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Royal Decree 1638 / 1999, Of 22 October, Which Regulates The Disposal Of Movable Goods And Products Of Defence The Ministry Of Defence.

Original Language Title: Real Decreto 1638/1999, de 22 de octubre, por el que se regula la enajenaciĆ³n de bienes muebles y productos de defensa en el Ministerio de Defensa.

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TEXT

The current regulations to dispose of material affected to the Ministry of Defense in its established procedure do not have mechanisms that allow the disposal of useful and useful furniture (weaponry and equipment) with agility. defence products (consumables and others), requested as a result of commitments made with allied countries, in humanitarian, peacekeeping and emergency situations.

It is necessary to have a specific legal framework that will enable these situations to be addressed, especially in the area of international cooperation.

These facts resulted in the promulgation of the second final provision of Law 13/1996, of December 30, of fiscal, administrative and social measures, which authorizes the government to regulate the sale of movable property and defence products on a proposal from the Ministry of Defence.

The Royal Decree to be approved will facilitate the supply of material needed to ensure mutual support in combined operations with other armed forces, as well as support international organisations involved in the process. humanitarian and peacekeeping operations, such as the United Nations, Western European Union, North Atlantic Treaty Organization and others.

In view of the above, and by virtue of the power granted in the final provision of Law 13/1996, of fiscal, administrative and social measures, on the proposal of the Minister of Defense, with a favorable report of the Ministry of Economy and Finance, with the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 22, 1999,

DISPONGO:

Article 1. Object.

1. The present Royal Decree regulates the regime of disposal by the Ministry of Defense of the movable and defense products referred to in the following paragraph, with exceptional character to that established in the Law of Heritage of the State and Regulation for its implementation, provided that the operation of its own power and national security is not put at risk.

2. This Royal Decree is the subject of the materials, movable property and defense products useful for the service and affected to the use of the Armed Forces necessary for the military operations, which appear in their respective inventories. It also includes those supplies that, without being included in inventory, are necessary for the development of the missions in which the Armed Forces participate.

Article 2. Scope.

1. This legislation shall apply to the provision of services with other public administrations or public law entities, foreign governments, non-profit-making entities, organizations and organizations. international agreements of which the Spanish State is a member, or because of commitments resulting from international agreements.

It will also apply to supplies needed for the development of operations or for the attention of emergency situations. In these cases, the Minister of Defense or the authority in which this delegate may authorize the Operations Command of the Force to carry out such deliveries, in combined operations with Armed Forces of other countries, in humanitarian operations, maintenance of peace and the like.

2. In cases not covered by this Royal Decree, the Law of State Heritage and the Regulation for its application will be governed.

Article 3. Form of disposal.

The disposal of movable and defense products regulated in this Royal Decree may be made by direct disposal.

Article 4. Competence for disposal.

1. The body empowered to agree on the disposal in the files that are regulated in this Royal Decree is the Minister of Defense, without prejudice to the delegations of powers that could be established in the appropriate Ministerial Orders.

2. The following Council of Ministers Agreement will be necessary in the following cases:

(a) When the economic estimate of the value of the disposal exceeds 2 billion pesetas.

(b) Where for exceptional reasons, duly substantiated in the file, it is more advisable for the interests of the State to propose delivery for a symbolic price.

Article 5. Furniture And Defense Products Disposal Board.

1. The Ministry of Defense creates the Board of Directors of Furniture and Defense Products as an organ of support to the competent body to agree on disposal.

2. It shall be organised organically at the Ministry of Defence and its composition shall be as follows:

1. President: the Director-General of Armament and Material.

2. Member:

(a) A representative of the General Directorate of Armament and Material, appointed by the Director-General of Armament and Material.

b) A representative of the Directorate-General for Economic Affairs, appointed by the Director-General for Economic Affairs.

c) A representative of the General Legal Counsel of the Ministry of Defense, appointed by the General Legal Counsel.

d) A representative of the General Defense Intervention, designated by the General Defense Controller.

