Resolution 420/38100/2015, Of 30 July, The General Technical Secretariat, Which Published The Agreement Of The Council Of Ministers Of May 29, 2015, By Which Determine Industrial Capabilities And Areas Of Expertise That Affect...

Original Language Title: Resolución 420/38100/2015, de 30 de julio, de la Secretaría General Técnica, por la que se publica el Acuerdo del Consejo de Ministros de 29 de mayo de 2015, por el que se determinan las capacidades industriales y áreas de conocimiento que afectan...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8843

The Council of Ministers, at its meeting of May 29, 2015, has adopted an agreement whereby it is by which to determine industrial capabilities and knowledge area affecting the essential interests of the defence and national security.

For general knowledge, this Secretariat General technical has determined have the publication in the «Bulletin official of the State» of the cited agreement, as annex to this resolution.

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

AGREEMENT OF THE COUNCIL OF MINISTERS BY WHICH IS DETERMINE THE CAPABILITIES INDUSTRIAL and AREAS OF KNOWLEDGE THAT AFFECT LOS INTERESTS ESSENTIAL OF LA DEFENSE and THE SECURITY NATIONAL Act 24/2011, on 1 August, contracts of the public sector in the fields of defence and security, in their article 7.1. b) establishes that they are excluded from the scope of application of the same , those contracts that of govern is by such law, would be necessary reveal information contrary to them interests essential of it security, or according to the article 346 of the treated of operation of the Union European, could result handicapped them interests essential of the defense or the security national.

For such purposes, the law 24/2011, in his ninth additional provision, establishes that Government, will determine industrial capabilities and knowledge areas affecting the essential interests of the defence and national security.

The essential interests of the defence and national security emanate from the directive and national defense policies and plans that are generated from the same. From the policy of national defense, the Ministry of defence has approved, in its scope, planning military and defense policy directives.

In the present agreement is exposed them principles and circumstances that is have that give to identify that a capacity industrial or areas of knowledge affects to them interests essential of the defense and security national and those aspects that is may protect of these.

National security, defense and military security capabilities is an essential foundation for the development and progress of a free society. Therefore the first duty of the Government is to safeguard the national security of Spain as a guarantee of the well-being of the citizens and the stability of the State itself.

In this line, the document «strategy of security national 2013», defines the security national 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 it security international in the compliance of them commitments assumed».

Document establishes that national defense is a key element of national security and its mission is "to face armed conflicts that may occur as a consequence of the defence of the interests or values exclusively national - that they would intervene on an individual basis - as the defense of interests and values shared by our membership of international organisations such as the UN NATO or the EU - in which is would intervene under its treaties constituting together with other allies or partners-.»

In accordance with it earlier, and from a perspective descriptive, is introduces the concept of interests essential of security as those whose protection is priority to develop them lines of action strategic and meet them different objectives established in them areas of action of the strategy of security national.

For the achievement of these objectives, the Defense National must provide is of them «capabilities military that allow the compliance of the missions assigned and a level of deterrence credible.» «In all case, the Defense national will keep them capabilities necessary to react and neutralize any risk or threat of order military».

So that these capabilities are really effective and dissuasive principals must attend from: operational advantage, which is the position of superiority over our potential enemies who must look and keep them in situations of conflict and also the protection of persons and facilities. This advantage is based on factors as it intelligence, training or doctrine, but is strongly linked to the systems and the technologies.

Freedom of action, which, in this context, is the faculty to decide the use of the armed forces and their capabilities, to act according to our own interests, without subjection to other States or entities, within the framework of the Spanish legal system and international law.

In final, is is of give is of them capabilities military necessary to protect them interests essential of safety and, in particular, of those that ensure the deterrence of them threats not shared.

The responsibility of determine the capabilities military of reference and them objectives of capacity military to reach is of the Chief of the State of greater of the defense as authority of planning that is, responsible of the planning military. In this cycle of planning priorities in this area are summarized in: command and control, and network capacity.

Ability to manage white or targeting.

Air Defense, anti-missile defense integrated into its structure. Mobility and superiority in the confrontation.

Surveillance and reconnaissance (ISR).

Capacity to act in cyberspace.

Strategic projection capability and the joint logistics coordination.

Interoperability, both at the national level and with partners and allies.

Reduce the need of consumption energy in operations.

Military capabilities are conceived as a set of factors (material, human, doctrinal, organizational, etc.) which, properly combined and harmonized, enable the armed forces to meet the objectives associated with missions that are assigned. These factors include, for the purposes of this agreement, the material in the form of equipment, systems and services.

Principles underlying the acquisition of equipment, systems and services to the obtaining of military capabilities in Spain, acquisition and maintenance of such equipment, systems and services is inspired by the weighted application of three basic principles which gives harmony to the interaction of the financial, legal, industrial, technological elements and national sovereignty, which concur in these processes.

