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Royal Decree 910/2012, Of 8 June, Which Approves The Regulation Of The Council Of Staff Of The Armed Forces.

Original Language Title: Real Decreto 910/2012, de 8 de junio, por el que se aprueba el Reglamento del Consejo de Personal de las Fuerzas Armadas.

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TEXT

In Title III, Chapter II, of the Organic Law 9/2011 of 27 July 2011, of rights and duties of members of the Armed Forces, the Staff Council of the Armed Forces is regulated, and the Council of Personnel, establishing that the participation of professional associations of members of the Armed Forces and their dialogue with the Ministry of Defense will take place. In particular, Article 47 states that the Staff Council shall have the composition, functions and arrangements laid down in that Chapter and in its regulatory development, which shall also include the rules which are necessary for determine the procedure and time limits for the appointment and incorporation of the members ' representatives of the associations which have accredited the legally required conditions. Likewise, the final tenth of the aforementioned Organic Law 9/2011, of July 27, gives a mandate to the Government to regulate the Council of Personnel and establish the timetable for its constitution.

Thus, the royal decree contains a single article that approves the Staff Council Regulation, which follows, and three additional provisions on its means, relations with professional associations and their representatives in social and welfare institutions; a transitional system that regulates its constitution, a derogation and two endings giving development powers to the Minister of Defence and establishing the entry into force.

As regards the structure of the regulation to be adopted, Chapter I of the Rules of Procedure sets out the general provisions relating to the Staff Council, its powers and composition. Chapter II provides for rules on the members of the Staff Council, defining the duration of their term of office or the renewal of their term of office, the duties and rights of their members, the loss of the status of a member of the Staff Council and the System of supply. Chapter III deals specifically with the functions of its chairman, representatives and the permanent secretary. Finally, Chapter IV is devoted to the working arrangements, regulating aspects such as the operation in plenary or committees, the preparatory committee, the various types of meetings, the agenda, the way in which they are to be deliberated and the status of the minutes.

In the Staff Council proposals or suggestions may be made in matters relating to the status and status of military personnel, the exercise of rights and freedoms, the regime of personnel and the conditions of life and With its creation, participation is given to the military, through its associations, to collaborate in the determination of its personnel regime. It is intended that this new avenue of participation be an appropriate complement to the institutional representation that is exercised through the chain of military command and the use of the channels legally provided for in Article 28 of the Organic Law 9/2011, July 27, for the presentation of individual initiatives and complaints by members of the Armed Forces.

The special nature of this administrative body makes it necessary to provide it with a specific legal regime which is fully contained in this Regulation, thereby complying with the abovementioned mandates contained in the Article 47 and in the final provision of the Organic Law 9/2011 of 27 July 2011, being one of the main specialties of that regime, the one concerning the adoption of agreements within the Council of Personnel, which requires the same adopt by unanimous consensus that they are not dealt with by any of its members, thus reflecting on the report to be drawn up. If any repair is made, this report shall contain the different positions reflected in the minutes of the meetings, in accordance with the provisions of Article 50.6 of the Organic Law 9/2011 of 27 July. It also stresses, with regard to the composition of the Staff Council, that the same number of representatives of the Ministry of Defense and representatives of the associations that meet the legal requirements should be established. representative for each association. On the other hand, it is determined that the Staff Council will be updated in accordance with the data contained in the annual responsible statements to be made by the associations in accordance with Order DEF/3217/2011 of 18 November, The Register of Professional Associations of members of the Armed Forces is regulated. It also contains the accuracy of appointing additional representatives by the associations, where the number of such representatives on the Staff Council is lower than the minimum number of representatives of the Ministry.

This royal decree also contains an additional provision relating to the number of members of government or administrative bodies in public law entities and public sector consortia in which they participate. representatives of other public administrations, of organisations representing social interests or persons designated by the special conditions of experience or knowledge in the light of the nature of the tasks assigned to them entity's organs.

This provision addresses the characteristics of this type of collegiate body, referred to in Article 22 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and Article 39 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. It is a question of clarifying the existence of a necessary flexibility and autonomy in the determination of its number of members since, on many occasions, it depends precisely on its peculiar composition. However, this should not imply the failure to apply the austerity criterion, which, among others, has led to the approval of Royal Decree 451/2012 of 6 March, so that in no case will it be permissible for the number of members to receive compensation for assistance, allowances and travel expenses or any other kind of compensation or compensation provided for in Royal Decree 462/2002 of 24 May 2002 on compensation for the purpose of the service, may exceed the limits to which it is refers to Article 6.2 of that Royal Decree 451/2012, depending on the group in which the institution has been classified in question.

