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:
Preliminary title. General provisions.
Title I. Competent National Security Bodies.
Title II. National Security System.
Title III. Crisis management in the framework of the National Security System.
Title IV. Contribution of resources to National Security.
Security forms the basis on which a society can develop, preserve its freedom and the prosperity of its citizens, and ensure the stability and smooth functioning of its institutions.
Spanish legislation recognizes and interprets it, and contains normative instruments that, based on the framework designed by the Constitution, regulate the fundamental aspects that have been allowed to the public authorities. comply with its obligations in this field.
Thus, the rules applicable to states of alarm, exception and site, to the National Defense, to the Security Forces and Corps, to the protection of citizen security, to the protection of critical infrastructures, to the civil protection, action and the foreign service of the State or private security, they regulate, together with criminal law and international treaties and commitments in which Spain is a party, different aspects of security.
This regulation is based on the allocation of powers to the various authorities and public administrations, and is articulated in a traditional and homologable model with the countries of our environment, which has been proven to be valid until now and that it has made it possible to meet the security needs of an open, free and democratic society such as the Spanish one.
However, in today's world, and in the most foreseeable environment for the future, actors and circumstances that endanger safety levels, are subject to constant mutation, and it is the responsibility of the powers. The public will be equipped with the regulations, procedures and resources that will enable them to respond effectively to these security challenges.
In this context, the National Security field appears as a space for new public action, focused on the harmonization of already existing security objectives, resources and policies.
In this sense, the National Security is understood as the action of the State directed to protect the freedom and well-being of its citizens, to guarantee the defense of Spain and its principles and constitutional values, as well as to to contribute together with our partners and allies to international security in compliance with the commitments made; concept that, to date, had not been the subject of comprehensive regulatory regulation.
This integration effort is so important that national security must be considered a shared objective by the different administrations, state, regional and local, the constitutional bodies, in particular the General Courts, the private sector and civil society, within the projects of the international organizations of which we are a part.
On the other hand, the reality shows that the challenges to the National Security that affect society sometimes have a high complexity, which overflows the borders of traditional categories such as defense, public security, external action and intelligence, as well as more recently incorporated into security concerns, such as the environment, energy, transport, cyberspace and economic stability.
The dimension that takes on certain risks and threats, their accused transversality, or the combination of these traits with their open and uncertain nature, as in the situations of interest to the National Security defined These are factors that clearly indicate that any response involving the various agents and instruments of national security will be strengthened and will be more efficient if it is carried out in a coordinated manner.
The higher national interest requires improving the coordination of the different Public Administrations, seeking prevention and response frameworks to help solve the problems posed by a compartmentalized action, organizing at various levels and in a comprehensive manner, the coordinated action of the agents and instruments in the service of the National Security.
This law is dictated with the purpose of responding to this demand, which is being expressed by the National Security agents integrated in the Public Administrations, by the private sector and by society in general. It does not affect the regulation of the various actors and instruments that are already the subject of specific sectoral rules, but facilitates their harmonic insertion into the general organization scheme, established by the National Security Strategy, of 31 May 2013, under the name of the National Security System, and led by the President of the Government.
This law is structured into five titles.
In the preliminary title, in addition to the provisions relating to its object and scope, the law establishes the definitions and general principles that inspire the concept of National Security as a State Policy, the Culture of National security, cooperation with the Autonomous Communities, private collaboration, key components, as well as areas of special interest and their obligations.
In Title I, they detail what are the competent bodies of National Security and what powers are assigned to them in this matter.
For its part, Title II is dedicated to the creation and definition of the National Security System, its functions and organization.
Title III regulates crisis management, as a general framework for the operation of the National Security System, and establishes definitions and competences in this field. The regulation of the situation of interest to the national security provides that the powers of the states of alarm and of exception are not exercised in it, so that if this is necessary it is necessary to proceed to its declaration and the submission to your specific regulations.
Finally, Title IV regulates the contribution of resources to National Security, which refers to a new law to be developed.
