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Order Tas/2241/2007, Of July 10, Establishing The Regulatory Bases Of Concession, By The National Institute Of Safety And Hygiene At Work, Of Grants For Projects Of Research, Development And Innovation, D...

Original Language Title: ORDEN TAS/2241/2007, de 10 de julio, por la que se establecen las bases reguladoras de concesión, por el Instituto Nacional de Seguridad e Higiene en el Trabajo, de subvenciones para proyectos de investigación, desarrollo e innovación, en materia d...

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The National Institute of Safety and Hygiene at Work, as defined in Article 8 of Law 31/1995 of 8 November, on the Prevention of Occupational Risks, is the specialized technical scientific body of the Administration. General of the State entrusted, among other functions, with the promotion and implementation of study and research activities in the field of occupational risk prevention. The changing world of work requires a permanent study of the conditions of occupational safety and health that will allow to maintain an up-to-date knowledge of the situation, to know the trends and to develop elements of aid for the improvement of the " The research is also the fundamental support of other activities, also competence of the National Institute of Safety and Hygiene at Work, as are the advice on normative matters, specialized training, dissemination, etc. In order to properly fulfil this research function and at the same time encourage the incorporation of other bodies and entities into the study of the various aspects of occupational risk prevention, the study has been considered a good tool. grant of grants to external entities to the National Institute of Safety and Hygiene at Work, for research in this field. In its virtue, prior to the report of the State Advocate, the Technical General Secretariat of the Department and the Delegation in the National Institute of Safety and Hygiene at Work, and in accordance with the provisions of the articles 9.2 and 17 of Law 38/2003, of 17 November, General of Grants, I have:

Article 1. Object.

This order establishes the regulatory basis for the granting, by the National Institute of Safety and Hygiene at Work (hereinafter INSHT), of grants under competitive competition, in order to promote scientific and technical research activities in disciplines related to the prevention of occupational risks, around eight major thematic priorities: 1. Society and work.

2. Health and work. 3. Secure technologies and materials. 4. Technologies of the prevention of occupational risks. 5. Preventive system in safety and health at work. 6. Safety and health at work in sectors specific to the economy. 7. Stimulating innovation in safety and health at work. 8. Consolidation of research in safety and health at work within the science-technology-company system.

Research, development and innovation projects will have a minimum duration of one year and a maximum of two years from the date of publication of the grant decision.

Article 2. Requirements for applicants.

1. They may be applicants and beneficiaries of the grants provided for in this order by public or private entities carrying out research work, or between whose social objects or objectives the performance of the work is to be carried out. research.

2. The entities in which some of the prohibitions in the terms provided for in Article 13 of Law 38/2003 of 17 November, General of Grants, will not be able to obtain the status of beneficiaries.

Article 3. Bodies responsible for the management, instruction and resolution of the grant procedure.

The functions of the procedure and the instruction of the procedure will be the responsibility of a commission of assessment and the resolution of the procedure will be the competence of the director of the INSHT. The applications and documentation submitted shall be informed by the evaluation committee, which shall be composed of the following members: President: The Director of the National Institute of Safety and Hygiene at Work or a person to whom he delegates.

Five Vowels:

Director of the Madrid National Center,

Director of the National Center of Seville, Director of the National Center of Barcelona, Director of the National Center of Baracaldo, responsible for the area of studies and research of the INSHT or people in whom they delegate.

Secretary: The Secretary General of the INSHT or person to whom you delegate. The operation of the commission shall be in accordance with the system of collective bodies laid down in Articles 22 to 27 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. It will be validly constituted, both in the first and second convocation, with the presence of the president, the secretary and three of the vowels.

This commission will also act as the manager of all the events that arise from the call, its development and evaluation of the projects. This committee will be responsible for the proposal for a resolution of the grants to be granted and for the monitoring and acceptance of the projects supported, as well as for any incidents that may arise. The assessment committee may seek the advice of the experts it deems appropriate.

Article 4. Concession procedure.

In accordance with the provisions of Articles 22.1 and 23 of Law 38/2003 of 17 November, General of Grants, the procedure for granting the grants referred to in this order shall be processed in a concurrency competitive, and will be initiated ex officio by means of the necessary convocation approved by resolution of the director of the INSHT, which must be published in the "Official Gazette of the State" and will conform to the provisions of the present order and referring to by completing it at the following ends: 1. Specific research topics to which the grant is intended.

