Both Spain and the whole of the European Union states have chosen to build themselves as knowledge-based societies in order to secure their future in a context marked by sustainable development. In order to achieve a society of this nature, apart from a high level of scientific and technological research, it is necessary to have a set of solidly established structures to ensure the continuous generation of knowledge and the drive towards its transformation into elements that contribute to the improvement of social welfare. Not in vain the administrations of the European Union states generally have research organizations that fulfill a wide range of functions to guarantee their scientific-technological development. These organizations enjoy their own management tools and develop their activities by collaborating with other agents of the science and technology system, in most cases being authentic articulators of the development of the activity. researcher from their States.

In line with its European counterparts, Spain has a set of public research bodies that generate knowledge and provide scientific-technological services to public administrations. Among them the Scientific Research Council has a central role in the scientific and technological policy of the General Administration of the State, exercising functions ranging from basic research to the provision of of services linked to the different areas of knowledge, and articulating the Spanish science and technology system through collaboration with other institutions, especially with universities and hospitals. While the Scientific Research Council has developed an important work throughout its history, its performance could be greatly improved if it were to be empowered to operate with a higher level of performance. agility and autonomy.

Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services, in its third provision, provides that the Government is authorized to transform the legal figure of the Superior Council of Scientific Research in the State Agency. The purpose of this Royal Decree is to approve such a transformation and the Statute which shall govern the operation of the State Agency which is created.

In line with the institutions approved to the Higher Council of Scientific Research at the European level, the Statute presented has a non-regulatory approach in order to enable the Agency to adapt ease at the changing pace of the research activity, relegating much of what concerns the regulation of internal functioning to its approval by the Rector Council.

Also, the Statute fixes only the basic organic structure of the Agency and for the rest of its organisation it sets out its categories only, giving the Governing Council this organisational competence within the framework of the management contract. This provides for a Statute which will be valid in the medium and long term and which will enable the Agency to adapt easily to the demands of the moment, which is essential in a changing environment such as scientific research and technological development.

The Royal Decree contains a single article creating the National Agency of Higher Scientific Research and approving its Statute, five additional provisions, five transitional provisions, a repeal and a In addition to the articles of the Statute, which consists of 42 articles organised in six chapters.

Chapter I provides for general provisions such as the name and nature, the membership and the seat, and the object and functions. It also regulates both creation and participation in other entities.

Chapter II has four sections and regulates the organisational structure of the Agency. The first section presents the classification of the different types of organs: government, executive, support and management, and establishes the regime applicable to the collegiate and governing bodies. In addition, the generation of internal rules is structured and acts and resolutions are established which put an end to the administrative route. The second section establishes the functions of the governing bodies, the Presidency and the Governing Council and establishes the composition of the latter. The Presidency is designed with executive character. The third section sets out the structure and functions of the support bodies, the Control Committee, the Scientific Advisory Committee, the Interterritorial Committee, and the Ethics Committee. Finally, the fourth section establishes the structure and functions of the first level management bodies, Vice-Presidents and General Secretariat.

Chapter III regulates the organisation of CSIC activity. The principles of action are laid down and the structure of the management contract as well as the procedure for its preparation and approval are regulated. The mechanisms for drawing up the annual action plan, the general activity report and the annual report and the annual accounts are also established. The last two articles of the chapter set out the general criteria for the organization and evaluation of the research activity.

Chapter IV regulates the operation and means of the State Agency CSIC and consists of two sections. The first section sets out the rules for recruitment and heritage. In the second, the regime and the mechanisms of access and selection of personnel. In this section, the remuneration scheme, the professional career and the part-time provision are also regulated.

Chapter V establishes the economic-financial, budgetary, accounting, intervention and financial control regime of the CSIC State Agency, also fixing the allocation of the delegated intervention; VI takes up the issue of legal advice and representation and defence in judgment.

In its virtue, at the initiative of the Ministry of Education and Science, on a joint proposal of the Ministers of Public Administrations and of Economy and Finance, according to the Council of State and after deliberation of the Council of Ministers at their meeting on 21 December 2007,

D I S P O N G O:

Single item. Creation of the State Agency Higher Council for Scientific Research and approval of its Statute.

By virtue of the authorization provided for in the third provision of Law 28/2006 of July 18 of State Agencies for the Improvement of Public Services, this Royal Decree is intended to create the The State Agency for Scientific Research (CSIC), to which the Staff Regulations of the Agency are approved, the text of which is inserted below.

Additional disposition first. Constitution of the State Agency Higher Council for Scientific Research.

1. The constitution of the State Agency of Higher Scientific Research will be produced with the celebration of the constitutive meeting of its Council Rector, which will take place within one month from the entry into force of this real decree.

2. Once the Agency has been established, the Autonomous Body of the Higher Council for Scientific Research shall be deleted, subrogating the Agency in the entirety of its assets, rights and obligations.

Additional provision second. Removal of organs.

The following bodies of the Autonomous Body of the Higher Council of Scientific Research are deleted:

a) The Rector Board.

b) The Governing Board.

c) The President.

d) The Vice Presidency for Scientific and Technical Research.

e) The Vice Presidency of Organization and Institutional Relations.

f) The General Secretariat.

g) The General Subdirection of Programming, Monitoring, and Scientific Documentation.

h) The General Subdirectorate of International Relations.

i) The Economic Performance General Subdirectorate.

j) The Human Resources Subdirectorate General.

k) The General Subdirection of Works and Infrastructures.

Additional provision third. Incorporation of staff.

It is incorporated as personnel of the CSIC State Agency that is included in the date of incorporation of the same in the relation of posts of the Autonomous Body CSIC. Officials who become part of the staff at the service of the Agency for the purpose of filling posts to which they are assigned shall remain in active service in their Body or Scale of origin, retaining the same the situation, seniority and degree they had, with the same rights and obligations as they had at the time of integration. The employment staff who become part of the staff at the service of the Agency for the purpose of filling posts to which they are assigned, would be integrated into the staff of the Agency, with the same rights and obligations. that they had at the time of integration.

