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Order Sco/2236/2006, Of June 26, Establishing The Regulatory Bases Of The Calls For The Granting Of Financial Aid For The Development Of Research Projects On Drug Addiction.

Original Language Title: ORDEN SCO/2236/2006, de 26 de junio, por la que se establecen las bases reguladoras de las convocatorias para la concesión de ayudas económicas para el desarrollo de proyectos de investigación sobre drogodependencias.

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TEXT

One of the tasks entrusted to the Government Delegation for the National Plan on Drugs by Royal Decree 1555/2004, of 25 June, for which the basic organic structure of the Ministry of Health and Consumer Affairs is developed, is to direct and coordinate research activities in the field of drug dependence. In the field of research, it is necessary that policies and actions that develop on drugs and dependencies are based on scientific rigor and from a public health perspective, enhancing basic, clinical, and social research. epidemiological and methodological. To develop this task, the National Institute for Research and Training on Drugs, whose composition and operating system is established in Order INT/2437/2002 of 4 October, which, among other objectives, seeks to strengthen the collaboration and coordination of the calls for aid to research with other public institutions competent in this field, as is the case with the "Carlos III" Health Institute. This objective, in addition to the multi-annual action plans of the Government Delegation for the National Plan on Drugs, to achieve coordinated action between the various sectors involved in this field, as well as the existence of Technical and economic instruments to enable such action to be carried out, advise the establishment of the regulatory framework for the calls for grants, with the appropriations allocated for this purpose to the Government Delegation for the National Plan on Drugs in the General Budget of the State. The call for these grants also seeks to cooperate in the achievement of the objectives of the national plans for scientific research, development and innovation (R & D + I) in the field of biomedicine. In the processing of this provision, the State Advocate and the Department's Delegate Intervention have issued a mandatory report. This Order is issued in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants. In its virtue, with the prior approval of the Minister of Public Administrations, I have:

Article 1. Object.

1. The purpose of this Order is to lay down the rules governing the calls for financial aid for the implementation of research projects on drug dependence carried out by public or private non-profit entities, in the context of the National Biomedicine Programme, in accordance with the national R & D + I Plans and the multiannual Action Plans on Drugs.

2. These aids will be governed by Law 38/2003 of 17 November, General of Grants, and by the provisions of this Order and the other rules of administrative law and, failing that, in those of private law, and will be subject to the principles of advertising, transparency, competition, equality and non-discrimination. 3. To this end, projects whose contents and formats are referred to previously selected topics, explicitly included in the calls, will be financed. Aid shall be granted to projects which meet the best conditions, in accordance with the assessment criteria laid down in Article 5, on the basis of the available credit.

Article 2. Applicants and beneficiaries.

1. The Spanish R & D centres, both public and private, may be applicants and beneficiaries of the aid provided for in this Order. For the purposes of this order, it is understood by: (a) Public R & D Centre: Public health institutions, public universities, public research bodies recognised as such by Law 13/1986 of 14 April, General coordination of Scientific and Technical Research, and any other R & D centre dependent on Public Administrations.

b) Private R & D Centre: Private health institutions, private universities and other private entities engaged exclusively in research with their own legal personality and capacity or activity demonstrated in R & D actions and which are not for profit.

2. Applicants may not be held in any of the circumstances prohibiting the obtaining of the status of a beneficiary, as set out in Article 13 of the General Grant Act, and must comply with the obligations laid down in the Article 14 of the General Grant Law.

3. Applicants must have submitted, before the end of the application period for each call, the full final, scientific and economic memories of the research projects financed previously by the Delegation of the Government of the National Plan on Drugs and in which the same principal investigator will appear. 4. Requirements relating to the academic qualification of the researchers of the projects for which a grant is requested may be laid down in the calls, as well as the involvement of those researchers with the centre of the body beneficiary where the project is to be developed. 5. In the case of coordinated projects there will be a plurality of beneficiaries, with the beneficiary entities being those entities to which the principal investigator of each subproject belongs.

Article 3. Projects to be financed.

1. They should be basic research, clinical, social, epidemiological, public health or health services projects, referring to the different aspects of drug dependence, the results of which must be a step forward in the field of drug addiction. addictions and is useful for the creation or improvement of products, processes and services.

