The Ministry of Labour and Social Affairs has been assigned by Royal Decree 1888/1996 of 2 August, among others, the functions of " management, planning, coordination and evaluation of social services, attending to the State obligations in the areas of social welfare, as well as the promotion of cooperation with non-governmental organisations (NGOs) of a national nature in the field of social action. "

The experience accumulated in these years at national and international level, advises to advance the collaboration between the public and private sectors, articulating a system of participation in the diagnosis of needs and in the setting priorities, facilitating cooperation in the development of objectives, promoting strategies which have been proven to be operational in order to increase and render more effective social action policies, especially those aimed at more vulnerable sectors, giving coverage to citizen solidarity, as well as to the emergence of new alternatives in response to new needs; all without undermining the responsibilities that each of the sectors, both public and private, separately correspond to.

The development of non-governmental organizations has brought with it an important extension of its field of action and its social presence. On the other hand, the impetus for a policy of cooperation with organised civil society, supported by Spain within the framework of the European Union, has led to the emergence of interassociative cooperation systems and platforms whose joint work The need for a better readjustment between needs and resources and a greater involvement of society as a whole.

All this makes it easier for non-governmental organizations to carry out their tasks, while at the same time facilitating their participation in the development of social policy.

order to strengthen this participation in the field of sectoral policies directed by the Ministry of Labour and Social Affairs, it is necessary to create an organ in which the organizations are represented. In the case of the State, the Government of the Member State of the European Union, or a preeminent position in a given territorial area, as well as the social entities whose aims are, in both cases, in the field of social action aimed at the most Disadvantaged.

The constitution of this Council will contribute to the development of a policy of coordinated social action, facilitating the collaboration of public authorities with non-governmental organizations and, among them.

In the field of the General Administration of the State, the State Council of Non-Governmental Organizations of Social Action may carry out advisory and advisory functions, of a mandatory nature, where appropriate, the needs to be met through the collaboration of NGOs in identifying the priorities of public policies in the social sphere, as well as the support they need for the development of their tasks.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, with the prior approval of the Minister of Public Administrations and after deliberation of the Council of Ministers at its meeting of 17 December 1999,

D I S P O N G O:

Article 1. Creation, nature and purpose of the State Council of Non-Governmental Organizations of Social Action.

1. The State Council of Non-Governmental Organizations of Social Action is created as a meeting, dialogue, participation and advisory body, in the public policies of social action, which is governed by the provisions of this Royal Decree, in the Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure; Chapter IV, Title II, of Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State, and, where appropriate, by its own operating rules.

The State Council of Non-Governmental Organizations of Social Action is a collegiate body of an interagency and consultative nature, which is attached to the General Administration of the State through the Ministry of Social Action. Labour and Social Affairs.

2. The State Council of Non-Governmental Organizations of Social Action has as its primary objective the participation and collaboration of the associative movement in the development of the social welfare policies framed in the field of powers conferred on the Ministry of Labour and Social Affairs.

Article 2. Functions.

1. In order to comply with the objectives set out in the previous article, the State Council of Non-Governmental Organizations of Social Action will have the functions of advisory and proposal on how many social policy measures can be addressed in the the most vulnerable groups in our society.

In particular, the following functions are attributed to you:

a) Propose social policy measures within the framework of the Ministry of Labour and Social Affairs.

b) Canalize information about non-governmental organizations of social action.

c) To know the normative projects and state plans of the policies of social action with incidence in the field of action of the non-governmental organizations.

(d) To be informed, through its Permanent Commission and with a mandatory nature, of the bases and proposals for the resolution of the calls for grants approved by the Ministry of Labour and Social Affairs under the Tax allocation of the Income Tax of the Physical Persons.

e) To value the most effective systems of cooperation between the Ministry and non-governmental organizations and, where appropriate, to formulate recommendations in terms of social policy.

f) Request, propose and/or carry out the reports or studies that are necessary for the best development of their tasks.

g) Canalize information on the situation of collectives attended by non-governmental organisations, after coordination, where appropriate, with other representative bodies (sectoral councils of older people, young people, or others), in order to achieve the highest possible degree of compliance with their objectives.

(h) Provide non-governmental organisations with information on all issues affecting them, within the legislative and financial framework of the European Union.

i) Relating to similar bodies of the various Spanish public administrations and other countries, in order to coordinate initiatives, actions, proposals, or any other activity, for the achievement of common to the benefit of the persons or groups on whom such purposes are intended.

2. All the functions listed above are attributed without prejudice to those that correspond to other legally established bodies of representation and participation.

Article 3. Composition.

The State Council of Non-Governmental Organizations of Social Action will be constituted by the President, two Vice-Presidents, one Secretary and 30 vowels representing public administrations and organizations. No government of social action. They may also be part of the Council, experts proposed by public administrations or by non-governmental organisations.

Article 4. Presidency and Vice-Presidency.

1. He will be President of the State Council the Minister of Labour and Social Affairs.

2. First Vice President, the head of the General Secretariat for Social Affairs, who will replace the President in case of vacancy, absence or illness.

3. A representative of non-governmental organizations, elected by and among the Council Vocals belonging to NGOs, will be Vice President.

Article 5. Vocals.

1. The vowels representing the General Administration of the State shall be as follows:

1. On behalf of the Ministry of Labour and Social Affairs, the following bodies and bodies:

a) General Directorate of Social, Minor and Family Action.

b) Institute of Women.

c) Youth Institute.

d) Institute of Migration and Social Services.

2. On behalf of other ministerial departments, a representative of the following bodies and agencies, with at least the rank of Deputy Director General:

A) Ministry of the Interior:

a) Government delegation for the National Drug Plan.

b) Directorate-General for Internal Policy.

B) Ministry of Health and Consumer Affairs: Secretariat of the National Plan on AIDS.

C) Ministry of Economy and Finance: General Directorate of Taxation.

3. The vowels representing the General Administration of the State will participate in the Council with a voice, but without a vote.

2. The vowels representing non-governmental organizations and social entities will be as follows:

(a) Four representatives of non-governmental organisations and/or social entities, acting in at least four of the areas referred to in paragraphs (b) to (k) below:

b) Three, by the organizations and social entities that act in the area of people with disabilities.

c) Two, by the organizations and social entities that act in the area of older people.

d) Two, by the organizations and social entities that act in the area of childhood and family.

e) Two, by the organizations and social entities that act in the youth area.

f) Two, by the organizations and social entities of women or who act in the area of women.

g) Two, by Roma organisations and social entities or acting in the Roma population area.

h) Two, by the organizations and social entities of migrants, refugees and asylum seekers or who act in these areas.

i) One, by the organizations and social entities that specifically intervene in the area of people with drug problems.

j) One, by the organizations and social entities that act in the area of people affected by AIDS.

k) One, by the coordination structures of volunteer NGOs.

These vowels will be appointed by the President of the Council on the proposal of the non-governmental organizations and social entities, of the respective areas of action, through public convocation. If there are sectoral councils, the nominations of the organisations concerned will be proposed by the councils. To participate in such a call and to propose to their respective representatives, non-governmental organizations will have to meet the following conditions:

1. To be treated as organizations whose statutory purposes are framed in the area of social action directed to disadvantaged groups.

2. That they have scope of state action according to their statutes or, at least, occupy a preeminent position in a given territorial area.

3. Have volunteer staff for the development of their activities and programs.

4. Accrediting of social programs.

3. Persons acting in the capacity of experts shall do so in a voice but without a vote and shall be convened, where appropriate, by the President of the State Council among those who have highlighted, by reason of their duties, dedication or knowledge, in activities (a) the social action or the proposal of the representatives of public administrations and/or non-governmental organisations.

Representatives of other public administrations may also be called upon in the light of the nature or territorial scope of the issues. These representatives will also act with a voice but without a vote.

Article 6. Duration of the term of office of representatives of non-governmental organisations.

The term of office of representatives of non-governmental organizations and social entities will be four years, with the possibility of renewing this mandate or designating other representatives by means of public convocation. The term of office shall in any case be extended for the period between the end of the four-year period and the effective designation of the new representatives.

Article 7. Secretariat.

The Directorate-General for Social, Minor and Family Action shall assume the permanent Secretariat of the Council and shall be the holder of the Permanent Secretariat, with a voice but without a vote, who holds the ownership of the General Secretariat of NGOs and Grants may also be allocated to other members of the Directorate-General for the purpose of carrying out the tasks of the Permanent Secretariat of the Council.

Article 8. Operation of the State Council.

1. The State Council of Non-Governmental Organizations of Social Action will act in plenary and in the Permanent Commission.

2. The plenary session of the State Council shall meet at least twice a year and whenever the President calls it on his own initiative or at the request of one third of its members.

3. The Standing Committee shall consist of a President and 26 members:

A) It will be Chairman of the Permanent Commission the first Vice President of the State Council.

B) Will be vocal of the Standing Committee:

1. Four vocal representatives of the Ministry of Labour and Social Affairs, holding the following Organs and Organisms:

a) General Directorate of Social, Minor and Family Action.

b) Institute of Women.

c) Youth Institute.

d) Institute of Migration and Social Services.

2. º All representatives of non-governmental organizations and/or social entities referred to in Article 5.2 of this Royal Decree.

C) He will act as the Secretary of the Commission, with a voice, but without a vote, the head of the Permanent Secretariat of the State Council, being able to be assisted by the necessary support personnel for the performance of his tasks.

D) In accordance with the provisions of Article 2.1 (d) of this Royal Decree, the Permanent Commission of the Council shall be informed, in a prescriptive manner, of the bases and proposals for the resolution of the calls for grants. to approve the Ministry of Labor and Social Affairs under the tax allocation of the Income Tax of the Physical Persons.

E) The Standing Committee shall meet at least twice a year, on the occasion of the provisions of the preceding paragraph, as well as when required by the Plenary, on the proposal of any of its members.

4. The Council may set up committees or working groups to be convened by experts selected for the purpose of the matter to be dealt with, in order to carry out their tasks.

5. The Council will draw up an annual report containing proposals aimed at improving both the policies of social action and the systems of collaboration between the various sectors of the Council.

6. For the best exercise of its functions, the State Council may have its own rules of operation, in accordance with the provisions of this Royal Decree, which shall be approved by the Plenary Assembly.

Article 9. Financing.

The constitution and the functioning of the State Council of Non-Governmental Organizations of Social Action will not be able to increase public expenditure and will be taken care of by the Ministry of Labor and Social Affairs. Social.

Single transient arrangement. Representative Commission of Non-Governmental Organizations.

Transiently, until the planned system is developed to select non-governmental organizations and social entities to be part of the Council as vocal and to be the same, it will continue functioning the Representative Commission of Non-Governmental Organizations provided for in the successive orders for the call for grants from the tax allocation of the Income Tax of the Physical Persons, with its own composition and functions.

The representative Commission shall be abolished when the Council formally becomes the Council, upon assuming its Permanent Commission, in accordance with the provisions of Article 11 (3) of Law No 30/1992 of 26 January 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Final disposition first. Regulatory development.

The Ministry of Labor and Social Affairs is authorized to make any provisions necessary for the development and execution of the provisions of this Royal Decree.

Final disposition second. 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 December 17, 1999.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

MANUEL PIMENTEL MISSILES