2. Bodies to which the applications and documentation to accompany the application should be addressed. 3. Procedure for formalisation of applications. The general requirements of the applications and the time limit for the improvement and improvement of the applications shall be in accordance with Articles 70 and 71 of Law No 30/1992, of the Legal Regime of Public Administrations and of the Administrative Procedure. Common, in the wording given by Law 4/1999. 4. Time limit for the submission of applications, which shall not be less than 15 days from the date of publication of the decision. 5. The maximum period for resolving and notifying the decision of the procedure may not exceed six months, and shall be computed from the publication of the corresponding notice, in accordance with the provisions of Article 25.4 of Law 38/2003, of 17 November, General of Grants. After the maximum period has elapsed without the express decision being given or notified, the request for administrative silence may be understood to be dismissed. 6. Once the motion for a resolution has been adopted, the address of the INSHT will dictate the granting of the grant, which, in addition to containing the ratio of the applicants to which the grant is granted, will indicate the rejection of the other applications, The possibility of substitute applications and their order of precedence are considered for those cases of renunciation. The concession resolution will be published in the BOE, in compliance with the provisions of article 18 of Law 38/2003, of 17 November, General of Grants and in article 30 of its Rules of Procedure, approved by Royal Decree 887/2006, of 21 July. 7. The objective criteria for granting the grant and, where applicable, the weighting thereof, as required by Article 17.3 e) of Law 38/2003, of 17 November, General of Grants, are listed below:

a) Scientific-technical and methodological quality (maximum 30 points).

b) Relevance for the prevention of occupational risks (maximum 20 points). c) Projects in cooperation with companies, mainly SMEs and prevention services themselves or others (maximum 5 points). d) Viability to transfer the results obtained to the practice of the prevention of occupational risks in enterprises (maximum 20 points). (e) Viability of the proposal: adequacy and capacity of the research group for the performance of the activities envisaged, rigour in the approach and appropriate time planning of the activities (maximum 20 points). f) Adequation of the financial resources to the proposed objectives (maximum 5 points).

Research projects must meet the requirements of Spanish legislation in the field of biomedical research, the protection of personal data and bioethics.

Article 5. Obligations of the beneficiaries and conditions for granting.

In addition to the obligations that are generally laid down in Article 14 of Law 38/2003 of 17 November, General of Grants, for the beneficiaries thereof, the following are specific: 1. grant of the grants referred to in this order shall be compatible with any other grant or aid granted by public or private bodies, Spanish or foreign, on a temporary basis with that granted.

2. The beneficiary must inform the INSHT of other aid financed by the same subsidised project. To this end, it must declare the amount of the aid and identify the financing institutions. 3. From the obligation to use the subsidy for the performance of the activity for which it has been granted, it is derived for the beneficiary to assume the obligation to carry out the activity that is based on the grant of the subsidy. 4. The beneficiary shall be obliged to provide any information required by the General Intervention of the State Administration or by the Court of Auditors, in accordance with the powers of financial control which Article 44 of Law 38/2003 of 17 November, General of Grants.

However, this relationship may be completed with other obligations that are expressed in the relevant call.

Article 6. Amount of aid.

1. The amount of the subsidy shall be subject to the appropriations set out in the INSHT budget for the financial years concerned.

2. Grants may cover all or part of the amount requested from the INSHT, however the applicant shall indicate in his application the total budget of the project. 3. The grants provided for in this order shall be used to cover the following expenses incurred within the project implementation period, provided that they are directly related to the project's performance, and are duly specified in the request:

(a) duly justified project implementation costs, which shall be carried out in compliance with the provisions of Article 31.3 of Law 38/2003 of 17 November, General of Grants.

Purchase of consumable material destined for the execution of the project, and of bibliographic and documentary material. Equipment and equipment in so far as they are used for the project and for the duration of the project. If appliances and equipment are not used exclusively for the project, only the depreciation costs corresponding to the duration of the project, calculated on the basis of good accounting practices, shall be considered eligible. Procurement of external services. Travel and subsistence expenses, including place, duration and travel interest for the research project, if this information is available at the time of the application. The maximum amount for such concepts shall be established in accordance with the law applicable to officials and staff at the service of the General Administration of the State. (b) Expenditure on own staff of the beneficiary institution, which shall provide evidence of the number of hours dedicated to the project and cost thereof. c) Retributions of grantees or staff expressly hired for the development of the project. (d) Indirect costs: expenditure of the project which by its nature cannot be directly imputed to it (electricity consumption, telephone ...), with a maximum of 10 per 100 of the total quantity requested, with the exception of those established in Article 31.7 of Law 38/2003 of 17 November, General of Grants.

4. A maximum percentage of the total amount of the grant applied for shall be established for each grant call.

5. In no case shall it be possible to cover expenditure relating to the purchase of exclusively administrative equipment or furniture. 6. The introduction of changes in the structure of the economic items of each project shall be of exceptional character and shall be requested in advance and in a manner motivated by the investigator responsible for the project, by the beneficiary entity. The application shall be submitted on a proposal for approval by the valuation committee. 7. If the actual costs of the project are less than the amount granted, the aid shall be limited to the amount justified in the economic memory of the project. 8. The INSHT shall initiate the refund procedure, as provided for in Article 37.1.b) of Law 38/2003, of 17 November, General of Grants, for the return of the total or part of the money advanced by the project, in the following cases:

a) When the actual costs are less than the amount advanced.

