Legal reference framework

State scope

The Spanish Law on International Development for Cooperation 23/1998, of 7th July, which recognizes explicitly the cooperation for development carried out by Autonomous Regions and Local Authorities, provides in its article 23, in the section corresponding to the Interregional Committee, that, "its composition and functioning will be regulated by law, by guaranteeing the presence and the intervention of autonomous regions, local authorities or those bodies of supramunicipal coordination which these expressly delegate."

In the regulations which develop the composition and functions of the Interregional Committee (Royal Decree 22/2000 of 14th January), the role of the Funds for Cooperation is explicitly recognized by saying, in article 4, that "from the local organizations that manage funds, regarded in their respective budgets as official aid for development, or from supramunicipal bodies which they expressly delegate, particularly the Funds for Cooperation and Solidarity, 19 representatives will be elected by the nationwidest organization, according to their own internal procedures."

Autonomous scope

Lately, processes of elaboration and approval of cooperation laws, which incorporate expressed references to the role of the Funds for Cooperation, have been started in several Autonomous Regions.

Catalonia

The Law of cooperation for development 26/2001, of 31st December, establishes the creation of a Committee Coordinating with Local Bodies in article 23, whose fifth point says: "The Committee Coordinating with Local Bodies has a peer composition, and representatives of the departments and organisms of the Generalitat, of the local and territorial bodies appointed by their representative bodies, and of the Fons Català de Cooperació al Desenvolupament take part in it. The Committee is chaired by the autonomous minister of foreign affairs, who can delegate the corresponding general manager."

In the developing process of the rules governing the collaboration and coordination organs and the consultative organs of this Law, the Catalan Fund has played a very active part, which has enabled it to reach a high degree of representation, both qualitative and quantitative, as it is picked up in the Decree 105/2003, of 15th April. In the Committee for Coordination with Local Bodies, having informative, consulting, and coordination functions, the Catalan Fund for Cooperation Development takes part with 1 vice-presidency, 3 members, and the participation of the Fund's manager having say but no right to vote (article 17). With regard to the Council for Development Cooperation, consulting and participation organ of the Catalan community in the field of development cooperation, the Catalan Fund holds a membership (article 20).

Aragon

On the other hand, the Law relative to cooperation for development approved by the Aragonese Parliament on December the 14th 2000, includes in the second additional provision, the creation of an Aragonese Fund for Development Cooperation:

1. "The government of the Autonomous Region of Aragón will promote the creation of an Aragonese Fund for Development Cooperation, which will be set up, by means of voluntary decision, with the financial contribution from the Aragonese public organisms, from the Non-Governmental Organizations for development cooperation, and from the bodies that work on this field, together with the private contributions which may arise, in order to increase and coordinate the aid for development cooperation.
   
   
2. This Fund will be started within a period of eighteen months since this law comes into force."

In the Decree 22/2002, of 22nd January, by which are approved the Rules of the Aragonese Council for Development Cooperation, advisory and consultative body on international solidarity and development cooperation foreseen in such law, it is also specified that in its composition, a representative from the Aragonese Fund for Cooperation is to take part as a member.

Castile-La Mancha

The Law on International Cooperation for Development, passed on February 13th 2003, provides in Chapter V the creation of a Fund for Cooperation in Castile-La Mancha, and it determines the constitution, the composition and the origin of its resources (articles 11 and 12). It also establishes that the Junta de Comunidades de Castilla-La Mancha (Autonomous Government) will promote the participation of municipalities and of legal entities and natural people in the Fund, by providing tax incentives for individual donors, as well as priority in the granting of aids and subsidies from the Junta to municipalities, firms and entities who contribute to the Fund (articles 13 and 14).

Galicia

More recently, the Law 3/2003, of 19th June, on development cooperation acknowledges, in its introductory part, the role that the Galician Fund has played in the development of its own model of local cooperation:

"Likewise, the creation of the Galician Fund for Cooperation and Solidarity, with the support of the Galician Federation of Municipalities and Provinces, and the autonomous Government, enabled Galician municipalism to take up its own line of action, by which participation in cooperation projects and programmes is fostered, it avoids atomizations and duplicities, and it postulates the practice of a cooperation that in no case annuls each autonomy."

On the other hand, the same law specifies, in article 20, the participation of the Fund in the Interterritorial Committee for Development Cooperation, agency for coordination and collaboration between the Galician autonomous government (Xunta) and local governments: "3. The composition and functioning of the Interterritorial Committee for Development Cooperation will be determined by law. In any case, it will have a peer composition, and representatives of the Galician Fund for Cooperation and Solidarity will take part in it".

Extremadura

The General Plan for Extremaduran Cooperation for Development 2004-2007, passed on 2nd April, 2004, by the Assembly of Extremadura, provides in its section on Instruments and modalities, an item exclusively concerning the Extremaduran fund for development cooperation, where the role of funds for cooperation is explicitly recognized, and particular support is planned for the Extremaduran Fund:

"One of the most interesting instruments being used in several neighbouring regions is the creation of Funds for Cooperation. The consolidation and gradual growth of the Local Extremaduran Fund for Development Cooperation (FELCODE) must be promoted, in collaboration with other public and private bodies of the Autonomous Community.
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The Extremaduran Fund constitutes a good instrument for channeling and boosting Town Councils' involvement in cooperation. One of the fund's main objectives must be to get more and more Town Councils to support cooperation, aiming at a milestone horizon close to the 0.7% of their budgets."

This recognition is similarly reflected by the representation of the Extremaduran Local Fund for Development Cooperation (Fondo Extremeño Local de Cooperación al Desarrollo) in the consultative and coordination bodies, governed by acts 37/2005 and 38/2005, of February 9th, in which the Fund is assigned a member in the Consultant Board of Development Cooperation (art. 3, section e) and another in the Autonomous Committee of Development Cooperation (art. 3, section e), respectively.

Similarly, it must be mentioned that the Annual Plan for Extremaduran Cooperation for 2005 (Official Journal of Extremadura no. 8, 22nd January 2005) in section h, envisaged among the acts for that year, carrying out the activities anticipated in the covenant with the Extremaduran Local Fund for Development Cooperation (FELCODE) in order to execute municipal strengthening projects in Latin America, and extending these activities whenever both parties considered it appropriate.

Asturias

The Quadriennial Plan of Asturian Cooperation for Development 2004-2007, provides the support to the creation process of the Asturian Fund for Cooperation. So it is provided in Chapter 8, in the section regarding Interinstitutional Coordination:

"It will be promoted the creation of an Asturian Fund for Development Cooperation and Solidarity, formed by the Town Councils willing to join it, and aiming to coordinate information and strategies on development cooperation issues. In this way, support will be given to the implementation of unified criteria, thus avoiding effort duplicity and providing coordination lines of action."

In Chapter 10, regarding the timing of the Quadriennial Plan's proposals, the start of such Fund is scheduled for the first half of 2006.

Balearic Islands

The Development Cooperation Law 9/2005, passed on 21st June 2005, explicitly recognises the cooperation funds of the Balearic Islands (Majorcan Fund for Solidarity and Cooperation, Minorcan Fund for Cooperation and Ibiza and Formentera Fund for Cooperation) as cooperation agents (art. 29, point 1b) and assesses their structuring work when article 21, point 3 reads: "The Government of the Balearic Islands must implement an active collaboration policy with the island councils and local bodies of the Balearic Islands that earmark resources for development cooperation. In particular, it must urge the local bodies of the Balearic Islands to participate in acts of development cooperation by applying joint instruments, mutual consortiums or other similar bodies, such as the cooperation funds of the islands."

On the other hand, the Law establishes the participation of the 3 Funds of the Balearic Islands in coordination and consultation bodies, specifically in the Council for Development Cooperation (art. 27, point 2) and the Committee for Coordination of Territorial Bodies (art. 28, point 1).

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