Law 36/2010 of 22 October of the Fund for the Promotion of Development (FONPRODE) culminated in the reform of the Development Assistance Fund, providing the Spanish Cooperation with a powerful instrument for the promotion of development cooperation and Spanish activity in this field.

During the first few years of the FONPRODE life, its activity has been affected by various contingencies that made it difficult to manage and that have advised to review its operation and its normative framework.

This process has culminated in the amendment of Law 36/2010 of 22 October, made by the final provision of Law 8/2014 of 22 April, on the State of the State of the Risks of the The internationalisation of the Spanish economy, which strengthens its links, mainly in the definition of the financial operations carried out by the fund, the actors responsible for its management and the allocation of tasks in the way it is carried out. With this reform, the FONPRODE is given greater legal certainty by clearly and taxatively defining the types of financing operations and the requirements of each of them, which will result in the improvement of their operation and management. It is expected that in this process the future Directors Plans will set the reference thresholds-maximum and minimum-indicative for the repayable cooperation under the FONPRODE by contemplating the temporary period to which this document refers planning.

The new wording of Law 36/2010, of October 22, entails the need to draw up a new regulation for the FONPRODE that will develop and articulate what is foreseen by the legislator. In addition, based on the experience gained, this Regulation improves the system of management and coordination of the FONPRODE and incorporates recent developments in the field of reimbursable financial cooperation, updating the text to the The latest changes in regulations concerning the Spanish Agency for International Development Cooperation (AECID) and its statute. In this way, the status and responsibilities of the FONPRODE Office are updated, certain aspects related to the functioning of the Executive Committee of the FONPRODE and the coordination and enhanced cooperation between the institutions. related to operations.

Finally, the regulation integrates the provisions of the Responsible Financing Code drawn up under Article 11.2.a) of the previous FONPRODE Regulation, approved by Royal Decree 845/2011 of 17 June, and approved by the Executive Committee of the FONPRODE on 19 July 2011. This Code strengthens the programming and planning work of the FONPRODE, establishing an annual programming of eligible operations, and consolidates the obligations of monitoring, control and accountability of the activity of the FONPRODE in the face of civil society, the General Courts and the international arena.

The regulation that is approved by this royal decree consists of 23 articles structured in 5 chapters:

Chapter I. General provisions.

Chapter II. Financial actions under the FONPRODE.

Chapter III. Management bodies of the FONPRODE.

Chapter IV. Procedures for managing the operations of the FONPRODE.

Chapter V. Functions of the Cooperation, Communication and Advertising Council.

Chapter I includes the general provisions of the FONPRODE, the regulation, its scope and the principles of action that will guide the activity of the FONPRODE.

Chapter II completes the legal framework applicable to operations which may be financed from the FONPRODE as set out in Law 36/2010 of 22 October.

Chapter III defines the management bodies of the FONPRODE: the FONPRODE Office, the Executive Committee, and the Official Credit Institute. These management bodies will strengthen their technical and institutional capacities to enable them to carry out their work in the management of FONPRODE, taking advantage of all the potential that the instrument has for the objective of against poverty and the promotion of development. It also includes a forecast of the own resources of the General Administration of the State and the Spanish Development Financing Company (COFIDES) is given entry as a support entity.

Chapter IV regulates the procedure for the management of operations, from identification and assessment, through their formalization and monitoring. Collaboration and coordination with a wide network of experts and actors abroad is foreseen in this area.

Chapter V is dedicated to the role of the Development Cooperation Council with respect to the FONPRODE, as well as to the communication and publicity of the activity of the FONPRODE. This royal decree has been informed by the Development Cooperation Council. The legal basis for this royal decree is in the regulatory development ratings contained in Articles 2, 4, 8, 9 and the first and final fifth provision of Law 36/2010 of 22 October, which enables the Government to approve the regulatory development of the FONPRODE.

In its virtue, jointly proposed by the Minister of Foreign Affairs and Cooperation and the Minister of Economy and Competitiveness, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting of the day of July 3, 2015,

DISPONGO:

Single item. Approval of the Regulation of the Development Promotion Fund.

The Fund Regulation for the Promotion of Development is approved, the text of which is inserted below.

Additional disposition first. Modification of the Code of Financing Responsible for Spanish Cooperation.

Within six months of the entry into force of this royal decree, the FONPRODE Office shall submit to the Executive Committee of the FONPRODE for approval a proposal to amend the Code of Responsible Financing of Spanish Cooperation to adapt it to what is included in the regulation approved by this royal decree.

Additional provision second. Operational identification procedure for operations.

Within 12 months of the entry into force of this Royal Decree, the FONPRODE Office will establish an operational procedure for the identification of operations which will develop the concrete tasks to be carried out and the reports to be evacuated during the identification phase. This procedure will be presented to the Executive Committee for approval, identifying the units involved in the process. This procedure shall consider the participation of the support entity referred to in Article 4 of Law 36/2010 of 22 October, and of other units of the AECID, as well as of the bodies and institutions related to the procedure of authorization of operations.

Additional provision third. Initial plan of evaluations.

Within a period of not less than 12 months and not more than 24 months after the entry into force of this Regulation, the FONPRODE Office and the General Secretariat for International Development Cooperation shall define, jointly, the first biennial assessment plan under Article 21 of the regulation approved by this royal decree.

Additional provision fourth. No increase in public spending.

The application of this royal decree will not increase public expenditure or increase the net of staff costs.

Single repeal provision. Regulatory repeal.

Royal Decree 845/2011, dated 17 June, is hereby repealed and the Regulation of the Fund for the Promotion of Development is approved.

Final disposition first. Competence title.

Competition for the approval of this rule is based on Article 149.1.3. of the Constitution, for which the State is responsible for exclusive competence over "international relations".

Final disposition second. Powers of development.

The holder of the Ministry of Foreign Affairs and Cooperation and the holder of the Ministry of Economy and Competitiveness are empowered to dictate how many rules and regulations, and to ensure compliance with the necessary procedures. measures are necessary for the development and implementation of the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 3, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

THE FUND FOR DEVELOPMENT PROMOTION

CHAPTER I

General provisions

Article 1. Object.

The purpose of this Regulation is to complete and implement the legal framework set out in Law 36/2010 of 22 October of the Fund for the Promotion of Development (FONPRODE) to guide the related actions. with the same, as well as regulating the set of actions aimed at the development of the FONPRODE, as an instrument of development cooperation, with its aim being the eradication of poverty, the reduction of inequalities and social inequalities between people and communities, gender equality, the defence of human rights and promotion human and sustainable development in impoverished countries.