Additional provision fourth. Organic structure.

The variations that may occur in the organic structure of the Superior Council of Scientific Research in application of the Statute or its implementing rules will be reflected, in accordance with the current regulations, in the the list of posts of the Agency.

Additional provision fifth. University faculty staff who provide their services at CSIC.

1. The staff of the Faculty of Teachers and of the University Catedratics who are currently in the CSIC for the Scales listed in Article 30.a.1. of the Statute to be approved by means of this Royal Decree, he shall receive his remuneration, while holding such posts, in accordance with the specific remuneration scheme provided for in Article 33 thereof.

2. The CSIC may also include the staff referred to in the previous paragraph and that belonging to those bodies which provides services at its university for mixed institutes with the CSIC, in their calls for access through promotion internal to the scales of Research Professors, Scientific and Scientific Researchers of CSIC.

First transient disposition. Elaboration of the Management Contract.

The Governing Council of the CSIC State Agency shall approve and forward to the competent Departments within three months of its formation the first proposal for a Management Contract referred to in Article 24.2 of the This Statute. Exceptionally, the first management contract shall have a period of validity ending on 31 December 2009. Until the planned Management Contract is approved, the Agency's Initial Action Plan contained in the Report accompanying this Royal Decree will be applicable.

Second transient disposition. Transitional regime of the organs of the Autonomous Body of the Higher Council of Scientific Research.

1. The governing body and advisory bodies established and regulated by the Statute of the Autonomous Body of the Higher Council of Scientific Research, approved by Royal Decree 1945/2000 of 1 December, and provisions for development, continue in the performance of their duties until the Governing Council is established.

2. The bodies of the autonomous body of the Consejo Superior de Investigaciones Científicas will continue to carry out their duties until the appointment of the management staff of the Agency. The Subdirectorates-General shall remain in transit until the following Deputy General/General Secretaries are established to replace them, in accordance with Articles 18 (5) and 19 (2) of the Staff Regulations.

Transitional provision third. Perception of remuneration.

Officials and other staff who are affected by the organic changes laid down in the Staff Regulations will continue to receive their rights under the appropriations in which they are charged, until they are adopt the implementing provisions and the budgetary adjustments which, where appropriate, are necessary.

Transitional disposition fourth. Remaining administrative units.

The administrative units of the CSIC Autonomous Body will subsist and maintain their organization and functions until the Working Party Relationship of the CSIC State Agency is approved.

Transient disposition fifth. Transitional budgetary regime.

The Agency shall manage from the moment of its effective constitution the budget of the Autonomous Body CSIC until a budget defined in the terms provided for in Law 28/2006, of July 18, of Agencies is approved state for the improvement of public services.

Single repeal provision. Regulatory repeal.

All the provisions of equal or lower rank that are contrary to the provisions of this royal decree and specifically the Royal Decree 1945/2000 of 1 December 2000, for which the Statute of the Autonomous Body Higher Council of Scientific Research.

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, December 21, 2007.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

STATUTE OF THE STATE AGENCY SUPERIOR SCIENTIFIC RESEARCH COUNCIL

CHAPTER I

General provisions

Article 1. Name and nature.

The Scientific Research Council (CSIC) is a State Agency for scientific research and technological development, with distinct legal personality, equity and own treasury, functional autonomy and of management, full legal capacity and to act and of indefinite duration, corresponding to the precise administrative powers for the fulfillment of its purposes, in the terms laid down in the regulations that is applicable to it.

Article 2. Subscription and Headquarters.

1. The CSIC is attached to the Ministry of Education and Science through the Secretariat of State of Universities and Research

2. The CSIC has its headquarters in Madrid, with centers, institutes and units distributed by Spain and abroad.

Article 3. Legal regime.

1. The CSIC is governed by Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services, by the provisions of this Statute and, in an additional manner, by the normative provisions applicable to it according to the Article 2 (2) of that law.

2. The CSIC will be implementing the provisions of Law 13/1986 of 14 April, of Promotion and General Coordination of Scientific and Technical Research, in which it does not object to Law 28/2006, of July 18, of State Agencies for the Improvement of public services

Article 4. Object.

The object of the CSIC is the promotion, coordination, development and dissemination of scientific and technological research, of a multidisciplinary nature, in order to contribute to the advancement of knowledge and economic development, social and cultural, as well as staff training and advice to public and private entities in these areas.

Article 5. Functions.

In order to comply with its object, the functions of the CSIC, applicable to all scientific and technical areas, are:

a) Conduct scientific and technological research and, where appropriate, contribute to its promotion.

b) Transfer the results of scientific and technological research to public and private institutions.

c) Provide scientific and technical services to the General Administration of the State as well as other public and private administrations and institutions.

d) Drive the creation of technology-based entities and companies.

e) Contribute to the creation of competent entities for the management of technology transfer and valuation.

f) Forming researchers.

g) Forming experts through high specialization courses.

h) Promoting scientific culture in society.

i) Manage scientific and technical facilities entrusted to you in the service of the scientific research and technological development system.

j) Participate in the international bodies and bodies entrusted to you by the Ministry of Education and Science.

k) Participate in the national organs and agencies entrusted to you by the Ministry of Education and Science.

l) Participate in the design and implementation of the scientific and technological policies of the Ministry of Education and Science.

m) To collaborate with other institutions, both national and international, in the promotion and transfer of science and technology, as well as in the creation and development of centers, institutes and research units scientific and technological.

n) Collaborate with universities in the activities of scientific research and technological development and in post-graduate teaching.

n) Report, assist and advise on science and technology to public and private entities.

o) Forming experts in science and technology management.

p) Collaborate on updating knowledge in science and technology of non-university teaching faculty.

q) Support the implementation of sectoral policies defined by the General Administration of the State through the development of technical studies or applied research activities.

r) Cuentará others aimed at enhancing scientific and technological research that ascribes to it the applicable regulations or is entrusted to it by the Government.

