FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

The Third Sector of Social Action corresponds to that part of our society that has always been present in the actions that have tried to address the situations of inequality and social exclusion. If it is considered that these are not caused by short-term events, but by the persistence of economic and social structural problems generating inequity, the social fabric of entities and associations that make up today called Third The Social Action sector has at all times been nominated as an alternative, or sometimes complementary, citizen's way of action in relation to public institutional management, with solutions born of social participation aimed at preventing certain social groups are excluded from elementary levels of welfare.

The activity of the Third Sector of Social Action, of its organizations and of the people that compose it, is born of the commitment to human rights and rests on the values of solidarity, equality of opportunity, inclusion and participation. The exercise of these values leads to balanced social development, social cohesion and an organizational model in which economic activity is at the service of the citizenry.

Despite the positive evolution followed by our society, the marginalization or exclusion to which certain groups are usually subjected has not yet found an adequate correction. In fact, in the last thirty years, in which there has been considerable economic and social development, inequalities have not been eradicated, but these have persisted, having an intense impact on the lives of the population groups. more vulnerable.

These marginalized social sectors, placed in situations of vulnerability or at risk of exclusion, are the human objective of the entities of the Third Sector of Social Action, for whose development and inclusion they call for participation of civil society, calling for a shared responsibility for all citizens.

From this privileged position in the knowledge of social problems and methods of dealing with them, the Third Sector of Social Action plays a crucial role in the design and implementation of anti-social policies. poverty and social exclusion. In the exercise of this role it is recognized the merit of its integrative capacity, its active role in social awareness and cohesion.

Therefore, it is necessary to establish a regulatory framework, at the state level, to protect the entities of the Third Sector of Social Action, in accordance with the role they have to play in society and the challenges they have to face. The include policies for inclusion.

Providing a legal framework for the Third Sector of Social Action immediately mediates and immediately the principles, values and mandates of the Spanish Constitution. By establishing the constitutional text, as a purpose, to achieve an advanced democratic society, and by defining as social and democratic law the Spanish State, the fundamental norm is orienting the political organization, the legal system and the action of the public authorities to the deepening of democracy, increasing participation in all spheres; to the protection of fundamental rights and public freedoms, without the exception of persons and groups, and to the extension gradual of social rights for all citizens, thus ensuring an existence dignity, the free development of the personality and a peaceful and balanced community based on freedom, justice, equality, political pluralism and solidarity.

In this sense, this law aims to strengthen the capacity of the Third Sector of Social Action as an interlocutor before the General Administration of the State for the design, implementation and monitoring of public policies in the social policy, in order to ensure a harmonious development of social policies, a correct identification of the needs of the groups concerned and an optimal use of resources.

of the priorities of the government is precisely the impetus of this dialogue, an outstanding example of this in the field of the Ministry of Health, Social Services and Equality, the creation of the Commission for the Civil Dialogue with the Platform of the Third Sector of Social Action. Since its constitution in February 2013, this institutional participation body has been an effective forum for meetings between representatives of the General Administration of the State and the Platform of the Third Sector, which covers the most important sectors. entities, organizations and federations of the Third Sector of Social Action at the State level. Within the framework of this, and through dialogue, important measures of public interest for the Third Sector of Social Action have been jointly promoted. Also, as a materialization of this principle of civil dialogue, and active collaboration, participation and close consultations between the General Administration of the State and the representation of the Third Sector of Social Action, the Law collects the Regulation of the State Council of Non-Governmental Organizations of Social Action. It is a collegial body, of participation, which is configured as a scope of encounter, dialogue, proposal and advice in public policies of social interest, with the aim of institutionalizing collaboration, cooperation and permanent dialogue between the Ministerial Department of social and inclusion policies and the Third Sector Platform.

The Law, therefore, guarantees the real and effective participation of the entities of the Third Sector of Social Action, in accordance with the principle of civil dialogue, in the procedures of elaboration, development, implementation, monitoring and Review of social norms and policies, in the field of State Administration, through participation bodies, ensuring a permanent mechanism of dialogue.

Although the Third Social Action Sector has become a prominent player in the fight against situations of greater social vulnerability during the last decades, the development of the set of non-profit entities In order to meet objectives of public interest, with the current dimension and relevance, it has been produced without a state-wide regulatory framework.

