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Royal Decree 76/2000, Of 21 January, Amending Royal Decree 1883 / 1996, Of 2 August, Basic Organic Structure Of The Ministry Of Defence.

Original Language Title: Real Decreto 76/2000, de 21 de enero, por el que se modifica el Real Decreto 1883/1996, de 2 de agosto, de Estructura Orgánica Básica del Ministerio de Defensa.

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The process of full professionalization of the Armed Forces, established in May 1998 by the Joint Commission of the Diputados-Senate constituted to the effect, required a new regime of personnel for its members, which has been defined in Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces.

As a consequence of its entry into force and in parallel with its regulatory development, it is intended to implement a policy of personnel that is joint, flexible, personalized, decentralized and incentive of merit and capacity, that to respond to the principles of individualization, transparency and dialogue, and to bear in mind the importance of the new profile of the category of troops and marineria that is included, together with the military personnel and the military in addition, in the concept of professional military. This means, among other things, that their training, which is absolutely essential in the future, is integrated into the military education system and not only, as in the case of the replacement military, in the training process and in the training process. training.

Law 17/1999 also establishes a rigorous system for the planning of human resources and the identification of templates and important measures in the area of inspection of the personnel regime of the members of the Armed Forces, as well as the conditions of life on ships, bases and waterings. It also highlights the role of military health in the logistic and operational field and in care and integrates the tasks related to psychology in the Military Corps of Health.

All this makes it advisable to proceed to a partial modification of the Royal Decree 1883/1996, of 2 August, of basic organic structure of the Ministry of Defense, to regulate the tasks of inspection in the field of the Deputy Secretary of Defense; restructure the management centers most directly related to personnel policy and give a new approach to the body responsible for military health.

In this sense, the tasks related to the planning of human resources are reinforced in the Directorate-General of Personnel; in the General Directorate of Recruitment and Military Teaching, all that specifically refers to to the troops and marineria, with the orientation of their full professionalization and assuming the tasks related to the reservists, but maintaining during the transitional period until the definitive suspension of the military service related to the military replacement and power the organ responsible for the system of military education.

The General Inspection of Defense Health is assigned the management of the military hospital network and the coordination of the logistic-operational support of the military health.

On the other hand, the increasingly active presence of the Armed Forces on the international scene, in particular in peace and crisis management operations, the full integration of Spain into international organizations Security and defence, and the need to deal with multiple tasks in matters relating to security and defence policy, require, among other things, greater convergence with the approaches of our partners and allies, as well as a Monitoring and a continuous assessment of the evolution of certain situations international.

It advises to review the structure of the Directorate General of Defense Policy in order to adapt its functions to the new requirements of the international scenario and to proceed to a redistribution of the tasks that develop their subordinate bodies to which a new name is given more in line with the functions that are now assigned to them.

In its virtue, at the initiative of the Minister of Defense and on the proposal of the Minister of Public Administrations and after deliberation of the Council of Ministers at its meeting of the day 21 January 2000,

D I S P O N G O:

Article first. Amendment of Article 12.

1. A new paragraph is added to Article 12 (1) of Royal Decree 1883/1996 of 2 August, of basic organic structure of the Ministry of Defence, with the following wording:

"It is also up to him to exercise the function of inspection in regard to the personnel regime of the members of the Armed Forces, as well as to the conditions of life on ships, bases and waterings."

2. Paragraph (j) is added to Article 12 (2) of Royal Decree 1883/1996 of 2 August 1996 of the basic organic structure of the Ministry of Defence, with the following wording:

"2.j) To direct, coordinate and control the actions related to the inspection of the personnel regime of the members of the Armed Forces, as well as the conditions of life on ships, bases and waterings."

3. A new paragraph 10 is added to Article 12 of Royal Decree 1883/1996 of 2 August, of basic organic structure of the Ministry of Defence, with the following wording:

" 10. The inspection of the personnel regime of the members of the Armed Forces and of the conditions of life on ships, bases and aquartelings may be carried out by the Subdirectorates General of Military Personnel, Military Education and of Troop and Marineria, which shall act as inspection bodies in the field of their respective competences, or by means of the Staff of the Armies. "

Article 2. New wording of Articles 6, 14, 15 and 18.

Articles 6, 14, 15 and 18 of Royal Decree 1883/1996, of 2 August, of basic organic structure of the Ministry of Defense, are redrafted in the following terms:

1. " Article 6. Directorate-General for Defence Policy.

