NOTE: FROM TIME TO TIME, THIS WEBSITE PUBLISHES ARTICLES DESCRIBING JOINT PROJECTS CARRIED OUT PURSUANT TO THE COOPERATION AGREEMENT ENTERED INTO ON 15 JANUARY 2025 BETWEEN THE SPANISH MINISTRY OF DEFENCE AND THE CONSTANTINIAN ORDER OF SAINT GEORGE FOUNDATION. THE PRESIDENT OF THIS FOUNDATION IS OUR GRAND MASTER, HRH PRINCE PEDRO OF BOURBON-TWO SICILIES, DUKE OF CALABRIA.
AN EXAMPLE OF SUCH A PROJECT IS THE JULY 2025 DELIVERY IN MOZAMBIQUE OF A TRACTOR AND FARMING EQUIPMENT BY HRH THE GRAND MASTER. SEE:
BELOW IS THE ENGLISH-LANGUAGE TEXT OF THE AGREEMENT BETWEEN THE SPANISH MINISTRY OF DEFENCE AND THE CONSTANTINIAN ORDER OF SAINT GEORGE FOUNDATION. IT WAS PUBLISHED IN THE OFFICIAL PUBLICATION OF RECORD OF THE KINGDOM OF SPAIN, THE BOLETIN OFFICIAL DEL ESTADO (OFFICIAL STATE BULLETIN) ON 16 JANUARY 2025 (Number 14, section III , pages 6581-6586).
Resolution 420/38004/2025, of January 9, of the Technical General Secretariat, publishing the Agreement with the Constantinian Order of Saint George Foundation for the development of joint activities in the area of operations.
Published in: BOE No. 14, January 16, 2025, pages 6581 to 6586 (6 pages)
Section: III. Other provisions
Department: Ministry of Defense
Reference: BOE-A-2025-691
ORIGINAL TEXT
The agreement between the (Spanish) Ministry of Defense and the Constantinian Order of Saint George Foundation for the development of joint activities in the area of operations was signed on December 26, 2024, in compliance with the provisions of Article 48.8 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector. The agreement, which appears as an annex to this resolution, is hereby published in the “Official State Gazette.”
At Madrid, January 9, 2025. – The Technical Secretary General, P. A. (Law 40/2015, of October 1, and Royal Decree 205/2024, of February 27), and the Technical Deputy Secretary General, Javier Granados Peñacoba.
ANNEX
Agreement between the Ministry of Defense and the Constantinian Order of Saint George Foundation for the development of joint activities in the area of operations
At Madrid, December 26, 2024.
MEETING
Of the first part, Admiral General Teodoro Esteban López Calderón, Chief of the Defense Staff, appointed by Royal Decree 48/2021 of January 26, on behalf of and representing the Ministry of Defense, exercising the powers delegated by the head of the Ministry of Defense as established in section one.a) of Order DEF/3015/2004, of September 17, on the delegation of powers to authorities of the Ministry of Defense regarding collaboration agreements.
And of the second part, His Royal Highness Don Pedro de Borbón Dos Sicilias, Duke of Calabria, President of the Constantinian Order of Saint George Foundation, a private law legal entity established on November 30, 2021, and registered in the Registry of Foundations of state jurisdiction, under number 2490. He holds said legal capacity according to the deed of incorporation of the Constantinian Order of Saint George Foundation, issued in Madrid on that date by Notary Ms. Rocío Rodríguez Martín, with number 4405 of her protocol.
Both parties, in the representation they hold, recognize each other’s mutual capacity to bind themselves and agree, and
THEY STATE
First.
That Organic Law 5/2005, of November 17, on National Defense, establishes that the Ministry of Defense will promote the development of a defense culture so that Spanish society knows, values, and identifies with its history and
with the effective and supportive efforts through which the Armed Forces safeguard national interests.
Second.
That the Constantinian Order of Saint George Foundation is dedicated to promoting social assistance, humanitarian, cultural, and heritage actions, and that, as these are also identified with the values espoused by a defense culture, the Foundation considers it of special interest to deepen collaboration with the Armed Forces in carrying out Civil-Military cooperation activities in various areas of operation.
Third.
That the implementation of assistance, humanitarian, and cultural activities, the latter embodied in advisory services on matters related to agricultural engineering and technology in operational areas, fosters cooperation between the civilian population, organizations, and the various contingents of the Spanish Armed Forces within the framework of the three pillars that underpin Civil-Military Cooperation (liaison, support for the civilian community, and support from the civilian community to the Armed Forces), which contributes to the improved fulfillment of the mission of those forces on operations, while also contributing to the improvement of Spain’s image abroad.
Based on the foregoing, the parties agree to sign this agreement, which will be governed by the following clauses:
First. Purpose.
The purpose of this agreement between the Ministry of Defense (MINISDEF), through the Defense Staff Operations Command (MOPS), and the Constantinian Order of Saint George Foundation is to develop advisory activities related to agricultural engineering and technology, as well as to contribute through donations and funding to quick-impact projects (QIPs) that assist in supporting the civilian population in those areas of operations where the Armed Forces operate.
