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Law Organic 8/2000, Of 22 December, On Reform Of The Organic Law 4/2000, Of 11 January, On Rights And Freedoms Of Foreigners In Spain And Their Social Integration.

Original Language Title: Ley Orgánica 8/2000, de 22 de diciembre, de reforma de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

I

On January 12, 2000, the "Official State Gazette" was published in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, having been detected during their term of office. aspects in which the reality of the migratory phenomenon exceeds the norm's forecasts.

At the same time, our rules must be in accordance with the commitments made by Spain, in particular with the conclusions adopted by the Heads of State and Government of the Member States of the European Union on 16 and October 17, 1999 in Tampere on the creation of an area of freedom, security and justice.

The reform of the Organic Law 4/2000 is part of the situation and characteristics of the foreign population in Spain, not only today, but in the face of the coming years, regulating immigration from the consideration of this as a structural fact that has made Spain a country of destination for migratory flows and, because of its situation, also at a point of transit to other States, whose border controls on the routes from ours have been eliminated or substantially reduced.

On the other hand, this regulation is part of a global and coordinated approach to the treatment of the migratory phenomenon in Spain, which contemplates all aspects linked to it from a broad vision, and therefore not only from a single perspective, such as the flow control perspective, the integration of foreign residents, or the co-development of the countries of origin, but all of them together.

II

This Organic Law contains three articles, the first being the modification of the articles of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, while the second article amends the single additional provision, adding a new additional provision, and the third one conforms to the Titles and chapters of the same to the reform carried out.

The Organic Law 4/2000, of January 11, preserves its structure articulated around a preliminary title dedicated to general provisions and where the scope of application of the same one, four Titles, appears and is closed with the appropriate additional, transitional, repeal and final provisions. Title I contains articles dedicated to the "Rights and freedoms of foreigners", Title II on "Legal Regime of Foreigners", Title III "Of the Infractions on Foreign Affairs and its sanctioning regime" and finally the Title IV on the "Coordination of public authorities in the field of immigration".

III

The modification of the Preliminary Title is a mere grammatical improvement in the definition of foreigners, preserving the exclusions of the scope of the law that were established in the Organic Law 4/2000, of January 11.

IV

With regard to the amendment of Title I, the content of which is particularly important, the constitutional mandate of Article 13 has been pursued which establishes that foreigners will enjoy public freedoms in Spain. which guarantees Title I thereof, in the terms laid down in the Treaties and the Law, as well as the case-law in respect of the Constitutional Court (judgments of the Constitutional Court 107/1984 of 23 November 1984; 99/1985 of 30 June 1984). September; 115/1987, 7 July, etc.). This constitutional mandate has been conjugated with the international commitments made by Spain, especially as a member of the European Union.

The Heads of State and Government of the Member States of the European Union agreed in October 1999 in Tampere that a fair deal should be ensured for third-country nationals who were legally resident in the European Union. territory of its Member States. An integration policy should be aimed at granting these residents comparable rights and obligations to those of the citizens of the Union, as well as to encourage the absence of discrimination in economic, social and cultural life and development. of measures against racism and xenophobia.

The amendments made to this Title I of the Law stand out because of the concern to recognize foreigners as the maximum number of rights and freedoms. Article 3 (1) states that, as a general interpretative criterion, it is understood that foreigners exercise the rights granted to them by this Law in conditions of equality with the Spanish.

V

With regard to Title II of the Organic Law, concerning the legal regime of the situations of foreigners, the premise that has informed the modifications made about its articulated has been to establish a regime of situations and permits that encourage foreigners to enter and reside in our country within the framework of regularity, in the face of irregular entry and stay.

This Title has been adapted to the entry, visa regime, stay and extension of stay in the Convention of Application of the Schengen Agreement, while Spain is part of this Agreement.

The situation of temporary residence and permanent residence of foreigners has been maintained, with the possibility of granting a temporary residence permit when humanitarian reasons or circumstances are present. exceptional.

There is a difference between the situation of stateless persons and that of all those foreigners who, not being able to be documented by any country, want to obtain documentation in Spain that accredits their identity.

With regard to the regulation of the work permit authorizing foreigners to carry out gainful activities in Spain for their own or others, the difference between this permit and the mere residence situation is clarified. It is also clear that the treatment granted in this new text to the contingent of foreign workers is also remarkable, with exceptions being made on the basis of circumstances determined by the situation of the foreign worker. In short, a documentary regime is articulated that makes it easier for the foreigner who wants to work in our country, who can do so with all the guarantees and rights.

Finally, it has been modified, in order to bring it into line with the current rules on fees, Chapter IV of this Title, concerning fees for administrative authorizations. The text of the Organic Law 4/2000 only referred to the fees for administrative authorizations to work in Spain.

VI

In Title III, concerning infringements in the field of aliens and their sanctioning regime, amendments have been introduced which can be summarised in two paragraphs: measures relating to the fight against illegal immigration and improvement of mechanisms to prevent illegal immigration.

With regard to the first point, it is necessary to highlight two different issues, such as the sanctions on transport companies and the sanctions directed against those who organise networks for the trafficking of human beings.

The reform includes in the content of the Organic Law, in accordance with the international commitments signed by Spain, as a member of Schengen, sanctions on carriers that move foreigners to Spanish territory without verifying that they meet the requirements for entry.

With regard to sanctions directed against human trafficking, measures are introduced to deepen the fight against such trafficking and exploitation of human beings, allowing for the control of certain activities linked to the or by facilitating the neutralisation of the means used by traffickers.

On the other hand, based on the fact that in a rule of law it is necessary to establish the instruments that allow to make effective the fulfillment of the norms, in this case, of those that govern the entry and stay in territory Spain, which has been introduced as a punishable offence with expulsion of illegal stay in the Spanish territory, thus seeking to increase the State's capacity for action in the control of illegal immigration, to the the level of other Member States of the European Union, which count in their legal systems with the the possibility of expelling foreigners in this situation, a criterion reflected in the conclusions of the Tampere European Council.

VII

Finally, regarding Title IV of the Organic Law, concerning the coordination of public authorities in the field of immigration, the definition of the Forum for the Social Integration of Immigrants has been revised, focusing on the role of consultation, information and advice of this body towards the integration of immigrants in Spain, which is one of the main objectives of the Law.

Article first. Reform of the provisions of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

The articles of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, which are then related, will be worded as follows:

1. Article 1 is worded as follows:

" Article 1. Scope delimitation.

1. They are considered to be foreigners, for the purposes of the application of this Law, to those who lack the Spanish nationality.

2. The provisions of this Law shall in any event be without prejudice to the provisions of special laws and international treaties in which Spain is a party. "

2. Article 3 (1) is amended as follows:

" Article 3. Rights of foreigners and interpretation of the rules.

1. Foreigners shall enjoy in Spain the rights and freedoms recognized in Title I of the Constitution in the terms established in the international treaties, in this Law and in those that regulate the exercise of each of them. As a general interpretative criterion, it is understood that foreigners exercise the rights granted to them by this Law in conditions of equality with the Spanish. "

3. Article 5 (2) is worded as follows:

" Article 5. Right to freedom of movement.

