Article 51 of the Spanish Constitution establishes that public authorities shall ensure the defence of consumers and users, protecting, using effective procedures, safety, health and the legitimate economic interests of the same.
The consumer protection is exercised not only by public authorities, but also by private agents and the compliance that rights declare and establish systems and procedures of protection is the responsibility of all social and economic sectors within the framework of the revised text of the General Law for the defence of consumers and users and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November.
Appropriately for this defense to be effective and the consciousness of the consumer, subject to rights and obligations, permeating the social fabric, is the training of professionals in the broadest spectrum that can apply their knowledge in the exercise of their respective professions.
The Ministry of health, social services and equality, through the Spanish Agency of consumption, food security and nutrition, intended to training in use of graduates with appropriate professional projection.
In order to give a character eminently practical training, recipients of aid, will develop its activity in the Council of consumers and users, integrated into the programme of work of this body.
The order SCO/643/2006, on 16 February, which establishes the regulatory bases for granting, by the National Institute of consumption, scholarships for the program of work of the Council of consumers and users, has been regulating the basis for the granting of the scholarships within the organizational structure of the extinct national consumption Institute. Given the time elapsed, is updating and adaptation of the regulatory legal framework for these scholarships, as well as the adequacy of administrative bodies to the new organizational structure, awarding.
Royal Decree 19/2014, of 17 January, whereby autonomous bodies national consumer Institute and the Spanish Agency for food safety and nutrition in a new autonomous body called Spanish Agency of consumption, food safety and nutrition shall be merged and approved its Statute, makes it necessary to adapt the order SCO/643/2006, of 16 February the new structure born after the merger of the agencies cited.
Article 24 of the Royal Decree 19/2014, from January 17, defines the Council of consumers and users as national organ of consultation of the General Administration of the State and institutional representation of consumers and users through their organizations.
This order is run in accordance with the provisions of article 17 of law 38/2003 of 17 November, grants General.
In the processing of this provision the Council of consumers and users has been heard and they have issued mandatory reports the State advocacy and the intervention delegate of the intervention General of the administration of the State in the Spanish Consumer Agency, food safety and nutrition.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.
1. this order establishes the regulatory basis for the provision of practical training for graduate scholarships in consumption.
2. annually, the call shall be that qualifications will be required, according to the activities that are considered priority within the programme of work for this exercise.
3. in the selection procedure govern the competitive concurrence with equal treatment and non-discriminatory regime, conforming to the principle of transparency, publicity and objectivity, with the requirements laid down in this order.
Article 2. Characteristics of the scholarships.
1. the scholarships that are called will be developed within the programme of work of the Council of consumers and users.
The training program will include collaboration in the activities of the Council of consumers and users and their related tasks such as the preparation of studies, participation in the development of the functions attributed to this organ, the updating of databases and the intervention in the preparation of those reports to the Council of consumers and users should be issued in the exercise of its functions the General Administration of the State for both the Spanish Consumer Agency, food safety and nutrition.
2. the enjoyment of these scholarships will not lead labour or civil service link between the fellow and the Spanish Consumer Agency, food safety and nutrition. The amount that is paid to the scholars, in any case, will be considered salary or remuneration, but financial support for training, and do not accrue any right to compensation for completion of the program, nor will be merit for admission to the civil service or for the acquisition of a working relationship with any Government or entity linked or dependent on it.
3. at the end of the training programme, the Council of consumers and users, through its secretariat, will provide to the person concerned an accreditation certificate of practical training acquired for the purpose of your resume.
Article 3. Requirements of the beneficiaries.
1 you can apply for scholarships regulated by this order, Spaniards and nationals of any Member State of the European Union, as well as foreigners residing legally in Spain, in accordance with the provisions of article 9.3 of the organic law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their social integration that they have completed a Bachelor's degree, degree or masters in the five years prior to the date of the call.
2 also, you must meet the following requirements: to) be in possession at the date of the call for proposals or conditions of accreditation of the Bachelor's degree or degree University degree at the time of filing of the application, related to the scholarships that are the subject of the corresponding call. The qualifications obtained abroad or in Spanish non-State centres must be approved or recognized and full legal effect at the date of filing of the application.
(b) mastery of the Spanish language. It will only require the certificate, diploma or which shows knowledge of the language equivalent to the level C1 of the common European framework of reference for languages in cases in which concerned non-Spanish candidates and which carry residing in Spain for a period of less than five years.
If it's a title obtained abroad, needed prove that it is in possession of the corresponding recognition or credential attesting, as appropriate, approval.
(c) not having previously enjoyed a grant from the program of formation of the Council of consumers and users.
(d) not be in any of the causes of disqualification provided for in article 13.2 of law 38/2003 of 17 November, General subsidies.