In its virtue, on the proposal of the Minister of Defense, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the June 8, 2012,

DISPONGO:

Single item. Approval of the Staff Council Regulations of the Armed Forces.

The Armed Forces Staff Council Regulation is approved, the text of which is included below.

Additional disposition first. Media of the Armed Forces Staff Council.

The Assistant Secretary of Defense will provide the personal, material, and budgetary resources necessary for the operation of the Armed Forces Personnel Council, hereinafter the Staff Council, without its putting into effect. activity is an increase in public expenditure.

Additional provision second. Relationship with professional associations.

1. In its relations with the Ministry of Defence, the professional associations shall be directed and receive information exclusively through the permanent secretariat of the Staff Council governed by the regulation which is adopted, without prejudice to the actions which, outside the scope of this Ministry, may exercise under the provisions of Articles 40.1.a), 40.2.b) and 40.2.c) of the Organic Law 9/2011 of 27 July, of rights and duties of members of the Armed Forces.

2. Once the proposals, reports, requests or suggestions are received in the permanent secretariat, their study will be carried out and in the event that the association proposes the topic to be discussed in the Council of Personnel will be included in the corresponding order of the day, if the president deems it appropriate.

3. When the association raises a proposal, request or suggestion and considers that its discussion in the Staff Council is not necessary, this will be stated and in this case the permanent secretariat of the Staff Council will refer the matter to the managers of the Ministry of Defence or personnel of the corresponding armies for their assessment.

The Permanent Secretariat of the Staff Council shall notify such association of the decision taken or the reasoned response to its request.

Additional provision third. Social and welfare forecasting entities.

1. The members of the associations forming part of the Staff Council shall elect, among them, up to three representatives in the governing bodies or management of the mutual societies, associations and institutions of social and welfare provision whose scope They include members of the Armed Forces and their families, when provided for in their specific regulations.

2. Once elected, they shall communicate it to the permanent secretariat of the Staff Council so that they can transfer the choice to the corresponding mutual societies, associations and entities.

Additional provision fourth. Number of members of the governing bodies or administration of certain entities.

In public law entities and public sector consortia in whose organs of government or administration representatives of other public administrations, representative organizations of interests participate social or persons referred to in Article 39 (3) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, the number of members of such bodies shall be determined by the statutes, rules or conventions by which, in each case, they are regulated. However, the maximum number of members who receive allowances for assistance, allowances or travel expenses or any other compensation or compensation provided for in Royal Decree 462/2002 of 24 May 2002 on compensation for In any event, it may not exceed the limits referred to in Article 6.2 of Royal Decree 451/2012 of 5 March 2012, which regulates the remuneration of the maximum responsible and managers in the business and other public sectors. entities.

Single transient arrangement. Timetable for the establishment of the Council.

1. Within a maximum of one month from the entry into force of this royal decree, the Directorate General of Personnel of the Ministry of Defense will publish the data of the Armed Forces personnel, as indicated in Article 4.2 of the regulation, which is approved, referred to the day of entry into force of this royal decree.

2. From the day following the publication of the resolution contained in the previous paragraph, the associations registered in the Register of Professional Associations of members of the Armed Forces may make their declaration responsible, having two months to request the registration of such a declaration in the Register of Professional Associations of Members of the Armed Forces.

3. After the end of the two-month period referred to in the previous paragraph, the associations which have not applied for the registration of their responsible declaration may not be part of the Staff Council during the year 2012.

4. Upon registration of the responsible declaration, the Deputy Secretary of Defense shall, by resolution, communicate to the association which obtains representation in the Staff Council and which has the possibility of appointing a representative and its members. substitutes.

5. The first session of the Staff Council of the Armed Forces shall take place within one month of the publication of the ministerial order for the appointment of the representatives to the Staff Council, referred to in Article 3.5 of the regulation that is approved by this royal decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 258/2002, of March 8, is repealed, which regulates the Armed Forces ' Personal Advisory Councils, as well as all those norms of equal or lower rank that oppose or contradict what is planned. in this royal decree.