2. However, specific limiting measures may be laid down when agreed in the declaration of a state of emergency or place in the terms provided for in the Constitution, and exceptionally for reasons of public security, (a) individualised, motivated and in proportion to the circumstances in each case, by resolution of the Minister of the Interior, adopted in accordance with the legal guarantees of the sanctioning procedure provided for in the Law. The limiting measures, the duration of which shall not exceed the time required and proportional to the persistence of the circumstances justifying the adoption of such measures, may consist of the periodic submission to the competent authorities. and in the distance of borders or nuclei of population concretized singularly. "

4. Article 6 is worded as follows:

" Article 6. Public participation.

1. Foreign nationals residing in Spain may be entitled to vote in municipal elections, on the basis of reciprocity criteria, in terms of law or treaty established for Spaniards resident in Spain. of origin of those.

2. Resident foreigners, registered in a municipality, have all the rights established by such a concept in the legislation of local regime bases, being able to be heard in matters that affect them according to what the application regulations.

3. The Councils shall incorporate the register and keep the information on foreigners residing in the municipality up to date.

4. The public authorities shall facilitate the exercise of the right of foreign nationals to vote in the democratic electoral processes of the country of origin. "

5. Article 7 (1) shall be read as

:

" Article 7. Freedom of assembly and demonstration.

1. Foreigners will have the right of assembly, in accordance with the laws that govern them for Spaniards and who will be able to exercise when they obtain authorization to stay or reside in Spain. "

6. Article 8 is worded as follows:

" Article 8. Freedom of association.

All foreigners will have the right of association, in accordance with the laws that regulate them for Spaniards and that they will be able to exercise when they obtain authorization of stay or residence in Spain. "

7. Article 9 is worded as follows:

" Article 9. Right to education.

1. All foreigners under the age of eighteen have the right and duty to education under the same conditions as the Spanish, which includes access to a basic, free and compulsory education, to obtain academic qualifications. and access to the public system of grants and grants.

2. In the case of child education, which is voluntary, public administrations shall ensure that there are sufficient places to ensure that the population at the request of the population is educated.

3. Foreign residents will have the right to education of a non-compulsory nature under the same conditions as the Spanish. In particular, they will have the right to access the levels of education and teaching not provided for in the previous paragraph and to obtain the qualifications corresponding to each case, and access to the public system of grants and grants.

4. Public authorities will promote that foreign residents who need it can receive a teaching for their better social integration, with recognition and respect for their cultural identity.

5. Resident aliens may access the performance of activities of a teaching or scientific research in accordance with the provisions in force. They may also create and direct centres in accordance with the provisions in force. "

8. Article 10 is worded as follows:

" Article 10. Right to work and social security.

1. Foreign nationals who fulfil the conditions laid down in this Law and in the provisions which they develop shall have the right to pursue a paid activity on their own or an employed person, as well as access to the social security system, compliance with existing legislation.

2. Foreigners resident in Spain may, on an equal footing with nationals of the Member States of the European Union, have access to the service of public administrations, in accordance with the principles laid down in Article 1 (1) of the Treaty. constitutional equality, merit and capacity, as well as that of advertising. To this end, they may be offered for public employment which is to be referred to by public administrations. "

9. Article 11 is worded as follows:

" Article 11. Freedom of syndication and strike.

1. Foreigners shall have the right to be free or to join a professional organisation, under the same conditions as Spanish workers, who may be able to exercise when they obtain authorisation to stay or reside in Spain.

2. Similarly, when they are authorised to work, they may exercise the right to strike. "

10. Article 13 is worded as follows:

" Article 13. Right to housing aid.

Foreign residents have the right to access the public housing aid system under the same conditions as Spaniards. "

11. Article 15 (1) shall be read as

:

" Article 15. Holding the foreigners to the same taxes as the Spaniards.

1. Without prejudice to the provisions of the applicable international double taxation agreements, foreigners shall be subject, in general, to the same taxes as the Spanish. "

12. Article 16 (2) and (3) shall be worded as

:

" Article 16. Right to family privacy.

2. Foreigners resident in Spain have the right to regroup with them the family members that are determined in Article 17.

3. The spouse who has acquired the residence in Spain for family reasons and family members with the group will retain the residence even if the marriage bond that gave rise to the acquisition is broken.

Reglamentarily, it will be possible to determine the previous time of coexistence in Spain that has to be credited in these cases. "

13. A second paragraph is added to Article 17 and the first paragraph of Article 17 is worded as follows, with the deletion of points (e) and (f) of this Article, and two new articles are added with numbers 18 and 19:

" Article 17. Regrouping relatives.

1. The resident foreigner has the right to regroup with him in Spain to the following relatives:

(d) The ascendants of the regrouping or their spouse, when they are in office and there are reasons to justify the need to authorize their residence in Spain.

2. The conditions for the exercise of the right of regrouping and, in particular, those of those who have acquired the residence by virtue of a regrouping shall be determined.

Article 18. Procedure for family reunification.

1. Foreigners wishing to exercise this right must apply for a residence permit for family reunification in favour of the members of their family who wish to regroup. At the same time, they must provide proof that they have adequate accommodation and sufficient means of subsistence to meet the needs of their family once regrouped.

2. They may exercise the right to regroup with their family members in Spain when they have legally resided for one year and are authorised to reside at least another year.

3. Where the application for family reunification is accepted, the competent authority shall issue in favour of the members of the family who are to regroup the residence permit, the duration of which shall be equal to the period of validity of the authorisation of the family. residence of the person requesting the regrouping.

4. The conditions for the exercise of the right of regrouping by those who have acquired the residence by virtue of a regrouping shall be determined.

Article 19. Effects of family reunification in special circumstances.

1. The spouse may obtain an independent residence permit when:

a) Get an authorization to work.

b) Acreditite to have lived in Spain with your spouse for two years. This time limit may be reduced when circumstances of a family nature warrant it.

2. The regrouped children will obtain an independent residence permit in the following cases:

a) When they reach the age majority.

b) When they obtain an authorization to work. "

14. Article 18 (2) and (3) are amended, and a new paragraph is added, and as follows, in an article that becomes 20:

" Article 20. Right to effective judicial protection.

2. The administrative procedures laid down in respect of foreign nationals shall in any event respect the guarantees provided for in the general legislation on administrative procedures, in particular as regards the advertising of the rules, contradiction, hearing of the person concerned and statement of reasons, except as provided for in Article 27 of this Law.

3. The administrative procedures will be legitimized to intervene as interested organizations legally constituted in Spain for the defense of immigrants, expressly designated by them.

4. In the case of foreign-administrative litigation, the entities that are affected by the terms provided for in Article 19.1.b) of the Law Regulatory of that jurisdiction shall be entitled to intervene. "

15. Article 19 (2) is worded as follows, in an article which becomes 21:

" Article 21. Right to appeal against administrative acts.

2. The system of enforceability of administrative acts in the field of foreign nationals shall be provided for in general in the legislation in force, except as provided for in this Law for the processing of expulsion files with a character preference. "

16. Article 20 is worded as follows, with a further 22:

" Article 22. Right to free legal assistance.

1. Foreigners who are in Spain and who do not have sufficient financial resources in accordance with the criteria laid down in the rules on legal aid are entitled to it in the administrative or judicial procedures which may be lead to the refusal of their entry, their return or expulsion from the Spanish territory and in all asylum procedures. In addition, they will be entitled to interpreter assistance if they do not understand or speak the official language used.

