Humanity's concern for weapons of mass and indiscriminate destruction begins at least in 1899 with the First Hague Conference on International Disarmament.

Important Milestones in this fight have been the Protocol on the prohibition of the use of suffocating, toxic or similar gases and of bacteriological or other means of war and of methods of bacteriological warfare, signed in Geneva on 17 July 1925; the Convention on the prohibition of the development, production and storage of bacteriological and toxin weapons and on their destruction, signed in London, Moscow and Washington on 10 April 1972, as well as the Treaty on the Non-Proliferation of Nuclear Weapons which entered into force on 5 March 1970 and the Convention on harmful weapons and indiscriminate effects of 10 April 1981.

A significant step forward in this process of combating weapons of mass destruction has been the Convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, In Paris on 13 January 1993 and ratified by Spain on 3 August 1994.

The objective of the aforementioned Convention is the ultimate eradication of chemical weapons, with the understanding of such weapons not only the military device and the manufacturing and assembly facilities of its components, but also any chemical or biological source product which, directly or indirectly, contributes to the development of such weapons. There are, in fact, certain chemicals which are used for the manufacture of chemical weapons, or which, by means of an appropriate process, can be used as precursors, but which are also used in the production of chemical materials. for peaceful use, which is why the Convention lays down requirements and control rules which, without interfering in any way in such industrial processes of a civil nature, prevent their possible diversion for military purposes. This duality in the use and production of certain chemical substances is the reason for the implementation of a verification system that ensures compliance with the obligations assumed by each of the States Parties.

To this end, the Convention provides for the designation of a National Authority, which is responsible for ensuring at the internal level the effective implementation of the obligations arising from it, as well as being a liaison with the Organization for the Prohibition of Chemical Weapons, as referred to in Article VIII, and with the other States Parties. In the course of this mandate, this Royal Decree is to constitute the Spanish National Authority and to define the corresponding functions, all aimed at achieving those objectives and fully respectful of those tasks. others that respond to different and compatible purposes with the intended ones.

In its virtue, on the joint proposal of the Ministers of Foreign Affairs, Defense and Industry and Energy, after approval of the Minister of Public Administration, in agreement with the State Council and prior deliberation of the Council of Ministers at its meeting on 9 May 1997,

D I S P O N G O:

Article 1. Creation.

In compliance with Article VII.4 of the Convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, the National Authority for the Prohibition of Chemical weapons, collegiate body of the General Administration of the State, attached to the Ministry of Foreign Affairs. It is entrusted with the tasks of planning, coordinating and monitoring all the issues related to the Convention and will be governed by this Royal Decree.

Article 2. Functions.

These are the functions of the National Authority:

1. To ensure compliance with the obligations of Spain under the Convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction.

2. Maintain an effective link between Spain and the Organization for the Prohibition of Chemical Weapons (OPCW), as well as with the other States Parties to the Convention.

3. To defend, in compliance with the Convention, the legitimate national interests in the OPCW and in relations with other States Parties.

4. Coordinate the activities of all the agencies of the General Administration of the State for the implementation of the Convention.

5. To urge the adoption of the provisions and the adoption of measures necessary for the implementation of the Convention.

6. Exercise the powers that are legally attributed to it in sanctioning matters.

7. Take the necessary measures to ensure the confidentiality of information obtained under the provisions of the Convention.

8. Establish the criteria for the effective implementation of the control missions carried out by the OPCW and at the request of the National Authority itself, also ensuring the protection of the interests, both public and private.

9. Require the information required by the Convention from the natural or legal persons affected by the Convention.

10. Coordinate with the competent bodies in the field of external trade in respect of the import and export of the chemicals provided for in the Convention.

Article 3. Composition.

1. The National Authority shall be composed of the following members:

(a) President: The Under Secretary for Foreign Affairs.

b) First Vice President: The Under Secretary for Industry and Energy.

c) Second Vice President: The Assistant Secretary of Defense.

(d) Vocals: The Undersecretaries of Economy and Finance; the Interior; Education and Culture; Agriculture, Fisheries and Food; Health and Consumer Affairs; and the Environment.

In case of vacancy, absence, illness, or other legal cause, of the Presidency, its functions shall be exercised by the appropriate Vice-President, in accordance with the order previously established. The various members may delegate the representation of their Department to an authority with at least the rank of Director-General.

2. The Secretary-General of the National Authority referred to in Article 5 of this Royal Decree shall act as Secretary, acting in a voice but without a vote.

3. The National Authority shall meet at least once every six months. He may also meet on a proposal from the President, provided that he or at least two members consider it appropriate.

4. The President, when the subjects to be discussed so advise, may convene the meetings of the National Authority, with a voice but without a vote, representatives of other public administrations, the sectors affected, as well as experts in the field. material.

5. The National Authority shall be assisted in its duties by the working group and the General Secretariat referred to in the following Articles.

Article 4. Working Group.

1. As the assistance body of the National Authority, a working group consisting of an official of each of the Ministries who are part of the National Authority, with a category of Subdirector-General or assimilated, is created. It shall be coordinated by the Secretary-General. It shall meet at least once a month.

2. It is the task of the working party to discuss and develop proposals to be submitted to the National Authority and those other tasks entrusted to it. Monthly, the task force will account for its actions to the National Authority through the Secretary-General.

3. Where the nature of the cases to be dealt with so advises, the working party may be assisted by experts and representatives of other public administrations and the sectors concerned.

Article 5. General Secretariat.

As the executive body of the National Authority, it is the General Secretariat, which will be attached to the Secretariat of Industry and Energy, through its Technical Cabinet, and will count for the realization of its functions with the support from the Ministries of Foreign Affairs and Defence, as well as from the other Ministries represented in the National Authority. Its holder shall be an official, with an organic level of Subdirector-General or assimilated, who occupies a position of work of the said Cabinet.

Article 6. Duties of the General Secretariat.

Under the authority and supervision of the National Authority, the General Secretariat is responsible for the following functions:

1. Receive and send to the OPCW the declarations and information required by the Convention.

2. To ensure that the inspections carried out by the OPCW are carried out in accordance with the Convention and with the legitimate Spanish interests.

3. Adopt the verification and control measures, including in the case of inspection, necessary for the implementation of the Convention.

4. Require, as appropriate, the collaboration of the Security Forces and the Security Corps and the customs authorities to carry out their controls.

5. Ensure compliance with the confidentiality requirements of the data you handle in accordance with the Convention and the instructions you receive from the National Authority.

6. Those others entrusted to him by the National Authority.

Article 7. Resources.

The decisions which the National Authority will make in the field of its powers may be the subject of an ordinary appeal to the Minister for Foreign Affairs, in accordance with the provisions of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

Article 8. Legal regime.

As not provided for in this Royal Decree, the National Authority shall adjust its operation to the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public administrations and the Common Administrative Procedure.

Single additional disposition. Amendment of Royal Decree 1889/1996 of 2 August of Organic Structure of the Ministry of Industry and Energy.

Article 5.5 of Royal Decree 1889/1996, of 2 August, of the Organic Structure of the Ministry of Industry and Energy, is worded as follows:

" The Technical Cabinet, as an immediate support body in all matters, entrusts the Undersecretary. In particular it is entrusted with the performance of the functions of the General Secretariat of the National Authority for the Prohibition of Chemical Weapons. "

Final disposition first. Powers of development and implementation.

The Ministers of Foreign Affairs, Defence and Industry and Energy are hereby authorized to take the necessary measures for the development and implementation of this Royal Decree.

Final disposition second. Financing.

The expenses arising from this Royal Decree will be financed by the Ministry of Industry and Energy from its regular budget.

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 May 12, 1997.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