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Royal Decree 22/2000, Of 14 January, Which Regulates The Composition, Powers, Organization And Functions Of The Inter-Territorial Committee On Development Cooperation.

Original Language Title: Real Decreto 22/2000, de 14 de enero, por el que se regula la composición, competencias, organización y funciones de la Comisión Interterritorial de Cooperación para el Desarrollo.

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TEXT

The Spanish Cooperation for Development has shown a great dynamism in recent years, translating the growing sensitivity of our society towards the problems affecting developing countries. Sensitivity that has moved both private social actors and public administrations to participate in this solidarity effort.

Taking into account the fact that both the General Administration of the State, and the Autonomous Communities and the local authorities devote considerable resources to these activities, it seems appropriate that a specific body should be in cooperation and consultation between them, in order to ensure that an appropriate exchange of information and criteria allows for the most appropriate use of the funds which each of the public administrations devotes to the development, within their respective fields of competence.

Law 23/1998, of July 7, of International Cooperation for Development, has echoed this need, creating the Interterritorial Commission for Development Cooperation and enabling the Government to regulate by way of Regulation of its composition and operation.

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.

The Inter-territorial Development Cooperation Commission is an advisory and coordinating body, concertation and collaboration between public administrations that carry out computer expenses as official development assistance. It shall be functionally attached to the Ministry of Foreign Affairs.

Article 2. Objectives.

1. The following are the objectives of the Interterritorial Commission for Development Cooperation:

(a) The coherence and complementarity of the activities carried out by public administrations in the field of development cooperation.

b) The greatest degree of effectiveness and efficiency in the identification, formulation and implementation of development cooperation programmes and projects driven by the different public administrations, fully autonomous to those effects, within the framework of their respective competences.

c) The involvement of public administrations in the formation of the master plan and the annual plan, as well as in the definition of their priorities.

Article 3. Functions.

These are the functions of the Interterritorial Development Cooperation Commission:

(a) Dictate on a prior basis the master plan and the annual plans, within a maximum of two months from the date of their referral by the Government.

b) Propose the inclusion in the director plan and in the annual plans of cooperation of projects jointly financed by the different public administrations.

c) Promote joint actions among the various public administrations for the identification, formulation and implementation of development cooperation programmes and projects.

d) To know and, where appropriate, to discuss, in advance the programming of cooperation of the Autonomous and Local Administrations, seeking their articulation and harmonious complementation with the principles, objectives and priorities that guide the official development assistance.

e) To carry out regular monitoring of the implementation of projects involving the Autonomous and Local Administrations.

f) Promote the creation of a common database that includes programs and cooperation projects for the development of both the General Administration of the State and other public administrations, as well as provisions of all of them that have an impact on development cooperation.

g) Issue the reports and opinions that any of the public administrations ask about matters in their competence.

(h) Any other action agreed by the plenary, in the field of its powers.

Article 4. Composition.

1. The Interterritorial Development Cooperation Commission shall act in plenary and in the Standing Committee.

2. The plenary session shall be composed of the President, three Vice-Presidents, one Registrar and the members of the Committee, who are determined by paragraph 7 of this Article.

3. It will be President of the Minister of Foreign Affairs, who can be replaced by the First Vice President, in cases of absence, illness or any other justified cause.

4. He will be First Vice President of the Secretary of State for International Cooperation and Latin America.

5. A representative of the Autonomous Communities elected by and among the members of the Commission shall be the second Vice-President of the Commission.

6. A representative of the local authorities elected by and among the members of the Commission shall be the third Vice-President of the Commission.

7. They will be members of the Commission's plenary session:

(a) The Secretary of State for Trade, Tourism and Small and Medium-sized Enterprises.

b) The Secretary-General of the Spanish Agency for International Cooperation and a representative with category at least Director-General of the Ministry of Foreign Affairs; two representatives, with category at least Director general, for each of the Ministries of Economy and Finance and Public Administrations; a representative, with the same category, for each of the Ministries of Justice, Interior, Development, Education and Culture, Labor and Social Affairs, Industry and Energy, Agriculture, Fisheries and Food, Health and Consumer Affairs, and the Environment; and Director of the Office of Planning and Evaluation of the Secretariat of State for International Cooperation and for Latin America.

(c) A representative of each of the Autonomous Communities and the Cities of Ceuta and Melilla, who must be a member of the Consejeria or equivalent body, which in each one of them manages the matters related to the development cooperation, with a rank not less than the Director-General.

