreto 1883/1996, de 2 de agosto, de estructura orgánica básica del Ministerio de Defensa, modificado por el Real Decreto 76/2000, de 21 de enero.

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TEXT

By Royal Decree 839/1996 of 10 May, the basic organic structure of the Ministry of Defense was established, together with that of other ministerial departments, enabling the Minister of Public Administration to raise to the Council of Ministers the draft of Royal Decree of adaptation to this organic structure.

In use of this rating, Royal Decree 1883/1996 was issued on August 2, approving the structure of the Ministry of Defense, which was subsequently amended by Royal Decree 76/2000 of 21 January to adapt the organization to the most immediate demands arising from the process of professionalization of the Armed Forces.

The process of professionalization and modernization of the Armed Forces is directly related to the need to harmonize our defensive capabilities with those of the allied countries, being multiple and complex. scenarios in which Spain is immersed.

In particular, the future development of European defence within the framework of the common foreign and security policy makes it necessary for a specific management body to be specifically prepared and equipped with the appropriate means to meet the challenges of Spain takes on the whole of its partners and allies.

To this end, the General Secretariat of Defense Policy is created, which will assume the functions corresponding to the defense policy, unifying and enhancing the international projection of the same.

On the other hand, and as a logical correlative, the new General Secretariat will assume the promotion, dissemination and promotion of the defense consciousness. A defense policy conceived in a global scenario, requires the constant collaboration and support of society and the understanding of all citizens. The aim is to enhance and improve coordination in the area of the information, social and cultural relations of the defence, with the necessary unity of action.

In its virtue, at the initiative of the Minister of Defense and on the proposal of the Minister of Public Administration, after deliberation of the Council of Ministers at its meeting of the day of January 26, 2001,

D I S P O N G O:

Single item. Organic adaptations.

Articles 1, 2, 3, 4, 6, 16, 17, 23 and additional provision are amended in the terms set out below, and Articles 19a, 19b and 19b are added to Royal Decree 1883/1996 of 2 August 1996. the basic organic structure of the Ministry of Defence, as amended by Royal Decree 76/2000 of 21 January.

1. Article 1. General Organization of the Department.

Paragraph 2 is worded as follows:

" 2. The Ministry of Defense is structured in:

a) General Staff of the Defense.

b) Secretary of State of Defense.

c) Deputy Secretary of Defense.

d) Army of Earth.

e) Armada.

f) Air Force.

g) General Secretary of Defense Policy. "

Paragraph 3. The reference to the Directorate-General for Defence Policy is deleted.

2. Article 2. Minister of Defense.

Paragraph 2 is worded as follows:

" 2. The Minister of Defense has, as organs of support, advice and immediate assistance from a Cabinet and a Technical Cabinet. "

Paragraph 3 is not contained.

3. Article 3. Cabinet of the Minister of Defense.

It is worded as follows:

"The Cabinet of the Minister of Defense shall be composed of a Director, with the rank of Director-General, and a maximum of seven advisors, with the rank of Deputy Director-General, and shall assume the duties referred to in Article 2.2."

4. Article 4. Technical Cabinet of the Minister of Defense.

It is worded as follows:

" The Director of the Technical Cabinet will be a general or official officer, with the rank of Director General.

In addition to the functions mentioned in Article 2.2, the Technical Cabinet of the Minister, a technical-military nature organ, is responsible for advising on the aspects related to the study, planning and development of the activities of the Armed Forces. "

5. Article 6. Directorate-General for Defence Policy.

This article is not contained.

6. Article 16. General Legal Counsel of the Defense.

The following paragraph 6 is added:

" 6. According to the provisions of the final provision of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, the position of the General Legal Counsel of the Defense will take precedence over the other charges of the Legal Body. Military. "

7. Article 17. General Intervention of the Defense.

The following paragraph 5 is added:

" 5. In accordance with the provisions of the third final provision of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, the position of the General Controller of the Defense will take precedence over the other charges of the Military Corps of Intervention. '

8. Article 19a. General Secretary for Defence Policy.

Article 19a is added, which is worded as follows:

" Article 19a. General Secretary for Defence Policy.

1. The General Secretariat of Defense Policy, with the rank of Undersecretary, is the chief executive officer of the Minister in the direction of the Department's defense policy, and may dictate to this end the necessary guidelines.

2. In particular, the following functions correspond to:

(a) Promote and develop defence policy actions in the field of international collective security and defence organisations, especially in the Atlantic Alliance and in the European Union, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of the State's external action.

b) Address the international aspects of the defence policy, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of the State's external action.

c) To direct the elaboration of international treaties, agreements, conventions and conferences of interest to the national defense.

