Law 36/2015, 28 September, National Security.

Original Language Title: Ley 36/2015, de 28 de septiembre, de Seguridad Nacional.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10389

FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: index preamble.

Title preliminary. General provisions.

Title i. national security bodies.

Title II. System of security national.

Title III. Crisis management in the framework of the national security system.

Title IV. Contribution of resources to national security.

PREAMBLE I security constitutes the basis upon which a society can develop, preserve their freedom and the prosperity of its citizens, and ensure the stability and correct functioning of its institutions.

The legislation Spanish so it recognizes and interprets, and contains instruments regulatory that, starting of the frame designed by the Constitution, regulate them aspects fundamental that have come allowing to them powers public comply with their obligations in this matter.

Thus, the rules applicable to States of alarm, exception and site, the national defense forces and security bodies, to the protection of public safety, critical infrastructure protection, civil protection, action and foreign State or private security service, regulate, along with legislation criminal and the treaties and international agreements to which Spain is a party , different aspects of it security.

This regulation is based on the allocation of powers to the different authorities and public administrations, and is articulated in a traditional and comparable model with the neighbouring countries, which has been shown valid so far and which has allowed to address the security needs of an open, free and democratic society such as the Spanish.

However, in the world current, and in the environment more predictable for the future, them actors and circumstances that put in danger them levels of security, is are subject to constant mutation, and is responsibility of them powers public provide is of the regulations, procedures and resources that you allow respond with efficiency to these challenges to it security.

In this context, the field of national security as a new space for public performance, focused on the harmonization of objectives, resources and existing security policies appears.

In this sense, the security national is understands as the action of the State directed to protect the freedom and the welfare of their citizens, to ensure the defense of Spain and their principles and values constitutional, as well as to contribute next to our partners and allied to the Security International in compliance of them commitments assumed; a concept which, to date, had not been subject to a comprehensive normative regulation.

This integration effort is of much greater importance that national security should be considered a goal shared by the different administrations, State, regional and local, the constitutional organs, especially the general courts, the private sector and civil society, within the projects of the international organizations of which we are part.

On the other hand, the reality shows that the challenges to national security that affect society are sometimes a high complexity that goes beyond the borders of traditional categories such as defence, public safety, external action and intelligence, as well as other more recently incorporated in concern for the safety, such as the environment, energy , the transports, the cyberspace and the stability economic.

The dimension that acquire certain risks and threats, his accused transversality, or a combination of these traits with its nature open and uncertain, as it is the case in situations of interest to national security defined by this law, are factors that clearly indicate that all response involving different agents and instruments of national security will be reinforced and will be more efficient if carried out in a coordinated manner.

The higher national interest requires better coordination of the different public administrations, looking for frames of prevention and response that will help to solve the problems posed by divided action, organizing at various levels and in a holistic manner, the coordinated action of the agents and instruments at the service of the national security.

This law is issued in order to respond to this demand, which is being expressed by national security agents integrated in public administrations, the private sector and society in general. It does not affect the regulation of the different agents and instruments that are already subject to specific sectoral rules, but that facilitates harmonious insertion into the scheme of general organization, established by the national security strategy, of May 31, 2013, under the name of national security system, and led by the Prime Minister.

II this Act is divided into five titles.

In the preliminary title, as well as the provisions relating to its purpose and scope, the law establishes the definitions and general principles underlying the concept of national security as a State policy, the culture of national security, cooperation with the autonomous communities, the private partnership, the key components, as well as areas of special interest and their obligations.

In the title I outlined what national security bodies and skills are assigned in this matter.

For its part, title II is dedicated to the creation and definition of the system of national security, their functions and organization.

He title III regulates the management of crisis, as frame general of operation of the system of security national, and establishes definitions and powers in this matter. The regulation of the situation of interest for it security national provides that not is exercise in she them powers own of them States of alarm and of exception, so if this is necessary would have that proceed to its Declaration and to the submission to its normative specific.

Finally, the title IV regulates the contribution of resources to the security national, that forwards to a new law to develop.

