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Order Eci/3260/2006, Of 16 October, Which Approve The Regulatory Basis For The Provision Of Scholarships By The Instituto De Astrofísica De Canarias.

Original Language Title: ORDEN ECI/3260/2006, de 16 de octubre, por la que se aprueban las bases reguladoras para la concesión de becas por el Instituto de Astrofísica de Canarias.

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Paragraph 1 of art. 17 of the General Law of Grants, Law 38/2003 of 17 November, provides that, in the field of the General Administration of the State, as well as of the public bodies and other entities of public law with own legal personality (a) the Commission will take the necessary steps to ensure that the aid is granted in accordance with Article 1 (1) of the Regulation. The Instituto de Astrofísica de Canarias (IAC) is a Public Consortium of Management whose purpose is astrophysical research, and which is governed by Royal Decree Law 7/1982 of 30 April, establishing and establishing its legal regime, by the In addition, it is necessary to provide for the provision of additional provisions of the Law 13/1986 of 14 April 1986 on the Promotion and General Coordination of Scientific and Technical Research and Royal Decree 795/1989 of 23 June on the organization and operation of the organization. Furthermore, the IAC is governed by its specific legal provisions, by the rules laid down in its development and, as far as is not provided for in those rules, by the law applicable to the public research bodies referred to in Article 13. of Law 13/1986 of 14 April and Royal Decree 63/2006 of 27 January 2006 on the Statute of the investigating staff in training. The Instituto de Astrofísica de Canarias is intended to:

a) To perform and promote any type of astrophysical or related research.

b) Spread the astronomical knowledge, collaborate in the specialized university teaching of astronomy and astrophysics in the university district of La Laguna and train and train scientific and technical personnel in all the fields related to astrophysics. (c) Manage existing centres, observatories and astronomical facilities, and those which in the future are created or incorporated into their administration, as well as the dependencies to their service. d) Foster relations with the national and international scientific community.

It is on the basis of paragraph b) of these aims that the IAC has been carrying out several calls for scholarships aimed at the training and training of scientific and technical staff in the fields related to astrophysics.

In this sense, it is necessary to regulate in a detailed and stable manner the various aspects, as well as the requirements and the guarantees that must be configured in the procedure of grant of scholarships to be called by the Institute of Astrophysics of the Canary Islands, in the legal framework defined by the current regulations. In any case, the calls that are issued under these bases will be in line with the provisions of the General Grant Law, Law 38/2003 of 17 November. This Order is dictated by the exclusive competence of the State in matters of promotion and general coordination of scientific and technical research, established in art. 149.1.15. 1st of the Constitution. In its virtue, I have:

First. Article 1. The purpose of this Order is to lay down the rules governing the granting of aid for training purposes, under competitive competition, and in accordance with the principles of objectivity and publicity, improvement of the professional experience or for the completion of doctoral theses, through the promotion, promotion and protection of scientific and technical research activities.

2. The aid will take the form of pre-doctoral and post-doctoral or training grants and will be financed from the budgets of the Instituto de Astrofísica de Canarias.

Second. Beneficiaries ' requirements. -They may be beneficiaries of the grants provided for in this Order: natural persons who, having full capacity to act and not being disabled for the purpose of obtaining State aid or grants, meet the following conditions:

(a) Possession of Spanish nationality or being a national of a Member State of the European Union, or foreign resident in Spain at the time of formalizing the grant.

(b) Be in possession or in a position to obtain from the title required in the corresponding call. An applicant shall be deemed to be in a position to obtain the title required by the call when it meets all the academic requirements required for its material dispatch. In the latter case, such a circumstance shall be credited by the payment of the rights to be issued before the end of the period for the submission of applications, without prejudice to the title of the IAC once it has materialised. issue. (c) The Senior Engineers may be certified to have completed all the subjects of the qualification and only have pending the completion of the end of the career project. (d) not be physically incapacitated or suffer illness which may impede the development of the training activity which constitutes the object of the grant. e) The non-concurrence of the circumstances foreseen in the art. 13 of the General Grant Act, Law 38/2003, dated November 17.