2. Foreign residents who credit insufficient economic resources to litigate will be entitled to free legal assistance in equal conditions as Spaniards in the processes in which they are a party, whichever is the jurisdiction in which they are followed. "

17. Article 21 (2) (e) shall be read in the following terms and shall become Article 23:

" Article 23.2.e)

e) Indirect discrimination means any treatment arising from the adoption of criteria which harm workers because of their status as foreigners or because they belong to a particular race, religion, ethnicity or nationality. "

18. Article 23 (1) shall be worded as follows, and shall be 25:

" Article 25. Requirements for entry into Spanish territory.

1. A foreigner intending to enter Spain must do so for the posts entitled to the effect, being provided with the passport or travel document attesting to his identity, which is considered valid for that purpose under international conventions. signed by Spain and not subject to express prohibitions. It shall also provide the documents to be determined on the basis of the subject matter and conditions of stay, and to prove sufficient means of life for the time it intends to stay in Spain, or to be in a position to obtain legally such means. "

19. Article 24 shall be worded as follows, and shall be 26:

" Article 26. Prohibition of entry into Spain.

1. They may not enter Spain, or obtain a visa for that purpose, foreign nationals who have been expelled, for the duration of the entry ban, as well as those who are prohibited by another legally established cause or under agreements international in which Spain is a party.

2. Foreign nationals who do not comply with the conditions laid down for entry shall be denied them by means of a reasoned decision, with information on the resources they may bring against them, the time to do so and the authority to whom they must formalise it, and its right to legal assistance, which may be of its own motion, and of interpreter, which shall commence at the same time as the check at the border post. '

20. Article 25 shall be read as follows, and shall be 27:

" Article 27. Issuing of the visa.

1. The visa will be requested and issued at the Spanish Diplomatic Missions and Consular Offices, and will enable the foreigner to present himself at a Spanish border post and apply for his entry. Exceptionally, stay visas may be requested and issued in the post enabled for entry.

2. The specific rules of the procedure for granting and issuing visas, as provided for in the additional provision of Law No 30/1992 of 26 November 1992, shall be laid down. The personal appearance of the applicant may be required in that procedure.

3. The exercise of the right to grant or deny visas shall be subject to the international commitments in force in this field and shall be directed to the fulfilment of the purposes of the foreign policy of the Kingdom of Spain and other public policies. Spain or the European Union, such as immigration policy, economic policy and citizen security policy.

4. Other criteria to which the granting and refusal of visas are to be submitted may be laid down by regulatory means for exceptional cases.

5. The refusal of a visa shall be justified in the case of residence visas for family reunification or for work as an employed person. If the refusal is due to the fact that the visa applicant is included in the list of persons not eligible under the Convention implementing the Schengen Agreement of 14 June 1990, he shall be notified accordingly in accordance with the rules established by that Convention.

The resolution shall express the remedies against it, the body before which they shall be submitted and the time limit for bringing them together. "

21. Article 26 (3) (c) shall be worded as follows, and shall be 28:

" Article 28. From the departure of Spain.

3.c) Administrative refusal of requests made abroad to continue to remain in Spanish territory, or lack of authorisation to meet in Spain. "

22. Two new paragraphs are added to Article 27, which are listed as 2 and 3, as follows, with the original wording of this Article being read as paragraph 1 of this Article, with 29:

" Article 29. Enumeration of situations.

2. Temporary and permanent residence, as well as the extension of stay, must be authorized by the Ministry of the Interior.

3. It is resident foreigners who have obtained a temporary residence permit or permanent residence permit. "

23. Article 28 (3) is amended as follows, and a new paragraph is inserted in this article, which is listed as 4, and 30:

" Article 30. Situation of stay.

3. In the case of entry with a visa, where the duration of the visa is less than three months, the stay may be extended, which shall in no case be more than three months, within a period of six months.

4. In the case of entry without a visa, where exceptional circumstances warrant it, the stay of a foreigner in the Spanish territory may be authorised for more than three months. '

24. Article 29 (2), (3), (4) and (5) are amended as follows, with the addition of two new paragraphs, with the corresponding numbering of 31:

" Article 31. Temporary residence status.

2. The situation of temporary residence shall be granted to the foreigner who accredits sufficient means of life to attend to his living and subsistence expenses, including, where appropriate, those of his family, during the period of time for which the request without the need for gainful activity, propose to carry out an economic activity for own or other account and have obtained the administrative authorization to work as referred to in Article 34 of this Law, or the right to family reunification. The criteria for determining the adequacy of the means of life referred to in this paragraph shall be laid down in regulation.

3. The Administration may grant temporary residence permits to foreigners who have obtained such a permit at the time and would not have been able to renew it, as well as to those who credit a stay in Spanish territory for a period of time. minimum period of five years. The conditions for access to temporary residence on this route will be determined, in particular as regards the justification of the economic means of subsistence, and continued permanence in the territory.

4. A temporary residence permit may be granted where humanitarian reasons, exceptional circumstances or when a situation of rootedness is established, in the cases provided for in regulation.

5. In order to authorize the temporary residence of a foreigner, he must have a criminal record in Spain or in his previous countries of residence for crimes existing in the Spanish law and not appear as being rejected in the space of countries with which Spain has signed an agreement in this regard. The possibility of renewing the residence permit for foreigners who have been convicted by the commission of a crime and have served the sentence, those who have been pardoned, or who have been pardoned, will be assessed, depending on the circumstances of each case. are in the situation of conditional remission of the penalty.

6. Foreigners with temporary residence permits shall be obliged to bring to the attention of the Ministry of the Interior the changes of nationality and domicile.

7. Exceptionally, for humanitarian reasons or for cooperation with the courts, the Ministry of the Interior may exempt from the obligation to obtain the visa for foreigners who are in Spanish territory and satisfy the requirements for obtain a residence permit. Where the exemption is requested as a resident's spouse, the circumstances of Articles 17 and 18 must be met and the co-existence at least for one year must be established and the spouse must be entitled to reside at least another year. "

25. Article 30 (2) shall be worded as follows, and shall be 32:

" Article 32. Permanent residence.

2. Those who have had temporary residence for five years on a continuous basis shall be entitled to permanent residence. The residence shall be deemed to have been continued even if for periods of holiday or other reasons which are regulated by law, they have temporarily left the national territory. On a regulatory basis and exceptionally, the criteria will be laid down so that the deadline for special links with Spain will not be required. "

26. Article 31 is worded as follows, with a further 33:

" Article 33. Special arrangements for students.

1. A foreign student whose coming to Spain will have the sole or principal purpose of cursing or extending studies or carrying out research or training, not paid for work, in any of the educational institutions or in the Spanish, public or private scientists, officially recognised.

2. The duration of the authorisation of stay by the Ministry of the Interior shall be equal to that of the course for which it is registered.

3. The authorisation shall be extended on an annual basis if the holder shows that he continues to meet the conditions required for the issue of the initial authorisation and that he fulfils the conditions required by the teaching centre to which he attends, verified the performance of the studies.

4. Foreigners admitted for study purposes shall not be entitled to carry out a paid activity on their own or an employed person. However, in so far as this does not limit the continuation of the studies, and in the terms which are regulated, they may exercise remunerated activities on a part-time basis or on a fixed term.

By way of derogation from Article 10.2 of this Law, foreigners admitted for study purposes may be hired as work staff at the service of public administrations in accordance with the terms and conditions laid down in this Law. in this article.

5. The performance of work in a family to compensate for the stay and maintenance in the same while improving the linguistic or professional knowledge will be regulated according to the provisions of the international agreements on placement '' au pair ''. "

27. Article 32 is worded as follows, with a further 34:

" Article 34. Residence of stateless persons, undocumented persons and refugees.

1. The Minister of the Interior shall recognize the status of stateless persons who demonstrate that they have no nationality, meet the requirements of the Convention on the Status of Patron, made in New York on 28 September 1954, and shall issue them with the documentation provided for in Article 27 of the said Convention. The status of a stateless person shall include the specific rules to be determined.

2. The foreigner who is present at the Ministry of the Interior's office, stating that for any insurmountable cause, different from the appatridia, cannot be documented by the authorities of any country and that it wishes to be documented by Spain, after practicing the relevant information, you may exceptionally obtain, in the terms that you regulate, an identification document that accredits your registration in the related dependencies. In any event, the requested documentation shall be refused where the petitioner is in breach in some of the cases referred to in Article 26.

Foreigners who have obtained such registration and wish to remain in Spain will be required to grant a valid residence permit during the validity of the said document. They may also apply for the granting of work permits for the time indicated, under the same conditions as other foreigners.

Those who wish to travel abroad will also be provided with a travel title.

3. The favourable resolution on the request for asylum in Spain will entail the recognition of the refugee status of the applicant, who will have the right to reside in Spain and to develop work, professional and commercial activities of in accordance with the provisions of Law 5/1984 of 26 March, regulating the right of asylum and refugee status, as amended by Law 9/1994 of 19 May 1994 and its implementing legislation. Such a condition shall constitute its non-refoulement or expulsion in accordance with Article 33 of the Convention on the Status of Refugees, which was made in Geneva on 28 July 1951. "

28. Article 33 is worded as follows, with a further 35:

" Article 35. Residence of minors.

1. In cases where the State Security Corps and Forces locate an undocumented alien whose age minority cannot be established safely, the competent services for the protection of minors shall be given the attention (a) the immediate knowledge of the Ministry of Public Health, which will have the determination of its age, will be made available to the public, in accordance with the provisions of the law on the legal protection of the child; appropriate health institutions which shall, as a matter of priority, carry out the necessary tests.

2. If the age is determined, the tax ministry shall make it available to the competent services for the protection of minors.

3. The State Administration, in accordance with the principle of family reunification of the minor and previous report of the child protection services, shall decide on the return to his or her country of origin or the country where his or her family members are located. or, failing that, on their stay in Spain.

4. The residence of minors who are tutored by a public administration is considered to be regulated for all purposes. At the request of the body exercising the protection and once the impossibility of return with his family or the country of origin has been established, a residence permit shall be granted to him, the effects of which shall be rolled back to the time the child has been has been made available to the child protection services.

5. The Corps and the State Security Forces will adopt the necessary technical measures to identify undocumented foreign minors, in order to know the possible references that may exist in some cases. national or foreign public institution in charge of its protection. This data may not be used for a purpose other than that provided for in this paragraph. "

29. Article 34 is worded as follows, with a further 36:

" Article 36. Authorization for the realization of gainful activities.

1. Foreigners over the age of 16 to engage in any gainful, employment or professional activity must obtain, in addition to the residence permit or stay authorization, an administrative authorization to work.

2. Where the alien intends to work for his or her own account or is employed, exercising a profession for which a special qualification is required, the granting of the permit shall be conditional upon the holding and, where appropriate, type-approval of the corresponding title. It will also be conditional upon the collegial, if the laws so require.

3. Employers who wish to recruit a foreigner who is not authorised to work must obtain prior authorisation from the Ministry of Labour and Social Affairs in accordance with the provisions of paragraph 1 of this Article. The absence of the corresponding authorisation by the employer, without prejudice to the responsibilities to which it takes place, shall not invalidate the employment contract with respect to the rights of the foreign worker.

4. Special criteria for certain nationalities may be applied in the initial grant of the administrative authorisation to work according to the principle of reciprocity. "

30. Article 35 is worded as follows, with a further 37:

" Article 37. Self-employed work permit.

In order to carry out economic activities on a self-employed basis, as a trader, industrial, farmer or artisan, it shall be established that it has requested the appropriate administrative authorisation, where appropriate, and comply with all the requirements that the current legislation requires of nationals for the opening and operation of the projected activity and obtain from the Ministry of Labour and Social Affairs the authorization provided for in Article 36 of this Law. "

31. Article 36 is worded as follows, with a further 38:

" Article 38. The work permit for an employed person.

1. For the initial grant of the work permit, in the case of employed persons, the national employment situation shall be taken into account.

2. The work permit shall be less than five years and may be limited to a given territory, sector or activity.

3. The work permit shall be renewed at its expiry if:

(a) The contract or offer of work that led to its initial concession is renewed or renewed, or when a new offer of employment is provided on the terms that are regulated.

(b) Where a contributory unemployment benefit has been granted by the competent authority in accordance with the provisions of the Social Security legislation, for the duration of the benefit.

(c) Where the alien is a beneficiary of a public health care delivery intended to achieve his or her social or employment insertion within the period of time of the social or employment provision.

(d) When circumstances are present that are established in a regulated manner. From the first concession, the permits shall be granted without limitation of geographical scope, sector or activity. "

32. Article 38 is worded as follows, with a further 39:

" Article 39. The contingent of foreign workers.

The Government, taking into account the national employment situation, the proposals that raise the autonomy of the Autonomous Communities and after hearing of the Superior Council of Immigration Policy and of the trade union organizations (a) more representative business, shall establish annually, whenever there is a need for labour, a quota for this purpose in which the number and characteristics of the job vacancies offered to foreign workers shall be fixed which are not resident in Spain, indicating sectors and professional activities. For these purposes, the proposals which may be raised by the Autonomous Communities shall include the number of job vacancies and the professional characteristics of workers. "

33. Article 39 shall be worded as follows, with a further 40:

" Article 40. Specific assumptions.

The national employment situation shall not be taken into account when the contract of employment or the offer of placement is addressed to:

(a) The coverage of trusted positions under the conditions set out in regulation.

b) The spouse or child of foreign resident in Spain with a renewed permit.

c) The holders of a prior authorization of work that are intended to be renewed.

d) The workers required for the renovation assembly of a production facility or equipment.

(e) Those who would have enjoyed the status of refugees during the year following the cessation of the application of the 1951 Geneva Convention on the Status of Refugees for the reasons set out in Article I.C. 5.

(f) Those who would have been recognised as stateless persons and those who had lost the status of stateless person the year following the termination of that status.

g) Foreigners who are in their ascendancy or descendants of Spanish nationality.

h) Foreigners born and resident in Spain.

i) Spanish children or grandchildren of origin.

j) Foreign minors in working age with residence permits who are tutored by the competent child protection entity, for those activities which, at the discretion of the aforementioned entity, promote their integration social, and once credited with being unable to return with their family or country of origin.

k) Foreigners who obtain the residence permit in accordance with the procedure laid down in Article 31.3 of this Law. Such permission shall be for one year. "

34. Article 40 is worded as follows, with a further 41:

" Article 41. Exceptions to the permit to work.

1. Obtaining work permit for the following activities will not be required:

a) Foreign technicians and scientists, invited or hired by the State, Autonomous Communities or local Entes.

b) Foreign teachers invited or hired by a Spanish university.

c) Foreign teaching staff and teachers, cultural institutions and teachers dependent on other states, or private ones, of accredited prestige, officially recognized by Spain, that develop in our country cultural programmes and teachers from their respective countries, as long as they limit their activity to the implementation of such programmes.

d) Civil or military officials of foreign state administrations who come to Spain to develop activities under cooperation agreements with the Spanish Administration.

e) Foreign social media correspondents, duly accredited, for the exercise of information activity.

(f) Members of international scientific missions carrying out work and research in Spain, authorised by the State.

g) Artists who come to Spain to perform specific actions that do not involve a continuous activity.

h) Ministers, religious or representatives of the different churches and confessions, duly registered in the Registry of Religious Entities, as long as they limit their activity to strictly religious functions.

i) Foreigners who are part of the organs of representation, government and administration of the internationally approved trade unions, provided that they limit their activity to strictly union functions.

j) Spaniards of origin who would have lost Spanish nationality.

2. The procedure for crediting the exception will be established.

3. Also, foreigners in permanent residence status as established in Article 32 of this Organic Law will not be required to obtain the work permit. "

35. Article 41 is worded as follows, with a further 42:

" Article 42. Special arrangements for seasonal workers.

1. The Government shall regulate the work permit for foreign workers in seasonal or campaign activities which permits them to enter and leave the national territory in accordance with the characteristics of the said campaigns and the information provided to you by the Autonomous Communities where they are promoted.

2. In order to grant work permits, it must be ensured that seasonal workers are housed in appropriate conditions of dignity and hygiene.

3. Public administrations shall promote the assistance of appropriate social services. "

36. Article 42 is worded as follows, with a further 43:

" Article 43. Cross-border workers and transnational provision of services.

1. Foreign workers who, residing in the border area, develop their activity in Spain and return to their place of residence on a daily basis must obtain the corresponding administrative authorization, with the requirements and conditions under which General regime authorisations are granted.

2. The conditions for the work permit in the framework of transnational services will be established in accordance with the current regulations. "

37. Article 43 is worded as follows, with a further 44:

" Article 44. Taxable fact.

1. The fees shall be governed by this Law and by the other regulatory sources which are set out in Article 9 of Law 8/1989 of 13 April, of Fees and Public Prices.

2. The taxable fact of the fees is the granting of the administrative authorisations and the issuing of the identity documents provided for in this Law, as well as their extensions, modifications and renewals; in particular:

(a) The issuance of entry visas in Spain.

b) The granting of authorizations for the extension of the stay in Spain.

c) The granting of residence permits in Spain.

d) The granting of work permissions.

e) The award of study cards.

f) The issuance of undocumented identity documents. "

38. Article 44 is worded as follows, with a further 45:

" Article 45. Accrual.

The fees shall be payable when the authorization, extension, modification, or renewal is granted, or when the document is issued. "

39. Article 45 shall be worded as follows, with a further 46:

" Article 46. Taxable persons.

1. The persons in whose favour the authorisations are granted or the documents referred to in Article 44 shall be subject to the payment of the fees, except in the case of a work permit for an employed person, in which case the employer or the employer shall be liable employer.

2. Any agreement by which the employed person assumes the obligation to pay in whole or in part the amount of the fees established by the concession, renewal, modification or extension of the contract of employment shall be null and void. '

40. Article 46 is worded as follows, with a further 47:

" Article 47. Exemption.

They will not be obliged to pay the fees for the issuance of work permits by the Ibero-American, Filipino, Andorran, Equatoguineans, Sephardies, children and grandchildren of Spanish or Spanish of origin, and the foreign born in Spain, when they intend to carry out a gainful, employment or professional activity, on their own. "

41. Article 47 is worded as follows, with a further 48:

" Article 48. Amount of fees.

1. The amount of the fees shall be established by ministerial order of the competent departments.

2. The rules determining the amount of the fees shall be accompanied by an economic-financial memory on the cost of the activity concerned and on the justification of the proposed amount, which shall be in accordance with the provisions of the Articles 7 and 19.2 of Law 8/1989 of 13 April.

3. It is considered essential elements and criteria of quantification, which can only be modified by standard of the same range, the following:

(a) On the issue of entry visas in Spain, the limitation of the effects of the visa on airport transit, the length of stay, the number of authorised entries, as well as, where appropriate, the fact that the visa is not issue at the border. Account shall also be taken in determining the amount of this fee for additional costs arising from the issue of visas where, at the request of the person concerned, procedures such as courier, mail or mail are to be used. electronic, express mail, fax, telegram or conference call.

(b) In the granting of authorisations for the extension of stay in Spain, the duration of the extension.

(c) In the granting of residence permits, the duration of the permit, as well as its final or temporary nature, and, within the latter, the fact that it is the first or subsequent concessions or their renewals.

(d) In the granting of work permits, the duration of the permit, its extent and scope, the character and the modalities of the relationship as an employed person, as well as, where applicable, the amount of the agreed salary.

e) In the award of study cards, the duration of the permit and the fact that it is the first or subsequent concessions or their renewals.

In any case, it will be a quantitative criterion of the individual or collective character of the permits, extensions, modifications or renewals.

4. The amounts of the fees for the issue of visas shall be in accordance with the review applicable under Community law. They shall also be accommodated in the amount that may be established by application of the principle of reciprocity. '

42. Article 48 is worded as follows, with a further 49:

" Article 49. Management, collection and self-validation.

1. The management and collection of the fees shall be the responsibility of the competent bodies in the various ministerial departments for the granting of authorizations, modifications, renewals and extensions, and for the issue of the documentation to which referred to in Article 44.

2. The taxable persons shall be obliged to carry out tax self-settlement transactions and to make the amount of their amount to the Treasury where this is provided for in a regulation. "

43. Article 46 of the Organic Law 4/2000, of January 11, on sanctioning power, changes its numbering, becoming Article 50.

44. Article 47 of the Organic Law 4/2000, of 11 January, on types of infringements, changes its numbering, becoming Article 51.

45. Article 51 is worded as follows, with a further 52:

" Article 52. Minor infractions.

These are minor violations:

(a) The omission or delay in the communication to the Spanish authorities of changes of nationality, marital status or domicile, as well as other circumstances determining their employment status when they are required by the applicable rules.

b) The delay, up to three months, in the request to renew the authorizations once they have expired.

c) Finding yourself working in Spain without having applied for administrative authorization to work for your own account, when you have temporary residence permits. "

46. Article 52 is worded as follows, with a further 53:

" Article 53. Serious infringements.

These are serious violations:

(a) To be irregularly found on Spanish territory, for not having obtained or having expired for more than three months the extension of stay, the authorization of residence or similar documents, when they are enforceable, and provided that the The person concerned has not requested the renewal of the same within the prescribed time limit.

b) To be found working in Spain without having obtained work permit or prior administrative authorization to work, when there is no valid residence permit.

c) Incur in the form of an obligation to inform the Ministry of the Interior of changes affecting nationality, marital status or domicile.

(d) Failure to comply with the measures imposed by reason of public security, periodic presentation or removal of borders or nuclei of population concretized, in accordance with the provisions of this Law.

e) The commission of a third minor infraction, provided that within a period of a previous year it has been sanctioned by two minor faults of the same nature.

f) The participation by the foreigner in carrying out activities contrary to the public order foreseen as serious in the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security.

g) The departures of the Spanish territory by non-authorized posts, without exhibiting the documentation provided for or in violation of the legally imposed prohibitions. "

47. Article 53 is worded as follows, with a further 54:

" Article 54. Very serious infringements.

1. These are very serious violations:

(a) Participate in activities contrary to the foreign security of the State or which may impair the relations of Spain with other countries, or be involved in activities contrary to the public order envisaged as very serious in The Organic Law 1/1992, of 21 February, on the Protection of Citizen Security.

(b) To produce, promote, encourage or facilitate, as part of a profit-making organisation, illegal immigration of persons in transit or destined for Spanish territory, provided that the fact does not constitute a crime.

(c) Conduct of discrimination on racial, ethnic, national or religious grounds under the terms of Article 23 of this Law, provided that the fact does not constitute a crime.

(d) The hiring of foreign workers without having obtained the corresponding work permit on a prior basis, incurring an infringement for each of the employed foreign workers.

e) The commission of a third serious infringement provided that within a period of a previous year it has been sanctioned for two serious faults of the same nature.

2. They are also very serious infringements:

(a) The transport of foreigners by air, sea or land, to the Spanish territory, by the persons responsible for the transport, without having verified the validity and validity of the passports, titles of relevant travel or identity documents, such as, where applicable, a visa, from which the foreign persons referred to are to be holders.

(b) Failure to comply with the obligation of carriers to take over without a loss of time from abroad transported which, due to deficiencies in the documentation referred to above, has not been authorised to enter into Spain.

This obligation shall include the maintenance costs of the said foreigner and, if requested by the authorities responsible for the control of entry, the transport derivatives of that foreign country, which shall be immediately, either by means of the company which is the subject of a sanction or, failing that, by another transport undertaking, with a view to the State from which it has transported it, to the State which has issued the travel document with which it has travelled or to any other State where their admission is guaranteed.

The above two letters are also understood in the case where air or sea transport is carried out from Ceuta or Melilla to any other point in the Spanish territory.

3. Notwithstanding the provisions of the foregoing Articles, it shall not be deemed to be in breach of this Law to transport to the Spanish border a foreigner who, having submitted his application for asylum without delay, is admitted to processing, in accordance with the provisions of Article 4.2 of Law 5/1984 of 26 March, as amended by Law 9/1994 of 19 May. '

48. Article 54 is worded as follows, with a further 55:

" Article 55. Penalties.

1. The offences listed in the preceding articles shall be sanctioned in the following

:

(a) The minor infractions with a fine of up to 50,000 pesetas.

b) Serious infractions with a fine of 50,001 up to 1,000,000 pesetas.

c) Very serious violations with fine from 1,000,001 to 10,000,000 pesetas.

2. It shall be the responsibility of the Deputy Government Delegate or the Government Delegate in the Uniprovincial Communities to impose the penalties for the administrative offences set out in this Organic Law.

In the cases referred to as a minor infringement of Article 52.c (b), in the case of selfemployed persons, in the case of self-employed persons, and very serious of Article 54 (1) (d), the sanctioning procedure shall be initiated by the the Inspection of Labour and Social Security, in accordance with the provisions of the sanctioning procedure for violations of the social order, corresponding to the imposition of the sanctions against the authorities referred to in the preceding paragraph.

3. For the purposes of the graduation of the sanctions, the body competent to impose them shall comply with the criteria of proportionality, assessing the degree of guilt and, where appropriate, the damage or risk arising from the offence and its significance.

4. In order to determine the amount of the penalty, account shall be taken of the economic capacity of the offender.

5. Unless they belong to a third party not responsible for the infringement, in the case of Article 54 (1) (b), vehicles, vessels, aircraft, and any movable or immovable property of any kind shall be seized. the nature of the infringement has been used as a tool for the commission.

In order to ensure the effectiveness of the comiso, the goods, effects and instruments referred to in the previous paragraph may be apprehended and placed at the disposal of the governmental authority, from the first interventions, to results of the sanctioning file that will resolve the relevant in relation to the seized goods.

6. In the event of the infringement provided for in Article 54 (1) (d) of this Law, the governmental authority may, without prejudice to the appropriate sanction, adopt the closure of the establishment or premises from six months to five years. "

49. Article 52 of the Organic Law 4/2000 of 11 January on the limitation of infringements and penalties changes their numbering, becoming Article 56.

50. Article 56 is worded as follows, with a further 57:

" Article 57. Expulsion from the territory.

1. Where the offenders are foreign nationals and carry out the conduct of the typified as very serious, or serious conduct as referred to in Article 53 (a), (b), (c) and (f) of this Organic Law, it may be applied instead of the fine the expulsion of the Spanish territory, subject to the processing of the relevant administrative file.

2. It will also be the cause of expulsion, after the processing of the relevant file, that the foreigner has been convicted, in or out of Spain, for a wilful conduct that constitutes in our country a crime punishable by deprivation of A maximum of one year, unless the criminal record has been cancelled.

3. In no case shall the penalties for expulsion and fine be imposed together.

4. The expulsion shall, in any event, result in the extinction of any authorization to remain in Spain for which the expelled foreigner was a holder.

5. The expulsion penalty may not be imposed, unless the offence committed is that provided for in Article 54 (1) (a), or a recidivism in the commission within one year of an infringement of the same nature. punishable by expulsion, to foreigners who are in the following cases:

(a) Those born in Spain who have legally resided in the last five years.

(b) Those who are recognised as permanent residence.

(c) Those who have been Spanish of origin and have lost Spanish nationality.

(d) Those who are beneficiaries of a permanent disability benefit for work as a result of an accident at work or occupational disease occurring in Spain, as well as those who receive a benefit (a) contributory to unemployment or to be beneficiaries of a public health care provision intended to achieve social or occupational integration or reintegration.

6. The spouses of foreigners, relatives and children who are minors or disabled in any of the situations mentioned above may not be expelled from abroad. They may have been legally resident in Spain for more than three years. two years, or pregnant women when the measure may present a risk to the pregnancy or to the health of the mother.

7. When the foreigner is prosecuted or indicted in a procedure for crimes punishable by a custodial sentence of less than six years, the Judge may authorize, after hearing the Prosecutor, his departure from the Spanish territory, always the requirements laid down in the Criminal Procedure Act, or their expulsion, are complied with, if it is found to have been obtained in accordance with the provisions of the preceding paragraphs of this Article, after substantiation of the relevant sanctioning administrative procedure.

The forecasts contained in the preceding paragraph shall not apply in the case of offences defined in Articles 312, 318 a, 515.6., 517 and 518 of the Criminal Code.

In the case of foreigners not legally resident in Spain and who are convicted of a firm sentence, the provisions of Article 89 of the Penal Code will apply.

8. Where foreigners, whether resident or not, have been convicted of such offences as offences under Articles 312, 318, 515.6., 517 and 518 of the Criminal Code, expulsion shall take effect once the custodial sentence has been completed.

9. The expulsion order must be notified to the person concerned, with an indication of the remedies which may be brought against it, a body to which they must be submitted and the time limit for submitting them. "

51. Article 57 is worded as follows, with the transition to 58:

" Article 58. Effects of eject and return.

1. Any expulsion shall entail the prohibition of entry into Spanish territory for a minimum period of three years and a maximum of 10 years.