The part end of the law includes four provisions additional on coordination with instruments international of management of crisis, approval of instruments of management of crisis and communication public respectively; a provision transient relative to the activity of those committees specialized existing to the entry in force of this law; and four final provisions governing competence certificates, regulatory development, the legislative mandate and the entry into force.

PRELIMINARY TITLE General provisions article 1. Object.

This law is intended to regulate: to) the basic principles, governing bodies and authorities, and the fundamental components of national security.

(b) the system of national security, its management, organization and coordination).

(c) crisis management.

(d) the contribution of resources to national security.

Article 2. Scope of application.

1.esta law shall apply to the different public administrations and, in the terms that it is established, to the natural or legal persons.

2. the States of alarm and exception, are governed by its specific regulations.

Article 3. Security national.

To them effects of this law is means by security national it action of the State directed to protect the freedom, them rights and welfare of them citizens, to ensure the defense of Spain and their principles and values constitutional, as well as to contribute next to our partners and allies to the Security International in the compliance of them commitments assumed.

Article 4. Policy of security national.

1. it political of security national is a political public in which low it address of the President of the Government and the responsibility of the Government, participate all them administrations public, in accordance with their respective skills, and the society in general, for respond to them needs of it security national.

2. them principles basic that will guide the political of security national are the unit of action, anticipation, prevention, efficiency, sustainability in the use of those resources, capacity of resistance and recovery, coordination and collaboration.

3. the strategy of security national is the frame political strategic of reference of the policy of security national. Contains the analysis of the environment strategic, concrete them risks and threats that affect to the security of Spain, defines the lines of action strategic in each field of action and promotes the optimization of them resources existing. It is made at the initiative of the Prime Minister, who submits it to the approval of the Council of Ministers, and will be reviewed every five years or when advisable due to the changing circumstances of the strategic environment. Once approved, it will be presented at the Cortes Generales under the terms provided for in this law.

Article 5. Culture of national security.

1. the Government shall promote a culture of national security that encourages the active involvement of society in its preservation and guarantee, as a prerequisite for the enjoyment of freedom, justice, well-being, progress and the rights of citizens.


2. to them effects of the number previous, the Government will put underway actions and plans that have by object increase the knowledge and the awareness of the society about them requirements of it security national, of them risks and threats susceptible of commit it, of the effort of them actors and agencies involved in its safeguards and it stewardship of all in them measures of advance prevention, analysis, reaction, resistance and recovery with respect to these risks and threats.

Article 6. Cooperation with the autonomous communities.

1. cooperation between the State and the communities autonomous in them materials own of this law, is held through the Conference sectoral for Affairs of the security national, all this without prejudice of them functions assigned to the Council of security national.

2 in particular, will be up to the Conference, as a body for cooperation between the State and the autonomous communities, the treatment and resolution in accordance with the principle of cooperation issues of common interest related to national security, such as the following: to) technical procedures to ensure the reception of the information about national security in General by the autonomous communities , and the articulation of the information that they have to bring to the State.

(b) Formulas of participation in them developments normative on security national, through procedures internal that facilitate the application of them performances of the political of security national, as well as in the elaboration of them instruments of planning that is provides for use.

(c) problems in the implementation of national security policy and the framework of the respective autonomous statutory powers.

3. the participation of cities with statute of autonomy of Ceuta and Melilla in matters related to national security will also be articulated at the Conference, forming part of a representative of each one of them.

4. for its proper operation, the Conference will draw up a regulation internal. The agreements of the Conference shall be adopted pursuant to article 5 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and its rules of procedure.

Article 7. Private collaboration.

1. private entities, provided that the circumstances warrant it and, in any case, when they are essential services and operators of critical infrastructure that could affect national security, should collaborate with public administrations. The Government will establish by regulation mechanisms and forms of this cooperation.

2. the Government, in coordination with them communities autonomous, establish runways that encourage the participation of the sector private in the formulation and execution of the political of security national.

Article 8. Participation of citizens in national security.