The final part of the law includes four additional provisions on coordination with international crisis management instruments, approval of crisis management instruments and public communication respectively; one transitional provisions relating to the activity of the existing Specialised Committees for the entry into force of this law; and four final provisions governing competition, regulatory development, the legislative mandate and the entry into force.
Article 1. Object.
This law is for regular purpose:
a) The basic principles, higher organs and authorities and the fundamental components of National Security.
b) The National Security System, its direction, organization, and coordination.
c) Crisis management.
d) The contribution of resources to National Security.
Article 2. Scope.
1. This law shall apply to the various public administrations and, in the terms set out therein, to natural or legal persons.
2. The alarm and exception states are governed by their specific regulations.
Article 3. National Security.
For the purposes of this law, National Security shall mean the State's action to protect the freedom, rights and well-being of citizens, to guarantee the defense of Spain and its principles and values. constitutional, as well as to contribute together with our partners and allies to international security in the fulfillment of the commitments made.
Article 4. National Security Policy.
1. The National Security Policy is a public policy under the direction of the President of the Government and the responsibility of the Government, all the Public Administrations participate, according to their respective competences, and the society in general, in order to respond to the needs of National Security.
2. The basic principles that will guide the policy of national security are the unity of action, anticipation, prevention, efficiency, sustainability in the use of resources, resilience and recovery, coordination and collaboration.
3. The National Security Strategy is the strategic policy framework of the National Security Policy. It contains the analysis of the strategic environment, concrete the risks and threats that affect the security of Spain, defines the strategic lines of action in each field of action and promotes the optimization of the existing resources. It is prepared on the initiative of the President of the Government, who submits it to the approval of the Council of Ministers, and will be reviewed every five years or when advised on the changing circumstances of the strategic environment. Once approved, it will be presented in the General Courts in the terms provided for in this law.
Article 5. Culture of National Security.
1. The Government will promote a culture of national security that favors the active involvement of society in its preservation and guarantee, as an indispensable requirement for the enjoyment of freedom, justice, welfare, progress and rights. of the citizens.
2. For the purposes of the previous number, the Government will launch actions and plans aimed at increasing the knowledge and awareness of society about the requirements of National Security, risks and threats. capable of committing it, of the efforts of the actors and bodies involved in its safeguarding and the co-responsibility of all in the measures of anticipation, prevention, analysis, reaction, resistance and recovery with respect to these risks and threats.
Article 6. Cooperation with the Autonomous Communities.
1. The cooperation between the State and the Autonomous Communities in matters of this law shall be carried out through the Sectoral Conference for National Security Affairs, without prejudice to the functions assigned to the Council of National Security.
2. In particular, it shall be the responsibility of the Conference, as an organ of cooperation between the State and the Autonomous Communities, for the treatment and resolution in accordance with the principle of cooperation of those matters of common interest relating to the National Security, such as the following:
(a) Technical procedures to ensure the reception of the information on general national security by the Autonomous Communities, and the articulation of the information that they have to provide to the State.
b) Formulas for participation in the regulatory developments on national security, through internal procedures that facilitate the implementation of the actions of the National Security Policy, as well as in the elaboration of the scheduling instruments to be used.
c) Problems arising in the implementation of the National Security Policy and the framework of the respective autonomous statutory powers.
3. The participation of the Cities with the Status of Autonomy of Ceuta and Melilla in matters related to the National Security will also be articulated in the Conference, forming part of the same one representative of each one of them.
4. For its proper functioning, the Conference shall draw up an Rules of Procedure. The agreements of the Conference shall be adopted in accordance with the provisions of Article 5 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and its Rules of Procedure.
Article 7. Private collaboration.
1. Private entities, provided that the circumstances advise them and, in any case, when they are operating essential services and critical infrastructures that may affect the National Security, will have to collaborate with the administrations Public. The Government will regulate the mechanisms and forms of this collaboration.
2. The Government, in coordination with the Autonomous Communities, will establish channels to encourage the participation of the private sector in the formulation and implementation of the National Security Policy.
Article 8. Citizen Participation in National Security.
The Government, in coordination with the Autonomous Communities, will establish mechanisms to facilitate the participation of civil society and its organizations in the formulation and implementation of the National Security Policy.