Article 6. Creation and participation in other entities.

For the performance of the tasks set out in the previous article, after a binding report of the Ministry of Education and Science, the CSIC may, under the Management Contract, participate or create the procedures legally applicable, public or private entities such as commercial companies, foundations, consortia and any other type of entity with legal personality, by agreement of the Governing Council. Where the participation of CSIC in such entities is majority, the principles of advertising and competition in procurement shall apply to them.

CHAPTER II

Organization

Section first. Organisation, operating system and incompatibilities

Article 7. Government, executive and support bodies.

1. The governing bodies of the CSIC are the President and the Governing Council.

2. The executive body of the CSIC is the President.

3. They are collegial organs of support to the President and the Council Rector:

a) The Control Commission.

b) The Scientific Advisory Committee.

c) The Interterritorial Committee.

d) The Ethics Committee.

4. The designation of its members and members shall be in accordance with the criterion of parity between men and women.

Article 8. Regime of the Governing Council and of the collegiate support bodies.

The Governing Council and the collegiate support bodies shall be governed by the provisions of this Statute and in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure. Common, as well as in the operating rules which, if necessary, approve in accordance with the provisions of Chapter II of Title II of that Law.

Article 9. Incompatibility regime applicable to the President.

The President will be subject to the regime of incompatibility of activities and control of interests established by Law 5/2006, of April 10, of regulating the conflicts of interest of the members of the Government and of the High Positions of the General Administration of the State and the provisions of its development provisions. When you have the status of an official you will be in the situation of special services.

Article 10. Acts and resolutions of the Governing Council and the President.

1. The Agency shall lay down the internal rules necessary for the performance of its object and its operation, which may take the form of:

a) Resolutions of the Governing Council to be signed by the President

b) Resolutions and circulars of the President.

2. They put an end to the administrative procedures and resolutions adopted by the Governing Council and the President in the exercise of their duties. Against those acts, the Court of Justice shall have the right to appeal, without prejudice to the replacement of the powers provided for in Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative.

Section 2. Governing bodies

Article 11. President of the CSIC.

1. The President of the CSIC and its Rector Board will be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the holder of the Ministry of Education and Science, among persons with proven experience in research and management of I + D shall have sole responsibility for exercising the functions set out in this Article. In cases of absence, vacancy or illness, the President of the CSIC shall be replaced, except in his role as President of the Governing Council, by the Vice-Presidents in the order described in Article 18.

2. The following functions are the responsibility of the CSIC President:

a) Ostend the institutional representation of the CSIC.

b) Chair the Governing Council, as well as ensure the execution of their agreements.

c) Report to the Ministry of Education and Science and the Ministries of Public and Economic Administrations and Finance on the implementation and fulfillment of objectives set out in the Management Contract.

d) Chair the Scientific Advisory Committee and the Interterritorial Committee.

e) Ostend the legal representation of the CSIC.

f) Agreed to the budgetary changes in the terms and with the limits set out in Article 27 of Law 28/2006 of July 18.

g) Agreed to the application of the non-affected cash balances to finance increased expenditure, in accordance with the limits set out in Article 27 of Law 28/2006 of 18 July.

h) Manage the cost credits of the CSIC budgets.

i) To celebrate all types of contracts, conventions or legal businesses on behalf of the CSIC in its field of competence, in accordance with the applicable regulations and with those laid down in this Statute.

j) Propose to the Governing Council the approval and modification of the CSIC's job relations, within the framework set out in the Management Contract.

k) The selection, subject to the agreement, where appropriate, to the effect and the provision of official staff positions and the recruitment of the Agency's workforce.

l) Play the top leadership of all CSIC staff.

m) Propose to the Governing Council the appointment and cessation of management staff, as well as the determination of the criteria and percentages of the allocation of their incentives to performance.

n) Grant the licenses provided for in Article 19.2 of Law 13 /1986 of 14 April.

n) Approve and commit the expenses, recognize the economic obligations, carry out the corresponding bookings, as well as the accountability of the CSIC.

(o) The other powers and functions assigned to it by this Statute and the Governing Council of the CSIC or are entrusted to it by the provisions in force, as well as those not expressly attributed to the other CSIC bodies.

3. The President may delegate his or her own duties as appropriate and may be delegated to the Vice-Presidents, to the Secretary-General, and to the other bodies of the dependents. The provisions of paragraphs (f), (g), (j), (l) and (m) of the previous paragraph are inselectable.

4. The President may obtain from all the collegiate and single-person bodies covered by this Statute the reports and opinions which are necessary for the proper performance of the tasks entrusted to them.

5. The President will have a Cabinet that will develop advisory and support functions.

Article 12. Composition of the Governing Board.

1. The Governing Council shall be composed of the President of the Agency, who shall also be the President of the Council and the following members:

a) Four members representing the Ministry of Education and Science and one for each of the following Ministries: Economy and Finance, Public Administrations, Industry, Tourism and Trade, Health and Consumer Affairs Environment, all of them with a minimum rank of Director General or equivalent and proposed by their respective Ministers.

b) Five members appointed by the Minister of Education and Science among professionals of recognized prestige in the field of scientific research and technological development. The term of office shall be four years.

(c) Two members among the members of the Interterritorial Committee governed by Article 16. The procedure for its designation and the duration of the term of office shall be determined by agreement of the said Committee. The designated persons shall fall within the category of Article 16 (b).

d) Three counsellors appointed by the most representative trade union organisations. The term of office shall be four years.

e) A Rector appointed by the Council of Universities. The term of office shall be four years

2. Members shall be appointed by the holder of the Ministry of Education and Science.

3. The Secretary of the Governing Council shall be appointed by the Secretary on a proposal from the President of the CSIC, and shall attend the meetings with a voice but without a vote.