The Government, in coordination with the autonomous communities, establish mechanisms that facilitate the participation of civil society and their organizations in the formulation and implementation of national security policy.

Article 9. Key components of national security.

1. are considered essential components of national security for the purposes of this Act the national defense, public security and external action, which are regulated by its specific regulations.

2. the services of intelligence and information of the State, in accordance with the scope of their powers, permanently will support national security system, providing elements of judgment, information, analysis, studies and proposals necessary to prevent and detect risks and threats and contribute to their neutralization.

Article 10. Areas of special interest of national security.

Is considered areas of special interest of the security national those that require an attention specific by result basic to preserve them rights and freedoms, as well as the welfare of them citizens, and to ensure the supply of them services and resources essential. For the purposes of this law, they shall be, among others, cybersecurity, economic and financial security, maritime safety, the safety of air and outer space, energy security, health security and the preservation of the environment.

Article 11. Obligations of public administrations in the areas of special interest.

1. within the framework of the national security system, public administrations with competences in areas of special interest of national security, will be required to establish mechanisms for coordination and exchange of information, particularly in relation to systems of surveillance and early warning against possible risks and threats.

2. Likewise, without prejudice to the provisions of the regulations for protection of critical infrastructure, public administrations mentioned above will ensure the availability of essential services and the guarantee of the supply of energy resources, water and power, drugs and medical devices, or any other services and necessities or strategic resources.

TITLE I the article national security bodies 12. Competent bodies in the field of national security.

1 are competent bodies in the field of national security: to) the general courts.

(b) the Government).

(c) the President of the Government.

(d) Ministers.

(e) the National Security Council.

(f) the delegates of the Government in the autonomous communities and cities with statute of autonomy of Ceuta and Melilla).

2. for the purposes of this law, means that they are competent bodies of the autonomous communities and cities with statute of autonomy of Ceuta and Melilla, that apply according to the provisions of each statute of autonomy, in relation to the powers which in each case are related to national security.

3. local authorities shall exercise the competences that correspond them agree with this law and with the provisions of the legislation of local regime and other laws that are applicable.

Article 13. The Cortes Generales.

1. with independence of them functions that the Constitution and them others provisions legal assigned to them cuts General, les corresponds discuss them lines General of it political of security national, to whose effects the Government will present to them same, for your knowledge and debate, it strategy of security national, as well as the initiatives and plans corresponding.

2. is shall appoint in them cuts General a Commission mixed Congress of security national, following for this it willing in them regulations of them cameras, so that them cameras have the participation proper in them areas of the security national and have of it more wide information on them initiatives in the frame of the political of security national. In the breast of this Commission mixed appear annually the Government, through the representative that designate, to report on the evolution of the security national in said period of reference. Also, in this Commission joint will be presented the strategy of security national and their revisions.

Article 14. The Government.

Corresponds to the Government: to) establish and manage national security policy and ensure its implementation.

(b) approve the national security strategy and its revisions by Royal Decree, in the terms provided for in this law.

(c) carry out the Declaration of resources of interest to national security in coordination with the autonomous communities.

Article 15. The President of the Government.

Corresponds to the President of the Government: to) direct national security policy and the national security system.

(b) propose the national security strategy and its revisions.

(c) declare the location of interest to national security.

(d) exercise the other powers that attributed you this law, and other legal and regulatory rules that are applicable within the framework of the national security system.

Article 16. The Ministers.

To them ministers, as responsible of develop the action of the Government in the materials that les are own, les corresponds develop and run the political of security national in them areas of their respective departments Ministerial.

Article 17. The Council of security national.

He Council of security national, in its condition of Commission associate of the Government for it security national, is the organ to which corresponds attend to the President of the Government in the address of the political of security national and of the system of security national, as well as exercise them functions that is you attributed by this law and is you assigned by its regulation.

TITLE II system of security national article 18. The system of security national.

1. system of security national is the set of organs, organisms, resources and procedures, integrated in the structure planned in the article 20 of this law, that allows to them bodies competent in matter of safety national exercise their functions.

