Royal Decree 873/2014 of 10 October, by which modifies the Royal Decree 400/2012
Published in: "BOE" no. 249 of October 14, 2014, pages 83375-83383 (9 p.)
Section I. General Provisions
Department: Ministry of Finance and Public Administration
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1823/2011 Royal Decree of 21 December, by which government departments are restructured, and Royal Decree 1887/2011 of 30 December, the basic organizational structure of ministries established, endowed the central government of a new structure in order to adapt to the principles of austerity, efficiency and effectiveness in its operation. Meanwhile, 400/2012 Royal Decree of 17 February, the basic organizational structure of the Ministry of Interior develops, it clarified the requirements arising from these principles in the organization of the department.
The perspective offered by since the adoption of the Royal Decree 400/2012, 17 February time, advised promptly amend this provision in order to deepen the implementation of the above principles. It is also necessary to entrust a body shop features the Law 19/2013 of 9 December, transparency, public access to information and good governance, attributed to the so-called information units as specialized units of the General Administration the essential state for integrating the management of inquiries from citizens in the functioning of the ministry and its affiliated public agencies as well as to fulfill the obligation of active advertising that involves all organs, agencies and entities state sector.
First we proceed to integrate into a single organ Intelligence Center Organized Crime (CICO) and the National Counterterrorism Center Coordination (CNCA).
The link between terrorism and organized crime is an objective fact. Both the CNCA as CICO whose mission is to receive, integrate and analyze strategic information available in their respective fields for planning responses to the threats that terrorism and organized crime pose to Spanish society. To improve the exchange of information between specialized agencies responsible for analyzing terrorist threats and related organized crime and violent extremism, it is necessary to create a new organ organic overall sub level, reporting directly to the Secretary of State for Security which performs the functions of ICOS and CNCA.
This body called the Intelligence Center on Terrorism and Organized Crime (CITCO), promote and coordinate the integration and evaluation of such information and operational analysis have the Forces of State Security on terrorism, organized crime and violent radicalism for the development of strategic criminal intelligence, establishing performance criteria and operational coordination between competing agencies, and designing comprehensive strategies to combat these phenomena.
Second coordination exercise of the powers of the Government Delegations and Sub relating to public safety, management responsibilities of the Department in relation to the protection and guarantee of the exercise of the fundamental rights of assembly and demonstration, as well the direction and coordination of relations department with the European Committee for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment and must be incardinated by reason of matter, in the Secretariat of State for Security.
Third 400/2012 Royal Decree of 17 February, predicted the ascription of the Permanent Interministerial Commission on Weapons and Explosives (CIPAE) to the Directorate General of the Civil Guard, notwithstanding that temporarily, until it is modified the PRE / 631/2002 of 15 March, the composition and functions of it is regulated, continue attached to the Technical Secretariat. Although the effectiveness of this provision requires modification of that decree, it seems appropriate and technically more correct to consider the assignment of this interministerial body to the General Directorate of the Civil Guard, holding temporarily in the Technical Secretariat office, the secretariat and function of preparing meetings with the corresponding CIPAE transitional provision, until deemed appropriate to amend that ministerial order.
Fourthly the powers of the General Secretariat of Penitentiary Institutions suit, and the bodies of her dependents, as amended by Royal Decree 840/2011 of 17 June, by the circumstances of execution are set sentences work to benefit the community and in prison permanent location of certain security measures, as well as the suspension of the execution of custodial sentences and replacement sentences.
This standard has been a major change in the regulation of these measures, which affects the competence of the General Secretariat said, because, on the one hand, limit the jurisdiction of the Department of Corrections regarding the permanent location for the management of compliance in prison and on the other, it also limits the competence of the regarding compliance with security measures to custodial detention in psychiatric facility or unit.
Fifth Law 19/2013 of 9 December, has arranged that the entities included in the scope of regularly published and updated information whose disclosure is relevant to ensure the transparency of its activities related to the operation and control of public policy, public administration and establish systems to integrate the management of requests for information from citizens in the functioning of its internal organization. To this end it is anticipated that, in the field of General Administration, there are specialized units that have the features that the aforementioned law relates. The functions assigned by law to the information units, and as may be established by its implementing provisions, within the Ministry of Interior and its affiliated public agencies to the Technical Secretariat is entrusted, without prejudice to may correspond to other organs of the department and its agencies in compliance with the obligations set out in that statute subjects included in its scope.