4. The President may invite the Governing Council sessions to the persons whom he considers appropriate, who shall have a voice but no vote.

5. The Governing Council shall establish the procedure for the replacement of the President in the course of his/her sessions, in the event of the absence of his holder.

6. The Governing Council shall meet at least four times a year in ordinary session. The President may agree to extraordinary meetings as many times as is necessary for the development of the tasks which the Governing Council has entrusted to it, on its own initiative or at the request of at least one third of its members.

Article 13. Functions of the Rector Board.

The following are the functions of the Rector Board:

a) Approve the proposal of the Management Contract referred to in Article 24 of this Statute.

b) Approve the Annual Action Plan and the CSIC Multi-Annual Action Plan, as well as the quantitative and qualitative criteria for measuring compliance and the degree of efficiency, in the framework of the Management Contract.

(c) Approve the proposed public employment offer of the CSIC for integration in the supply of state public employment, in the framework of what is authorised in the management contracts.

(d) Approve the rules for the development of this Statute as regards the organisation and functioning of the development of CSIC activity at the general level and at the level of its centres, institutes and units.

e) Approve the preliminary draft budget of the CSIC and the contraction of obligations of a multi-annual nature within the limits set in the Contract of Management and propose to the Ministry of Economy and Finance the variations in the overall amount of the budget and those affecting the staff costs referred to in Article 27.3 of Law 28/2006 of 18 July, at the initiative of the President.

f) Carry out the monitoring, supervision and control of the Agency and approve the regular activity report and how many extraordinary management reports it deems necessary, assessing the results obtained and recording the deficiencies observed, which will be forwarded to the Ministry of Education and Science

g) Approve, after binding report of the Ministry of Education and Science, the creation and participation of the Agency in public or private entities referred to in Article 6.

h) Approve the annual accounts and, where appropriate, the distribution of the result of the financial year, in accordance with budgetary legislation.

i) Approve the criteria and procedures for the selection of the Agency's staff.

j) The appointment and termination of the heads of the management bodies, as well as the determination of the criteria for the allocation of their performance incentives, on a proposal from the President.

k) On a proposal from the President, approve and modify the relations of the CSIC's working positions, within the framework set out in the Management Contract

(l) agree, on a proposal from the President, on the creation and deletion of CSIC's own centres, institutes or scientific research and technological development units, or to recognise as joint centres, after the Ministry of Education and Science, to which they are created by means of collaboration agreements or by entities in which the CSIC has participation, within the budgetary resources and the forecasts of the Ministry of Education and Science. This competition will be developed in the framework of what is authorised by the management contracts.

m) The control of the President's management and the requirement for this responsibility to be carried out.

n) To dictate the rules of operation of the Governing Council itself as not provided for in this Statute, in accordance with Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

n) Other than any other that is attributed to you by this Statute or the other applicable regulations.

Section 3. Support bodies

Article 14. Commission of Control.

1. The Control Board shall be established within the Governing Board, the functions of which are:

a) Know the reports to be developed on the development and implementation of the Management Contract in order to assess the levels of compliance with the Agency's performance.

b) Know the Agency's accounts and monitor compliance with formal requirements.

c) To know the results of the control carried out by any of the bodies and bodies referred to in Article 40 and to analyse and, where appropriate, propose strategies to correct management weaknesses displayed in the reports.

d) Drive the adequacy and integrity of internal management systems.

e) Determine the economic and financial information to be provided to the Rector Board and its periodicity.

2. The Control Board shall be composed of a minimum of three and a maximum of five members from among the members of the Governing Board appointed by the Board, who have no management responsibilities at the Agency and who shall have training and knowledge on management, budgeting and control tasks in the state public sector, which shall be chosen by a President. The Control Board shall meet in an ordinary manner once a quarter.

3. The Executive Controller shall attend the meetings of the Control Committee with a voice and without a vote.

Article 15. Scientific Advisory Committee.

1. There will be a permanent Scientific Advisory Committee composed of scientists and technologists from the different areas of knowledge in which the scientific activity of the CSIC is distributed, with the function of informing and advising on aspects Science-technology to the CSIC Presidency and to the Rector Council. To this end, the Scientific Advisory Committee shall inform the following matters in a mandatory manner:

(a) The Management Contract and the Multi-Annual Action Plans.

b) The creation, modification, ordination, suppression and evaluation of centers, institutes, and research units.

c) Any others entrusted to them by the Presidency or the Governing Council.

2. It will be chaired by the President of the CSIC and will form part of it, as members, the Vice-Presidents. The composition of the other vowels and their operating rules shall be determined by agreement of the Governing Council. In any case, the presence of CSIC scientific staff will be ensured.

3. The Presidency may set up and delete any additional advisory committees deemed necessary for specific matters not included among those assigned to the Scientific Advisory Committee. In this framework, the CSIC Women and Science Commission will work to advise on the aspects related to the implementation, monitoring and evaluation of gender equality plans.

Article 16. Interterritorial Committee.

In order to analyze and propose mechanisms for coordinating the scientific and technological activity of the Agency with the scientific research and technological development plans of the autonomous governments with which they exist Cooperation agreements with CSIC and cooperation agreements with universities, centres and public research institutes of non-state ownership, shall exist an Interterritorial Committee chaired by the President of the Agency and composed of:

(a) Up to a maximum of seventeen vowels appointed by the President on a proposal from the competent authorities for scientific and technological research in each of the Autonomous Communities.

b) Up to a maximum of 18 vowels appointed by the President, one of whom shall act as secretary.

Article 17. Ethics Committee.

