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Order Sco/2383/2007, Of July 24, By Which Approve The Regulatory Basis For The Call And Grant By The Spanish Agency For Food Safety And Nutrition Training Scholarships.

Original Language Title: ORDEN SCO/2383/2007, de 24 de julio, por la que se aprueban las bases reguladoras para la convocatoria y concesión por la Agencia Española de Seguridad Alimentaria y Nutrición de becas de formación.

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Law 14/1986, of 25 April, General of Health, in its title VI, contemplates teaching and research as fundamental activities for the development and progress of the health system. To this end, the Ministry of Health and Consumer Affairs, through its agencies and mainly those with teaching and research functions, has been offering training and training programs for personnel with a view to to promote the development of research in health sciences and to ensure, at all times, the adequacy of the health system's staff to the real needs of society in this field. On the other hand, the Spanish Agency for Food Safety and Nutrition (AESAN) has been established by Law 11/2001 of 5 July, as amended by Law 44/2006 of 29 December, approving the Statute by Royal Decree 709/2002 of 19 July. These rules make up the Spanish Food Safety and Nutrition Agency, as an autonomous body, attached to the Ministry of Health and Consumer Affairs, with the general objective of promoting food security and nutrition as an aspect. The Commission has also been able to provide guarantees and objective information to consumers and economic operators in the Spanish agri-food sector, from the field of action of the powers of the General Administration of the State and with the cooperation of the other public administrations and sectors concerned. One of the essential objectives of the Agency is to contribute to the protection and promotion of food safety by establishing effective and transparent procedures for the assessment, management and communication of risk in relation to food safety. with food security and nutrition. In addition, in the field of research and development, the Agency should enhance those activities that contribute to the development of food security, as well as promote information, education and health promotion in the field of food safety. nutrition and in particular, the prevention of obesity. In order to achieve these objectives and to carry out its activities, the Spanish Food Safety and Nutrition Agency considers the promotion of training and the improvement of graduates of higher or higher education to be of high interest. university, specialised, who wish to acquire the necessary scientific-technical, legal and regulatory skills and knowledge in the field of food security and nutrition as well as administration and management of procedures, through calls for grants that involve training and training through their integration in the tasks and activities of the different units of the Agency. The management of these grants shall be governed in accordance with the general principles laid down in Article 8.3 of Law 38/2003 of 17 November, General of Grants, that is, advertising, transparency, concurrency, objectivity, equality and not discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources. To this end, the present Order establishes the regulatory basis for the granting of training and training grants, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November 2001, Grants. In the processing of this provision, the sectors affected have been heard and the State Advocate and the Department's Delegate Intervention have issued a mandatory report. In her virtue, with the prior approval of the Minister of Public Administrations, I have:

Article 1. Object.

The object of the grants and training grants, the grant of which is regulated in this order, is the incorporation of fellows, through processes and training projects that will be developed in the different dependencies and units of the Spanish Food Safety and Nutrition Agency for the acquisition by the same of new skills and knowledge in technical-scientific, legal-normative in matters of food safety and nutrition, administration and management of procedures and administrative procurement, as well as in the field of research, evaluation, management and risk communication.

Article 2. Priorities.

1. Training in these areas of research, development, evaluation, authorisation and control of food is one of the functions within the general competence of the Agency. In this sense, the scholarships offered will respond to the following priorities: a) Training related to risk assessment.

b) Training related to the study and research of food safety. (c) Training related to the technical, health and regulatory requirements to be met by food production facilities. (d) Legal training related to existing legislation in the field of food safety and healthy nutrition. (e) Training in international cooperation in the field of food and nutrition, in particular with regard to the European Union. (f) Training related to the administrative activity and relations with the citizens of an Autonomous Body of the General Administration of the State. (g) Training in the field of promotion of healthy eating and prevention of obesity. (h) Training related to the procedures for the management of laboratories.

