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Royal Decree 265/1996 Of 16 February, Partially Amending Royal Decree 1/1987, Of January 1, Which Determines The Basic Organizational Structure Of The Ministry Of Defense.

Original Language Title: Real Decreto 265/1996, de 16 de febrero, por el que se modifica parcialmente el Real Decreto 1/1987, de 1 de enero, que determina la estructura orgánica básica del Ministerio de Defensa.

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TEXT

The Organic Law 6/1980 of 1 July, as amended by the Organic Law 1/1984 of 5 January, which regulates the basic criteria of national defense and military organization, defines the Chief of the General Staff of Defense as the Minister's main contributor to the approach and implementation of the operational aspects of the military policy and provides that the Government, in time of war, may appoint him as the Chief Operating Command of the Armed Forces so that, under the authority of the President of the Government, conduct the conduct of military operations.

The Royal Decree 1/1987, of January 1, determining the basic organic structure of the Ministry of Defense, in establishing the functions that in particular correspond to the Chief of the General Staff of the Defense, emphasized It is precisely its eminently operational character and, in accordance with this, established the functions that, in this field, correspond to the Chiefs of the Army of the Earth, the Navy and the Army of the Air.

The Joint Strategic Plan, approved by the Council of Ministers, at its meeting of 21 April 1995, updates the Spanish strategic concept according to the geopolitical and geostrategic changes experienced in the Last year and the integration of Spain into international security and defense organizations. After defining strategies to deal with the new risks, both at national level and in the field of collective security, the Strategic Plan, given the special impact that the current international context has on crisis situations, assigns to the Chief of the General Staff of the Defense the operational command of the forces involved in these crises and, likewise, gives him responsibility for the fulfillment of the operational missions of the Armed Forces, derived from the approaches contained in the Plan itself.

The Strategic Plan also establishes the basic lines of a new operational command structure that will enable the joint action of the Armed Forces to be strengthened and our strategic presence capabilities to be fully exploited. This is the first time that we have been able to make the most of the changes that have taken place in the operational structure of the armies of the European Union. nations allied to our environment.

Consequently, it is necessary to update the powers that correspond to the Chief of the Defense Staff and the Chiefs of the Army of the Earth, Navy, and Army of the Air, determining more clearly those of an operational nature, in order to enhance the joint effectiveness of the Armed Forces.

At the same time, this enhanced joint action requires the Chief of the Defense Staff to have a Headquarters, constituted by the auxiliary command, advisory and assistance bodies, that will allow him to exercise Since the time of peace, the operational command of the assigned forces for the performance of the assigned missions will facilitate, if necessary, the transition for the conduct of operations in crisis situations or in times of war.

In its virtue, at the initiative of the Minister of Defense, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at its meeting of the day 16 February 1996,

D I S P O N G O:

Article 1. Amendment of Article 6 of Royal Decree 1/1987 of 1 January determining the basic structure of the Ministry of Defence.

Article 6 of Royal Decree 1/1987 of 1 January, determining the basic structure of the Ministry of Defence, is amended, which is worded as follows:

" Article 6. From the General Staff of Defense.

1. The Chief of the Defense Staff is the principal contributor to the Minister in the approach and implementation of the operational aspects of the military policy and has the powers and powers granted to him by the Organic Law 6/1980, of July 1, modified by the Organic Law 1/1984 of 5 January, which regulates the basic criteria of national defense and military organization.

2. The Chief of Defense Staff is the military authority through which the Minister of Defense exercises his authority to order, coordinate and direct the actions of the Armed Forces in the implementation of the operational missions derived from the Armed Forces. the Joint Strategic Plan and those other that may arise in crisis situations or that the Government entrusts them.

3. The Chief of the Defence Staff exercises the operational command of the assigned forces for the performance of the missions referred to in the preceding paragraph.

4. The Chief of the Defence Staff, for the purpose of carrying out the tasks referred to in paragraph 2 above, may establish the necessary operational structures from the operational controls and those of the existing forces. If necessary, it may propose the creation of other Operational Controls.

5. The Chief of the Defense Staff will assign to the Operational Command missions and, singularized, the force for the fulfillment of each of them, establishing, where appropriate, the corresponding priorities.

6. In particular, the Chief of the Defence Staff is responsible for the following tasks:

a) To elaborate, with the advice of the Joint Chiefs of Staff, the proposal of the Joint Strategic Plan that will be submitted to the Minister for its formulation.

b) Propose operational priorities for the elaboration of the Joint Force Goal and report on the adequacy of the Department's programming of resources to those priorities.

c) Develop, in accordance with the Minister's guidelines, the joint operational and logistical documents and directives for the planning of military operations.

d) Monitor, by delegation of the Minister, the state of training and operational effectiveness of the Armed Forces.

e) To program and conduct exercises to evaluate the effectiveness of the operational plans and joint training of the Armed Forces.

f) To establish, within the framework of the Joint Chiefs of Staff, the doctrine for joint action.

g) To propose to the Minister, after deliberation of the Board of Chiefs of Staff, the unification of the services whose mission is not exclusive of a single Army, provided that its joint operation represents greater efficiency and Media economy.

h) To direct the implementation, operation and operation of the joint command and control, intelligence, telecommunications and electronic warfare systems, coordinating, and integrating as necessary, the corresponding Armies, in order to obtain the necessary interoperability and overall efficiency.

i) Determine the resource needs for mobilization arising from operations plans.

j) Coordinate the Spanish military participation in the system of planning of the organizations or alliances of military character to which Spain belongs.

k) Coordinate with the military commanders of allied nations or international organizations the planning and execution of military operations and exercises to be carried out under the international agreements in matters of defence in which Spain is a party.