Final disposition first. Development enablement.

The Minister of Defense is enabled to dictate how many provisions are necessary for the development of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, June 8, 2012.

JOHN CARLOS R.

The Minister of Defense,

PEDRO MORENES EULATE

ARMED FORCES PERSONNEL COUNCIL REGULATION

CHAPTER I

General provisions

Article 1. Armed Forces Staff Council.

1. The Staff Council of the Armed Forces, hereinafter the Staff Council, is the body in which the participation of the professional associations of members of the Armed Forces and their interlocution with the Ministry of Defense takes place, in matters relating to the status and status of the military, the exercise of rights and freedoms, the regime of personnel and the conditions of life and work in units.

2. The Staff Council shall be attached to the Ministry of Defence Secretariat.

Article 2. Staff Council Functions.

1. The Staff Council shall perform the following tasks:

a) Receive, analyze and evaluate proposals or suggestions raised by professional associations whether or not they are represented in the Staff Council.

b) Having knowledge and being heard about the following issues:

1. Establishment or modification of the professional status and disciplinary regime of the Armed Forces.

2. Determination of working conditions.

3. Remuneration Scheme.

4. Plans to train and improve teaching in the Armed Forces.

5. The permissions, vacation, and license regime.

6. Additional Social Forecast Plans.

7. Matters affecting other social, professional and economic aspects of the military.

(c) Inform, as a mandatory and prior to its approval, the legal provisions and their regulatory developments as referred to in the foregoing sub-paragraphs.

d) Receive quarterly information on personnel policy.

e) To know the quarterly statistics on the rate of absenteeism and its causes, the accidents in service and occupational diseases and their consequences and on the rates of accidents, as well as the studies papers or specific to be performed on working conditions.

f) Other that attribute to you the laws and general provisions.

2. The Staff Council shall analyse and assess those other matters which, within its scope of competence and functions, may be subject to its consideration by the Minister of Defence.

3. Matters relating to security and defence policy decisions, with the planning and development of military exercises or operations and the use of force, are excluded from the scope of the Staff Council.

Article 3. Composition of the Staff Council.

1. The Council of Personnel is chaired by the Minister of Defense, and when he does not attend, the Assistant Secretary of Defense will do so. It shall be constituted by representatives of the professional associations of members of the Armed Forces who meet the requirements of Article 48.2 of the Organic Law 9/2011, of July 27, of rights and duties of the members of the Armed Forces. Armed, and representatives of the Ministry of Defense, in equal numbers by both sides.

2. The powers conferred upon the President of the Staff Council by this Regulation may be exercised by the Deputy Secretary of Defense when determined by the Minister of Defense.

3. The representatives of the Ministry of Defense shall be at least the following: the Deputy Secretary of Defense, if he does not preside over the Staff Council, the Director General of Personnel and the Mandos or Chief of Staff of the Armies. In any case, the minimum number of representatives of the ministry will be five.

4. For each professional association that meets the requirements of Article 48.2 of the Organic Law 9/2011, of July 27, a representative who complies with the provisions of Article 43 of the said Organic Law will be present to the Staff Council.

Each association may appoint two alternates of its representative to the Staff Council, which shall meet the same requirements as the holder.

5. The composition of the Staff Council shall be updated in accordance with the data contained in the annual responsible statements to be made by the associations. The appointment or termination of the representatives and their alternates, both from the Ministry of Defense and the professional associations, shall be carried out by ministerial order published in the Official Gazette of the Ministry of Defense. Such publication shall take place after the registration of the representatives of the associations in the Register of Professional Associations of Members of the Armed Forces.

Article 4. Requirements of professional associations represented in the Staff Council.

1. In order for a professional association of members of the Armed Forces to be a member of the Staff Council, it will be necessary to accredit the percentages of members provided for in Article 48.2 of the Organic Law 9/2011, of July 27.

2. For this purpose, the Directorate-General for Personnel of the Ministry of Defence shall publish the data of the staff referred to in Article 48.2 referred to at 31 December of each year.

3. The accreditation referred to in paragraph 1 above shall be carried out by registration in the Register of Professional Associations of Members of the Armed Forces of the responsible declaration provided for in Article 36.7 of the Organic Law 9/2011, July 27, referring to December 31, the previous year.