2. in the system of national security are integrated the components following the link and coordination mechanisms to be determined by the National Security Council, acting under its own structures and procedures. Depending on the needs, tasks may be assigned to other agencies and entities, public or private ownership.

Article 19. Functions.


The national security system corresponds to evaluating factors and situations that can affect national security, collect and analyze information enabling you to make the decisions needed to direct and coordinate the response to situations of crisis referred to in this law, identify the needs and propose measures on planning and coordination with the set of public administrations , to ensure the availability and the correct operation of the resources of the system.

Article 20. Structure of the system of national security.

1. the Prime Minister directs the system assisted by the National Security Council.

2. the Department of security national shall exercise the functions of secretariat technical and organ of work permanent of the Council of security national and of their organs of support, as well as them others functions planned in the normative that le is of application.

3. the organs of support of the National Security Council, with the designation of specialized committees or other determined, exercise the functions assigned by the National Security Council in the areas of performance expected in the national security strategy, or when the circumstances of crisis management require you.

4. will be object of development regulatory, in coordination with them administrations public affected, the regulation of them bodies of coordination and support of the Department of security national, as well as of them mechanisms of link and coordination permanent with them agencies of all them administrations of the State that are necessary for the system of security national can exercise their functions and meet their objectives; all of this without prejudice to the forecasts that in the field of crisis management are contained in title III.

Article 21. Functions and composition of the National Security Council.

(1. corresponds to the Council of safety national exercise the following functions: to) dictate the guidelines necessary in matter of planning and coordination of the political of security national.

b) lead and coordinate the actions of management of crisis situations in the terms provided for in title III.

(c) to supervise and coordinate the national security system.

(d) verify the degree of compliance of the strategy of security national and promote e boost their revisions.

(e) promote and encourage the development of second-level strategies that are necessary and proceed, if appropriate, their approval, as well as its periodic revisions.

(f) organize the contribution of resources to the security national according to what established in this law.

(g) approve the report annual of security national before its presentation in the Cortes General.

(h) remember the creation and strengthening support organs necessary for the performance of its functions.

(i) to promote the necessary regulatory proposals for the strengthening of the system of national security.

(j) perform other functions which attributed the legal and regulatory provisions that apply to them.

2. to proposal of the President of the Government, the Council of security national shall report to the King at least one time to the year. When the King attends the meetings of the Council, he shall preside.

3. the composition of the National Security Council shall be determined in accordance with the provisions of paragraph 8 of this article. In any case, should form part of the Council: to) the Prime Minister, who will preside over it.

b) the Vice-Presidents of the Government, if any.

(c) the Ministers of Foreign Affairs and cooperation, justice, defense, finance and public administration, Interior, development, industry, energy and tourism, Presidency, economy and competitiveness and of health, social services and equality.

(d) the Director of the Cabinet of the Presidency of the Government, the Secretary of State for Foreign Affairs, the Chief of the defence staff, the Secretary of State for security and the Secretary of Director of the National Intelligence Center.

4. the Director of the Department of Homeland Security will be summoned to meetings of the National Security Council.

5. also may be part of the Council, when they are summoned depending on the issues to be treated, the owners of the other ministerial departments and regional authorities involved in the taking of decisions and actions to develop the Council.

6. without prejudice to the provisions of paragraphs 3 and 4, holders of organs above and managers of the General Administration of the State, of public bodies, the autonomous communities and cities with statute of autonomy, as well as the authorities of the Local Administration, will be invited to meetings of the Council when their contribution is considered necessary , and in all case when those Affairs to treat affect to their respective competences.

7. also can be convened those people physical or legal whose contribution is consider relevant to the view of those Affairs to treat in the order of the day.

8. by real Decree agreed in Council of Ministers, to proposal of the President of the Government, is develop the concrete composition, organization and functions of the Council of security national, in the frame of it willing in this law.

TITLE III management of crisis in the framework of the system of security national article 22. Management of crisis.