This Law comes with the ultimate aim of establishing clear legal outlines and self-regulation, clearly shaping the nature and guiding principles of the actions of the entities in the Third Sector. Social Action, whose actions cannot in any case dilute the responsibility of the General Administration of the State, nor do it compete or interfere with other entities committed to the defense of the social interests or the activity of the social agents proper.

Thus, the Law establishes a series of guiding principles for the actions of the entities that make up the Third Sector of Social Action, some of them being organizational in nature, such as having their own legal personality, be of a private legal nature, not be of profit, to ensure the democratic participation of its members, or to have an altruistic character, and others referred to its performance, as autonomy in the management and decision making regarding the powers public, transparency in management, promotion of equal opportunities and equal treatment and non-discrimination. discrimination between all persons with particular regard to the principle of equal opportunities for men and women and to carry out objectives of general and social interest.

In addition, the law provides for a series of measures to promote these entities, in order to support and promote the principles of the Third Sector of Social Action, guarantee their sustainability and their participation in social policies, and to recognize, in accordance with the procedures that they regulate, their status as collaborating entities of the General Administration of the State, as provided for in the legislation in force. In any event, and within the tax legal framework that is applicable at any time, the entities of the Third Sector of Social Action shall enjoy the maximum tax benefits recognized as a general rule in the current system of incentives. tax on private participation in activities of general interest, which will be reviewed whenever necessary, in order to improve it. Awareness-raising measures are also envisaged to strengthen the role of these entities and to consolidate their public image.

Finally, the Law provides for the government's approval, within twelve months of its entry into force, of a program to promote the entities of the Third Sector of Social Action. This programme will contain various measures, such as the promotion, dissemination and training of the Third Social Action Sector, its cooperation with State public services, financing, the strengthening of the mechanisms for cooperation between the General Administration of the State and the entities of the Third Sector of Social Action, with special attention to the use of concerts and conventions, as well as institutional participation, in order to guarantee the strengthening of the role of the Third Sector Social Action entities in social policies, designed and implemented in the the benefit of individuals and groups, who suffer from vulnerability or who are at risk of social exclusion.

CHAPTER I

General provisions

Article 1. Object.

The purpose of this Law is to regulate the entities of the Third Sector of Social Action, to strengthen their capacity as interlocutors before the General Administration of the State, with respect to public social policies and to define measures (a) the promotion of the benefit of the public authorities.

Article 2. Concept.

1. The entities of the Third Sector of Social Action are those organizations of a private nature, arising from the citizens ' or social initiative, under different modalities, which respond to criteria of solidarity and social participation, for the purpose of general interest and non-profit, which promote the recognition and exercise of civil rights, as well as the economic, social or cultural rights of persons and groups suffering from vulnerable conditions or who are they are at risk of social exclusion.

2. In any case, associations, foundations, and associations or associations that integrate them are entities of the Third Sector of Social Action, provided that they comply with the provisions of this Law. For the representation and defense of their interests in a more effective way, and in accordance with the Organic Law 1/2002, of March 22, regulating the right of association, and with its specific regulations, the entities of the Third Sector of Social Action may constitute associations or federations which may, in turn, be grouped together.

Article 3. Scope of application.

This Law applies to all entities in the Third Sector of State-wide Social Action, provided that they act in more than one Autonomous Community or in the Autonomous Cities of Ceuta and Melilla.

CHAPTER II

Guiding Principles

Article 4. Guiding principles.

These are the guiding principles of the entities of the Third Sector of State-wide Social Action, regardless of their legal nature:

a) Having legal personality.

b) Being of a private legal nature.

c) Not to be profit-minded and to be altruistic.

(d) Ensure democratic participation in its membership, in accordance with the rules applicable to the legal form it adopts.

e) To act transparently, both in the development of its social object and in the operation, management of its activities and accountability.

f) Develop its activities with full guarantees of autonomy in its management and decision-making regarding the General Administration of the State.

g) Contribute to making social cohesion effective, through citizen participation in social action, through volunteering.

(h) Act in such a way as to effectively observe in its organization, operation and activities the principle of equal opportunities and treatment and non-discrimination regardless of any personal or social circumstances, and with special attention to the principle of equality between women and men.

i) Carry out objectives and activities of general interest defined in a rule with a range of law, and in any case, the following activities of social interest:

1. Attention to people with comprehensive social-health care needs.

2. Attention to people with educational or job insertion needs.

3. The promotion of citizen security and crime prevention.

CHAPTER III

Participation

Article 5. Participation.