4. Once the registration of the responsible declaration for the current year has been completed, the Assistant Secretary of Defense shall communicate to the association which continues with representation in the Council of Personnel, which ceases its representation or, in the event that it is the first time it has obtained representation on the Staff Council, the possibility of appointing a representative and its alternates to the Staff Council.

5. The responsible statement shall produce the effects contained in this Article during the year to which it relates and from the time of notification of the decision referred to in the preceding paragraph, without prejudice to the the powers of verification, control and inspection which correspond to the Ministry of Defence, in accordance with the provisions of Article 71a (3) of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations Common Administrative Procedure.

6. To the effect that the Administration establishes the inaccuracy, falsehood or omission, of an essential nature, of the responsible statement made or the non-presentation of the declaration to the Registry of Professional Associations of Members of the Armed forces, the association shall cease to be represented on the Staff Council in accordance with Article 71a of Law 30/1992 of 26 November. This circumstance shall be notified to the corresponding association, following the procedures and procedures provided for in that law, by means of a resolution of the Deputy Secretary of Defense, indicating the date from which it ceases to be represented. on the Staff Council.

Article 5. Representatives of the professional associations in the Staff Council.

1. Once the Deputy Secretary of Defense communicates the resolution referred to in paragraph 4 of the previous Article, the competent body of the association shall appoint its representative to the Staff Council and two alternates. That representative and his alternates shall be full members of the association.

2. Within one month of the notification of the resolution of the Deputy Secretary of Defense to the association, the association must apply to the Registry of Professional Associations of members of the Armed Forces. representatives and their alternates to the Staff Council, unless they are already registered in that register.

3. Once the compliance by the designated legal requirements and, in particular, the incompatibilities regime has been verified, the Registry of Professional Associations of members of the Armed Forces will proceed to register the designation in accordance with its implementing rules.

Article 6. Representatives of the Ministry of Defence in the Staff Council.

1. The representatives of the Ministry of Defence in the Staff Council shall be at least those referred to in Article 3.3, and shall be increased in the case of the same number as the representatives of the associations. professionals.

2. The representatives of the Ministry of Defense and their alternates shall be appointed by the Minister on the proposal of the Secretary of State and in their appointment shall be sought to attend to the principle of gender-balanced presence.

CHAPTER II

From the members of the Armed Forces Staff Council

Article 7. Rights of representatives of professional associations in the Staff Council.

The representatives of the professional associations in the Staff Council and their alternates shall have the following rights:

(a) To express themselves freely in the exercise of their functions under the principles of independence and responsibility and not to be discriminated against in their professional promotion because of the performance of their representation.

b) Dispose of time credits for the exercise of their tasks in the preparation of the subjects, elaboration of proposals and possible membership of the staff of the Council of Personnel. The allocation of these time credits shall be determined by a decision of the holder of the Directorate-General for Personnel, establishing at 33% of the usual working day in monthly calculation.

c) Attend meetings of the Staff Council, in plenary or in commissions, ordinary or extraordinary. Attendance at such meetings shall be considered as an act of preferential service, so the appointed representatives, and their alternates shall, where appropriate, attend the call for use of the regulatory uniform.

d) Expose and disseminate the advertisements, communications or publications of their association through the means, procedures and general channels of electronic communication provided by the Ministry of Defense, to which the Article 44.1 of the Organic Law 9/2011 of 27 July.

Article 8. System of incompatibilities.

1. The designation of a military officer shall be incompatible as a representative or alternate of an association in the Staff Council when they are in the person concerned, either of the following circumstances:

a) Be appointed representative of the Ministry of Defense.

b) Being destined abroad or in the permanent secretariat of the Council of Personnel, referred to in Article 50.7 of the Organic Law 9/2011, of July 27.

c) Be designated representative of two associative entities.

d) To be a member of the Observatory of Military Life or to be assigned to its body of work.

2. The Deputy Secretary of Defense will declare the incompatibility of a member of the Staff Council to be incompatible.

Article 9. Duration of the command.

1. The term of office of the members of the Staff Council representatives of the Ministry of Defence, appointed by reason of their position, shall be maintained as long as they remain in the same.