Article 2. Principles of action.

1. The FONPRODE will act in accordance with the principles of action provided for in Article 3 of Law 36/2010, of October 22, which in turn refers to Law 23/1998, of July 7, of International Cooperation for Development, to the Directors Plans of the Spanish Cooperation and other planning documents of the Spanish policy of international cooperation for development, which can be summarized in the following:

a) The recognition of the human being in its individual and collective dimension, as the protagonist and ultimate recipient of the development cooperation policy.

b) The defense and promotion of human rights and fundamental freedoms, peace, democracy and citizen participation in conditions of equality for women and men and, in general, non-discrimination sex, race, nationality, disability, culture or religion, and respect for diversity.

c) The need to promote a global, interdependent, participatory, sustainable and gender-equitable human development in all nations, seeking the application of the principle of co-responsibility among States, in order to ensure and enhance the effectiveness and coherence of development cooperation policies in order to eradicate poverty in the world.

promotion of sustainable and sustainable economic growth in countries accompanied by measures that promote an equitable redistribution of wealth to promote the improvement of living conditions and access to health, educational and cultural services, as well as the well-being of their populations.

e) Respect for the commitments made within the international bodies.

2. It will also have to comply with the principles and standards adopted by the Spanish Cooperation Responsible Financing Code, which establishes the general principles to be met by each operation, as well as the conventions and standards that they must necessarily be referred to in each of them.

3. In addition to the provisions of the previous paragraph, the management of the reimbursable operations financed by the FONPRODE shall be based on the use of a management methodology geared to development results.

4. From the set of financial operations under the FONPRODE set out in Article 2 of Law 36/2010 of 22 October, those non-reimbursable shall be directed primarily to countries in the category of Least Countries. Developed and Other Low Income Countries of the Development Assistance Committee (CAD) of the Organization for Economic Cooperation and Development (OECD).

5. The financing of operations under the FONPRODE will always be untied, and seek to maximize the impact on development.

CHAPTER II

Fundable actions from the FONPRODE

Article 3. Financial operations.

1. The operations referred to in Article 2 of Law 36/2010, of 22 October, which are listed below, may be financed from the FONPRODE, not linked to:

(a) Grants to States, regional or local public administrations and other public entities for projects, programmes, strategies and modalities of programmatic assistance.

b) Donations to multilateral non-financial development agencies, including programs and trust funds for development in such agencies.

(c) Donations for technical assistance, feasibility studies of projects and ex-ante evaluations and ex-post evaluations of projects or programmes, as well as the annual implementation of the Fund in terms of ensuring its financial sustainability, economic, social and environmental, valuing their contribution to the goals of development and promotion of human rights.

d) Donations to trust funds in international development finance institutions or grants to multi-donor funds managed or managed by international financial institutions.

e) Loans or credits and credit lines in concessional terms to states for financing development projects, provided they provide the corresponding sovereign guarantee.

Regional or local public authorities and other public entities may be beneficiaries of the operations referred to in this paragraph on an exceptional basis and provided that they have the non-objection of the Ministry responsible for the country's indebtedness.

(f) Temporary acquisitions of shares or direct holdings of capital or quasi-equity in collective investment institutions or other public law entities established in the country of destination of the financing.

g) Loans, credits or credit lines, to local financial institutions for the granting of micro-credit or other micro-financial services or for the granting of loans, loans, credit lines or other services Financial support for small and medium-sized enterprises or micro-financial institutions. Exceptionally, debt securities issued by specific purpose companies may also be acquired, where this is the granting of micro-credit, other micro-financial services or financial services supporting micro entities financial.

(h) temporary acquisitions of shares or direct or indirect equity or quasi-equity in private-law entities, whether private institutions for collective investment, private equity institutions or, where appropriate, specific purpose companies for investments in support of the economic fabric or support to micro, small and medium enterprises.

2. The funds referred to in the operations referred to in paragraph 1 (d) shall be given priority to countries in particular in need, such as the countries qualified as least developed by the United Nations System or countries in the post-conflict situation. In any case, the funds should be allocated to the countries and sectors defined as priorities by the Plan of Spanish Cooperation.

3. In addition to the restrictions mentioned in Article 2 of Law 36/2010 of 22 October, in the case of countries belonging to the Debt Relief Initiative for the Heavily Indebted Poor Countries of the International Monetary Fund (IMF) and the World Bank (WB), HIPC, may only be granted the loans, loans and credit lines referred to in paragraph 1 (e) to the States and the public sector of those countries which, at the time of the establishment of the risk analysis and impact on the sustainability of the debt referred to in Article 15 have exceeded the point of The conclusion of the HIPC Initiative and the latest analysis of the sustainability of the debt held by the IMF and the World Bank at that time indicate that their situation, regarding the possibility of the non-payment of their foreign debt, is not high or very high risk.

4. In the case of operations with regional or local public authorities and other public entities as referred to in paragraph 1 (e), they shall operate in one of the priority sectors of the areas referred to in the development of the beneficiary countries and ensure coordination of actions between the various administrative levels. Such operations shall have a detailed report of an independent expert with an analysis of the risk and impact on the sustainability of the debt in the receiving country and the relevant government or public entity, together with the financial conditions and the definition of appropriate guarantees. This report shall include a technical assessment containing a proposal to the Executive Committee of the FONPRODE on whether the credit risk concerned should be taken into account, taking into account the defined guarantees and the concentration of risks in the country or in the Fund's portfolio.

5. The operations referred to in paragraph 1 (f) may be authorised only if they are aligned with national development priorities or, where appropriate, regional priorities, provided that there is a formal request from the institution. or target entity.

6. The acquisition of debt securities referred to in paragraph 1 (g) may be authorised only where the report drawn up by an independent expert considers that the operation does not involve a supplanting of the private sector's role in the financing of the companies concerned. For the purposes of these operations, local financial institutions shall be defined as those legally domiciled in the beneficiary countries.

7. In relation to the operations referred to in paragraph 1 (h), it shall be understood that the private-law entities referred to in that Article are without limitation:

a) Private collective investment institutions,

b) Private risk capital entities,

c) Specific purpose societies,

(d) Institutions engaged in the granting of micro-credit or other micro-financial services, to the granting of loans, loans, credit lines or other financial services to small or medium-sized enterprises or to institutions microfinancials.

