Article 33 of Law 23/1998, of July 7, of International Cooperation for Development, provides for the creation of the Registry of Non-Governmental Development Organizations (NGDOs) attached to the Spanish Cooperation Agency International for Development. Royal Decree 993/1999 of 11 June adopted the Regulation of the Register of NGDOs in which the contents of the entries were regulated, as well as the procedures for registration, modification and cancellation.

Access to the Register constitutes, as provided for in Article 33 of Law 23/1998, 7 July, an essential condition for receiving aid and grants from the public authorities which can be used as official aid. the development, while allowing access to the tax incentives provided for in Article 35. This circumstance makes it necessary to verify the suitability of the entities that are registered, as well as the veracity of the data entered, and to take the necessary measures to keep the collected information updated, obtaining the highest level from the Registry's fidelity to reality.

The time since the adoption of the Regulation has highlighted the importance of the ONGD Register as a reflection of the diversity and characteristics of the associative fabric committed to international solidarity, as an instrument for the advertising of NGDOs, as a reference to be able to benefit from the tax benefits that the law determines, as well as for the management of the calls for grants, both at the state and regional level. However, the changes in the sector and the General Administration of the State itself, together with the creation of registers of the same nature in some autonomous communities, make the adaptation of the Regulation to the new context inescapable.

The Regulation addresses, firstly, the definition of the type of entity that is eligible for registration in the Register. The evolution of the NGDO sector, driven by a growing social implementation, experience and professionalization in its operation, has modified the structure and the way to act, and has also led to an increase in its number. It is therefore appropriate to develop the somera definition of NGDOs provided by Article 32 of Law 23/1998 of 7 July. Concepts of strong indeterminacy are clarified as the non-governmental character of applicants, excluding those who maintain legal ties of dependence with public sector administrations and entities; the aims at the cooperation or the sufficient structure, requirements all of which are to be met by entities applying for registration in the NGD Register.

The definition of the subjective scope is completed with the description of the first-enrollment procedure.

The royal decree provides for a transitional period of twelve months for the currently registered entities to comply with the requirements and obligations laid down in the new Regulation.

Secondly, the royal decree deals with aspects related to the maintenance and updating of the registry data.

The successive extension of citizens ' access to public services through electronic means makes it possible, first of all, that the documentation can be used in this format. Moreover, it makes it easier to update some of the most relevant registered data, i.e. those that allow an X-ray of the structure and scope in which the registered entities develop their functions, be faster and effective. Therefore, the necessary conditions are in place to allow for the establishment of procedures for the near-permanent updating of the Register.

For this purpose of maintaining an ONGD Register with up-to-date information, the Regulation regulates the figures for updating and modifying the registered data, as well as for the suspension of registration in cases in which those are not produced within the time limits laid down.

With the same objective, the processes of succession of entities registered in the Register are regulated, thus taking into account the current context in which an increase in mergers, removals or simple changes in legal form is occurring. to which the ONGD Registry must respond.

Finally, some autonomous communities, making use of the faculty provided for in article 33.1 of Law 23/1998, of July 7, have created ONGD records in their respective territories. However, the Regulation of the Register of NGDOs did not provide for the articulation of cooperation instruments between the latter and the autonomous registers, beyond the generic mandate introduced by the legislator in that article. This is a matter of being remedied in the new wording of the Regulation, which provides for this specific case the possibility of signing collaboration agreements to ensure the communication and approval of data registers by means of electronic.

The royal decree has been informed by the Development Cooperation Council.

In its virtue, on the proposal of the Minister of Foreign Affairs and Cooperation, after the approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 20 March 2015,

DISPONGO:

Single item. Adoption of the Regulation.

The Regulation of the Registration of Non-Governmental Organizations of Development attached to the Spanish Agency for International Cooperation for Development is approved, the text of which is inserted below.

Single additional disposition. No increase in public spending.

The application of this royal decree will be made without an increase in the operating costs of the respective management bodies and will not entail an increase in appropriations, remuneration or other personnel costs.

Single transient arrangement. Adaptation of the entities to the new Regulation.

1. The entities registered in the Register of Non-Governmental Organizations of Development at the date of entry into force of this royal decree will have to adapt their registration in the register, as well as the adaptation to the corresponding regulations of in accordance with its legal nature, within 12 months of its entry into force. After that period has elapsed without the request for adaptation, the Registry may initiate the procedure for cancellation of the registration, subject to a hearing procedure.

2. The Director of the Spanish Agency for International Development Cooperation shall decide on the suitability of the adaptation of the registered entities within six months of their application.

3. In cases where the entity requesting the adaptation does not meet the necessary requirements for registration, the Registry of Non-Governmental Organizations of Development will resolve the cancellation of the same, prior to hearing.

Single repeal provision. Regulatory repeal.

1. Royal Decree 993/1999 of 11 June 1999 is hereby repealed, approving the Regulation of the Registry of Non-Governmental Organizations of Development attached to the Spanish Agency for International Cooperation.

2. Any other provisions of equal or lower rank which are contrary to the provisions of this royal decree and in the regulation adopted shall also be repealed.

Final disposition first. Enforcement and enforcement powers.