2. For each call, the priority research lines will be specified in detail. 3. Projects may be presented as individual projects or as coordinated projects. The coordinated projects shall consist of two or more subprojects carried out by other research teams, from different entities or from different departments of the same entity. Each subproject will have a principal investigator responsible for the development of the proposed activities to its subproject. In addition, one of them will act as coordinator of the project and will be responsible for its monitoring and scientific coordination, without prejudice to the responsibility for the aid granted to each of the beneficiary entities where develop each subproject. Such coordinated projects should adequately justify the need for such coordination in order to achieve the objectives proposed, as well as the expected benefits of such coordination. 4. Projects to be submitted may be developed for one, two or three years. Those whose duration is estimated in two or three years shall be divided, respectively, in two or three distinct phases, each corresponding to one year of implementation. 5. No principal investigator may appear as such in more than one project of those submitted to each call. Each researcher will only be able to participate simultaneously in two research projects (in one as a principal investigator and in another as a contributor, or in two as a contributor) in each call. 6. Each call shall, where appropriate, determine the incompatibilities to which the principal investigator and the other members of the research team are involved in the research projects. 7. It shall be indicated whether the project submitted is being subsidised by another public or private body, whether national or international. 8. Research projects shall respect the fundamental principles relating to human rights as set out in the Helsinki Declaration, in the Council of Europe Convention on Human Rights and Biomedicine, in the UNESCO Universal Declaration on Human Genome and Human Rights and Spanish legislation in the field of biomedical research, the protection of personal data and bioethics. 9. Projects involving animal experiments, involving the use of genetically modified organisms, as well as projects involving clinical trials, must comply with the rules governing the use of genetically modified organisms. materials.

Article 4. Submission of applications.

1. The interested parties must submit their application in the standard model to be published as an annex to the calls and will also be available on the website of the Government Delegation for the National Drug Plan. The calls shall indicate the documentation to accompany the applications.

2. The time limit for the submission of applications and the remaining documents required by the invitation to tender shall be one month from the day following the publication of the notice in the Official Gazette of the State. 3. Applications shall be addressed to the Government Delegation for the National Drug Plan and may be submitted in the Registers and Offices provided for in Article 38.4 of Law 30/1992 of 26 November of the Legal Regime of the General Government and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January. Each call shall specify the number of copies of the application and the rest of the documentation as well as the format of the submission. 4. If any of the applications does not accompany any document of the required or omits any of the ends provided for in Article 70.1 of Law 30/1992, of 26 November, the entity that has formulated it will be required to, within a period not more than ten days, to remedy the deficiencies or omissions which have been noted, with a warning that, if it does not do so, the withdrawal of the request shall be deemed to have been withdrawn, after a decision shall be given in accordance with the terms laid down in Article 42 of the Law 30/1992, of 26 November. 5. In the case of coordinated projects, a complete and independent application shall be made for each of the subprojects, indicating the title of the coordinated project in which it is integrated.

Article 5. Concession procedure.

1. The granting of aid shall be made in accordance with the principles of objectivity, competitive competition and advertising.

2. The procedure shall be initiated on its own initiative, by means of a call approved by the competent body, to be published in the Official Gazette of the State. 3. The Deputy Director-General for Information, Studies and Coordination of Programmes Prevention, Assistance and Reinsertion of the Government Delegation for the National Drug Plan will be the procedure's instructor. The General Management Subdirectorate shall assume the administrative handling of the calls. 4. The instructor body, in accordance with the provisions of Article 5 of the Rules of Procedure for the Concession of Public Grants and Grants, shall carry out, on its own initiative, any action it deems necessary for the determination, knowledge and verification of the data on the basis of which the decision is to be taken. 5. The evaluation of applications will be carried out by the evaluation committee appointed by the Government Delegate for the National Plan on Drugs and will have the following composition:

(a) President: The Assistant Director General for Information, Studies and Coordination of Prevention, Assistance and Reinsertion Programs.

b) Secretary: An official of the Government Delegation for the National Plan on Drugs. c) Vocals: A minimum of three technicians, one of them belonging to the "Carlos III" Health Institute and another to the General Management Subdirectorate.

The evaluation committee shall, as regards its operation, comply with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992.

6. The process of evaluation and selection of applications submitted will consist of three phases:

(a) In the first phase, external evaluators appointed by the Evaluation Commission shall carry out the scientific-technical evaluation of the applications. For each of the applications, a report will be produced according to the following criteria: 1. Scientific-technical and methodological quality, and socio-sanitary relevance.