With regard to the choice of financial institutions and private law entities, it should be taken into account that they count, among the potential recipients of their investments, with projects or companies in countries or areas geographical priorities, as well as their framing in the strategic guidelines and lines of action set out in the relevant planning documents of the Spanish Cooperation. In such cases, the financial conditions shall be in accordance with Articles 14 and 15.

Article 4. Management Expenses.

1. Expenditure arising from the assistance referred to in Article 5 shall be considered as expenditure necessary for the management of the fund for the purposes of Article 2.4 of Law 36/2010 of 22 October 2010.

2. Also, in relation to Article 4 of Law 36/2010 of 22 October, the compensation to the Spanish Development Finance Company (hereinafter COFIDES) for the expenses incurred in the development and execution of the functions that This Regulation shall provide for the consideration of expenditure necessary for the management of the fund in accordance with Article 2.4 of Law 36/2010 of 22 October 2010.

3. For the purposes of COFIDES being able to carry out efficiently the functions laid down in Articles 5, 8 and the other legally provided for and in order to be compensated and paid economically for the activities associated with them functions, the holders of the Ministry of Foreign Affairs and Cooperation and the Ministry of Economy and Competitiveness shall establish the appropriate remuneration mechanisms linked to those activities.

4. The remuneration established shall cover, inter alia, the resources to be used for the development of these activities and criteria for efficiency in the development of these activities, in the light of the stages of development of the various operations bankable by the FONPRODE and its result.

CHAPTER III

FONPRODE Management Organs

Article 5. Management of the FONPRODE.

1. The management of the FONPRODE shall be carried out in accordance with Article 4 of Law 36/2010 of 22 October.

2. The highest body responsible for the management of the FONPRODE is the Ministry of Foreign Affairs and Cooperation, which exercises this responsibility through the Secretariat of State for International Cooperation and for Latin America (hereinafter, SECIPI), and the AECID, an organ to which the FONPRODE Office and the Executive Committee of the FONPRODE are attached.

3. In addition to the above bodies, the fund management will be supported by the Instituto de Crédito Oficial (hereinafter, ICO), as the financial agent of the FONPRODE, and COFIDES in the terms set out in Articles 4 and 5 of Law 36/2010, of 22 October, and this Regulation.

4. As provided for in Article 2 of Law 36/2010 of 22 October, for coordination with the Ministry of Economy and Competitiveness and other ministerial departments with competences related to the activity of the FONPRODE within the The General Administration of the State shall be used by the Inter-Ministerial Committee for International Cooperation.

5. The bodies responsible for the management of FONPRODE will be able to obtain technical assistance for the management of the FONPRODE of support entities and independent external experts in the event that COFIDES expresses its impossibility to develop the tasks that are requested. The consideration of an independent expert shall be for the purposes of Article 2 of Law 36/2010 of 22 October 2010

Article 6. The FONPRODE Office.

1. The FONPRODE Office falls within the structure of the AECID as set out in Article 17.5 of its Statute, approved by Royal Decree 1403/2007 of 26 October 2007.

2. They correspond to the FONPRODE Office of the following functions:

(a) Plan, identify and negotiate the operations eligible for funding from the FONPRODE in accordance with the criteria set out in Law 36/2010 of 22 October. When the identification involves International Financial Institutions, it will be carried out jointly with the Directorate General of Macroeconomic Analysis and International Economics of the Ministry of Economy and Competitiveness. In order to maximise the impact on development, the negotiation of these operations will be carried out taking into account the coherence with the strategy of Spain in the institution concerned.

b) Propose to the Executive Committee of the FONPRODE for approval the modifications or updates of the Responsible Financing Code and the management methodology for the results of the development of the financial cooperation repayable.

c) Coordinate and prepare the annual operational programming and the catalogue referred to in Article 6 of Law 36/2010, of 22 October, in coherence with the planning documents of the Spanish Cooperation.

(d) Carry out and, where appropriate, collect the analyses, studies and assessments referred to in Articles 12 (ex-development impact assessment) and 14 (financial conditions).

e) Request the mandatory reports listed in Articles 13 and 15.

(f) Collect the valuations referred to in Article 15.2.

g) Submit the funding proposals under the FONPRODE for study by the Executive Committee of the FONPRODE. The proposals relating to the operations referred to in Article 3.1 (d) shall be jointly raised by the Ministry of Foreign Affairs and Cooperation and the Ministry of Economy and Competitiveness. The Committee would also ask the Committee to express its interest in future proposals in order to promote its definition and, in particular, when its objective is to participate in co-financing with another entity.

(h) Provide the ICO with the precise instructions for drawing up and formalising the conventions and other legal documents to be signed with the beneficiaries referred to in Article 17.

i) Prepare agreements to subscribe with international entities referred to in Articles 3.1.b), in coordination with the Permanent Representations or Embassies of Spain to the various institutions; and 3.1.d), through the Governor or Governor of Spain to the international financial institutions.

(j) Develop, in coordination with the ICO, any non-financial agreement other than those provided for in paragraphs (h) and (i) of this paragraph, in which the funding destination of the FONPRODE is regulated.

k) Carry out the follow-up of the FONPRODE as set out in Article 20.

(l) To provide the Secretariat-General for International Cooperation for Development of the Ministry of Foreign Affairs and Cooperation with the information necessary to carry out the assessment in accordance with the terms laid down in the Article 21.

m) To provide the Secretariat-General for International Cooperation for Development of the Ministry of Foreign Affairs and Cooperation with the information necessary to meet the needs of quantitative or qualitative information, arising from national or international requirements, such as the report to the CAD or other commitments made to improve transparency such as the report to the International Initiative for the Transparency of Aid (IATI). ).

n) Develop, in conjunction with the General Secretariat for International Development Cooperation, the annual report that the Government will report to the Congress and the Senate, as referred to in Article 12 of Law 36/2010, of 22 October.

or) Any other function related to the FONPRODE, without prejudice to the powers that may be of the responsibility of other ministerial bodies or departments.

Article 7. The Executive Committee of the FONPRODE.

1. The Executive Committee of the Development Promotion Fund (hereinafter the Executive Committee) is an organ attached to the Ministry of Foreign Affairs and Cooperation through the Secretariat of State for International Cooperation and for Latin America.