There will be a consultative and permanent Ethics Committee, which is responsible for reflecting, issuing reports and making recommendations on ethical and ethical principles relating to research activity. The composition and operating rules of the Committee shall be approved by the Governing Board, with its Presidency corresponding to one of its members. The Committee may also set up specialised subcommittees.

Section 4. Management bodies

Article 18. Vice Presidencies.

1. The CSIC will have three Vice-Presidencies: the Vice-Presidency for Scientific and Technical Research, the Vice-Presidency of the Organization and Institutional Relations, and the Vice-Presidency for International Relations. Without prejudice to the superior leadership exercised by the President, these Vice-Presidencies shall be responsible for the tasks set out in the following paragraphs.

2. Vice Presidency for Scientific and Technical Research. This Vice-Presidency shall perform the following tasks:

a) Management of the planning, monitoring and coordination of scientific and technical research and knowledge transfer.

b) Management of the planning and coordination of the provision of scientific and technical personnel and scientific infrastructures to the centres, institutes and units.

c) Direction of the Coordinations of Scientific-Technical Areas and intramural and collaborative research programs.

d) Management of the management of large scientific and technical facilities and scientific-technical evaluation.

e) Management of the planning, monitoring and coordination of recruitment and training activities for research and technical staff.

f) Management of the management of CSIC participation in competitive calls at the state and regional level.

3. Deputy Presidency of the Organization and Institutional Relations. This Vice-Presidency shall perform the following tasks:

a) Direction of the coordination of the organization of centers, institutes and units.

b) Direction of coordinating the implementation of quality management

c) Direction of Institutional Relations and Institutional Coordinations.

d) Direction of the editorial policy and the scientific-technical information system of the CSIC.

e) Direction of activities to promote scientific culture.

4. Vice Presidency of International Relations. This Vice-Presidency shall perform the following tasks:

a) Direction of the planning and promotion of international relations at European and international level.

b) Directorate for the coordination of the participation of the CSIC in the Committee of Presidents of European Research Councils (EUROHORCS) and the European Science Foundation (ESF).

c) Management of the planning, coordination and monitoring of CSIC participation in competitive calls and in the co-management of programmes at European and international level.

d) Management of contract management with international bodies.

5. Under the functional direction of the Vice Presidencies, the Deputy Presidencies are located, which will also have the consideration of a management body, as well as other units. All of these will be created by the Rector Council in the framework of the Management Contract or, where appropriate, the Initial Plan of Action.

Article 19. General Secretariat.

1. It is for the General Secretariat, without prejudice to the President's superior leadership, to exercise the following functions:

a) Management of the Agency's staff.

b) Management of the administrative organization.

c) Management of economic and financial management and internal control.

d) Management of wealth management, procurement, and works and infrastructure.

e) Direction of planning, boosting and managing computer development in the CSIC.

2. Under the functional direction of the General Secretariat are the Assistant General Secretaries, which will also have the consideration of a management body, as well as other units. All of these will be created by the Rector Council in the framework of the Management Contract or, where appropriate, the Initial Action Plan.

Article 20. Other management bodies.

In addition to the Vice-Presidencies, Deputy Presidencies, the General Secretariat and the Assistant Secretary-General, they will have the consideration of the Governing Body:

a) The President's Cabinet.

b) The positions of the Coordinators of Scientific Networks that will be created by the Rector Council, in the framework of what is established in the Contract of Management or, where appropriate, in the Initial Plan of Action. The holders of such posts shall be responsible for the management and coordination of networks set up by researchers from one or more centres or institutes and, where appropriate, jointly with researchers from other national institutions or When such functions fall within the CSIC and be determined by the Governing Council.

Article 21. Appointment and scheme of management staff.

The positions of managerial staff will be provided by senior graduates, and will receive the appropriate complement to the level 30 jobs, except for the Coordinators of Scientific Networks, which be provided by a senior management contract on a labour market basis; all of them by means of procedures which guarantee merit, capacity and publicity. Its members, on the basis of professional competence and experience, shall be appointed by the Governing Council on a proposal from the President. When they have the status of officials they shall remain in active service in their respective Body or Scale.

CHAPTER III

Organization of CSIC activity

Article 22. Principles of action.

The CSIC will develop the activity established in the functions provided by Article 5 on the basis of the principle of quality, in the transparent management of objectives, the internal and external evaluation of its results and its reflection in incentives for the performance of staff and in the responsibility of their management staff and the holders of support and government bodies.

Article 23. Management Contract.

1. The activity of the CSIC is carried out in accordance with the Annual Action Plan and the Multi-Annual Action Plan, under the terms of the relevant Management Contract.

2. The Management Contract must establish at least and for the period of its validity, which shall be four years, the following ends:

a) The objectives to be pursued, the results to be obtained and, in general, the management to be developed.

b) The plans necessary to achieve the objectives, specifying the corresponding time frames and the projects associated with each of the strategies and their time limits, as well as the indicators for evaluate the results obtained.

c) The maximum forecast of staff staffing and the framework for action in the field of human resource management.

d) The personal, material and budgetary resources to be provided for the achievement of the objectives.

e) The effects associated with the degree of compliance with the objectives established by the responsibility for the management of the governing and support bodies and the management staff, as well as the mass amount salary for the productivity supplement or equivalent concept of the workforce.

(f) The procedure to be followed for the coverage of the annual deficits which, where appropriate, could be caused by insufficient real income from the estimates and the consequences of liability in the management which, in their case, they must be followed by such deficits.

g) The procedure for the introduction of the annual amendments or adaptations which, if necessary, proceed.

3. The Management Contract shall determine the mechanisms for the requirement of liability referred to in point (e) of the previous paragraph, for non-compliance with objectives.

Article 24. Elaboration and approval of the Management Contract.