Third. Procedure.

1. The ordinary procedure for the award of grants shall be carried out on a competitive basis, in accordance with the principles of objectivity and publicity, by comparing and assessing the applications submitted in order to establish a (a) priority shall be given to them in accordance with the assessment criteria previously set out in the call, and to award, with the limit laid down in the call within the available credit, those which have obtained the highest valuation in application of the the above criteria.

The grant proposal will be formulated to the entity by a collegiate body through the instructor. The composition of the collegiate body and the determination of the instructor shall be the one to establish the corresponding calls. 2. Grants shall not be awarded in excess of the amount to be determined in the call.

Fourth. Start.

1. The procedure for granting the grants shall be initiated on a public notice by the Director of the Institute of Astrophysics of the Canary Islands and published in the "Official Gazette of the State", which shall be mentioned in the Official Journal of the Canary Islands. express of Law 38/2003 of 17 November, General of Grants and of this Order.

2. The call shall include:

(a) Indication of the provision establishing, where applicable, the regulatory bases and the official journal in which it is published.

(b) The number of scholarships called, subject, conditions, duration and purpose of the scholarships. (c) The grant of the grant: The calls may establish one or more components of grants and training aid, the amount of which shall be fixed at the cost of the activity to be financed, in such a way that under no circumstances may it exceed (d) the budgetary appropriations to which the grants and the maximum total amount of the calls made within the available appropriations are allocated or, in the absence thereof, the estimated amount of each grant. (e) Expression that the concession is made by means of a competitive competition regime. (f) the specific requirements to be met by applicants and how they can be accredited to ensure conditions of effective competition. In this regard, the relevant calls may provide for the applicant's academic record to reach a minimum of average note, specifying the scale to be applied for its calculation, as well as the adequacy of the training prior to the objectives of each grant. For pre-doctoral grants, the aim of which is the preparation of the doctoral thesis, the "IAC Resident Astrophysicists" programme, the calls may require that the professional qualifications enabling them to obtain such scholarships have been obtained within 2 years immediately prior to the commencement date of the grant. In the case of disabled persons, this time limit shall be 4 years, in order to enable the recruitment of trainees in accordance with the provisions of the 10th base. In case of legal modification of the requirements for the hiring in practice (art. 11.1 of the Workers ' Statute), the calls will be in line with the current regulations. Any other conditions or circumstances that may affect the scholarship process. (g) Indication of the competent bodies for the management, instruction and resolution of the procedure. (h) the time limit for the submission of applications and the body to which they are to be addressed, expressly stating that such applications may be lodged in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 Legal framework for public administrations and the common administrative procedure. Such applications shall also apply to the provisions of Article 23 (3) of the General Law on Subsidies, Law 39/2003 of 17 November. (i) Deadline for resolution and notification. Calls may be made for the source of partial and successive resolutions, as the bodies concerned have formulated the relevant proposals. (j) Documents and information to accompany the request. (k) Where appropriate, the possibility of reformulation of applications in accordance with the provisions of art. 27 of General Grant Law, Law 38/2003, of November 17. (l) Indication of whether the decision puts an end to the administrative procedure and, if not, the body to which the appeal is to be brought. (m) Criteria for the assessment of applications. n) The means of notification or publication, in accordance with the provisions of Article 59 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which guarantee adequate dissemination and accessibility for stakeholders. (o) The model of application for the call.

3. The requests of the persons concerned shall accompany the documents and information specified in the call, unless the documents required are already held by the Instituto de Astrofísica de Canarias, in which case the applicant may be eligible for as set out in paragraph (f) of art. 35 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, provided that the date and the body or agency in which they were presented or, where applicable, issued are entered, and where no more than five years have elapsed since the end of the procedure to which they correspond.

