The Council of Ministers, at its meeting of 29 May 2015, has adopted an Agreement establishing the determination of industrial capabilities and the area of knowledge affecting the essential interests of the defence and of the National Security.

For general knowledge, this Technical General Secretariat has resolved to have the publication in the "Official State Gazette" of the said agreement, as an annex to this resolution.

Madrid, July 30, 2015. -Ministry of Defense Technical Secretary General David Javier Santos Sanchez.

AGREEMENT OF THE COUNCIL OF MINISTERS DETERMINING THE INDUSTRIAL CAPABILITIES AND AREAS OF KNOWLEDGE THAT AFFECT THE ESSENTIAL INTERESTS OF DEFENSE AND NATIONAL SECURITY

Law 24/2011 of 1 August on public sector contracts in the fields of defence and security, Article 7.1.b) provides that those contracts which are not applicable to the public sector are excluded from the scope of the Directive. to be governed by that law, it would be necessary to disclose information contrary to the essential interests of the security, or in accordance with Article 346 of the Treaty on the Functioning of the European Union, the interests of the Defense or National Security essential.

To these effects, the Law 24/2011 itself, in its additional provision ninth, establishes that the Government, will determine the industrial capacities and areas of knowledge that affect the essential interests of the defense and the national security.

The essential interests of national defense and security are emanating from the National Defense Directive and the directives and plans generated from it. As of the National Defense Directive, the Ministry of Defense has approved, in its field of action, the Defense Policy and Military Planning Directives.

This agreement sets out the principles and circumstances that need to be given to identify an industrial capacity or areas of knowledge affecting the essential interests of national defense and security and the aspects that may be protected from these.

National security, defense, and military capabilities

Security is an essential foundation for the development and progress of a free society. That is why the government's first obligation is to safeguard Spain's national security as a guarantee of the welfare of the citizens and the stability of the state itself.

In this line, the document "National Security Strategy 2013," defines National Security 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 citizens. principles and constitutional values, as well as to contribute together with our partners and allies to international security in the fulfillment of the commitments made. "

El Nacional] The document states that National Defense is a primary element of National Security and has the task of " dealing with armed conflicts that may occur as a result of both the defense of the exclusively national interests or values-in which it would intervene individually-as a defence of shared interests and values by virtue of our membership of international organisations such as the UN, NATO or the EU- which would be brought under its founding treaties together with other allies or partners. "

According to the above, and from a descriptive perspective, the concept of essential security interests is introduced as those whose protection is a priority for developing the strategic lines of action and meet the various objectives set out in the policy areas of the National Security Strategy.

In order to achieve these objectives, the National Defense must provide the " military capabilities that allow the fulfillment of the assigned missions and a credible level of deterrence. In any case, the National Defense will maintain the necessary capabilities to react and neutralize any risk or threat of military order. "

In order for these capabilities to be truly effective and deterrent, the principles of:

Operational advantage, which is the position of superiority over our potential enemies that must be sought and preserved in situations of confrontation and also in the protection of persons and facilities. This advantage is based on factors such as intelligence, training, or doctrine, but it is strongly linked to systems and technologies.

Freedom of action, which, in this context, is the power to decide the use of the Armed Forces and their capabilities, to act according to our own interests, without being subject to other states or entities, in the framework of the of the Spanish legal order and international law.

In short, it is a question of equipping itself with the military capabilities necessary to protect essential security interests, and in particular those that ensure the deterrence of non-shared threats.

The responsibility for determining the military capabilities of reference and the objectives of military capability to be achieved is from the Chief of the Defense Staff as a planning authority, which is responsible for planning military. In the present planning cycle priorities in this field are summarized in:

Command and control capacity and network work.

Ability to manage blanks or targeting.

Air defense, with the missile defense integrated in its structure. Mobility and superiority in coping.

Surveillance and Recognition (ISR).

Ability to act in cyberspace.

Strategic projection capability and joint logistics coordination.

Interoperability, both nationally and with partners and allies.

Reduce the need for energy consumption in operations.

Military capabilities are conceived as a set of factors (material, human, doctrinal, organizational, etc.) that, properly combined and harmonized, make it possible for the Armed Forces to meet the objectives associated with the missions assigned to them. Among these factors, the material in the form of equipment, systems and services is highlighted for the purposes of this agreement.

Principles that inspire the procurement of equipment, systems and services for the procurement of military capabilities

In Spain, the acquisition and maintenance of these equipment, systems and services is inspired by the weighted application of three basic principles that gives harmony to the interaction of the economic and financial elements, legal, Industrial, technological and national sovereignty, which compete in these processes.

Thus, the fundamental objective of the systems ' acquisitions is to provide the Armed Forces with the best available capacities in the market and which can be financially addressed (a finalist principle).

As a general rule, these acquisitions materialize in the European and global market through open and competitive processes, seeking the offer that best suits the needs of the Armed Forces and that results in most economically advantageous (principle of efficiency).

In exceptional cases, and only when it affects essential security interests, the general principle of open acquisitions will be modulated by the need to obtain, maintain or increase operational or freedom advantages. of action for our Armed Forces (principle of sovereignty in the acquisition).

Relationship between procurement of systems, equipment and services and essential security interests

The vast majority of the Ministry of Defense's acquisitions do not differ from the acquisitions made by other ministries, which seek to satisfy a public need by maximizing the usefulness of the investment through competition, free competition and transparency.

However, some of the defense acquisitions are essentially different from other civil sectors, as they relate to military capabilities that affect the protection of essential interests of the security.

In these exceptional cases, the measures, proportionate and appropriate, must be taken to obtain, maintain or increase certain operational or freedom of action advantages associated with our military capabilities. Armed forces that are necessary to protect the essential security interests affected.

The different procurement options of the systems on which these capabilities are based offer different levels of protection. Therefore, in each case, a weighting must be given between the degree of benefit or freedom to be attained and the limitations that may arise from the measures taken to protect them, in particular those related to their economic viability. and opportunity cost.

The technological and industrial base as a key resource for the provision of military capabilities

In order to achieve the objectives described, we need the support of a technological and industrial base capable of providing the equipment, systems and services that equip the Armed Forces with the necessary military capabilities, in particular those directly linked to the protection of the essential security interests.

The establishment of these military interests and capabilities results in the identification of a set of knowledge areas and strategic industrial capabilities by providing the equipment, systems and services they ensure. the operational advantage and freedom of action associated with their use.

The protection of these areas of knowledge and industrial capabilities at the national level should be a priority of the Defense Policy and, in areas where the appropriate technology is not available or in cases where the products offered by the domestic industry do not meet the necessary operational requirements, international collaboration will be used.

In its virtue, on the proposal of the Minister of Defense, the Council of Ministers, at its meeting of the day ......... of ...................... of ........, has adopted the following:

AGREEMENT

First.

In compliance with the provisions of the additional provision of Law 24/2011, public sector contracts in the fields of defense and security, are established as areas of knowledge that affect the essential security and defence interests-applicable to the land, naval, air and space sectors-which are listed below:

a) Command and control, communications, information (C4i).

b) Cyber-defense.

c) Surveillance, recognition, intelligence, and objective acquisition (ISTAR).

d) Traffic control and navigation aids.

e) Critical systems shipped on platforms.

f) Spatial, data processing and mission systems.

g) Simulation of weapons equipment and systems for advanced training.

h) Navigation systems, guided control and payment load on complex missiles and munitions.

i) Complex systems integrated by other advanced weapon systems whose integration requirements are linked to essential defense and security interests.

The Government may consider strategic an industrial capacity or area of knowledge that integrating any of the above can contribute to the operational advantage and freedom of action of the Armed Forces.

Second.

When necessary, and after examination of the specific circumstance, actions to protect the essential interests of national defense and security may be carried out in the following cases:

a) When the capacity that is needed relates to the security of the information and strategic communications of Spain.

b) When the operation of a Spanish capacity depends on access to intelligence or classified technologies.

c) When operational circumstances impose changes in a serving Spanish capacity that can only be answered with very high levels of availability and agility in the supply.

d) When to obtain an operational advantage of our Armed Forces depends on the assurance of one or more aspects of the operation of a capacity.

e) When the effectiveness of a military capability depends:

1. The ability to improve their efficiency through system integration and system understanding as a whole.

2. To ensure free operation and access to critical subsystems.

f) Those other than can be determined by the Government.

Third.

The essential aspects of a specific capacity or area of knowledge to be protected are:

(a) The essential skills and knowledge to design, develop, integrate, assess, support and maintain key systems and subsystems, together with testing, evaluation, and maintenance and modernization processes of the same.

b) The facilities and infrastructures that support the above.

c) Critical technologies for the design and development of capabilities described in the First section of this agreement.

d) Appropriate access to the use of technologies to enable Spain and its suppliers to maintain, modernize and operate key systems and subsystems.

e) Activities of research and technological development or innovation, of direct or indirect application to the areas of knowledge and strategic industrial capabilities of interest for defense and security.

Fourth.

The Government shall take all measures deemed necessary to protect products or services supplied by one or more contractors, when such products or services are essential to safeguard an operational response.

The Government shall take all necessary measures to ensure the supply of the products and services identified in the preceding paragraph, including the protection of the essential assets of the contractors.

Fifth.

The areas of knowledge and essential industrial capabilities contemplated in this agreement may be reviewed in each defense planning cycle to adapt to new needs.

The Secretary of State of Defense will propose to the Minister of Defense the necessary updates.

Sixth.

By the Minister of Defence, within the scope of his powers, the necessary measures for the implementation of this Agreement shall be adopted.