2. The research group's adequation and capacity for the performance of the activities planned, and the appropriate chronological planning of the activities. 3. The adequation of the means available and the financial resources to the objectives that are proposed.

This report will form the basis, for the purpose of its assessment by the Evaluation Commission, for the determination of the average excellence of the research team and the project

(b) In the second phase, representatives of the Autonomous Communities ' Regional Drugs Plans where the applicant entity is geographically radiating, will issue an opinion of interest for viable projects or subprojects from the scientific-technical point of view. (c) In a third stage, the projects will be examined by the evaluation committee which will assess the following aspects as a priority:

1. Project adequation to the priorities of the call.

2. º Results that the teams have obtained in the field of the thematic proposal and interest of the same. 3. Project assessment within the overall project evaluation, compliance with the objectives and aid requirements granted in previous calls. 4. Special attention will be paid to projects presented by centers of geographical areas that require further structural development to promote territorial equity in biomedical and health research resources, provided that there are guarantees of scientific quality and the full use of resources. The multi-centre projects and the coordinated projects will be assessed positively, especially if they are inter-regional.

The score to be awarded to each criterion will be collected in each of the calls.

7. According to the score obtained at all stages, the evaluation committee will draw up a draft resolution which will include:

a) A prioritized relationship of projects that deserve to be funded, with a proposal for grant allocation for the projects, which will be determined according to criteria of maximum efficiency in the allocation of resources.

b) A relationship of projects that are considered non-bankable.

In the case of coordinated projects, only some of the subprojects may be approved, provided that they include the coordinator.

The motion for a resolution will not create any right in favour of the beneficiaries proposed in front of the Administration, until there has been a resolution and it has been notified. 8. The instructor shall forward to the Government Delegate for the National Plan on Drugs the proposal for a resolution of the call who will raise it to the Minister of Health and Consumer Affairs to adopt the appropriate reasoned resolution, in the period of 15 days following the submission of the motion for a resolution. The maximum period for the decision of the procedure and its notification to the persons concerned shall be six months after the publication of the notice in the Official Gazette of the State. This period may be suspended, in accordance with the legislation, at the time of the processing of the file, during the period of the scientific-technical evaluation by the external evaluators, which may not exceed two months. Those applications which have not been expressly resolved and notified in time shall be deemed to be dismissed, without prejudice to the administration's obligation to issue an express decision in the manner provided for in Article 43.4 of the Law. 30/1992, dated 26 November, as amended by Law 4/1999 of 13 January. This resolution puts an end to the administrative route, with the possibility of an interposition of the replacement of the right of replacement within one month of the notification of the decision, in accordance with the provisions of Article 116 of Law 30/1992, of 26 November, as amended by Law 4/1999, of 13 January, or may be used in a judicial-administrative manner, in accordance with the provisions of Law 29/1998 of 13 July, regulating the Jurisdiction-Administrative Jurisdiction, in the two months from the day following the notification of the decision or the date on which the decision was taken. Request is understood to be dismissed by administrative silence. In addition to the notification to those concerned at the address, or in the email indicated in the application, the decision will be published in the notice board of the Government Delegation for the National Drug Plan and a summary of the the same will be published on the website of the Government Delegation for the National Plan on Drugs and in the "Official State Gazette".

Article 6. Amount and payment of the financial aid granted.

1. The aid shall be used to cover expenditure related to the development and implementation of the activities relating to the implementation of the projects selected. The amount shall be determined in proportion to the outcome of the project evaluation, applying the criteria set out above and on the basis of the available credit. For projects in the budget of which a significant deviation, in costs or means, is assessed in relation to the objectives set out therein, the budget shall be adjusted to bring it into line with the level of expenditure deemed to be sufficient.

2. The grant of the grant awarded shall be made on presentation by the entity, for each annuity, of:

(a) Certification of forecast of expenditure to which the implementation of the project will take place in each year, according to the quantities subsidized. This forecast of expenditure, which will be broken down by concepts, must be approved by the Deputy Director General for Information, Studies and Coordination of Prevention, Assistance and Reinsertion Programmes. With it, the entity is obliged to the destination of the funds received, as a guarantee in favor of the public interests.