1. crisis management is the ordinary set of actions aimed at detecting and rating specific to national security risks and threats, facilitate the decision-making process and ensure an optimum and coordinated response of State resources that are necessary.

2. crisis management can be developed through instruments of prevention, detection, response, return to normalcy and evaluation. Its development will be gradual and will involve various organs that make up the structure of the national security system, according to their competences and in accordance with the situation of crisis that occurs. In addition, the authorities of the autonomous community, where appropriate, be affected participate in crisis management.

Article 23. Location of interest to national security.

1. crisis management will take place in the location of interest to national security, adapted to the specific circumstances of the same, in accordance with the provisions of this title.

2. the situation of interest to national security is one in which, by the gravity of its effects and the dimension, urgency and mainstreaming of measures for their resolution, requires strengthened coordination of the competent authorities in the performance of their regular duties, under the direction of the Government, within the framework of the national security system , guaranteeing the operation optimal, integrated and flexible of all them resources available, in the terms provided in this law.

3. the situation of interest for the security national is will face with them powers and media ordinary of the different administrations public and in no case may involve the suspension of them rights fundamental and freedoms public of them citizens.

Article 24. Statement of the situation of interest for the security national.

1. situation of interest for the security national is declared by the President of the Government by Royal Decree. (The statement shall include, at least: to) the definition of the crisis.

(b) the area geographical of the territory affected.

(c) the duration and, where applicable, possible extension.

(d) the appointment, in its case, of a functional authority, and the determination of its powers to direct and coordinate the actions that apply.

(e) the determination of the human and material resources needed to deal with the situation of interest to national security, provided for in the plan of preparation and provision of resources, as well as additional resources that are required in each case, in accordance with the provisions of title IV.

2. the statement of situation of concern to national security will be the obligation of the competent authorities provide the human and material resources necessary that are under their dependence, for the effective implementation of the mechanisms of action.

3. the Government shall immediately inform the Congress of the measures taken and the developments of interest to national security.

Article 25. Functions of the National Security Council on crisis management.

1. the National Security Council will determine the necessary liaison and coordination mechanisms so that national security system is active preventive and monitoring of assumptions that can lead to a situation of interest to national security.

2. in the location of interest to national security the Prime Minister will convene the National Security Council that exert the functions of management and coordination of the management of this situation, without prejudice to the application of the legislation in the field of national defense and the competencies that correspond to the Council of Ministers. In those cases in which the President of the Government decide designate an authority functional for the impulse and the management coordinated of them performances, the Council of security national advise on the appointment of such authority.


3. the Council of security national advise to the President of the Government when the situation requires the application of measures exceptional planned in them instruments of management of crisis of them organizations International of which Spain is member, all this without prejudice of them powers that correspond to the Council of Ministers and of it intended in the legislation in matter of Defense National.

Article 26. Organs of coordination and support of the Council of safety national in matters of management of crisis.

1. management of crisis the National Security Council will be assisted by a Committee specialized unique for the whole of the system of national security, which will be supported by the Department of Homeland Security. To the cited Committee specialized you will correspond, among other functions, develop proposed of them guidelines political and formulate recommendations for the address of them situations of interest for it security national. The functional authority, which is appointed by the President of the Government will be chaired by the Member of the National Security Council or in your case.

2 preventive instruments organs for coordination and support of the National Security Council may be activated beforehand, to carry out the analysis and monitoring of assumptions that can lead to a situation of interest to national security. For this purpose, all administrations and public bodies are obliged to collaborate in accordance with provisions of this law.

TITLE IV contribution of resources to the security national article 27. The contribution of resources to national security in the national security system.

1. providing human and material resources both public and private, not attached permanently to the national security, will be based on the principles of gradual and proportionate to what is necessary to deal with contribution and indemnity.

2. the Organization of the contribution of resources to it security national will fall in the Council of security national, in coordination with them communities autonomous, in the terms established in this law and in them others that are of application.

3. the different public administrations, through its competent organs, will benefit from a system of identification, evaluation and planning of media and resources pertaining to their respective spheres of competence, to address potential risks or threats to national security.