The terms under which these activities are to be carried out will be determined at the meetings referred to in clause six, which will be attended by representatives of both parties.
Second. Contributions from the Operations Command of the Defense Staff.
The MOPS’s contributions in national territory will be as follows:
a) It will select, from among the operational zones where the Spanish Armed Forces operate, the one or more that are suitable for carrying out the activities outlined in this agreement.
b) Once the activity and/or program presented by the Constantinian Order of Saint George Foundation has been approved by the Commander of the Operations Command (CMOPS),
Section J9 of the MOPS General Staff will coordinate with the latter and with the Contingent Commander of the selected zone the most convenient dates for its implementation, the duration of the activity, transportation possibilities, personnel and material to be transported, security requirements, necessary support for its implementation, and any other point worthy of consideration.
c) The MOPS will inform the foundation about the documentation that must be completed to obtain the necessary accreditations and permits for the transfer of personnel and materials, if applicable, to the area of operations.
The MOPS’s contributions in the area of operations will be as follows:
a) Details regarding the transfers,
accommodation, food, and medical care and treatment of the other party’s personnel will be agreed upon in coordination meetings, taking into account the security situation and the characteristics of the facilities and centers in the area of operations.
b) Transfers and security measures necessary for the execution of projects or activities will be coordinated with those responsible for transportation and security of the deployed contingents.
c) In the event of illness, serious injury, or death, the MOPS will be informed as soon as possible, and will then inform the Defense Staff and the Foundation.
Third. Contributions from the Constantinian Order of Saint George Foundation.
The contributions of the Constantinian Order of Saint George Foundation will be as follows:
a) Based on the information received from Section J9 of the MOPS General Staff regarding the proposal to carry out certain donations and quick-impact projects in a specific area of operations, it will study their feasibility and, if implemented, will adhere to the indications and guidelines established in the standard operating procedures (SOPs) promulgated by that Command in this regard.
b) Likewise, and with identical requirements, it will carry out specific agricultural assistance and advisory activities in the designated area of operations for civilian personnel groups that require them.
c) To these ends, it will promote the necessary actions for the preparation of the personnel and material necessary for the development of the
aforementioned activities and their transfer to the area of operations once authorized.
d) The Ministry will select the necessary personnel to carry out agricultural assistance and advisory services, deliver donations, or inaugurate rapid-impact projects in the area of operations.
e) The Ministry will execute the necessary actions for the development of the activity in a timely manner.
f) Regarding the transfer of personnel and materials to the area of operations, the Ministry of Public Security may request the MOPS to use strategic military transport vehicles. This proposal will be analyzed and approved on a case-by-case basis, always making use of remaining capacities.
The same procedure will be followed regarding the accommodation, food, assistance, and medical treatment of personnel during their stay in the area of operations. The conditions in this regard will be established in subsequent coordination meetings, taking into account the security situation and the characteristics of the facilities and centers in the area of operations.
g) Ensure that all selected personnel are covered by insurance, both accident and liability.
Fourth. Funding.
1. The actions provided for in this agreement will not give rise to any financial compensation between the signatory parties and will not entail an increase in public expenditures. They may not entail an increase in allocations, salaries, or other personnel expenses.
2. However, the foundation is aware that it has adequate coverage and funding, charged to its budget, for all matters related to travel, accommodation, food, possible medical care and treatment expenses, and the corresponding accident and civil liability insurance.
Through the aforementioned insurance policies, the MINISDEF is exempt from any liability for this reason. The foundation will send a copy of the previously subscribed insurance policies to the MOPS and will assume the obligation to pay their premiums during the duration of the assigned action.
Fifth. Monitoring, oversight, and control measures.
At least one annual coordination meeting will be held as a mechanism for monitoring, oversight, and control of the implementation of the agreement and the commitments made by the parties. Two representatives of the MOPS and two representatives of the Foundation, designated for this purpose by each entity, will attend this meeting.
These meetings will determine the number of people who will participate in the agricultural assistance and advisory activities, and the study and proposal of the donations and QIPs to be made, for approval by the CMOPS, as well as the scope of solutions for any potential disputes that may arise in the interpretation, compliance, and application of this agreement.
As a result of these meetings, both parties may propose modifications to the clauses of this agreement, as well as the deletion or addition of any other clauses they deem appropriate, which will be articulated through the corresponding addendum.
Sixth. Protection, access to information and ownership of results.
1. Current regulations on classified matters, information security, and military security shall be respected.
The parties undertake to limit access to information that may be generated
in the activities covered by this agreement for reasons of national security and defense.
2. In particular, each party shall strictly protect and shall not disclose to third parties, in whole or in part, any classified information and documentation received from the other party and identified as such in relation to the purpose and execution of this agreement, nor shall they use or reproduce it, in whole or in part, without prior written authorization from the other party, using such information exclusively for the purposes of this agreement.
