Religious assistance to Catholic members of the Armed Forces and military servicemen by clergymen, and members of religious orders, constitute specific chapters from among the subjects that should be regulated within the compromise acquired by the Holy See and the Spanish State to revise the 1953 Concordat. Therefore, both Parties have decided to update the resolutions currently in force and conclude the following: AGREEMENT I. Religious and pastoral assistance to Catholic members of the Armed Forces shall continue to be carried out by the Military Vicariate.
II. The Military Vicariate, which is a personal, not territorial, diocese, shall be made up of: A) An Archbishop, Vicar General with his own Curia, made up of: 1. A General Provicar for all of the Armed Forces, with the authority of Vicar General. 2. A General Secretary. 3. An Assistant Secretary. 4. A permanent representative for training the clergy, and 5. A Pastoral Delegate. B) They will also have the cooperation of: 1. The corresponding Episcopal Vicars. 2. Military chaplains as personal parish priests.
III. The provision of the Military Vicar General shall be made in accordance with Article 1.3 of the Agreement between the Holy See and the Spanish State, dated 28 July 1976, by means of the proposal of a list of three candidate, chosen by common consent by the Apostolic Nuncio and the Ministry of Foreign Affairs and submitted for approval to the Holy See. The King shall present, within a period of fifteen days, one of the names for appointment by the Pope.
IV. If the Military Vicariate should become vacant and until a new Vicariate is named, the duties of Vicar General shall be assumed by the Provicar General, if there is one and if not, by the senior episcopal Vicar.
V. Clergymen, and members of religious orders are subject to the general provisions of the Law for Military Service. 1. Seminarians, postulants and novices may are eligible for the common benefits of yearly extensions in order to follow specific courses of study or for other causes accepted by the current legislation, as well as any other benefits of a general nature. 2. Ordained priests may be entrusted with duties specific to their ministry, for which they shall receive the corresponding authority from the Military Vicar General. 3. Those priests who are not entrusted with the aforementioned specific duties and deacons and professed clergy who are not priests, shall be assigned missions that shall not be incompatible with their rank, in accordance with Canon Law. 4. In accordance with that established by the Law, those who for a period of three years and dependent upon the Ecclesiastic Hierarchy, dedicate themselves to the apostolate as priests, deacons or professed priests or nuns, at missions or as chaplains for emigrants, shall be considered as complying with social services in substitution of the specific obligations of military service.
VI. In order to ensure pastoral care of the people, Bishops and others of similar rank shall be exempt from military obligations in all circumstances. In case of the mobilization of reservists, proper parochial assistance for civilians shall be ensured as best as possible. For this purpose, the Ministry of Defense shall heed the report of the Military Vicar General.
VII. The Holy See and the Spanish Government shall proceed by common consent in the resolution of any doubts or difficulties that may arise in the interpretation or application of any clause of this Agreement, guided by the principles that inform it.
VIII. The following articles are repealed: XV, XXXII and the Final Protocol in relation to the same, of the Concordat dated 27 August 1953 and, therefore, the Agreement between the Holy See and the Spanish Government concerning Military Jurisdiction and Religious Assistance of the Armed Forces, dated 5 August 1950.
FINAL PROTOCOL
In relation to Article VIII: 1. Despite the repeal ordained in Article 8, the possibility of availing oneself of the regulation provided in Number 1 of Article 12 of the pact of 5 August 1950 shall be available for a period of three years. 2. Priests and deacons ordained before the date on which this Agreement takes effect, and those religious who have taken their vows previous to this Agreement, shall preserve, independent of their age, the right of exemption from military service in times of peace, in accordance with Article 12 of the above-mentioned repealed Pact. 3. Those following courses of religious study in preparation for the priesthood or for religious profession at the time at which this Agreement takes effect, may request an extension of their obligation to join the armed forces, if they wish to take advantage of this benefit and if said benefit corresponds to them because of their age. The present Agreement, the text of which in both Spanish and Italian is equally valid, shall take effect from the moment of the interchange of the instruments of ratification.
ANNEX I
I. Military chaplains exercise their ministry under the jurisdiction of the Military General Vicar.
II. The jurisdiction of the Military Vicar General and the Chaplains is personal. It extends, whatever the respective military situation, to all military people in the Army, the Navy and the Air Force, to students at Military academies and schools, their wives, children and relatives living with them, and to all the faithful of both sexes, whether they be laymen or religious who serve on a regular basis in any respect or who normally live in Barracks or other places dependent on Military Jurisdiction. Jurisdiction mentioned above also extends to underage orphans, pensioners and military widows as long as their status remains unchanged.
III. Military chaplains have parroquial competence with respect to the persons mentioned in the preceding article. In the case of the Military chaplain officiating a marriage, this should abide by canonical prescriptions.
IV. 1.Military jurisdiction is cumulative with that of the diocesan Ordinaries. 2. In all places or installations dedicated to the Armed Forces or occupied circumstantially by them, the Military Vicar General and the Chaplains, primarily and principally, shall make use of said jurisdiction. When the Military Vicar General and the Chaplains are absent, the diocesan Ordinaries and local Parish Priests shall exercise their right to use their jurisdiction collaterally. The use of the mentioned cumulative jurisdiction shall be regulated in accordance with the opportune agreements between the diocesan Hierarchy and the military Hierarchy, which shall inform the corresponding military Authorities. 3. Outside those places mentioned and with respect to the persons mentioned in Article 2 of this Annex, diocesan Ordinaries and, if requested, local Parish Priests shall freely exercise their jurisdiction.
V. 1.When Military Chaplains, as part of their duties, must officiate outside the churches, establishments, camps and other places regularly assigned to the Armed Forces, they should previously obtain permission from the diocesan Ordinaries or the local Parish Priests or Rectors. 2.The permission shall not be necessary for the celebration of religious ceremonies outdoors for military forces involved in field campaigns, maneuvers, marches, parades or other acts of service.
VI. When deemed convenient for religious-pastoral service, the Military Vicar shall come to an agreement with the diocesan Bishops and religious superiors, to designate a suitable number of priests and religious who, without abandoning their work in their dioceses or institutes, shall assist the Military Chaplains. These priests and religious shall exercise their ministry under orders of the Military Vicar General, from whom they will receive authority AD NUTUM, and they shall be paid by means of a ministerial bonus or stipend.
ANNEX II
I. 1.The incorporation of Military chaplains shall take place according to the regulations approved by the Holy See, in agreement with the Government. In order to fulfill the duties of episcopal Vicar, it shall be necessary: a) To hold a Masters degree or equivalent superior degree, in those ecclesiastical or civil subjects that the Military Vicar General considers useful for the exercise of religious-pastoral assistance of the Armed Forces. b) To have been declared canonically apt, according to the regulations established by the Military Vicar General. 2. The ecclesiastical appointment of Chaplains shall be made by the Military Vicar General. Assignment to a Unit or Establishment shall be made by the Ministry of Defense by proposal of the Military Vicar General.
II. The Chaplains, as priests and ratione loci, shall also be subject to the discipline and vigilance of the diocesan Ordinaries, who, in cases of emergency, may take the opportune canonical measures, and in such cases must immediately inform the Military Vicar General.
III. The Military Ordinaries, aware of the need to ensure adequate spiritual assistance to all those who serve under arms, consider it a part of their pastoral duty to provide the Military Vicar General with a sufficient number of zealous and prepared priests, in order to fulfill their important and delicate mission with dignity. The present Agreement, the texts of which in both Spanish and Italian are equally valid, shall come into force upon the exchange of the instruments of ratification.
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