Reform Law To The Constituent Law Of The National Institute Of Agricultural Research (Iniap) And Revocation Of The Special Law Of The Coffee Sector

Original Language Title: Ley Reformatoria a la Ley Constitutiva del Instituto Nacional de Investigaciones Agropecuarias (INIAP) y Derogatoria de la Ley Especial del Sector Cafetalero

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ro_ley_ref_iniap_ro_supl._446_26-02-2015.pdf



CONSIDERING: That article 232 of the Constitution of the Republic establishes that they may not be civil servants, officials or members of management bodies of entities carrying out the State authority to control and regulation, who have interests in areas that will be controlled or regulated or represent third parties that have them;

That, the numeral 3 of the article 277 of the Constitution of the Republic designates as duty general of the State, generate and run them political public, control and punish its breach;

Foreseen, paragraph 8 of article 281 of the Constitution of the Republic, as a State obligation, ensure the development of scientific research and technological innovation to guarantee food sovereignty;

That, the law Charter of the Institute national independent agricultural research (INIAP), coding promulgated in the Official Gazette, Supplement 315, on April 16, 2004, created the concerned Research Institute;

That, the article 6 of this law established the Board directive, integrated by the Minister of agriculture, livestock, aquaculture and fishing, the Minister of finance, the representative of the Federation of livestock of the Ecuador, the representative of the Federation of them cameras of agriculture and the President of the Committee Ecuadorian for it defense of it nature and the environment (CEDENMA);

That, the special law on the Coffee Sector, coding promulgated in the Official Gazette, Supplement 315, 16 April 2004, created by his party, the national Coffee Council (COFENAC);

That, the Agency has a Council composed of the Minister of agriculture, livestock, aquaculture and fisheries, Minister of foreign trade, a delegate from the National Association of exporters of coffee (ANECAFE), a representative of the independent coffee growers, a representative of the industrial coffee, a delegate for the National Federation of coffee cooperatives of Ecuador (FENACAFE) and a representative of the farmers of the Amazon Region;

That aforementioned collegiate bodies are integrated mainly by members of civil society;

That such bodies exercise, among other powers, in the case of the national Coffee Council (COFENAC), the of coffee policy national and, in the case of the National Institute of agricultural research (INIAP), advise on national policy in the field of generation, validation and transfer of technology and planning, directing, execute and evaluate agricultural research;

That, is necessary to update the legislation national in line with the Constitution of the Republic and the new model of the State; Consequently, it is reforming the law Charter of the Institute national independent agricultural research (INIAP) and repealed the special law on the Coffee Sector; and, in the exercise of the attribution conferred by paragraph 6 of article 120 of the Constitution of the Republic, issued the following: law reform to LA law constituent of the Institute national of research agricultural (INIAP) and REPEALING of the law special of the SECTOR coffee article 1.-the name of the law Charter of the Institute national independent agricultural research (INIAP) be replaced by the following : "Constitutive law of the National Institute of agricultural research (INIAP)."

Article 2.-Replace article 1 of the aforementioned law, by the following: "article 1.-of INIAP.-the National Institute of agricultural research (INIAP), is an entity of public law, with legal personality and own patrimony, decentralized, with technical, financial and administrative autonomy under the guiding Ministry of agricultural policy, whose primary purposes are: promoting scientific research, the generation" innovation, validation, and dissemination of technologies in agriculture and forestry production, in the scope of their powers."

Article 3.-in the article 4 incorporate the following modifications: the literal to), will say: ' a) planning, directing, executing and evaluating agricultural research, in accordance with the guidelines of the rector of the higher education, science, technology and Innovation Agency, with special attention to the development of appropriate technologies, the application of advances in biotechnology, which lead to the use, management and development right of natural agricultural resources; "

The literal f), will say: "f) produce and sell seeds, basic, registered, foot of breeding, improved or selected vegetative material and other services for the promotion of agricultural production." "He INIAP may produce seed of the class certified low them conditions that authorizes the Minister or the Minister governing or guiding of the political agrarian, prior report of them dependencies specialized corresponding."

(He literal h) will tell: "(h) lead and support the creation and organization of a system national of research agricultural, low them guidelines of the body guiding of it education supplement-record official No. 446-Thursday 26 of February of 2015-5 upper, science, technology and innovation." It will coordinate further research and generation of technology with other public and private sector institutions;"

At the end of this literal removed the following: the letter "e" and the comma; ((and, after the literal h) incorporating a literal stating: "i) develop, preserve and enhance native seeds, contributing to their dissemination and adoption" the current literal i) article, becomes literal j).

Article 4.-replace is the article 6 of the law constituent of the Institute national autonomous of research agricultural (INIAP), by the following: "(Art. 6.-of the directory.-the directory will be integrated of the following form: to) the Minister or the Minister of the body guiding of it political agrarian or its associate or delegate, who it will preside over and will have vote casting;"

b) the Secretary or the National Secretary of higher education, science, technology and innovation or his delegate or delegate; and, c) Minister or Minister Coordinator of production, or the representative of the entity that does its times, through its delegate or delegate.

Director or Executive Director of INIAP shall serve as secretariat of the Board and shall be only informative voice.

The directory can have other invited members with voice and no vote.

"The decisions of the Board shall be taken by a majority of its members and sessions shall be convened by its Chairperson or President and can be anywhere in the national territory, at least once every three months."