Sixthly the name of the General Branch Associations, Documentation and Publications, now called General Branch Associations, Archives and Documentation, to better reflect its functions, while amending the powers of the governing body are required in relation to the publication and distribution of publications, organization and management of libraries and documentation centers, and the direction and coordination of the Archive System Interior Ministry.
Seventh redistribution of some of the powers of the Central Traffic among his generals Branches to achieve greater efficiency in the management of the autonomous body is done. Thus, the General Department of Mobility Management attributed the functions relating to responsibility for vehicles in order to facilitate the coordination of activities relating to infrastructure with those referring to the vehicle as substantive elements of mobility and sustainability.
Moreover, modifications are also introduced in the structure that allow the integration of the components of the educational, training and control strategies, as basic tools of road policy. Until now dependent on the General Division of Mobility Management, the structural components of training, mainly aimed at obtaining and reobtención of driving licenses, become dependent on the General Policy Branch Road, which also takes education, historically focused on child and youth education but currently redirected to the education of the general public and professional groups.
Also considered desirable to integrate information systems in a real surveillance system, to facilitate transportation policy contrasted with the reality of the data and the possibility of being evaluated for their effectiveness and efficiency.
Finally, a redistribution of functions performed between General Branches of the Directorate General of Civil Defence and Emergency aimed at redefining related prevention and emergency care. The General Department of Planning, Operations and Emergency renamed Office of Crime Prevention and Planning, exercising the functions of these processes themselves, while those related to the immediate response to emergencies will be conducted by the unit as determined in the ratio of jobs.
By virtue of the initiative of the Minister of Interior, proposed by the Minister of Finance and Public Administration and after deliberation by the Council of Ministers at its meeting on October 10, 2014,
Single article. 400/2012 Amendment of Royal Decree of 17 February, the basic organizational structure of the Ministry of Interior is developed.
400/2012 Royal Decree of 17 February, the basic organizational structure of the Ministry of Interior is developed, is amended as follows.
. Each paragraphs are added j), k) and l) of paragraph 1 of Article 2, which reads as follows:
"J) The management and coordination of relations department with the European Committee for the Prevention of Torture and other Cruel, inhuman or degrading treatment.
k) The management skills of the Department in relation to the protection and guarantee of the exercise of the fundamental rights of assembly and demonstration.
l) The coordination of the exercise of the powers of the Government Delegations and Sub relating to public safety. "
Dos. Paragraph c) of paragraph 3 of Article 2 is amended as follows:
"C) The Intelligence Center on Terrorism and Organized Crime (CITCO organic rank of general subdivision, which accounts for the reception, integration and analysis of strategic information available in the fight against all forms of organized crime, terrorism and radicalism violent, the design of specific strategies against these threats, as well as, where appropriate, the establishment of performance criteria and operational coordination of the acting bodies in cases of coincidence or concurrence in research, and in particular:
1.º receive, integrate and analyze operational information and analysis related to organized or particularly serious crime, terrorism and violent radicalism that are relevant or necessary for the development of strategic criminal intelligence and foresight relating to these phenomena, both in its national and international scope, integrating and channeling Forces and State Security all operational information received or captured.
2nd Issue, determine and establish, in cases of joint or concurrent intervention, the criteria of coordination and performance of the operating units of the Security Forces of the State, and between them and other involved bodies, depending their own skills or support for the intervention.
Develop 3rd annual reports on the situation of organized crime, terrorism and violent radicalism in Spain, as well as a periodic assessment of the threat in these fields.
4th Develop and disseminate statistical information relating to these matters.
Suggest 5th national strategies against organized crime, terrorism and violent radicalism and permanently updating, coordinating and verifying its development and implementation.
6th Develop specific skills that different arrangements and agreements, both domestic and international, entrusted to the Ministry of the Interior in the fight against terrorism and organized crime. "
Three. Paragraph d) of paragraph 3 of Article 4 reads as follows:
"D) To perform the functions assigned to it by legislation on weapons and explosives, as well as the presidency, secretariat and preparation of documentation of the Permanent Interministerial Commission on Weapons and Explosives (CIPAE)."