In the cases of material impossibility of obtaining the document, the competent body may require the applicant to submit, or, failing that, the accreditation by other means of the requirements referred to in the document, prior to the formulation of the motion for a resolution. 4. For the purposes of the above paragraphs, the call may, where appropriate, allow the replacement of the presentation of certain documents by a responsible declaration by the applicant. In this case, prior to the proposal for the grant of the grant, the presentation of the documentation that accredits the reality of the data contained in the said declaration must be required, within a period not exceeding 15 days. 5. If the application does not meet the requirements set out in the call, the competent body shall require the person concerned to submit it within the maximum and unextendable 10-day period, indicating that if he does not do so, he shall be given a withdrawal from his or her application, after a decision which must be given in the terms laid down in Article 4 (1). 71 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Fifth. Instruction.

1. The instruction in the grant award procedure corresponds to the body designated in the call.

2. The competent authority for the instruction shall carry out any of its operations as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made. 3. Instruction activities shall include:

a) Request how many reports you deem necessary to resolve or be required in the call.

b) Evaluation of applications, carried out in accordance with the criteria, forms and priorities of assessment established in the call.

The call for the grant may provide for the possibility of establishing a pre-assessment phase in which compliance with the conditions imposed to acquire the condition of beneficiary of the grant will be verified. In the absence of such a step, verification shall be carried out, in any case, in the assessment of the applications.

4. Once the applications have been evaluated, the collegiate body referred to in Article 1 (1). 22 of the General Law of Grants, Law 38/2003 of 17 November, will have to issue a report in which the result of the evaluation is completed. The instructor, in the light of the dossier and of the report of the collegiate body, shall make the proposal for a provisional, duly substantiated, decision to be notified to the persons concerned in the form set out in the call, and grant a period of 10 days to submit claims. For the purposes of notifications, the proposal for a provisional resolution shall at least be set out in the bulletin board of the I.A.C. (Avda. Via Dairy, s/n, La Laguna, Santa Cruz de Tenerife province, as well as on the Internet address http://www.iac.es/, the list of candidates selected and, where appropriate, a complementary list of alternates by order of priority for the (a) to waive the conditions necessary for the receipt of the grant to the beneficiaries. Proceedings may be waived where they do not appear in the proceedings or take into account other facts or other arguments and evidence which are adduced by the parties concerned. In this case, the motion for a resolution will be final. Examination of the arguments put forward by the parties concerned, the proposal for a final decision, to be expressed by the applicant or the list of applicants for which the grant of the grant is proposed, and its amount, specifying their assessment and the assessment criteria followed to carry out the assessment. The grant file shall contain the report of the instructor in which it is established that the information in its possession shows that the beneficiaries fulfil all the necessary conditions for access to them. 5. The proposal for a final decision, where appropriate in accordance with the regulatory bases, shall be notified to the persons concerned who have been proposed as beneficiaries at the stage of the training, so that, within the time limit laid down in that rules communicate their acceptance. For these purposes, it will be displayed in the bulletin board of the I.A.C. (Avda. Via Dairy, s/n, La Laguna, Santa Cruz de Tenerife province, as well as on the Internet address http://www.iac.es/, the list of candidates selected and, where appropriate, a complementary list of alternates by order of priority for the (a) to waive the conditions necessary for the receipt of the grant to the beneficiaries. 6. The proposals for interim and final resolution do not create any right in favour of the proposed beneficiary, in front of the Administration, until the granting resolution has been notified to it.

Sixth. Resolution and notification.

1. In accordance with the provisions of art. 25 of the General Law of Grants, in conjunction with Law 30/1992, of 26 November, of Legal Regime of Public Administrations and Common Administrative Procedure, the scholarships referred to in this Order shall be granted, by means of administrative resolution, by the Director of the Institute of Astrophysics of the Canary Islands.