Article 4. Provision of scholarships.
1. the scholarships will be funded from the budget of the Spanish Consumer Agency, food safety and nutrition, being conditioned its call and amount to budgetary availability.
2. the annual individual amount of each scholarship shall be fixed in the relevant invitation to participate, distributing the Endowment yearly between the number of scholars selected and the amount you will be paid for months expired, prior certification proving the fulfilment of their obligations.
3. candidates must be discharged in the General scheme of the Social Security in the terms and conditions laid down in the Royal Decree 1493 / 2011, of 24 October, which regulates the terms and the conditions for inclusion in the General scheme of the Social security of the people who participate in training programmes in development than expected in the third additional provision of law 27/2011, August 1, about updating, adaptation and modernization of the system of Social Security, from the date of its incorporation, with obligations and rights as it is derive.
4. when in the enjoyment of scholarship resulted in the payment of diets, these shall be determined according to the criteria established by the Royal Decree 462/2002, of 24 may, on compensation by reason of the service, for members of the Group 2 officials.
Article 5. Duration of the scholarship.
1. the duration of the scholarship shall be one year, counting from the day following that on which the notification of the granting of the same resolution, takes place and can be extended up to a maximum of twelve additional months.
2. the holder of the fellowship may request the extension of the grant for a maximum period of twelve months, which will be granted by a decision of the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition, following a positive report of guardian and evaluation of the work done by the Committee of selection and control of the Executive intervention , provided that there is budgetary allocation in the corresponding year.
Article 6. Form and deadline for submission of applications.
1. requests will formalize the model to be approved in the resolution's call, shall be addressed to the Presidency of the Spanish Consumer Agency, food safety and nutrition.
2. the application may be submitted to the general of the same registry, located at calle Príncipe de Vergara, 54, 28006 Madrid, or by any of the means indicated in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as well as his presentation by electronic means , as established in law 11/2007, of 22 June, electronic access of citizens to public services.
3. the deadline for submission of applications will be which is established in each call.
4. If applications do not meet the requirements will be required to the person concerned, so that, in accordance with article 71.1 of the law 30/1992, of November 26, within a period of ten working days it remedy the application and attach the mandatory documents, with an indication of that, so do not do so, you shall be withdrawn your request.
5. the scholarship application implies the authorization to the Spanish Consumer Agency, food safety and nutrition to obtain the corresponding tax administration and the General Treasury of the Social Security, compliance with tax obligations and Social security information, contained in articles 18 and 19 of the Royal Decree 887/2006, of 21 July which approves the regulation of the law 38/2003, 17 November, General grant.
6. the submission of a request will imply consent organ instructor to check and verify identity data included in the request, reliable mode through the data system of verification of identity, in accordance with article unico.3 of the Royal Decree 522/2006, of April 28, whereby the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its agencies shall be deleted public linked or dependent.
In addition, the corresponding announcements may collect the filing of the application involves the consent by the applicant so that the organ instructor can refer, in other databases or systems of the General Administration of the State, information relating to the applicant in relation to the requested grant.
However, the applicant expressly refuse consent to all the cases listed in this paragraph, in which case, along with your application, must provide the required documents.
7. the documentation submitted by applicants who have not finally been selected, shall be collected by the applicant or duly authorized person at the headquarters of the Council of consumers and users, calle Príncipe de Vergara, 54, of Madrid, for a maximum period of two months from the date in which the resolution of the scholarships is made public. Within this period, the documentation that has not been withdrawn, will be destroyed.
Article 7. Call.
1. the procedure for the granting of scholarships, will begin using the corresponding resolution of announcement to be published in the Official Gazette, in accordance with the provisions of article 23 of the law 38/2003 of 17 November.
2 call resolution shall include at least: a) indication of the provision establishing the regulatory bases and the official journal in which it is published.
(b) the number of announced grants.
(c) the budgetary credit that shall be charged to the grants and the maximum of each of the available credit amount.
(d) object, conditions and the specific purpose of scholarships and their duration.
(e) an expression that the award will take place on a competitive basis.
(f) the specific requirements that must concur on the candidates and the form of accreditation.
(g) indication of the competent bodies for the statement and resolution of the procedure.
(h) the deadline for submission of applications and the organ which shall arise.
(i) resolution and notification delivery.
(j) indication of whether the resolution puts an end to the administrative procedure and, if not, organ that has appeal of appeal.
(k) the application of the call model.
(l) the criteria for the evaluation of applications.
(m) means of notification or publication, in accordance with the provisions of article 59 of the law 30/1992, of 26 November.
Article 8. Assessment criteria.