(d) 19 representatives of local authorities who manage funds conceptualised in their respective budgets as official development assistance, or of supra-specific bodies in which they expressly delegate, in particular the Cooperation and Solidarity Funds; they will be chosen by the state-wide association with greater implementation, in accordance with their own internal procedures.

Article 5. The Secretary.

He will act as Secretary, with a voice but no vote, an official of the Ministry of Foreign Affairs, appointed by the head of this Department.

Article 6. Replacements.

In cases of absence, disease or any other justified cause, the vowels may be replaced by alternates. The alternates of the members of the representatives of the General Administration of the State and those of the Autonomous Communities, Cities of Ceuta and Melilla shall have a minimum rank of Subdirector general or assimilated. The alternates of the vowels representing the Local Administration shall be in a range comparable to the previous ones.

Article 7. Assistance from experts or officials.

1. Where the nature of the cases to be dealt with so requires, they may attend the meetings of the plenary or of the Standing Committee, with a voice but without a vote, up to two officials from each of the public administrations, representing ministries, Autonomous Communities, Diputations or Councils specifically concerned, who shall request their assistance to the President, through the Vice-President concerned, and at least two working days in advance of the plenary session.

2. Depending on the issues to be addressed, the President may request assistance from experts, with voice but no vote.

Article 8. Appointment and termination.

1. The Minister for Foreign Affairs shall appoint the members of the Commission, except those who are responsible for his position, on a proposal from the corresponding bodies of the General Administration of the State, the Autonomous Governments and the association of local entities with the highest state implementation.

2. The cessation of the members of the Commission is the responsibility of the Minister for Foreign Affairs and may be caused by any of the following:

a) On the initiative of the Entity that proposed the appointment.

b) By resignation accepted by the Minister of Foreign Affairs, as President of the Commission.

c) For having been convicted of a criminal offence by a firm sentence.

Article 9. Standing Committee.

1. They are functions of the Standing Committee:

(a) Ensure the coordination of the Commission's work and ensure its continuity.

(b) To ensure compliance with the agreements adopted by the plenary and the ongoing actions resulting from them.

(c) to resolve the issues which, as a matter of urgency, are addressed to the Commission, taking account of the full action taken.

d) Propose issues to discuss and raise motions for resolutions to the Commission's plenary session.

e) How many tasks are delegated or assigned to them by the plenary.

2. The Standing Committee shall be composed of the first Vice-President of the Plenary, who shall act as President of the Plenary Session, and the following vowels:

(a) The Secretary-General of the Spanish Agency for International Cooperation, which shall replace the President of the Commission in cases of absence, disease or any other justified cause.

b) Two vowels by the General Administration of the State, of which one will be elected by the representatives of the same in the plenary, among themselves, and the other will be one of the representatives of the Ministry of Economy and Hacienda en said plenum.

(c) Three vowels elected by representatives of the Autonomous Communities and Cities of Ceuta and Melilla in plenary, among themselves.

d) Three vowels elected by the representatives of the local entities in the plenary, among themselves.

3. He will be Secretary of the Permanent Commission of the Plenary.

Article 10. Operation.

1. The plenary session shall meet at least twice a year and, in any event, when the President calls it on his own initiative or request, at least one third of its members.

2. The Standing Committee shall meet at least four times a year and, in any event, at least one third of its members shall be convened by its Chairman or at least one third of its members.

3. By agreement of the plenary session or the Permanent Commission, papers, working groups or specialized committees may be established for the best performance of their purposes.

4. Without prejudice to the peculiarities of this Royal Decree, the functioning of the Commission shall be governed by its own rules of operation and by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

Article 11. Economic-financial regime.

The Ministry of Foreign Affairs will pay attention to the operating expenses of the Interterritorial Development Cooperation Commission, under the ordinary budget of the Secretariat of State for Cooperation International and for Latin America.

Single additional disposition. Constitution of the Commission.

The Interterritorial Development Cooperation Commission shall be constituted within three months of the entry into force of this Royal Decree.

Final disposition first. Rules of Procedure.

Once constituted, the Interterritorial Development Cooperation Commission will proceed to approve its Rules of Procedure, within the guidelines set out in this Royal Decree.

Final disposition second. Development authorization.

The Ministry of Foreign Affairs will dictate the necessary provisions for the development and implementation 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 on January 14, 2000.

JOHN CARLOS R.

The Minister of Foreign Affairs,

ABEL MATUTES JUAN