2. The decision, in addition to containing the applicant or relationship of applicants to which the grant is granted, shall state, where appropriate, the rejection of the other applications. 3. The maximum time limit for resolving and notifying the decision of the procedure may not exceed six months, unless a rule with a law range establishes a longer period or is provided for in European Union legislation. The time limit shall be computed from the publication of the relevant call, unless the latter has postponed its effects to a later date. 4. The expiry of the maximum period without having been notified of the legitimate decision to the persons concerned to understand the application for the grant of the subsidy is rejected by administrative silence. 5. The decision of the procedure shall be notified to the persons concerned in accordance with the provisions of the Article. 58 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The practice of such notification or publication in accordance with the provisions of art. 59 of the aforementioned law will be made in the bulletin boards of the IAC (Avda. Via Dairy, s/n, La Laguna, Santa Cruz de Tenerife province), as well as on the internet address http://www.iac.es 6. Against the decision of the Director of the IAC to resolve the procedure, he will bring an appeal before the President of the Rector Council of the IAC, in the terms and deadlines foreseen in the arts. 114 et seq. of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

Seventh. Obligations of the grantees.

1. In accordance with the provisions of art. 14 of the General Law of Grants, Law 38/2003, of November 17 the beneficiaries of the scholarships framed within the Program of Scholarship of the IAC will be obliged to: (a) to fulfill the scientific or technical research activity for which it has been awarded the grant. The successful tenderers must be incorporated within the maximum period to be determined for each of the sub-programmes ' calls. Incorporation within the prescribed period will be a necessary condition for the improvement of the condition of the scholarship and for the perception, as a consequence of the corresponding assistance.

b) Justify before the IAC the conduct of the research activity, as well as the fulfilment of the requirements and conditions that determines the grant and enjoyment of the grant. The trainees must also faithfully meet the objectives and guidelines set out in each of the calls. c) Meet the internal regime of the IAC. (d) to bring to the attention of the IAC, with immediate effect, the obtaining of any results that are susceptible to protection in accordance with the regulations on industrial protection. In addition, you must record your status as a fellow and your membership of the IAC in any publication that is a direct consequence of the activity developed on the basis of the scholarship. (e) the submission of checks which are likely to be carried out by the IAC, or those of financial control which may be carried out by the competent national and Community control bodies, by providing the information required; required in the course of the previous proceedings. (f) Communicate to the IAC the procurement of any other aid, grant, revenue or resources to finance the activities supported. This communication shall be made as soon as it is known and, in any case, before the justification for the application given to the funds received. (g) Proceed to the reimbursement of the funds received in the cases referred to in Article 37 of the General Grant Law, Law 38/2003 of 17 November. h) In the event that they wish to give up the scholarship, the grantees are obliged to communicate it in writing to the Director of the IAC, at least 15 days in advance of their effectiveness.

2. In addition to these general obligations, the respective calls shall provide for those calls which may be required. Eighth. Conditions for the enjoyment of the scholarships.

1. For all the grants awarded by the Instituto de Astrofísica de Canarias, the following general conditions shall apply: (a) As a general rule, the award of other grants, aid, income or resources for the same purpose, from any public or private authorities, national, European Union or international bodies shall be incompatible with the grants of the I.A.C.

In any case, the grants shall be compatible with travel bags intended to cover travel or subsistence expenses that the grantee must carry out due to the needs of the project in which he or she develops his or her training activity, provided that it is for a limited period of time and subject to the authorisation of the IAC. (b) The benefit of the grant and, therefore, the status of a scholarship holder does not in any way imply the provision of services, employment relationship or function with the IAC or with the centre of that Agency where the beneficiary carries out the process of training. Likewise, the IAC does not assume any commitment in order to the incorporation of the scholarship to its staff at the end of the grant awarded. c) The IAC will provide the collaboration and support necessary for the normal development of the studies or research programs of the scholarship, according to their availabilities. (d) The scientific results and possible inventions which are obtained as a result of the activity carried out by the beneficiary during the period of enjoyment of the grant, shall be the exclusive property of the IAC, without prejudice to the recognition of the intellectual property rights that may correspond to the grantee.