Article 9. Key components of Homeland Security.
1. The National Defense, Public Security and Foreign Action, which are governed by their specific regulations, are considered to be fundamental components of National Security.
2. The Intelligence and Information Services of the State, in accordance with the scope of its competences, will permanently support the National Security System, providing elements of judgment, information, analysis, studies and necessary proposals. to prevent and detect risks and threats and contribute to its neutralisation.
Article 10. Areas of special interest to National Security.
It will be considered areas of special national security interest for those who require specific attention for being basic to preserving rights and freedoms, as well as the welfare of citizens, and for ensure the provision of essential services and resources. For the purposes of this law, they will be, inter alia, cyber security, economic and financial security, maritime safety, air and outer space security, energy security, health security and the preservation of the environment. environment.
Article 11. Obligations of public administrations in areas of particular interest.
1. Within the framework of the National Security System, the Public Administrations with powers in the areas of special interest of the National Security, will be obliged to establish mechanisms of coordination and exchange of information, in particular with regard to surveillance and alert systems for potential risks and threats.
2. Furthermore, without prejudice to the provisions of the regulatory framework for the protection of critical infrastructure, the Public Administrations mentioned above will ensure the availability of the essential services and the guarantee of the supply of energy, water and food resources, medicines and medical devices, or any other services and resources of first need or of a strategic nature.
Competent National Security Organs
Article 12. Competent bodies in the field of national security.
1. They are competent bodies in the field of national security:
a) The General Courts.
b) The Government.
c) The President of the Government.
e) The National Security Council.
(f) Government Delegates in the Autonomous Communities and in the cities with the Autonomy Statute of Ceuta and Melilla.
2. For the purposes of this law, it shall be understood that they are competent bodies of the Autonomous Communities and of the cities with Statute of Autonomy of Ceuta and Melilla, which correspond according to the provisions of each Statute of Autonomy, in relation to the competence that in each case is related to National Security.
3. Local authorities shall exercise the powers conferred upon them in accordance with this law and with the provisions of local legislation and other laws applicable to them.
Article 13. The General Courts.
1. Regardless of the functions that the Constitution and the other legal provisions assign to the General Courts, it is up to them to debate the general lines of the National Security Policy, which the government will present to the For their knowledge and debate, the National Security Strategy, as well as the corresponding initiatives and plans.
2. A Joint Congressional-Senate Committee on National Security will be appointed in the General Courts, in accordance with the regulations of the Chambers, in order to ensure that the Chambers have the appropriate participation in the National security and have the widest information on the initiatives in the framework of the National Security Policy. Within this Joint Committee, the Government will appear annually, through the representative it appoints, to report on the evolution of national security in that reference period. In addition, the National Security Strategy and its revisions will be presented in this Joint Commission.
Article 14. The Government.
Corresponds to Government:
a) Establish and direct the National Security policy and ensure its execution.
b) Approve the National Security Strategy and its revisions by royal decree, in the terms provided for in this law.
c) Make the Declaration of Resources of Interest for National Security in coordination with the Autonomous Communities.
Article 15. The President of the Government.
Corresponds to the President of the Government:
a) Directing the National Security Policy and the National Security System.
b) Propose the National Security Strategy and its revisions.
c) Declare the Situation of Interest for National Security.
d) to exercise the other powers conferred on it by this law under the National Security System, and any other laws and regulations applicable to it.
Article 16. Ministers.
To the Ministers, as responsible for developing the Government's action in the matters that are their own, it is up to them to develop and implement the National Security policy in the areas of their respective departments. ministerial.
Article 17. The National Security Council.
The National Security Council, in its capacity as the Government's Delegate for National Security, is the body to assist the President of the Government in the direction of the National Security and of the National Security System, as well as exercising the functions assigned to it by this law and assigned to it by its regulation.
National Security System
Article 18. The National Security System.
1. The National Security System is the set of organs, agencies, resources and procedures, integrated into the structure provided for in Article 20 of this law, which allows the competent national security bodies to exercise their functions.