2. All the scholarships offered are "Training Grants" and must be framed within one of the priorities of the previous section, in the category of first category and/or second category and with the minimum requirements required for each of them. These categories correspond respectively to:

a) Higher Training Scholarship, understanding for such a one for whose application, concession and enjoyment is required at least the possession of Bachelor's Degree of Bachelor, Architecture, Higher or equivalent Engineering.

b) Beca of Media Training, understanding for such a one for whose application, concession and enjoyment is required, at least, the possession of: University degree of Diplomacy, Technical Architecture or Technical Engineering or equivalent.

Article 3. Requirements of the beneficiaries.

May be beneficiaries of the scholarships provided for in this Order, those natural persons who fulfil the following conditions: (a) Possession of the Spanish nationality or be a national of one of the other Member States of the Union European or national of a State to which the free movement of workers is applied under the International Treaties concluded by the European Union and ratified by Spain.

They may also participate, regardless of their nationality and provided that they are not separated from the law, the spouses of the Spaniards, the nationals of the other Member States of the European Union and the nationals of other States in which, under the International Treaties concluded by the European Union and ratified by Spain, the free movement of workers is applicable. Also under the same conditions, the descendants of the persons included in the two preceding headings may be involved, less than one year or over from that age provided that there is economic dependence. Also, foreigners resident in Spain may be beneficiaries, in accordance with the provisions of Article 9.3 of the Law of 11 January 2000 on the Rights and Freedoms of Foreigners in Spain and their Social Integration, in the The wording of the text of the Organic Law 8/2000 of 22 December. (b) It shall be essential to be in possession of the academic qualifications to be established for such scholarships. Diplomas awarded abroad or in non-state Spanish centres must be approved or recognised at the time of applying for the grant. (c) Not to be in breach of the prohibitions established by Article 13.2 of Law 38/2003 of 17 November, General of Grants, the justification of which shall be made in accordance with the provisions of Article 13 (7) of that Law. d) Additionally, in the resolution of the call for scholarships, in addition to the minimum requirements required in this order, other requirements may be included as merits, depending on the different profiles of the various scholarships offered.

Article 4. Form and time limit for the submission of applications.

1. The interested parties shall submit the relevant application, which shall respond to a standard model, addressed to the Executive Director of the Spanish Food Safety and Nutrition Agency, as well as the documentation required for this purpose and which determine in the decision to call for scholarships.

2. Applications shall be lodged in the Register of the Agency itself, located at c/Alcala, 56, 28071 Madrid, or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the General Government and the Common Administrative Procedure. 3. The time limit for the submission of applications shall be 20 days.

Article 5. Concession procedure.

1. The calls for aid provided for in these bases are based on the principles of advertising, transparency, competition, objectivity, equality and non-discrimination. The concession procedure will be dealt with on a competitive basis, i.e. by comparison of the applications submitted, in order to establish the ranking between them according to the criteria for the assessment of the set out in these regulatory bases and in subsequent calls for calls.

2. Both the call and the award of the scholarships will be carried out through the Resolution of the Executive Director of the Spanish Agency for Food Safety and Nutrition. The resolutions will be published in the Official Gazette of the State, in the web addresses www.aesan.msc.es and www.msc.es and in the bulletin boards of the various agencies of the Agency and the headquarters of the Ministry of Health and Consumer Affairs.

3. Composition and functioning of the Evaluation Committee: (a) The Evaluation Committee is the collegiate body responsible for the study of the applications and documentation submitted. This Commission will carry out the preliminary assessment report to accompany the proposal for a resolution of the grants to be awarded.

b) The Evaluation Commission, attached to the Executive Directorate of the Spanish Agency for Food Safety and Nutrition, is composed of a President (the Secretary General of the Spanish Food Safety Agency and Nutrition) and five vowels (the Deputy Director-General for Food Risk Management, the Deputy Director-General for Food Alerts and Programming of Official Control, the Deputy Director-General for Scientific Coordination, the Director of National Food Center and the Advisory Vocal for Nutrition Affairs) and a Secretary, who has be a civil servant of the General Secretariat of the Agency, with a voice but without a vote. The evaluation committee may also be assisted by those officials appointed as guardian or director of each training project to which the grants are attached. All of them will be officials of the Spanish Food Safety and Nutrition Agency. (c) The functioning of the Evaluation Committee shall be governed in accordance with the provisions of the Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and in Law 30/1992, of 26 November. (d) The General Secretariat of the Agency, with the support of the other units of the Agency, is the instructor within the process of granting the scholarships and shall carry out those activities attributed to it by Article 24 of the General Law of Grants.