1. The proposal of the Management Contract, which shall take into account the results achieved in relation to the Annual Action Plans and the previous Multiannual Action Plan, shall be drawn up by the Presidency, which shall be submitted to the Governing Council.

2. The Governing Council must approve the proposal and refer it to the Ministry of Education and Science for approval in the first quarter of the last year of validity of the previous Management Contract, and the General Budget of the State may provide a conditional envelope to the effective formalisation of the same.

3. The approval of the contract of management takes place by joint order of the Ministries of Education and Science, of Public Administrations and of Economy and Finance, within a maximum period of three months to count since its presentation. In the event of failure to be approved within this period, the previous Management Contract shall remain in force.

Article 25. The Annual Action Plan, Annual Report or Annual Activity Report and Annual Accounts.

1. The Governing Council, on a proposal from the President, approves:

(a) The Action Plan for the current year, on the basis of available resources and before 1 February of each year and the Multiannual Action Plans.

(b) The annual report or annual activity report for the year immediately preceding the year before 30 June of the current year.

(c) Annual accounts accompanied by the audit report of accounts before 30 June of the following year.

2. Without prejudice to the publication in the Official Journal of the State of the information of the annual accounts referred to in Article 136.4 of Law 47/2003, General Budget, the documents referred to in the preceding paragraph are public, having the citizens access to its content from its approval, through its consultation on the CSIC information servers or at the Agency's headquarters.

3. The President of the CSIC, prior to study and report of the Rector Council, will inform the Ministries of Education and Science, of Public Administrations and of Economics and Finance about the execution and fulfillment of the objectives set in the Contract of Management.

Article 26. Organisation of the research activity.

1. The research activity of the CSIC will be developed through the Centers, Institutes and Units of its own or mixed in collaboration with other entities, being able to have, in this last case, legal personality. The Governing Council shall regulate the procedure for the creation, modification and deletion of centres, institutes and units, its internal organisation and operating system and its grouping in scientific and technical areas or sections. This organisation and operating system shall be determined within the maximum period of six months after the Governing Council has been established.

2. The functioning of the Centres, Institutes and Units shall be organised taking into account the existence of government, collegiate and single-person bodies. The establishment of the collegiate bodies shall in any event ensure that the staff are represented. In addition, and for the development of its purposes, the Institutes and Units may be organized in departments and units of administrative and/or technical services and the Centers in institutes and/or departments.

3. National Research Centres may be set up between the Centres, within the CSIC and/or in collaboration with other entities, when the volume of the infrastructure necessary to carry out their activity so advises, when it fits with the national strategy for scientific and technological research and when the integration into the CSIC of previously independent research entities occurs. These will be able to count on new institutes and research units and/or be formed by those already existing in the entities that form it. The Governing Council shall regulate its creation, modification and deletion.

Article 27. Assessment of the research activity.

At least every four years the CSIC will submit its research activity to evaluation by the State Agency for Assessment, Financing and Prospective of Scientific and Technical Research, provided for in the third of Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services.

CHAPTER IV

Operation and Media

Section first. Procurement and heritage

Article 28. Recruitment.

The contracting of the CSIC is governed by the regulations applicable to the State Public Sector with the specific characteristics of the Public Research Bodies.

Article 29. Heritage.

1. The CSIC shall have, for the purposes of its purposes, a patrimony of its own and distinct from that of the General Administration of the State, consisting of the set of assets and rights of which it is a holder.

2. The management and administration of the property and rights, as well as those of the State Heritage which are assigned to it for the fulfilment of its purposes, shall be exercised in accordance with the provisions of this Statute and with the provisions of the public bodies in Law 33/2003 of 3 November of the Heritage of Public Administrations.

3. It is up to the President of the CSIC to agree to the acquisition by any title, the use and the lease of the real estate and rights that are necessary for the purposes of the institution, prior to the favorable report of the Minister of Economy and Hacienda.

4. The real estate of the CSIC which is no longer necessary for the fulfilment of its purposes may be carried out by agreement of the President, after communication to the Ministry of Economy and Finance.

Section 2. Staff

Article 30. Staff scheme.

Staff belonging to the Higher Council of Scientific Research will be composed of:

A) Officials of the Special Escalations attached to the Ministry of Education and Science through the Higher Council of Scientific Research:

1. º Scientific-researcher personnel belonging to the following Scales of the classification group A:

a) Research Professors.

b) Scientific Researchers.

c) Full Scientists

2. No. Staff officer with related functions to the research belonging to the Specialized Higher Graduates Scale, Group A Scale of Classification.

B) Officials belonging to the Escalas of the Public Bodies of Investigation and other Bodies and Escalas of the General Administration of the State, Autonomous Communities and Universities other than the referred to in paragraph (A) above, who hold jobs in the Higher Council of Scientific Research, in accordance with the determination of the relations of employment.

C) The permanent and temporary staff of the Higher Council of Scientific Research, which will be governed by labor law and the collective agreement of application.

In the framework of the current rules, the CSIC may, upon public notice, guarantee the principles of equality, merit and capacity, and in accordance with Article 31, to conclude contracts of an indefinite nature and full-time dedication with the researchers who have been recruited in accordance with the provisions of Article 17.1.b of Law 13/1986 of 14 April, and who, in the course of their activities, have exceeded the evaluation criteria corresponding. The purpose of the contract will be to carry out the CSIC's functions and to prioritize scientific research and technological development.

D) The staff of the Scientific Research Council, as a body of research, may incorporate into its centres and institutes, consisting of:

1. No. Staff with practical training contract as referred to in Article 17.1.b) of Law 13/1986 of 14 April.

2. Scientific, technical and support staff contracted for the implementation of research projects and activities, as provided for in Article 17.1.a) of Law 13/1986 of 14 April, respecting, where appropriate, the the terms and conditions laid down by the bodies and financial entities of the respective projects, for which specific procedures based on the selection shall be established by the Governing Council, on a proposal from the Selection Board. agility and specialisation, ensuring the principles of advertising, equality, merit and capacity.

