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Article 22.1 of law 9/2011, of 27 July, rights and duties of members of the armed forces, States that the military will be in permanent availability for the service. Likewise, designates that them demands of that availability is adapted to them features own of the destination and the circumstances of the situation.
Of this duty of character professional derives, for them members of them forces armed, the need of that the military set its residence in the municipality of its destination, as is says in the article 23.1 of the cited law organic 9 / 2011, of 27 of July, can be one different whenever is secure the right compliance of their obligations under the terms and situations that are regulated in this ministerial order.
On the other hand, article 23.2, establishes that the military has the obligation to communicate the place of their habitual or temporary domicile in your unit, as well as any other personal data which makes it possible to your location if the needs of the service so require.
The current public and private means of transport and the advances in communication technologies make displacements and transfers faster and more secure by providing the possibility of locating the military when the circumstances of the situation required, making compatible the permanent availability for the service of the Member of the armed forces with the possibility to fix his residence in a different municipality to the target , provided that is give the conditions established in this order ministerial.
It is important to make an express mention that this ministerial order is subject to the provisions of article 3(1) of the Royal Decree 462/2002, of 24 may, on compensation by reason of the service, which sets that are service committees entitled to compensation the special roles that circumstantial sort comprised staff in article 2 of the aforementioned Royal Decree and that it should play outside the municipality where to file his official residence understanding as such the municipal office or dependence that develop regular workplace activities, unless expressly and according to the legislation in force, was authorized the staff residence in town other than the corresponding to the job and become noted in the order, or passport that is designated by the Commission such circumstance. Such authorization not alters the concept of residence official by what, in any case, may have the consideration of Commission of service the displacement usual from the place where is is authorized to reside until the of the center of work, although these are are in terms municipal different.
Pursuant to article 57.6 of the Royal Decree 1286 / 2010, of 15 October, which approves the Statute of the Institute of housing, infrastructure and defence equipment, has included an additional provision on the accreditation of habitual residence, without prejudice to the criteria that set the mentioned Institute for the application of the provisions of that article.
Finally, it arranged in this order ministerial is independent of it regulated in the Real Decree 462 / 2002, of 24 of mayo, on compensation by reason of the service, especially it referred to the residence official in the definition of them commissions of service with right to compensation.
During its processing, this ministerial order was informed by the professional associations with representation on the Board of staff of the armed forces, in accordance with article 40.2. b) of law 9/2011, of 27 July, rights and duties of members of the armed forces. Finally, pursuant to the provisions of article 49.1. c) of the above-mentioned law, has been informed by the staff of the armed forces.
By virtue of and in accordance with the Council of State, I have: article 1. Object and scope of application.
(1. this order ministerial has by object regular: to) them terms and conditions so that the military can reside in a municipality different to the of that in that lies your unit of destination or the unit where is find in Commission of service.
(b) the duty to communicate their usual or temporary domicile as well as other personal data, your destination drive or which is on secondment, to the effects of its location if the needs of the service require.
2. this standard shall apply to military personnel who is on active duty or reserve, administrative situations intended or on secondment, in any unit, Center or body of the armed forces, and students of military training education.
Article 2. Permanent availability for the service.
The military will be permanently available for the service. That availability demands shall be adapted to the characteristics of fate and the circumstances of the situation, pursuant to the provisions of article 22.1 of the Act 9/2011, 27 July, rights and duties of members of the armed forces.
Article 3. Residence.
(To them alone effects of it arranged in this order ministerial, the military may occupy a residence of form usual or temporary, understanding is in each one of them alleged it following: to) residence usual: is which usually occupies the military while provides services in your destination.
(b) temporary residence: is that occasionally the military can deal with in the periods in which for any reason do not provide services or, where appropriate, when you are performing a Service Commission.
Article 4. Habitual residence.
1. the place of habitual residence of the military will be the municipality of your destination.
2 Notwithstanding the provisions of the preceding paragraph, the military may fix their habitual residence in a municipality other than the target when the following conditions are met: to) that the municipality is in national territory.
(b) that it may properly play all the obligations, of course, charge or function that does.
(c) that can meet, in correct state of conditions physical, the day usual of work established in his unit, Center u body, as well as the provision of guards, services and others schedules special that is determined.
(d) that no higher can join their destiny within a period two hours since required.
This term may be reduced depending on the type of unit, target or charge that the military pay and depending on the situation and the demanded availability State. Undersecretary of Defense and heads of State most of the army, the Navy and the air force, in the field of their respective competencies, will determine the units that require a period of incorporation less than established in this letter.
3. for the purposes of the amount of compensation by residence regulated by agreements of Council of Ministers of 23 December 1992, of February 25, 2000 and later upon this matter, means residence corresponding to the municipality of your destination.