2. The mandate of the representatives of the professional associations shall be maintained as long as the association complies with the percentages provided for in Article 48.2 of the Organic Law 9/2011 of 27 July, and until the governing bodies of each the association is a new designation, in accordance with the provisions of Article 48.3 of that Organic Law. In any event, the representative of the Association in the Staff Council and their alternates shall be those who are registered as such in the Register of Professional Associations of Members of the Armed Forces and whose designation or renewal for the corresponding annual period has been published by ministerial order in accordance with the provisions of Article 3.5 of this Regulation.

Article 10. Loss and suspension of membership of the Staff Council.

1. Members of the Staff Council will lose this condition to any of the following causes:

a) End of term or end of office.

b) Death or inability to come over.

c) Renunciation, for the case of the representatives of the associations.

(d) Change to an administrative situation in which the military condition is suspended, in accordance with the provisions of Law 39/2007 of 19 November of the military career.

(e) Condenne by a firm sentence for a crime covered by the penal code or military penal code that carries the penalty of loss, suspension or deposition of employment, absolute or special disablement, suspension of employment or charge public or prison.

f) Overcome compatibility, declared by the Deputy Secretary of Defense.

g) Completion of the commitment of the military to maintain a service relationship of a temporary nature.

h) Go to retirement.

2. The loss of the membership of the Staff Council shall be declared by ministerial order, published in the "Official Gazette of the Ministry of Defense". Such publication shall take place after the registration of the loss of the status of representative in the Register of Professional Associations of Members of the Armed Forces.

3. The suspension of the membership of the Staff Council, as the representative of an association, shall take place where the association to which it represents has not, before 31 January of each year, applied for registration in the Register of Associations of the annual responsible declaration. Such suspension shall be maintained until the corresponding entry is made.

Article 11. Members of the Staff Council.

1. The alternates appointed by the associations as provided for in Article 3.4 shall be recognized throughout the period of their appointment for the rights contained in Article 7.

2. Where the holder loses such a condition in accordance with the provisions of the foregoing Article, he shall be temporarily replaced by one of the alternates.

3. In case of absence, commission of service or illness, and in general when there is a justified cause, the members of the Staff Council shall be replaced by one of their alternates, for the duration of the cause of the absence temporary. This replacement shall be communicated and accredited to the permanent secretariat at least 24 hours before the start of the sessions.

CHAPTER III

Organs of the Armed Forces Council of Personnel

Article 12. Holders of the Staff Council.

1. The holders of the Staff Council are its chairman and the representatives, both from the Ministry of Defence and from the professional associations.

2. The Staff Council shall be assisted by a permanent secretary, who shall not have the status of a holder.

Article 13. From the president.

The following are the functions of the president:

a) Ostend the representation of the Staff Council in relations with other bodies or entities and authorize any official communication thereof.

b) Agree to call for ordinary and extraordinary sessions and set the agenda.

c) Chair sessions, moderate the development of debates, and suspend them for justified reasons.

d) Ensure compliance with laws.

e) To view the minutes of meetings and reports of the Staff Council.

(f) Constituting or dissolving, on a proposal from the plenary, the corresponding commissions.

g) Designate the members of the Staff Council or their alternates to be a party and preside over the committees, so that the various associations and the number of their representatives and the Ministry of Defense is equal.

(h) Agree to exclude the treatment of matters and matters which, in accordance with Article 46.2 of the Organic Law 9/2011 of 27 July 2011, are not attributed to the Staff Council.

i) To issue to the Observatory of Military Life the reports and minutes of the Staff Council, as provided for in Article 54.2 of the Organic Law 9/2011, of July 27.

j) Exercise how many other functions are inherent in your status as president.

Article 14. Of the representatives.

1. It is the role of the representatives, both professional associations and the Ministry of Defence, to analyse, assess and discuss the proposals or suggestions raised within the Staff Council.

2. The representatives shall act under the principles of independence and responsibility, having the right to express themselves freely in the exercise of their duties.

Article 15. From the permanent secretary of the Staff Council.

1. The permanent secretary of the Staff Council shall have a military status and shall be appointed by resolution of the Deputy Secretary of Defense published in the "Official Gazette of the Ministry of Defense."

2. It is for the permanent secretary of the Staff Council:

a) Propose the president the order of the day and prepare the necessary documentation for the corresponding session.

b) Call for sessions.

c) Compose the minutes of the sessions.

d) Develop the proposals of the reports referred to in Article 50.6 of the Organic Law 9/2011 of 27 July.

e) Receive notifications, requests, corrections, or any other type of writing or communication from the members who make it.

f) Exorder certifications from the reports.

g) Issue with the president.

h) Submit annually to the plenary, through the president, a memory of activities.

i) Custody the minutes, once signed with the president's approval, as well as any other documentation relating to their activity.

j) Provide the necessary support to achieve the coordination of the work of the Staff Council and the Commissions.

k) Receive, acknowledge, record and process proposals or suggestions from professional associations, whether or not they are represented on the Staff Council.

l) How many other functions are inherent in your status as secretary or are attributed to you by the president.

3. In accordance with Article 50 (7) of the Organic Law 9/2011 of 27 July, the Permanent Secretary of the Staff Council will have a permanent secretariat in the field of the Undersecretary of Defense, who will assist him in his functions.

4. The Permanent Secretariat of the Staff Council shall have the information and support required by the Registry of Professional Associations of Members of the Armed Forces.

CHAPTER IV

Job Regime

Section 1. Operation

Article 16. Meetings.

The Staff Council for its operation may meet in full or on commissions.

Article 17. Of the plenary session.

The Plenary Session of the Staff Council shall be composed of all its members, under the direction of the President, assisted by the Permanent Secretary and shall adjust its working arrangements to the rules contained in this Chapter.

Article 18. Commissions.

1. The President of the Staff Council may, on a proposal from the plenary, set up or dissolve working committees on a permanent or temporary basis, in order to deal with matters assigned to him by the plenary. It shall also be for the Chairman of the Staff Council to appoint the chairman and the secretary of each of the committees of work, and in any case, in his composition, there shall be equal numbers of representatives of the Ministry of Defence and associations.

2. Representatives of the Ministry of Defence appointed as members of a committee may delegate their participation in one of their alternates or in a public employee of their management body. That delegation shall be notified to the Permanent Secretariat.

Representatives of the associations appointed as members of a committee may delegate their participation in one of their alternates or another full member of the association. That delegation shall be notified to the Permanent Secretariat.

3. The meetings of the committees shall be governed by the provisions of the plenary session and shall not, in so far as it applies to it, involve other persons other than those designated as members or delegates. corresponding.

Article 19. From the preparatory committee.

1. The Staff Council shall have a preparatory committee for the meetings of the plenary session, which shall meet in advance of the holding of its ordinary or extraordinary sessions, for the preparation of the meetings and the preparation of the proposal. the president of the matters forming part of the agenda.

2. The composition of this preparatory committee and the appointment of its members shall be made by agreement of the chairman of the Staff Council, at the proposal of the plenary. In any case, there will be equal numbers of representatives from both the Ministry of Defense and professional associations.

3. The Chair of this committee shall be held by the Permanent Secretary and shall act as Secretary of the Permanent Secretary to the Permanent Secretary of the Staff Council.

Section 2. Session Types and Order of Day

Article 20. Of the Staff Council sessions.

1. Sessions may be ordinary and extraordinary.

2. It shall meet in ordinary session, for the dispatch of the business of its competence, at least once every three months.

3. It shall meet in extraordinary session when convened by its chairman, on his own initiative or at the request of the majority of the representatives of the professional associations. Each representative shall make his request by writing to the President, through the Permanent Secretariat of the Staff Council, which shall include the matters to be dealt with, accompanying the documents to which they are necessary.

4. The most representative retired and disabled military associations shall be convened to the meetings of the plenary of the Staff Council, in order to deal with matters which may affect their associates, at least once a year, in accordance with the provisions of the provided for in the first provision of the Organic Law 9/2011 of 27 July.

Article 21. Call for sessions.

1. The call shall contain:

a) Place, day, and time of the meeting.

b) Order of the day.

c) Minutes of the previous session.

2. The members of the Staff Council shall receive the call for the plenary sessions and the reports and documents required at the association's registered office or by the electronic means to be established with the respective association, with a Minimum advance of seven days for ordinary and two days for overtime.

Article 22. From the order of the day.