1 the terms provided in this order of bases, shall take into account the following merits, for valuation purposes, to award the grants selection Committee: to) academic degree or Bachelor's degree in the specific qualifications required in the call for proposals: maximum 30 points.
The resulting score is obtained by applying the following operation: media of record × maximum score (30) 10 (maximum record half note) b) additional University degree: 10 points per qualification, up to a maximum of 20 points.
(c) knowledge of languages: maximum score 15 points. Language skills will be assessed according to the levels established by the common European framework of reference for languages.
1 will be assessed knowledge of English language, duly accredited, whose level is intermediate Basic (B1) or higher, according to the following scoring: basic intermediate level (B1) = 3 points.
Upper intermediate (B2) = 5 points.
Advanced level (C1) = 7 points.
Expert level (C2) = 9 points.
2nd add up to 3 more points for each official language of the EU, in function of the accredited level, and counting only a starting from the basic intermediate level (B1) or higher, according to the following scoring: basic intermediate level (B1) = 1 point.
Upper intermediate (B2) = 1, 5 points.
Advanced level (C1) = 2.1 points.
Expert level (C2) = 3 points.
(d) accreditation have completed courses or publications related to standardisation, protection to consumers and institutions of the European Union: will be assigned up to 2.5 points for each course, diploma or publication duly accredited. Maximum score: 10 points.
(e) have accredited expertise in the handling of tools and software. 2.5 points will be assigned for each course, diploma or accreditation of theoretical or practical knowledge. Maximum score: 10 points.
(f) having worked as a volunteer, without any remuneration, non-governmental organizations or associations of public utility, duly registered as such. They will be allocated 2.5 points by each organization not Government or Association of public utility that has collaborated at least a hundred accredited hours. Maximum score: 5 points.
2. once valued the previous data, the selection Committee will make a pre-selection of candidates who have obtained higher scores, which will be interviewed by the selection Committee.
The interview may consist of a brief statement of the reasons which led him to apply for the scholarship, knowledge about the Council of consumers and users, aspects of consumption that more interest raises, among other issues.
The highest interview score is 10 points, which will be added to the score obtained in the merits phase.
Article 9. Management and instruction of the procedure.
The body responsible for the management of the procedure is the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition. As for the organ instructor of the procedure, will be the General Sub-Directorate of arbitration and consumer rights, which take place ex officio actions it considers necessary for the determination, knowledge and verification of the data which must formulate the motion for a resolution, pursuant to article 24 of law 38/2003 of 17 November.
Article 10. Evaluation of applications.
1 the evaluation and selection of candidates will be made by a selection Committee, attached to the Spanish Consumer Agency, food safety and nutrition, composed of the following members: to) Presidency: the person who occupies the Presidency of the Council of consumers and users, or delegated.
(b) vocal: persons holding the General Sub-Directorate of coordination, quality and cooperation in consumption of the Spanish Agency of consumption, food security and nutrition, and the Secretariat of the Council of consumers and users, or those who delegate.
(c) secretariat of the Committee: an official of the Spanish Consumer Agency, food safety and nutrition, level equal to or greater than head of Department, with voice but without vote, named by the titular person of the General Sub-Directorate of arbitration and consumer rights.
2. the operation of the selection Committee will adjust to the organs members in chapter II of title II of law 30/1992, of 26 November, and will be treated with the personal media and materials that includes the Spanish Consumer Agency, food safety and nutrition.
3. the selection Committee will evaluate applications in relation to the objectives of the call for proposals and in accordance with the assessment criteria described in article 8 and will issue a report in which the result of the assessment carried out is concrete.
Article 11. Resolution.
1. the organ instructor, in view of the record and of the report of the College, will formulate provisional resolution, which must include the relationship of selected fellows and alternates who, following the order of score, replaced the holders in the event of resignation.
2. the interim resolution shall be notified selected, conceding within ten days to accept, by media that establish the call. The confirmation within this time the beneficiary shall be deemed as a waiver for the scholarship, which will be awarded, following the same procedure, the following candidate according to the order of score.
3. the term maximum to enact and notify the final resolution may not exceed three months from the date of publication of the call. Within this period, without that had relapsed express resolution, can understand is rejected the request, without prejudice to the obligation to express decision.
4. competition in the resolution of granting of requests corresponds to the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition.
5. proposals for a provisional and definitive resolution do not create any right in favour of the beneficiary against the Administration, while not granting resolution has been notified.
6. the resolution shall be notified in the terms laid down in articles 58 and 59 of the law 30/1992, of 26 November, applicants who have been selected, and the entire contents of the exhibit in the Secretariat of the Council of consumers and users and will be available on the website of the Council of consumers and users without prejudice to advertising which is subsequently made scholarships granted, pursuant to article 18 of law 38/2003 of 17 November.
