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Spain

Legal basis

  • Crisis or armed conflict time

As regards security of supply, there are no specific laws or regulations to apply in crisis or armed conflict time.

  • Urgent reasons (i.e. operational reasons)

There are no specific laws or regulations either to apply in case of urgent reasons.

  • Mergers-Acquisitions

Law 3/2009, April 3rd, on structural modifications of mercantile companies. Defence contracts awarded to companies that are acquired by another company or that undergo a merge are the responsibility of the acquiring company or of the one resulting from the merge.

  • Foreign investments

Royal decree 664/99 on foreign investments. No need of previous authorization for investments, except for those activities directly concerning national defence.

  • Export licenses

Law 53/2007 On Export Trade Controls on Defence and ​Dual Use Materials.

  • Codes/Regulations involving Defence Industry

Some Bi- and multilateral agreements, as is the case of LoI, envisage the subscription by Industry of a Code of Conduct on SoS.

  • Other?

Objectives of the national SoS policy

To guarantee the supply of goods and services to discharge the national defence and security commitments in accordance with the national foreign and security policy requirements.

National bodies involved and areas of responsibilities

Ministry of Defence, National Armaments Directorate, regarding defence procurement and defence industry.

Ministry of Economy and Competitiveness, State Secretariat for Commerce, as far as foreign investments in activities directly concerning national defence is concerned.

The role of SoS in Procurement procedures (requirements, evaluation etc.)

Recommendations established in the Security of Supply Guidance Note to the Directive 2009/81/EC are followed.

Contractual terms on SoS

Contracts fulfillment is secured through guarantees as stated in Law 30/2007 on contracts of the public sector. Specific SoS issues are covered on a case by case basis.

National policy on sharing information on stocks/inventories

ES share with NATO nations our stocks as stipulated in the “common user item system”.

Existing Bi/Multi-lateral SoS agreements

ES has bilateral SoS agreements on specific areas with a quite number of EU and NATO Member States.

At multilateral level, the LoI SoS Implementing Arrangement (IA) provides further practical detail on how the key LoI Treaty terms would be implemented. The LoI IA on SoS will be supported by a code of practice on defence industry restructuring, yet to be put into place, which will establish the procedures for industry to inform governments in advance of any significant restructuring process located in their territories that implies the abandonment, transfer or relocation of part or whole of the key strategic activities.

SoS Experts contact info

Carlos Avanzini González-Llanos
NAD Directorate
Email: cavagon@fn.mde.es
Telephone: +34912132771

SoS PoCs/National representatives contact info

NAD Directorate
Email: soporte.industria@oc.mde.es
Telephone: +34915506106

Link to related national websites

http://www.defensa.gob.es/defensa/politicadefensa/directivadefensa/
http://www.defensa.gob.es/ministerio/organigrama/sedef/dgam/
http://www.defensa.gob.es/portalservicios/servicios/industriadefensa/
http://www.comercio.gob.es/en/comercio-exterior/informacion-sectorial/material-de-defensa-y-de-doble-uso/guia-operador/pages/indice.aspx

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Page Last Updated: 20 November 2018

 

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