2. In the National Security System, the fundamental components are integrated according to the mechanisms of liaison and coordination that the National Security Council determines, acting under its own structures and procedures. Depending on the needs, they may be assigned to other bodies and entities, whether public or private.
Article 19. Functions.
It is up to the National Security System to assess factors and situations that may affect national security, to collect and analyze information that will allow the necessary decisions to be taken to direct and coordinate the national security system. response to the crisis situations referred to in this law, to identify needs and to propose measures on planning and coordination with the general government, in order to ensure availability and correct operation of the System resources.
Article 20. Structure of the National Security System.
1. The President of the Government directs the System assisted by the National Security Council.
2. The Department of Homeland Security shall perform the functions of the Technical Secretariat and the permanent body of the National Security Council and its supporting bodies, as well as the other functions provided for in the application.
3. The support bodies of the National Security Council, with the name of a specialised committee or another to be determined, exercise the functions assigned by the National Security Council in the areas of action provided for in the Strategy of National security, or when the circumstances of crisis management require it.
4. It will be the subject of regulatory development, in coordination with the Public Administrations concerned, the regulation of the coordination and support bodies of the Department of Homeland Security, as well as the mechanisms of liaison and coordination. permanent with the agencies of all the State Administrations that are necessary for the National Security System to carry out its functions and to fulfill its objectives; all without prejudice to the forecasts that in the field of management of crises are contained in Title III.
Article 21. Functions and composition of the National Security Council.
1. It is for the National Security Council to perform the following functions:
a) Dictate the necessary guidelines for the planning and coordination of national security policy.
b) Lead and coordinate crisis management actions under the terms of Title III.
c) Monitor and coordinate the National Security System.
d) Verify the degree of compliance with the National Security Strategy and promote and boost its reviews.
e) Promote and promote the elaboration of the second-level strategies that are necessary and proceed, where appropriate, to their approval, as well as to their periodic reviews.
f) Organize the contribution of resources to the National Security as established in this law.
g) Approve the Annual National Security Report prior to its presentation in the General Courts.
h) Agreed to the creation and strengthening of the necessary support organs for the performance of their functions.
i) To push the necessary regulatory proposals for the strengthening of the National Security System.
j) Perform other functions that attribute to you the laws and regulations that apply.
2. On a proposal from the President of the Government, the National Security Council shall inform the King at least once a year. When the King attends Council meetings, he will preside over it.
3. The composition of the National Security Council shall be determined in accordance with paragraph 8 of this Article. In any case, they shall be a part of that Council:
a) The President of the Government, who will chair him.
(b) The Vice-Presidents of the Government, if any.
(c) Ministers for Foreign Affairs and Cooperation, Justice, Defense, Finance and Public Administrations, Interior, Development, Industry, Energy and Tourism, the Presidency, the Economy, and the 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 Defence Staff, the Secretary of State for Security and the Secretary of State-Director of the Centre National Intelligence.
4. The Director of the Department of Homeland Security will be summoned to the meetings of the National Security Council.
5. They may also form part of the Council, when they are convened in the light of the cases to be dealt with, the holders of the other ministerial departments and the autonomic authorities concerned in the decision-making and the action to be taken. part of the Council.
6. Without prejudice to paragraphs 3 and 4, the holders of the higher bodies and directors of the General Administration of the State, of the public bodies, of the Autonomous Communities and of the cities with a Statute of Autonomy, as well as the authorities of the Local Administration, they will be called upon to the Council meetings when their contribution is deemed necessary, and in any case when the matters to be dealt with affect their respective powers.
7. Similarly, those natural or legal persons whose contribution is deemed relevant in the light of the matters to be dealt with on the agenda may also be convened.
8. By means of a royal decree agreed upon in the Council of Ministers, on the proposal of the President of the Government, the concrete composition, organization and functions of the National Security Council will be developed, within the framework of the provisions of this law.
Managing crisis within the framework of the National Security System
Article 22. Crisis management.
1. Crisis management is the ordinary set of actions aimed at detecting and assessing the specific risks and threats to national security, facilitating the decision-making process and ensuring an optimal and coordinated response of the State resources that are required.