7. facing decisions rendered by the titular person of address Executive of the Spanish Agency of consumption, food security and nutrition, it may be brought appeal before the Presidency of the aforementioned agency within a month counting from the day following its publication in the Secretariat of the Council of consumers and users , in accordance with the provisions of law 30/1992, of 26 November.
Article 12. Obligations of grantees.
1 the scholars who accept the scholarship acquire the following commitments: to) the obligations laid down in article 14 of law 38/2003 of 17 November.
(b) accept and comply with the rules laid down in the regulatory bases and the scholarships.
(c) comply with instructions that during the term of the grant request from the Secretariat of the Council of consumers and users, in the scope of the functions it has mandated.
(d) report to the Spanish Consumer Agency, food safety and nutrition has been requested or received other assistance from public or private entities for the same purpose.
(e) engage fully in compliance with the tasks that are entrusted to it.
(f) they must join the scholarship at the date indicated in the award.
2. candidates shall comply with a schedule of 35 hours a week, according to the pattern that points them to the Secretariat of the Council of consumers and users.
3. holders will enjoy a holiday period of twenty working days or time proportional to the period of grant.
Article 13. Disclaimers.
1. in the case of resignation during the duration of the grant period, the successful tenderer shall submit fifteen days in advance the reasoned application addressed to the Presidency of the Spanish Consumer Agency, food safety and nutrition.
2. the resignation will lead to deprivation of the scholarship by the time that remain pending. The awarding body, upon acceptance of the reasons, awarded the scholarship for the remaining period, the candidate next in order of score obtained in the selection process.
3. the waiver of the scholarship does not exempt from compliance with obligations for the reinstatement of the perceived amounts, in the event of non-compliance.
Article 14. Time and form of justification for the scholarships.
1. the titular person of the Secretariat of the Council of consumers and users will be the guardian of education, responsible for the direction and development of training and certify monthly that the fellow has completed the tasks assigned. This document shall be accompanied by a certificate of conformity of the titular person of the General Sub-Directorate of arbitration and consumer rights, with the approval of the holder person address Executive of the Spanish Agency of consumption, food security and nutrition, attesting that fellows have satisfactorily fulfilled its obligations.
2. in the three months following the completion of the formation of the scholarship program, the interested party will deliver a the holder of the Presidency of the Council of consumers and users a report on the work carried out, accompanied by the report of the guardian.
3. the memory and report cited above will be prerequisites for the issuance of an accreditation certificate from the training acquired by the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition.
Article 15. Failure to comply with obligations and reinstatement.
1 are causes for the reinstatement of the scholarship, in addition to those provided for in article 37 of law 38/2003 of 17 November, as follows: to) distortion of the requirements necessary for the granting of the scholarship.
(b) absence without justification of the fellow.
(c) failure to comply with the obligations and commitments contained in this order.
(2 person holder address Executive of the Spanish Agency of consumption, food security and nutrition, report of the person holding the Secretariat of the Council of consumers and users, if there is any of the circumstances provided for in the letters b) and (c)), remember the start of the procedure for reinstatement.
In the case of the letter to), the preliminary report will be issued by the Committee of selection.
3. the reinstatement of perceived quantities shall be required in the terms and conditions set forth in title II of law 38/2003 of 17 November.
4 in accordance with in article 17.3. n) of the cited standard, in the case that the non-compliance by the beneficiary is total, must return 100% of what is perceived. If it were a partial default, reinstatement determined by the principle of proportionality, modulating is taking into account the fact that failure significantly closer to full compliance and that is accredited by the beneficiary action unequivocally aimed at the fulfilment of their commitments.
Article 16. Legal regime.
In matters not provided in this order, shall apply the law 38/2003 of November 17, General grant, the regulation of the law, approved by Royal Decree 887/2006, of July 21, the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and any other regulatory provisions that by their nature could result from application.
First additional provision. Advertising of the call.
From 1 January 2016, calls handed down shall be advertising through the database of grants, which through a summary of the call for proposals will be published in the «Official Gazette» national.
Second additional provision. No increase in public spending.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
Sole repeal provision. Repeal legislation.
They are hereby repealed many provisions of equal or lower rank to oppose this order, and in particular, the order SCO/643/2006, on 16 February, which establishes the regulatory bases for granting, by the National Institute of consumption, scholarships for the program of work of the Council of consumers and users.
First final provision. Skill-related title.
This order is issued on the basis of article 149.1. 13th and 18th of the Constitution which attributed to the State powers to dictate the bases and coordination of the general economic activity planning and the bases of the legal regime of public administrations, respectively.
Second final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, October 16, 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.