Article 22.1 of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces, states that the military will be in permanent availability for the service. It also points out that the requirements of this availability will be adapted to the specific characteristics of the destination and the circumstances of the situation.

This duty of professional character derives, for the members of the Armed Forces, the need for the military to establish its residence in the municipality of its destination, as stated in Article 23.1 of the aforementioned Law. Organic 9/2011, July 27, may be a different one as long as the proper fulfilment of its obligations is ensured, in the terms and situations that are regulated in this ministerial order.

On the other hand, Article 23.2 states that the military has an obligation to communicate in its unit the place of its habitual or temporary domicile, as well as any other personal data that makes its location possible if The needs of the service require it.

The current public and private means of transport and advances in communications technologies make it easier for travel and transport to be faster and safer by facilitating the possibility of locating the military where the circumstances of the situation so require, making the permanent availability for the service of the member of the Armed Forces compatible with the possibility of establishing his habitual residence in a municipality other than that of destination, provided that the conditions laid down in this ministerial order are met.

It is important to make an express reference to the fact that this ministerial order is subject to the provisions of Article 3.1 of Royal Decree 462/2002 of 24 May 2002 on compensation for the service, which provides that Commission of the European Parliament and of the Council of the European Parliament, of the Council of the European Parliament, of the Council of the European Parliament and of the Council of the European Parliament official residence, being understood as such the municipal term corresponding to the office or where the activities of the usual job are carried out, except that, in an express and in accordance with the legislation in force, the residence of the staff in a municipal term other than that corresponding to that post has been authorised (a) work and shall be recorded in the order or passport in which the commission is designated. Such authorization does not alter the concept of official residence and, in no case, may be regarded as a service commission for the usual movement from the place where the person is authorised to reside to that of the centre of work, even if they are in different municipal terms.

In accordance with the provisions of Article 57.6 of Royal Decree 1286/2010 of 15 October, which approves the Statute of the Institute of Housing, Infrastructure and Equipment of Defence, a provision has been included Additional information on the accreditation of habitual residence, without prejudice to the criteria for the application of the provisions laid down in that Article to establish the said institute.

Finally, the provisions of this ministerial order are independent of the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for the service, in particular as regards the official residence in the definition of the service commissions entitled to compensation.

During its processing, this ministerial order was informed by professional associations with representation in the Armed Forces Personnel Council, in accordance with Article 40.2.b of the Organic Law 9/2011, of 27 of July, the rights and duties of the members of the Armed Forces. Finally, according to the provisions of Article 49.1 (c) of the aforementioned organic law, it has been reported by the Armed Forces Personnel Council.

In its virtue and in agreement with the State Council, I have:

Article 1. Object and scope of application.

1. This ministerial order is intended to regulate:

(a) The terms and conditions for the military to reside in a municipality other than that in which its destination unit or the unit where it is on secondment is located.

(b) The duty to communicate its habitual or temporary domicile, as well as other personal data, in its unit of destination or in which it is on secondment, for the purposes of its location if the needs of the service would require it.

2. This rule shall apply to military personnel who are in the administrative situations of active service or reserve, destined or in commission of service, in any unit, center or agency of the Armed Forces, and to the students of the military training education.

Article 2. Permanent availability for the service.

The military will be in permanent availability for the service. The requirements of that availability shall be adapted to the characteristics of the destination and the circumstances of the situation, as laid down in Article 22.1 of Law 9/2011 of 27 July of the members ' rights and duties. of the Armed Forces.

Article 3. Residence.

To the sole effects of the provisions of this ministerial order, the military may occupy a residence on a regular or temporary basis, each of the assumptions being understood as follows:

a) Usual residence: it is usually occupied by the military while providing services at its destination.

b) Temporary residence: it is the one that can occasionally occupy the military in the periods in which for any cause it does not provide services or, if necessary, when it is carrying out a commission of service.

Article 4. Habitual residence.

1. The place of habitual residence of the military officer shall be that of the municipality of its destination.

2. By way of derogation from the preceding paragraph, the military officer may fix his habitual residence in a municipality other than that of his destination where the following conditions are met:

(a) The municipality is located on national territory.

b) That he/she can adequately perform all military obligations, specific to his position, position, or function.

c) That he or she can meet, in a correct state of psycho-physical conditions, the usual working day established in his unit, center or agency, as well as the provision of guards, services and other special schedules that are determine.

d) That may be incorporated into your destination within a period of no more than two hours from being required.

This period may be reduced depending on the type of unit, destination or position the military provides and depending on the situation and the state of availability required. The Assistant Secretary of Defense and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force, in the field of their respective competencies, will determine the units that require a shorter time of incorporation than the established one. in this letter.

3. For the purposes of the amount of the allowance for residence, as laid down in the Council of Ministers 'Agreements of 23 December 1992, of 25 February 2000 and later on this subject, the term' residence ' shall be understood as municipality of its destination.

4. The holders of destinations assigned to the flag of charge shall establish their habitual residence in that flag, irrespective of the municipality in which they are located.

