Legal Basis

  • Crisis or armed conflict time

    Procedures applied consistently in Spanish MoD, to develop/maintain technological/industrial capacity in SoS associated strategic areas.

    Electric sector law 54/1997, to regulate the procedure to guarantee electric supply in emergency times.

  • Urgent reasons (i.e. operational reasons)

    NATO Procedures, Users Clubs, Bi- or Multilateral Agreements.

  • 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 Double Use Materials.

  • Codes/Regulations involving Defence Industry

    LoI SoS Package.

  • Other?

Objectives of the national SoS policy


Maintain industrial capacity in strategic areas in order to guarantee continuous support for defence equipment. Most important, is to prioritize defence supplies in times of conflict, crisis and emergency.

National bodies involved and areas of responsibilities


Ministry of Defence and the NAD through armament policies and industrial collaborative agreements.
Ministry of Industry in the area of industry owned stocks and production lines in times of crisis, emergency etc.

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


Transposition of Defence Procurement Directive 2009/81/CE into National Law, makes it possible to asses and require SoS guaranties in procurement procedures.

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 through industrial collaborative agreements.

National policy on sharing information on stocks/inventories


Stockpiling is national. ES has had pools of spare parts with other countries in the past. ES share with NATO nations our stocks as stipulated in the “common user item system”. ES has considered stock pooling for EF2000, Tiger, A 400M. Accomplished only for some particular cases of equipment.

Existing Bi/Multi-lateral SoS agreements


ES has bilateral and NATO specific agreements on concrete areas.

The LoI, SoS Implementation Agreement and SoS Code of Conduct, pending final approval.

SoS Experts contact info


Diego Criado 
DGAM- Subdirección General de Relaciones Internacionales
Organismos Europeos ORGEUR
Telephone: +34 913 955 261 
Fax: +34 913 955 161
E-Mail: dcriado@ea.mde.es  

SoS PoCs/National representatives contact info


José Romero 
DGAM- Subdirección General de Relaciones Internacionales 
Cooperación Multilateral 
Telephone: +34 913 955 209
Fax: +34 913 955 161
E-Mail: orgeur@ea.mde.es


Link to related national websites


www.mde.es/politica/armamento-material/politica-armamento-material/

Library

Page Last Updated: 2/12/2013
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