The entities of the Third Sector of Social Action will be incorporated into the institutional participation bodies of the General Administration of the State, whose sector-wide scope of action corresponds to the entities ' own. The representation in these bodies will correspond to those organisations which have a state level and which are mainly members of the Third Sector Social Action.

CHAPTER IV

Promotion Action

Article 6. Measures to promote the entities of the Third Sector of State-wide Social Action.

1. The measures to promote the Third Sector of State-wide Social Action of the General Administration of the State are:

a) Support and promote the principles of the Third Social Action Sector.

(b) Adecuate public financing systems in the framework of budgetary stability legislation and, in any event, in accordance with the provisions of the European Union legislation on State aid.

c) Encourage the diversification of funding sources, especially by improving regulation on patronage and boosting corporate social responsibility.

d) To promote the use of regulatory instruments that are more appropriate in each case, to promote the social inclusion of people and groups suffering from vulnerable conditions, persons and groups at risk of social exclusion and care for people with disabilities or in a situation of dependency.

e) Ensuring the participation of the Third Sector of Social Action in the various social, employment, equality and inclusion policies, designed in favour of vulnerable people and groups and at risk of social exclusion.

(f) Recognize the entities of the Third Sector of Social Action, in accordance with the procedures that they regulate, the status of collaborating entities of the General Administration of the State.

g) Promote the vocational training and retraining of people, who develop their activity in entities in the Third Sector of State-wide Social Action.

(h) Include in the study plans of the different educational stages, those contents and references to the Third Sector of Social Action, precise for their fair assessment as a way of participation of the citizenry and the groups in which civil society is integrated.

i) Promote the entities of the Third Sector of Social Action as one of the relevant instruments to channel the effective exercise of the rights to the social participation of the citizenry in a democratic society advanced.

j) Take concrete measures, aimed at boosting the participation of women in the Third Sector of Social Action.

k) Promote and support initiatives aimed at the incorporation of responsible management criteria in the entities of the Third Sector of Social Action.

l) Strengthen and promote good governance and transparency practices and criteria in these organizations.

m) To enhance and facilitate cooperation initiatives between companies and entities in the Third Sector of Social Action.

2. The Government, through the Ministries with competence in the field, will promote actions to promote, support and disseminate the Third Sector of Social Action.

3. In addition, the General Administration of the State and the Autonomous Communities and local authorities will be able to collaborate in the promotion of the principles of the Third Sector of Social Action. In particular, collaboration agreements may be concluded to promote specific actions for promotion, dissemination or training.

Article 7. Programme for the promotion of entities in the Third Sector of Social Action.

The government will approve, within 12 months, from the entry into force of this Law, a program to promote the entities of the Third Sector of Social Action. This programme shall reflect, inter alia, the following measures:

a) Promotion, dissemination and training of the Third Sector of Social Action.

b) Support for the culture of volunteering, under the terms and conditions set by the legislation on volunteering.

c) Cooperation with public services.

(d) Public financing of entities in the Third Sector of Social Action.

e) Access to finance, through official credit institutions.

f) Potentiation of the mechanisms of collaboration between the General Administration of the State and the entities of the Third Sector of Social Action, for the development of programs for the social inclusion of vulnerable people or groups in risk of social exclusion and of care for people with disabilities or in a situation of dependency, with particular attention to the use of concerts and conventions.

g) Institutional participation provided for in Article 5.

CHAPTER V

Participation organs

Article 8. State Council of Non-Governmental Organizations of Social Action.

The State Council of Non-Governmental Organizations of Social Action will be regulated, as a collegiate body of an interagency and consultative nature, attached to the General Administration of the State, through the Ministry that has the competence in the field of social services, conceived as a field of encounter, dialogue, participation, proposal and advice in the public policies related to the activities established in the point (i) of Article 4.

Article 9. Commission for Civil Dialogue with the Third Sector Platform.

The Commission will be regulated for the Civil Dialogue with the Platform of the Third Sector, in order to institutionalize the permanent collaboration, cooperation and dialogue between the Ministry, which has the Competition in the field of social services, and the Platform of the Third Sector of Social Action, constituted under the Organic Law 1/2002, of 22 March, regulating the right of association, with the shared objective of promoting the recognition of the Third Sector of Social Action as a key player in the defence of social rights; and achieving cohesion and social inclusion in all its dimensions, preventing certain particularly vulnerable population groups from being socially excluded.

Additional disposition first. Guarantee of respect for the distribution of constitutional and statutory powers in force.