(d) to continue and assess, in the field of security and defence policy, the development of the international situation, while maintaining appropriate coordination with the ministerial departments concerned, in particular with the Ministry of Foreign Affairs.

e) To contribute to the monitoring, response and resolution of crisis and conflict situations in the field of security and defense policy, in the framework of the National System of Crisis Situation Driving, without prejudice to the the external action unit of the State.

f) To direct the work of the National Defense Board.

g) To direct the elaboration of the directives on defence policy and military policy, as well as to coordinate the activities derived from them.

h) Coordinate with other Departments the general planning of the defense.

i) To direct the permanent body of work of the national authority for civil defense planning and to hold the national representation in this field in international organizations of collective defense or alliances which Spain belongs to.

j) Coordinate the collaboration of the Armed Forces with the civil authorities for emergency situations at the national level and, in coordination with the Ministry of Foreign Affairs, at international level.

k) Coordinate at inter-ministerial level the mobilization of resources and direct their development in the field of the Department.

l) To direct the institutional relations of the defense with the aim of spreading and promoting the awareness of national defense.

m) Address the Department's cultural and information policy.

3. The Secretary-General of Defense Policy will hold the representation of the Department, by delegation of the Minister, in the cases in which it is entrusted and, in particular, to the international organizations of security and collective defense of which Spain is a party.

4. The Secretary General of Defense Policy acts as Secretary of the National Defense Board.

5. The following management bodies are dependent on the General Secretariat for Defence Policy:

a) General Directorate of Defense Policy.

b) Directorate General of Institutional Relations of the Defense.

6. The Spanish Section of the Spanish-American Permanent Committee, an organ of the Ministry of Defense whose organization and operation is governed by the provisions of Royal Decree 916/1989, is attached to the General Secretariat for Defense Policy. July 14.

7. Without prejudice to the organic dependence provided for in Article 7 (11) of this Royal Decree, the School of High Studies of Defense will be functionally dependent on the Secretary General of Defense Policy.

9. Article 19b. Directorate-General for Defence Policy.

Article 19b is added which is worded as follows:

" Article 19b. Directorate-General for Defence Policy.

1. The Directorate-General for Defence Policy is the executive body responsible for the preparation, planning and development of defence policy.

2. In particular, the following functions correspond to:

(a) Manage the international aspects of the defence policy, except those referred to in paragraph (b) below, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of the external action unit of the State.

b) Managing the international aspects of defence policy, related to international cooperation issues, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of unity of action of the State.

c) Prepare and propose international treaties, agreements, conventions and conferences of interest to the national defense, except those included in the following paragraph (d), in coordination with the higher and executive bodies of the Department in the field of their respective competences, and with the Ministry of Foreign Affairs.

d) Prepare and propose international treaties, agreements, conventions and conferences related to confidence-building, arms control and peace support measures, in coordination with the higher bodies and managers of the Department, within the scope of their respective competences, and with the Ministry of Foreign Affairs.

e) Act as the work organ of the National Defense Board.

f) Preparing and proposing the directives on defence policy and military policy.

g) Act as the permanent body of work of the national authority for civil defense planning.

h) Propose the regulations, plan and manage the collaboration of the Armed Forces with the civil authorities, emergency situations at the national level.

3. The Directorate-General for Defence Policy is composed of the following units, with an organic level of Subdirectorate General:

(a) Subdirectorate General of International Defense Plans and Relations, which develops the functions referred to in paragraph 2.a), c, e) and f).

(b) Subdirectorate-General for Cooperation and Civil Defence, which develops the functions referred to in paragraph 2.b), (d), (g) and (h). "

10. Article 19 quar. Directorate-General for Institutional Relations of the Defense.

Article 19 to be added shall be worded as follows:

" Article 19 quar. Directorate-General for Institutional Relations of the Defense.

1. The Directorate-General for Institutional Relations of the Defense is the governing body to which the institutional relations of the defense correspond. For this purpose, it will promote, disseminate and promote national defense awareness, plan the cultural actions of the Department, manage the military-artistic heritage and coordinate communication and information actions. of the defense.

For these purposes, the competent organs in the aforementioned subjects of the three Armies and Autonomous Bodies will be functionally dependent on this management body.