2. Crisis management will be developed through instruments of prevention, detection, response, return to normality and evaluation. Its development will be gradual and will involve the different bodies that make up the structure of the National Security System, according to its competences and in accordance with the crisis situation that occurs. In the event of crisis management, the authorities of the Autonomous Community shall be involved, which, where appropriate, may be affected.
Article 23. Situation of Interest for National Security.
1. Crisis management shall be developed in the situation of interest to the National Security, adapting to the specific circumstances of the crisis, in accordance with the provisions of this Title.
2. The situation of interest for national security is one in which, because of the seriousness of its effects and the scale, urgency and mainstreaming of the measures for its resolution, it requires the reinforced coordination of the competent authorities in the performance of their ordinary powers, under the direction of the Government, within the framework of the National Security System, ensuring the optimal, integrated and flexible operation of all available resources, as provided for in this law.
3. The situation of interest to the National Security will be faced with the powers and ordinary means of the various Public Administrations and in no case will it be possible to imply the suspension of the fundamental rights and public liberties of the citizens.
Article 24. Declaration of the situation of interest to the National Security.
1. The situation of interest for the National Security will be declared by the President of the Government through royal decree. The declaration shall include at least:
a) The definition of the crisis.
b) The geographical scope of the territory concerned.
c) The duration and, where appropriate, possible extension.
(d) The appointment, where appropriate, of a functional authority, and the determination of its powers to direct and coordinate the actions that they have taken.
e) The determination of the human and material resources necessary to address the situation of interest to the National Security, provided for in the corresponding plans of preparation and disposition of resources, as well as other additional resources required in each case, in accordance with the provisions of Title IV.
2. The Declaration of State of Interest for National Security will entail the obligation of the competent authorities to provide the necessary human and material resources under their dependence, for the effective implementation of the mechanisms for action.
3. The Government shall immediately inform the Congress of the Members of the measures taken and of the development of the situation of interest to the National Security.
Article 25. Functions of the National Security Council in crisis management.
1. The National Security Council will determine the liaison and coordination mechanisms necessary for the National Security System to be activated in a preventive manner and to follow up on the assumptions that may arise in a situation of National Security interest.
2. In the situation of interest to the National Security the President of the Government shall convene the National Security Council to exercise the functions of management and coordination of the management of that situation, all without prejudice to the implementation of the legislation on national defence and the powers of the Council of Ministers. In cases where the President of the Government decides to designate a functional authority for the promotion and coordinated management of the actions, the National Security Council shall advise on the appointment of that authority.
3. The National Security Council shall advise the President of the Government when the situation requires the application of exceptional measures provided for in the crisis management instruments of the international organizations from which Spain is Member, without prejudice to the powers that correspond to the Council of Ministers and the provisions of the legislation in the field of national defense.
Article 26. Coordination and support bodies of the National Security Council in the field of crisis management.
1. In the field of crisis management, the National Security Council will be assisted by a specialized Committee of a unique nature for the whole of the National Security System, for which it will be supported by the Department of Homeland Security. The above mentioned Committee will be responsible, among other functions, for drawing up proposals for the policy-strategic guidelines and making recommendations for the direction of situations of interest to the National Security. It shall be chaired by the member of the National Security Council or, where appropriate, the functional authority, which is designated by the President of the Government.
2. The preventive instruments of the coordination and support bodies of the National Security Council may be activated in advance, in order to carry out the analysis and monitoring of the cases likely to result in a situation of interest to the National Security. For these purposes, all public administrations and agencies will be obliged to cooperate in accordance with the provisions of this law.
Contribution of Resources to National Security
Article 27. The contribution of resources to National Security in the National Security System.
1. The contribution of human and material resources, both public and private, not permanently attached to the National Security, will be based on the principles of gradual and proportionate contribution to the situation that needs to be addressed and compensation.
2. The organization of the contribution of resources to the National Security shall fall to the National Security Council, in coordination with the Autonomous Communities, in the terms established in this law and in the other terms that are applicable.