This Law shall apply, without prejudice to the powers conferred on the Autonomous Communities in matters of social assistance by their Statutes of Autonomy, as well as in their specific legislation.

Additional provision second. Inventory of entities in the Third Sector of Social Action and statistical information.

1. The Ministry responsible for social services, in collaboration with the Autonomous Communities, shall draw up and keep up to date an inventory of the entities of the Third Social Action Sector. The inventory will be organized according to the different types of entities, and in coordination with the existing registers and catalogues in the autonomous communities. The creation of the inventory will be carried out in advance of the report of the State Council of Non-Governmental Organizations of Social Action. The inventory shall be publicly available, accessible by electronic means and in accordance with the rules in force on universal accessibility.

2. In addition, the Ministry responsible for social services will carry out, in coordination with the other competent ministerial departments and with the autonomous communities, and prior report of the State Council of Government of Social Action, the necessary actions, to be able to provide statistical information of the entities of the Third Sector of Social Action, as well as of its organizations of representation.

Additional provision third. Government report.

The government, within two years of the approval of the program to promote the third sector entities, will send to the Congress of Deputies a report that will analyze and evaluate the effects and consequences of the of the application of this Law.

Additional provision fourth. No increase in public spending.

The regulation included in this Law will not be able to increase public spending, increase of appropriations, remuneration, or other personnel costs.

Additional provision fifth. Finalist actions through collaboration with the Third Sector of Social Action.

The content of this Law is understood, without prejudice to the ability of the State to promote final performances through collaboration with the Third Sector, in areas of action derived from the exercise of its competences, in relation to specific groups in conditions of vulnerability or who are at risk of social exclusion, with respect to the competences of the Autonomous Communities. In any case, any public action in relation to the entities of the Third Sector of Social Action should be subject to the principle of public competition and the application of objective and transparent criteria for concession and award.

Additional provision sixth. Payment of outstanding obligations of the Autonomous Communities and local entities.

The outstanding obligations of the Autonomous Communities and the Local Entities with the Entities of the Third Sector of Social Action, as a result of collaboration agreements signed in the field of social services, have similar treatment to that of other suppliers, in terms that are legally foreseen.

Additional provision seventh. Aid and public subsidies to entities in the Third Sector of Social Action.

In the interest of the general interest to which they serve and the singularities of their nature and activities, within the general framework of the rules on grants, the regulatory bases of the calls of the General Administration The State shall consider the specialties of the entities of the Third Sector of Social Action in support, aid and public grants.

Single transient arrangement. Grants for direct grant to entities in the Third Sector of Social Action.

1. During the financial year 2015 and while the general procedure is established, the entities of the Third Sector of State Social Action recognized as collaborators with the General Administration of the State, in accordance with the Royal Decree-Law No 7/2013 of 28 June 2013 on urgent measures of a tax, budgetary and promoting nature to promote research, development and innovation, will receive the direct award grants as follows: in accordance with Article 22.2.b) of Law 38/2003 of 17 November 2001, General de Grants and Article 66 of the Regulation which develops it. In the case of federations, confederations, unions or platforms of entities of the Third Sector of Social Action, the state-wide entities associated within the former may be beneficiaries of the grants. the grant shall be determined, where appropriate, in the agreement or in the resolution which channels the grant in accordance with paragraph 2, and pursuant to Articles 11.2 and 11.3 of Law 38/2003 of 17 November, General Grants. Your credit will be paid to the entities, for the amounts and charged to the applications of the 2015 budget listed below:

26.16.231F.480 "To institutions for victims of terrorism."

Victims of Terrorism Foundation, for an amount of 105,000.00 euros.

26.16.231F.486 "For social action actions".

Spanish Red Cross, for an amount of 1,453,684.00 euros.

Caritas Española, for an amount of EUR 850,272.00.

Action Against Hunger Foundation, for an amount of 70.000.00 euros.

Social Action NGO Platform for an amount of 652,858.00 euros.

European Network for Combating Poverty and Social Exclusion in the Spanish State, for an amount of EUR 420,652.00.

Volunteering platform of Spain, for an amount of 442,260.00 euros.

Third Sector Platform, for an amount of EUR 129,584.00.

26.16.231G.483 "For childhood programs and families".

Association of Families and Women of the Rural Environment, for an amount of 70,000.00 euros.

Union of Family Associations, for an amount of EUR 350,000.00.

Platform for Children's Organizations, for an amount of 1,133,574.00 euros.