Thus, the fundamental objective of the acquisitions of systems is to provide the armed forces of the best capabilities available on the market and which might be affordable financially (principle finalist).

As a general rule, such acquisitions are materialized in the European and global market through open and competitive, looking for the deal that best adapts to the needs of the armed forces and that is economically most advantageous (principle of efficiency).

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

Relationship between the procurement of systems, equipment and services and the essential interests of the vast majority of purchases of the Ministry of defence security do not differ from acquisitions that perform other ministries, seeking the satisfaction of a need for public to maximizing the utility of investment through the competition, the free competition and transparency.

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

In these cases exceptional, is must take them measures, proportionate and appropriate, for get, keep or increase certain advantages operational or of freedom of action associated to them capabilities military of our forces armed that are necessary for protect them interests essential of security specific affected.

The different options of acquisition of them systems in that will sustain these capabilities offer different levels of protection. By this, in each case, must perform is a weighting between the grade of advantage or freedom to reach and them limitations that could derive is of them measures taken to protect them, especially which have that see with their viability economic and cost of opportunity.

The technological and industrial base as a key resource for the provision of military capabilities to achieve described objectives supported by a technological and industrial base capable of providing the equipment, systems and services that give the armed forces the necessary military capabilities, in particular those directly linked to the protection of the essential interests of security is required.

He establishment of these interests and capabilities military gives as result the identification of a set of areas of knowledge and capabilities industrial strategic to the provide them equipment, systems and services that ensure the advantage operational and the freedom of action associated to its employment.


The protection of these areas of knowledge and industrial capabilities at the national level must be a priority of the defense policy and in the areas in which is not available in cases or suitable technology in products offered by the domestic industry do not satisfy the operational requirements, will make use of international collaboration.

In his virtue, to proposal of the Minister of Defense, the Council of Ministers, in their meeting of the day... of... of..., has adopted the following: AGREEMENT first.

In compliance with provisions in the ninth additional provision of law 24/2011, for contracts in the public sector in the fields of defence and security, established as areas of knowledge that affect essential interests applicable to the sectors of land, naval, air, and space - security and defence - that then relate (: a) command and control, communications, information (C4i).

(b) Cyber.

(c) surveillance, reconnaissance, intelligence and acquisition of objectives (ISTAR).

(d) AIDS to navigation and traffic control.

(e) systems critical embarked on platforms.

(f) systems space, of treatment of data and of mission.

(g) simulation of equipment and weapons for advanced training systems.

(h) systems for navigation, guidance control and payload in missiles and munitions complex.

(i) complex systems composed of other advanced weapons systems whose integration requirements are linked to essential defence and security interests.

The Government may consider strategic a capacity industrial or area of knowledge that integrating any of them earlier can contribute to the advantage operational and the freedom of action of them forces armed.

Second.

When necessary, and after consideration of the specific circumstances may perform actions for the protection of the essential interests of the defence and national security in the following cases: to) where capacity required relates to the security of information and strategic communications of Spain.

(b) when the operability of a Spanish capacity depend on access to information, intelligence or classified technologies.

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

(d) when to obtain an operational advantage of our armed forces depend on one or more aspects of the operation of a capacity assurance.

(e) when the effectiveness of a military capability depends on: 1. the possibility of improving their effectiveness through the integration of systems and understanding the system as a whole.

2. for ensuring the operation and access free to subsystems critical.

(f) those others which can be determined by the Government.

Third party.

(Them aspects essential of a capacity or area of knowledge specific that must protect is are: to) them skills and knowledge essential to design, develop, integrate, evaluate, support and maintain systems and subsystems key, along with the realization of tests, evaluation, and processes of maintenance and modernization of them themselves.

(b) facilities and infrastructure that give support to the above.

(c) the technologies critical to the design and development of the capabilities described in the paragraph first of this agreement.

(d) the access appropriate to the use of technologies that allow to Spain and its suppliers maintain, modernize and operate systems and subsystems key.

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

Room.

He Government will adopt few measures consider necessary to protect products or services provided by one or more contractors, when such products or services are essential to safeguard a response operational.

He Government will adopt few measures consider necessary to ensure the supply of them products and services certain in the paragraph earlier, included the protection of them active essential of them cited contractors.

Fifth.

Them areas of knowledge and them capabilities industrial essential referred to in this agreement may be revised in each cycle of planning of the defense to adapt them to the new needs.

The Secretary of State for defence shall propose to the Minister of Defense Updates considered necessary.

Sixth.

By the Minister of defence, in the field of its competences, shall be adopted the measures necessary for the implementation of this agreement.