The Director of the Spanish Agency for International Cooperation for Development is empowered to, after the necessary formalities have been completed, dictate how many measures are necessary in the implementation and implementation of the provisions of the the regulation that is approved.

Final disposition second. Competence title.

This royal decree is dictated by the provisions of Article 149.1.3. of the Constitution, for which the State is responsible for exclusive competence over "international relations".

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, on March 23, 2015.

FELIPE R.

The Minister of Foreign Affairs and Cooperation,

JOSÉ MANUEL GARCÍA-MARGALLO IVORY

REGISTRATION OF NON-GOVERNMENTAL DEVELOPMENT ORGANIZATIONS

Article 1. Object.

This Regulation is intended to regulate the Registration of Non-Governmental Development Organizations (ONGD Registry) provided for in Article 33 of Law 23/1998 of July 7, of International Cooperation for the Development, the registration procedure in the same and the relationships of collaboration with the ONGD records of the autonomous communities.

Article 2. Legal framework.

The procedures for registration, modification and cancellation shall be governed by the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and in the This Regulation.

Article 3. Attachment.

The Registry of NGDOs depends on the Ministry of Foreign Affairs and Cooperation and is attached to the Spanish Agency for International Cooperation for Development (AECID) through its Director.

Article 4. Subjective scope.

1. Entities governed by private law, legally constituted in Spain, not for profit, which enjoy full legal capacity and work, which have between their ends or as an express object, may be registered in the Register of NGDOs, according to their own Statutes, the performance of activities related to the principles and objectives of international development cooperation and which have a structure capable of sufficiently guaranteeing the fulfilment of their objectives.

2. Non-governmental Development Organisations registered in the ONGD Register may not maintain a legal relationship of dependency with any public administration or public sector entities. This dependency ratio shall be presumed when in its governing bodies it is more than 30 per 100 formed by persons acting on behalf of public administrations or public sector entities.

In no case shall they be recognized as Non-Governmental Development Organizations for the purposes of this Regulation, the universities, the political parties, the professional associations, the official chambers of commerce, industry and navigation, business organisations and trade unions.

3. An entity shall be understood to carry out activities related to the principles and objectives of international development cooperation where the purpose set out in its statutes is to promote the principles and objectives set out in this Regulation. In Articles 2 and 3 of Law 23/1998 of 7 July 1998, it carries out its activity on a continuous basis in one of the countries and sectors of development cooperation established by the Development Assistance Committee of the Organization for Economic cooperation and development, as well as development education.

4. An entity shall be understood to have a structure capable of sufficiently ensuring that its objectives are met when it has its own personal and material resources that ensure the sustainability of the activities it carries out.

Article 5. Content of the inscriptions.

1. The ONGD Register shall practice the registration by means of computerised procedures in independent register sheets and which contain spaces necessary for the practice of the mandatory seats.

2. The registration sheet shall contain at least the following seats and their modifications:

a) Denomination.

b) Tax identification number.

(c) domicile of the seat, as well as, where appropriate, of its delegations.

d) Identification data of promoters or founders.

e) Date of approval and, where applicable, modification of the Statutes.

(f) Number and date of registration in the register, state or regional, which corresponds according to its legal nature.

g) Identification of people who make up the governing body.

h) Finances and activities related to the principles and objectives of international development cooperation.

i) Activity sectors.

j) Heritage and sources of funding.

k) Number of cooperators working in the entity.

l) Number of partners and volunteers.

m) Date of enrollment.

Article 6. Application for registration.

1. The application for registration shall be addressed to the ONGD Registry and shall be filed in the General Register of the AECID or any of the offices and registers referred to in Article 38.4 of Law 30/1992 of 26 November, accompanied by the documentation that is listed in the following article.

2. If the request is made electronically, the documentation that could not be annexed in digital format may be submitted by any of the means indicated in the previous paragraph.

Article 7. Documentation to be provided with the application for first registration.

1. The application for first registration shall be accompanied by the following documentation:

(a) A national identity document of the entity's representatives and supporting documentation of their representation.

(b) Accreditation of the legal personality of the entity by means of the copy of the founding agreement or the founding act and its Statutes.

c) A copy of the tax identification card.

d) Certificate of registration in the corresponding public register according to the legal nature of the entity. This certificate shall include the name, registered office, registration number, date of discharge and, where appropriate, the last update and the authorised representatives.

(e) Statement responsible for the legal representative of the entity in which a brief description of the entity's activity is included, the sector to which its action is directed, the relationship of activities, projects and programmes which the institution has carried out in the field of international development cooperation, as well as, where appropriate, grants and aid for international development cooperation received by the administrations or by international donors.

The responsible statement will make reference to the current in the fulfilment of its tax obligations, with social security and by reimbursement of subsidies.

(f) Certificate of the entity in which the existence of sufficient structure is credited to ensure the purposes of the entity. The certificate shall contain at least the organisation chart of the institution and its delegations, the number of partner persons, the staff employed and the number of volunteers and cooperators engaged in the activities related to the cooperation. international for development.

g) Certificate of the entity in which the funds received from partner shares, donations and income generated by private fund raising activities likely to finance part of the activity are credited of the entity.

h) Annual report for the last year of activity, if any.