Four. Paragraphs f) and g) are added to paragraph 4 of Article 5, which reads as follows:
"F) The execution of the sentence of permanent location that has met in prison.
g) The execution of the custodial measure internment facility or prison psychiatric unit 'safety.
Five. Paragraph 5 of Article 5 reads as follows:
"5. Corresponds to the General Department of Alternative Sentencing and development measures as provided in paragraph d) of paragraph 1, and in particular the management, coordination and monitoring of sentence working for the benefit of the community, of the suspension of the execution of custodial sentences and probation, to prepare reports on these competences required by the appropriate judicial authorities. "
Six. Paragraph d) of paragraph 2 of Article 7 reads as follows:
"D) The management issues arising from the relationship with the Delegations and Sub Government on matters not specifically allocated to other organs of the Department."
Seven. Paragraphs c), k) and l) of paragraph 2 of Article 8 reads as follows, and paragraphs m) and n) are added, to read as follows:
"C) The coordination of relations department with the Ombudsman."
'K) The proposed publishing program of the Department, as well as editing and distribution of publications.
l) The organization and management of libraries and documentation centers of the Department.
m) The management and coordination of the Archive System Interior Ministry, constituted by the General File, Sections from him and other dependent files management.
n) The functions of the Law 19/2013 of 9 December, transparency, public access to information and good governance, and its implementing attributed to the information units, within the Ministry of the Interior. "
Eight. Paragraph c) of paragraph 3 of Article 8 reads as follows:
"C) The General Branch Associations, Archives and Documentation, which shall exercise the functions assigned to the Technical Secretariat in paragraphs i), j), k), l) and m) of paragraph 2»
Nine. Paragraph 1 of Article 9 reads as follows:
"1. The Directorate General of Internal Policy exercising the powers granted to the Ministry of Interior on elections and referendums and legal status of political parties; as well as instruction and processing procedures on asylum, shelter, and care regimen stateless displaced. "
Ten. Paragraphs j) k) l) m) n) of paragraph 2 of Article 9 shall become paragraphs i), j), k), l) and m), respectively, and paragraph h) reads as follows:
"H) Relations with the Ministry of Government Delegations and Sub on issues related to asylum and other forms of protection."
Eleven. Article 10 reads as follows:
"Article 10 Traffic Department.
1 The General Directorate of Traffic, through which the Ministry of the Interior has responsibility on Self Leadership Central Traffic Agency, responsible for the following functions:
a) The Agency's strategic planning.
b) The management of human resources of the Agency through the employment relationship, both personal and official work, their salaries, implementing training measures, social action and prevention of occupational risks.
c) The budget and economic management of the Agency through the preparation, execution and control of their budgets, optimization and rationalization of expenditure and the management, conservation and safekeeping of the Agency.
d) The development, proposal and monitoring of road state-level policies aimed at safe and sustainable mobility through the development of plans and road safety programs, promoting the adoption of policies based on evidence, notwithstanding the responsibilities of the Ministry of Development.
e) The establishment of criteria for specific intervention in the field of road policy and dissemination of good practices, including the government environment.
f) Promotion of research in road safety, influencing factors and impact of specific measures, including coordination with institutions of scientific and technical and other authorities.
g) The development and management of the National Register of Victims of Traffic Accidents, development of indicators and the dissemination thereof.
h) Management of driver education, driver training, the organization of proficiency testing, including training of examiners; regulation, registration and control of private driving schools and centers enabled the assessment of mental and physical fitness of drivers; processing instructions for the issue, renewal and exchange of driving licenses.
i) Determining medical fitness requirements for obtaining and renewing administrative authorizations to drive in collaboration with the health authority and according to scientific and technical progress and the criteria for interference in the conduct of drug , narcotics, psychotropic substances and stimulants.
j) The establishment of the basic guidelines for scheduling road safety education, training and information dissemination in the user and road safety.
k) Communication and dissemination related to traffic safety and road traffic.
l) The right to determine the basic technical rules on traffic and road safety and the preparation of studies, proposals and proposed draft provisions for traffic and road safety.