2. The Executive Committee functions as follows:

a) Approve the management methodology for development results, the Responsible Financing Code, as well as their future modifications.

b) Study and assess the funding proposals under the FONPRODE that are presented to you by the FONPRODE Office as well as its subsequent modification or cancellation. Also, to express interest in future proposals at the request of the FONPRODE Office, in order to promote its definition and, in particular, when its objective is to participate in co-financing with another entity.

c) Deciding the elevation of financing proposals for operations, in accordance with the Fund's current regulations.

d) To study and assess the operational programming of the FONPRODE referred to in Article 8.3 of Law 36/2010 of 22 October.

e) Analyse the various evaluations and opinions on the performance of the FONPRODE which will be issued by the corresponding consultative and control bodies of the Spanish Cooperation, as well as the results of the evaluations carried out in the provisions of Article 21.

f) Analyze the renegotiation and remission of the assets of the FONPRODE for eventual approval by the Council of Ministers, at the proposal of the Ministry responsible for external debt, according to Law 38/2006, of 7 December, regulating the management of foreign debt.

g) Review the FONPRODE portfolio annually.

h) Examine, and if necessary approve, the annual accounts of the FONPRODE, prepared by the ICO and audited by the General Intervention of the State Administration.

3. The Executive Committee of the FONPRODE shall have the following composition:

(a) Presidency: The Secretary of State for International Cooperation and for Latin America, which may be replaced by the First Vice President in cases of vacancy, absence, illness or other legal cause, or by the Vice-President second in case of unavailability of the previous one.

b) First Vice Presidency: The Secretary-General for International Development Cooperation.

c) Second Vice-Presidency: The Director of the Spanish Agency for International Development Cooperation.

d) Vocals, all of them with voice and vote:

1. The titular person of the Directorate-General for Foreign Affairs and Security of the Ministry of Foreign Affairs and Cooperation.

2. The titular person of the Directorate-General of the United Nations and Human Rights of the Ministry of Foreign Affairs and Cooperation.

3. The head of the Multilateral, Horizontal and Financial Cooperation Directorate of the Spanish Agency for International Development Cooperation.

4. No Two Directorates of the Spanish Agency for International Cooperation for Development, appointed by the Presidency of the Agency.

5. The titular person of the Directorate-General for International Economic Relations of the Ministry of Foreign Affairs and Cooperation.

6. The head of the Cabinet Office of the General Secretariat for International Cooperation for Development of the Ministry of Foreign Affairs and Cooperation.

7. A representative, with a minimum rank of Director General, of the Cabinet of the Presidency of the Government appointed by its holder.

8. º A representative, with a minimum rank of Director General, of the Ministry of Finance and Public Administrations designated by its holder.

9. A representative, with a minimum rank of Director General, of the Ministry of Education, Culture and Sport, designated by its holder.

10. º A representative, with a minimum rank of Director General, of the Ministry of Economy and Competitiveness Secretary of State of Commerce, designated by its holder.

11. A representative, with a minimum rank of Director General, of the Secretariat of State of Economy and Support to the Company of the Ministry of Economy and Competitiveness, designated by its holder.

12. A representative, with a minimum rank of Director General, of the Secretariat of State for Research, Development and Innovation, of the Ministry of Economy and Competitiveness, appointed by its holder.

13. The head of the General Directorate of Macroeconomic Analysis and International Economics of the Ministry of Economy and Competitiveness.

14. ° A representative, with a minimum rank of Director General, of the Ministry of Agriculture, Food and Environment, designated by its holder.

15. ° A representative, with a minimum rank of Director General, of the Ministry of Health, Social Services and Equality, designated by its holder.

16. º A representative, with a minimum rank of Deputy Director General, of the Official Credit Institute, designated by the said Institute in accordance with its internal procedures.

17. The titular person of the FONPRODE Office, who will act as Secretary.

e) A representative of the Spanish Development Finance Company (COFIDES), with a voice but no vote.

4. Except in the case of the Secretary, the members of the Executive Board may be supplied by a Deputy Director General or assimilated to attend each session of the Committee. In the case of a vacancy, absence or illness of the Secretary, an alternate shall be appointed by the Chairman of the Executive Committee on a proposal from the address of the FONPRODE Office.

5. The holder of the Presidency may invite representatives of other ministerial departments and public sector entities, as well as expert persons, to the meetings with a voice but without a vote, if he considers it appropriate, on the basis of issues on the agenda.

6. The Executive Board shall meet in ordinary session at least once a quarter and in extraordinary session as often as it deems necessary on a proposal from the Executive Committee Presidency.

7. The Executive Board may hold non-face-to-face meetings by electronic means. In meetings of a non-face-to-face nature, the Executive Committee may submit to debate questions and propose the elevation of operations through the person holding the Ministry of Foreign Affairs and Cooperation for authorization by the Executive Committee. Council of Ministers or, in the cases envisaged, for analysis by the Government's Delegation for Economic Affairs. In this case of non-face-to-face meetings, the amount proposed to be financed by the fund in each of the operations submitted for the first time to the Committee shall not exceed EUR 5 million.

In order for the Executive Committee to be validly constituted in a non-face-to-face manner, it will be necessary for the members of the Committee to express, in an express manner, their participation in such a meeting.

When the Executive Committee meets in a non-face-to-face manner by electronic means, the provision of the additional provision of Law 11/2007, of June 22, of electronic access of citizens to the Services will be observed. Public.

8. The Executive Board may set up the working groups it deems appropriate for the good development of its activities.

9. In all the provisions of this Regulation, the Executive Board shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative Board, and in particular Articles 26 and 27.1 thereof.

Article 8. The Spanish Development Finance Company (COFIDES).

1. In accordance with Article 4 of Law 36/2010 of 22 October, the Ministry of Foreign Affairs and Cooperation will have the support of COFIDES, which will also have the consideration of independent experts for the purposes of the provided for in Article 2 of that law.

2. The support that COFIDES will provide to the management bodies of the FONPRODE is related to the reimbursable cooperation operations, as set out in Article 3. (e), (f), (g) and (h).

3. The support functions to be provided by COFIDES to the FONPRODE Office shall be:

(a) To support the FONPRODE Office in the identification of financial operations.

b) Develop the required analysis of due diligence in the financial, legal and development domains that value the funded intermediary entity has the required experience, meets social requirements, and (a) the environment described in the Responsible Financing Code and clearly defined in the strategy for the exit of its investments, in the case of transactions involving the acquisition of capital shares.

(c) Support in the preparation of the documents corresponding to the proposal for operations to the Executive Committee of the FONPRODE, including the report of the previous assessment of the impact on development and the impact report on public deficit, referred to in Articles 12 and 13.

d) In its role as an independent expert, at the request of the FONPRODE Office, draw up the risk analysis, exit strategy and debt sustainability, referred to in Article 15.

e) Support in the formulation of contracts, agreements and agreements that formalize the operations approved by the Executive Committee.

(f) Participate in the governing bodies of the participating entities from the Fund without a representative character.

g) Participate in meetings of group of creditors, without representative status, following the instructions of the Ministry of Economy and Competitiveness.

h) Check that the conditions for authorizing payments are given in accordance with the terms of the credit agreement.

i) Track the outputs and resources of the Fund, in order to ensure that they conform to the concepts for which they are produced, and are covered by the legal documentation of each operation, as well as periodically disposing of the outstanding amounts of the various portfolios that make up the FONPRODE.

j) Analyze the corresponding follow-up reports produced by the entities associated with the operations.

k) To carry out the six-monthly reports on the follow-up of the FONPRODE and its operations, using the Management Methodology for Results for the Development of Spanish Cooperation, and including the analysis of the performance of the institutions and entities on the basis of established agreements and conventions.

l) Support in the preparation of the annual operational programming of the FONPRODE.

m) To support the development of the FONPRODE evaluation plan and its annual reports.

n) To support the preparation of the annual report referred to in Article 12 of Law 36/2010 of 22 October.

or) to provide the FONPRODE Office and the General Secretariat of International Cooperation for Development with the information necessary to meet the needs of quantitative or qualitative information arising from the international requirements, such as the report to the CAD or other commitments to improve transparency such as the report to the International Initiative for Aid Transparency (IATI).

p) Support in methodological aspects, preparation of reports, notes, studies and other issues of interest of the FONPRODE that are directly related to the tasks assigned to COFIDES support in the identification, formalisation and monitoring of the repayable financial cooperation operations of the FONPRODE as well as the legacy operations of previous repayable funds.

4. The financing of the actions referred to in this article will be carried out by the FONPRODE, in accordance with the provisions of article 2.4 of Law 36/2010, of 22 October, and 5 of this regulation. The consideration of the work carried out by the support entities of the FONPRODE shall be proportionate to the cost of the work carried out and its market assessment or the fees approved where appropriate.

Article 9. Financial Agent of the FONPRODE.

1. In accordance with the provisions of Article 14 of Law 36/2010, 22 October, the ICO shall in general provide all services of a financial nature relating to the operations authorised under the FONPRODE, including the technical instrumentation, accounting, box, paying agent, control, collection, without prejudice to the powers of control as laid down by Law 47/2003 of 26 November, General Budget, and other legal provisions in effect.

2. In accordance with the provisions of Article 14 of Law 36/2010 of 22 October, the ICO will formalize, in the name and representation of the Spanish Government and on behalf of the State, the corresponding legal documentation to subscribe to the beneficiaries, derogation from agreements with multilateral organizations, and shall carry out the tasks of formalisation and, where appropriate, cancellation, after approval by the Executive Committee of the FONPRODE, of the relevant financing agreements.

3. The ICO will carry out the financial monitoring and control of the charges and the possible incidents in them, as well as the claim of the unpaid amounts. It may also participate in groups of creditors as an independent expert for the purposes of Article 2 of Law 36/2010 of 22 October, advising representatives of the Office of FONPRODE.

4. The ICO may sign bilateral agreements for the renegotiation and remission of the assets of the FONPRODE, following the instructions of the Ministry responsible for external debt according to Law 38/2006 of 7 December, regulating the management of the external debt, in application of the agreements of the Council of Ministers in this respect.

5. The bodies responsible for the management of the FONPRODE may propose to the ICO or CESCE reports on the insurance, risk cover and guarantees of operations, as well as other support activities in connection with the operations of the FUND. (a) the conditions laid down in Articles 3 (1) (e), (f), (g) and (h) only in cases where COFIDES expresses its inability to develop the order in question in itself. In order to carry out such activities in the case referred to above, the ICO shall be considered as an independent expert for the purposes of Article 2 of Law 36/2010 of 22 October 2010.

6. The ICO shall be compensated annually for the costs incurred in the development and execution of its functions in relation to the FONPRODE as set out in Article 14 of Law 36/2010 of 22 October.

Article 10. Other actors and coordination of activities.

1. In order to facilitate the coherence of the activities related to the substance of the various agents of cooperation, these will be coordinated with the other actors of the Spanish Cooperation through the reinforced use of the mechanisms and organs. provided for this purpose by Law 23/1998 of 7 July, as well as through the Executive Committee of the FONPRODE.

2. In accordance with Article 2.6 of Law 36/2010 of 22 October, the Inter-Ministerial Commission for International Cooperation will coordinate with the Ministry of Economy and Competitiveness and other ministerial departments. with competence in the field within the General Administration of the State.

3. The report set out in Article 12 of Law 36/2010, of 22 October, will be forwarded to the Inter-Ministerial Commission for International Cooperation for their knowledge.

CHAPTER IV

FONPRODE operations management procedures

Article 11. Identification of operations.

1. Eligible operations shall be those which comply with the requirements set out in Articles 2 and 3, as well as those laid down in Articles 2, 3 and 5.1 of Law 36/2010 of 22 October.

2. Prior to the identification of an action, the FONPRODE Office will carry out a selection of possible operations to identify, both geographically and sectorial. In order to carry out this process, the FONPRODE Office will consult the units of the AECID concerned and the SECIPI. In this process, the competent unit on foreign debt will be consulted, according to Law 38/2006 of 7 December, regulating the management of foreign debt. As a result of this process, the Office will develop a list of operations to be identified, including a forecast of identification missions to be carried out during the following year.

3. The process of identifying an action shall be initiated at the request of the FONPRODE Office, on the basis of the forecasts made. Likewise, pursuant to Articles 2.3.c) and 4 of Law 36/2010, of 22 October, the SECIPI may order the FONTAINE, on its own initiative or on a proposal from other bodies and units, to carry out technical assistance and studies feasibility for the purpose of identifying operations which may be financed from the FONPRODE, which shall be authorised by the Executive Board.

4. The identification of the operations shall be carried out by the Ministry of Foreign Affairs and Cooperation, through the SECIPI and the AECID, as well as by COFIDES. For the identification of operations, they will have the support of the Technical Cooperation Offices and, if deemed necessary, also with the multilateral organizations that operate in the sectors or countries identified as priorities in the Plan. Director of Spanish Cooperation. COFIDES may require the support of the Economic and Commercial Offices abroad in accordance with the procedure agreed upon by the AECID and the Directorate General for Trade and Investments of the Ministry of Economy and Competitiveness. When the identification involves International Financial Institutions, the identification will be carried out jointly with the Directorate General of Macroeconomic Analysis and International Economics of the Ministry of Economy and Competitiveness.