Article 5-Replace the article 8 by the following: 'article 8. Duties and powers of the directory-the directory as the highest authority in the administration of the Institute has the following responsibilities: to) dictate and reforming the organizational statute for processes, as well as the internal rules;

b) approving plans, programmes and projects prepared by the Executive Directorate of INIAP;

(c) define according to plans and programmes referred to in the previous paragraph, the agricultural national and regional research priorities, as well as those relating to external technical cooperation;

(d) to acknowledge and approve the budget of the entity;

(e) to acknowledge and approve the institutional report and the annual budgetary implementation of the Institute, presented by the Director or the Executive Director;

(f) to appoint and remove the Executive Director of the Institute, in accordance with the law;

(g) adopt the values of the specialized goods and services that generate or supply the Institute;

(h) authorize the acquisition, assessment and disposition of goods, of compliance with the law and the regulation; (y, i) exercise the other powers provided for in this Act and its regulations. "

Article 6.-replace the literal c) and k) of article 10 by the following: 'article 10. Director Executive-are duties and powers of the Executive Director: (...)

(c) subject to the approval of the Board of Directors plans, programmes and budgets of the institution;

k) subject to the approval of the directory the values of goods and services generated by the Institute. "."

Article 7.-Replace article 13 with the following: "article 13. Resources or heritage of INIAP-resources from the National Institute of agricultural research (INIAP) are as follows: to) movable or immovable property and livestock of the current Institute of agricultural research and others that, in the future, acquired any title;

(b) revenue from the collection of values of goods and specialized services that lend the Institute in the field of its competence;

(c) the contributions and contributions from national and international organizations;

(d) the proceeds from reimbursable and non-reimbursable loans;

(e) legacies and donations that will accept the Institute;

(f) the income generated by their assets;

(g) other income and property assigned to any degree; and, h) assignments that corresponded to the National Institute of agricultural research and those established in the General State budget according to the budgetary requirements of the National Institute of agricultural research (INIAP) "."

General provisions: First-rules for the reformed law be adopted appellations and markings consistent in this law.


SECOND.-the Ministry guiding of it political agrarian, shall exercise it action coercive for the fundraising of them values that is are pending of payment, until it date 6-supplement-record official No. 446-Thursday 26 of February of 2015 of force of the present law, by concept of it contribution agricultural coffee, constant in it law special of the Sector coffee, coding enacted in the registration official , 315, 16 April 2004 supplement.

THIRD.-the other provisions of the constituent Act of the National Institute of agricultural research (INIAP), will remain in effect to adapt to the rules of this law.

TRANSITIONAL provisions: First.-competencies that has been exercising the national Coffee Council (COFENAC) subject to the Act that is repealed, they will be assumed by the governing Ministry of agrarian policy, within one hundred twenty days counted from the date of entry into force of this law.

During this period of transition, the Council coffee national (COFENAC), not may acquire new obligations, except which have by object the compliance of those collapsed with prior to this law that have relationship with the emission of the certifications of origin or liquidation of personal. In any case these obligations will have a period exceeding the period of transition. The governing Ministry of agricultural policy will oversee the implementation of these activities.

SECOND.-skills related to export promotion and foreign investment of the national Coffee Council (COFENAC), will be assumed by the Institute of promotion of exports and foreign investment (PRO ECUADOR).

THIRD.-the work research that had been doing the national Coffee Council (COFENAC), they will be assumed by the National Institute of agricultural research (INIAP).

Fourth.-within the period of ninety days, counted from the date of enactment of this Act, the rector of the agricultural policy Ministry, will constitute a Consultative Council of coffee with plural integration, which will propose strategic guidelines in the field of coffee and its entire productive chain, will observe the implementation of investment projects related to the coffee and advise and inform the governing Ministry of agrarian policy on the activities carried out by other institutions in the field of public credit, research, training and agricultural development.

Fifth.-the split budget and all them goods furniture e estate, active and passive, rights and obligations constant in conventions, contracts u others instruments legal, national or international that you corresponded to the Council coffee national (COFENAC), will be assumed by the Ministry guiding of the political agrarian, prior inventory.

Employment contracts that are in force, will end immediately, the date of enactment of this legal reform, under the extinction of the employer entity of the national Coffee Council (COFENAC), in accordance with the law.

SIXTH.-staff who is providing its services at the national Coffee Council (COFENAC) will be applied subject to the labour law, in the course of the transition period for this tip, with funds and own property.

SEVENTH.-in the term of cent twenty days, counted starting from the date of force of the present law, the Ministry guiding of it political agrarian will implement them actions of character administrative that is require, in order ensure the correct application of its model of management in matter of coffee and of it research of the sector agricultural, as well as dictate it normative technical required.

REPEALING provision: "first: repeal of articles 7 and 15 of the constituent Act of the Instituto Nacional Autónomo de Investigaciones Agropecuarias (INIAP)."

Second: Expressly repealed the special law of the Coffee Sector, promulgated in the Official Gazette, Supplement 315 encoding of 16 April 2004, as well as any other legislation that opposes the implementation of the present law.

Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the twenty-seven days of the month of November of two thousand fourteen. f) GABRIELA RIVADENEIRA BURBANO, President. (f) Dr. Libyan RIVAS ORDÓÑEZ, Secretary General.

No. 018-2015 the plenary of the Council of the judiciary considering: that, article 178 of the Constitution of the Republic of Ecuador has: "The Council of the judiciary, is the organ of Government, administration, supervision and discipline of the judiciary...";

That, the paragraph 2 of article 168 of the Constitution of the Republic of Ecuador establishes: "The judiciary shall enjoy administrative, economic and financial autonomy.";

That, the second paragraph of article 229 of the Constitution of the Republic of Ecuador, says: "the rights of the servants and public servants are inalienable. The law will define the governing body in the field of human resources and remuneration for the entire public sector and will regulate admission, promotion, promotion, incentives, disciplinary regime, stability, remuneration system and cessation of functions of their servers. ";