2. Applicants may authorise the AECID to collect the data relating to some of the required documents and to verify that the entity is aware of the compliance with its tax obligations, with social security and reimbursement of subsidies, in such a case exempted from the need to provide them, in accordance with the provisions of Article 6.2.b) of Law 11/2007, of 22 June, on the electronic access of citizens to Public Services.

Article 8. Resolution of the registration procedure.

1. Having regard to the application and the accompanying documentation, the director of the AECID shall decide on the basis of order or refusal of registration.

2. The maximum period for issuing and notifying the decision shall be six months from the entry of the application into the General Register of the AECID. After that time limit without the express resolution being notified, the application for registration may be understood.

3. The decision shall terminate the administrative procedure and against the same goat as a replacement for the Director of the AECID or administrative dispute before the competent court.

Article 9. Succession of entities enrolled in the ONGD Registry.

1.The procedure for the succession of entities registered in the ONGD Registry shall be established as a result of merger, absorption, division or change in a legal manner.

2. The procedure for the recognition of the succession, involving the seniority for the purposes of the AECID calls for grants, shall ensure the accreditation of the transfer of the rights and obligations of the pre-existing entities. to the new entity or, if applicable, to which it remains.

3. The recognition of the succession, involving, where applicable, the registration of the successor entity, shall be agreed by the Director of the AECID within three months from the entry of the application into the General Register of the AECID.

Article 10. Effects of enrollment.

In accordance with Article 33. 2 of Law 23/1998, of July 7, the registration in the Register of NGDOs will be an indispensable condition for receiving from the General Administration of the State, in the field of its competences, aids or grants computable as official aid to the development as well as for access to the tax incentives referred to in Article 35 of the same standard.

Article 11. Updating enrolled data.

1. The data entered in the register of NGDOs referred to in points (i), (j), (k) and (l) of Article 5.2 shall be updated in any case within the first four months of each year by means of communication from the legal representative of the institution. according to the model made available to the interested parties. For institutions that are subject to the obligation to audit annual accounts, this communication shall be subject to changes to the final closure of the previous financial year.

2. The lack of communication by the entity within the stipulated period for the updating of the registered data will produce the suspension of the effects of the registration if, made the requirement by the Registry, the communication does not produce within one month. In any event, the suspension shall end on the date of the submission of the documentation.

Article 12. Modification of the data entered.

1. Any amendment relating to Article 5.2 (a), (b), (c), (e), (g) and (h) shall be communicated to the ONGD Register within three months of the date on which it is produced by agreement of the governing body and representation of the entity. The communication shall be accompanied by the documentation necessary to prove the modification, which shall include the certification of the registration of the same in the corresponding register or, failing that, the application for registration.

2. The lack of communication by the entity in relation to the modification of the recorded data will produce the suspension of the effects of the registration if, made the requirement by the Registry, the communication does not occur in the of one month. In any event, the suspension shall end on the date of the submission of the documentation.

Article 13. Cancellation of registration.

1. Registration in the ONGD Registry may be cancelled:

a) By will of the entity manifested by its governing body.

b) On its own initiative, and after hearing, in the following cases:

By extinction or dissolution of the duly accredited entity.

When it is verified that it has ceased to comply with the requirements laid down in Article 32 of Law 23/1998.

2. The termination of the succession procedure under Article 9 shall entail the cancellation of the registration of the pre-existing entity.

3. The cancellation of the registration shall be agreed by the Director of the AECID within three months from the entry of the application in the General Register of the AECID in the case set out in subparagraph (a). After this period has elapsed without any express resolution, the cancellation of the positive silence may be understood to be estimated.

If the cancellation procedure has been initiated on its own initiative, the expiration of the three-month period will occur without any express resolution being notified.

4. The decision shall terminate the administrative procedure and against the same goat as a replacement for the Director of the AECID or administrative dispute before the competent court.

Article 14. Advertisement of the ONGD Register.

1. The ONGD Register has a public character. The right of access shall be exercised in accordance with Law 30/1992 of 26 November and Law 11/2007 of 22 June and its implementing legislation.

2. Advertising shall comply with the requirements laid down in the rules in force on the protection of personal data and shall be effective by certifying the content of the seats issued at the request of a person concerned, by simple information note or by means of listings.

3. Certificates may be obtained by any means which permits the constancy of the application made and the identity of the applicant and shall be issued within five days from the date of the application.

4. The advertising of the NGDO register shall not result from certification in the case of entities that have not communicated the updates or modifications of the registration data in accordance with Articles 11 and 12.

Article 15. Collaborative relationships between the ONGD Registry and the Autonomous Communities.

1. The AECID will be able to subscribe to the collaboration agreements that are necessary with the ONGD records of the autonomous communities, as well as those autonomous communities that do not have their own registration for the regulation of the exchange of information in order to ensure the communication and approval of registration data.

2. The ONGD Registry shall provide to the NGDO records of the Autonomous Communities how much data, documents or evidence is available to them and to be required for the exercise of their own powers.

3. The exchange of documentation and data between the registers shall preferably be carried out by electronic means.