3. Staff hired by other institutions to carry out scientific or technical research functions and, prior to the agreement, provide their services in the CSIC. This staff will have no working relationship with the CSIC.

4. Research staff in training, as provided for in Royal Decree 63/2006 of 27 January, approving the Staff Regulations of Investigating Staff in Training.

Article 31. Access and selection of personnel.

1. Approved the Contract of Management, the human resources needs of the activity of the Higher Council of Scientific Research will be incorporated into the Public Employment Offer of the CSIC, which will be integrated in the State of agreement with what establish the unique rules that are dictated to bring the public function into line with the characteristics of the research staff.

2. The procedures for the entry of staff of the Escalas listed in Article 30 (A) of this Statute and the others entrusted to the CSIC, the selection of the staff, and the provision of jobs will be carried out by a Commission Selection of a permanent character, in accordance with the principles of equality, merit, capacity and publicity and shall conform to the general criteria laid down in the singular rules to be used to adapt the public function to the the characteristics of the research staff in the collective agreement of application to and in their workforce development regulations.

3. The composition of the Selection Board shall be approved by the Governing Board. The calls for selective processes shall provide for collaboration with the same consultants and experts on the basis of scientific, technological or technical expertise which is the subject of an assessment, and in any case the agility and objectivity of the selective processes.

Article 32. Authorization to carry out work related to scientific and technological research in and out of the organic field of the Higher Council of Scientific Research.

1. Staff seconded to the Scientific Research Council may be authorised to carry out work related to scientific and technical research outside the Council's organic field, such as collaboration and assistance with the National Plan for Scientific Research, Technological Development and Innovation, derived from collaboration agreements signed by the Agency, or those that relate to collaboration in research projects that do not develop in the scope of the Scientific Research Council. The official staff shall maintain the status of active service and shall continue to receive the remuneration corresponding to their job. Likewise, it may be authorized to carry out teaching duties in the programs of teaching of the Public Universities, with the limits set in Law 53/1984, of Incompatibilities of Personnel to the Service of Public Administrations. In all of these circumstances, personnel assigned to perform tasks outside the organic scope of the CSIC will have no legal link with the company or institution to which it has been temporarily transferred.

2. The CSIC may, upon agreement of the institution concerned, authorise the temporary, full-time or partial membership of scientific staff, technological development experts and other specialists in connection with the activities of the scientific and technological research to provide their services in ministerial departments, Autonomous Communities, universities, public research bodies and public and private entities. This staff will have no legal link with the CSIC.

3. The granting of such authorizations shall be made by the President, who shall determine the maximum duration of the duration and the possibility of renewal thereof, in the light of the tasks to be carried out in each case. It may also revoke the authorisations granted in the event of the end of the causes of interest to the CSIC in which that authorisation was justified.

4. The staff to whom the authorization is granted for the performance of the tasks referred to in paragraph 1 of this Article shall be obliged to communicate any variation in the conditions which led to the granting of the authorization, and to comply with the provisions of the current regulations and the internal regulations governing this type of authorization.

5. In any case, the personnel authorized under this article will be subject to Law 53/1984 of December 26, Incompatibilities of the staff at the service of the public administrations.

Article 33. Remuneration scheme.

1. The remuneration scheme applicable to staff of the Scientific Research Council shall be that laid down in the general rules of the civil service and in the special rules to be used to bring the civil service into line with the the characteristics of the research staff, with the specific features of the application. The remuneration of the labour force shall be that laid down in the Staff Regulations and the collective agreement of application.

2. The staff of the CSIC may receive the supplements associated with the assessment of their activity in the terms laid down in the Staff Regulations of the Teaching or Investigator Staff and in the framework of the unique rules that may be used to adapt the public function to the characteristics of the research staff. The assessment shall be carried out from the date of entry into the relevant Scale or after the conclusion of an indefinite contract and shall in any event be linked to the degree of compliance with the objectives set out in the Management Contract. agreement with the provisions of Articles 22.3 and 23.4 of Law 28/2006 of 18 July.

3. The staff of the Consejo Superior de Investigaciones Científicas will be able to perceive the complement of productivity generated according to the provisions of article 18.2 of Law 13/1986, of 14 April, of Promotion and General Coordination of the Research Scientific and Technical.

4. The President may establish remuneration incentives, through the complement of productivity, linked to the fulfilment of objectives, by the performance of institutional functions in the CSIC, its centres, institutes or units, which do not involve occupation of a specific job. The scheme of these incentives will be approved by the Rector Board.

Article 34. Professional career.

1. The staff of the Escalas attached to the CSIC Agency, as well as the other staff members assigned to it, shall develop their professional career within the Agency in accordance with the provisions of the Basic Staff Regulations. Public Employment and, in the case of the research staff, according to the unique rules that are dictated to adapt the public function to the characteristics of said personnel. The approval of a specific regulation on research staff developing the professional career in their scientific, technical and research-management modalities shall be promoted.

2. The professional career of the workforce shall be carried out in accordance with the provisions of the collective agreement applicable to it.

Article 35. Part-time capability.

The research staff assigned to the CSIC will be able to provide part-time services with reduced working hours and a proportional reduction in remuneration, depending on what is established by the Employment Relations. The Governing Council shall regulate the applicable day reductions.

CHAPTER V

Budgetary and economic-financial management

Article 36. Economic, financial, accounting and control arrangements.

1. The economic and financial system, accounting and control of the Superior Council of Scientific Research, will be established in Law 28/2006, of July 18, of State Agencies for the improvement of public services, Law 47/2003, November 26, General Budget, and other provisions in force in the matter.

2. The management of the treasury of the Agency shall be carried out in accordance with Articles 108 and 109 of Law 47/2003 of 26 November, General Budget.

