JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following law.

INDEX

Preamble

Preliminary title. General provisions.

Article 1. Object.

Article 2. General objectives.

Article 3. Spanish System of Science, Technology and Innovation.

Article 4. Principles.

Article 5. The assessment in the allocation of public resources.

Title I. Governance of the Spanish System of Science, Technology and Innovation.

Article 6. Spanish Strategy for Science and Technology.

Article 7. Spanish Innovation Strategy.

Article 8. Scientific, Technological and Innovation Policy Council.

Article 9. Science, Technology and Innovation Advisory Board.

Article 10. Spanish Research Ethics Committee.

Article 11. Information System on Science, Technology and Innovation.

Title II. Human resources dedicated to research.

Chapter I. Staff Investigator at the Service of Public Universities, Public Research Bodies and Research Bodies of other Public Administrations.

Section 1. General Provisions.

Article 12. Scope of application.

Article 13. Research staff.

Article 14. Rights of the investigating staff.

Article 15. Duties of the investigating staff.

Article 16. Criteria for the selection of research staff.

Article 17. Mobility of research staff.

Article 18. Authorisation to provide services in commercial companies.

Article 19. Scientific and technological collaborators.

Section 2. Contracting of work-related research staff.

Article 20. Contractual modalities.

Article 21. Pre-doctoral contract.

Article 22. Contract of access to the Spanish System of Science, Technology and Innovation.

Article 23. Distinguished investigator contract.

Chapter II. Specificities applicable to personnel serving the Public Research Bodies of the General Administration of the State.

Section 1. Personal Investigator at the Service of the Public Research Bodies of the General Administration of the State.

Article 24. Scope of application.

Article 25. Professional career of the official investigating staff.

Article 26. Access to public employment and internal promotion.

Section 2. Research Personnel at the service of the Public Research Bodies of the General Administration of the State.

Article 27. Research staff.

Article 28. Rights and duties of the technical staff at the service of the Public Research Bodies of the General Administration of the State.

Article 29. Technical staff official at the service of the Public Research Bodies of the General Administration of the State.

Article 30. Recruitment of technical staff for the implementation of specific scientific and technical research projects.

Chapter III. Specificities applicable to teaching and research staff at the service of public universities.

Article 31. Access to university teaching bodies from public universities.

Article 32. Dedication of teaching and research staff.

Title III. The promotion of scientific and technical research, innovation, the transfer of knowledge, dissemination and scientific, technological and innovative culture.

Chapter I. General provisions.

Article 33. Measures.

Article 34. Collaboration conventions.

Chapter II. Transfer and dissemination of the results of research, development and innovation and scientific, technological and innovative culture.

Article 35. Recovery and transfer of knowledge.

Article 36. Application of private law to contracts relating to the promotion, management and transfer of results of research, development and innovation activities.

Article 37. Broadcast in open access.

Article 38. Scientific and technological culture.

Chapter III. Internationalisation of the system and development cooperation.

Article 39. Internationalization of the Spanish System of Science, Technology and Innovation.

Article 40. Development cooperation.

Title IV. Promotion and coordination of scientific and technical research in the General Administration of the State

Chapter I. Governance.

Article 41. Government Delegation for Science, Technology and Innovation Policy.

Article 42. State Scientific and Technical Research Plan.

Article 43. State Innovation Plan.

Article 44. Priority axes of the State Innovation Plan.

Chapter II. Financing agents.

Article 45. Funding agents attached to the Ministry of Science and Innovation.

Chapter III. Runtime agents.

Article 46. Executing agents of the General Administration of the State.

Article 47. Public Research Bodies of the General Administration of the State.

Additional disposition first. Application of the provisions of Title II of this Act to other entities.

Additional provision second. Status of the investigating staff in training.

Additional provision third. Young innovative company.

Additional provision fourth. National Health System staff.

Additional provision fifth. Abolition of the scales of the State Agency of the National Council of Scientific Research, the National Institute of Aerospace Technique and the Public Research Bodies of the General Administration of the State.

Additional provision sixth. Scales of Public Research Bodies of the General Administration of the State.

Additional provision seventh. Remuneration regime for the scientific and technical scales of the Public Research Bodies of the General Administration of the State.

Additional disposition octave. Reorganization of the Public Research Bodies of the General Administration of the State.

Additional provision ninth. Protection of personal data.

Additional provision 10th. Reports on the evaluation of requests for assistance from the State Plan for Scientific and Technical Research.

Additional provision eleventh. Grants and aid granted by the General Administration of the State.

Additional disposition twelfth. Legal authorisation for the establishment of the State Investigation Agency.

Additional disposition thirteenth. Implementation of the gender perspective.

Additional disposition fourteenth. Other implementing agents of the General Administration of the State.

Additional provision 15th Consideration of priority activities for the purposes of Law 49/2002, of 23 December, of tax regime of non-profit entities and of tax incentives for patronage.

Additional provision sixteenth. Researchers from the Ramon and Cajal and Miguel Servet Programs.

Additional 17th disposition. Mechanisms to facilitate the participation of Spanish entities, staff or research groups in the European Research Infrastructure Consortium (ERIC).

18th additional disposition. Social security in the pre-doctoral contract.

Additional 19th disposition. Economic compensation for works of an intellectual nature.

320th additional disposition. Regulation of the own research centres of the Autonomous Communities with exclusive competence.

Additional provision twenty-first. Regulation of the research entities shared between the State and the Autonomous Communities.

Additional provision twenty-second. Application of Article 18 of this Law.

Additional provision twenty-third. Common rules for contracts for the implementation of specific scientific and technical research projects.

Additional 24th disposition. Regime applicable to the Convention and Convention systems.

Additional provision twenty-fifth. Horizontal internal promotion to the Scale of Research Professors of Public Research Bodies and Scientific Researchers of Public Research Bodies.

Additional provision twenty-sixth. Technology centres and centres of support for state-wide technological innovation.

Additional provision twenty-seventh. Legal regime of the Instituto de Astrofísica de Canarias.

Additional provision twenty-eighth. Research aid programmes aimed at research staff.

First transient disposition. Remaining bodies.

Second transient disposition. Subsistence of the National Plan for Scientific Research, Development and Technological Innovation.

Transitional provision third. Subsistence of the National Strategy for Science and Technology.

Transitional disposition fourth. Support programmes for the training of research staff.

Transient disposition fifth. Performance evaluation systems and transitional remuneration for the scientific scales of the Public Research Bodies of the General Administration of the State.

Transitional disposition sixth. Subsistence of the State Innovation Strategy.

Repeal provision. Regulatory repeal and enforcement of rules.

Final disposition first. Amendment of Law 53/1984, of December 26, of incompatibilities of Personnel to the Service of Public Administrations.

Final disposition second. Amendment of Law 11/1986, of March 20, of Invention Patents and Utility Models.

Final disposition third. Amendment of Organic Law 6/2001, of 21 December, of Universities.

Final disposition fourth. Amendment of Law 49/2002, of 23 December, of tax regime of non-profit entities and of tax incentives to patronage.

Final disposition fifth. Amendment of Law 38/2003 of 17 November, General of Grants.

Final disposition sixth. Amendment of Law 55/2003 of 16 December of the Staff Regulations of the Staff Regulations of Health Services.

Final disposition seventh. Amendment of Law 29/2006 of 26 July on the guarantees and rational use of medicinal products and medical devices.

Final disposition octave. Amendment of Law 14/2007, of 3 July, of Biomedical Research.

Final disposition ninth. Title and character of basic legislation.

Final disposition tenth. Regulatory development.

Final disposition eleventh. Entry into force.

PREAMBLE

I

The generation of knowledge in all areas, its dissemination and its application to obtain a social or economic benefit, are essential activities for the progress of Spanish society, whose development has been key for the economic and social convergence of Spain in the international environment. This development, which has been greatly encouraged by Law 13/1986 of 14 April, of Promotion and General Coordination of Scientific and Technical Research, has before itself the challenge of the consolidation and definitive internationalization of the science.

On the other hand, the Spanish production sector, imposing itself on a historical inertia, is beginning to develop from recent dates a scientific, technological and innovative culture that is essential for its competitiveness. The Spanish economy must move towards a productive model in which innovation is called to be definitively incorporated as a systematic activity of all companies, regardless of their sector and size, and in which the sectors of Medium and high technology will have a greater role.

Both conditions, as well as the emergence of a culture of cooperation between the public system of science and technology and the productive fabric, of which Spain lacked a few years ago, allow our country to be at the best conditions for achieving a fully cohesive society and knowledge economy. The role of science for this purpose, as well as its diffusion and transfer, are essential elements of modern culture, which wants to be governed by reason and critical thinking in the choice of its objectives and in its decision-making.

Law 13/1986, of April 14, established the basic organization of the State in the field of science and technology, defining a main instrument of strategic planning: the National Plan of Scientific Research and Technological Development. More recently, the Autonomous Communities have been developing their own instruments for the organisation and planning of science and technology, as well as for supporting innovation, in accordance with their competences. All this together with a growing allocation of public resources to these policies, especially significant in recent years, has set up a robust and complex Spanish Science, Technology and Innovation System, with capabilities and challenges. different from those in 1986; a system that demands a new legal framework that encourages the response to the important challenges of the scientific development itself, giving new supports and better instruments to the agents of the system, so that they can be progressively more efficient and efficient in the exercise responsible for their activities.

In particular, there are five situations that distinguish the current context of the Spanish System of Science, Technology and Innovation from which existed at the time of approval of the aforementioned law.

First of all, the development of the competences in the field of scientific and technical research and innovation of the Autonomous Communities through its Statutes of Autonomy and the approval of its normative frameworks. This development has led to real autonomous systems of R & D + i with its own entity, which coexist with the system promoted from the General Administration of the State. This "system of systems" demands, for the sake of greater efficiency and the search for synergies, the establishment of new governance mechanisms based on cooperation, from respect to respective competences.

Second, Spain is fully integrated into the European Union. The new legal framework must therefore establish efficient mechanisms for coordination and collaboration between public administrations, and facilitate the Spanish role in the construction of the European Research Area and Space. European Knowledge. In this regard, the Lisbon Strategy Analysis Group sets out in particular the following recommendations:

a) A change in policies, evolving towards open, dynamic and systematic policies, based on an efficient mix of policies and instruments, adapted to various scenarios, actors and fields of science and technology, incorporating multidimensional aspects.

b) Incorporate new styles of governance of knowledge policies, reinforcing strategic intelligence capabilities, incorporating policy experimentation, empowering change agents and establishing clear incentives for the Lisbon objectives.

c) Building a new model of knowledge policies based on the dynamic configuration of knowledge, with a combination of policies that take into account the specificities of sectors and actors, that exceed the borders administrative, regional and national. It is the proposed model for building the European Knowledge Area with a dynamic, multi-dimensional and multi-stakeholder perspective.

Third, the size achieved by our system, both in terms of the amount of public resources available, and the nature of the financing instruments, requires a profound transformation. of the management model of the General Administration of the State. The aim is to move towards a new scheme, the State Agency for Research, which is more efficient and flexible but equally transparent, which ensures a stable funding framework, and allows for the incorporation of best practices. International cooperation in the field of promotion and evaluation of scientific and technical research.

In the fourth place, the Spanish scientific community, which is now six times larger than in 1986, must have a predictable, merit-based and socially recognized scientific and technical career, which it currently lacks, and the The Spanish System of Science, Technology and Innovation must incorporate the criteria of maximum mobility and openness that govern in the international scientific field.

In fifth and last place, the Spanish production model based fundamentally on construction and tourism has been exhausted, with which it is necessary to promote a change through the bet for research and innovation as means to achieve a knowledge-based economy that will ensure a more balanced, diversified and sustainable growth.

These five realities: autonomic development, a growing European dimension, quantitative and qualitative leap in public resources, consolidation of a professional, competitive scientific and technical community open to the world and transition to an economy based on knowledge and innovation, demand transformative measures such as those specifically mentioned in this law. It also recognises the substantial difference between public intervention which requires the promotion of research, including the scientific and technical research carried out by companies through the State Plan for Scientific Research and Technical, and the creation of a favorable environment for innovation, a much more transversal challenge, through the State Plan of Innovation.

effort made by Spain over the last two decades to put its science at international level must now be complemented by a greater emphasis on technical research and technological development and on the transfer of research results to the productive fabric. However, although necessary, this impulse to the so-called recovery of knowledge is not enough to achieve the objective of a more innovative economy; a more comprehensive approach is needed. The commitment to innovation is strictly necessary for the growth and competitiveness of our productive system. In this respect, this law also includes other measures, such as those relating to greater mobility of researchers between the public R & D sector and companies, or support for the creation and consolidation of technology-based companies through the status of the innovative young company status.

Similarly, the text provides for reforms aimed at correcting some weaknesses in the Spanish System of Science, Technology and Innovation that the previous legal framework failed to address, in particular, the low contribution of the private sector for the financing and implementation of R & D & I activities. For this reason, it encourages sponsorship and patronage, and private sector investment in science, technology and innovation.

This law incorporates a set of measures of a new nature that aim to place Spanish legislation in the field of science and technology and innovation at the international forefront. Among these measures for a "Science of the 21st Century" are the incorporation of the gender approach with a transversal character; the establishment of rights and duties of the research and technical staff; the commitment to the universal dissemination of knowledge, by positioning in favour of open access policies to scientific information; the incorporation of the professional ethical dimension, reflected in the creation of a Committee to apply the criteria and guidelines internationally accepted; or the concept of scientific and technological development cooperation.

Finally, the law deepens in the vertebrate of relations and in the dialogue between science, technology, innovation and society. In particular, it recognizes the activities of dissemination and scientific and technological culture as an integral part of the research career, in order to improve understanding and social perception on scientific and technological issues and sensitivity towards innovation, as well as to promote greater citizen participation in this field.

II

The law develops the title of competence contained in article 149.1.15. of the Spanish Constitution and incorporates rules concerning other areas of competence of the General Administration of the State. The concept of scientific and technical research is considered equivalent to that of research and development, understood as the creative work done in a systematic way to increase the volume of knowledge, including those related to the be human, culture and society, the use of such knowledge to create new applications, their transfer and their dissemination.

The law takes into account the plurality of agents that make up the system today. Together with the Universities, Public Research Bodies, Health Centres and Companies, which are responsible for most of the research activity, other agents such as research centres have a very prominent role. They are assigned to the Autonomous Communities, the General Administration of the State or both, such as the Technology Centers, the Scientific and Technological Parks and the Unique Scientific-Technical Facilities. For this extensive set of agents the law establishes general provisions, and guarantees, in any case, the principle of neutrality by which no agent should be privileged due to its affiliation or legal nature.

The universities and public research organizations stand out among the agents; all of them are applicable to the great majority of the norms contained in this law. In the particular field of biomedical research, the key role of health centres is recognised. In addition, the role of companies in the field of technological development and innovation is highlighted, as they play a fundamental role in transforming scientific and technical research into improvements in Spanish productivity and of the quality of life of citizens. It also recognises the general interest of the activity carried out by private research bodies such as the Technology Centres and the role of actors most closely involved in promoting technology transfer and cooperation between the different system operators, such as the Scientific and Technological Parks, the Technology Platforms and the Innovative Enterprise Groups. Both these agents and those of the most recent creation are widely affected by this regulation.

III

The preliminary title states that the purpose of this law is to consolidate a framework for the promotion of scientific and technical research and its instruments of general coordination with a concrete purpose: to contribute to the sustainable economic development and social welfare through the generation, dissemination and transfer of knowledge and innovation.

The following is a broad catalogue of general objectives pursued with the creation of the new legal framework, covering all relevant aspects related to the promotion of scientific and technical research and innovation. Thus, R & D + i is the way through which we intend to respond to the major strategic challenges of the State in economic matters, combining the need for change and sustainability.

The preliminary title defines, followed, the Spanish System of Science, Technology and Innovation, with an inclusive character. It is defined as a system of systems that articulates the public and the private and that integrates in a collaborative way in the public domain the set of mechanisms, plans and actions that can be defined and implemented, for the promotion and development of R & D & I, both by the regional authorities and by the General Administration of the State.

The System, which is governed by inspiring principles among those of effectiveness, cooperation and quality, is integrated by the system of the General Administration of the State and by those of the Autonomous Communities and is geared towards the promotion, development and support of scientific and technical research and innovation.

The Spanish System of Science, Technology and Innovation currently has a diversity of agents, public and private, of diverse scope and significance, committed in the promotion and development of research, development and innovation of science and technology. They are characterised from a functional point of view as coordinating, implementing and funding actors.

The variety of actors is, in principle, a sign of the broad commitment that exists in favour of R & D & I. This commitment is not, however, on its own, sufficient guarantee for the system to respond to the challenges, needs and opportunities offered by the 21st century with a progressively more globalized economy and society.

This is why the following system challenges are:

-A greater and sufficient sizing of the system and its agents to respond to the scale of the problems that the economy and society has to transfer their knowledge to.

-Greater internationalization.

-A greater involvement and role of private initiative in the system as a whole.

-Greater openness and flexibility of public servants in the system to the productive system and society as a whole.

-A greater bet on collaboration between the set of System agents.

-An extension and deepening of the culture of innovation and the assumption of risk in all orders and scales of the productive system and the whole of the systems of society, with special incidence in the field education and training.

In this direction, the support and measures should be directed, preferably, that from the Public Administrations will be established in favor of the adequacy and enhancement of the system.

Therefore, the participation of a wide and diverse range of agents in the Spanish System of Science, Technology and Innovation requires, for greater efficiency and efficiency, the design and implementation of a governance that respond to the following criteria:

-The recognition of each and every one of the agents in the role each plays in the framework of the System.

-The establishment of game rules that, in addition to being operational, effective and efficient, are equitable, based on equal opportunities, for the set and for each of the agents.

-The definition and implementation of the role of the public administrations, each and all of them.

-The definition and implementation of a collaborative management of the public-private system.

Finally, the preliminary title contains a significant reference to scientific and technical evaluation as a mechanism to ensure transparency and objectivity in the allocation of public resources in the field of scientific and technical research.

IV

Title I develops the competencies of the State in the field of general coordination of scientific and technical research and innovation and regulates system governance.

The Spanish Strategy for Science and Technology is conceived as the multiannual reference framework for achieving a set of general objectives, shared by all public administrations with powers in the field of science and technology. the promotion of scientific and technical research. This is an instrument that will serve as a reference for the development of the scientific and technical research plans of the various public administrations, and for their articulation with the Union's research policies. European and International Organizations.

For its part, the Spanish Innovation Strategy is set up as the multiannual reference framework with which, from a multisectoral approach, it is intended to involve all political, social and economic actors in the achieving the common goal of promoting innovation and thus transforming the Spanish economy into a knowledge-based economy.

This Strategy must address five axes of action: generating a financial environment prone to innovation, promoting innovation from public demand, international projection, strengthening cooperation territorial and human capital, placing the transfer of knowledge as a transversal element that unifies all the axes.

The Spanish Innovation Strategy should also include the need to promote public procurement aimed at strengthening the demand for innovative products, as recommended by the European Parliament in its Resolution of 3 February 2009, taking into account the Communication from the Commission of 14 December 2007 entitled 'Pre-commercial procurement: promoting innovation to give Europe high quality and sustainable public services' (COM (2007) 0799); as the report of the Group of Independent Experts on Research, Development and innovation, entitled "Creating an innovative Europe" (Aho report).

The formulation of a Spanish Innovation Strategy is part of the forecasts included in the Strategy for Sustainable Economy, which the government approved in December 2009. The Spanish Innovation Strategy is also covered by the framework set out by the European Union in the Europe 2020 strategy, in which, within a joint vision and a common framework of global objectives, 1% is sought to achieve public investment GDP and 2% private investment in R & D & I, making global investment in R & D + i countries reach 3% of their GDP.

The Scientific, Technological and Innovation Policy Council is the body responsible for the overall coordination of the system and is composed of representatives of the highest level of the General Administration of the State and of the Autonomous Communities. The Council will be advised by the Science, Technology and Innovation Advisory Board, which will be part of the most representative business associations and trade unions and leading members of the scientific and technological community.

Finally, Title I creates the Information System on Science, Technology and Innovation, with the aim of having global information on the set of system agents for the elaboration and monitoring of the Strategy Spanish Science and Technology, the Spanish Innovation Strategy, and its development plans.

V

Title II focuses on human resources dedicated to research in public universities, Public Research Bodies of the General Administration of the State and Research Bodies of other administrations. Public.

Chapter I is divided into two sections: the first one regulates the general provisions applicable to all the research staff in their field of action, and the 2. specifically refers to the research staff developing their work linked to an employment relationship.

