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Royal Decree 1636 / 2009 Of 30 October, Amending Royal Decree 451/1995, 24 March, Whereby The Reorganized Agency Autonomous Channel Hydrodynamic Experiences Of El Pardo.

Original Language Title: Real Decreto 1636/2009, de 30 de octubre, que modifica el Real Decreto 451/1995, de 24 de marzo, por el que se reorganiza el Organismo Autónomo Canal de Experiencias Hidrodinámicas de El Pardo.

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TEXT

The Royal Decree 451/1995, of 24 March, for which the Autonomous Agency is reorganized Canal de Experiences Hydrodynamics of El Pardo, defines the location of the aforementioned organism in the organic scheme of the Ministry of Defense and delimit the competences of the bodies responsible for the management and global trajectory and those of those other that focus on the direction and timely management of the activities of the Centre. Article 5 sets out the composition of the Governing Council.

The Association of Naval and Ocean Engineers of Spain, is a free association of professionals, non-profit, host to the Organic Law 1/2002, of March 22, regulatory of the Law of Association. The nature of the objectives of this association and the time since the entry into force of the said royal decree advise the modification of the composition of the Rector Council with the inclusion of a representative of the said association and the updating of the name of the ministerial departments and management centres of the General Administration of the State referred to therein.

For its part, Article 24.6 of Law 30/2007 of 30 October of Contracts of the Public Sector provides that, for the performance of the benefits associated with the management tasks assigned to them, the statutes of public bodies shall expressly recognise the status of the public and technical service of the contracting authorities for which they carry out the essential part of their activity.

Finally, this provision is used to update the references to the ministerial departments and management centers of the General Administration of the State, as well as to their compliance with the current regulations.

In its virtue, at the initiative of the Minister of Defense, on a proposal from the Minister of the Presidency and the Minister of Economy and Finance, after deliberation by the Council of Ministers at its meeting on 30 October 2009,

DISPONGO:

Single item. Amendment of the Royal Decree 451/1995 of 24 March, for which the Autonomous Agency of the Autonomous Canal of the Hydrodynamic Experiences of El Pardo is reorganized.

The Royal Decree 451/1995, of 24 March, for which the Autonomous Agency is reorganized Canal de Experiences Hidrodynamics de El Pardo, is modified as follows:

One. Article 1 is worded as follows:

" Article 1. Legal nature and membership.

1. The El Pardo Hydrodynamic Experiences Canal (CEHIPAR) is a public center for research, technological development and high-level technical assistance, configured as an autonomous body as provided for in Article 43.1.a) of Law 6/1997, of 14 April, Organization and Functioning of the General Administration of the State.

2. The Canal de Experiences Hidrodynamics de El Pardo, in accordance with the provisions of Article 42.1 of Law 6/1997, of April 14, has a distinct public legal personality, equity and treasury, as well as autonomy of management, and full legal capacity and to act, within its sphere of competence, for the necessary administrative powers for the fulfilment of its purposes, in the terms provided for in this statute, except for the expropriation of power.

3. The Canal is attached to the General Directorate of Armament and Material of the Ministry of Defense, to which it corresponds, in accordance with the provisions of Articles 43 and 51 of Law 6/1997 of 14 April, through its membership organ, strategic direction, evaluation and results control of the El Pardo Hydrodynamic Experiences Channel, as well as the control of its effectiveness.

4. The Hydrodynamic Experiences Canal of El Pardo will be governed by law 13/1986 of April 14, of the General Development and Coordination of Scientific and Technical Research and other legal provisions. "

Two. Article 4 (1) is worded as follows:

" 1. The Governing Council, the collegiate governing body of the Canal, is responsible for the relationship with the different spheres of public administrations and other public and private entities, in accordance with the guidelines of the Ministry of Defense, and of the defined by the Government's Delegation for Scientific and Technological Policy, in the framework of the Annual Plan of Scientific Research and Technological Development. It shall also carry out the tasks entrusted to it in this royal decree and any other tasks assigned to it. "

Three. Article 5 is worded as follows:

" Article 5. Composition of the Governing Board.

1. The composition of the Rector Board is as follows:

(a) The President, the position to be taken by the Director General of Armament and Material.

(b) The Vice President shall be the Director of the Channel, who shall replace the President, in the event of absence, vacancy or illness.

c) Vocals:

1. The Vice President of Scientific and Technical Research at the State Agency Higher Scientific Research Council.

2. The Director of the Center for Studies and Experimentation of Public Works (CEDEX) of the Ministry of Public Works.

3. The Deputy Director General of Technology and Centers of the General Directorate of Armament and Material of the Ministry of Defense.

4. The Deputy Director-General of Industrial Sectoral Policies of the Industry, Tourism and Trade Ministry's Industry Directorate-General.

5. The Deputy Director General of Quality and Standardization of Ships and Equipment of the General Directorate of the Merchant Navy of the Ministry of Public Works.

6. The Director of Military Naval Buildings of the Navy Logistics Support Headquarters.

7. A representative of the Secretary of State of the Defense, with category, at least Deputy Director General, appointed by the Minister of the Department mentioned above.

8. A representative of the General Staff of the Armada., with category at least, Chief of Division, appointed by the Chief of Staff of the Navy.