4. them communities autonomous and them entities local will collaborate in the elaboration of the plans of resources human and materials necessary for them situations of crisis planned in this law.

5. the private sector will participate in the contribution of resources to national security.

6. the operation and organization of the contribution of resources to the security national is set regulations of conformity with it intended in this law.

Article 28. Catalog of resources for national security.

1. the Government, by agreement of the Council of Ministers, to proposed of the Council of security national, will proceed to approve a catalogue of resources human and of media materials of them sectors strategic of the nation that can be put to available of them authorities competent in the situation of interest for it security national. Its development will take place in coordination with sectoral catalogues existing on the set of public administrations. To such effects, the autonomous communities shall draw up corresponding catalogues of resources based on their own competences and to the information provided by the Government, which will be integrated into the mentioned catalogue.

2. said catalog will be updated when so is set by the Government and, in all case, whenever is check the strategy of security national, in accordance with the new risks and threats.

3. Once approved the catalogue, components of the national security system will establish guidelines and procedures to train people and to adapt the means and facilities, public and private, if necessary. For these purposes, plans preparation and provision of resources to national security will be developed.

Article 29. Statement of resources for national security.

1. the Government approve the Declaration of resources that may be used in the location of interest to national security provided for in this law by Royal Decree. This Royal Decree shall include the relationship of human and material resources, both public and private, that apply.

2. the provision of resources shall be carried out by means of the assignment to the national security system of personnel, facilities and resources, according to the plans enabled the situation of interest to national security provided for in this law. The assignment of these resources will be done as it is established by law, in coordination with the autonomous communities.

3. any loss incurred as a result of the Declaration of resources for national security will lead to appropriate compensation, in accordance with provisions in the laws that may apply and, specifically, in the articles 139 et seq. of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

First additional provision.

Them instruments of management of crisis and of the contribution of resources of the system of security national will serve of support in them States of alarm and of exception of conformity with its own regulation specific, to decision of the Government, and without prejudice of it provisions in the legislation of Defense National.

Provision additional second. Coordination with other instruments international of management of crisis.

The rules and procedures of management of crisis of the system of security national shall be compatible and comparable with them instruments of management of crisis of them organizations international in which Spain is part.

Provision additional third. Approval of the instruments of management of crisis.

Them organs competent of them different administrations public review, in the term of six months from the entry in force of this law, their rules and procedures of performance for adapt and coordinate its operation in the system of security national.

Fourth additional provision. Communication public.

The national security system must have an information policy for crisis situations, whose coordination will be provided by the authority exercised by the Government's spokesman.

Available to transient only. Activity of the existing specialized committees to the entry into force of this law and procedures.

1. the specialized committees of the National Security Council existing at the entry into force of this Act, continue to develop their functions in accordance with the respective agreements of Constitution until they are adapted to the provisions of this law, which must be within three months from its entry into force.

2. in particular, in this process of adaptation of the agreements of Constitution of the specialized committees referred to in the preceding paragraph, will be driven adaptation or preparation of the procedures necessary to coordinate their actions with other colleges or dependent of these groups come together in crisis management, in the framework of the provisions of the articles 18.2 and 22.

Available end first. Competence titles.

This law is dictates to the amparo of it arranged in the article 149.1.4. ª and 29th of the Constitution that attributed to the State the competition exclusive in matter of Defense and forces armed and in matter of security public.

Second final provision. Development regulation.

Is empowers to the Government and to them holders of them departments Ministerial, in the scope of their respective competences, to dictate few provisions are necessary for the execution and development of it established in this law.

Third final provision. Mandate legislative.

He Government, in the term of a year from the entry in force of this law, must send to the Congress of them members a project of law regulatory of the preparation and provision of the contribution of resources to it security national.

Available to finish fourth. Entry in force.

The present law shall enter in force the day following to the of your publication in the «Bulletin official of the State».

Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.

Madrid, 28 of September of 2015.

PHILIP R.

The President of the Government, MARIANO RAJOY BREY