2. No expulsion file shall be required for the return of foreigners in the following cases:

(a) Those who have been expelled contravene the prohibition of entry into Spain.

b) Those who intend to enter the country illegally.

3. Where an application for asylum is made by persons who are in one of the cases referred to in the preceding paragraph, the refund may not be carried out until the admission to the proceedings of the application has been decided. request, in accordance with the asylum rules.

Pregnant women may also not be returned when the measure may pose a risk to pregnancy or to the health of the mother.

4. The return will be agreed upon by the governmental authority responsible for expulsion.

5. The repayment agreed upon in accordance with paragraph 2 (a) shall result in the re-initiation of the calculation of the entry ban period which would have agreed to the order for the expulsion of the broken expulsion. Also, in this case, where the return cannot be carried out within a period of seventy-two hours, the governmental authority shall request from the judicial authority the intended detention measure for the expulsion files. "

52. Article 55 of the Organic Law 4/2000, of 11 January, on collaboration against organized networks, changes its numbering, becoming Article 59.

53. Article 59 is worded as follows, with a further 60:

" Article 60. Return.

1. Foreigners who are not allowed to enter the country at the border will be returned to their point of origin as soon as possible. The governmental authority that agrees on the return shall be directed to the Judge of Instruction if the return is to be delayed for more than seventy-two hours to determine the place where they are to be interned until the time of the return.

2. The places of detention for foreigners will not be penitentiary, and will be equipped with social, legal, cultural and health services. Foreign nationals shall be deprived only of the outpatient right.

3. The foreign national during his detention will be at all times available to the judicial authority that authorized him, and any circumstance in relation to the situation of the foreigners should be communicated to the governmental authority. boarding.

4. The detention of a foreigner for return purposes shall be communicated to the Ministry of Foreign Affairs and to the embassy or consulate of your country. "

54. Article 60 is worded as follows, with a further 61:

" Article 61. Precautionary measures.

1. During the processing of the sanctioning file in which the expulsion proposal is made, the governmental authority responsible for its resolution may agree, at the request of the instructor and in order to ensure the effectiveness of the final resolution, that may relapse, some of the following precautionary measures:

a) Regular submission to the competent authorities.

b) Mandatory residence in a given place.

(c) Withdrawal of the passport or certificate of his nationality, after delivery to the person of proof of such a measure.

(d) Precautionary detention, by the governmental authority or its agents, for a maximum period of seventy-two hours prior to the request for detention.

In any other alleged detention, the judicial provision shall be made within a period of not more than seventy-two hours.

e) Preventive interment, prior to judicial authorization in detention centers.

2. In the case of penalties in the case of infringements by hauliers, if they infringe the obligation to take charge of illegally transported abroad, the suspension of their activities may be agreed upon, the provision of sureties, avales, or the immobilization of the means of transport used. "

55. Article 61 is worded as follows, with a further 62:

" Article 62. Admission to detention centres.

1. Where the file relates to foreigners for the reasons referred to in Article 54 (1) (a) and (b), and (a), (d) and (f) of Article 53, in which the expulsion of the affected person is to be proposed, the governmental authority may to propose to the Judge of the competent Instruction that he/she has access to an internment center as long as the processing of the sanctioning case is carried out. The judicial decision in relation to the application for detention of the alien pending expulsion shall be taken in a reasoned order, after hearing the person concerned.

2. Detention shall be maintained for the time required for the purposes of the file, without in any event not exceeding 40 days, nor shall a new detention be agreed for any of the reasons provided for in the same file. The court decision authorising it, taking into account the circumstances in each case, may set a maximum period of duration of the detention lower than that referred to.

3. Minors in which the presumed cases for detention are met shall be made available to the competent services for the protection of minors. The Judge of Minors, prior to the favorable report of the Fiscal Ministry, will be able to authorize his admission to the internment centers of foreigners when they are also his parents or guardians, so request these and there are modules that guarantee the privacy family.

4. The opening of the file, the precautionary detention and detention measures and the final decision of the expulsion file from abroad shall be communicated to the Ministry of Foreign Affairs and to the embassy or consulate of your country. '

56. Article 62 is worded as follows, with a further 63:

" Article 63. Preferred procedure.

1. The processing of removal files, in the cases referred to in Article 54 (1) (a) and (b), as well as (a), (d) and (f) of Article 53, shall be of a preferential nature.

2. Where the investigation is given the opportunity to decide on the expulsion, the reasoned proposal shall be moved to the person concerned, in order to ensure that he or she considers appropriate within the period of 48 hours. In the cases where the preventive detention of a foreigner has been carried out, he shall be entitled to legal assistance which shall be provided to him, where appropriate, and to be assisted by interpreter, and free of charge in the event that he or she is not of economic means.

3. In the case of Article 53 (a), where the foreign national proves that he has previously applied for a temporary residence permit by reason of his/her position, in accordance with the provisions of Article 31.4 of this Law, the body responsible for The removal of the removal shall continue, where appropriate, by the procedure laid down in Article 57.

4. The execution of the expulsion order in these cases shall be carried out immediately. "

57. Article 63 is worded as follows, with a further 64:

" Article 64. Execution of the eject.

1. Once the expulsion order has been notified, the foreigner will be obliged to leave the Spanish territory within the period to be fixed, which in no case may be less than seventy-two hours, except in cases where the Preferential procedure. In the event of non-compliance, detention and driving shall be carried out to the place of departure for which the expulsion is to be effective. If the expulsion cannot be carried out within a period of seventy-two hours, the measure of internment laid down in the preceding Articles may be applied for, which may not exceed 40 days.

2. The execution of the expulsion order shall be carried out at the expense of the foreign country if it has economic means. Otherwise, it shall be communicated to the diplomatic or consular representative of his country for the appropriate purposes.

3. The enforcement of the expulsion order shall be suspended when a request for asylum is formalised, until it has been admitted to processing or resolved, in accordance with the provisions of the asylum rules.

4. The opening of the expulsion file for the transfer, escorted by officials, of the applicants for asylum whose application has been inadmissible pursuant to Article 5.6 (e) of Law 5/1984, shall not be required. On 26 March, when another State is responsible for examining the application, in accordance with the international conventions in which Spain is a party, when such a transfer takes place within the time limits which the State responsible has the obligation to proceed to the study of the application. "

58. A new Article is added with the number 65, which is worded as follows:

" Article 65. The use of resolutions on foreigners.

1. The administrative penalties shall be used in accordance with the provisions of the laws. The system of enforceability of the same shall be that provided for in general.

2. In any event, where the foreigner is not in Spain, he may be able to take the resources, both administrative and judicial, through the corresponding diplomatic or consular representations, who shall forward them to the competent body. '

59. A new article is added with the number 66, which is worded as follows:

" Article 66. Obligations of carriers.

Any carrier, carrier, or carrier shall be obliged to:

(a) To carry out the proper verification of the validity and validity of the relevant passports, travel certificates or identity documents, as well as of the corresponding visa, of which the holders will be entitled foreign.

In the light of the special circumstances of land transport, the obligations referred to in the preceding paragraph shall apply exclusively to the international land transport of passengers and only from the the time when the modalities, limitations, requirements and conditions of their compliance are regulated by the Government.

(b) Take charge immediately of the foreigner who has moved to the relevant air, sea or land border of the Spanish territory, if the latter has been refused entry for deficiencies in the documentation required for the crossing of borders.