(b) Certifications issued by the State Administration of Tax Administration and Social Security, which show that they are aware of the compliance with the tax and social security obligations, which are regulated in the Ministerial Orders of 28 April 1986 and 25 November 1987 respectively. For these purposes, and as provided for in Royal Decree No 209/2003 of 21 February 2003, which regulates the records and the telematic notifications, and the use of telematic means for the replacement of the contribution of certificates for citizens, calls may include the possibility of replacing the paper presentation of these certifications with their transmission by telematic transmission or by the provision of information directly by the public bodies which are issued, subject to the authorization of the parties concerned. 3. Payment of the aid granted shall be paid in advance in favour of the beneficiary entities. By virtue of this, and taking into account the characteristics of the beneficiaries, a guarantee of one per cent of the total amount subsidised in each programme will be provided, only in the event that this amount exceeds EUR 100 000. Public R & D centres as defined in Article 2.1.a) shall be exempt from the provision of this guarantee. 4. The grants awarded will be made from the credit affected for these purposes in the General Budget of the State in the program "National Plan on Drugs", concept 781 " Research projects to be developed by public entities and private. " The maximum annuity distribution will be determined on each call. 5. The amount of aid shall be provided in favour of the institution of which the centre is dependent on the project or sub-project supported. 6. Invented goods, except buildings, which shall remain the property of the subsidised entity, may be purchased from the grant received. The inventoried assets acquired under the grant will have to be attached to the centre where the subsidised programme was developed for at least three years, even if the project reaches only one or two annuities. In this type of goods, in accordance with the provisions of Article 31.3 of the General Grant Act, where the amount of each purchase exceeds EUR 12 000, the beneficiary shall request a minimum of three offers of different suppliers. The choice between the tenders submitted, which shall be provided in the justification, shall be made in accordance with the criteria of efficiency and economy, and the choice must be expressly justified in a memory when the economic proposal does not fall. more advantageous. 7. The grant may include staff costs arising from the participation in the project of trainees and temporary staff, other than the statutory or contractually linked staff with the applicant body, which may be incorporated into the project for all or part of the duration of the project, in partial or total dedication. This staff shall be incorporated under any legal system, in accordance with the rules and rules to which the applicant body is subject, without any commitment as to its subsequent incorporation into that body. or work relationship with the Government Delegation for the National Plan on Drugs. 8. The travel costs necessary for the implementation of the projects will be subject, in their justification, to the provisions of Royal Decree 462/2002 of 24 May on compensation for the reason of the service, being of application in all cases. amounts corresponding to Group 2 which are in force at any time. In any event, they shall be differentiated between the travel costs inherent in the project and those arising from the dissemination of the project which may be imputed only to the second and third annuities, preferably to the latter, and which shall also include registration of the events in which it is intended to participate, and may only be used by the members of the research team. 9. The amount of the subsidy may be spent up to 15% on general and administration and management costs. In cases where these expenses are part of the institution's wider other expenses, the person responsible for the institution shall be certified to provide proof that the corresponding amount has been accounted for as income in the institution. accounting of the institution. 10. The payment of the subsidised quantities for the second and third years, where appropriate, shall be subject to the existence of sufficient budgetary credit for each financial year and to the receipt of the annual report and justification. of the preceding financial year. 11. This aid shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose, from any public or private administration, national or international. This compatibility will be conditional on the total amount not exceeding the cost of the activity to be developed, so the entity is obliged to inform the Government Delegation for the National Plan on Drugs to obtain other aid. at the time they are produced.

Article 7. Implementation of supported activities.

1. The date of the resolution shall start the calculation of the first annuity and the following.

2. The beneficiary institution shall make the grant programme, even if only a part of it has been subsidised, without prejudice to the right of the institution to waive the grant. With the acceptance of the grant, the requesting entity undertakes to complete the financing necessary for the development of the project in the event that only part of it is subsidised. 3. Scientific production in relation to the funded project shall be communicated to the Government Delegation for the National Drug Plan and in any publication to which it shall be expressly stated, in a visible and preferential manner. the project has been carried out with funding from the Government Delegation for the National Plan on Drugs. Three copies of these publications shall be sent, whichever date they appear. Similarly, three copies of the full study and the final report for inclusion in the bibliographic funds of the Government will be sent to the Government Delegation for the National Drug Plan. 4. The Government Delegation for the National Plan on Drugs may, at all times, make public use of the content and results of the projects carried out through the grants. 5. If the results obtained or the same research process are subject to patent, it will be the property of the research entity, although the registration fees may be charged to the grant.

Article 8. Justification for the subsidy.