5. During the last quarter of each year, the FONPRODE Office shall draw up the catalogue referred to in Article 6 of Law 36/2010 of 22 October. This catalogue will cover the operations planned to be increased to the Executive Committee, and subsequently to the Council of Ministers, during the following year. In particular, the catalogue will consist of the following documents:

a) The list of operations to be identified referred to in paragraph 2.

b) A classification of the operations, including those already identified, to be financed by the FONPRODE, whose elevation to the Executive Committee of the FONPRODE is expected to be carried out during the following year, classified by type of operation and geographical area.

c) A prioritization of the operations contemplated in the catalog established by the SECIPI.

Article 12. Prior assessment of the impact on development.

1. The operations referred to in Article 3.1 (e), (f), (g) and (h) shall be subject to an ex-ante analysis of the impact on development, drawn up by the FONPRODE Office, prior to its referral to the Executive Committee. For the other operations referred to in Article 3.1, such analysis shall be carried out by the unit of the relevant AECID according to its powers.

2. The ex-ante analysis of the impact on development will be carried out based on four elements: social, gender and environmental performance; the contribution of the operation to the fulfilment of the objectives of the Spanish Cooperation; its viability financial; and the additional development impact of the participation of the Spanish Cooperation in the operation:

(a) To analyze the additional development impact of the Spanish Cooperation on the operation, it will be assessed whether the impact on development of the operation would be similar in the event that the Spanish Cooperation did not participate in same.

b) For the analysis of social, gender and environmental performance, business practices will be valued and the operation will be classified according to the internationally adopted standards for risk categorization. social and environmental. Where it is estimated that operations may entail negative social, gender or environmental externalities, mitigation measures shall be included to address them, taking into account the risk analysis defined in the Article 15.

c) To assess the contribution of the operation to the achievement of the strategic objectives of the Spanish Cooperation, the coherence with the objectives set by the Director Plan and other planning documents will be analyzed of the Spanish Cooperation, including the international agreements on the effectiveness of the aid in force at each moment, as well as with the technical and programming documents approved by the AECID that are applicable.

d) The financial viability of the operation will require the identification and appropriate treatment of the various risks. Taking into account the country of destination and the type of operation, it will be analysed if the proposal meets the criteria of:

1. "Diversification of risks", both from the project's point of view or projects to be financed as well as their contribution to the degree of diversification of the repayable portfolio of the FONPRODE.

2. º Risk Delivery, through the participation of other fund providers.

3. º Risk mitigation, through guarantees, exit strategies, or other mechanisms that limit the risk that the FONPRODE incurs.

3. The management bodies of the FONPRODE may commission actions relating to this work to independent experts other than COFIDES, only where a second independent opinion is necessary for which COFIDES has issued for a case In the case of the case where COFIDES expressly states its impossibility to carry out the task in question, it shall express its impossibility.

Article 13. Reporting on deficit impact of operations.

All operations to be financed by the FONPRODE should be accompanied by a report on the impact on the Spanish public deficit of the operations to be analyzed by the Executive Committee. These reports shall be drawn up by the General Intervention of the State Administration within 15 working days of receipt of the said request and may include an assessment of the overall profitability of the FONPRODE. In the event that the General Intervention of the State Administration requires additional information for the preparation of its report, it shall be required within seven working days of receipt of the said request, the period of 15 working days referred to above until the receipt of the requested information.

Article 14. Financial conditions.

The conditions of the reimbursable financing will be proposed, on a case by case basis, by the Office of the FONPRODE to the Executive Committee, ensuring compliance with the criteria to be computed as Official Development Assistance and In any event, the following criteria should be met in order to avoid overindebtedness of beneficiaries and to boost the debtor's liability:

(a) In the case of financing to States or public sector, the conditions of the repayable financing must be defined in such a way as to conform to the minimum concessionality element recommended by the Financial Institutions. International and the OECD's CAD.

(b) The amount of the credit shall not amount to 100% of the financing of a project.

(c) The financing shall be denominated in euro or in any other currency admitted to trading by the European Central Bank.

(d) The repayment period and the periods of absence that are proposed should be established in such a way as to boost the debtor's liability.

e) Reimbursable financing must provide sufficient guarantees. In the case of lines of credit or loans, where the beneficiary is a State, it shall provide the sovereign guarantee to the financing and in the case of regional or local public administration or public sector entities, the guarantees provided They must have the non-objection on the part of the Ministry responsible for the indebtedness in the country. For the purposes of Article 3 (1) (f) and (h), institutions for collective investment or other public entities, private institutions for collective investment, private equity institutions or, where appropriate, companies of purpose It shall have sufficient capacity to assess and manage the risks assumed, as well as to provide regular information on the situation of the investments of the FONPRODE.

Article 15. Risk analysis, exit strategies and impact on debt sustainability.

1. Prior to the study by the Executive Committee of the FONPRODE of the proposed operations referred to in Article 3.1.e), (f), (g) and (h), a risk analysis shall be carried out by COFIDES, in its role as an independent expert. The management bodies of the FONPRODE may commission actions relating to this work to independent experts other than COFIDES, only where a second independent opinion is necessary for which COFIDES has issued for a case In the case of the Commission, the Commission has decided to take the necessary steps to ensure that the Commission does not fulfil its duties. Such analysis shall in any event include the financial risks of the transaction, as well as other risks depending on the type of operation. It should also contain the guarantees and other possible risk mitigation mechanisms. In the case of investment operations, it shall define an exit strategy. In those operations in which a sovereign guarantee or public sector debt is required, this analysis will also provide for the impact on the sustainability of the debt in the recipient country, the alignment with the strategies of development and debt policies designed by the country and recommendations for the prevention of over-indebtedness issued by the International Financial Institutions.

2. The analysis relating to the operations referred to in Article 3.1 (e) and (g) shall be forwarded to the Treasury Directorate-General of the Ministry of Economy and Competitiveness for assessment. The analysis relating to the operations referred to in Article 3.1 (e), (f), (g) and (h) shall be forwarded to the Ministry of Finance and Public Administration for assessment. In both cases, they shall have a period of ten working days from their receipt to make an assessment of them. Where such bodies require further information in order to be able to make their assessment, they shall request the FONPRODE Office within five working days of receipt of the report, with a delay of 10 days before the date of receipt of the report. mentioned until the requested information is transferred to the competent body for the assessment.