(c) Transport to that foreign country either to the State from which it has transported it, or to the State which has issued the travel document with which it has travelled, or to any other State where its admission. "

60. Article 60 of the Organic Law 4/2000, of January 11, on the coordination of the organs of the State Administration, changes its numbering, becoming the new article 67.

61. Article 61 of the Organic Law 4/2000 of 11 January on the Higher Council for Immigration Policy changes its numbering, becoming the new Article 68, adding a paragraph 3, which is worded as follows:

" Article 68.

3. The Government shall supplement and regulate, by means of Royal Decree, the composition, functions and operating arrangements of the High Council for Immigration Policy. "

62. A new article is added with the number 69, which is worded as follows:

" Article 69. Support for the associative movement of immigrants.

The public authorities will encourage the strengthening of the associative movement among immigrants and support the unions, business organizations and non-governmental organizations that, without profit, promote their social integration by providing them with financial support, both through the general programmes and in relation to their specific activities. "

63. A new article is added with the number 70, which is worded as follows:

" Article 70. The Forum for the Social Integration of Immigrants.

1. The Forum for the Social Integration of Immigrants, constituted, in a tripartite and balanced way, by representatives of the public administrations, the associations of immigrants and the social organizations of support, among them the trade unions of workers and business organisations with interest and implementation in the field of immigration, is the body of consultation, information and advice on the integration of immigrants.

2. The composition, powers, operating arrangements and administrative arrangements shall be determined. '

Article 2. Reform of the single additional provision of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, and the introduction of a new additional provision.

The single additional provision of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, which is then related, will be worded as follows, plus a second provision second:

1. A new paragraph is added to the single additional provision, which, in addition, becomes the additional provision first:

" Additional disposition first. Maximum time limit for case resolution.

1. The maximum general period for notifying the decisions of the applications for permits to be made by the persons concerned within the meaning of this Law shall be three months from the day following that of the date on which they entered into force. the register of the body responsible for processing them. After the deadline for notifying the decisions of the applications, except as provided for in the following paragraph, they may be deemed to be rejected.

2. Applications for the extension of the residence permit, as well as the renewal of the work permit, to be made by the persons concerned in accordance with the provisions of this Law, shall be resolved and notified within the maximum period of three months. counted from the day following the date on which they entered the register of the body responsible for processing them. After that period without the Administration having given an express reply, the extension or renewal shall be deemed to have been granted. '

2. A new additional provision is added, worded as follows:

" Additional Disposition Second. Sub-committees for Cooperation.

In the light of the territorial situation and the special impact of the migratory phenomenon and the competencies that are recognized in their respective Statutes of Autonomy in the field of work and in the field of (a) social assistance, and in agreement with them, may constitute subcommittees within the Bilateral Cooperation Committees between the State and the Autonomous Communities, in accordance with the provisions of their respective Statutes of Autonomy, to analyze questions about the work and residence of foreigners that affect them directly.

In particular, attention to the geographical situation of the Canary Islands, the fragility of its island territory and its remoteness with the European continent, in accordance with Article 37.1 of its Statute of Autonomy, within the Bilateral Cooperation Commission-State will be constituted by a subcommittee that will know of the issues that directly affect the Canary Islands in matters of residence and work of foreigners. "

Article 3. Reform of Titles, chapters and articles of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

The following Titles, chapters and articles of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration are amended:

1. Title II, 'Legal status of foreigners', includes Articles 25 to 49. Chapter I, 'From the entry and exit of the Spanish territory', includes Articles 25 to 28. Chapter II, "Situations of foreigners", includes Articles 29 to 35. Chapter III, "Of the permit to work and special arrangements", includes Articles 36 to 43. Chapter IV, the heading of which is amended by the following "From fees for administrative authorisations", including Articles 44 to 49.

2. Title III, 'For infringements in the field of aliens and their sanctioning regime', includes Articles 50 to 66.

3. Title IV, 'Coordination of public authorities', includes Articles 67 to 70.

4. Article 22 of the Organic Law 4/2000 becomes Article 24.

Additional disposition first. Criminal Code.

Ministries of Justice and Interior will take the necessary measures to ensure that the Technical Commission, constituted within the Ministry of Justice for the study of the reform of the penal code system, examines the necessary changes in relation to the offences of illegal trafficking of persons, in particular in cases involving organisations which, with a view to profit, favour such traffic.

Additional provision second.

Article 89 of the Criminal Code is amended by the addition of this new paragraph:

" 4. The provisions laid down in the preceding paragraphs shall not apply to foreigners who have been convicted by the commission of offences referred to in Articles 312, 318 a, 515.6., 517 and 518 of the Criminal Code. '

First transient disposition. Validity of the permissions in force.

1. The different permits or cards that enable to enter, reside and work in Spain to the persons included in the scope of this Law that have validity to the entry into force of it, will keep it for the time for the which have been issued.

2. Applications submitted prior to the entry into force of this Law shall be processed and resolved in accordance with the rules in force at the time of application, unless the person concerned requests the application of the provisions of this Law.

3. In their renewal, the initial B work permit holders will be able to obtain a work permit C, and work permits B renewed or C, a permanent permit. The table of equivalences with the permissions before the Law will be established.

Second transient disposition. Rules applicable to the current procedure.

The ongoing administrative procedures will be processed and resolved in accordance with the regulations in force at the time of initiation, unless the person concerned requests the application of this Law.

Transitional provision third. Fees.

Until the forecasts set out in Chapter IV of Title II are developed, the regulatory rules for the fees for granting permits and authorizations for aliens, as well as their modifications, shall remain in force. extensions and renewals.

Transitional disposition fourth.

The Government, by means of Royal Decree, will establish the requirements that allow, without the need to present new documentation, the regularisation of foreigners who are in Spain and who have submitted a request for regularisation under the provisions of Royal Decree 239/2000, of 18 February, have been refused the same, exclusively, because they do not meet the requirement to meet in Spain before 1 June 1999.

Single repeal provision.

1. All rules of the same or lower rank are repealed in that they contradict or oppose this Law.

2. Article 5.III (D) of Law 7/1987, of 29 May, of consular fees, is hereby repealed.

Final disposition first. Articles with range of Organic Law.

1. The following precepts of Law 4/2000 are organic in character, according to the numbering established by this Law, those contained in Title I, except for Articles 10, 12, 13 and 14; Title II, Articles 25 and 31.2 and Title III, Articles 53, 54.1 and 57 to 64. Furthermore, the second, repeal and first paragraph of this final provision of this Law, as well as the first to third provisions of Law 4/2000, are organic in nature.

2. The provisions of this Law, which do not have an organic character, shall be construed as having been given in accordance with the provisions of Article 149.1.1. and 2. of the Constitution.

Final disposition second. Regulation of the Law.

The Government, within six months of the publication of this Organic Law, will approve the Regulation of the Organic Law 4/2000 of 11 January.

Final disposition third. Information on the Law to interested organizations and organizations.

From the time of the entry into force of this Law, the Government will adopt the necessary measures to inform the implementation of the previous legislation that implies the approval of this Organic Law.

Final disposition fourth. Credit rating.

The Government will dictate the necessary provisions to address the costs incurred in the implementation and development of this Law.

Final disposition fifth. Entry into force.

This Organic Law will enter into force in the month of its full publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 22 December 2000.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