9. A representative of the General Budget Directorate of the Ministry of Economy and Finance, with a category, at least, of Deputy Director General, appointed by the Minister of the Department previously mentioned.

10. A representative of the Directorate General of Fisheries Management of the Ministry of Environment and Rural and Marine Environment, with category, at least Deputy Director General, appointed by the Minister of the Department previously cited.

11. A representative of the Ministry of Defence's Directorate-General for Economic Affairs, appointed by the Minister of the Department previously mentioned.

12. A representative of the Directorate-General for International Cooperation and Institutional Relations of the Ministry of Science and Innovation, with category, at least Deputy Director General, appointed by the Department Minister Cited above.

13. The Director of the Superior Technical School of Naval Engineers.

14. The President of the Association of Naval and Naval Engineers of Spain.

15. A representative of the Spanish Union of Shipbuilders (UNINAVE), appointed by its President.

16. A representative of the Association of Spanish Shipping (ANAVE), appointed by its President.

d) A legal adviser, appointed by the President, who will act with voice and without a vote.

(e) The Secretary of the Governing Council shall be held by an official of a post of the Agency, appointed by the President, on a proposal from the Director of the Channel, who shall act with a voice and without a vote.

2. The President of the Governing Council may convene his or her sessions to other persons of the Channel or other persons of the Channel, in order to attend to his professional competence, with a voice and without a vote, for matters relating to the order of the day. "

Four. Article 7 is worded as follows:

" Article 7. Standing Committee of the Governing Council.

1. The Permanent Commission of the Governing Council shall ensure that the Canal's missions and work plans are complied with and that the provisions affecting it are complied with.

2. It will be integrated by:

a) The President of the Rector Board.

b) The Vice President of the Rector Board.

c) Vocals:

1. The Deputy Director General of Technology and Centers of the General Directorate of Armament and Material of the Ministry of Defense.

2. The Deputy Director-General for Industrial Sectoral Policies of the Industry, Tourism and Trade Ministry's Industry Directorate-General.

3. The Deputy Director General of Quality and Standardization of Ships and Equipment of the General Directorate of the Merchant Navy of the Ministry of Public Works.

4. The Director of Military Naval Buildings of the Navy Logistics Support Headquarters.

Representatives to the Governing Board of the following bodies:

5. Directorate-General for Budgets of the Ministry of Economy and Finance.

6. Directorate General for International Cooperation and Institutional Relations of the Ministry of Science and Innovation.

d) A legal adviser, appointed by the President, who will act with voice and without a vote.

e) He will act as the Secretary himself of the Rector Council, which will do so in a voice and without a vote.

3. The President of the Governing Council may convene his or her sessions to other persons of the Channel or other persons of the Channel, in order to attend to his professional competence, with a voice and without a vote, for matters relating to the order of the day. "

Five. Article 8 is worded as follows:

" Article 8. Channel Address.

The Channel Address will have a General Subdirection level. The appointment of its holder shall be the responsibility of the Minister of Defence, on the proposal of the Secretary of State for Defence, heard by the Governing Council. The Director shall have recognized prestige in the field of Hydrodynamics. "

Six. Paragraph (f) of Article 9 is worded as follows:

" (f) Authorizing the expenses and ordering the necessary payments for the exercise of the activities, as well as the management of the assets and rights members of the Canal patrimony and the updating of its inventory, for the purposes of its conservation, correct administration and legal defense of the same, in accordance with the provisions of Law 6/1997 of April 14, of the Organization and the Functioning of the General Administration of the State, Law 47/2003, of 26 November, General Budget, Law 30/2007, of October 30, of Public Sector Contracts, Law 33/2003, of 3 of November, the Heritage of Public Administrations, and other applicable regulations. "

Seven. A new Chapter V is added, with a single Article 13, which is worded as follows:

" CHAPTER V

Hiring Regime

Article 13. Arrangements for the recruitment and consideration of CEHIPAR as its own.

1. In accordance with the provisions of Article 49 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, CEHIPAR shall be governed by the general rules of the contracting of the General government.

2. For the purposes of Article 24.6 of Law 30/2007 of 30 October, of Public Sector Contracts, and other public regulations resulting from implementation, CEHIPAR shall have the consideration of its own means and technical service. General administration of the State and contracting authorities dependent on it.

3. The contracting authorities in respect of which the CEHIPAR is a means of its own and a technical service may confer on it a management system for the performance of work and tasks falling within the scope of its powers. These shall be mandatory for the CEHIPAR and shall be carried out in accordance with instructions unilaterally laid down by the authority. The terms and conditions for carrying out such work or tasks shall be set out in the framework.

4. In accordance with the provisions of Article 24.6 of Law 30/2007 of 30 October, the condition of its own means and technical service in respect of a contracting authority determines the impossibility of the CEHIPAR participating in public tenders (a) they shall be convened by the Commission, without prejudice to the fact that, where no tenderer is present, the performance of the benefit under which they are carried out may be entrusted to the CEHIPAR.

5. The rates of the services provided by CEHIPAR as a means of its own and technical service shall be those contained in the order establishing the amount of public prices for services provided, published in the Bulletin State Officer. ""

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 30, 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