3. Secretary: an Intrend Officer of the General Directorate of Armament and Material or the Directorate-General for Economic Affairs.

3. The functions and powers of the Board shall be to instruct the cases of disposal and to formulate the proposal for the valuation of the goods to be used.

These functions will be detailed in the Order of Development of this Royal Decree.

4. Its arrangements for action shall be in accordance with the provisions relating to the collective bodies laid down in Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 6. Disposal procedure.

1. Prior to the initiation of the disposal file, it is up to the Minister of Defense to declare the movable goods and defense products useful and suitable for the service to be alienable.

It will be necessary for the declaration of alienation, the previous reports, according to the body to which the movable property is attached, by the Chief of the Defense Staff, by the Chief of Staff of the corresponding Army, or of the Deputy Secretary of Defense, and in any case, that of the Director General of Armament and Material, as well as the authorizations and reports provided for in the Regulation of foreign trade of defense material and dual use, approved by the Royal Decree 491/1998 of 27 March, where applicable, or of any other body, where required, the material in question.

2. Once the movable property or defense products are declared to be alienable, the disposal file shall be initiated, with the approval of its assessment by the Secretary of State of Defense, as determined by Article 7.

3. The disposal file shall continue with the selection procedure for the successful tenderer.

4. With the favourable reports of the General Defence Intervention and the General Legal Counsel, and the Council of Ministers Agreement referred to in Article 4.2, where appropriate, the Minister of Defence shall decide on the disposal agreement, which it shall in itself involve only the disaffection and the low inventory of the movable property or defence products in question.

The disposal procedure will be developed in the corresponding Order.

The provisions of this Royal Decree shall be without prejudice to the provisions of Royal Decree 491/1998 of 27 March 1998 approving the Regulation on the external trade in defence and dual use material.

Article 7. Assessment.

1. The Board of Disposal of Furniture and Products of Defense will propose to the Secretary of State of Defense the valuation of the movable goods or products of defense object of the files, taking into consideration the reports of the technicians and those of the General Intervention of Defense and the General Legal Counsel.

2. The movable property and defense products shall be valued according to their state of life and present market value, so that the disposal does not constitute an economic tax to the Ministry of Defense, with the exception of the alleged mentioned in the 2.b) of Article 4.

Article 8. Emergency procedure.

1. In the cases referred to in the second subparagraph of Article 2 (1) of this Royal Decree and with the authorization provided for in that paragraph, the Operating Command may agree to the supply of movable or defence products, limiting the delivery of those necessary for the execution of the missions in which the assistance is involved or the provision of the necessary assistance in emergency situations, as a means of disposal pending the determination of its value; and corresponding agreement.

The order of delivery will in itself imply the disaffection and declaration of alienation and must be communicated immediately to the Board of Disposal of Furniture and Defense Products for the processing of the file disposal with the requirements laid down in Article 6.

2. The circumstances in which these enajenations may be authorised shall be those in which:

a) Exist serious risk to people or property.

b) Exist important risk that the mission entrusted cannot be fulfilled.

c) Exist an official commitment to provide such support or assistance.

3. The documentation and processing for these cases will be agreed in the Development Order.

4. This procedure shall not apply in cases where the proceedings are to be previously agreed by the Council of Ministers.

Article 9. Accounting information.

The Board of Directors of Furniture and Defense Products will forward to the Ministry of Defense's Directorate General for Economic Affairs the information regarding the activities to be carried out, who will provide it to the Ministry of Defense. General State Administration intervention when required to do so.

Article 10. Revenue.

The resulting amounts of the securities regulated in this Royal Decree will be entered into the Public Treasury in accordance with the procedures laid down in the current budget regulations.

Final disposition first. Powers of development.

The Minister of Defense is authorized to make the necessary provisions for the development 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 to October 22, 1999.

JOHN CARLOS R.

The Minister of Defense,

EDUARDO SERRA REXACH