1. The Directorate-General for Defence Policy is the chief executive officer of the Minister in the preparation, planning and direction of the Defence Policy.

2. In particular, the following functions correspond to:

a) Constituir the working organ of the National Defense Board.

b) To prepare the directives on defence policy and military policy, as well as to coordinate their activities.

c) Coordinate with other Departments the general planning of the Defense.

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

e) Propose the regulations, plan and manage the collaboration of the Armed Forces with the civil authorities for emergency situations at national level and, in coordination with the Ministry of Foreign Affairs, at the level "

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

g) Plan and manage the international aspects of the defence policy, except those referred to in paragraph (h) below, in coordination with the Ministry of Foreign Affairs and without prejudice to the principle of unity of action of the State.

(h) Plan and manage 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 External action of the State.

i) Prepare international treaties, agreements, conventions and conferences of interest to the national defense, except those included in paragraph (j) below, in coordination with the higher organs of the Department in the the scope of their respective powers, and with the Ministry of Foreign Affairs.

j) Prepare international treaties, agreements, conventions and conferences related to confidence-building, arms control, and peace support measures, in coordination with the Department's higher bodies, in the field of their respective powers, and with the Ministry of Foreign Affairs.

(k) Follow and evaluate, in the field of security and defence policy, the development of the international situation, maintaining appropriate coordination with the ministerial departments concerned, in particular with the Ministry of Foreign Affairs.

l) 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 for the Driving of Crisis Situations, without prejudice to the the external action unit of the State.

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

4. The Directorate-General for Defence Policy is composed of the following units, with an organic level of general sub-direction:

a) General Subdirection of Defense Plans and International Relations, which develops the

functions referred to in paragraph 2.a), b), c), g) and i) of this Article.

(b) Subdirectorate-General for Cooperation and Civil Defence, which develops the functions referred to in point (2.d), (e), (f), (h), (j), (k) and (l) of this Article.

5. 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 Directorate of Defense Policy. July 14.

6. It is attached to the Directorate General of Defense Policy, with the organic level of general subdirection, the Spanish Institute of Strategic Studies, which develops the functions attributed to it in Article 7 of Decree 1237/1970, of April 30, in addition to the generals of preparing, planning and developing the policy of promotion, dissemination and promotion of National Defense. "

2. " Article 14. Directorate-General for Personnel.

1. The Directorate-General of Personnel is the executive center to which the planning of the human resources policy of the Department corresponds and the programming and development of this policy in relation to the military of the career, the complement military personnel, civil servants and employees, at the service of the Ministry of Defense, as well as the supervision and direction of their execution. For these purposes, the competent bodies in the fields of the autonomous community and the autonomous bodies shall be responsible for this Directorate-General.

It also corresponds to the management and coordination in the field of human resources management of the Common Corps and the Armed Forces Religious Assistance Service.

2. In particular, the following functions correspond to:

(a) To direct and coordinate the necessary studies, for the elaboration in the framework of the planning of the military defense of the human resources management plans of the Department and the provisions of places of the Armed Forces.

b) To direct and coordinate the planning of military personnel in accordance with the forecasts to be established in the planning of military defense, drawing up reports and proposals on evolution, cost, and Programming of human resources of the Department.

c) Coordinate and process, as well as elaborate, in the event that their determination is attributed to the Assistant Secretary of Defense, the revision and updating of the organic and destination templates, the relations of posts, numerical tables and the job catalogues of the Department.

d) Develop and propose the rules governing the regime of the Corps, Escalas and specialties of the military personnel and coordinate their implementation.

e) Develop and propose the arrangements for the adaptation of the remuneration system of the members of the Armed Forces, as well as inform and formulate proposals on those issues that have an impact on the Armed Forces. Manage and deal with matters related to this subject, the resolution of which corresponds to the Minister and the Assistant Secretary of Defense, as well as to manage and exercise those other matters that are attributed to it by the current regulations.

f) Plan, control and coordinate the information system for the management of Department personnel.

g) Develop and propose the rules governing the general staff regime and the military status of the members of the Armed Forces and coordinate their implementation.