Section 1. is initiated with a definition of the research activity. The following is a catalogue of rights and duties specific to the research staff, as indicated in the Commission Recommendation of 11 March 2005 on the European Charter for the Investigator and the Code of Conduct for the recruitment of researchers, and without prejudice to those who apply to them by virtue of the relationship, civil service or employment, which one with the entity for which they provide services according to the rules in force. In addition, the selection criteria of the research staff to ensure professional development on the basis of respect for the constitutional principles of equality, merit and capacity are established.

Mobility plays a fundamental role in the professional development of the researcher and, therefore, in scientific progress. Its organization and planning, both nationally and internationally, is a fundamental element in the field of scientific policy, as evidenced by the various actions undertaken by the responsible Spanish institutions and by the programmes for international cooperation and mobility of scientists covered by the European Union's successive Framework Programmes. This law provides for the recognition of mobility in assessment processes: the law therefore provides for the possibility for researchers to be temporarily attached to other public enforcement agents; new situations of temporary leave for researchers who are incorporated into other public or private, national, international or foreign agents; an authorisation is provided for training stays in recognised centres prestige; and the possibility of authorising the research staff to provide part-time services in commercial companies established or engaged by the bodies in which they provide their services.

Section 2 sets out three contractual modalities to which the Public Research Bodies of the General Administration of the State and the Research Bodies of other Administrations can benefit. Public, such as public universities when they are recipients of funds whose destination includes the recruitment of the research staff. The introduction of these new contractual arrangements will not increase the budget.

Researchers who, within the doctoral studies, perform research tasks in a specific and novel project, may be hired through a pre-doctoral contract; this is a temporary contract with a the duration of up to four years or up to six years in the case of persons with disabilities, for which a 30% reduction of the business quota to Social Security is established by common contingencies.

The achievement of the doctorate degree ends the stage of training of the research staff, and from that moment the post-doctoral stage begins, the initial phase of which is oriented to the improvement and professional specialisation of research staff and is usually developed through mobility processes or through temporary employment recruitment.

The contract of access to the Spanish System of Science, Technology and Innovation will be able to subscribe with those who are in possession of the Doctor's Degree or equivalent. This temporary contract of up to five years will have the primary purpose of carrying out research tasks aimed at obtaining a high level of improvement and professional specialization by the research staff, who will lead to the consolidation of his professional experience. It implies a considerable advance in the suppression of the temporality of the research staff, since from the end of the second year of contract, this can subject to evaluation the research activity developed and, if the evaluation, this will be taken into account as merit in the selective processes of fixed labor personnel that are called by the public universities, Public Research Bodies of the General Administration of the State and Research on other public administrations, as well as the research staff of Public universities will take into account the assessment that has been overcome for the purpose of considering the merits of the researchers in the positive evaluation required for recruitment as a Doctor.

Finally, the so-called distinguished researcher contract is created, which will be able to host researchers of recognized prestige to carry out research activities or to direct human teams, research centers, unique scientific and technological facilities and programmes of great relevance.

Article 2.2 of Law 7/2007, of 12 April, of the Basic Staff Regulations, allows the approval of unique rules for the adequacy of the regime established by the Staff Regulations to the peculiarities of the research staff. With the use of this authorization, Chapter II regulates in its section 1. the peculiarities of the regime of the research personnel serving in the Public Research Bodies of the General Administration of the State. For its part, Section 2 of Chapter II refers to certain aspects relating to the research staff in the service of these agents.

The professional career of research staff is structured around a new design of scientific scales, which are reorganized to homogenize their selection, remuneration and promotion regime. In addition, the establishment of an objective system is envisaged to assess the performance of the official staff for the purposes of horizontal professional career, training, provision of jobs and the perception of complementary remuneration.

The selective access processes for the scientific scales may provide for an internal promotion shift for access, either from other scientific scales or from the technical scales, either from the fixed employment contract, or from the university teaching bodies of public universities.

The participation of foreigners in the selective access processes to the scientific scales is regulated, and it is possible to carry out the relevant tests in the English language to facilitate the participation of these candidates; the aim is to promote the geographical and interinstitutional mobility of staff associated with R & D and innovation activities, and to attract talent to Spanish centres.

The research staff of the Public Research Bodies of the General Administration of the State is composed of the research staff and the staff of the technical scales. Moreover, the application of the professional career that regulates the law of the public service of the General Administration of the State to the official personnel belonging to the Corps or Escalas not included in the field of application of this law, when providing services in the Public Research Bodies of the General Administration of the State.

The law contains a catalogue of rights and duties of technical personnel at the service of the Public Administration of Research of the General Administration of the State, without prejudice to those that apply to them by virtue of the (a) a civil service or employment relationship with the entity for which they provide services in accordance with the rules in force.

The technical personnel at the service of the Public Research Bodies of the General Administration of the State will be grouped around six scales. In addition, it is possible to establish internal promotion procedures between the scientific scales and the techniques of the same classification subgroup to facilitate the development of the professional career.

Chapter III sets out some specific features for research staff belonging to university teaching bodies at the service of public universities, such as the possibility for contract staff employed by the public universities in accordance with article 22.4 of this law to be accredited to Professor Titular University, provided that he obtains a positive report of his teaching and research activity according to the procedure that establish the Government, and the establishment by the public universities of the distribution of the dedication of the teaching staff and researcher to their service.

VI

Title III of the law regulates the promotion and cooperation as elements for the promotion of scientific and technical research, the transfer of the results of research activity and innovation as an essential element. to induce change in the production system, as well as the dissemination of results and scientific and technological culture.

Chapter I sets out an open list of measures to be taken by the funding actors, which revolve around the promotion of research, development and innovation, business investment in these activities by means of (i) a legal framework for cooperation, recovery and transfer of knowledge, reverse transfer, the dissemination of resources and results, the capacity to attract specialised human resources, support for research, young researchers and young innovative companies, the inclusion of the prospect of gender as a cross-cutting category, strengthening the innovative role of the Public Administrations through the promotion of the application of emerging technologies and the promotion of the units of excellence, among others.

In the field of cooperation between public and private agents of the System, the possibility of carrying out collaboration agreements that will allow the joint realization of projects and actions of research, development innovation, creation or financing of centres, funding of unique projects, staff training, dissemination, and sharing of buildings, facilities and material resources.

Chapter II contains the mandate to the Public Administrations to promote the exploitation of knowledge, understood as the value of knowledge obtained through the research process, in order to the results of the research promoted or generated by it are transferred to society.

In this context, the promotion of the reverse transfer of knowledge led by the business sector in collaboration with the research agents for the development of the market objectives based on these is included. results.

Regarding the promotion, management and transfer of results of the research activity, the contracts of society, collaboration for the valorization and transfer of results, and the delivery of research services and technical assistance shall be subject to private law.

One of the new features of the law is the provision for open access publication, which provides that all researchers whose activity has been financed mainly by the State Budget are obliged to publish in open access an electronic version of the content accepted for publication in research publications. For its development, the System agents are entrusted with the establishment of institutional open access repositories.

In the field of scientific and technological culture, the law imposes on public administrations the duty to promote activities conducive to the improvement of the scientific and technological culture of society, with the object of to facilitate society's access to science. In addition, the inclusion of measures in the State Plan of Scientific and Technical Research to promote scientific and technological culture is established.

Chapter III of this Title III incorporates two articles related to the international arena: the first deals with the internationalization of the Spanish System of Science, Technology and Innovation, which is defined as a component the intrinsic part of the promotion and coordination actions. It provides for the possibility of creating research centers abroad, in addition to promoting actions to increase the international visibility and the capacity of attraction of Spain in the field of research and transfer of knowledge; Second, it refers to scientific and technological cooperation to development through the strengthening of human and institutional capacities, especially in projects with priority countries for Spanish cooperation. Public administrations should recognize in the evaluation processes the activities of scientific and technological cooperation to development.

VII

Title IV contains, in Chapter I, the regulation on the promotion and coordination of scientific and technical research in the field of the General Administration of the State. In order to coordinate the scientific and technical research and innovation activities of the various ministerial departments, the existence of a high level body, the Government's Delegation for Scientific Policy, is envisaged. Technology and Innovation.

On the other hand, to carry out the development of the general programming in the field of scientific and technical research in the General Administration of the State, the State Plan of Scientific and Technical Research is created, Multi-annual planning instrument aimed at establishing the objectives, priorities and programming of policies to be developed by the General Administration of the State in the framework of the Spanish Strategy for Science and Technology. This plan will have the consideration of a strategic plan of grants for the purposes of Law 38/2003, of 17 November, General of Grants, and will be approved by the Government at the proposal of the Ministry of Science and Innovation.

In parallel, the elements and instruments that are put at the service of the change of production model will be planned in the State Plan of Innovation, whose objective is to transform the Spanish economy into an economy based on the knowledge. The priority axes of state action will include analyses and measures relating to the modernisation of the financial environment, the development of innovative markets, people, the internationalisation of innovative activities and cooperation. territorial.

Chapter I also notes that the competent Ministries will approve and publish a plan detailing its innovative and pre-commercial public purchasing policy.

Although there are other public financing agents, belonging to the Autonomous Communities, to the Local Government, or private ones, such as foundations, associations, among others, in Chapter II, there are two (a) the financing agents of the General Administration of the State as instruments for the exercise of its promotion policies: one of new creation, the State Research Agency, and another, already existing, the Center for Technological Development Industrial. Both instruments are essential for improving the implementation of policies and for the exercise of coordination with their European counterparts, an essential aspect of the development of the European Research Area, and those of third countries. These financing agents shall carry out their activities in accordance with the principles of independence, transparency, accountability, effectiveness and efficiency in management.

Chapter III is dedicated to the executing agents of the General Administration of the State, among which are the Public Bodies of Investigation: State Agency Superior Council of Scientific Research (CSIC), Instituto Nacional de Técnica Aerospacial (INTA), Instituto de Salud Carlos III (ISCIII), Instituto Geógico y Minero de España (IGME), Instituto Español de Oceanography (IEO), Centro de Investigaciones Energésísas Environmental y Technology (CIEMAT), Instituto Nacional de Investigación y Tecnología Agraria y Alimentaria (INIA), and Instituto de Astrofísica de Canarias (IAC).

VIII

The law contains a set of additional provisions, which first regulate the applicability of certain articles of Title II on human resources to various system agents.

Also included are provisions that recognize as implementing agents other public and private agents not directly attached to the General Administration of the State but essential in the achievement of the objectives of the State plans for Scientific and Technical Research and Innovation, among which are the universities, the companies, the Technology Centers, the Scientific and Technological Parks, as well as any other that takes over between its objectives defined in the successive State Plans for Scientific and Technical Research and Innovation and take part in the actions that result from them.

Other provisions introduce the necessary adjustments in terms of suppression, creation and remuneration at the scales of the Public Research Bodies of the General Administration of the State.

The Government is authorized to approve a reorganization of the Public Research Bodies, in order to adapt them to the objectives of this law for the sake of greater efficiency, and to create the State Agency of Research.

The gender perspective is established as a cross-cutting category in scientific and technical research, which must be taken into account in all aspects of the process to ensure effective equality between men and women. In addition, concrete measures for equality in this field are established.

Furthermore, provisions are included which include, among other things, the regulation of the own research centres of the Autonomous Communities with exclusive competence, the arrangements applicable to the systems of Concert and Convention, and the legal regime of the Instituto de Astrofísica de Canarias.

The transitional provisions regulate the temporary subsistence of the Advisory Council for Science and Technology, the General Council of Science and Technology and the Government's Delegation for Scientific Policy and Technological. The National Plan for Scientific Research, Development and Technological Innovation 2008-2011 to its completion, the National Strategy for Science and Technology adopted at the Third Conference of Presidents until its conclusion, are also declared. Replacement by the Spanish Strategy for Science and Technology and the State Innovation Plan.

A transitional regime is established for the entry into force of contracts for training research personnel providing for this law. A transitional regime is also established for the implementation of performance evaluation systems on the scientific scales of the Public Research Bodies of the General Administration of the State.

The repeal provision provides for the repeal, from its entry into force, of all provisions that are contrary to the provisions of this law.

Another set of final provisions amend certain laws to supplement the provisions of this law. Thus, the Law 53/1984 of 26 December, of incompatibilities of the staff to the service of the Public Administrations, the Law 11/1986, of March 20, of patents of invention and models of utility, the Organic Law 6/2001, of 21 of In December, the Law 49/2002, of 23 December, of the tax regime of non-profit entities and of tax incentives to patronage, Law 38/2003, of 17 November, General of Grants, Law 55/2003, of 16 December, of the Staff Regulations of the Staff Regulations of the Health Services, Law 29/2006 of July 26, guarantees and rational use of medicinal products and medical devices, and Law 14/2007 of 3 July on biomedical research.

The law concludes with three final provisions relating to the title of competence, regulatory development and entry into force.

PRELIMINARY TITLE

General provisions

Article 1. Object.

This law establishes the framework for the promotion of scientific and technical research and its instruments of general coordination, in order to contribute to the generation, dissemination and transfer of knowledge to solve the essential problems of society. The fundamental object is the promotion of research, experimental development and innovation as elements on which sustainable economic development and social welfare must be established.

Article 2. General objectives.

The general objectives of this law are as follows:

a) Promoting scientific and technical research in all fields of knowledge, as an essential factor for developing competitiveness and knowledge-based society, by creating an economic environment, social, cultural and institutional-friendly knowledge and innovation.

b) Driving the transfer by fostering the interrelation of the agents and fostering efficient cooperation between the different areas of knowledge and the formation of multidisciplinary teams.

c) Promoting innovation in all sectors and in society, by creating innovation-friendly economic and institutional environments that stimulate productivity and improve competitiveness.

d) Contribute to a sustainable development that enables harmonious and fair social progress, based on the great social and economic challenges that science has to respond to.

e) Coordinate the policies of scientific and technical research in the General Administration of the State and among the different Public Administrations, by means of the planning instruments that guarantee the establishment of objectives and indicators and priorities in resource allocation.

f) To strengthen the institutional strengthening of the agents of the Spanish System of Science, Technology and Innovation and the collaboration between them.

g) Contribute to continuing training, qualification and empowerment of research staff.

h) Promoting the internationalisation of scientific research, technological development and innovation, especially in the field of the European Union.

(i) Promoting development cooperation in the field of scientific research, technological development and innovation, geared to social and productive progress, under the principle of the social responsibility of the institutions of research and innovation.

j) Promoting scientific, technological and innovative culture through education, training and outreach in all sectors and in society as a whole.

k) Promote the inclusion of the gender perspective as a transversal category in science, technology and innovation, as well as a balanced presence of women and men in all areas of the Spanish Science System, Technology and Innovation.

l) Promote the active participation of citizens in research, development and innovation, and the social recognition of science through the scientific training of society and scientific dissemination and technology, as well as the recognition of innovative and entrepreneurial activity.

m) Promoting innovation and research applied to the development of environments, products, services and services that guarantee the principles of inclusion, universal accessibility, design for all and independent living in favour of persons with disabilities or in a situation of dependency.

Article 3. Spanish System of Science, Technology and Innovation.

1. For the purposes of this law, it is understood by Spanish System of Science, Technology and Innovation the set of agents, public and private, that develop functions of financing, of execution, or of coordination in the same, as well as the set of relationships, structures, measures and actions that are implemented to promote, develop and support research policy, development and innovation in all fields of the economy and society.

This System, which is configured in the terms provided for in this Law, is integrated, in the public sphere, by the public policies developed by the General Administration of State and by the developed, in their own field, by the Autonomous Communities.

2. Coordination agents are the Public Administrations, as well as entities linked or dependent on them, when they develop functions of methodical disposition or concert of means and resources to carry out common actions in the field of scientific and technical research or innovation, in order to facilitate the reciprocal information, the homogeneity of actions and the joint action of the agents of the Spanish System of Science, Technology and Innovation, to obtain the integration of actions in the system's globality.

The overall coordination of scientific and technical research actions will be carried out by the General Administration of the State through the instruments established by this law.

3. The public authorities, entities linked to or dependent on them and private entities are the financing agents when they bear the costs or costs of the scientific and technical research or innovation activities carried out by other actors, or provide the economic resources necessary for the performance of such activities.

4. Public and private entities that perform or support scientific and technical research or innovation are implementing agents.

Article 4. Principles.

1. The Spanish System of Science, Technology and Innovation is governed by the principles of quality, coordination, cooperation, efficiency, efficiency, competence, transparency, internationalization, evaluation of results, equal opportunities and accountability.

2. The System is based on cooperation, coordination and inter-institutional administrative cooperation in respect of the division of competence established in the Constitution and in each of the Statutes of Autonomy, and in the lacy and complementarity of the system with the European Community framework.

Article 5. The assessment in the allocation of public resources.

1. The allocation of public resources in the Spanish System of Science and Technology and Innovation will be carried out in accordance with the principles of transparency and efficiency, and on the basis of a scientific and/or technical evaluation, specific objectives to be achieved.

2. The evaluation shall be carried out by specific bodies (including international evaluators where appropriate) under the principles of autonomy, neutrality and specialisation, and shall be based on the analysis of available scientific and technical knowledge and of its applicability. The guiding criteria for this analysis will be public, will be established according to the objectives pursued and the nature of the action assessed, and will include scientific, technical, social, industrial applicability, market opportunity and knowledge transfer capacity, or any other strategic consideration. In any event, the principles of equal treatment set out in Council Directive 2000 /78/EC of 27 November 2000 and the principles set out in the European Charter for the Research and Conduct Code for the recruitment of the European Union's citizens will be respected. of researchers (2005/251/EC).

3. In the processes in which the peer evaluation system is used, the anonymity of the evaluators will be protected, although their identification will be reflected in the administrative file so that the interested parties can exercise their rights. they are recognized.

TITLE I

Governance of the Spanish System of Science, Technology and Innovation

Article 6. Spanish Strategy for Science and Technology.

1. The Spanish Strategy for Science and Technology is the instrument to achieve the general objectives set out in this law in the field of scientific and technical research, and will be defined in it for a multiannual period:

a) The basic principles, as well as the general objectives and their indicators of monitoring and evaluation of results.

b) The general scientific and technical priorities and the instruments of coordination that will determine the financial effort of the public funding agents of the Spanish System of Science, Technology and Innovation, without prejudice to the competences of the Autonomous Communities in relation to their public policies in scientific and technical research.

c) The objectives of the scientific and technical research plans of the General Administration of the State and the Autonomous Communities.

d) The mechanisms and criteria for articulation of the Strategy itself with the sectoral policies of the Government, the Autonomous Communities, the European Union and International Organizations, as well as the Strategy Spanish Innovation, needed to achieve efficiency in the system and avoid redundancies and shortages.

2. The Ministry of Science and Innovation, in collaboration with the Council for Scientific, Technological and Innovation Policy, will draw up the Spanish Strategy for Science and Technology, which will submit it to the Council for Scientific Policy, Technological and Innovation, of the Advisory Council of Science, Technology and Innovation, of the economic planning bodies of the General Administration of the State, of the Government's Delegation for Scientific, Technological and Technological Policy Innovation and the bodies that are coming from, and will raise it to the Government for approval and further referral to the General Courts.

Article 7. Spanish Innovation Strategy.

1. The Spanish Innovation Strategy is the instrument to achieve the general objectives set out in this innovation law, and will be defined in this law for a multi-annual period:

a) The basic principles, as well as the general objectives and their indicators of monitoring and evaluation of results.

b) The priorities of the innovation policy, which will determine the financial effort of the public financing agents of the Spanish System of Science, Technology and Innovation, without prejudice to the competences of the Autonomous Communities in relation to their public innovation policies.

c) The objectives of the innovation plans of the General Administration of the State and the Autonomous Communities.

(d) The mechanisms and criteria for the articulation of the Strategy itself with the sectoral policies of the Government, the Autonomous Communities, the European Union and international bodies, as well as the Strategy Spanish Science and Technology, needed to achieve efficiency in the system and avoid redundancies and shortages.

e) Priority axes, which will include the modernisation of the financial environment, the development of innovative markets, people, the internationalisation of innovative activities, and territorial cooperation as a basis of innovation.

2. The Ministry of Science and Innovation, in collaboration with the Council for Scientific, Technological and Innovation Policy, will draw up the Spanish Innovation Strategy and submit it to the Council for Scientific, Technological and Technological Policy. Innovation, of the Advisory Council of Science, Technology and Innovation, of the economic planning bodies of the General Administration of the State, of the Government's Delegation for Scientific, Technological and Innovation Policy and of the (a) the bodies resulting from it, and shall be submitted to the Government for approval and subsequent referral to the General Courts.

Article 8. Scientific, Technological and Innovation Policy Council.

1. The Scientific, Technological and Innovation Policy Council is hereby established as a general coordination body for scientific and technical research, which is attached to the Ministry of Science and Innovation.

2. These are Council functions:

a) Develop, in collaboration with the Ministry of Science and Innovation, and report the proposals of the Spanish Strategy for Science and Technology and the Spanish Innovation Strategy, and establish the mechanisms for evaluation of its development.

b) To know the State Plan for Scientific and Technical Research, the State Plan of Innovation and the corresponding plans of the Autonomous Communities of the Spanish Strategy of Science and Technology and of the Spanish Innovation Strategy, and ensure the most efficient use of the resources and means available.

c) Approve the criteria for the exchange of information between the General Administration of the State and the Autonomous Communities, within the framework of the Information System on Science, Technology and Innovation, while respecting the scope Competence of the different Administrations and the rules on confidentiality and privacy of the information.

These criteria will be established in accordance with those generally accepted at international level, and their determination will ensure the correct collection, processing and dissemination of data. In addition, account will be taken of the need to minimise the administrative burden which could be assumed by the agents to provide the required information, and therefore the use of the information already available in the public sources.

Both the General Administration of the State and the Autonomous Communities will be able to consult the information obtained from that System.

d) Promote joint actions between Autonomous Communities, or between them and the General Administration of the State, for the development and implementation of research programs and projects.

e) Promoting actions of common interest in knowledge transfer and innovation.

(f) to propose, for study by the managing authority, the general principles of programming and the territorial distribution of non-competitive aid in scientific and technical research financed from the funds of the European Union.

g) Issue reports and opinions requested by the Government or the Autonomous Communities.

3. This Council is made up of the heads of the ministerial departments designated by the Government and the representatives of each Autonomous Community in this field, and will be chaired by the head of the Ministry of Science and Innovation. A vice-presidency shall be established, which shall be for the representatives of the Autonomous Communities on a rotating basis and for annual periods.

4. The General Administration of the State shall, as a whole, have a number of votes equal to that of the sum of the votes of the Autonomous Communities. Each Autonomous Community shall have one vote, irrespective of the number of representatives in attendance.

The approval of the cases referred to in paragraphs (a), (c) and (f) of paragraph 2 of this Article and in paragraph 5 shall require a two-thirds majority of the members of the Council. In accordance with the principle of financial loyalty, agreements that significantly affect the budget of the Autonomous Communities shall have the favourable vote of those directly affected.

5. The Council shall adopt its rules of procedure.

Article 9. Science, Technology and Innovation Advisory Board.

1. The Advisory Council for Science, Technology and Innovation is hereby established as a body for the participation of the scientific and technological community and economic and social actors in matters related to science, technology and innovation.

2. The functions of the Science, Technology and Innovation Advisory Board will be as follows:

a) Advising the Ministry of Science and Innovation in the elaboration and reporting of the proposals of the Spanish Strategy for Science and Technology and the Spanish Innovation Strategy.

b) Advise the Ministry of Science and Innovation in the elaboration and report of the proposals of the State Plan for Scientific and Technical Research and the State Plan of Innovation.

c) Propose own objectives and modifications for incorporation to the instruments referred to in paragraphs (a) and (b) above, and know their subsequent development through annual reports.

(d) Advise the Governments of the State and the Autonomous Communities and the Council of Scientific, Technological and Innovation Policy in the performance of their duties, and report on the matters they determine.

e) Promote the introduction into the Spanish System of Science, Technology and Innovation of rigorous evaluation mechanisms to measure the social effectiveness of the public resources used.

3. The Scientific, Technological and Innovation Policy Council will determine the number of members of the Advisory Board, in which members of the scientific and technological community of recognized international prestige will be represented, as well as the business associations and the most representative trade unions. At least two-thirds of the members of the Advisory Board shall belong to the category of prominent members of the scientific, technological or innovative community. It shall also designate the members and appoint the person holding the Presidency of the Advisory Board, which shall have recognised prestige in the field of scientific and technical research or innovation.

4. The Science, Technology and Innovation Advisory Board is attached to the Ministry of Science and Innovation. By Royal Decree, on a proposal from the Advisory Board itself and after being approved by a qualified majority of its members, its rules of organization and operation shall be adopted which will respond to the principles of quality, independence and transparency.

Article 10. Spanish Research Ethics Committee.

1. The Spanish Research Ethics Committee, attached to the Council for Scientific, Technological and Innovation Policy, is hereby established as a collegiate, independent and consultative body on matters related to professional ethics in the scientific and technical research.

2. These are the functions of the Spanish Research Ethics Committee:

a) Issue reports, proposals and recommendations on matters related to professional ethics in scientific and technical research.

b) Establish the general principles for the development of codes of good practice in scientific and technical research, which will include the resolution of conflicts of interest between public and private activities. These codes will be developed by the Research Ethics Committees and by the Bioethics Committee of Spain.

c) Represent Spain in forums and supranational and international organizations related to the ethics of research, except in the field of bioethics in which the representation of Spain will be the responsibility of the Bioethics Committee of Spain.

d) To promote the creation of ethics commissions linked to the implementing agents of the Spanish System of Science, Technology and Innovation.

e) Develop an annual activity memory.

f) Other than the Council of Scientific, Technological and Innovation Policy or the law of development of this law.

3. The Scientific, Technological and Innovation Policy Council will determine the number of members of the Spanish Research Ethics Committee. These will be appointed by the President of the Council, with the following distribution: half on a proposal from the Autonomous Communities and the other half on a proposal from the General Administration of the State.

4. By royal decree, on a proposal from the Council for Scientific, Technological and Innovation Policy, its rules of organization and operation will be approved, which may establish the constitution of specialized committees within it.

5. The members of the Committee, who shall be recognised as experts at international level, shall have a four-year term of office, renewable for one time, unless they replace another previously appointed member before the expiry of the deadline, in which The term of office shall be for the period of time until the end of four years following the appointment of the original member, without prejudice to the possibility of renewal.

6. Member renewal shall be carried out by halves every two years, except for the first renewal, which shall be carried out by lot.

7. The members of the Committee shall cease for the following

:

a) expiration of your command;

(b) waiver, which shall have effects by mere notification to the Scientific, Technological and Innovation Policy Council;

(c) separation agreed by the Council on Scientific, Technological and Innovation Policy, after hearing the person concerned, for permanent incapacity for the exercise of his duties, serious failure to fulfil his obligations, Overcoming or processing for intentional crime. For these purposes, the opening order of the oral judgment shall be treated as the order of processing.

8. The members of the Committee shall act independently of the authorities who have proposed or appointed them, and may not belong to the governing bodies of the General Administration of the State, Autonomous Communities or Local Entities, to the Courts. General or the Legislative Assemblies of the Autonomous Communities.

Article 11. Information System on Science, Technology and Innovation.

1. Under the Ministry of Science and Innovation, the Information System on Science, Technology and Innovation is created as an instrument for collecting data and analysis for the elaboration and monitoring of the Spanish Strategy of Science and Technology, the Spanish Innovation Strategy, and its development plans.

2. The Ministry will promote the design of a unified and homogeneous information system prior to the agreement of the Council of Scientific, Technological and Innovation Policy. Information from the General Administration of the State and the Autonomous Communities may be consulted by the General Administration of the State.

3. The agents of the Spanish System of Science, Technology and Innovation will cooperate by providing information on their scientific and technical research activities, which will be requested in accordance with the criteria approved by the Council of Scientific, Technological and Innovation Policy. These criteria must respect the competence of the different administrations and the rules on confidentiality and privacy of the information.

4. The Information System on Science, Technology and Innovation will be articulated with the systems of the Autonomous Communities, in order to facilitate the homogeneity of data and indicators. The General Administration of the State, as well as the Autonomous Communities, may consult the information stored in all these systems.

5. Compliance with the criteria and procedures for the exchange of information may be considered as a requirement for the participation of the agents required in the public administration calls.

TITLE II

Human resources dedicated to research

CHAPTER I

Investigating staff at the service of public universities, public research bodies and research bodies of other public administrations

Section 1. General Provisions

Article 12. Scope of application.

The provisions of this section will apply to the research staff who provide their services in the public universities, in the Public Research Bodies of the General Administration of the State and in the Research bodies of other public administrations, with the exception of the powers of the Autonomous Communities in these areas and the rest of the applicable legislation.

Article 13. Research staff.

1. For the purposes of this law, it is considered a research staff who, being in possession of the required degree in each case, carries out a research activity, understood as the creative work done in a systematic way to increase the volume of knowledge, including those relating to human, culture and society, the use of such knowledge to create new applications, their transfer and their dissemination.

It will be considered as research staff the teaching and researcher staff defined in the Organic Law 6/2001, of 21 December, of Universities, among whose functions are to carry out research activities.

2. The investigating staff may be connected with the public university or the Agency for which it provides services through a relationship subject to administrative law or employment law, and may be a career official, acting official or fixed or temporary work staff, in accordance with Article 8 of Law 7/2007 of 12 April, of the Basic Staff Regulations.

3. The investigating staff shall be governed by the provisions of Law 7/2007 of 12 April, as provided for in this law, and shall be governed by the rules of public service development that apply to it.

4. The investigative staff of a work nature will be governed by the provisions of this law, in the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, and its implementing rules, and in the conventional standards. It shall also be governed by the provisions of Law 7/2007 of 12 April, which apply to it.

5. However, the investigating staff at the service of the public universities will be governed by the provisions of the Organic Law 6/2001 of 21 December, and its implementing regulations, in the royal decree that approves the status of the teaching staff and university researcher, in the statutes of the Universities, in the provisions that the Autonomous Communities dictate in virtue of their competences, in Law 7/2007, of April 12, in the Royal Legislative Decree 1/1995.

Article 14. Rights of the investigating staff.

1. The research staff who provide services in public universities, in Public Research Bodies of the General Administration of the State or in Research Bodies of other Public Administrations will have the following rights:

a) To formulate research initiatives, through the appropriate organs or organizational structures.

b) To determine freely the methods of problem solving, within the framework of recognized ethical practices and principles and the applicable rules on intellectual property, and taking into account possible limitations arising from the circumstances of the investigation and the environment, the monitoring, guidance or management activities, the budgetary constraints or the infrastructure.

c) To be recognized and protected in the authorship or co-authorship of the scientific works in which I participated.

(d) Respect for the principle of gender equality in the performance of its investigative functions, in the recruitment of personnel and in the development of their professional career.

e) To full integration into the research teams of the entities for which it provides services.

(f) to have the appropriate means and facilities for the development of their functions, within the limits of the application of the principles of effectiveness and efficiency in the allocation, use and management of such functions; facilities and facilities by the entities for which it provides services, and within the available budgetary resources.

g) To the consideration and respect of their scientific activity and their assessment in accordance with public, objective, transparent and pre-established criteria.

h) To use the name of the entities for which it provides services in carrying out its scientific activity.

(i) to participate in the profits obtained by the entities for which it provides services, as a result of the eventual exploitation of the results of the research, development or innovation activity in which it has participated. Such participation shall in no case have the consideration of remuneration or salary for the research staff.

(j) to participate in the programs favoring the reconciliation between the personal, family and work life that the entities for which it provides services are put into practice.

k) To their professional development, through access to continuous training measures for the development of their skills and competences.

l) To geographical, inter-sectoral and interdisciplinary mobility, to strengthen scientific knowledge and the professional development of the research staff, in the terms provided for in this law and in the rest of the regulations applicable.

2. These rights shall be without prejudice to those laid down by Law 7/2007 of 12 April, as well as to the other rights resulting from the application of the investigating staff, depending on the type of entity for which it provides services and the activity performed.

Article 15. Duties of the investigating staff.

1. The duties of the research staff who provide services in public universities, in Public Research Bodies of the General Administration of the State or in research bodies of other Public Administrations will be the following:

a) Observe the recognized ethical practices and ethical principles corresponding to their disciplines, as well as the ethical standards collected in the various applicable deontological codes.

(b) To bring to the attention of the entities for which services are provided all the findings, discoveries and results that are susceptible of legal protection, and to collaborate in the processes of protection and transfer of the results of their investigations.

c) Spread the results of your investigations, if any, as indicated in this law.

d) Participate in the meetings and activities of the governing and management bodies of which it is a part, and in the assessment and improvement processes for which it is required.

e) Procurating that their work is relevant to society.

f) Adopt the necessary measures to avoid plagiarism.

g) To step up their research towards the achievement of the strategic objectives of the entities for which it provides services, and to obtain or collaborate in the processes of obtaining the necessary permits and authorizations before start their work.

(h) Inform the entities for which it provides services or which finance or monitor its activity of potential delays and redefinitions in the research projects for which it is responsible, as well as the completion of the projects, or the need to abandon or suspend projects ahead of schedule.

i) To report on their work to the entities for which they provide services or to finance or supervise their activity, and to take responsibility for the effective use of the funding of the research projects that they develop. To this end, it must observe the principles of sound financial management, transparent and effective, and cooperate in audits on its investigations that come under the current rules.

j) Use the name of the entities for which it provides services in carrying out its scientific activity, in accordance with the internal rules of those entities and the agreements, covenants and conventions that they subscribe to.

k) Follow at all times safe working practices in accordance with applicable regulations, including taking the necessary precautions in the field of occupational risk prevention, and ensuring that the staff in charge comply with these practices.

l) Adopt the necessary measures for compliance with applicable data protection and confidentiality regulations.

2. These duties shall be without prejudice to those laid down by Law No 7/2007 of 12 April, as well as to the other duties resulting from the application of the investigating staff, depending on the type of entity for which it provides services and the activity performed.

Article 16. Criteria for the selection of research staff.

1. The procedures for the selection of research staff shall ensure the constitutional principles of equality, merit and capacity, and shall be carried out in accordance with the provisions of Law 7/2007 of 12 April, and in the rest of the legal system, in such a way as to allow for transparent, open, equal and internationally recognised professional development.

In the case of Public Research Bodies, the Public Employment Offer will contain the forecasts for coverage of the precise positions of career and fixed career civil servants.

2. The selection processes of the research staff shall respect the principles of:

a) Advertising of the calls and their bases.

b) Transparency.

c) Imbias and professionalism of the members of the selection bodies.

d) Independence and technical discretion in the performance of the selection bodies.

e) Adequation between the content of the selective processes and the functions or tasks to be developed.

f) Agility, without prejudice to objectivity, in the selection processes.

g) No consideration shall be given to any interruptions in the research career and its effects on the candidates ' curricula.

3. In the selective processes of internal promotion of the Public Research Bodies of the General Administration of the State and of the Research Bodies of other Public Administrations, the quality and relevance of the the results of the research activity and, where appropriate, the implementation of those activities.

4. The processes of selection of research staff providing services at the University will be governed by the provisions of the Organic Law 6/2001 of 21 December and its implementing legislation.

Article 17. Mobility of research staff.

1. Public Universities, Public Research Bodies of the General Administration of the State, Research Bodies of other Public Administrations and National Health System centers or linked or agreed with promote geographical, inter-sectoral and interdisciplinary mobility, as well as mobility between the public and private sectors in the terms set out in this Article, and recognise their value as a means of strengthening knowledge scientists and the professional development of the research staff. This recognition shall be carried out by means of the assessment of mobility in the selection and professional assessment processes in which such staff participate.

To this end, mobility and the exchange of researchers between different implementing agents, public and private, will be enhanced in the Spanish sphere, within the framework of the European Union and in the framework of the cooperation agreements. international reciprocal and public-private partnership agreements, which will be developed within the framework of the Spanish Strategy for Science and Technology or the Spanish Innovation Strategy, in accordance with the terms set out in this Law and in the other applicable rules.

2. Public Universities, Public Research Bodies of the General Administration of the State, Research Bodies of other Public Administrations and National Health System centers or linked or agreed with (a) they may authorise the attachment of the research staff providing services to other public research agents, and other private non-profit agents which their governing bodies have the participation of public institutions. They may also authorise the involvement of research staff from other public research agents. In both cases, the purpose of the membership will be to carry out scientific and technical research, technological development, transfer or dissemination of knowledge, or to the management of research centres, scientific facilities or scientific programmes and projects, for the time necessary for the implementation of the research project, and after favourable report from the body of origin and in accordance with the provisions of the statutes, where appropriate, in respect of the procedure and effects of the attachment.

3. The staff of a career or fixed employment official who provide services in public universities, in Public Research Bodies of the General Administration of the State, in Research Bodies of other Administrations Public or in institutions of the National Health System or linked or concluded with a minimum age of five years may be declared in a situation of temporary surplus to be incorporated in other public servants of the System Spanish for Science, Technology and Innovation, provided that the administrative situation does not proceed of the active service.

The granting of temporary leave will be subordinated to the needs of the service and to the interest that the public university or the Agency for which it provides services will have in the performance of the works to be developed in the the entity of destination, and shall be granted, under employment contracts, for the management of research centres and scientific facilities, or scientific programmes and projects, for the development of scientific and technical research tasks, technological development, transfer or dissemination of knowledge related to the the activity of the research staff to be carried out at the public university or the Agency of origin. For such purposes, the unit of the public university or the Agency of origin in which it provides services shall issue a favourable report covering the above extremes.

The duration of temporary leave may not be longer than five years, without it being possible, at the end of that period, to grant a new temporary leave for the same cause until at least two years have elapsed since reentry to the active service or entry to the job from the previous leave of absence.

During that period, the investigating staff in temporary leave will not receive remuneration for their place of origin, and shall be entitled to the reserve of the job, to their calculation for the purposes of seniority, to the personal degree consolidation in the appropriate cases according to the applicable rules, and the assessment of the research activity where appropriate.

If before the end of the period for which the temporary leave has been granted, the surplus shall not apply for re-entry to the active service or, where appropriate, the return to his post, shall be declared ex officio in situation of voluntary leave of absence of particular interest or similar situation for the labour force which does not involve the reserve of the job, allowing at least the possibility of applying for entry back to the public university or Body of origin.

4. The staff of a career or fixed employment official who provide services in public universities, in Public Research Bodies of the General Administration of the State, in Research Bodies of other Administrations Public or in centres of the National Health System or linked or concluded with a minimum age of five years may be declared in a situation of temporary leave for a maximum period of five years, to be incorporated into private agents Implementation of the Spanish System of Science, Technology and Innovation, or agents international or foreign.

The granting of temporary leave will be subordinated to the needs of the service and to the interest that the public university or the Agency for which it provides services will have in the performance of the works to be developed in the the entity of destination, and shall be granted, under employment contracts, for the management of research centres and scientific facilities, or scientific programmes and projects, for the development of scientific and technical research tasks, technological development, transfer or dissemination of knowledge related to the the activity of the research staff to be carried out at the public university or the Agency of origin. In addition, the public university or the Agency of origin must maintain a legal relationship with the agent of destination through any valid instrument in law that permits the existence of the existing link, related to the work that the research staff will be carrying out. For such purposes, the unit of the public university or the Agency of origin for which it provides services shall issue a favourable report covering the above extremes.

The duration of temporary leave may not be longer than five years, without it being possible, at the end of that period, to grant a new temporary leave for the same cause until at least two years have elapsed since reentry to the active service or entry to the job from the previous leave of absence.

During that period, the investigating staff in temporary leave will not receive remuneration for their place of origin, and will be entitled to the reserve of the job and to the evaluation of the research activity, if applicable.

The research staff in temporary leave will have to protect the knowledge of the research teams according to the rules of intellectual and industrial property, to the norms applicable to the University public or the Agency of origin, and the agreements and conventions which they have concluded.

If before the end of the period for which the temporary leave has been granted, the public employee will not apply for re-entry to the active service or, where appropriate, the reinstatement to his or her job, will be declared on a voluntary basis of interest or a similar situation for the labour force which does not involve the reserve of the job, allowing at least the possibility of applying for membership back to the University of public or Source Body.

5. The research staff who provide services in public universities, in Public Research Bodies of the General Administration of the State, in research organizations of other public administrations or in centers of the National System Health or related or concerted with it, may be authorized by these for the realization of training stays in centers of recognized prestige, both in national territory and abroad.

The granting of the authorization will be subordinate to the needs of the service and to the interest that the public university or the Agency for which the research staff provides services has in the realization of the studies that will to do the data subject. To this end, the unit of the public university or the Agency of origin in which it provides services shall issue a favourable report covering the above.

The authorization of the training stay will be granted for the extension of the training in subjects directly related to the activity of scientific and technical research, technological development, transfer or diffusion of the knowledge that the research staff will be carrying out at the public university or the Agency of origin, or in those considered to be of strategic interest to the Public University or the Agency. The research staff shall retain their remuneration.

The cumulative duration of the authorizations granted to each investigator every five years shall not exceed two years.

6. The conditions for granting the surplus provided for in paragraphs 3 and 4 of this Article in the field of research centres and structures of the Autonomous Communities shall be established by the Autonomous Community concerned, in the field of its competences. Failing this, the conditions laid down in paragraphs 3 and 4 above shall be applied in a supplementary manner.