Article 16. Handling of funding proposals.

1. Proposals for the financing of Articles 3.1 and 4 to be assessed by the Executive Board shall be forwarded to the Committee by the Office of the FONPRODE. In the case of the operations referred to in Article 3.1 (d), the proposals shall be raised to the Secretariat of the Committee jointly by the Ministry of Foreign Affairs and Cooperation and the Ministry of Economy and Competitiveness.

2. The Secretary of the Executive Committee of the FONPRODE shall circulate to the members of the Executive Board all information relating to the proposed operations, in accordance with the above paragraph, at least seven working days in advance the holding of the meeting. These proposals shall be integrated, in the case of operations referred to in Article 3.1 (e), (f), (g) and (h), by the following documentation:

a) The proposed operation document.

b) Report on the ex-ante assessment of the impact on development, as referred to in Article 12;

c) Report on public deficit impact of operations, as referred to in Article 13;

d) Risk analysis report, exit strategies and impact on debt sustainability, together with the corresponding valuations, as referred to in Article 15,

3. The Committee may propose the lifting of the funding proposals, in accordance with the existing rules of the Fund, or return a proposal received, if more information is required. In the latter case, the proposal may be submitted to the Committee again, with the new information and arguments in response to the Committee's proposal, but it will not be necessary to submit again the reports to which the previously distributed.

4. The Committee's rejection of a proposal does not prevent such a proposal from being put forward later if the circumstances that underpinned its rejection would have changed.

5. The operations which fall within the rates referred to in Article 3 (1) (f), (g) and (h) shall be raised jointly by the Ministry of Foreign Affairs and the Ministry of Economic Affairs and Competitiveness in order to be assessed. on the part of the Government Delegation for Economic Affairs in the terms set out in Article 2 of Law 36/2010, of 22 October, before being raised for approval to the Council of Ministers. The operations referred to in Article 3.1.e) shall also be subject to this procedure for HIPC countries which have reached the point of completion of that initiative, in the terms described in Article 2 of Law 36/2010, 22 of October.

6. The elevation to the Council of Ministers of the application for authorization for operations financed by the FONPRODE corresponds to the Minister of Foreign Affairs and Cooperation, in the terms set out in Law 36/2010, of October 22. It shall be taken into account that in the case of operations under Article 3.1. (e), (f), (g) and (h) may only be raised for approval by the Council of Ministers, after analysis by the Government's Delegation for Economic Affairs. The AECID, with the support of the FONPRODE Office, will send to the SECIPI the files corresponding to each of the operations to be raised to the Council of Ministers. These files shall include all the documentation provided to the Executive Committee of the FONPRODE, as well as the certificate issued by the secretary of the FONPRODE Committee, stating the decision taken by this body.

Article 17. Subscription of the agreements, financing agreements and other legal documentation with the beneficiaries.

1. The subscription of the agreements, financing agreements and other legal documentation with the beneficiaries shall be made in accordance with Articles 10, 11 and 14 of Law 36/2010 of 22 October. Based on this, the competent bodies for such subscription are:

(a) The Institute of Official Credit, in the name and representation of the Spanish Government and on behalf of the State, in all cases except in the two following cases b and c.

(b) The Ministry of Foreign Affairs and Cooperation, through the Secretariat of State for International Cooperation, in the case of an operation referred to in Article 3.1.b).

(c) The Governor or Governor of Spain in the relevant international financial institution, in conjunction with the SECIPI, in the case of an operation referred to in Article 3.1.d.

2. In the financing agreements in which aid is formalised under the FONPRODE, the obligation shall be laid down for the procedures for the award of the operations referred to in Article 3.1.a) and, where applicable, 3.1.e), (f), (g) and (h), ensure compliance with the international conventions signed by Spain and the following conditions to be specified in the award of the projects financed:

a) Respect for the executing entity of the norms and guidelines in the field of human rights, corporate social responsibility and international norms of the International Labour Organization ratified by Spain.

b) Respect to the OECD's anti-corruption catalogue.

c) Ensuring the principles of transparency, competition and advertising by means of public tender.

3. In the event of non-compliance with the conditions laid down in the financing agreement, the Ministry of Foreign Affairs and Cooperation may cancel or revoke and leave the financing operations without effect. The financing agreements shall set out the consequences arising from the non-compliance of natural or legal persons who are beneficiaries of these instruments for the financing of Spanish cooperation.

4. The financial terms of the concessional loans and loans in Article 3.1.e) shall be in accordance with the international regulatory framework.

5. Where the impact assessment for the operations referred to in Article 3 (1) (a), (e) and (g) is appropriate, the agreement or agreement establishing the operation may lay down obligations for one or both of the parties, with the object of to ensure a positive social, gender or environmental impact and mitigate the risk of negative impact.

6. In all conventions, the obligation for the implementing entity to respect the rules and guidelines on human rights, gender equality, corporate social responsibility, international standards of the Organization shall also be established. International Labor ratified by Spain, as well as the Convention to Combat the Corruption of Foreign Public Agents in International Economic Transactions. The financing agreements referred to above shall provide for the possibility for the Ministry of Foreign Affairs and Cooperation to annul or revoke and to cease operations for the granting of financing under the FONPRODE in which a failure to comply with the conditions laid down therein. The obligation for the implementing entity to respect the standards set out in the Code of Responsible Financing for Spanish Cooperation shall also be established.

Article 18. Obligations relating to the temporary acquisitions of shares or direct holdings of capital or quasi-equity in collective investment institutions or other public or private law entities.

1. The FONPRODE Office shall ensure that the beneficiary of the operations referred to in Article 3.1.f) and h) complies with the measures and criteria set out in the Code of Financing Responsible for Spanish Cooperation, as established by the Article 2.2.

2. The management bodies of the FONPRODE referred to in Chapter III of this Regulation shall manage the operations referred to in paragraph 1 above, in accordance with the management methodology for specific development results in financial cooperation subject to repayable financial cooperation.

3. The Responsible Financing Code together with the management methodology for development results referred to in the preceding paragraphs shall serve to carry out the prior assessment of the impact on development as set out in Article 12 of the This Regulation.

4. The FONPRODE Office shall verify that the financial intermediary has the required experience and complies with the social and environmental requirements described in the Responsible Financing Code while respecting the responsibility delegated, characteristic of this type of investment.