(b) In the event that the valuation commission considers that no part or all of the objectives of the project have been met.

Article 7. Financing, payment and justification of grants.

1. The grants covered by this provision shall be financed from the reserve established in favour of INSHT for direct management in the general budget of the State. The grant of the grant will be made under budget implementation 19.104.494M.481 of the INSHT expenditure budget.

2. For each call for grants, consideration may be given to the possibility of making advance payments and credits. 3. The amount of grants awarded, following the express acceptance by the beneficiary center and the principal investigator of the project, shall be made as provided for in Article 34 of Law 38/2003 of 17 November, General of Grants, It is necessary to provide for the release of the amount of those grants which relate to annual or multi-annual projects. 4. The implementation of the grants shall be carried out in accordance with the general rules governing the expenditure of those entities in each case, and, where appropriate, in accordance with the guidelines of the INSHT management, which may collect information and verify any aspect related to the subsidised application. 5. In addition to the provisions of this Article, and the other rules on aid and public subsidies, the use of the grant awarded shall be justified by the time limits and forms to be followed in the resolution by The call was approved. 6. Pursuant to Articles 74 and 75 of the Regulation of the General Grant Law, approved by Royal Decree 887/2006 of 21 July, a reduction of the information to be incorporated in the economic memory referred to in the Article 72.2 and 74 of the same Regulation, provided that:

(a) the supporting account is accompanied by a report of an audit of the accounts.

(b) that the auditor of the accounts reviews the relevant supporting account in accordance with the rules which may be set out in the relevant call, (c) the supporting account incorporates a memory Abbreviated economic.

Article 8. Measures to ensure the good end of grants.

1. (a) The alteration of the conditions for the grant of the subsidy and not authorized by the valuation commission shall be the cause of the amendment of the grant decision. The beneficiary shall, where appropriate, recover the amounts received under the conditions under which it is required to comply with the law.

b) The concurrent obtaining of other contributions outside of those permitted in Article 5 (a) of this order. (c) Where, pursuant to Article 19 (3) of Law 38/2003, of 17 November, General of Grants, the amount of the grant, in isolation or in competition with grants or aid from other Public Administrations or other Entes Public, national or international, exceed the total budget of the project to be developed by the beneficiary.

2. The criteria for the graduation of possible non-compliance with the conditions imposed by the grant of the grants shall be in accordance with the principle of proportionality:

(a) The total or partial non-compliance with the objectives and activities of the research project will result in the total or partial reimbursement of the grant.

(b) Changes in the structure of the unauthorised and unjustified economic items will entail the return of the diverted amounts. (c) Non-filing, in accordance with the relevant call, of scientific reports and economic reports, shall entail the return of the amounts received. (d) The remaining unused aid must be recovered ex officio by the beneficiary entity in its entirety.

3. The reimbursement of the amounts received shall be carried out in the cases laid down in Article 37 of Law 38/2003 of 17 November, General of Grants, and by the procedure laid down in Articles 41 to 43 of that Law and corresponding articles of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July.

Article 9. Responsibility and sanctioning regime.

The beneficiaries of the grants provided for in this order are subject to the regime of administrative and sanctions violations provided for in Title IV of Law 38/2003 of 17 November, General of Grants and corresponding articles of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July. The criteria for the graduation of possible non-compliances must comply with the principle of proportionality, as set out in Article 8 of this order.

Single additional disposition. Legal regime.

For all those extremes not provided for in this order, it will be applied on an extra basis, as provided for in Law 38/2003 of 17 November, General of Grants, in its Rules of Procedure, approved by the Royal Decree 887/2006 of 21 July, and in Law 30/1992, of 26 November of the Legal System of Public Administrations and of the Common Administrative Procedure and the other rules which, if necessary, result from application.

Single repeal provision. Repeal and regulation.

All rules of the same or lower rank are repealed in that they contradict or oppose the provisions of this order.

Order TAS/3768/2005 of 14 November 2005, laying down the regulatory basis for granting, by the National Institute for Safety and Hygiene at Work, grants for projects of the research, development and innovation in the field of occupational risk prevention.

Final disposition first. Faculties.

The director of the National Institute of Safety and Hygiene at Work is empowered to dictate how many resolutions he considers necessary in the development and application of the precepts of this order.

Final disposition second. Entry into force.

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

Madrid, 10 July 2007.-The Minister of Labour and Social Affairs, Jesús Caldera Sanchez-Capitan.