2. The General Directorate of Institutional Relations of the Defense is composed of the following units, with organic level of Subdirection General:

(a) Spanish Institute of Strategic Studies, to which the general functions of promoting and coordinating the policy of promotion, dissemination and promotion of the national defense conscience correspond. To this end, it will enhance joint actions with the Ministry of Education, Culture and Sport, the Universities and educational institutions.

b) General Secretariat of Historical-Artistic Heritage, which develops the functions of coordinating, promoting and disseminating the cultural action of the Department, as well as managing the protection, conservation and dissemination of heritage military, furniture and documentary. In particular, it is up to the rationalization of structures through the centralized programming of the policy of military museums, the cataloging of castles and military establishments of historical-artistic character and the programming of their utilities, as well as the cataloging of the files and the programming of their operation. To this end, it will be able to manage the necessary conventions with other institutions.

c) General Subdirectorate of Social Relations and Communication of the Defense, which develops the functions of promoting, directing and maintaining relations with the media, unifying, coordinating and disseminating information general character in the field of defence. "

11. Article 23. Board of Directors of the Ministry.

Paragraph 2 is worded as follows:

" 2. They are part of the Board of Directors, the Chief of the Defense Staff, the Secretary of State of Defense, the Assistant Secretary of Defense, the Secretary General of Defense Policy, and the Ministry's technical secretary general.

The Minister will also be able to convene the Chiefs of the Army of Land, Navy, and Air Force.

The Directors-General, the General Legal Adviser, the General Financial Controller and the Inspector General of Health shall be called upon to be deemed appropriate by the Minister. "

12. Additional provision first. Order of precedence of the authorities of the Department.

This additional provision is worded as follows:

" Additional disposition first. Order of precedence of the authorities of the Department.

The order of precedence of the higher authorities of the Department in the acts of special character referred to in paragraph (b) of the third article of Royal Decree 2099/1983, of 4 August, and in the internal regime of the Ministry, will be as follows:

a) Minister of Defense.

b) Chief of Defense Staff.

c) Secretary of State for Defense.

d) Deputy Secretary of Defense.

e) Chief of Staff of the Army of the Earth.

f) Chief of Staff of the Navy.

g) Chief of Staff of the Air Force.

h) Secretary General of Defense Policy. "

Additional disposition first. Military prison facilities.

The powers that Royal Decree 2206/1993, of December 17, attributes to the delegations of Defense on military prison establishments remain without effect.

Additional provision second. Psychology.

The Directorate of Health of the Command or Chief of Staff of each Army will assume the functions of directing, coordinating, managing and, where appropriate, executing the actions related to psychology in the field of the respective Army.

Additional provision third. Social Institute of the Armed Forces.

1. The position of Managing Director of the Social Institute of the Armed Forces is deleted.

2. The Secretary-General, in addition to the tasks assigned to him by Article 10 of Royal Decree 296/1992 of 27 March 1992 on the restructuring of the composition, operation and powers of the governing and administration bodies of the Institute Social of the Armed Forces, will assume those that correspond to the Managing Director of the Social Institute of the Armed Forces.

3. References to the Managing Director of the Social Institute of the Armed Forces, which shall be included in the provisions in force, shall be construed as references to the Secretary-General of the said Institute.

Additional provision fourth. Removal of organs.

The following units are deleted: Office of Information and Social Relations of the Defense and Subdirectorate General of Cultural Action and Historical Heritage.

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

Units and jobs with an organic level below the general sub-directorate will continue to remain and will be paid from the same budgetary appropriations until the corresponding or the corresponding Catalogue of jobs of the Department adapted to the organic structure of this Royal Decree. Such adaptation, in no case, may lead to an increase in public expenditure.

The units and posts in the organs deleted by this Royal Decree shall be provisionally attached, by means of a resolution of the Deputy Secretary, until the corresponding relations or the corresponding catalogues of jobs, to the bodies regulated in this Royal Decree according to the powers assigned to them.

Single repeal provision. Regulatory repeal.

1. Royal Decree 2206/1993 of 17 December 1993 establishing the Defence Delegations is hereby repealed as soon as the provisions of the first provision of this Royal Decree are laid down.

2. All provisions of the same or lower rank shall be repealed as opposed to the provisions of this Royal Decree.

Final disposition first. Powers of development.

The Minister of Defense is empowered to adopt the measures necessary for the development and implementation of this Royal Decree, prior to the implementation of the appropriate legal procedures.

Final disposition second. Budgetary changes.

The Ministry of Finance will make the necessary budgetary changes to comply with the provisions of this Royal Decree, which, under no circumstances, will be able to generate an increase in public spending.

Final disposition third. Entry into force.

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

Dado en Madrid a 26 de enero de 2001.

JOHN CARLOS R.

The Minister of Public Administration,

JESUS POSADA MORENO