Article 37. Funding.

1. The CSIC will be funded with the following resources:

(a) Transfers entered in the General Budget of the State.

(b) Your own income as a consideration for the activities that you may perform under contracts, agreements or legal provisions for other public, private or natural persons.

(c) Revenue from the disposal of assets and securities that constitute their assets.

d) Performance from your assets and values.

e) Voluntary contributions, donations, inheritances and legacies and other contributions free of charge from private and private entities.

(f) Revenue received from natural or legal persons as a result of sponsorship of activities or facilities.

g) Transfers of public funds arising from participation in competitive calls for project financing or for research aid.

h) Other public or private law income that you are entitled to receive.

i) Any other resource that may be attributed to you.

2. The CSIC may be financed from the appropriations provided for in Chapter VIII of the General Budget of the State awarded by public concurrency and intended to finance research and development projects, with the limits established annually in the General Budget Law of the State and to the extent that it has the capacity to generate sufficient own resources.

3. The resources referred to in points (b), (e), (f) and (h) of paragraph 1 above and not initially provided for in the Agency's budget may be used to finance higher expenditure by agreement of the President of the CSIC.

4. The CSIC may carry out the contracting of credit or loan policies provided that the outstanding balance does not exceed 5% of its budget and where this is necessary to deal with temporary cash flows, understanding as such of liquidity that can be produced occasionally and exceptionally.

Article 38. Budgetary regime.

1. On a proposal from the President, the Governing Council shall approve the preliminary draft budget, in accordance with the provisions of the Management Contract or in accordance with the proposal thereof, and with the structure established by the Ministry of Economy and Finance, forwarding it to the Ministry of Education and Science for examination and subsequent transfer to the Ministry of Economy and Finance. Once analyzed by the latter Department, the preliminary draft will be incorporated into the General Budget of the State for approval by the Council of Ministers and referral to the General Courts.

The budget shall be balanced and shall be limited by its overall amount. Its specification will be determined by the organic, programme and economic grouping, although the latter will be considered as an estimate for the distribution of the credits in categories, within each programme, with the exception of those corresponding to the personnel costs which are in any case limited and binding for their total amount, without prejudice to the necessary breakdowns for the proper accounting of their implementation.

2. The President of the Agency may authorise all budgetary changes which do not affect the amount of staff expenditure or the overall amount of the budget. The President may also authorise the change in the overall amount where the amount is financed from the income of those laid down in Article 37 (3) above the initially budgeted or the recognition has been made. the right of the Agency or there is a firm commitment to contribute, provided that the revenue is provided for in the financial year itself, giving immediate account to the Control Board. In the rest of the cases the authorization will be given to the Minister of Economy and Finance, at the initiative of the President and on a proposal from the Rector Council.

3. The remaining non-affected cash balances may be used to finance expenditure increases per the President's agreement, giving the Commission of Control the amount of expenditure. Deficits resulting from non-compliance with annual revenue estimates shall be offset in the form that is provided for in the Management Contract.

4. The implementation of the budget of the Agency shall be the responsibility of its President, who shall send the Committee of Control, on a monthly basis, a statement of budgetary implementation.

5. The amendments adopted by the President of the Agency, in the light of the powers conferred on them in paragraphs 2 and 3 of this Article, shall be given to the Directorate-General for Budgets of the Ministry of Economic Affairs and Finance, reason.

Article 39. Accounting.

1. The CSIC shall apply the public accounting principles provided for in Article 122 of Law 47/2003 of 26 November 2003, as well as the development of the principles and rules laid down in the General Accounting Plan. Public, for which it will have an economic and financial information system that aims to show, through states and reports, the faithful image of the patrimony, the financial situation, the results and the execution of the budget and provide information on the costs of its activity, which is sufficient to correct and efficient decision making.

2. The CSIC will also have a management accounting system to monitor compliance with the commitments made in the Management Contract.

3. The General Intervention of the State Administration shall establish the functional requirements and, where appropriate, the computer procedures to be observed by the CSIC to comply with the provisions of the previous two paragraphs.

4. The annual accounts of the CSIC are formulated by its Chairman within three months of the end of the financial year. Once audited by the General Intervention of the State Administration, they are submitted to the Governing Council for approval within the first half of the year following which they relate.

5. Within seven months of the end of the financial year and after approval by the Governing Council, the President shall pay the annual accounts to the Court of Auditors, through the General Intervention of the Management of the Status.

Article 40. Control of economic and financial management.

1. The external control of the economic and financial management of the CSIC corresponds to the Court of Auditors, in accordance with its specific rules.

2. The internal control of the economic and financial management of the Agency corresponds to the General Intervention of the State Administration under the procedures of permanent financial control and public audit. The permanent financial control shall be carried out by the Delegated Intervention at the Agency.

3. Without prejudice to the control set out in the previous numbers and with appropriate coordination, the CSIC Agency shall be subject to effective control, which shall be exercised primarily through the monitoring of the Management Contract, by the Agency. Ministry of Education and Science. This control is intended to check the degree of compliance with the objectives and the proper use of the resources allocated.

Article 41. Delegated Intervention.

The Delegated Intervention of the General Intervention of the State Administration will be attached to the Presidency of the Higher Council of Scientific Research, without prejudice to its functional dependence on the Intervention General of the State Administration, with the functions assigned to it by the regulations in force.

CHAPTER VI

Legal assistance

Article 42. Legal advice and representation and defence in judgment.

The legal assistance, representation and defense in the CSIC's trial will be carried out in accordance with Law 52/1997 of 24 November, of Legal Assistance of the State and Public Institutions. The State Bar in the CSIC will be attached to the Presidency, with the functions attributed to it by the provisions in force and without prejudice to its organic and functional dependence on the General Administration of the State-Directorate of the Legal Service of the Status.