5. Authorization to establish habitual residence in a municipality other than the one of destination shall not be cause for exoneration, or for attenuation of any liability that may be deducted for infringement of those duties of presence and compliance with the rules on days, schedules, guards and established services.

Article 5. Competence and procedure.

1. Jurisdiction for the granting or refusal of the authorization to fix the habitual residence in a municipality other than the one of destination corresponds to the head of the unit, vessel, centre or establishment of destination, or in which a commission of service.

2. Applications for authorisation to establish habitual residence in a municipality other than that of destination shall be raised through regular channels to the head of the unit, vessel, centre or establishment, using the model in the Annex.

3. The competent authority shall, after hearing the person concerned, decide in writing, on a reasoned basis and on an individual basis, the application for a residence permit in place other than that of destination.

4. The maximum period for notifying the person concerned of the decision to be taken shall be 15 working days from the date of the submission of the application to his immediate superior. The expiration of this deadline without express resolution will allow the interested party to understand his or her request.

Article 6. Special situations.

1. In addition to the provisions laid down in the preceding Articles, where extraordinary, family or personal circumstances, duly justified or for reasons of personal security, are given, the head of unit may authorise the military officer concerned to these circumstances are to reside in another municipality other than the one of destination, without the limitations laid down in Article 4.

2. For oversold causes and in special situations related to the needs of the service and for a specific period of time, the head of unit may revoke the authorisations granted or not grant applications for authorisation to fix the habitual residence in a municipality other than that of destination. The decision taken shall be communicated in writing to the military officer concerned and shall be justified, reasoned and individualized.

3. Where the head of unit does not have a flag of charge and wishes to establish his habitual residence in a municipality other than that of the destination, he shall ask the superior of the person to whom he is dependent, in accordance with the procedure described in that order. ministerial.

Article 7. Location of the military.

The military has an obligation to communicate in its unit the postal address of its habitual or temporary residence, as well as its duly updated telephone numbers and e-mail address, allowing its location if the needs of the service require it. This management may be carried out through the Personal Portal or by the procedure established in the units, centres or agencies.

The residence, telephone and e-mail address data will be managed in the Ministry of Defense Personnel Information Registration File (SIPERDEF), which will enjoy the protection and reserve of use guarantees. referred to in Article 81 of the Implementing Regulation of the Organic Law 15/1999 of 13 December on the protection of personal data, approved by Royal Decree 1720/2007 of 21 December.

Only staff expressly authorised by the heads of the units, centres and agencies may use this data in respect of the staff in which they are assigned, in secondment or in secondment, for the purposes of this ministerial order.

Additional disposition first. Accreditation of habitual residence for the purpose of applying for economic compensation.

Without prejudice to the provisions of Article 57 of the Statute of the Institute of Housing, Infrastructure and Equipment of Defence, approved by Royal Decree 1286/2010 of 15 October 2010, for the purposes of application for compensation The municipality of its destination, accredited by the corresponding publication in the "Official Gazette of the Ministry of Defense", shall be deemed to be the place of habitual residence of the military.

Additional provision second. Staff seconded or commissioned abroad.

Staff assigned or commissioned abroad shall be governed by the specific rules of their destination or commission, by means of application of the provisions of this ministerial order.

Additional provision third. Staff pending assignment of destination or on reservation without destination.

Active-duty staff pending allocation of destination, or in reserve without destination, may freely establish in any municipality of the national territory its place of habitual residence, with the sole obligation of provide the precise data for your location in your center or unit of attachment.

First transient disposition. Residency authorisations in place.

The heads of unit within six months of the entry into force of this provision will review the residence permits in a municipality other than the destination granted to bring them into line with the contents of this order. ministerial, giving the appropriate processing of the hearing to the staff concerned.

Second transient disposition. Authorizations in processing.

To applications for authorization of residence in a municipality other than that of destination that are in the resolution phase, this ministerial order will apply to them.

Transitional provision third. Updating the data files.

The units, centres and agencies will have three months, from the date of entry into force of this ministerial order, to update SIPERDEF with the necessary data to locate the military personnel destined, in service commission or attached to them.

Single repeal provision. Repeal of regulations.

As many provisions of equal or lower rank are repealed, they object to the precept in this ministerial order.

Final disposition first. Amendment of Order DEF/226/2012 of 3 February 2012 creating and deleting files of personal data of various bodies of the Directorate-General for Personnel.

The first paragraph of the number 2., description of the data types, of the file 7, record of the Ministry of Defense Personnel Information (SIPERDEF), of Annex I of the Order DEF/226/2012, of 3 of 3, is amended. February 2012, for which data files of a personal nature are created and deleted from various organs of the Directorate-General of Personnel, being worded as follows:

"Identifiers: first and last names, NIF/DNI, address, telephone, email, image/voice, number of staff register, Social Security Number/Mutuality."

Final disposition second. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, September 29, 2015. -Minister of Defense Pedro Morenes Eulate.

ANNEX

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