Spanish Confederation of Parents and Parents Associations, for an amount of 80,185.00 euros.

National Catholic Confederation of Parents and Parents of Alumni, for an amount of 54,000.00 euros.

Spanish Federation of Numerous Families, for an amount of 228,000.00 euros.

National Federation of Meeting Points for the Right of Visits, for an amount of 40,000.00 euros.

Spanish Family Forum, for an amount of 55,000.00 euros.

Spanish Federation of Food Banks, for an amount of 85,000.00 euros.

Roma Secretariat Foundation, for an amount of EUR 211,431.00.

Khetane Platform of the Gypsy Association of the Spanish State, for an amount of 40,000 euros.

26.17.231F.482 "For disability programs".

CNSE. State Confederation of Deaf Persons, for an amount of EUR 240,000.00.

Spanish Committee of Representatives of Persons with Disabilities, for an amount of 295,000.00 euros.

FESSPACE Autism Confederation, for an amount of 126,000 euros.

Autism Confederation Spain, for an amount of EUR 140,000.00.

Spanish Confederation of Families of Deaf Persons (FIAPAS Confederation) for an amount of 235,000.00 euros.

Spanish Confederation of Family and Persons with Mental Illness (FEAFES Confederation Health Mental Health Spain), for an amount of 187,000.00 euros.

Spanish Confederation of Care Organizations with Cerebral Palsy and Ends, for an amount of 165,000.00 euros.

FEAPS. Spanish Confederation of Organizations in Favor of Persons with Intellectual or Development Disability, for an amount of 430,000.00 euros.

Spanish Confederation of Persons with Physical and Organic Disabilities, for an amount of 1,142,000.00 euros.

Down Spain-Spanish Federation of Institutions for Down Syndrome, for an amount of EUR 129,000.00.

Federation of Associations of the Coclears of Spain-Federation AICE, for an amount of 20,000.00 euros.

Federación de Asociaciones de Personas Sordociegas de España, for an amount of 25,000.00 euros.

Spanish Federation of Brain Damage, for an amount of 91,000,00 euros.

Spanish Federation of Rare Diseases, for an amount of 323,000.00 euros.

Spanish Federation of Sordoceguera. FESOCE, for an amount of EUR 14,000.00.

Spanish Federation for the Fight against Multiple Sclerosis, for an amount of 33,000.00 euros.

ONCE Foundation for the Cooperation and Social Inclusion of Persons with Disabilities, for an amount of 153,000.00 euros.

State Representative Platform for Persons with Physical Disability, for an amount of EUR 352,000.00.

2. The purpose of these grants shall be the economic and financial support of the central structures of the institutions, which shall include current expenditure and the normal operating derivatives thereof.

3. The requirements of the beneficiaries, their accreditation, the eligible costs, the competent authority for the award of the grants, the time limits, the form of justification, among others, shall be governed by the provisions of Law 38/2003, 17 of The Commission shall, in accordance with the provisions of Articles 65 and 66 of that Regulation, implement each direct grant, as provided for in Articles 65 and 66 of that Regulation. The resolution or the convention may provide that the grant may be paid in a single advance payment, in accordance with the provisions of Article 34.4 of Law 38/2003 of 17 November, General of Grants and its regulations of development.

Final disposition first. Legislation applicable to the Entities of the Third Sector of Social Action.

The entities of the Third Sector of Social Action shall be governed by the specific legislation, which is applicable according to the legal form they have adopted. The consideration of entities in the Third Sector of Social Action, in accordance with the provisions of this Law, does not excuse the fulfilment of all the requirements and conditions laid down by that specific legislation.

Final disposition second. Competence title.

This Law is dictated under the protection of Article 149.1.1. of the Constitution that attributes to the State exclusive competence over the regulation of basic conditions that guarantee the equality of all Spaniards in the exercise of the rights and the fulfilment of the constitutional duties, except the second paragraph of the second additional provision which is made under the provisions of Article 149.1.31. of the Constitution which confers on the State the competence in Statistics for State purposes.

Final disposition third. Regulatory development.

The Government, in the field of its competences, and after consulting the State Council of Non-Governmental Organizations of Social Action and the Commission for Civil Dialogue with the Platform of the Third Sector, will dictate, with respect to entities in the Third Sector of State-wide Social Action, as many provisions as are necessary for the development and implementation of this Law.

Final disposition fourth. Entry into force.

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

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, October 9, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY