Government adopts urgent measures for organisation of 25th United Nations Conference on Climate Change in Spain

Similarly, and upon a proposal from the Ministries of the Presidency, Parliamentary Relations and Equality, and for the Ecological Transition, the Council of Ministers approved a Royal Decree setting up the Organisation Committee for COP25, in order to plan, organise and implement the tasks necessary for its development and to ensure coordination between the competent administrative bodies.

Since the Secretariat of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) accepted the proposal made by the Chilean Government on Friday, 1 November, to hold the 2019 Climate Summit (COP25) in Madrid, the Government of Spain has been working to ensure the successful organisation of this international event, that will take place from 2 to 13 December.

Although the Chilean authorities have adopted certain preparatory measures and its organisation is already at an advanced stage, the change of location to hold the summit makes it necessary to implement a complex set of organisational measures by the Kingdom of Spain regarding aspects of the summit related to its location. The scale of an international summit of this nature, and its imminence, make it necessary for this organisation to take the necessary steps for this to unfold swiftly and effectively.

Firstly, to ensure the efficiency of the organisation and development of the Climate Summit, it is essential to foster the participation of the private sector as far as possible, which translates into tax incentives for patronage. Article 27 of Act 49/2002, of 23 December, on the tax regime for non-profit entities and tax incentives for patronage, regulates events of this type as so-called "Support programmes for events of exceptional public interest".

Through these programs, which must be established by means of legislation with the status of an Act of Parliament, it is possible to establish a set of specific tax incentives that are applicable to the patronage actions implemented to ensure the smooth development of those events identified by the law, on an individual basis, as of exceptional public interest.

Support for events of exceptional public interest

In order for this special regime of tax incentives for patronage to be applicable to this event, Article 1 of this Royal Decree-Law declares this Climate Summit to be an event of exceptional public interest. Similarly, it establishes the duration of the support programme (from 1 November 2019 to 31 March 2020); it forwards to the competent body the development and specification of the actions to be carried out; it establishes that the tax breaks under the programme will be the maximum established in Article 27.3 of the Law on the tax regime for non-profit entities and tax incentives for patronage, and forwards this law for its certification as to the suitability of the expenses in line with the aims and plans under the programme.

Secondly, the holding of the Climate Summit on the dates scheduled demands the performance of multiple actions by the different bodies of Central Government, some of which cannot be dealt with by Central Government resources and which consequently need to be performed by third parties through the conclusion of public contracts. The preparation of this event in the time available means implementing urgent measures in terms of public contracts.

Under these circumstances, the application of the fast-track procedure provided for in the Public Sector Contract Act is insufficient to guarantee that the contracts necessary can be concluded in the short timeframe available.

Hence, in order to enable the regulatory measures necessary to guarantee the necessary contracts can be concluded in due time and form to hold the 25th United Nations Conference on Climate Change, Article 2 of this Royal Decree-Law declares the holding of the Climate Summit as a circumstance that justifies the application of fast-track procedures as provided for in Article 120 of the Public Sector Contracts Act for contracts necessary for the preparation and holding of the COP25.

In this latter sense, it is interesting to highlight that this Royal Decree-Law does not create new contracting mechanisms, nor modify pre-existing mechanisms, but rather enables the use of procedural channels already provided for in the aforesaid Public Sector Contracts Act.

Thirdly, Article 3 of this Royal Decree-Law designates the State Secretariat for the environment as the competent body for contracting, approving and drawing down the expenses necessary, whether contractual or not, and for recognising the corresponding obligations, with the aim of guaranteeing that the corresponding formalities are made in an orderly and efficient manner under the authority of a single administrative body.

Personal and economic resources

Furthermore, so that Central Government can have the personal and economic resources that are necessary available immediately, the Ministries of the Treasury, and of Territorial Policy and Public Function, are enabled to adopt measures on matters of the personnel necessary for the implementation and development of all activities related to holding the COP25.

The scheduled action will be financed pursuant to the provisions of the General Budget Act 47/2003, of 26 November, and will be charged to existing budgetary funds available. To that end, the Ministry of the Treasury will approve the corresponding budgetary modifications.

Organisation Committee

Upon a proposal from the Ministries of the Presidency, Parliamentary Relations and Equality, and for the Ecological Transition, the Council of Ministers approved a Royal Decree setting up the Organisation Committee for COP25, in order to plan, organise and implement the tasks necessary for its development and to ensure coordination between the competent administrative bodies.

Under the Ministry for the Ecological Transition, the Presidency will correspond to the Acting Minister for Ecological Transition and the Vice-Presidency to the Director of the Cabinet Office of the Presidency of the Government. The Organisation Committee will be structured into a Plenary Council, an Executive Committee and a Technical Committee. The members of the Plenary Council will be representatives of the Presidency and the Vice-Presidency of the Government, as well as from the Ministries for Ecological Transition; of Foreign Affairs, European Union and Cooperation; of Territorial Public and Public Function; of the Treasury; of Home Affairs; of the Royal Household; of the High Commissioner for the 2030 Agenda; of the Regional Government of Madrid and of the City Council of Madrid.

The Plenary Council of the Organisation Committee is tasked with approving the programme of activities for the COP25; for ensuring the collaboration of ministerial departments and competent bodies and entities to achieve its goals; for coordinating and supporting the actions of the public authorities and other institutions and entities; for the correct development of the activities referred to in this Royal Decree and for any other action that may be necessary for the smooth running of the COP25.

For its part, the Executive Committee will be headed up by the Acting Minister for the Ecological Transition, and will include the following members: the State Secretary for the Environment; the State Secretary for Security; the Secretary-General of the Presidency of the Government; the Under-Secretary of the Ministry for Ecological Transition; the Under-Secretary of the Ministry of Foreign Affairs, European Union and Cooperation; the Under-Secretary of the Ministry of the Treasury; the Director of the Spanish Office for Climate Change; a member of the Support Unit; a representative of the Regional Government of Madrid and another from the City Council of Madrid.

The Technical Committee will be attached to the Executive Committee and will be made up of five members, appointed by the Chair of the Executive Committee, and may fall on members of the same Executive Committee. Two members will be appointed upon a proposal from the Ministry for Ecological Transition, one from the Ministry of the Treasury, one from the Regional Government of Madrid and another from the City Council of Madrid.

The Chair of the Technical Committee will be appointed from among its members by the Chair of the Executive Committee.

The Organisation Committee will be assisted by a Support Unit, attached to the Ministry for Ecological Transition, which will be in charge of all the activities necessary to ensure the smooth organisation and functioning of the COP25.

Non official translation