1. The agenda contained in the meeting shall be set by the president.

2. The preparatory committee shall draw up a draft agenda on the basis of the proposals, reports, requests and suggestions received by the Permanent Secretariat and raised by the representatives of the various professional associations. Such a proposal shall be submitted to the President to be approved.

3. The agenda shall contain at least the following items:

a) Relationship of the issues to be dealt with.

b) Proposer Association of each subject.

c) Presentation and defense or, where appropriate, reading of the matter.

d) Order to participate in the debate of the other members of the Staff Council.

e) Questions and questions.

4. The documents on which the Staff Council is to be known at each session shall be sent to its members and shall be available to the Permanent Secretariat at its disposal, from the date of the call to the conclusion of the meeting.

5. No matter which is not included on the agenda may not be the subject of deliberation or agreement unless, exceptionally, the President authorizes the matter at the point of order and questions.

Section 3. Session Development, Discussion and Agreement Making

Article 23. Development of meetings of the Staff Council.

In session development, your members can:

(a) Participate in the debates of the sessions and formulate, if necessary, repair to the common position proposed by the president.

b) Formulate pleas and questions.

c) Exercise other functions that are inherent in your condition.

Article 24. Start of sessions.

1. The meetings of the Staff Council will begin with the reading by the permanent secretary of the agenda.

2. Each of the items on the agenda shall be dealt with in accordance with their presentation and defence by the proposer's association, when it attends, or with its reading by the Registrar in other cases.

3. In the event that the proposed cases are to be dealt with under Article 2.2, a representative of the Ministry of Defence shall set out the corresponding proposal as laid down in the agenda.

Article 25. Debates.

The discussions will take place as indicated on the agenda, with the president's competence to moderate them.

Article 26. Reports from the Staff Council.

1. The reports shall contain the agreements reached on the items on the agenda when, following the relevant discussions, consensus is reached between the representatives of the professional associations and those of the Ministry of Defence.

2. There shall be a consensus when there is no qualms about the common position put forward by the President at the end of the relevant discussions. Such a common position, if any, will be embodied in the relevant agreement to be set out in the Staff Council report.

3. If, at the end of the relevant discussions, there is any repair to the position proposed by the President, the report shall reflect the different positions of each representation in the minutes of the sessions.

Section 4. Of the minutes of the sessions

Article 27. Minutes of the session.

1. Minutes signed by the Secretary, who shall necessarily specify the assistants, the order of the day of the meeting, the circumstances of the place and time at which the meeting was held, the points of the meeting, the points of order of the meeting, the main debate which has taken place as well as, where appropriate, the content of the agreements adopted with the relevant common position.

2. In the event that there are objections to the position referred to by the President, the minutes shall reflect those objections and the reasons for them.

3. Any member of the Staff Council shall have the right to request that the minutes be attached to the common position, provided that the act, or within the period specified by the President, is provided in the text which corresponds faithfully to its share, This should be stated in the minutes or by joining the minutes.

4. In the event that the repair is to the whole and therefore there is no possibility of reaching any common position, the minutes will reflect the position of each representative.

5. The minutes shall be drawn up by the President once approved by the plenary of the Staff Council and signed by the Registrar. However, he may be certified on the specific agreements which have been adopted, without prejudice to his subsequent approval. The certifications of agreements adopted before the approval of the minutes shall expressly state such a circumstance.

6. The Observatory of Military Life will be the recipient of the reports and minutes of the Staff Council of the Armed Forces in which the proposals or suggestions put forward by the professional associations and the agreements will be collected. reached.

Single additional disposition. Associations with representation.

1. In the event that in an annual session of the Staff Council, the number of associations meeting the requirements of Article 48.2 of the Organic Law 9/2011 of 27 July, is less than five shall be acted as follows:

(a) If only a partnership is fulfilled, the representative of the association and the number of alternates necessary to match the minimum representatives of the ministry, as referred to in Article 3, shall be present to the Staff Council. 3.

b) If the number of associations that meet is two, the representative of each association and its two alternates will attend their sessions.

c) If the number of associations that meet is three or four, the representative of each association and an alternate will attend their sessions.

2. In any case, the representatives of the associations will be the only ones who will intervene in the debates raised in the Council of Personnel.

3. The Assistant Secretary of Defense shall communicate to the relevant associations the possibility of appointing alternates to attend the meetings of the Staff Council.