4. Interim and final award of grants: (a) Depending on the evaluation process and the prior report to be drawn up by the Evaluation Committee and which will include the result of the assessment carried out, the instructor body shall raise the Executive Director of the Spanish Food Safety and Nutrition Agency, the proposal for a provisional resolution. This proposal for a provisional resolution, which will be duly substantiated, will give effect to the granting of the grants and will be notified to the interested parties in the form to be determined by the invitation to tender, with a period of 10 days granted for them to be able to carry out the allegations that they deem appropriate. This procedure may be dispensed with where it is not in the proceedings or taken into account other facts or other arguments or evidence which are adduced by the parties concerned. In this case, the proposed resolution will be final, as set out in Article 24 (4) of the General Law on Subsidies.

(b) At any time in the selection process, prior to the final grant resolution, the instructor body may collect as many reports or clarifications as necessary. (c) If the hearing procedure is completed, the instructor, in the light of all the actions, will make the corresponding final proposal for a resolution to the Executive Director of the Spanish Food Safety and Nutrition Agency. (d) The proposals for interim and final resolution do not create any right in favour of the proposed beneficiary vis-à-vis the Administration as long as the granting decision has not been notified to it, in accordance with Article 24.6 of the Law General of Grants. The effects provided for in Article 44.1 of Law No 30/1992 of 26 November 1992 shall also be produced after the maximum period of notification has elapsed. (e) The maximum period for the adoption of the decision of the procedure and the notification of the person concerned shall be three months from the publication of the notice. After that period has not been notified, the application shall be deemed to have been rejected by administrative silence. (f) The decision to convene shall determine, in particular, the procedure for the replacement of the grantees for the purposes of the losses which, as a final result, are produced before the end of the grant. However, with a general character, the following minima are laid down:

1. The minimum replacement time will be twelve months.

2. The definitive discharge will be replaced by the following applicants, by order of punctuation, who at the time have submitted their application for the grant of the grant object of resignation. 3. The substitution requires the prior resolution of the Executive Director of the Spanish Food Safety and Nutrition Agency and the prior audit of the expenditure.

5. As regards the aspects not covered by this order of bases, they will be determined on a specific and appropriate basis in each of the calls for grants.

Article 6. Criteria for the objectivity of the grant.

1. The award of grants will be made through an evaluation process that will respond to the principles of objectivity, competitive competition and advertising.

2. The assessment of the applications submitted shall be carried out in accordance with the following criteria:

a) Academic training.

(b) Technical, legal, administrative and management technical merit, as described in the curriculum vitae, related to the purpose of the aid. c) Adequation of the candidate's application to the requirements of the different profiles of the scholarships offered in each call.

Article 7. Amount of the grant.

1. The higher education grants will be provided for 2007, with a value of 1600 euros/month, with the deductions and discounts that are legally applicable. This appropriation will be increased, annually and cumulatively, in the terms provided for in the General State Budget Law for the official staff of the General Administration of the State.

2. The average training grants will be provided for 2007, with an amount of EUR 1300 per month, with the deductions and discounts legally applicable. This appropriation will be increased annually and cumulatively in the terms provided for in the General State Budget Law for official staff of the General Administration of the State. 3. The increase recorded in the State General Budget Law for the official staff of the General Administration of the State will apply to both the grant of new convocation grants and the renewal of the grants.

Article 8. Competent bodies for the management, instruction and resolution of the procedure.

1. The instruction of the procedure for granting these scholarships corresponds to the General Secretariat of the Spanish Agency for Food Security and Nutrition, with the support of the other units of the Agency.