3. Neither party may use the ownership of the results obtained for subsequent dissemination and the subsequent determination of their intellectual property ownership, without prior written authorization from both parties, without prejudice to the fact that they may refer to and mention them in their corporate and social responsibility notices, all in accordance with Article 49.c) of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
4. Representatives of the MINISDEF at the coordination meetings will ensure compliance with the provisions of Instruction 1/2022, of January 12, of the Undersecretariat of Defense, which regulates publishing activities within the MINISDEF. For the use, where applicable, of institutional image elements in publications derived from the provisions of the agreement, these representatives will first request the approval of the Subdirectorate General of Publications and Cultural Heritage.
5. The confidentiality and ownership obligations established in this clause will remain valid during the term of this agreement and any extensions thereof, and after its termination.
Seventh. Protection of personal data.
The parties undertake to comply, under the applicable terms, with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), and Organic Law 3/2018 of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, as well as any implementing provisions that may be issued.
The MINISDEF and the Constantinian Order of Saint George Foundation are responsible for the processing of personal data. Both parties assume the obligation to inform data subjects about the characteristics of the processing of personal data, the obligations arising from the implementation of technical and organizational measures by each joint controller and the mechanism established in the event of security breaches; as well as the establishment of appropriate response mechanisms for the exercise of rights by data subjects. Personal data will not be transferred or communicated to third parties, except when transferred to the data processor under the conditions and circumstances provided for in Article 28 of the GDPR, or when the transfer is required by law.
The personal data processed under this agreement will be incorporated into the Processing Records of each of the parties for the purpose of managing the relationship described in the agreement. The parties will refrain from any processing of personal data that is not strictly necessary for the fulfillment of the purposes of the agreement. The owners of the personal data may exercise their rights to access, rectify, erase, and transfer their personal data, as well as to restrict or object to processing, before the controller or, where applicable, the processor.
Each of the parties shall be liable for any damages incurred if personal data is used or processed for a purpose other than that provided for in the agreement, in violation of the provisions of the agreement and/or personal data protection regulations.
All of this is done in order to guarantee effective compensation for the interested parties, without prejudice to the provisions of Article 82.5 of the European GDPR.
The documentation for each specific activity carried out under the agreement will include the clause corresponding to the processing of personal data by the participating Parties, specifying the legally required points. The content of this clause shall be deemed to be in effect for the duration of this agreement and any extensions.
Eighth. Applicable Law.
1. This agreement is administrative in nature and is governed by the provisions of the preliminary title, Chapter VI, of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
2. Any disputes that may arise between the parties as a result of the execution of the agreement or due to non-compliance with the obligations and commitments assumed must be resolved, by mutual agreement, within the coordination meetings. If such an agreement cannot be reached, they will be heard and handled by the administrative courts.
Ninth. Validity.
1. This agreement, in accordance with Article 48.8 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, is concluded by the consent of the parties and will become effective once registered, within five business days of its formalization, in the State Electronic Registry of Bodies and Instruments of Cooperation of the State Public Sector (REOICO). It will also be published within ten business days of its formalization in the Official State Gazette. Its validity, from the date it becomes effective, will be four years, and may be extended for a further four years by express agreement of the parties, through an extension addendum to the agreement, substantiated at least ten months prior to the end of the term.
2. Likewise, the agreement may be revised at any time at the request of either party and, where appropriate, modified by express agreement of both parties through a modification addendum.
Tenth. Causes for Termination.
1. The causes for termination of this agreement are those established in Article 51 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
2. Likewise, the agreement may be terminated by express revocation by either party, at any time, three months in advance of the date on which the aforementioned termination is intended to take effect.
3. In the event of early termination of the agreement, the ongoing actions will continue until completion on the date scheduled at the time of their scheduling. Therefore, a non-extendable period will be established, which will be set by the parties when the agreement is terminated.
4. The collaboration under this agreement will always be subject to the needs of National Defense and, in particular, those of the Ministry of Defense and the missions entrusted to it, of any kind. Therefore, should such a need arise, the agreement will be suspended as long as said need persists or, where appropriate, terminated without prior notice or revocation and without the right to any claim from the other party or third parties, or to the granting of indemnity or compensation.
5. Compliance with and termination of the agreement will result in its liquidation.
Eleventh. Consequences in the event of non-compliance with obligations and commitments.
In the event of termination due to non-compliance with the obligations and commitments assumed by any of the signatory parties, in accordance with Articles 49.e) and 51 of Law 40/2015, of October 1, any of them may notify the non-complying party of a request requiring them to comply within 30 calendar days with the obligations or commitments deemed unfulfilled.
This request will be communicated at the coordination meeting. If, after the period indicated in the request, noncompliance persists, the party that issued it will notify the other party of the existence of the cause for termination, and the agreement will be deemed terminated.
Termination of the agreement for this reason will not entail compensation for the damages caused, as there are no financial obligations or commitments assumed between the parties.
And as proof of compliance with the foregoing, this agreement is signed in two equally valid original copies at the place and date indicated above.
– For the Ministry of Defense, the Chief of the Defense Staff, Teodoro Esteban López Calderón.
– For the Constantinian Order of Saint George Foundation, the President, Pedro de Borbón Dos Sicilias y Orleáns.