5. In the operations referred to in Article 3.1.f) and (h), the agreements or arrangements for formalisation of the transaction shall require the financial intermediary:

a) A social, gender and environmental risk management system, if any,

b) The subscription of the International Finance Corporation (IFC) list of exclusions and internationally accepted social, gender and environmental performance standards, and

c) The application of internationally recognised and accepted social and environmental standards, while in force, in respect of the effect of operations in the following four areas: environment (principles of environmental protection, environmental impact assessment and environmental management system, human and labour rights (safety and hygiene at work, decent pay, equal opportunities and non-discrimination), relations with the environment, community and development (community impact assessment and management, payment of tax, tax havens, job creation, local recruitment, proportion of local managers, social action, wealth and income generation, purchases from local suppliers) and anti-corruption and bribery measures (against the corruption and transparency). These standards include, but are not limited to:

1. The World Bank's safeguard policies and the revised CFI policy and performance standards. These rules include cross-cutting issues relating to climate change, biodiversity conservation and natural resources, community involvement, human rights protection and gender equity.

2. The International Labour Organization (ILO) core labour standards.

3. The OECD Guidelines for Multinational Corporations, as a fundamental standard for the prevention of corruption and money laundering.

4. The United Nations Principles of Responsible Investment (PRI) and the work of the Special Representative of the Secretary-General of the United Nations on the issue of human rights and transnational corporations and other companies commercial.

d) an exit strategy in which the disinvestment process is collected.

Article 19. Project execution by an entity other than the beneficiary.

When operations financed from the FONPRODE referred to in Article 5 of Law 36/2010 of 22 October, and, where appropriate, Article 3.1.a), (e), (f), (g) and (h) of this Regulation, entail the need for to implement a particular project or programme through an entity other than the beneficiary, the award shall be carried out by the institution receiving the funds in accordance with the rules applicable to it, whereas in any event the local regulations and giving the Executive Committee an account.

In such cases, in the conventions and other legal documentation formalizing the operations with the recipient, the obligation to ensure that in the award procedures referred to in the previous paragraph is ensured by the compliance with the international conventions signed by Spain, as well as the guarantee of the principles of transparency, competition and publicity through public tender. The FONPRODE Office shall ensure that such conditions are met.

Article 20. Track operations.

1. The FONPRODE Office shall carry out the monitoring of the projects and operations financed from the FONPRODE. To this end, in the agreements, agreements and other legal documents which are signed with the recipients of the funds in order to formalize the operations, the obligations of information deemed appropriate for the best monitoring of them.

2. The monitoring of operations shall include, inter alia, the following actions:

(a) The receipt, study, assessment, approval and archiving of operational schedules, interim and final reports and any other documentation relating to the implementation of the contributions from the FONPRODE.

b) The receipt, study, valuation, and resolution of any request for modification that does not affect the conditions approved by the Executive Committee and the Council of Ministers. In the case where such changes affect the conditions approved in the Executive Committee and the Council of Ministers, they shall be raised again for consideration.

c) In coordination with the Permanent Representations of Spain to the international development agencies, and with the Governor or Governor of Spain to the international financial organizations, as well as with other competent authorities, where appropriate, communication with the beneficiaries and the preparation and participation in the committees and committees for the monitoring of contributions, both at bilateral and multilateral level.

(d) the preparation of reports on the monitoring and assessment of contributions, in particular as regards the impact on the development of operations and their consistency with the objectives set out in the documents planning for Spanish Cooperation.

3. For the purpose of carrying out its tasks, the FONPRODE Office shall be informed and supported by the competent bodies, in particular the addresses of the Spanish Agency for International Development Cooperation, the Spain and Technical Offices of Cooperation, the General Secretariat for International Cooperation for Development and the Permanent Representation of Spain to international development agencies.

Article 21. Assessment.

1. The FONPRODE Office and the General Secretariat for International Cooperation for Development shall jointly and with a biennial set out a plan to collect the evaluations to be carried out during that period, as well as the terms of reference for each assessment. The Executive Committee is hereby enabled to propose to the General Secretariat for International Cooperation for Development to carry out evaluations. From the results of the evaluations that the General Secretariat of International Cooperation for Development has decided to carry out, the Executive Committee of the FONPRODE will be informed before it is made public.

2. The evaluation will be carried out according to the criteria marked by the corresponding Plan Director of Spanish Cooperation and the other documents in the field of evaluation of the Spanish policy of international cooperation for development.

3. The costs necessary for the performance of the evaluations may be financed from the FONPRODE, as set out in Article 2.4 of Law 36/2010 of 22 October.

CHAPTER V

Cooperation, Communication and Advertising Council functions

Article 22. Functions of the Development Cooperation Council in relation to the FONPRODE.

The Development Cooperation Council, as an advisory body on international cooperation for development, and without prejudice to the functions assigned to it by the rules applicable to it:

a) Report any modifications to the Responsible Financing Code prior to its approval by the Executive Committee.

(b) It shall be consulted during the preparation of the biennial assessment plan provided for in Article 21.

c) Be informed of the results of the evaluations carried out on the FONPRODE, before being made public.

(d) Valorara the annual report referred to in Article 12 of Law 36/2010 of 22 October, and may agree to transfer it to other affected social institutions.

e) You will be informed of the proposals to modify or update the management methodology for the results of the development of the cooperation implemented through the FONPRODE.

f) You shall be informed of the operational programming of the FONPRODE referred to in Article 8.3 of Law 36/2010 of 22 October.

Article 23. Communication and publicity.

1. The Spanish Agency for International Cooperation for Development will make public through its memoirs, from the web pages of the Spanish Cooperation or any other means that it considers convenient the following information:

a) The Responsible Financing Code.

b) Operations funded in the current year.

c) Tracking the development results set for the operations funded once information is available on them.

(d) The results of the evaluations carried out on the FONPRODE and reports resulting from technical assistance and consultancy financed from the FONPRODE referred to in Article 3.1.c), except in cases where the the Executive Committee expressly authorizes non-disclosure of the same, in particular where the results of such work relate to the identification of possible operations of the FONPRODE or the subject matter of confidentiality agreements between parts.

(e) The annual report referred to in Article 12 of Law 36/2010 of 22 October 2010 and the opinions on the report which, if necessary, issue the International Cooperation Committees for the Development of the Congress of the Deputies and the Senate.

2. The General Secretariat for International Cooperation for Development will make public through its Spanish Cooperation Portal the results of technical assistance and evaluations carried out on the FONPRODE.