2. The resolution of the grant of the grant will entail the commitment of the corresponding expenditure. Each call will determine, as appropriate, the perceptions to which the beneficiaries are entitled by the following concepts: monthly allowance, tuition fees and courses for obtaining the doctorate, registration and expenses for attendance at congresses and meetings related to their training or stay in other national or foreign centres. In addition, it will determine the other conditions to which the enjoyment of the respective scholarships will be adjusted.

3. Grantees will be able to receive advance payments and credits. 4. The continuity of the grant is subject at all times to the fulfilment of the obligations by the grantees (base seventh), to the existence of credit in the budgets of the IAC or, where appropriate, to the existence and continuity of the external funding to finance the relevant call.

Ninth. Measures to ensure compliance with the purpose of the grants.

1. The loss of the right to full or partial recovery of the grant will occur in the event of a lack of justification or of any of the causes provided for in the article. 37 of the General Grant Act, Law 38/2003, dated November 17.

Likewise and under the conditions set forth in art. 35 of the General Law of Grants, Law 38/2003, of November 17, the IAC will be able to proceed to the retention of the payment. 2. The beneficiaries shall be obliged to refund the amount of the grant in the cases provided for in Title II of the General Law of Grants, Law 38/2003 of 17 November. 3. It constitutes administrative infringement in the field of grants, the actions and omissions established in the General Law of Grants, Law 38/2003, of 17 November, being responsible, among others, the grantees, in relation to the activities which they have committed themselves to carry out, which by action or omission they incur in the cases identified as infringements, giving rise to the opening of the relevant sanctioning file, all in accordance with the provisions of Title IV of the Law 38/2003, of November 17, General of Grants.

10th. Training programme of "Resident Astrophysicists of the IAC".-The calls for grants for the Training Programme for Research in Astrophysics and the Doctoral Thesis, "IAC Resident Astrophysicists", will include:

An initial period of scholarship, which will comprise the first two years since the grant of the aid.

From work contract to internship, which once exceeded the scholarship period and obtained the Diploma of Advanced Studies or administrative document that replaces it according to the new structure of teaching adapted to the Space European Higher Education, comprising at most the following two years.

In those cases where the beneficiary of an aid would have obtained the DEA prior to the end of the first two years of the grant, it will not accede to the employment contract or contract phase until the end of the complete the two-year period of scholarship.

By way of derogation from the above paragraph, the IAC may lay down other requirements to replace the DEA or administrative document replacing it in accordance with the new structure of teaching adapted to the European Space. of higher education, to access this phase of contract of work in practice. The calls for the programme of "Astrophysical residents of the IAC" will be applicable to them, and this will be expressly stated in the provisions of Royal Decree 63/1006 of 27 January, which approves the staff regulations. Researcher in training. Eleventh. Legal regime. -For the purposes not provided for in this Order, Law 38/2003 of 17 November, General of Grants, will be applied; in the General Budget Law, approved by Law 47/2003, of November 26; Law 30/1992, of November 26, Legal status of the public authorities and the common administrative procedure; the Royal Decree Law 7/1982 of 30 April, establishing and establishing its legal system; by the 11th additional provision of Law 13/1986 of 14 April, for the Promotion and General Coordination of Scientific and Technical Research, and for the Royal Decree The Commission is also concerned with the need to ensure that the rules governing the organisation and operation of the Staff Regulations of the investigating staff are adopted by the Court of the European Communities in order to ensure that they are not application. Twelfth. Title of competence. This provision is made in accordance with the provisions of art. 149.1.15. The Constitution, which attributes to the State exclusive competence in the field of the promotion and general coordination of scientific and technical research.

13th. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, October 16, 2006. -Minister of Education and Science, Mercedes Cabrera Calvo-Sotelo.