7. The research staff assigned to public universities will be governed, in addition to the provisions of this article, by the Organic Law 6/2001 of 21 December, and its implementing regulations.

Article 18. Authorisation to provide services in commercial companies.

1. Public Universities, the Ministry of Territorial Policy and Public Administration in the case of Public Research Bodies of the General Administration of the State, or the competent authorities in the case of System Centers National of Health or related or concerted with it, or of research bodies of other Public Administrations, may authorize the research staff to provide services, through a contract of work part-time and duration determined in commercial companies created or participated by the entity for which the Staff provide services. This authorisation shall require the prior justification, duly substantiated, of the participation of the research staff in a performance related to the technical scientific priorities set out in the Spanish Strategy for Science and Technology or in the Spanish Innovation Strategy.

2. Compatibility awards may not change the day or time of the initial job of the person concerned, and shall be automatically without effect in the event of a change of position in the public sector.

3. The limitations laid down in Articles 12 (1) (b) and (d) and 16 of Law 53/1984 of 26 December 1984 on the incompatibilities of staff at the service of public administrations shall not apply to the investigating staff of their staff. services in companies which believe or in which the entities referred to in this Article are involved, provided that such derogation has been authorised by public universities, the Ministry of Territorial Policy and Public Administrations or the competent authorities of the Public Administrations as appropriate.

Article 19. Scientific and technological collaborators.

Public financing agents and their bodies, agencies and entities may temporarily, in full or in part, be assigned a career civil servant who is a researcher, an expert in technological development or specialist in the field of research, to assist in the task of drawing up, managing, monitoring and evaluating scientific and technical research programmes, subject to the authorisation of the competent bodies and the that the research staff provide their services.

Section 2. Contracting of work-related research staff

Article 20. Contractual modalities.

1. The specific work contract modalities of the research staff are as follows:

a) pre-doctoral contract;

b) contract of access to the Spanish System of Science, Technology and Innovation;

c) distinguished investigator contract.

The legal regime applicable to these forms of employment contract will be the one established in this law and its implementing rules, and the provisions of the recast text of the Law of the Statute will be applied in its defect. of the Workers, and in their standards of development.

2. They may recruit research staff through the specific work contract modalities set out in this section the following entities:

(a) The Public Research Bodies of the General Administration of the State and the Research Bodies of other Public Administrations.

(b) Public universities, only when they are recipients of funds whose destination includes the recruitment of research staff or for the development of their own R & D + i programmes.

In addition, the entities mentioned may recruit research personnel through the modalities of the contract of employment established by the Recast Text of the Law of the Workers ' Statute.

The provisions of this paragraph shall be without prejudice to the fact that it is for the Autonomous Communities that they have assumed the exclusive competence for the regulation of their own institutions and structures. Research on the definition and regulation of the recruitment regime for research staff in their own research centres and structures within the framework of existing labour law.

3. In the case of public research bodies, fixed-term employment contracts, in any of their forms, shall be subject to the provisions laid down by the corresponding annual budget laws in respect of the authorizations to perform these types of contracts. Fixed contracts shall be subject to the provisions of the Public Employment Offer.

4. The achievement of the doctorate degree will bring an end to the stage of training of the research staff, and from then on the post-doctoral stage will begin. The initial phase of this phase is geared to the improvement and professional specialization of the research staff, and it will be possible to develop, among other mechanisms, by means of mobility processes and by means of employment contracts of duration determined.

5. The aid programmes of the public authorities which are intended to carry out research tasks under the provision of services by research staff other than a fixed employment or career official shall require the employment of staff by the entities receiving the aid for which they are to provide services.

Article 21. Pre-doctoral contract.

Work contracts under the pre-doctoral contract mode will be concluded according to the following requirements:

(a) The contract will aim to carry out research tasks, in the field of a specific and novel project, for those who are in possession of the degree of licentiate, engineer, architect, university graduate with at least 300 ECTS (European Credit Transfer System) credits or university masters, or equivalent, and have been admitted to a PhD programme. This staff will have the consideration of pre-doctoral research staff in training.

(b) The contract shall be concluded in writing between the pre-doctoral research staff in training, in their capacity as a worker, and the public university or research body which holds the research unit, in their capacity of an employer, and must be accompanied by a written admission to the doctoral programme issued by the unit responsible for the programme, or by the PhD or postgraduate school where appropriate.

c) The contract will be of a given duration, with full-time dedication.

The duration of the contract shall be one year, renewable for annual periods prior to the favourable report of the academic commission of the doctoral programme, or in the case of the doctoral school, for the duration of its stay. in the program. In no case shall the cumulative duration of the initial contract plus any extensions exceed four years.

However, where the contract is made with a person with a disability, the contract may reach a maximum duration of six years, including extensions, taking into account the characteristics of the research activity and the extent of the limitations in the activity.

No worker may be employed in this mode, in the same or different entity, for a period of more than four years, except in the case of persons with disabilities referred to in the preceding paragraph for whom the time shall not exceed six years.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and parenthood, will suspend the computation of the duration of the contract.

(d) The remuneration of this contract may not be less than 56 per 100 of the salary set for the equivalent categories in the collective agreements of its scope for the first two years, at 60 per 100 during the third year, and 75 per 100 for the fourth year. It shall also not be less than the minimum inter-professional salary established each year, according to Article 27 of the recast of the Law on the Staff Regulations.

Article 22. Contract of access to the Spanish System of Science, Technology and Innovation.

1. The contracts for access to the Spanish System of Science, Technology and Innovation shall be concluded in accordance with the following requirements:

(a) They may only be concerned with those who are in possession of the Doctor's Degree or equivalent, without the limits of five years, or of seven years when the contract is designed with a worker with a disability, to be applied; referred to in Article 11.1 of the Staff Regulations.

b) The work to be carried out will primarily consist of the carrying out of research tasks, aimed at obtaining by the research staff a high level of improvement and professional specialization, which lead to the consolidation of your professional experience.

(c) The duration of the contract may not be less than one year, or exceed five years. Where the contract has been concluded for a duration of less than five years, it may be extended successively without, under any circumstances, any period of grace to be shorter than the year.

No worker may be hired by this mode, in the same or different entity, for a time exceeding five years.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and parenthood, will suspend the computation of the duration of the contract.

(d) The remuneration of this contract may not be lower than that which corresponds to the research staff carrying out similar activities.

e) The research staff who are recruited under this Article may provide complementary collaborations in teaching assignments related to the proposed research activity, up to a maximum of 80 annual hours, after agreement with the department involved, with the approval of the entity for which it provides services, and with submission to the current regulations of incompatibilities of the staff at the service of the administrations Public.

(f) As not provided for in this Article, Article 11.1 of the Staff Regulations shall apply.

2. From the end of the second year of contract, the research staff hired by public universities, Public Research Bodies of the General Administration of the State or Research Bodies of other administrations Public under this modality will be able to subject to evaluation the research activity developed. The evaluations shall take into account criteria of excellence, shall be carried out in accordance with the rules of the University or the Contracting Body, and shall have an external report which shall be binding in the event of negative results, and which shall be carried out by:

(a) the National Agency for the Evaluation of Quality and Accreditation (ANECA) or the equivalent body of external evaluation that the law of the Autonomous Community determines, in the case of research personnel hired by universities public;

(b) the National Agency for Assessment and Prospective (ANEP) or the equivalent body to be determined within the State Research Agency, in the case of research personnel hired by Public Bodies Investigation by the General Administration of the State;

(c) the organ equivalent to ANEP in the Autonomous Communities, or in its absence ANEP, when the research staff has been recruited by research bodies from other public administrations different from the General Administration of the State.

3. In the selective processes of fixed labor personnel that are called by the public universities, by the Public Research Bodies of the General Administration of the State, and by the research organizations of other administrations Public, the evaluation that is overcome in the contract of access to the Spanish System of Science, Technology and Innovation will be taken into account for the effects of its assessment as merit researchers in these selective processes.

The research work carried out by the permanent staff of the workforce will in any case be subject to the current regulations. The remuneration corresponding to this type of fixed labour force shall be fixed, where appropriate, within the limits laid down by the laws of the budget, by the body responsible for remuneration without, in any event, the remuneration model established for the official investigating staff.

The fixed staff employed under this section by the public universities will have the consideration of teaching staff and researchers for the purposes of the development of the research function.

4. In addition, in the case of providing services for public universities, the assessment will be taken into account for the purposes of consideration of the merits of the researchers in the positive assessment required for recruitment as a hired teacher. According to Article 52 of the Organic Law 6/2001, of 21 December.

5. If the assessment is negative, the investigating staff may submit the research activity carried out to a second and final evaluation before the end of the contract or its extensions, which from being exceeded shall entail the effects indicated in paragraphs 3 and 4 of this Article.

Article 23. Distinguished investigator contract.

The contracts of work under the modality of distinguished researcher will be able to be held with Spanish or foreign researchers of recognized prestige in the scientific and technical field, who are in possession of the title of doctor or equivalent, according to the following requirements:

(a) The object of the contract shall be the carrying out of research activities or the management of human equipment, research centres, scientific and technological installations and programmes of great relevance in the the area of knowledge in question, in the framework of the employer's functions and objectives.

b) The contract will have the duration that the parties agree to.

(c) The length of the working day, times, parties, permits and holidays shall be those set out in the terms of the contract.

(d) Contracted research staff may not enter into employment contracts with other entities, except express authorisation of the employer or written agreement to the contrary, and without prejudice to respect for the rules on incompatibilities of staff.

e) The contract will be submitted to the target tracking system that the employer establishes.

(f) The contract may be terminated by withdrawal from the employer, in writing with a notice of three months, without prejudice to the possibility of termination of the contract by the employer for reasons of origin. In the case of a total or partial failure to comply with the notice, the contract staff shall be entitled to compensation equivalent to the wages corresponding to the duration of the missed period.

In the event of withdrawal of the employer, the contract staff employed shall be entitled to receive the compensation provided for the wrongful dismissal in the recast of the Law of the Workers ' Statute, without the damage to which it may correspond to a total or partial failure to comply with the notice.

CHAPTER II

Specificities applicable to personnel serving the Public Research Bodies of the General Administration of the State

Section 1. Personal Investigator at the Service of the Public Research Bodies of the General Administration of the State

Article 24. Scope of application.

As a consequence of the singularities that contribute to the development of the research staff of the research staff at the service of the Public Research Bodies of the General Administration of the State, in this section the peculiarities applicable to such staff referred to in Article 2.2 of Law 7/2007 of 12 April are regulated.

In the absence of this law, it will apply to the investigative staff the provisions of Law 7/2007, of 12 April, in the Recast Text of the Law of the Workers ' Statute and its regulations of development, and in the regulatory provisions of the public function of the General Administration of the State to be approved for the rest of the public employees.

Article 25. Professional career of the official investigating staff.

1. Career civil research staff at the service of the Public Research Bodies of the General Administration of the State will be entitled to the professional career, understood as the ordered set of opportunities for promotion and expectations of professional progress, in accordance with the principles of equality, merit and capacity.

2. The research staff of the career civil servants at the service of the Public Research Bodies of the General Administration of the State are grouped together on the following scientific scales:

a) Research Professors of Public Research Bodies.

b) Scientific Researchers from Public Research Bodies.

c) Scientific Research Public Bodies.

The scientific scales will have the same remuneration, selection and promotion regime. The staff belonging to these scales will have full investigative capacity.

3. The career civil servant staff shall consolidate the personal level corresponding to the level of his/her job in accordance with the general rules of the civil service.

4. The Government will establish a target system that will allow the evaluation of the performance of the career civil research staff at the service of the Public Research Bodies of the General Administration of the State, in order to enable the horizontal professional career as provided for in Article 17 of Law 7/2007 of 12 April. This system will determine the effects of the assessment on the horizontal professional career, the training, the provision of jobs and the perception of the additional remuneration provided for in Article 24 of Law 7/2007, of 12 April.

Performance assessment systems, for the purposes of professional career, shall be in accordance with criteria of transparency, objectivity, impartiality and non-discrimination, shall be applied without prejudice to the rights of the investigating staff official, and will have an individualized treatment.

5. For the purposes of the horizontal professional career, the performance assessment shall take into account the merits of the research staff in the fields of research, technological development, management, management or knowledge transfer. The evaluation shall include the activities and tasks carried out throughout the entire professional career of the research staff.

The recognition of such merits shall have the economic effects provided for in the regulations in force for the additional remuneration related to the degree of interest, initiative or effort with which the official performs his/her duties. work and the performance or results obtained.

Consequently, in the specific complement, in addition to the ordinary component, which will correspond to the one assigned to the job performed, a component is recognized by merit researchers. For such purposes, the investigating staff shall be able to carry out the activity carried out in Public Research Bodies of the General Administration of the State on a full-time basis every five years. or equivalent period if it has provided service on a part-time basis. The staff will acquire and consolidate a specific complement component on merit for each of the favourable assessments.

In addition, career research staff will be able to submit the research activity carried out every six years on full-time dedication, or equivalent period if they have provided service on the basis of part-time work, an assessment in which the performance of the work carried out during that period will be judged. The staff will acquire and consolidate a component of the productivity supplement for each of the favorable assessments.

Article 26. Access to public employment and internal promotion.

1. The offer of public employment, approved each year by the Government for the General Administration of the State, will contain the forecasts of coverage of the places with precise budgetary allocation of investigating staff official at the service of the Public Research Bodies of the General Administration of the State through the incorporation of new income personnel, as well as those of fixed labor research personnel.

It will be up to the Public Research Bodies to set up the selection bodies and to carry out the selective processes.

2. They may participate in the selective processes of access to the status of career civil research staff, provided that they hold the Doctor's Degree or equivalent and meet the other requirements of the call for access:

a) The Spaniards.

(b) nationals of other Member States of the European Union.

(c) The spouses of Spaniards and nationals of other Member States of the European Union, provided that they are not separated from the law, and their descendants and those of their spouse, provided that they are not separated from the law when are less than twenty-one or older years of age dependent.

d) Foreigners with legal residence in Spain.

(e) Foreigners falling within the scope of the Treaties concluded by the European Union and ratified by Spain in which the free movement of workers is applicable.

However, neither nationals of other Member States of the European Union nor foreigners will be able to access those public jobs which directly or indirectly involve participation in the exercise of public power, or in the case of functions which are intended to safeguard the interests of the State or of public administrations.

3. The selection of career or interim staff shall be carried out by the selection bodies specified in each call.

They may be part of the selection bodies of those Spaniards or foreigners, whether or not they have a service relationship with the Public Research Agency and regardless of the type of relationship, which can be considered professionals of recognised scientific or technical prestige in the field concerned.

4. The selective system of access to public employment in the Public Research Bodies of the General Administration of the State will be the contest based on the assessment of the curriculum of the research staff, which will take into account the adequacy of the skills and abilities of the candidates to the characteristics of the priority lines of research, and the functions of the scales or places they intend to access.

Foreign nationals and nationals of other European Union Member States will be able to conduct the tests in English.

5. Admission to the scientific scales shall be carried out, through the appropriate selective processes, through a free shift to which the holders of the Doctor's Degree or equivalent may access and satisfy the requirements referred to in the previous numbers, and an internal promotion shift.

For access to the Scale of Scientific Researchers of Public Research Bodies, the official staff belonging to the Scale of the Scientific and Scientific Research Authorities will be able to participate in the internal promotion shift. Public Research Bodies.

For access to the Research Teachers ' Scale of Public Research Bodies, official staff belonging to the Escalas of Scientific Researchers of the Research and Research Council will be able to participate in the internal promotion shift. Public Research and Scientific Bodies of Public Research Bodies.

In addition, in the selective processes called for access to the Scale of Scientific Research Public Bodies, it will be possible to participate in the internal promotion shift the research staff hired as The government of the General Administration of the State of the State in accordance with Article 22.3 of this Law.

In addition, the selective processes of access to the scientific scales will be able to provide for the participation of career civil servants of the university teaching bodies at the service of the public universities, and of staff hired as a permanent employment staff by public universities in accordance with Article 22.3 of this Law, in the internal promotion shift.

The internal promotion will be carried out through selective processes that guarantee compliance with the constitutional principles of equality, merit and capacity, as well as those referred to in article 55.2 of Law 7/2007, of 12 of April. The staff who access the internal promotion shift must have the required requirements for admission, have at least two years of service in the condition of employed or permanent staff, or two years of employment. active service on the scale or body of provenance in the case of career civil servants, and to overcome the corresponding selective processes.

6. Internal promotion processes may be foreseen between the technical and scientific scales of the same subgroup as provided for in Article 76 of Law 7/2007 of 12 April to facilitate the development of the personal professional career.

7. The Public Research Bodies of the General Administration of the State may hire temporary staff for specific scientific and technical research projects in accordance with the article. 15.1.a) of the Recast Text of the Law of the Workers ' Statute.

Section 2. Research Personnel at the Service of the Public Research Bodies of the General Administration of the State

Article 27. Research staff.

1. Research staff of the Public Research Bodies of the General Administration of the State shall be considered to be the research staff and the technical staff.

2. The professional career and the legal regime governing the law of public service management of the General Administration of the State and its implementing regulations shall apply to the technical personnel at the service of the agencies. Public Research of the General Administration of the State.

3. In any event, the professional career and the legal regime governing the law of public service management of the General Administration of the State and its implementing regulations shall apply to the official personnel belonging to bodies or bodies. scales not included in the scope of this law, which provides services in the Public Research Bodies of the General Administration of the State.

Article 28. Rights and duties of the technical staff at the service of the Public Research Bodies of the General Administration of the State.

1. Articles 16.1 and 2 of this Law shall apply to the technical personnel at the service of the Public Administration of the State Administration of Investigation. In addition, they will be applicable to the technical staff of career or employment officers who have fixed the 17, 18 and 19 articles of this law at the service of the Public Administration of Investigation of the General Administration of the State.

2. The following rights shall be granted by the technical staff providing services in Public Research Bodies of the General State Administration:

(a) to determine freely the methods of problem solving, within the framework of the practices and the ethical principles recognised and the applicable rules on intellectual property, and taking into account possible limitations arising from the circumstances of the activity and the environment, the monitoring, guidance or management activities, the budgetary constraints or the infrastructure.

b) To be recognized and protected in the authorship or co-authorship of the technical works in which you participate.

c) Respect for the principle of gender equality in the performance of their duties, in the recruitment of staff and in the development of their professional career.

(d) to have the appropriate means and facilities for the development of their functions, within the limits of the application of the principles of effectiveness and efficiency in the allocation, use and management of such functions; facilities and facilities by the entity for which it provides services, and within the available budgetary resources.

e) To the consideration and respect of their activity.

f) To use the name of the entities for which it provides services in the performance of its activity.

g) To participate in the benefits obtained by the entities for which it provides services, as a consequence of the eventual exploitation of the results of the activity in which the technical staff has participated. These benefits will not in any case have a salary or salary for the technical staff.

h) To participate in the programs that favor the reconciliation between personal, family and work life that the entities for which it provides services are implemented.

i) To their professional development, through access to continuous training measures for the development of their skills and competences.

These rights will be without prejudice to those established by Law 7/2007 of 12 April, as well as to the other rights that apply to technical personnel, depending on the type of entity for which the services and the activity performed.

3. The duties of the technical staff providing services in Public Research Bodies of the General Administration of the State shall be as follows:

a) Observe the recognized ethical practices and ethical principles corresponding to their disciplines, as well as the ethical standards collected in the various applicable deontological codes.

(b) To bring to the attention of the entities for which services are provided all the findings, discoveries and results that are susceptible of legal protection, and to collaborate in the processes of protection and transfer of the results of your activity.

c) Participate in the meetings and activities of the governing and management bodies of those who are part and in the assessment and improvement processes for which they are required.

d) To make sure that their work is relevant to society.

e) Use the name of the entities for which it provides services in the performance of its business, in accordance with the internal rules of those entities and the agreements, covenants and conventions that they subscribe to.

f) Follow at all times safe working practices in accordance with the applicable regulations, including taking the necessary precautions in the field of occupational risk prevention, and ensuring that the staff in charge of the work comply with these practices.

g) Adopt the necessary measures for compliance with applicable data protection and confidentiality regulations.

These duties shall be without prejudice to those laid down by Law 7/2007 of 12 April, as well as to the other duties resulting from the application of the technical staff, depending on the type of entity for which it provides services and the activity performed.

Article 29. Technical staff official at the service of the Public Research Bodies of the General Administration of the State.

1. The scales of the career technical staff at the service of the Public Research Bodies of the General Administration of the State are as follows:

a) Technologists from Public Research Bodies.

b) Specialist Senior Technical Research Bodies.

c) Senior Defense Scientists.

d) Specialized technicians of Public Research Bodies.

e) Research Assistant to Public Research Bodies.

f) Research Auxiliary of Public Research Bodies.

2. Internal promotion processes may be foreseen between the technical and scientific scales of the same subgroup as provided for in Article 76 of Law 7/2007 of 12 April to facilitate the development of the personal professional career.

Article 30. Recruitment of technical staff for the implementation of specific scientific and technical research projects.

Public Research Bodies of the General Administration of the State will be able to hire temporary technical personnel for the implementation of specific scientific and technical research projects according to Article 15 (1) (a) of the recast of the Workers ' Statute Act.

CHAPTER III

Specificities applicable to teaching and research staff at the service of public universities

Article 31. Access to university teaching bodies from public universities.

1. They will be able to obtain national accreditation and, consequently, to present to the competitions of access to the university teaching bodies, who hold a doctor's degree or equivalent, and meet the requirements required by the Organic Law 6/2001, 21 December, Law 7/2007 of 12 April and other applicable regulations, and corresponding calls.

2. Evaluations for obtaining national accreditation and access contests shall be carried out by commissions in which they may participate, whether or not they have a service relationship with the University and regardless of the type of relationship, Spanish experts, as well as up to a maximum of two national experts from other Member States of the European Union or foreigners. These experts should be able to be considered professionals of recognized scientific or technical prestige.

3. The staff employed by the public universities as permanent employees in accordance with Article 22.4 of this Law may be accredited to Professor Titular of University, for the purposes of the provisions of Title IX of the Organic Law. 6/2001, of 21 December, when it obtains the positive report of its teaching and research activity according to the procedure established by the Government.

Article 32. Dedication of teaching and research staff.

The public universities, in the exercise of their autonomy, will be able to establish the distribution of the dedication of the teaching and research staff to their service in each of the university's own functions established in the Organic Law 6/2001, of 21 December, always in accordance with the provisions laid down in that law and in its normative development.

TITLE III

Momentum of scientific and technical research, innovation, knowledge transfer, dissemination and scientific, technological and innovative culture

CHAPTER I

General provisions

Article 33. Measures.

1. The financing agents of the Spanish System of Science, Technology and Innovation will encourage the active participation of the public implementing agents in the development of research and in the implementation of innovation to stimulate the quality research and the generation of knowledge and its transfer, as well as to improve productivity and competitiveness, the knowledge society and social welfare from the creation of a business culture innovation. To this end they shall carry out, inter alia, the following measures:

(a) Measures for the promotion of research, development and innovation, such as the establishment of mechanisms for public-private collaboration in stable scientific research, development and innovation projects; or the promotion of the generation of new technology and scientific base companies.

(b) Measures to encourage investment in research, development and innovation activities and to stimulate cooperation between companies and between companies and research bodies, by means of legal forms of cooperation such as the economic interest groups and the temporary unions of companies in which the collaborators share investment, project execution and/or exploitation of the results of the research. These entities shall benefit from the tax incentives provided for in the legislation in force, in accordance with the requirements and conditions laid down in that legislation.

(c) Measures for the enhancement of knowledge, which will include the enhancement of transfer activity from the public executing agents through the offices of the transfer of research results, and from scientific and technological parks, technological centres and other innovation-enhancing structures, as well as the promotion of the cooperation of public implementing agents with the private sector through the instruments which establishes the legal order and, in particular, through participation in companies market in the terms provided for in Law 2/2011 of 4 March, on Sustainable Economy, with the aim of promoting business diversification and the transformation of the results of scientific and technical research into development sustainable economic and social. Knowledge transfer measures not aimed at marketing or commercial exploitation, such as the creation of common public spaces, will also be promoted.

(d) Measures for the development of the reverse transfer of knowledge, which will include the development of the players in the productive sector of their needs in order to help guide the lines and objectives of the research of research centres, in order to achieve a greater socio-economic impact.

e) Measures to promote the training and incorporation of human resources specialized in science, technology and innovation in the business sector, as well as the articulation of a quality system in science, technology and innovation that promotes innovation among economic operators.

f) Measures for the dissemination of resources and results of scientific research, development and innovation for use by all agents of the System, as well as for their protection.

g) Measures for support for research and innovation, such as the establishment of information programmes and management support needed for participation in European Union programmes or other programmes The creation of infrastructure and structures to support research and innovation; the promotion of technological centres, centres of support for technological innovation, science and technology parks, and any other entities that develop activities related to generation, shared use and dissemination of knowledge. To this end, instruments will be used to strengthen and develop their capacities, to cooperate with each other and with other research bodies, or to enhance their transfer activities to companies; or to support the border investigation.

h) Measures to support young researchers.

i) Measures to support the innovative young company.

j) Measures for the inclusion of the gender perspective as a transversal category in science, technology and innovation, and to promote a balanced presence of women and men in all areas of the Spanish System Science, Technology and Innovation.

k) Measures to strengthen the innovative role of Public Administrations through the promotion of the application of emerging technologies.

l) Measures for the promotion of units of excellence. The consideration as a unit of excellence can be accredited by the Ministry of Science and Innovation with the objective of recognizing and strengthening the research units of excellence, which contribute to situating research in Spain in a position of international competitiveness in both the public and private sectors, in the form of centres, institutes, foundations, consortia or others.

m) Measures for the promotion of research, development and innovation in environments, products and services and services aimed at the creation of an inclusive and accessible society for people with disabilities and in dependency situation.

n) Measures for the promotion of scientific, technological and innovation culture.

2. The measures indicated will be in line with their aims and will be developed on the basis of the principle of neutrality, according to which the scope of the measures will be general and will not be discriminated against by reason of the involvement of the agents or by their legal form.

Article 34. Collaboration conventions.

1. The public servants of the Spanish System of Science, Technology and Innovation, including the public universities, the Public Research Bodies of the General Administration of the State, the research organizations of others Public administrations, and the institutions and institutions of the National Health System, may sign collaboration agreements subject to administrative law. These agreements may be concluded by the public servants themselves, or with private agents engaged in scientific and technical research, national, supranational or foreign, for the joint implementation of the following agreements: activities:

a) Projects and actions of scientific research, development and innovation.

b) Creation or funding of centres, institutes and research units

c) Financing of unique scientific-technical projects.

d) Training of scientific and technical personnel.

e) Scientific and technological disclosure.

f) Shared use of buildings, facilities and material resources for the development of scientific research, development and innovation activities.

2. These agreements shall include the contributions made by the interveners, as well as the arrangements for the distribution and protection of the rights and results of research, development and innovation. The transmission of the rights to these results shall be carried out with a consideration corresponding to their market value.

3. The object of these conventions may not be in line with that of any of the contracts covered by the public sector contract law.

4. The creation of centres, institutes and research units through collaboration agreements will take into account in each case the own rules of incorporation that are applicable.

5. Agreements with foreign institutions and companies may also be held as a way to promote the internationalisation of the Spanish Science, Technology and Innovation System.

CHAPTER II

Transferring and disseminating the results of research, development and innovation and scientific, technological and innovative culture

Article 35. Recovery and transfer of knowledge.

1. Public administrations, in the field of their respective competences, will promote the recovery, protection and transfer of knowledge in order to ensure that the results of the research are transferred to society. In this same context, the reverse transfer of knowledge in projects led by the business sector in collaboration with the research entities for the development of market objectives based on the results of the research.

2. Valorization, understood as the value of the knowledge obtained through the research process, will reach all the processes that will allow the results of the research financed with public funds to be brought closer to all sectors, and will have as objectives:

a) Detect research groups that conduct scientific and technological developments with potential applications in different sectors.

b) Facilitate adequate protection of knowledge and research results in order to facilitate their transfer.

c) Establish mechanisms for the transfer of knowledge, skills and technology, with particular interest in the creation and support of technology-based companies.

(d) Promoting relations between public research centres, technology centres and enterprises, in particular small and medium-sized enterprises, with the aim of facilitating the incorporation of technological, design and management innovations, which drive increased productivity and competitiveness.

e) Promoting relationships between research centers, research personnel, and companies.

f) Creating environments that stimulate the demand for knowledge, skills and technologies generated by research, development and innovation activities.

g) Stimulating public and private initiative to mediate the transfer of knowledge generated by research, development and innovation activity.

3. The role of science and technology parks as strategic locations for the transfer of research results to the productive sectors is recognized.

Article 36. Application of private law to contracts relating to the promotion, management and transfer of results of research, development and innovation activities.

They are governed by the applicable private law, subject to the principle of freedom of covenants, and may be awarded directly, the following contracts relating to the promotion, management and transfer of results of the research, development and innovation activity, signed by the Public Research Bodies of the General Administration of the State, the Public Universities, the State Public Sector Foundations and other entities dedicated to research and dependent on the General Administration of the State:

(a) company contracts entered into on the occasion of the formation or participation in companies;

(b) collaborative contracts for the recovery and transfer of results of research, development and innovation activities;

(c) contracts for the provision of research and technical assistance services with public and private entities, for the performance of scientific and technical work or for the development of specialisation or training specific training activities. However, in the event that the recipient of the services is a public sector entity subject to Law 30/2007, of 30 October, of Public Sector Contracts, the latter must comply with the requirements of that law for the conclusion of the corresponding contract.

The transmission to third parties of rights to the results of the research activity, either the transfer of the ownership of a patent or the granting of exploitation licenses on the same, or of the transmissions and contracts relating to intellectual property shall be governed by private law in accordance with the rules of each Autonomous Community.

Article 37. Broadcast in open access.

1. The public servants of the Spanish System of Science, Technology and Innovation will promote the development of repositories, their own or shared, open access to the publications of their research staff, and establish systems that allow connect them with similar initiatives at national and international level.

2. The research staff whose research activity is financed mainly by funds from the General Budget of the State will make public a digital version of the final version of the content that has been accepted for publication in serial or periodic research publications as soon as possible, but not later than 12 months after the official date of publication.

3. The electronic version will be made public in open access repositories recognized in the knowledge field in which the research has been developed, or in institutional open access repositories.

4. The public electronic version may be used by the Public Administrations in their assessment processes.

5. The Ministry of Science and Innovation will facilitate centralised access to repositories, and their connection with similar national and international initiatives.

6. The above is without prejudice to agreements under which the rights to publications have been conferred or transferred to third parties, and shall not apply where the rights to the results of the activity of the Research, development and innovation can be protected.

Article 38. Scientific and technological culture.

1. Public Administrations shall encourage activities conducive to the improvement of the scientific and technological culture of society through education, training and dissemination, and shall adequately recognise the activities of the public authorities. Spanish System of Science, Technology and Innovation in this field.

2. The State Plans for Scientific and Technical Research and Innovation will include measures to achieve the following objectives:

a) Improving the scientific and innovative formation of society, so that all people can at all times have their own criteria for the changes that take place in their natural and technological environment.

b) Promoting scientific, technological and innovative dissemination.

c) Support the institutions involved in the development of scientific and technological culture, by encouraging and encouraging the activity of museums, planetariums and science centers.

d) Promote scientific and innovative communication by the agents of the Spanish System of Science, Technology and Innovation.

e) Protecting historical scientific and technological heritage.

f) Include scientific, technological and innovation culture as a cross-axis throughout the education system.

CHAPTER III

Internationalization of the system and development cooperation

Article 39. Internationalization of the Spanish System of Science, Technology and Innovation.

1. The international dimension will be considered as an intrinsic component in the actions to promote, coordinate and implement the Spanish Strategy for Science and Technology and the Spanish Innovation Strategy.

2. The General Administration of the State and the Autonomous Communities will promote actions to increase the international visibility and attractiveness of Spain in the field of research and innovation.

3. The General Administration of the State and the Autonomous Communities will encourage the participation of public entities, companies and other private entities in international projects, knowledge networks, and especially in the initiatives promoted by the European Union, the mobility of research staff, and the presence in international or foreign institutions linked to scientific and technical research and innovation.

4. The Ministry of Science and Innovation will articulate a monitoring system to ensure that the contributions of Spain to International Organizations in the field of research and innovation have an adequate return and impact Scientific and technical, with particular attention to the European Union Framework Programme for Research and Technological Development.

5. The public servants of the Spanish Science, Technology and Innovation System will be able to set up research centres abroad, on their own or through agreements with other national, supranational or foreign agents, which will have the structure and the regime that requires the applicable rules.

In the case of public universities, the creation of such centers will be subject to the provisions of the Organic Law 6/2001, of 21 December.

In the case of the General Administration of the State and the entities to which it is attached, the creation of research centers abroad will be in accordance with the provisions governing the General Administration of the State in the The Ministry of Finance and the Ministry of Finance and the Presidency will be prepared to obtain the favourable reports.

Article 40. Development cooperation.

1. The Public Administrations shall encourage, in collaboration and coordination with the Ministry of Foreign Affairs and Cooperation, international development cooperation in the fields of science, technology and innovation in the priority countries for Spanish cooperation and in the programmes of the international organizations in which Spain participates, in order to promote the processes of generation, use by the country itself and the use of scientific and technological knowledge to improve the living conditions, economic growth and social equity in line with the Plan Director of Spanish Cooperation.

2. Priority programmes and lines of work will be established in the framework of the Spanish Strategy for Science and Technology and the Spanish Innovation Strategy, and the transfer of knowledge and technology will be encouraged in the framework of the cooperation for the productive and social development of the priority countries for Spanish cooperation.

3. The Public Administrations shall adequately recognise the development cooperation activities carried out by the participants in the development activities.

TITLE IV

Promoting and coordinating scientific and technical research in the General Administration of the State

CHAPTER I

Governance

Article 41. Government Delegation for Science, Technology and Innovation Policy.

1. The Government's Delegation for Science, Technology and Innovation Policy will be the Government's body that will carry out the planning and monitoring of scientific, technological and innovation policy, coordination between the ministerial departments and those other tasks that this law and the government attribute to them in these matters.

2. The Government shall determine its composition and functions, and may authorise the delegation of functions which it expressly determines in other lower-level bodies.

3. The Government's Delegation for Scientific, Technological and Innovation Policy will determine the procedure for evaluating the results of the implementation of the scientific, technological and innovation policy, to which it must (a) a report with a minimum of two years, specifically covering the results of the State Plan for Scientific and Technical Research and the State Plan of Innovation.

Article 42. State Scientific and Technical Research Plan.

1. The development by the General Administration of the State of the Spanish Strategy of Science and Technology will be carried out through the State Plan of Scientific and Technical Research. This Plan shall finance the actions in the field of scientific and technical research that correspond to the priorities established by the General Administration of the State, and shall define it for a multiannual period:

a) The goals to be achieved, and their indicators of monitoring and evaluation of results.

b) Scientific-technical and social priorities, which will determine the distribution of the financial effort of the General Administration of the State.

c) The programs to be developed by the executing agents of the General Administration of the State to achieve the objectives. These programmes shall integrate the sectoral initiatives proposed by the various ministerial departments, as well as the financing and implementing agents assigned to the General Administration of the State. Each programme shall determine its duration and the entity in charge of its management and implementation.

d) The criteria and mechanisms for articulating the Plan with the sectoral policies of the Government, the Autonomous Communities and the European Union, in order to avoid redundancies and to prevent shortages in order to achieve the best making use of the available resources and achieving the greatest joint efficiency of the system.

e) The foreseeable costs for their realization and sources of financing. An estimate of the contributions of the European Union and other public or private bodies involved in the promotion actions, as well as those which, taking into account the principle of complementarity, correspond to the beneficiaries of the grants.

2. The Ministry of Science and Innovation will develop the proposal of the State Plan for Scientific and Technical Research in coordination with the competent ministerial departments, and will take into account human, economic and material resources. necessary for their development, as well as their future forecasts.

The State Plan will be approved by the Government, on a proposal from the Ministry of Science and Innovation, after a report from the Advisory Council on Science, Technology and Innovation and from the bodies that comes, and the Commission Government for Science, Technology and Innovation Policy.

3. The Government's Delegation for Scientific, Technological and Innovation Policy will establish the mechanisms for monitoring and evaluating the development of the State Plan. The results of monitoring and evaluation shall be disseminated.

4. The State Plan will be financed by funds from the General Budget of the State, which will be subject to compliance with the objective of budgetary stability and efficiency of expenditure, and with contributions from public entities and private and the European Union.

5. The State Plan may be revised annually by means of the procedure laid down therein. Revisions may result in the modification of the State Plan or its extension.

6. The State Plan for Scientific and Technical Research will have the consideration of a Strategic Plan of grants for the purposes of the provisions of Article 8 and the additional provision of Law 38/2003, of 17 November, General of grants.

Article 43. State Innovation Plan.

1. The State Innovation Plan aims to transform the knowledge generated in economic value, in order to strengthen the capacity for growth and to be able to deal more effectively with the social and global challenges posed. The Plan constitutes the multiannual reference framework for articulating the actions of the General Administration of the State in the framework of the Spanish Innovation Strategy and will establish the priority axes of the State action that will include analysis and measures relating to the modernisation of the financial environment, the development of innovative markets, people, the internationalisation of innovative activities and territorial cooperation as a fundamental basis for innovation.

2. The State Innovation Plan will include:

a) The goals to be achieved, and their indicators of monitoring and evaluation of results.

b) The priority axes of state action, as vectors for the promotion of innovation.

c) Agents, including Universities, Public Research Bodies, other R & D + i bodies such as technology centres, or companies.

d) The mechanisms and criteria for articulating the Plan with the sectoral policies of the Government, the Autonomous Communities and the European Union, in order to achieve efficiency in the system and to avoid redundancies and shortages.

e) The foreseeable costs for their realization and sources of financing.

3. The Ministry of Science and Innovation will draw up the proposal for a State Innovation Plan in coordination with the relevant ministerial departments, and take into account the human, economic and material resources necessary for its development, as well as their future forecasts.

4. The State Plan will be approved by the Government, on a proposal from the Ministry of Science and Innovation, prior to the report of the Advisory Council on Science, Technology and Innovation and of the bodies that comes, and the Delegation of Government for Policy is heard. Scientific, Technological and Innovation.

5. The State Innovation Plan will have the consideration of a Strategic Plan of Grants for the purposes of Article 8 and the additional provision of Law 38/2003 of 17 November, General grants.

Article 44. Priority axes of the State Innovation Plan.

1. The State Innovation Plan will establish the priority axes of state action, which will include analyses and measures relating to the modernisation of the financial environment, the development of innovative markets, people, the internationalisation of innovative activities, and territorial cooperation as a fundamental basis for innovation.

2. Instruments will be designed to facilitate the access of innovative companies to the financing of their activities and projects, by promoting specific lines for these purposes and by encouraging private investment in innovative enterprises.

3. Public procurement of innovative activities will be boosted, in order to align private technology supply and public demand, through actions in cooperation with the Autonomous Communities and with local authorities, according to the indicated by Law 2/2011 of 4 March of Sustainable Economy.

The competent ministerial departments will approve and publish a plan detailing their innovative and pre-commercial public purchasing policy.

4. The participation of Spanish entities in European and international programmes will be supported, and joint instruments will be promoted in the field of the European Union to protect industrial and intellectual property.

The calls for innovation support will incorporate, among its assessment criteria, the assessment of the international impact envisaged by the projects.

5. The subscription of collaboration, cooperation and shared management by the General Administration of the State with the Autonomous Communities will be encouraged for the development of the objectives of the State Plan of Innovation, in which establish the development of the priority axes of the Plan.

6. Programmes will be developed for the companies of doctors and technologists and knowledge transfer managers linked to research groups, dedicated to protecting and transferring the industrial and intellectual property generated by the research of excellence.

CHAPTER II

Financing agents

Article 45. Funding agents attached to the Ministry of Science and Innovation.

1. Within the funding agents of the General Administration of the State, they are funding agents attached to the Ministry of Science and Innovation, the State Research Agency and the Center for Industrial Technological Development.

2. They are the functions of the State Research Agency and the Center for Industrial Technological Development:

a) Manage the programs or instruments assigned to them by the State Plan for Scientific and Technical Research or the State Plan of Innovation, and, where appropriate, the derivatives of collaboration agreements with entities Spain or its counterparts in other countries.

b) To contribute to the definition of the objectives of the State Plan of Scientific and Technical Research and the State Plan of Innovation, and to collaborate in the tasks of evaluation and monitoring of the Plan.

c) Conduct the scientific-technical evaluation of the actions of the State Plan of Scientific and Technical Research, the State Plan of Innovation, and other scientific and technological policy actions for the allocation of the resources, as well as the assessment for the verification of the justification of aid and the performance of the activity and the fulfilment of the purpose to determine the granting or enjoyment of the aid. The results of the evaluations shall be disseminated.

d) Advisory on management, financing systems, justification and follow-up of the State Plan for Scientific and Technical Research and the State Plan of Innovation.

e) Any other that is entrusted to them by their statute, their regulations or the current regulations.

3. The State Research Agency will be oriented to the promotion of knowledge generation in all areas of knowledge through the promotion of scientific and technical research, and will use as an evaluative criterion for the allocation of the scientific or technical merit in accordance with the provisions of Article 5 of this Law.

4. The Centre for Industrial Technological Development will be geared to promoting innovation by boosting research, experimental development and the incorporation of new technologies. It shall use for the allocation of its resources assessment criteria which shall take into account the technical or market merit and the socio-economic impact of the projects in accordance with Article 5 of this Law.

5. Both the State Research Agency and the Centre for the Technological Development of Industrial Development shall develop their activities as financing agents in a coordinated manner and in accordance with the principles of autonomy, objectivity, transparency, accountability, efficiency and efficiency in management. Its assessment and financing procedures shall be in accordance with the criteria linked to good practice established at international level. In addition, they will cooperate in the field of their duties with their Spanish and foreign counterparts.

CHAPTER III

Execution agents

Article 46. Executing agents of the General Administration of the State.

They are agents for the execution of the General Administration of the State of Public Research Bodies, as well as other public research bodies that are dependent, created or participated by the Administration. State General.

Article 47. Public Research Bodies of the General Administration of the State.

1. Public Research Bodies are created for the direct execution of scientific and technical research activities, activities for the provision of technological services, and other activities of a complementary nature, necessary for the proper scientific and technological progress of the society, which are attributed to them by this law or by its rules of creation and operation. In addition, the Carlos III Health Institute will carry out scientific and technical research funding activities.

2. The State General Administration of Scientific Research (CSIC), the National Institute of Aerospace Technique (INTA), the Institute of Health, has the status of Public Research Bodies of the State General Administration. Carlos III (ISCIII), the Geological and Mining Institute of Spain (IGME), the Spanish Institute of Oceanography (IEO), the Center for Environmental and Technological Energy Research (CIEMAT), the National Institute of Research and Technology Agricultural and Food (INIA), and the Instituto de Astrofísica de Canarias (IAC), without prejudice of their own connocial nature.

Additional disposition first. Application of the provisions of Title II of this Act to other entities.

1. Article 13.1 of this law may also apply to private universities and the universities of the Catholic Church. Articles 20, 21, 22.1 and 23 may also apply to them, but only where they are recipients of funds the destination of which includes the recruitment of research staff.

2. Articles 13.1, 20, 21 and 22.1 of this Law may apply to private non-profit entities carrying out research and technological development activities, generating scientific or technological knowledge, facilitating their application and transfer or provide innovation support services to business entities. However, Articles 20, 21 and 22.1 may only apply to them where they are beneficiaries of aid or public subsidies which are intended to recruit research staff by the use of the contract to which they relate. each article, granted in the framework of the Spanish Strategy for Science and Technology or the Spanish Innovation Strategy.

3. Articles 13.1, 14, 15, 20, 21, 22.1 and 23 of this law may apply to public consortia and public sector foundations in which the State's participation is equal to or greater than that of each of the other General government, the purpose of which is to include the direct execution of scientific and technical research activities or the provision of technological services, or other complementary activities necessary for the appropriate purpose scientific and technological progress of society. These activities should be part of the Development Programmes of the State Plan for Scientific and Technical Research or the State Plan of Innovation.

4. Articles 13.1, 20, 21, 22.1 and 23 of this law may apply to public consortia and public sector foundations in which the State's participation is lower than that of each of the other public administrations, whose purpose or social object includes the direct execution of scientific and technical research activities or the provision of technological services, or those other than those of a complementary nature necessary for the proper scientific progress and technology of society. These activities should be part of the development programmes of the State Plan for Scientific and Technical Research and Innovation or the State Innovation Plan.

5. Article 13.1 of this Law may be applicable to other investigative bodies of the General Administration of the State other than the Public Authorities of Investigation that are governed by this law, when they carry out activities. Investigation as referred to in that Article. In addition, Articles 20, 21 and 22.1 may also apply to them only where they are beneficiaries of aid or public subsidies which include the recruitment of research staff.

Additional provision second. Status of the investigating staff in training.

Within two years of the entry into force of this law, the Government will draft a statute for the training research staff to be submitted to the Council for Scientific, Technological and Technological Policy. Innovation. That statute shall replace the current Staff Regulations of the investigating staff, and shall include the requirements set out in this law for the pre-doctoral contract.

Additional provision third. Young innovative company.

1. The Ministry of Science and Innovation will grant the status of an innovative young company to that company that is less than 6 years old and meets the following requirements:

(a) Have incurred expenditure on research, development and technological innovation representing at least 15% of the total expenditure of the undertaking during the previous two financial years, or in the previous financial year, for companies of less than two years.

(b) The Ministry of Science and Innovation has established, by means of an expert assessment, in particular on the basis of a business plan, that the company will develop, in the foreseeable future, products, services or technologically novel or substantially improved processes with respect to the current technological state of the relevant sector, and which involve technological or industrial risks.

2. The Government, within one year of the entry into force of this law, will approve the Statute for a young innovative company, inspired by successful European experiences, as a key aspect for the support of newly created societies that dedicate a significant part of your billing for R & D + i activities.

Additional provision fourth. National Health System staff.

Staff who provide services in centers of the National Health System or are linked or agreed with which, along with the care activity, will carry out research activity, will be considered as research staff of the provisions of Chapter I, Title II of this Law, without prejudice to the working and working conditions laid down by the relevant working regulations.

Additional provision fifth. Abolition of the scales of the State Agency of the National Council of Scientific Research, the National Institute of Aerospace Technique and the Public Research Bodies of the General Administration of the State.

The following scales, belonging to the Public Research Bodies of the General Administration of the State, are deleted:

a) Research Teacher Scale of the Higher Council of Scientific Research.

b) Scale of Scientific Researchers of the Higher Council of Scientific Research.

c) Scale of Scientific Research Council (s) of the Higher Council of Scientific Research.

d) Scale of Researchers ' Holders of Public Research Bodies.

e) Scale of Higher Skilled Graduates of the Higher Council of Scientific Research.

f) Scale of Senior Technicians of Public Research Bodies.

g) Scale of Senior Scientists at the National Aerospace Technique Institute.

h) Scale of Specialized Scientists from the National Aerospace Technique Institute.

i) Scale of Higher Graduates Of Services of the National Institute of Aerospace Technique.

j) Scale of Specialist Technicians of the National Aerospace Technique Institute.

k) Scale of Specialist Technical Graduates from the National Aerospace Technique Institute.

l) Scale of Medium Grade Specialist Technicians from Public Research Bodies.

m) Aviation Specialist Scale of the National Aerospace Technique Institute.

n) Scale of Analysts and Laboratory Operators of the National Aerospace Technique Institute.

n) National Aerospace Technical Institute Workshop Staff Scale.

or) Delineant Scale and Projectants of the National Aerospace Technique Institute.

p) National Aerospace Technique Institute Preparedness Scale.

q) National Aerospace Technique Institute's Calgboats Scale.

Additional provision sixth. Scales of Public Research Bodies of the General Administration of the State.

1. The Research Teachers Scale of Public Research Bodies is created, with the Ministry of Science and Innovation and classified in Group A, Subgroup A1, provided for in article 76 of Law 7/2007, of April 12.

For access to this scale you will be required to be in possession of the Doctor's Degree or equivalent. The official staff made up of this scale shall be entrusted with the tasks corresponding to the Research Teachers ' Scale of the Higher Council of Scientific Research deleted and, in particular, those of special requirements and responsibility, within the different activities that constitute the specific purpose of the Agency, with its own research work of singular relevance.

The official staff who, at the time of entry into force of this law, belong to the Research Teachers ' Scale of the Higher Council of Scientific Research deleted, will be integrated on this scale. is the administrative situation in which you are located.

The staff who, at the entry into force of this law, are participating in selective processes for entry for free access or for internal promotion in the Research Teachers Scale of the Higher Council of Suppressed Scientific Research, once the corresponding selective process is exceeded, will be appointed official staff in the new Research Teachers Scale of Public Research Bodies.

The official staff belonging to the new Research Teachers ' Scale of Public Research Bodies may be accredited to University Professor for the purposes of the provisions of Title IX of the Organic Law 6/2001, of 21 December, when obtaining the positive report of its teaching and research activity, in accordance with the procedure established by the Government.

2. The Scale of Scientific Researchers of Public Research Bodies is created, which is attached to the Ministry of Science and Innovation and classified in Group A, Subgroup A1, provided for in article 76 of Law 7/2007, of 12 April.

For access to this scale you will be required to be in possession of the Doctor's Degree or equivalent. The official staff on this scale will be entrusted with the functions of the Scientific Research Scale of the Higher Council of Scientific Research suppressed, and in particular the high-level functions, within the different activities that constitute the specific purpose of the Agency.

The official staff who, at the time of entry into force of this law, belong to the Scientific Research Scale of the Higher Council of Scientific Research deleted, will be integrated on this scale. is the administrative situation in which you are located.

The staff who, at the entry into force of this law, are participating in selective processes for entry for free access or for internal promotion on the Scientific Research Scale of the Higher Council of Suppressed Scientific Research, once the corresponding selective process is exceeded, will be appointed official staff in the new Scale of Scientific Researchers of Public Research Bodies.

The official staff belonging to the new Research Scale of Scientific Research Bodies may be accredited to Professor Titular, for the purposes of the provisions of Title IX of the The Organic Law 6/2001, of 21 December, when it obtains the positive report of its teaching and research activity, in accordance with the procedure established by the Government.

3. The Escala de Ciencias Titulares de Organismos Públicos de Investigación is created, which is attached to the Ministry of Science and Innovation and classified in Group A, Subgroup A1, provided for in Article 76 of Law 7/2007, of 12 April.

For access to this scale you will be required to be in possession of the Doctor's Degree or equivalent. The official staff made up of this scale will have the duties assigned to them by the Escalas de Científicos Titulares of the Consejo Superior de Investigaciones Científicas y de Investigaciones Titulares de los Organisaciones Públicas de Research that has been removed, and in particular functions involving scientific or technological research activities.

The official staff who, at the time of the entry into force of this law, belong to the Escalas de Científicas Titulares of the Consejo Superior de Investigaciones Científicas or of Investigates Titulares, will be integrated on this scale. of the Public Bodies of Investigation deleted, whatever the administrative situation in which it is located.

The staff who, at the entry into force of this law, are participating in selective processes for the entry for free access or for internal promotion in the Escalas de Scientists Titulares of the Superior Council of Scientific research and/or researchers of the Public Bodies of Research suppressed, once the corresponding selective process is exceeded will be appointed official personnel in the new Scale of the Public Research Bodies.

The official staff included in the list of acting investigators referred to in Article 35.4 of Law 14/2000, of 29 December, of tax, administrative and social order measures, may request, from the entry into force of this law and for a maximum period of three years, the integration on the Scale of the Scientific Public Bodies of Research, when it meets the requirements of paragraphs a) and c) of article 35.2 of the Law 14/2000 of 29 December, by means of the submission of an application to the Secretary of State Research of the Ministry of Science and Innovation.

The official staff belonging to the new Scale of Scientific Research Public Bodies may be accredited to Professor Titular of University, for the purposes of the provisions of Title IX of the Law Organic 6/2001, of 21 December, when it obtains the positive report of its teaching and research activity, in accordance with the procedure established by the Government.

4. The Technology Scale of Public Bodies of Research is created, which is attached to the Ministry of Science and Innovation and classified in Group A, Subgroup A1, provided for in article 76 of Law 7/2007, of 12 April.

The official staff belonging to this scale will be entrusted with the functions that assume special responsibility and responsibility, in order to develop tasks of management of human teams, valorization of knowledge, formulation of technological and innovation initiatives, or study, inspection or supervision in scientific or technical facilities, in their respective specialties within the various activities which constitute the specific purpose of the Body.

5. The Defense Superior Scientific Scale is created, which is assigned to the Ministry of Defense, and classified in Group A, Subgroup A1, provided for in Article 76 of Law 7/2007, of 12 April.

The tasks to be carried out by the personnel assigned to or access to this Scale will be those entrusted to the Escales of Superior Scientists of the National Institute of Aerospace and Specialized Scientists of the National Aerospace Technical Institute deleted.

The officials who, at the time of entry into force of this law, belong to the Escalas of Superior Scientists of the National Institute of Aerospace Technology or of Specialized Scientists of the National Aerospace Technical Institute deleted, whatever the administrative situation they are in.

The staff who at the entry into force of this law are immersed in the performance of selective processes for the entry for free access or for internal promotion in the Escalas of Superior Scientists of the Institute National of Aerospace Technique or of Specialized Scientists of the National Institute of Aerospace Suppressed, once the corresponding selective process is exceeded will be named official personnel in the new Scale of Superior Scientists of the Defense.

6. The Escala de Technicians Superior Specialized de Investigación Públicas de Investigación, which is attached to the Ministry of Science and Innovation and classified in Group A, Subgroup A1, as provided for in Article 76 of Law 7/2007, is hereby established. April.

The functions that will be developed by the official personnel integrated in this scale will be those entrusted to the Superior Graduates of the Higher Council of Scientific Research, of Higher Technicians. Specialists from the Public Research Bodies, Senior graduates of the National Institute of Aerospace Technology, and Technical Specialists of the National Institute of Aerospace Technology suppressed, and in particular the development of design, design, application or improvement in facilities experimental scientists, formulation of technological and innovation initiatives, or direction, advice, analysis or preparation of reports in their respective specialties, within the various activities that constitute the objective specific to the Agency.

It will be integrated in this scale the official staff who, at the time of entry into force of this law, belong to the Escalas de Titled Superior Graduates of the Higher Council of Scientific Research, of Technicians Senior specialists from the Public Research Bodies, Senior Services graduates of the National Aerospace Technique Institute, or Specialist Technicians of the National Institute of Aerospace Technology Deleted, any it is the administrative situation in which it is located.

The staff who, at the entry into force of this law, are participating in selective processes for the entry for free access or for internal promotion in the Superior Graduates of the Superior Council of Scientific research, from Senior Technicians of the Public Research Bodies, of Higher graduates of Services of the National Institute of Aerospace Technology, or of Technical Specialists of the National Institute of Deleted Aerospace Technique, once the corresponding selective process is exceeded will be appointed as an official staff on the new Specialised Higher Technicians ' Scale of Public Research Bodies.

7. The Scale of Specialized Technical Research Bodies is created, which is attached to the Ministry of Science and Innovation and classified in Group A, Subgroup A2, provided for in article 76 of Law 7/2007, of 12 April.

The functions that will be developed by the official personnel integrated in this scale will be those of support and collaboration in the field of design, application, maintenance and improvement of scientific facilities, reports, studies or analysis, and in general, participation in the technical management of plans, projects, programs or applications and research results, within the different activities that constitute the specific purpose of the Agency.

The official staff who, at the time of entry into force of this law, belong to the scales of Technical and Middle-Grade Specialists of the Public Bodies of Research or Titled, will be integrated on this scale. Specialized technicians of the National Institute of Aerospace Technology deleted, whatever the administrative situation in which it is located.

The staff who, at the entry into force of this law, are participating in selective processes for entry for free access or for internal promotion on the scales of Technical Specialists of the Middle of the Organizations Public research or specialized technical graduates of the National Institute of Aerospace Technology suppressed, once the corresponding selective process is exceeded will be named official personnel in the new Scale of Technicians Specialized in Public Research Bodies.

8. The subsistence of the current Research Assistant Scale of Public Research Bodies is declared.

The official staff who, at the time of the entry into force of this law, belong to the Escalas de Specialists de Aviación del National Institute of Aerospace Technique, Analysts and Laboratory Operators of the National Aerospace Technique Institute, Workshop Staff of the National Institute of Aerospace Technique, or Delineants and Projectants of the National Institute of Deleted Aerospace Technique, whatever the administrative situation in which it is find.

The staff who, at the entry into force of this law, are participating in selective processes for entry for free access or for internal promotion on the Scale of Analysts and Laboratory Operators of the National Institute Once the corresponding selective process is exceeded, the corresponding selective process will be appointed as an official in the Research Assistant Scale of Public Research Bodies.

9. The subsistence of the current Research Auxiliary Scale of Public Research Bodies is declared.

The official staff who, at the time of the entry into force of this law, belong to the Institute's Preparedness Scales, will be integrated into the Research Auxiliary Scale of Public Research Bodies. National Aerospace Technique or National Institute of Aerospace Technique deleted, whatever the administrative situation in which it is located.

The staff who, at the entry into force of this law, are participating in a selective process for entry for free access or for internal promotion on the Preparatory Scale of the National Institute of Aerospace Technique deleted, once the corresponding selective process is exceeded will be appointed official staff in the Research Auxiliary Scale of Public Research Bodies.

Additional provision seventh. Remuneration regime for the scientific and technical scales of the Public Research Bodies of the General Administration of the State.

1. The research staff involved in the Research Teachers 'Scale of Public Research Bodies will have the remuneration system corresponding to the Research Teachers' Scale of the Higher Education Council. Scientific research suppressed, in the terms of what is established in this law on professional career of the staff investigating officer.

2. The research staff to be integrated in the Scientific Research Scale of Public Research Bodies will have the remuneration system corresponding to the Scientific Research Scale of the Higher Council of Scientific research suppressed, in the terms of what is established in this law on professional career of the staff investigating officer.

3. The research staff who will be included in the Scale of Public Scientists of Public Research Bodies will have the remuneration system corresponding to the Scale of the Scientific Research Council of the Higher Research Council. Scientific suppressed, in the terms of what is established in this law on professional career of the staff investigating officer.

4. To all the investigating staff who, as a result of this integration, are affected by a decrease in their annual remuneration, a transitional personal supplement will be applicable to the staff who will absorb it.

5. The salary system of the technical staff of the career civil servants of the Public Administration of Research of the General Administration of the State will be the one established by Law 7/2007, of April 12, the law of ordination of the function public administration of the State and other development regulations.

Additional disposition octave. Reorganization of the Public Research Bodies of the General Administration of the State.

1. The Government is authorized to, by means of royal decree agreed upon in the Council of Ministers at the initiative of the Ministries of affiliation and joint proposal of the Ministers of Economy and Finance and of the Presidency, proceed to reorganize the current ones Public Research Bodies of the General Administration of the State to adapt them to the objectives of this law, in accordance with the principles of effectiveness, efficiency, quality, coordination, accountability and cooperation with the rest of the of the agents of the Spanish System of Science, Technology and Innovation. Such reorganization will involve the extinction of those Public Research Bodies in which a substantial part of their aims and objectives coincide with those of other Public Research Bodies, which will be subrogated in the work contracts. of the staff of those persons and to whom their property and rights shall be attached.

2. The Government shall approve the new statutes of the resulting Public Research Bodies. In addition to the content required according to their legal form, the statutes must conform to the following organisational principles:

(a) Coordination mechanisms will be established between all the Public Research Bodies through the elaboration of their Multi-annual Action Plans, the reciprocal representation in the Rector and the Council Councils. joint management of facilities and services. All the Multi-annual Action Plans will have a multi-annual time-matching projection; for their design and implementation, they will be able to incorporate the collaboration of the rest of the agents of the Spanish System of Science, Technology and Innovation, especially of Autonomous Communities and Universities.

(b) In the Spanish Strategy for Science and Technology, mechanisms will be established for the collaboration of the Public Research Bodies with the other agents of the system of science and technology of the Communities. Autonomous areas in which their centres are located.

c) For the fulfillment of their purposes, the Public Research Bodies will be organized in institutes as core organizational core, through which they will execute their specific policies defined in the Multi-Annual Plans. of Action. The institutes shall enjoy autonomy for the management of the resources allocated to them, within the budgetary resources and the limitations laid down in the applicable rules.

Institutes may be organized with resources belonging to a single Agency or through association with other agents of the System, through the instruments provided for in this law.

(d) In cases where it is deemed necessary to achieve the precise critical mass for an activity of excellence, research or service delivery centres may be set up through the grouping, physical or network, of institutes of the Public Research Agency itself and/or other agents associated to it, belonging to the same thematic area. The statutes of the Public Research Bodies shall determine the nature and functions of such centres, which may have a territorial scope of action higher than that of the agents associated with the Public Research Agency.

e) Research will be promoted in priority thematic areas by setting up research units, own or in cooperation with other System agents, with the legal form of foundation or any other appropriate to the nature of the functions to be performed. Such units shall have the consideration of centres attached to the Public Research Agency that promote them and shall be subject to their coordination and strategic direction.

The foundations will be under the protectorate established by Law 50/2002, of December 26, of Foundations.

f) The governing bodies of the Public Research Bodies will be able to have expert members in scientific and technical research, as well as with experienced managers.

g) Each Agency may have an advisory committee, which shall be composed of experts in scientific and technical research, and whose tasks shall include the proposal and follow-up of the Agency's Multi-annual Action Plans.

h) In no case will this reorganization result in increased public spending.

Additional provision ninth. Protection of personal data.

1. The provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data will apply to the processing and disposal of data derived from the provisions of this law.

2. Public financing and implementing agents shall take the necessary technical and organisational measures to ensure the security of personal data and to prevent their unauthorised alteration, processing or access.

3. The Government shall, after reporting by the Spanish Agency for Data Protection, regulate the academic and scientific content of the curricula of the teaching staff and research staff of universities and of the research staff that the funding agents and may be made public without the prior consent of such staff.

Additional provision 10th. Reports on the evaluation of requests for assistance from the State Plan for Scientific and Technical Research.

1. In the framework of the procedures for granting aid under the State Plan of Scientific and Technical Research, they will be mandatory and binding, with the effects provided for in Law 30/1992 of 26 November, of the Legal Regime of the Administrations. Public and of the Common Administrative Procedure, the reports of the Centre for Technological and Industrial Development (CDTI), or of the National Agency for Assessment and Prospective (ANEP) or the equivalent body to be determined within the Agency State of Investigation.

2. In order to facilitate the assessment of the application, and in the context of the above procedures, the order of the bases may provide for the cases in which a technological report of patents is to be issued by an Office of Industrial Property.

Additional provision eleventh. Grants and aid granted by the General Administration of the State.

1. The regulatory bases for grants and support will encourage the application of electronic, electronic and electronic management techniques and techniques to reduce or delete the required documentation and to reduce time and response times.

2. The General Administration of the State will promote the conclusion of agreements with the Autonomous Communities and, where appropriate, with the Universities, in order to coordinate the control regime of the public research agents and to enable the extension of the simplified supporting account scheme provided for in the subsidy rules, in accordance with the following requirements:

(a) Unless the regulatory bases establish otherwise, when a body or entity belonging to an Autonomous Community or University receives from the public sector a grant or aid under Law 38/2003, of 17 November, General Grant, its justification shall be made in accordance with the simplified supporting account scheme, without the maximum amount established for such a scheme applying in the grant rules.

(b) The receiving entity shall be subject to permanent financial control of the relevant organ of the Autonomous Community or University.

(c) The manner of justification for the grant or aid shall take the form of the supporting account provided for in Article 30 of Law 38/2003 of 17 November.

In the area of the permanent financial control of each entity, the systems and processes of justification used shall be reviewed, as well as a sample of the supporting accounts presented to the administrative bodies. competent. If, as a result of the review carried out in accordance with the preceding paragraph, a lack of agreement is observed between the supporting accounts and the accounting records or supporting documents showing them, issue separate reports addressed to the granting bodies of the grants or aid in which such extremes are to be indicated.

3. Grants for the implementation of scientific and technical research projects resulting from public calls made by the structures set up by several Member States in implementation of the multiannual framework programme for the European Union, under the provisions of Articles 182, 185 and 186 of the Treaty on the Functioning of the European Union, shall follow the arrangements provided for in Article 28.1 of Law 38/2003 of 17 November, General Grant.

Additional disposition twelfth. Legal authorisation for the establishment of the State Investigation Agency.

1. The Government is authorised to set up a State Research Agency, which aims to promote the generation of knowledge in all areas of knowledge through the promotion of scientific and technical research, to which it will be implemented. Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services. The Agency shall have the same tax regime as the Autonomous Bodies, and shall use as an evaluative criterion for the allocation of resources scientific or technical merit.

The creation of the Agency will be carried out without an increase in public expenditure, and will not be financed by appropriations from the State's financial budget, except in cases and with the limits established by law on general budgets. of the State.

2. The Government shall, within a maximum of one year, set up the State Investigation Agency by means of the approval of its statute.

Additional disposition thirteenth. Implementation of the gender perspective.

1. The composition of the bodies, councils and committees regulated in this law, as well as the evaluation and selection bodies of the Spanish System of Science, Technology and Innovation, will be in accordance with the principles of composition and balanced presence between Women and men established by the Organic Law 3/2007, of 22 March, for the effective equality of women and men.

2. The Spanish Strategy of Science and Technology and the State Plan of Scientific and Technical Research will promote the incorporation of the gender perspective as a transversal category in research and technology, so that its relevance be considered in all aspects of the process, including the definition of scientific-technical research priorities, research problems, theoretical and explanatory frameworks, methods, data collection and interpretation, the conclusions, the applications and the technological developments, and the proposals for future studies. They will also promote gender and women's studies, as well as concrete measures to stimulate and give recognition to the presence of women in research teams.

3. The Science, Technology and Innovation Information System will collect, process and disseminate data disaggregated by sex and include indicators of presence and productivity.

4. The procedures for the selection and evaluation of the research staff at the service of the public universities and the Public Research Bodies of the General Administration of the State, and the procedures for granting aid and grants by research funding agents, will establish mechanisms to eliminate gender bias that will include, whenever possible, the introduction of confidential assessment processes.

Such processes must assume that the evaluating person does not know personal characteristics of the person evaluated, to eliminate any discrimination on grounds of birth, race, sex, religion or any other condition or personal or social circumstances.

5. The Spanish Innovation Strategy and the State Innovation Plan will promote the incorporation of the gender perspective as a cross-cutting category in all aspects of its development.

6. The Public Bodies of Inquiry shall adopt Equality Plans within a maximum of two years after the publication of this law, which shall be the subject of annual monitoring. These plans should include incentive measures for those centres that improve gender indicators in the corresponding annual monitoring.

Additional disposition fourteenth. Other implementing agents of the General Administration of the State.

1. The National Museum of the Prado, the National Library of Spain (BNE), the Institute of Cultural Heritage of Spain (IPCE), the Spanish Philmoteca, attached to the Institute of Cinematography and the Audiovisual Arts, museums and archives of ownership and state management, the General Directorate of the National Geographic Institute, the National Geographic Information Center, and the Royal Academies and Associated Academies linked to the Institute of Spain, will have the status of execution for the purposes of the provisions of this law.

2. The implementing agents referred to in the preceding paragraph may hire temporary staff for the purpose of carrying out specific scientific and technical research projects in accordance with Article 15.1.a) of the text. Recast of the Law of the Workers ' Statute.

Additional provision 15th. Consideration of priority activities for the purposes of Law 49/2002, of 23 December, of the tax regime of non-profit entities and of tax incentives for patronage.

The annual laws of the State General Budget, which declare priority to be a type of research, development and innovation activities, will be able to declare as beneficiaries of the patronage of the institutions of Excellence, for the purposes set out in Articles 16 to 24, inclusive of Law 49/2002.

Additional provision sixteenth. Researchers from the Ramon and Cajal and Miguel Servet Programs.

1. The effects set out in Article 22 (3) and (4) of this Law shall apply to the research staff of the Ramón and Cajal Subprogramme or Subprogramme and Servetus of the Ministry of Science and Innovation, which has exceeded the double assessment referred to the report of the fourth annuity of the contract established in the Ramon and Cajal Program and the third and final annuity of the Miguel Servet Program, and to the fulfillment of the possession of a leading research trajectory for the effects of the Program of Incentives for the Incorporation and Intensification of the Research Activity in the Framework of the National Plan for Scientific Research, Technological Development and Innovation.

2. Similarly, the effects established by Article 22 (3) and (4) of this Law, the research staff of the Ramon and Cajal Programs or Subprogrammes, and Miguel Servetus of the Ministry of Science and Innovation, will be applicable. assessment similar to that provided for in Article 22.2 of this Law. In such assessment, the external report shall be that provided for the fourth annuity or last annuity of the contract established in those Programs or Subprogrammes.

3. In the supply of public employment, the Ministry of Science and Innovation as regards entry places as a fixed working-level research staff, will guide their request in the light of temporary contracts concluded as such. research staff of the Ramon and Cajal Subprogram for young researchers.

Additional 17th disposition. Mechanisms to facilitate the participation of Spanish entities, staff or research groups in the European Research Infrastructure Consortium (ERIC).

The Government is enabled to approve the appropriate rules to facilitate the participation of Spanish entities, staff or research groups in the European Research Infrastructure Consortium (ERIC) in accordance with the rules of the European Union relating to them.

18th additional disposition. Social security in the pre-doctoral contract.

A reduction of 30% of the business share to the Social Security is established by common contingencies in the contribution relative to the research staff contracted under the modality of the pre-doctoral contract established in the Article 21 of this Law, which shall be accepted as the General Social Security Regime.

Additional 19th disposition. Economic compensation for works of an intellectual nature.

1. In cases where the rights of exploitation of the work of an intellectual nature created correspond to a public research centre, the staff engaged in the research shall be entitled to an economic compensation in the light of the results. in the production and exploitation of the work, which shall be determined in the light of the commercial importance of the work and taking into account the employee's own contributions.

2. The procedures and the amount of the participation of the research staff of the public research centres in the profits obtained from the exploitation or transfer of the rights referred to in the preceding paragraph shall be established by the Government, Autonomous Communities or Universities, taking into account the specific characteristics of each research center. Such participation in the benefits shall in no case have the consideration of remuneration or salary for the investigating staff.

320th additional disposition. Regulation of the own research centres of the Autonomous Communities with exclusive competence.

The own research centres and structures of an Autonomous Community which has assumed the exclusive competence for the regulation of its own research centres will be governed by the rules adopted by the the effect of such an effect on the Autonomous Community, without prejudice to the provisions of the final provision in the ninth case concerning the extension to the same articles of basic or general application of this Law.

For the purposes of the preceding paragraph, it shall be understood by institutions and research structures themselves that are mainly engaged in their capital or equity fund or in their governing body by the Autonomous Community. or by entities in its public sector, or whose budgets are normally allocated by more than 50% with grants or other revenue from the Administration of the Autonomous Community or entities in its public sector.

In the case of research centers and structures in which entities that are part of the public sector of the General Administration of the State or Autonomous Communities that have assumed participation are part of the public sector. In the case of the Commission, the Commission may, in accordance with Article 1 (1) of Regulation (EC) No Regulation of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities, (a) a minority, be higher than in each of the other public entities, individually.

For the calculation of the participation computes, the economic contributions which, individually and in character, are carried out by the General Budget of the State shall not be taken into account.

Additional provision twenty-first. Regulation of the research entities shared between the State and the Autonomous Communities.

Dependent research entities, created or participated in equal parts by the General Administration of the State or its agencies and entities, and by an Autonomous Community or its agencies and entities, shall be governed by the rules indicating the rules or legal instruments of creation.

Additional provision twenty-second. Application of Article 18 of this Law.

Article 18 of this Law shall also apply to investigating personnel who, prior to the entry into force of this law, have provided their services in the companies created or participated by the entities to which refers to paragraph 1 of that Article, provided that such derogation is authorised by public universities, the Ministry of Territorial Policy and Public Administration or the competent authorities of public administrations, corresponds.

Additional provision twenty-third. Common rules for contracts for the implementation of specific scientific and technical research projects.

In accordance with paragraph 2 of the Additional Article 15 (5) of the Staff Regulations, the provisions of Article 15.1 (a) of the Staff Regulations shall not apply in respect of the maximum duration of the contract for work or service to contracts for the performance of specific scientific and technical research projects referred to in Articles 20.2, 26.7 and 30 and paragraph 2 of the additional fourteenth provision of this law.

The provisions of the first and second paragraphs of Article 15 (5) of the Staff Regulations shall not apply to them, in accordance with the provisions of paragraph 3 of the Additional Article 15 (5) of the Staff Regulations. Workers.

Additional 24th disposition. Regime applicable to the Convention and Convention systems.

1. Under its foral regime, the application to the Community of Navarra of the provisions of this law will be carried out in accordance with the provisions of article 64 of the Law of Reintegration and Improvement of the Foral Regime of Navarre, according to the provisions of the Economic Convention between the State and the Autonomous Community of Navarre.

2. The provisions of this Law shall be without prejudice to the powers transferred to the Autonomous Community of the Basque Country in the field of scientific and technical research and development, and innovation, in accordance with the terms laid down in this Law. Royal Decree 3/2009 of 9 January on the transfer of functions.

order to guarantee an adequate collaboration between the General Administration of the State and the Administration of the Basque Autonomous Community in this area, the appropriate instruments of cooperation will be articulated, according to set out in Royal Decree No 3/2009 of 9 January 2009, in the terms set out in the Agreement of the Joint Committee on Transfers, which is annexed to it.

Additional provision twenty-fifth. Horizontal internal promotion to the Scales of Research Professors of Public Research Bodies and Scientific Researchers of Public Research Bodies.

The Ministry of Science and Innovation, in the first public offer of employment to be approved after the entry into force of this law, in its request for places of research staff will include in a preferential way places of the Scales of Professors of Research and Scientific Researchers of Public Research Bodies so that through the system of horizontal internal promotion the officials belonging to the Scale of Scientists can access the aforementioned scales Holders of Public Research Bodies when they prove to be in possession of the requirements and merits to enter the same in the terms provided for in this law.

Additional provision twenty-sixth. Technology centres and centres of support for state-wide technological innovation.

1. Technological centres are those non-profit entities, legally constituted and resident in Spain, which enjoy their own legal personality and are created with the object, declared in their statutes, to contribute to the benefit of the society and the improvement of the competitiveness of companies through the generation of technological knowledge, carrying out R & D + i activities and developing their application.

This function of application of knowledge will include, among others, the realization of R & D + i projects with companies, the intermediation between the knowledge generators and the companies, the provision of support services to innovation and dissemination through technology transfer and training activities.

2. They will have the consideration of centres of support for technological innovation those non-profit entities, legally constituted and resident in Spain, who enjoy their own legal personality and are created with the object, declared in their (a) to facilitate the application of the knowledge generated in research organisations, including technology centres, by means of their intermediation between them and enterprises, providing support services for innovation.

3. The government, on a proposal from the Ministry of Science and Innovation, will regulate the registration of technology centers and centers of support for technological innovation of a state nature.

Additional provision twenty-seventh. Legal regime of the Instituto de Astrofísica de Canarias.

1. The public consortium Instituto de Astrofísica de Canarias, created by the Royal Decree-Law 7/1982 of 30 April, establishing the Instituto de Astrofísica de Canarias and establishing its legal system, and integrated by the General Administration of the State, the Public Administration of the Autonomous Community of the Canary Islands, the University of La Laguna and the Consejo Superior de Investigaciones Científicas, are governed by the provisions of this law and their respective statutes.

The Instituto de Astrofísica de Canarias has the consideration of the Public Research Agency of the General Administration of the State.

The Consortium will have indefinite validity. However, the consorted administrations may disassociate themselves or promote their extinction in the form provided for in the statutes.

2. The Instituto de Astrofísica de Canarias has legal personality and ability to act for the following purposes:

a) Perform and promote any type of astrophysical or related research, as well as develop and transfer your technology.

b) Spread the astronomical knowledge, collaborate in the specialized university teaching of astronomy and astrophysics and train and train scientific and technical personnel in all fields related to astrophysics.

c) Manage already existing centers, observatories and astronomical facilities, and those that will be created or incorporated into your administration in the future, as well as the dependencies to your service.

d) Foster relations with the national and international scientific community.

3. The Statutes of the Consortium, which shall be approved by the Governing Board before the beginning of the financial year following the entry into force of this Law, shall determine the peculiarities of its organic, functional and financial.

The approval of the statutes requires the favorable vote of the representatives of the General Administration of the State and the Public Administration of the Autonomous Community of the Canary Islands in the organ referred to in the paragraph previous.

Until the statutes are approved, the legal regime resulting from the Royal Decree-Law 7/1982 of 30 April and its development provisions will continue to apply to the Consortium.

4. The Supreme Body of the Consortium shall be the Governing Council, in which the entities that make up the Consortium shall be represented, in the proportion to be fixed in the statutes.

Until the approval and entry into force of the statutes, the decision and management bodies of the Consortium regulated in the current regulations will continue to operate. Once the organs provided for in the statutes are established, they will be extinguished and replaced by these.

5. The Director of the Institute is the executive body of the Rector Council, and it is also up to him to resolve questions of a scientific nature, so he must be a recognized astrophysicist.

6. The material means at the service of the Consortium for the fulfilment of its purposes include:

(a) The assets and values that integrate their assets, together with the products and income obtained from it, grants and, in general, how many resources are collected.

In case of dissolution of the Consortium, the Consecrated Administrations will freely determine the fate of this patrimony.

(b) Goods assigned or transferred to any other regime by national or foreign personnel or entities that retain ownership of those.

If, in respect of these goods, the governing bodies of the Consortium provide for the execution of acts of disposition, they shall put it to the attention of the person or entity holding them so that it may decide what is corresponds, subject to the procedure which, by reason of the nature of the goods, is applicable.

Produced the dissolution of the Consortium, will fully reverse these assets to persons or entities holding their ownership.

7. Personal means at the service of the Consortium for the fulfilment of its purposes may include:

(a) Your own personal work, contracted in the terms provided for in this law for work staff at the service of the Public Research Bodies of the General Administration of the State and in the statutes of the Consortium.

b) Personal official, belonging to the Escalas provided for in this law for the Public Research Bodies of the General Administration of the State.

c) Personal, official or labor, belonging to the Consecrated Administrations. Such staff shall be assigned to the Consortium as related staff, maintaining the administrative or employment situation in their home administrations.

(d) Personnel at the service of other institutions or entities, public or private, attached to the Consortium in the form provided for in the statutes and prior to the agreement with the respective institution or entity.

The legal regime established in this law shall be applicable to the service of the Consortium, with the corresponding character according to the Administration to which the said personnel belong.

The official staff who, under the Royal Decree-Law 7/1982 of 30 April, establishing the Instituto de Astrofísica de Canarias and establishing its legal system, is providing its services in the Consortium to the the entry into force of this law, will retain its status as an official of the General Administration of the State, and will be integrated into the Escalas of the Public Research Bodies of the General Administration of the State created by it, in the same terms as the other officials affected by the fifth additional provisions, sixth and seventh of this law.

All the faculties, rights and obligations, in respect of the official and labor personnel who, according to this article, provide services in the public consortium Instituto de Astrofísica de Canarias, will correspond exclusively to the institution, which shall exercise them by means of the bodies to be determined by its statutes. Specifically, the competent bodies of the Consortium shall be responsible for the exercise of the functions relating to the organisation, system of posts, working conditions and those provided for in the rules governing the disciplinary system.

8. The Instituto de Astrofísica de Canarias (Instituto de Astrofísica de Canarias) has the status of its own medium and technical service of the General Administration of the State and will be able to assume the management tasks carried out by the ministerial departments with competence in the field. for the performance of actions related to astrophysical research.

The management tasks shall be compulsory for the Institute of Astrophysics of the Canary Islands. They shall be paid by way of fees or remuneration under the arrangements provided for in the following paragraph, and shall be paid for authority to the body which confers the responsibility for issuing the instructions necessary for its implementation.

The fee or remuneration of the charge shall cover the value of the benefits in charge, taking into account for its calculation the direct and indirect costs, as well as the reasonable margins, in accordance with the amount of those capabilities, to address deviations and unforeseen events.

The amount of the fee or remuneration shall be fixed by the person holding the Ministry of Science and Innovation.

The Instituto de Astrofísica de Canarias, acting with the character of its own means and technical service of the General Administration of the State, will not be able to participate in public tenders called by the contracting authorities. (a) to the same person, without prejudice to the fact that, where no tenderer is present, the performance of the goods concerned may be carried out.

The Autonomous Community of the Canary Islands may grant to the Instituto de Astrofísica de Canarias the condition of its own means and technical service in terms of its specific legislation.

9. The Consortium assumes the functions, rights and obligations which correspond to the Instituto de Astrofísica de Canarias, in accordance with the Agreement on Cooperation in Astrophysics signed on 26 May 1979 between the Governments of the Kingdom of Spain Spain, the Kingdom of Denmark, the Kingdom of Great Britain and Northern Ireland and the Kingdom of Sweden, and the Protocol on cooperation in the field of astrophysics, signed on the same date by the Spanish Higher Scientific Research Council, the Research Secretariat of Denmark, the Scientific Research Council of the United Kingdom and the Royal Academy of Sciences of Sweden, as well as its successive extensions and extensions.

Likewise, the subrogation is maintained in the rights and obligations of a contractual nature that the Instituto de Astrofísica de Canarias, dependent of the Consejo Superior de Investigaciones Científicas, would have acquired with Prior to the entry into force of Royal Decree-Law 7/1982 of 30 April, and in particular the Cooperation Convention concluded on 16 September 1975 between the Scientific Research Council, the University of La Laguna and the Santa Cruz de Tenerife's interisland province of Santa Cruz.

10. The competent authorities shall initiate the procedures for the transmission to the consortium Instituto de Astrofísica de Canarias of the titles representative of the social capital of the commercial company Gran Telescopio de Canarias, S.A.