(h) Manage, with respect to military personnel in the career and in addition to the staff of the service of religious assistance, the competencies attributed to the Minister and the Assistant Secretary of Defense, as well as to manage and exercise those tasks. other information that is attributed to it by the current regulations.

i) Develop, propose and direct the policy of social action for military personnel, as well as manage the plans and programs derived from it, without prejudice to the management competencies that correspond to other bodies.

j) to process the files, to recognize the passive rights and to grant the benefits of passive classes caused by the military personnel.

k) Direct the registration of career and complement military personnel.

l) Develop and propose the specific regulations on civil, civil, and labor personnel of the Department, in the framework of the generals for civil servants and labor personnel in the service of the Administration of the State, as well as its application.

m) Manage the competencies that, with respect to the civilian personnel, have been attributed to the Minister and the Assistant Secretary of Defense, as well as to manage and to exercise those other that are attributed to it by the current regulations.

n) Develop and propose the provisions on remuneration that, with respect to civilian personnel, are the responsibility of the Department.

Manage and deal with matters related to this subject, the resolution of which corresponds to the Minister and the Assistant Secretary of Defense, and to manage and exercise the powers assigned to it by the current regulations.

n) Develop, propose and direct the policy of social action for civilian personnel, in accordance with the regulations and agreements in force in the framework of the General Administration of the State.

3. The Directorate-General for Personnel shall be composed of the following units, with an organic level of Subdirección General:

(a) Subdirectorate General of Human Resources Planning and Costs, which develops the functions referred to in paragraph 2, a), b), c), d), e) and f) of this article.

(b) General Subdirectorate of Military Personnel, which develops the functions referred to in paragraph 2, (g), (h), (i), (j) and (k) of this Article.

(c) Subdirectorate General of Civil Personnel, which develops the functions referred to in paragraph 2, (l), (m), (n) and (n) of this Article.

4. They depend on the Directorate-General for Personnel:

a) Archbishopric Castrense.

b) Administrative Unit of the Royal and Military Orders of San Fernando and San Hermenegildo.

3. Article 15. Directorate-General for Military Recruitment and Teaching.

1. The Directorate-General for Military Recruitment and Teaching is the leading management centre, in the framework of general planning and human resource management plans, the preparation, planning and development of the procurement policy. resources, training and teaching of military personnel and reservists and the specific regime of the troops and mariners, as well as the supervision and direction of their execution.

For these purposes, the organs of the Armies that have competence in the subjects mentioned will be functionally dependent on this Directorate General.

2. In particular, the following functions correspond to:

(a) Develop and direct the collection of human resources and, where appropriate, manage the incorporation into the Armed Forces of the career military, the complement military, the professional troops of troops and marineria, and the reservists.

b) To direct and supervise the execution of the recruitment functions by means of the agencies, centers and agencies concerned with the recruitment and selection of military personnel for the Armed Forces.

(c) Designing and ordering the system of military education, as a unitary system integrated in the general education system as a whole, in the field of military training, military training and higher education military studies.

d) Develop and propose the general guidelines of the curricula for military training for the training of the career military, the complement military and the military personnel of troops and marineria, as well. how to coordinate the drafting of the relevant curricula. It is also up to him to coordinate the training plans for reservists.

e) To elaborate and propose the general regime of the military teaching centers, students and teachers.

f) Propose, prior to the report of the General Quarters of the Armies concerned, the creation, transfer, coordination, unification or suppression of military teaching centers.

g) To direct the teachings of the staff of the Armed Forces ' Common Corps, the teachings of a joint nature, and the functioning of the teaching centers directly dependent on this Directorate General.

h) Promote and direct the establishment of relations and concerts with universities and educational institutions, civil and military, to carry out joint activities, teach and develop research programmes or other type of collaboration. When it comes to international or foreign bodies, it will coordinate its action with the Directorate General for Defence Policy.

It will also promote the collaboration of the General Administration of the State, of the autonomous and local institutions and of the cultural, social and business entities with the military teaching centers.

i) Develop and propose the specific regime of the professional troops of troops and marineria and coordinate their implementation.

(j) Manage, with respect to the personnel of troops and marineria and the reservists, the competences attributed to the Minister and the Assistant Secretary of Defense, as well as to manage and to exercise those other that are attributed to him by the rules in force.

k) Establish and coordinate the implementation of the quality of life plans specifically for the military personnel of troops and marineria.

(l) Develop and develop the mechanisms for the professional military personnel of troops and marineries to access professional modules, vocational training and occupational training programs that enable them to Labour reintegration.

m) Compose and implement a plan of professional departures, both in the Armed Forces and in the field of public administrations or in the private business sector, at the end of their temporary commitment to the Forces Armed.

n) To direct the registration of troop and marine personnel and reservists.

3. The Directorate-General for Military Recruitment and Teaching shall be composed of the following units, with an organic level of Subdirección General:

(a) Subdirectorate General of Recruitment, which develops the functions referred to in paragraph 2, (a) and (b) of this Article.

(b) General Military Teaching Subdirectorate, which develops the functions referred to in paragraph 2, (c), (d), (e), (f), (g) and (h) of this Article.

(c) General Subdirectorate of Troop and Marineria, which develops the functions referred to in paragraph 2, (i), (j), (k), (l), (m) and (n) of this Article. "

4. " Article 18. General Inspection of Defence Health.

1. The General Inspection of Defence Health is the body responsible for the preparation, planning and development of health policy. In the framework of the general planning and management plans of resources derived from the planning of the military defense, it corresponds to the specific planning of the material and financial resources assigned to it, as well as the integration of the general needs of human resources. It is also the advice of the Department's higher bodies in the field of military health.

2. Without prejudice to their nature and organic membership, the Health Directorates of the Armies shall be responsible for this inspection.

Therefore, the General Inspection of Defence Health may issue technical instructions addressed to these Directorates to ensure the best use and integration of the available resources and the maximum degree of health coverage and effectiveness in the Armed Forces.

In particular, the following functions correspond to:

a) Develop studies and proposals on military health in its medical, pharmaceutical, veterinary, dental, psychological and nursing aspects. In the logistic-operational field, it will be done in accordance with the operational requirements established in the planning of the military defense.

b) Coordinate the logistic and operational health supports according to the guidelines received from the Chief of the Defense Staff and, in his case, the Chiefs of the Major States of the Army of the Earth, the Navy, and the Air.

(c) To direct the management of the military hospital network, as well as to direct and coordinate the medical-expert activities and preventive medicine in the field of the Armed Forces.

d) Manage the management and production of pharmaceutical products and coordinate with the Armies the pharmaceutical support and the supply and maintenance of the sanitary material.

e) Coordinate, and where appropriate manage, veterinary support in matters related to bromoatology and food inspection, hygiene and environmental health and veterinary assistance to animals of military interest.

f) To direct, coordinate and, where appropriate, execute the actions related to psychology in the Armed Forces.

g) Develop and propose health agreements.

(h) Relating, in coordination with the Directorate-General for Defence Policy, with international bodies in the field of its competence.

4. The position of Inspector General of Defense Health will be performed by a Division General of the Military Corps of Health in active duty.

5. 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 Inspector General of Health will take precedence over the other charges of the Military Corps of Health. "

Article 3. Amendment of Article 13.

Paragraph (d) of Article 13 (2) of Royal Decree 1883/1996, of 2 August, of basic organic structure of the Ministry of Defence, is worded as follows:

"d) Lead, coordinate and, where appropriate, implement the actions related to social studies."

Single additional disposition. Removal of organs.

The following units are deleted:

(a) Deputy Director General for Coordination, Plans and Civil Defense.

b) Subdirectorate General for International Defense Affairs.

c) General Subdirectorate of Military Personnel and Pensions Costs.

(d) Subdirectorate-General for Military Education and Training.

e) General Subdirection of Profits and Professional Promotion.

First transient disposition. General Inspection of Defence Health.

As long as there is no integration of military hospitals, as well as other health centers that will be determined in their case, in a single health network, their management, which corresponds to the General Inspection of Health of the Defense, it will be carried out through the corresponding organs of the Armies.

As long as there is no change in the composition and functions of the Armed Forces Superior Medical Tribunal, your Presidency will be the responsibility of the Inspector General of Defense Health.

Second transient disposition. Units and jobs with an organic level lower than Subdirección General.

The units and jobs with the lower organic level to the Subdirectorate General will continue to remain and will be paid from the same budget credits until the corresponding relations are approved or catalogues 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.

The fifth additional provision of Royal Decree 1883/1996 of 2 August, of basic organic structure of the Ministry of Defense, is hereby repealed.

Also, all provisions of equal or lower rank are 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 Minister of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. Entry into force.

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

Given in Madrid to January 21, 2000.

JOHN CARLOS R.

The Minister of Public Administration,

ANGEL ACEBES PANIAGUA