m) Development of instructions on vehicles and administrative procedures relating to the Motor Vehicle Registry.
n) the regulation, management and control of traffic on interurban roads and crossings, as well as the planning, direction and coordination of facilities and technologies for monitoring, control, surveillance and discipline of traffic and improve road safety on the roads where the Traffic Department exercises the same powers, without prejudice to the competence of the Ministry of Development.
o) information to users of the interurban roads on the impact of movement and the development of instructions for intelligent transportation systems, the movement of special transports, vehicles carrying dangerous goods and sports road tests, without prejudice to the responsibilities of the Ministry of Development.
o) The establishment of guidelines for the formation and action of the Police officers on traffic and vehicle traffic, without prejudice to the powers of Local Authorities with whose bodies the necessary cooperation will be implemented.
p) The decision on the installation of video cameras and similar devices for monitoring, control, surveillance and traffic discipline in the field of General Administration.
q) The creation, development, maintenance, operation and custody of the records and databases necessary for the implementation of the powers of the Independent Body, the role of support in information technology units of the Agency as well as the momentum , coordination and implementation of eGovernment services.
r) The coordination, participation and representation in national and international bodies concerned with road safety and mobility management.
s) The design and implementation of new working methods, as well as the inspection work of the Agency, without prejudice to the functions assigned to other bodies of the General State Administration
t) The processes of consultation and participation through the Higher Council for Traffic, Road Safety and Sustainable Mobility and collaboration with social partners and other authorities.
u) The handling of disciplinary proceedings in terms of traffic, processing and formulation of declarations of nullity and resolution prior to litigation claims.
2 The Traffic Department is comprised of the following organs, with the rank of general subdivision:
a) The General Secretariat, which corresponds collaboration with the Director General for coordination between central and peripheral Agency and the realization of the actions and steps necessary for the exercise of the functions of the Governing Body in paragraphs b) ys) of paragraph 1 and in paragraph c) under the direct supervision of the head of the Directorate General. His owner replaced the Director General in cases of vacancy, absence or illness.
b) The General Division of Mobility Management, which corresponds to the completion of the actions and steps necessary for the exercise of the functions of the Governing Body in paragraphs m), n), o), o) p) paragraph 1.
c) The General Policy Branch Road, which corresponds to the completion of the actions and steps necessary for the exercise of the functions of the Governing Body in paragraphs h), i), j), l), r), t ) yu) of paragraph 1.
d) The General Monitoring and Analysis Branch Statistics, which corresponds to the completion of the actions and steps necessary for the exercise of the functions of the Governing Body in paragraphs d), e), f), g) q) paragraph 1 "
Twelve. Article 11 reads as follows:
"Article 11: Department of Civil Protection and Emergency.
1 The Directorate General of Civil Defence and Emergency exercise the powers of the Ministry of Interior in this matter by Law 2/1985, of 21 January, Civil Protection and its implementing regulations.
2 In particular, correspond to the General Directorate of Civil Defense and Emergencies of the following functions:
a) The preparation of state plans for civil protection or whose jurisdiction has attached by the current legislation.
b) The preparation and management of practice exercises and drills for the implementation and maintenance of such plans.
c) Conducting studies on risk analysis and preventive pilot base plans that allow emergency and disaster prevention projects.
d) The development of education and information programs for the public as well as the promotion of civic and corporate self-protection, and promotion of social participation in the activities of civil protection and emergencies, as well as education programs for the prevention in schools.
e) The development of research and studies on sociological, legal, economic and other activities relevant to civil protection and emergency issues.
f) The preparation, implementation and monitoring of the budgets of civil protection.
g) The processing of grants and aids care needs arising from disasters or catastrophes and preparation of the relevant regulations.
h) The processing of grants and aids to facilitate the implementation of civil protection plans at the state level or the development of activities of interest for civil protection in the same field and the preparation of the relevant regulations.
i) The administration necessary for the procurement of works, studies and services and for the purchase of property.
j) The theoretical and practical training in risk management and emergencies, including training of staff and personnel of the different services and organizations involved in emergency activities, including services, firefighting and rescue, medical services Forces Armed and Security Forces.
k) The coordination of relations with Civil Protection Units and Sub-Delegations of the Government, and the bodies in charge of civil protection of the Autonomous Communities and Local Government, as well as the organization and maintenance of secretariat of the National Commission for Civil Protection, its Standing Committee and its technical committees and working groups.
l) Maintaining technical relationships with counterpart agencies in other countries, especially the European Union, the Mediterranean and Latin America, and participation in meetings of international organizations with competence in civil protection and emergencies, as well as commissions and working groups established within the European Union.
m) The organization and maintenance of a specialized documentary that maximum information dissemination.
n) The organization and maintenance of the Operations Coordination Center, Network Alert Radioactivity of the networks emergency communications and other infrastructure to facilitate the operational management in emergencies.
o) The preparation and dissemination of warnings to the public safety organizations and, where appropriate, to the public.
o) Request assistance from the Military Emergency Unit in accordance with the protocols established for the same.
3 To develop those functions, the Directorate General of Civil Defence and Emergency is divided into the following units, the organic rank of general subdivision:
a) The Office of Crime Prevention and Planning who will conduct the exercise of the functions assigned to the Directorate General of Civil Protection and Emergencies in paragraphs a), b), c), d) and e). In this sub integrates the European Centre for Social Research in Emergencies (CEISE).
b) The General Division of Resource Management and Grants, which will conduct the exercise of the functions assigned to the Directorate General of Civil Protection and Emergencies in paragraphs f), g), h) and i).
4 It depends also of the Directorate General of Civil Defence and Emergency Training Unit and Institutional Relations, with the organic standards that will determine the ratio of jobs to which it shall exercise the functions set out in paragraphs j), k), l) and m) of paragraph 2 thereof Unity National School of Civil Protection is integrated. "
Thirteen. The second transitional provision read as follows:
"Second transitional provision. Permanent Interministerial Commission on Weapons and Explosives.
Until you change the PRE / 631/2002 of 15 March, the Permanent Interministerial Commission on Weapons and Explosives continue attached to the Technical Secretariat, which will continue to assume the presidency, the secretariat and the preparation of documentation of their meetings. »
First additional provision. Removal of organs.
Are deleted following organs:
a) The Center of Intelligence against Organized Crime.
b) The National Antiterrorist Coordination Center.
c) The General Branch Road Intervention and Policy.
d) The General Branch Associations, Documentation and Publications.
e) The General Division of Planning, Operations and Emergencies.
f) Planning Policy Unit of the Directorate of the Autonomous Central Traffic Headquarters.
Second additional provision. No increase in public spending.
The measures included in this standard shall not result in increased allocation or compensation or other personnel costs.
Transitional provision only. Units and jobs with lower organizational level to general subdivision.
The drives and jobs with lower organizational level General-Directorate continue to exist and will be paid under the same budgetary appropriations pending relations jobs tailored to the organizational structure of this Royal Decree approved.
The units and jobs framed in organs removed by this Royal Decree is tentatively adscribirán, by resolution of the Secretary, pending the entry into force of the new relationship of jobs, bodies covered in this royal decree, according to theatribuciones que estos tienen asignadas.
Disposición final única. Entrada en vigor.
Este real decreto entrará en vigor el día siguiente al de su publicación en el «Boletín Oficial del Estado».
Dado en Madrid, el 10 de octubre de 2014.
El Ministro de Hacienda y Administraciones Públicas,
CRISTÓBAL MONTORO ROMERO
Rango: Real Decreto
Fecha de disposición: 10/10/2014
Fecha de publicación: 14/10/2014
Entrada en vigor el 15 de octubre de 2014.
MODIFICA los arts. 2, 4, 5, 7 a 11 y la disposición transitoria 2 del Real Decreto 400/2012, de 17 de febrero (Ref. BOE-A-2012-2396).
CITA Ley 19/2013, de 9 de diciembre (Ref. BOE-A-2013-12887).
Comisión Permanente de Armas y Explosivos
Delegaciones del Gobierno en las Comunidades Autónomas
Dirección General de Política Interior
Dirección General de Protección Civil y Emergencias
Dirección General de Tráfico
Ministry of Interior
Organización de la Administración del Estado
Subdelegaciones del Gobierno en las Comunidades Autónomas