7. The Chief of Defense Staff will be represented by the Department, by delegation of the Minister, in cases where the Department is entrusted with it and, in particular, that of the Armed Forces in international military organizations.

8. For the performance of his duties, the Chief of Defense Staff will have the Headquarters of the General Staff of Defense, consisting of a set of auxiliary command and advisory bodies and assistance.

9. The Joint Chiefs of Defense is the main auxiliary organ of the Chief of Defense Staff and is part of the General Staff Headquarters of the Defense General Staff.

10. The Joint Chiefs of Staff of the Joint Chiefs of Staff are the Joint Chiefs of Staff. The Chief of the Joint Chiefs of Staff acts as Secretary of the Joint Chiefs of Staff, with voice but no vote. "

Article 2. Amendment of Article 18 of Royal Decree 1/1987.

Article 18 of Royal Decree 1/1987 is amended from 1 January, which is read as follows:

" Article 18. From the Army of the Earth, the Navy and the Air Force.

1. The Army of the Earth, the Navy and the Air Force have as their mission the development of the joint strategy in the field determined by their means and their own forms of action.

2. The Army of the Earth, the Navy and the Army of the Air are constituted by the Headquarters, the Force and the Support to the Force.

3. The Heads of the Major States of the Army of the Earth, the Navy and the Air Force, under the authority and direct dependence of the Minister of Defense, exercise the command of their respective Armies, having the functions conferred upon them by the Law. Organic 6/1980, July 1, as amended by Organic Law 1/1984 of 5 January, which regulates the basic criteria of national defense and military organization.

4. The Chiefs of the Army of the Earth, Navy, and Army of the Air Force, when the Chief of the Defense Staff so decides, exercise the operational command of the forces determined by the Chief of the Army of Defense. tasks assigned to them, among those provided for in Article 6.2 of this Royal Decree.

5. The Chief of Staff of the Army of Land, Navy and Air Force exercises the operational command of the forces of his Army in the fulfillment of those other missions not included in the article 6.2 of this Royal Decree which, in time of peace, are carried out on a permanent basis and on a specific basis.

6. In particular, the Heads of the Major States of the Armies have the following functions:

a) Organize, equip, instruct, train, administer, provide logistical support and ensure the morale, discipline and well-being of their Armies, to maintain at all times maximum effectiveness according to the resources allocated. These functions shall also be developed in support of their forces when assigned to an Operational Command.

(b) Advise and inform the Chief of the Defence Staff of the creation and composition of Operational Controls which are considered to be accurate, and the establishment of the operational structures referred to in Article 6.4 of this Royal Decree.

c) Collaborate with the Chief of the Defense Staff in the elaboration of the proposal of the Joint Strategic Plan and of the Joint Operational Planning and Logistics Directives derived from that, especially as soon as possible. refers to the use of their Armies in the framework of their own forms of action.

d) Schedule and conduct specific exercises to evaluate the effectiveness of your Army.

e) To inform the Chief of the Defense Staff about the operation of the Armies.

f) To collaborate, within the framework of the Joint Chiefs of Staff, in the establishment of the doctrine for joint action and to define and implement the specific military doctrine of its Army.

g) Define the military specifications of the Weapons and Support Systems necessary for their Armies and technically inspect the execution of the corresponding equipment and military infrastructure programs.

h) To advise the Chief of the Defense Staff on the coordination of the Spanish military participation in the system of planning the military organizations or alliances to which Spain belongs.

i) Coordinate with the military commanders of allied nations or international organizations, by delegation and when determined by the Chief of the Defense Staff, the planning and execution of military operations and exercises.

j) Advise the Chief of the Defense Staff to achieve the necessary interoperability and efficiency in the field of mobilization, unification of common services, and exploitation of the means of command and control, intelligence, telecommunications and electronic warfare.

k) Advise the Secretary of State of Defense in the preparation, direction and development of the economic policy, the armament and material and the infrastructure of his Armies and inform him of the aspects of the execution of the "

l) Advise the Secretary of State of Military Administration in the preparation, direction and development of personnel policy, teaching and military service, and the organization and administration of his or her Armies and inform them of the aspects of execution of the same ".

Single additional disposition. Maintenance of public expenditure.

The organic modifications introduced by this Royal Decree will not imply an increase in public spending.

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 to 16 February 1996.

JOHN CARLOS R.

The Minister for Public Administrations,

JUAN LERMA BLASCO