Spain
Legal basis
- Crisis or armed conflict time
Law 36/2015 of 28 September on National Security establishes crisis management within the framework of the National Security System (Title III), and the contribution of resources to National Security (Title IV).
- Urgent reasons (i.e. operational reasons)
In Spain, the legislation of Directive 2009/81/EC is integrated through Law 24/2011, of 1 August, on Public Sector Contracts in the fields of Defence and Security.
Law 9/2017, of 8 November, on Public Sector Contracts, which transposes into Spanish law the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU of 26 February 2014 (LCSP) includes a mechanism aimed at taking immediate action in the event of “catastrophic events, situations involving grave danger or needs affecting national defence”.
- 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 states that there is no need of previous authorization for investments, except for those activities directly concerning national defence.
Law 19/2003, of July 4, on the legal regime governing the movement of capital and economic transactions abroad and on certain measures to prevent money laundering. Its Article 7 includes national defence as a reason for suspending the liberalisation regime for foreign direct investment in Spain.
- Export licenses
Law 53/2007 On Export Trade Controls on Defence and Dual Use Materials and Royal Decree 494/2020, of 28 April, approving the Regulation on the control of foreign trade in defence material, other material and dual-use products and technologies.
- Codes/Regulations involving Defence Industry
Instruction 23/2020, of June 4, of the Secretary of State for Defence, approved the Code of Ethics and Conduct for personnel related to Ministry of Defence procurement.
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 Industry, Commerce and Tourism, 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.)
Security of supply is addressed in procurement processes on the basis of the regulations outlined above. ES follows the recommendations established in the Security of Supply Guidance Note to the Directive 2009/81/EC.
Contractual terms on SoS
Contracts fulfilment is secured through guarantees as stated in Law 24/2011 on Public Sector Contracts in the fields of Defence and Security; Article 22 “Security of Supply” establishes that “the contracting authority shall specify its security of supply requirements in the contract documents”. Specific SoS issues are covered on a case by case basis.
National policy on sharing information on stocks/inventories
ES shares with NATO nations its stocks as stipulated in the “common user item system”.
Existing Bi/Multi-lateral SoS agreements
At a multilateral level, ES has subscribed several agreements:
- The LoI SoS Implementing Arrangement (IA)
- EDA Framework Arrangement for Security of Supply and its subsequent Code of Conduct on Prioritization
- Member States’ Political Commitment on Security of Supply: Declaration by the Representatives of the Governments of EDA participating Member States
At the bilateral level, ES has a SoS arrangement between the US DoD and the Spanish MoD, including a Code of Conduct on SoS to meet urgent requirements.
SoS Experts contact info
Rocio Mora
NAD Directorate
Email: soporte.industria@oc.mde.es
Telephone: +34915506178
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/
https://comercio.gob.es/ImportacionExportacion/Regimenes/Paginas/Guia-del-operador.aspx
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Page Last Updated: 26 July 2022