1. Before two months after the end of the period of completion of the project, or of each annuity, the entity shall present to the Government Delegation for the National Drug Plan the following documents: (a) Final report of the project, or annual of the appropriate phase, signed by the principal investigator and completed in a standardised model to be published as an annex to the calls and which will also be available on the website of the National Plan Delegation On Drugs. In the case of coordinated projects, a memory must be submitted for each subproject. The investigator responsible for the coordination shall include in it a specific paragraph on the actions and achievements of the coordinated project as a whole.

(b) Economic justification, by means of originals or certified copies of the invoices corresponding to the expenditure incurred in the period ordered by concepts and preceded by a list of the expenditure to be included. The originals of the supporting documents submitted must be kept in the beneficiary institution for four years, at the disposal of the General Intervention of the State Administration and the Court of Auditors, in case of their submission. by any of them. If expenses are included for the purchase of inventoried goods, the Secretary or Administrator of the entity shall be accompanied by a certificate stating that the asset has been recorded in the entity's inventory. In addition, for goods that exceed 12,000 euros, the requested offers will be accompanied by the different suppliers. (c) copies of the publications or reports referred to in Article 7.3, where appropriate.

2. If the termination of the project is delayed for duly justified reasons, the Government Delegation of the National Drug Plan may extend the period referred to in the previous paragraph, in accordance with Article 49 of Law 30/1992, of 26 November, as amended by Law 4/1999 of 13 January, which must be applied for and granted before the end of that period.

3. The amounts allocated to the various concepts of the project shall be subject to deviations of up to 10% in respect of the forecast of expenditure referred to in Article 6 (2) (a), where the implementing requirements are met. the total amount of the subsidy is required and in full respect of the programme. If it were necessary to exceed this percentage, include expenditure concepts not covered by the program or to transform or cancel the existing ones, as well as to postpone to the next annuity some item of expenditure that would not have been possible to carry out, will be requires the authorization of the Government Delegation for the National Plan on Drugs. Such authorization must be requested in writing before the end of the eighth month of the completion of the project, or at each stage, if appropriate, on the understanding that it will not be granted by express resolution, which will be given within 15 months. days. 4. If the expenditure actually incurred in the total development of the project is less than the grant awarded, it will be reduced to the same amount, not the subsidy being able to exceed the expenditure made, so, if necessary, the difference to the Treasury. 5. The beneficiary entity shall be subject to the control, verification, monitoring and evaluation actions to be determined by the Government Delegation for the National Drug Plan, and shall periodically communicate the degree of compliance with the project, in accordance with the instructions given by the project. They shall also be subject to the financial control measures of the General Intervention of the State Administration and shall provide information as required by the Court of Auditors, in relation to the aid granted, Article 8 of the Rules of Procedure for the Concession of Public Grants and Grants is available.

Article 9. Amendment or revocation of the grant.

Any alteration of the conditions taken into account for the grant of the grant and, in any event, the concurrent obtaining of grants or aid granted by other public or private authorities or entities, national or International law, which must be communicated as required by Article 14 (d) of the General Law on Subsidies, may result in the modification or revocation of the grant decision.

The beneficiary entity will be subject to the regime of infringements and penalties provided for in Title IV of the General Grant Law.

Article 10. Criteria for the graduation of possible breaches of the conditions imposed by the grant of the grant.

The total or partial non-compliance with the conditions imposed by the grant of the grants will result in the obligation to reintegrate the amounts collected in whole or in part, plus the legal interests in accordance with the following proportionality criteria: (a) Failure to comply with the objectives and activities of the research project will result in the total reimbursement of the grant.

(b) Failure to comply with the partial objectives or specific activities of the project shall entail the return of that part of the grant to the project. (c) The implementation of unauthorised budgetary changes shall entail the return of the quantities diverted. (d) The non-filing, in accordance with the relevant call, of the annual and final memory, both scientific and economic, shall entail the return of the amounts received. (e) The remaining unused aid must be reintegrated in its entirety.

Article 11. Calls.

The calls for these aids will regulate the lines of research to be financed, the scores to be awarded in the assessment criteria and the available credits for each of the annuities in which the projects. They shall also regulate the requirements with regard to the investigators, the required documentation and the standard models for completion.

Single end disposition.

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

Madrid, June 26, 2006. -Minister of Health and Consumer Affairs, Elena Salgado Méndez.