3. The various public administrations, through their competent bodies, will have a system of identification, evaluation and planning of means and resources corresponding to their respective areas of competence, in order to address the possible risks or threats to National Security.
4. The Autonomous Communities and Local Entities will collaborate in the elaboration of the human resources and material plans necessary for the crisis situations provided for in this law.
5. The private sector will participate in the contribution of resources to National Security.
6. The functioning and organization of the contribution of resources to the National Security shall be established in accordance with the provisions of this law.
Article 28. Catalogue of resources for National Security.
1. The Government, by agreement of the Council of Ministers, on a proposal from the National Security Council, will proceed to approve a catalogue of human and material resources from the strategic sectors of the Nation that can be put to the provision of the competent authorities in the situation of interest to the national security. Its preparation will be carried out in coordination with the provisions of the sectoral catalogues in the general government. For these purposes, the Autonomous Communities shall draw up the corresponding catalogues of resources on the basis of their own competences and the information provided by the Government, which shall be integrated into the said catalogue.
2. This catalogue will be updated when it is established by the Government and, in any case, every time the National Security Strategy is reviewed, according to the new risks and threats.
3. Once the catalogue has been approved, the components of the National Security System will establish guidelines and procedures to train people and adapt those facilities, public and private, in case of need. To this end, plans for the preparation and disposal of National Security resources will be developed.
Article 29. Declaration of Resources for National Security.
1. The Government will approve by royal decree the Declaration of Resources that can be used in the situation of interest for the National Security provided for in this law. This royal decree will include the relationship of human and material resources, both public and private, that proceed.
2. The provision of resources shall be made through the assignment to the National Security System of personnel, facilities and facilities, according to the plans activated for the situation of interest to the National Security provided for in this law. The allocation of these resources will be made as established in a regulation, in coordination with the Autonomous Communities.
3. Any injury arising as a result of the declaration of resources for national security shall give rise to the corresponding compensation in accordance with the provisions laid down in the applicable legal rules and, in particular, in Articles 139 et seq. of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.
Additional disposition first.
The crisis management instruments and the contribution of the National Security System resources will serve as support in the states of alarm and exception in accordance with their own specific regulation, in accordance with the Government, and without prejudice to the provisions of national defense legislation.
Additional provision second. Coordination with other international crisis management instruments.
National Security System crisis management rules and procedures must be compatible and homologable with the crisis management instruments of international organizations in which Spain is a party.
Additional provision third. Approval of the crisis management instruments.
The competent bodies of the various public administrations will review, within six months of the entry into force of this law, their rules and procedures for adapting and coordinating their operation in the National Security System.
Additional provision fourth. Public communication.
The National Security System must have an information policy for crisis situations, the coordination of which will be carried out by the authority of the Government's Spokesman.
Single transient arrangement. Activity of the existing Specialised Committees at the entry into force of this law and procedures for action.
1. The specialized committees of the National Security Council existing at the entry into force of this law, will continue to develop their functions in accordance with the respective agreements of the constitution until they are adapted to the provisions in this law, which must be done within three months of its entry into force.
2. In particular, in this process of adapting the arrangements for the establishment of the specialised committees referred to in the previous paragraph, the adaptation or preparation of the procedures necessary to coordinate their actions will be taken forward. how many other collegiate bodies or groups dependent on them are involved in crisis management, as provided for in Articles 18.2 and 22.
Final disposition first. Competitive titles.
This law is issued in accordance with the provisions of Article 149.1.4. and the 29th of the Constitution which attribute exclusive competence to the State in matters of defense and the Armed Forces and in matters of public security.
Final disposition second. Regulatory development.
The Government and the holders of the ministerial departments, within the scope of their respective powers, are empowered to make as many provisions as are necessary for the implementation and development of the law.
Final disposition third. Legislative mandate.
The Government, within one year of the entry into force of this law, will have to submit to the Congress of Deputies a draft law regulating the preparation and provision of the contribution of resources to the Security Council. National.
Final disposition fourth. Entry into force.
This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".
I command all Spaniards, individuals and authorities, to keep and keep this law.
Madrid, 28 September 2015.
The President of the Government,
MARIANO RAJOY BREY