4. holders of destinations that have assigned Pavilion of charge will fix its habitual residence in this Pavilion, irrespective of the municipality in which it is located.
5. the authorization to establish habitual residence in a municipality other than the target won't cause exemption or mitigation of the possible liability that could be inferred for breach of those duties of presence and abide by the rules on conferences, schedules, guards and services established.
Article 5. Competence and procedure.
1. the competence for the granting or refusal of authorisation to set up habitual residence in a municipality other than the target corresponds to the head of unit, ship, Centre or establishment of destination, or in which to perform a Service Commission.
2. Requests for authorization to set the residence in a municipality other than the target will rise through regular to the head of unit, ship, Centre or establishment, using the model in annex.
3. the competent authority, prior procedure of hearing to the applicant will resolve in writing, on an individual basis, and motivated authorization of residence other than your destination instead.
4. the deadline for notifying the person concerned the resolution adopted will be fifteen working days counting from the next to the presentation of the request to their immediate superior. This deadline without express resolution will allow the interested to understand your request for estimated.
Article 6. Special situations.
1 in addition to the provisions of the preceding articles, when extraordinary circumstances, family or personal, duly justified, or for reasons of personal safety, contrasted the unit head may authorize the military affected by these circumstances to reside in another municipality other than the target, without the limitations contained in article 4.
2. by causes which have arisen and in situations special related with the needs of the service and during a period concrete of time, the Chief of unit may revoke them authorizations granted or not grant them requests of authorization to set the residence usual in municipality different to the of destination. The decision will be communicated in writing military affected, and must be justified, motivated and individualized.
3. when the head of unit not available charge Pavilion and want to fix their habitual residence in a municipality other than the target, it asked to the hierarchical superior who depend on, according to the procedure described in this ministerial order.
Article 7. Location of the military.
The military has the obligation to communicate their habitual or temporary residence address in your unit, as well as their telephone numbers and e-mail address, duly updated, allowing their location if the needs of the service require it. This may be administered through Portal staff or by the procedure established in the units, centres or organisations.
Residence, telephone and email address data will be managed in the file of log information of the personnel of the Ministry of Defense (SIPERDEF), that you will enjoy the guarantees of protection and use reserve referred to in article 81 of the regulations implementing the organic law 15/1999, of 13 December, of protection of personal data approved by Royal Decree 1720 / 2007, of 21 December.
Expressly authorized by the heads of units, centres and agencies may use these data, with respect to the staff they intended, seconded or attached to the purposes specified in this ministerial order only.
First additional provision. Accreditation of habitual residence for the purposes of a request for financial compensation.
Without prejudice to the provisions of article 57 of the Statute of the Institute of housing, infrastructure and defence equipment, approved by Royal Decree 1286 / 2010, of 15 October, for the purposes of application of economic compensation, means habitual residence of military municipality of his destiny, accredited by the corresponding publication in the «Bulletin official of the Ministry of defence".
Second additional provision. Designed or commissioned foreign staff.
He personal intended or Commissioner in the foreigner is governed by the normative specific of their destination or Commission, being you of application extra it willing in this order ministerial.
Third additional provision. Staff pending allocation target or in reserve without destination.
Staff in active service pending allocation of destination or booking with no destination, may freely establish in any municipality of the country their place of habitual residence, with the sole obligation of providing accurate data for its location in its center or unit affiliation.
Available to transient first. Authorization of residence into force.
Heads of unit in the period of six months from the entry into force of this provision, shall review granted authorisations for residence in a municipality other than the destination to conform with the contents of this ministerial order, giving the timely processing of audience to the staff concerned.
Second transitional provision. Authorizations in the pipeline.
Requests for authorization of residence in town other than the target in the phase of resolution, it will be implementing this ministerial order.
Third transitional provision. Updating of data files.
Units, centers, and organizations will have three months from the date of entry into force of this ministerial order, to update SIPERDEF with necessary data allowing to locate military personnel assigned, seconded or attached to them.
Sole repeal provision. Repeal of regulations.
Many provisions of equal or lower rank to oppose provisions of this ministerial order are hereby repealed.
Available end first. Modification of the order DEF/226/2012, of February 3, 2012, which are created and deleted personal information of various organs of the General direction of Personal data files.
Amending the first paragraph of the number 2, description of types of data, the letter d) file 7, registration of information of the personnel of the Ministry Defense (SIPERDEF), annex I of the order DEF/226/2012, of February 3, 2012, which are created and deleted files of personal data of various organs of the General direction of staff , being worded as follows: «Identificativos: name and surname, NIF/DNI, address, phone, email, image/voice, record number of staff, Social Security number / mutuality. "
Second final provision. Entry into force.
This ministerial order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 29 September 2015.-the Minister of Defense, Pedro Morenés Eulate.
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