2. Within 15 days of the date of the lifting of the final proposal for a resolution, the Executive Director of the Spanish Food Safety and Nutrition Agency shall give a decision on the granting or refusal of the grants, which shall be in accordance with the assessment criteria set out in the call. 3. Against the express or presumed resolution of the award of the scholarships, which ends the administrative route, the administrative appeal may be brought back or, directly, the administrative-administrative appeal. 4. The replacement facility may be brought before the Executive Director of the Spanish Food Safety and Nutrition Agency within one month. In the case of administrative silence, the period shall be three months after the dismissal by administrative silence is understood, in accordance with the provisions of Law No 30/1992 of 26 November. The litigation-administrative appeal shall be brought in accordance with Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction.

Article 9. Deadline and form of justification.

1. The duration of the grants shall be fixed at each call and shall consist of a minimum of one year and a maximum of four. Grants of a duration of more than one year shall be extended annually, provided that the necessary budgetary availability is available. Before 1 December of each year, the grantee will formalize the request for extension to the Executive Director of the Spanish Food Safety and Nutrition Agency, and must accompany the following documentation: a) Request for extension. in the standard model to be determined in the call.

(b) Supporting memory of the work performed, results achieved and objectives to be achieved during the requested extension. (c) Report of the tutor to whom the scholarship is attached, specifying the tasks performed, the planned tasks, as well as their dedication, adaptation and level of collaboration.

2. Applications shall be evaluated by the Evaluation Committee established in Article 5.3, which shall report the relevant proposals for the resolution of the extension of the grants to the instructor, which shall raise the Executive Director of the Spanish Food Safety and Nutrition Agency the proposal to renew them. The Director of the Agency shall, where appropriate, approve the decision granting the extension.

3. The decision on which the extension is agreed or refused shall be expressly notified to the person concerned. In the event that the persons concerned have not been expressly notified of the said resolution of agreement and refusal to extend the grants, within three months, the application for administrative silence shall be deemed to be rejected, with the provisions of Law No 30/1992 of 26 November 1992. 4. In the three months following the end of the grant, the person concerned shall send to the General Secretariat of the Spanish Agency for Food Safety and Nutrition a final report together with the report of the person responsible for the training.

Article 10. Payment of the scholarships.

The payment of the scholarships will be made monthly, applying the deductions and discounts that come according to the current provisions. In addition, the corresponding supporting documents will be made prior to the payment and in any case a certificate issued by the person responsible/guardian associated with the training program in which the use and compliance of the obligations of the trainee.

Article 11. Amendment of the decision to grant the grant.

The change in the resolution may result in circumstances that alter the conditions under consideration for the grant of the grant. Thus, any modification in the conditions accepted by the scholarship for the grant of the grant and, in any case, the concurrent obtaining of grants or aid granted by other Public Administrations or public or private entities will give rise to the modification by the Executive Director of the AESAN of the grant decision, and the beneficiary must proceed with the recovery of the sums received.

Article 12. Incompatibility.

The enjoyment of the scholarships referred to in this Order shall be incompatible with any other scholarship or training aid granted by any public administration or public or private Spanish or foreign entities, in temporary coincidence with the one granted.

Article 13. Accident insurance and health care insurance.

Fellows will have the coverage of private accident insurance and health care insurance with the Spanish Food Safety and Nutrition Agency.

Article 14. Criteria for the graduation of possible breaches of the conditions imposed in connection with the award of grants.

The total or partial non-compliance with the conditions imposed in connection with the award of the grants will result in the obligation to reintegrate the amounts collected in whole or in part, plus the corresponding legal interests, in accordance with the following criteria of proportionality: (a) Failure to comply with the objectives and activities for the purpose of the grant granted shall mean the total reimbursement of the grant.

(b) Failure to comply with the partial objectives or specific activities for the purpose of the grant awarded shall entail the repayment of that part of the grant for the grant. (c) The non-filing, in accordance with the relevant call, of the annual and final memory shall mean the return of the amounts received.

Final disposition first. Basic legislation.

This order is directly applicable to Law 38/2003, of 17 November, General of Grants, and its development provisions, the other rules of administrative law and, failing that, the rules of private law.

Final disposition second. Faculty of development.

The Executive Director of the Spanish Food Safety and Nutrition Agency is empowered to dictate how many resolutions it deems necessary in the development and application of the provisions of this Order.

Final disposition third. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 24, 2007. -Minister of Health and Consumer Affairs, Bernat Soria Escoms.