11. The modification of the legal regime provided for in this provision for the Instituto de Astrofísica de Canarias will not be able to increase public expenditure in any of the administrations.

12. The Instituto de Astrofísica de Canarias is subject to the limits on the offer of public employment and the salary increases established by the General Budget Laws of the State.

Additional provision twenty-eighth. Research aid programmes aimed at research staff.

The research aid programmes involving the carrying out of research tasks under the provision of services by research staff should establish the employment contracts of their beneficiaries by way of part of the entities to which they are assigned, by the formalization of an employment contract in accordance with the provisions of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March and in the collective agreement in force in the membership entity.

First transient disposition. Remaining bodies.

1. Until the functioning of the governance bodies established in this law, the Advisory Council for Science and Technology and the General Council of Science and Technology provided for in the Law will continue to function. 13/1986 of 14 April, for the Promotion and General Coordination of Scientific and Technical Research.

2. The creation of the Government's Delegation for Scientific, Technological and Innovation Policy will be agreed upon by the Council of Ministers, by means of a royal decree, on a proposal from the President of the Government. Until that time, the Government's Delegation for Scientific and Technological Policy will continue to perform its duties.

Second transient disposition. Subsistence of the National Plan for Scientific Research, Development and Technological Innovation.

The 2008-2011 National Plan for Scientific Research, Development and Technological Innovation, approved by the Council of Ministers at its meeting on 14 September 2007, will continue until its completion.

Transitional provision third. Subsistence of the National Strategy for Science and Technology.

The National Strategy for Science and Technology adopted at the Third Conference of Presidents, held on 11 January 2007, will continue until its replacement by the Spanish Strategy for Science and Technology in the law.

Transitional disposition fourth. Support programmes for the training of research staff.

1. The programmes of support for research staff in training funded by public funds, including in the field of application of Royal Decree 63/2006 of 27 January, approving the Staff Regulations of the investigating staff, existing at the time of entry into force of Article 21 of this Act, they shall be adapted to the content of that Article only in respect of calls to be published from that time.

2. For calls for aid to research staff in training who are in implementation at the time of the entry into force of Article 21 of this Law, the legal status of the grant will continue for the first two years since the granting of the the aid, and for the legal status of contract it will be continued using the modality of contract of work in practices, as established by the Royal Decree 63/2006, of January 27.

3. Employment contracts financed by aid programmes for training research staff who have already subscribed to the entry into force of Article 21 of this Law shall be maintained in their initial legal form until the end of their validity.

Transient disposition fifth. Performance evaluation systems and transitional remuneration for the scientific scales of the Public Research Bodies of the General Administration of the State.

The research staff to be integrated into the Research Teachers ' Escalations of Public Research Bodies, Scientific Researchers of Public Research Bodies, and Scientists Holders of Public Research Bodies shall maintain the remuneration system applicable to the relevant deleted scale from which it applies until 31 December 2013. Up to that date, the current systems of evaluation of the performance of the investigating personnel will also be maintained in the service of the Public Research Bodies of the General Administration of the State.

From 1 January 2014 inclusive, the remuneration system set out in Article 25.5 and in the seventh, paragraphs 1, 2 and 3 of this law shall apply to it.

Transitional disposition sixth. Subsistence of the State Innovation Strategy.

The State Innovation Strategy approved by the Council of Ministers at its meeting of 2 July 2010 will continue to be in force until its replacement with the Spanish Innovation Strategy and the State Innovation Plan.

Repeal provision. Regulatory repeal and enforcement of rules.

1. The general provisions which are contrary to the provisions of this law are hereby repealed, in particular:

(a) Law 13/1986 of 14 April for the Promotion and General Coordination of Scientific and Technical Research.

b) Royal Decree-Law 7/1982 of 30 April, establishing the Institute of Astrophysics of the Canary Islands and establishing its legal system, from the moment the statutes of the public consortium are approved Astrophysics of the Canary Islands in accordance with the provisions of the additional twenty-seventh provision of this law.

2. Royal Decree 1406/1986 of 6 June 1986 approving the Regulation of the Centre for the Technological and Industrial Development shall remain in full force, except in those provisions which may be affected by this law.

Final disposition first. Amendment of Law 53/1984, of December 26, of incompatibilities of staff to the service of Public Administrations.

Law 53/1984, of December 26, of Incompatibilities of the staff at the service of the Public Administrations, is amended as follows:

One. New wording is given to the first paragraph of Article 4.2, which is worded as follows:

" 2. The teaching and research staff of the University may be authorized, fulfilled the remaining requirements of this law, the compatibility for the performance of a second job in the public health sector or exclusively of character research centres in the public sector, including the exercise of functions of scientific direction within a research centre or structure, within the area of expertise of its university department, and provided that the two posts are regulated as part-time provision. '

Two. New wording is given to Article 6, which is worded as follows:

" Article 6.

1. Without prejudice to the provisions of Article 4. 3. The compatibility for the exercise of non-permanent research activities or of scientific or technical advice on specific cases may be authorised for the staff included within the scope of this law, correspond to the functions of the staff assigned to the respective Public Administrations.

This exception will be credited for the assignment of the order in public tender, or for requiring special qualifications that only have people affected by the scope of this law.

2. The research staff of the Public Research Bodies, the public universities and other research entities that are dependent on the Public Administrations may be authorised to provide services in companies created or participated by the same in the terms established in this law and in Law 14/2011, of 1 June, of Science, Technology and Innovation, by the Ministry of the Presidency or by the competent bodies of the Universities public or public administrations. "

Final disposition second. Amendment of Law 11/1986, of March 20, of patents of invention and utility models.

Article 20 (9) of Law 11/1986, of 20 March, of patents of invention and utility models, is worded as follows:

" 9. The detailed rules and the amount of the participation of the research staff of the public sector of research in the profits obtained from the exploitation or disposal of their rights in respect of the inventions referred to in paragraph 8 of this Article. The article shall be established by the Government, taking into account the specific characteristics of each research entity. This participation shall not in any case have any remuneration or salary. The Autonomous Communities may develop by regulatory means specific schemes for participation in benefits for research staff of public research entities in their competence. "

Final disposition third. Amendment of Organic Law 6/2001, of 21 December, of Universities.

Organic Law 6/2001, of 21 December, of Universities, is amended as follows:

One. New wording is given to Article 7 in the following terms:

" Article 7. Centers and structures.

The public universities will be integrated by Schools, Faculties, Departments, University Research Institutes, Doctorate Schools and by those other institutions or structures necessary for the performance of their functions. "

Two. The wording of Article 8 is amended and a paragraph 4 is added with the following wording:

" Article 8. Faculties, schools and doctoral schools.

4. Doctoral schools are units created by one or more universities, either by themselves or in collaboration with other bodies, institutions, institutions and entities with R + D + i activities, national or foreign, which have as their object the organization, within its management, of the doctorate in one or more branches of knowledge or with an interdisciplinary nature.

Universities will be able to create doctoral schools in accordance with their own regulations and in the respective Autonomous Community. Its creation must be notified to the Ministry of Education, for the purposes of its registration in the Register of Universities, Centers and Titles. "

Three.

A) The heading of Title IV is amended as follows:

" TITLE IV

Coordination, cooperation and university collaboration "

B) An article 30a is added, with the following wording:

" Article 30a. Cooperation between universities.

The universities, for the best performance of their functions in the service of society, will be able to cooperate with each other, with Public Research Bodies, with companies and with other agents of the Spanish Science System, Technology and Innovation or belonging to other countries, through the creation of strategic alliances to develop programs and projects of national and international excellence.

The Ministry of Education will be able to promote these cooperation processes for excellence by participating in such programs and projects. "

C) An article 30b is added, with the following wording:

" Article 30b. Collaboration agreements for the creation and financing of doctoral schools.

Public agents of the Spanish System of Science, Technology and Innovation, including the Public Research Bodies and the institutions and institutions of the National Health System, will be able to sign collaboration agreements whether or not with national, supranational or foreign national implementing agents for the creation or joint financing of doctoral schools. In any case, the participation of, at least, a Spanish university to which the issue of the doctor's degrees will correspond with the provisions of the current regulations, will be required for the formalization of the aforementioned agreements.

These agreements will be subject to administrative law, and in them all the contributions made by the interveners will be included. The purpose of these conventions may not be in line with that of any of the contracts covered by the public sector contract law. "

Four. A paragraph 3a is inserted in Article 48, with the following wording:

" 3 bis. They may also recruit research staff as provided for in Law 14/2011 of 1 June of Science, Technology and Innovation. "

Five. Article 48 (4) is reworded in the following terms:

" 4. The teaching and research staff employed, computed in full-time equivalences, will not be able to exceed 49 percent of the university's total of teaching staff and researchers. It shall not be counted as teachers hired to those who do not teach teaching in the teachings leading to the obtaining of the official titles as well as to the staff of the research institutes attached to the university and the schools. Doctorate. "

Six. Article 57 (2) is hereby worded as

:

" 2. The accreditation will be carried out by the examination and judgment on the documentation submitted by the applicants, by commissions composed of at least seven professors and professors of recognized teaching prestige and proven researcher belonging to the bodies of university teaching officials. Such teachers should be Catedratics for the accreditation of the body of University Catedratics, and Professor and Professors for Accreditation to the Body of University Professors.

Likewise, whether or not they have a service relationship with the University and regardless of the type of relationship, they will be able to form part of these expert Spanish commissions, as well as up to a maximum of two national experts from other countries. Member States of the European Union or foreigners. These experts should be able to be considered professionals of recognized scientific or technical prestige.

The CVs of the members of the accreditation commissions will be made public after their appointment.

The composition of the commissions regulated in this section will be established, the form of determination of its components, as well as its procedure of action and the deadlines to be resolved. In any event, it shall comply with the principles of impartiality and professionalism of its members, ensuring a balanced composition between women and men, unless it is not possible for justified and objective reasons, duly substantiated. "

Seven. A paragraph 5 is added to Article 80, with the following wording:

" 5. The rights of industrial property and intellectual property of which it is the owner of the university will form part of the university's heritage as a result of the performance by the staff of the University of their own functions. The administration and management of such goods shall be in accordance with the provisions of Law 14/2011 of 1 June of Science, Technology and Innovation. "

Eight. A final paragraph is added to Article 82, with the following wording:

"For the purposes set out in paragraph (q) of Article 4 of Law 30/2007 of 30 October of Public Sector Contracts, the Universities shall have the consideration of the Public Research Body."

Nine. New wording is given to Article 84, which is worded as follows:

" Article 84. Creation of foundations and other legal persons.

For the promotion and development of its purposes, the Universities, alone or in collaboration with other public or private entities, and with the approval of the Social Council, will be able to create companies, foundations or other people legal provisions in accordance with applicable general law. The provisions of Law 2/2011 of 4 March on Sustainable Economy, as well as Law 14/2011 of 1 June, of Science, Technology and Innovation will apply.

The endowment or the contribution to the social capital and any other contributions to the entities provided for in the preceding paragraph, which are carried out by the University's budgets, will be submitted to the rules in force in this field.

Entities in whose capital or equivalent wealth fund have a majority stake in the universities are subject to the obligation to be accountable in the same time and procedure as their own Universities. "

Ten. A paragraph 1a is added to the additional provision tenth, with the following wording:

" 1 bis. The regulation of mobility of research staff provided for in Law 14/2011, of 1 June, of Science, Technology and Innovation will apply to teaching staff and researchers at public universities. "

Once. A paragraph 3 is added to the additional provision tenth, with the following wording:

" 3. The staff belonging to the university faculty will be able to fill positions assigned to Public Research Bodies to carry out tasks related to scientific and technical research, through the mechanisms of mobility provided for in public service regulations. "

Twelve. A section III is added, in the following terms:

" Section III. Doctoral thesis management functions

The research staff in possession of the Doctor's Degree, belonging to the Public Research Bodies, will be able to perform doctoral thesis management functions, following the agreement of the organ responsible for the Doctorate from the respective University. "

Final disposition fourth. Amendment of Law 49/2002, of 23 December, of tax regime of non-profit entities and of tax incentives to patronage.

Law 49/2002, of December 23, of a tax regime of non-profit entities and of tax incentives for patronage, is amended as follows:

One. Article 3 (1) is amended as follows:

" 1. To pursue purposes of general interest, such as those for the defence of human rights, victims of terrorism and violent acts, social welfare and social inclusion, civic, educational, cultural, scientific, sports, health, work, institutional strengthening, development cooperation, promotion of volunteering, promotion of social action, environmental protection, promotion and care for people at risk of exclusion for physical, economic or cultural reasons, for the promotion of values constitutional and defence of democratic principles, the promotion of tolerance, the promotion of the social economy, the development of the information society, scientific research, technological development or innovation and transfer from the same to the productive fabric as an element of productivity and business competitiveness. "

Two. A paragraph (e) is added to Article 16, with the following wording:

"e) Public Research Bodies under the General Administration of the State."

Final disposition fifth. Amendment of Law 38/2003 of 17 November, General of Grants.

Article 31 (3) is amended, which is worded as follows:

" 3. Where the amount of eligible expenditure exceeds the amounts laid down in Law 30/2007 of 30 October of Public Sector Contracts for the minor contract, the beneficiary shall request at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of the service or the delivery of the goods, unless, for its special characteristics, there is not a sufficient number of entities on the market which perform them, provide, or save that the expenditure has been incurred prior to the grant.

The choice between the tenders submitted, which must be provided in the justification, or, where appropriate, in the grant application, shall be made on the basis of efficiency and economic criteria, and must be expressly justified in a memory of the choice when it is not the most advantageous economic proposal. "

Final disposition sixth. Amendment of Law 55/2003 of 16 December of the Staff Regulations of the Staff Regulations of Health Services.

A paragraph 4 is added to Article 67 of Law 55/2003 of 16 December of the Staff Regulations of Health Services, with the following wording:

" 4. Statutory staff may be declared in the situation of temporary leave on the terms and with the effects laid down by Law 14/2011 of 1 June of Science, Technology and Innovation. "

Final disposition seventh. Amendment of Law 29/2006 of 26 July on the guarantees and rational use of medicinal products and medical devices.

Article 3 (1) of Law 29/2006, of 26 July, of guarantees and the rational use of medicinal products and medical devices is amended, which is read as follows:

" 1. Without prejudice to the incompatibilities established for the exercise of public activities, the clinical exercise of medicine, dentistry and veterinary medicine and other health professions with the right to prescribe or indicate the dispensing of medicinal products shall be incompatible with any kind of direct economic interest arising from the manufacture, manufacture, distribution and marketing of medicinal products and medical devices. This is the exception of the provisions of Law 14/2011 of 1 June, of Science, Technology and Innovation, regarding the participation of the staff of the research centers that are dependent on the Public Administrations in the entities created or participated by those entities, with the intended purpose in the same. "

Final disposition octave. Amendment of Law 14/2007 of 3 July on biomedical research.

Law 14/2007, of 3 July, of biomedical research, is amended as follows:

One. Paragraph 2 (f) of Article 12 (2) of Law 14/2007 of 3 July of biomedical research is amended, which is worded as follows:

"f) Develop codes of good practice in accordance with the principles established by the Spanish Research Ethics Committee and manage the conflicts and files that their default generates."

Two. Article 78 (1) of Law 14/2007 of 3 July of biomedical research is amended, which is worded as follows:

" 1. They are the functions of the Bioethics Committee of Spain:

a) Issue reports, proposals, and recommendations for state and regional public authorities on issues with relevant bioethical implications.

b) Issue reports, proposals, and recommendations on matters related to the ethical and social implications of Biomedicine and Health Sciences that the Committee considers relevant.

c) Represent Spain in the forums and supranational and international organizations involved in the Bioethics.

d) Develop an annual activity memory.

e) Other than what is entrusted to you by the law of development of this law. "

Three. Article 85 of Law 14/2007 of 3 July on biomedical research is amended, which is worded as follows:

" Article 85. Research activities in the centers of the National Health System.

1. The Public Administrations shall encourage, within the framework of the Planning of their human resources, the incorporation into the health services of categories of research personnel under the statutory regime.

In the case of linked centers, which are either concerted or accepted by the new forms of management of the National Health System of Law 15/1997, of April 25, the incorporation of research personnel will be carried out in the legal system. which corresponds.

In both cases, such incorporation will be carried out through the legally established selection procedures, which will in any case be subject to the guiding principles of public employment access to which the Article 55 of Law 7/2007, of 12 April.

2. The centres of the National Health System, including those referred to in the second subparagraph of the previous paragraph, where they are beneficiaries of aid or public subsidies which include the recruitment of research staff in their subject-matter, may to recruit investigative staff in accordance with the contractual arrangements provided for in Articles 21 and 22 of Law 14/2011 of 1 June of Science, Technology and Innovation, and in accordance with the provisions of that law.

In the case of the contract of access to the Spanish System of Science, Technology and Innovation in accordance with Article 22, the centers will be able to hire doctors or specialists who have passed the specialized health training. The assessment referred to in that Article shall be assessed in a manner that is regulated.

3. Research activities, as well as national and international mobility for research purposes, will be taken into account in the merit scales for access, promotion and in their case development and career of the professionals of the System National of Health who develop care and/or research activities.

4. In the field of the respective health services, measures will be arbitrated to promote the care and research of their professionals, the participation of them in international research programs and their compatibility with the carrying out activities in other research bodies, subject to the provisions of Law 53/1984 of 26 December, and, where appropriate, in the autonomous laws, on incompatibilities. "

Four. Article 86 of Law 14/2007 of 3 July on biomedical research is amended, which is worded as follows:

" Article 86. Mobility of research staff.

1. Mobility and the exchange of researchers linked to the health research of different centres within the national framework and the European Research Area and the reciprocal cooperation agreements with other States shall be encouraged.

Officials belonging to research bodies or scales and research staff will be allowed to carry out work related to scientific and technological research outside the field of research. they are assigned, by means of the mobility mechanisms provided for in the rules of public service and in Law 14/2011 of 1 June, of Science, Technology and Innovation.

2. The official staff and the staff member may be declared in a situation of temporary leave to join other public or private servants of the Spanish System of Science, Technology and Innovation or other international agents. or foreigners, as well as providing services in commercial companies, as provided for in Law 14/2011 of 1 June of Science, Technology and Innovation. "

Final disposition ninth. Title and character of basic legislation.

1. This law is issued under the provisions of Article 149.1.15. of the Constitution, which confers exclusive competence on the State on the promotion and general coordination of scientific and technical research.

2. The following provisions of this law constitute regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of the rights and the fulfilment of constitutional duties, according to the article 149.1.1. 1st of the Constitution: additional provision thirteenth.

3. The following provisions of this law are issued under Article 149.1.7. of the Constitution, which confers exclusive competence on labour law to the State, and is of general application: Articles 16, 17, 18, 20, 21, 22, and 23 and additional provision sixteenth.

4. The following provisions of this law are dictated by the article 149.1.9. of the Constitution, which attributes to the state exclusive competence on legislation on intellectual and industrial property, and they are of general application: provision additional nineteenth and final disposition second.

5. The following provision of this law is issued under Article 149.1.16 of the Constitution, which confers on the State competence on legislation on pharmaceutical products and on the subject of bases and general coordination of health: provision final seventh and final disposition octave.

6. The following provisions of this law are issued under the terms of Article 149.1.14. of the Constitution, which gives the State exclusive jurisdiction over the general budget: additional provision fifteenth and fourth final provision.

7. They have the character of basic legislation, in accordance with the provisions of Article 149.1.18. of the Constitution, the following provisions of this law: Articles 16, 17 and 18, additional provision eleventh, final disposition first, provision final fifth and final disposal sixth.

8. The following provisions of this law are issued under Article 149.1.17 of the Constitution, which gives the State exclusive competence over the economic system of social security: an additional eighteenth provision.

9. The following provisions of this law are issued pursuant to Article 149.1.30. of the Constitution, which confers exclusive competence on the State on the regulation of the conditions for obtaining, issuing and approving academic titles. professional and basic standards for the development of Article 27 of the Constitution, in order to ensure compliance with the obligations of the public authorities in this field: Chapter III of Title II and final disposition third.

Final disposition tenth. Regulatory development.

The Government, on a proposal from the Ministry of Science and Innovation, will dictate in the field of its competences the necessary provisions for the implementation and development of the provisions of this law.

Final disposition eleventh. Entry into force.

This law will enter into force six months after its publication in the "Official Gazette of the State", with the exception of the following provisions:

(a) Article 21 shall enter into force upon the year of the publication of this law in the "Official Gazette of the State".

(b) Article 25 (5) and paragraphs 1, 2 and 3 of the seventh additional provision shall enter into force on 1 January 2014.

(c) The additional twelfth provision shall enter into force on the day following that of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 1 June 2011.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO