The Development Cooperation Council was set up by Royal Decree 795/1995 of 19 May, establishing and regulating the Development Cooperation Council, in compliance with the provisions of the 20th Additional Provision. The ninth of Law 42/1994 of 30 December 1994 on fiscal, administrative and social measures.

However, the entry into force of Law 23/1998 of 7 July 1998 on International Cooperation for Development, in particular Article 21 and the final provision, requires the Council to adapt its functions and composition to the new legislative reality.

This Royal Decree also seeks to increase the capacity for action and effectiveness of the Council, to the effect of which several measures have been taken. The reduction in the number of representatives of the General Administration of the State seeks to strengthen the autonomy of the Council, without prejudice to the fact that the presence of the same guarantees the fluidity of communication with the official bodies. In addition, the number of experts is raised, which will certainly contribute to ensuring the soundness of the technical content of the discussions. Finally, the administrative and operational aspects are adequately addressed through the Secretariat and the allocation to the Council of the necessary economic resources.

In its virtue, on the proposal of the Minister of Foreign Affairs, with the approval of the Minister of Public Administrations, after the opinion of the Development Cooperation Council, according to the Council of State and previous deliberation of the Council of Ministers at its meeting on 14 January 2000,

D I S P O N G O:

Article 1. Nature and membership.

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

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

Article 2. Functions.

1. These are Council functions:

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

b) Report the proposal for a director plan and an annual international cooperation plan.

c) To know the results of the follow-up document of the annual plan and the evaluation of the cooperation.

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

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

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

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

Article 3. Composition.

1. The Council shall be composed of 21 members, favouring in its composition a balanced participation of women and men. Its President shall be the Secretary of State for International Cooperation and for Ibero-America, to which the provisions of the second paragraph of Article 24.1 (c) of Law 30/1992 of 26 November shall not apply.

2. The Council shall have two Vice-Presidents, elected by the plenary, respectively, from among the members of the groups referred to in paragraphs (a) and (b) of the following paragraph.

3. The vowels will be distributed as follows:

a) Six on behalf of non-governmental development organizations (NGDOs). They will be proposed by the association of NGDOs with greater implementation at the state level, regardless of whether they are members of it or not, and can include a representative of civic movements of development cooperation among them.

(b) Six on behalf of the social partners in cooperation, as well as private institutions and bodies acting in the field of development cooperation. They will be distributed as follows: two by the most representative trade union organisations at the state level; two by the most representative business associations at the state level; one by the universities, proposed by the Council of Universities, and one by human rights associations as private bodies.

(c) Eight experts proposed by consensus of the members of the Council, including at least one expert on gender and development issues.

4. In cases of sickness absence or any other justified cause, the members referred to in paragraphs (a) and (b) of the previous paragraph may be replaced by alternates.

5. The Secretary-General of the Spanish Agency for International Cooperation, the Director of the Office of Planning and Evaluation of the Secretariat of State for International Cooperation and for International Cooperation, will participate in the Council, with a voice but without a vote. Ibero-America, and a representative of the Ministry of Economy and Finance, with the rank, at least, of the Director-General, who may be replaced by alternates.

6. He shall be the Secretary of the Council, with a voice but without a vote, a civil servant in the Ministry of Foreign Affairs.

Article 4. Appointment, mandate and cessation.

1. The groups represented in the Council shall propose their respective members to the Minister for Foreign Affairs, who shall make the corresponding appointments.

The Minister of Foreign Affairs shall also appoint the experts proposed in accordance with Article 3.3.c.

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

3. The cessation of the members of the Council, as referred to in paragraph 2, shall take place by one of the following:

(a) For the expiry of the period of his term of office, without prejudice to paragraph 2 of this Article.

b) At the request of the group that has proposed his appointment.

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

d) For having been convicted of a crime.

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

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

Article 5. Operation.

1. The Council shall meet in ordinary session, at least four times a year and in extraordinary session at the initiative of its President or at the request of the absolute majority of its members.

2. The Council may, on a permanent basis or for specific questions, constitute working committees. The composition of these bodies must be consistent with the proportionality and the presence of the various groups of members. The Commissions shall be chaired by a member of the Council appointed by the President.

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

Article 6. Operating costs.

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

Single additional disposition. Constitution of the Council.

The Development Cooperation Council will be constituted within three months of the entry into force of this Royal Decree.

First transient disposition. Choice of vowels.

For the purposes of complying with the provisions laid down in paragraph (c) of Article 3.3, the vowels appointed in accordance with the provisions of paragraphs (a) and (b) shall meet under the chairmanship of the senior vowel. age.

Second transient disposition. Transitional arrangements.

The Council constituted under Royal Decree 795/1995, of 19 May, will continue to exercise its functions until the constitution of the foreseen in the present Royal Decree.

Single repeal provision. Regulatory repeal.

As many rules of the same or lower rank are repealed or are contrary to the provisions of this Royal Decree and, in particular, Royal Decree 795/1995 of 19 May.

Single end disposition. Entry into force.

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

Given in Madrid on January 14, 2000.

JOHN CARLOS R.

The Minister of Foreign Affairs,

ABEL MATUTES JUAN