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Order Sco/111/2006, Of 20 January, Which Lays Down The Regulatory Bases For Granting Scholarships Institute Of Health "carlos Iii" Language Superior Of Investigaciones Salk Scientific/institute For Biological Studies, Within The...

Original Language Title: ORDEN SCO/111/2006, de 20 de enero, por la que se establecen las bases reguladoras para la concesión de las becas Instituto de Salud «Carlos III»/Consejo Superior de Investigaciones Científicas/Instituto Salk para Estudios Biológicos, dentro del ...

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Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, provides a common frame of reference for Public Bodies with research functions and promotes, among others, the Health Sciences research. Law 14/1986 of 25 April, General Health, points out, among other functions of the health system, the promotion of research in the light of national research and development policies. The National Plan for Scientific Research, Development and Technological Innovation (hereinafter R & D + I) for the period 2004-2007, approved by agreement of the Council of Ministers of 7 November 2003, where the Sectoral Initiative of Research on Health, provides for various modalities of participation and considers human resources as the cornerstone of the Science and Technology system. The Ministry of Health and Consumer Affairs is offering from the "Carlos III" Health Institute, within the Human Resources and Difusion Program of Biomedical Research, a series of aids whose common objective is the research training of young graduates within the thematic areas established as a priority by the different National R & D & I Plans. Included in this Program are the "Carlos III" Health Institute/Higher Council of Scientific Research/Salk Institute scholarships, which are the subject of these regulatory bases, due to their framework in the National Plan of Scientific Research, Development and Technological Innovation 2004-2007, which establishes among the specific objectives of the horizontal actions, a National Program of Human Resources in R + D + I, to consider the research staff the component fundamental of any system of Science and Technology, where the National System is included Health as a subsystem. The "Carlos III" Health Institute has formalized a collaboration agreement with the Superior Council of Scientific Research and the Salk Institute for Biological Studies in La Jolla (California) to promote research with human stem cells in Spain, the Convention which provides for the convocation, of six annual grants with a duration of one year, extended by another for post-doctoral graduates to carry out training stays at the Salk Institute for Studies Biologicals de La Jolla (California) and whose bases are regulated by this order, financing the Health Institute "Carlos III" two thirds of the costs of these scholarships and the Higher Council of Scientific Research the remaining third. The management of these grants shall be governed in accordance with the 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. This order establishes the basis for the granting of aid from the Human Resources and the Dissemination of the Research of the Ministry of Health and Consumer for the granting of aid for certain types of grants, in the Framework of the National R & D + I Plan 2004-2007. In the elaboration of this provision they have issued a report prior to the State's Attorney General and the Department's Delegate Intervention. This order is issued in accordance with the provisions of Article 17 of Law 38/2003, General of Grants. In its virtue, with the prior approval of the Minister of Public Administrations, I have:

Article 1. Object.

purpose of this order is to establish the regulatory basis for granting, under competitive competition and in accordance with the principles of objectivity and publicity, aid for the training of researchers. qualified in research with human stem cells.

The aid will take the form of scholarships for post-doctoral graduates to undertake training stays at the Salk Institute for Biological Studies in La Jolla (California) and will be funded from the budget of the Institute of Health "Carlos III" and the Superior Council of Scientific Research.

Article 2. Priorities.

All proposals should be in line with the objectives and criteria set out in the National Plan for R & D + I 2004-2007, under the National Biomedicine Programme and should be related to basic and/or research applied in the biology of stem cells, from application to cardiovascular problems, infectious processes, etc.

Article 3. Requirements of the beneficiaries.

May be beneficiaries of the grants provided for in this order are those natural persons with capacity to work, who are not disabled for the purpose of obtaining state aid or grants, meet the following conditions: (a) national, national of the other countries of the European Union or national of a non-Community country with legal residence in Spain at the time of filing. In the latter case, the residence permit must be valid for the maximum duration of the programme.

(b) To be in possession of the doctor's degree obtained after the year 2000, or to certify the payment of the rights for their issue before the end of the deadline for the submission of applications. Diplomas obtained abroad or in non-State Spanish centres must be validated or recognised at the time of the application. c) To have an excellent knowledge of the English, spoken and written language, a circumstance that will be credited in the terms established in each call.

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

1. The interested parties shall submit the application in standard format and the documentation required by the calls, in English, in the General Register of the Health Institute "Carlos III", Calle de Sinesio Delgado, 6, 28029 Madrid, or any of the the forms provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. If this is indicated in the respective call, the requested requests and documentation will be completed and sent through the "Carlos III" Health Institute's website through the computer application that is established to the effect.

2. The interested parties must attach a statement of intent specifying the research group to which they wish to be incorporated, as well as a detailed explanatory statement. 3. The time limit for the submission of the applications and the remaining documents required shall be one month from the day following the publication of the respective decisions of the notice in the "Official Gazette of the State", except where A different time limit is specified.

Article 5. Concession procedure.

1. The calls for the granting of the aid referred to in these bases will be initiated on their own initiative, by means of a Resolution of the Director of the Health Institute "Carlos III", published in the "Official Gazette of the State", in which the express mention of the Law 38/2003, of November 17, General of Grants, and of this order.

2. The granting of aid shall be made by means of the competitive competition procedure in accordance with the principles of advertising, transparency, equality and non-discrimination. 3. The grant of grants shall be supported by a scientific-technical selection and evaluation process:

(a) The selection of the candidates will be conducted in competitive competition and the processing of the hearing may be waived where they are not included in the procedure and other facts or other allegations and evidence are not taken into account (a) to be submitted by the interested parties in accordance with the provisions of Article 84.4 of Law No 30/1992 of 26 November 1992 and Article 24 (4) of Law 38/2003, General of Grants.

b) The scientific-technical evaluation will be carried out by experts from the Technical Commission of Human Resources Assessment of the "Carlos III" Health Institute established in the Order of the Ministry of Health and Consumer Affairs, 9 January 1998, for which the Scientific Council and the Technical Committees for the Evaluation of the Health Research Fund for 1998 are regulated, as well as experts from the Scientific Research Council (hereinafter CSIC) and the Salk Institute, according to the scale to be established in each call and according to the following criteria: assessment of requests:

Score

Merit:

doctoral thesis

0.5-2

Healthcare Training

0-2.5

Merit

0-5.5

Total

10

candidate:

scientific quality

0-6

Applicability of knowledge on return

0-4

Total

10

and Proposal Adequation to the Salk Institute Research Lines

0-10

Total

10

The corresponding calls may indicate the minimum score needed to consider the assessment as favourable. They may also provide that any of the above paragraphs must exceed a given score so that the assessment of the application is regarded as favourable, irrespective of the total score obtained.

4. The results of the evaluation, as well as any incidents which may have occurred during the course of the evaluation, shall be raised to the Selection Board set out in the following paragraph, which shall, as regards its operation, be adjusted as planned. in Chapter II of Title II of Law 30/1992 of 26 November 1992. 5. The Selection Board shall be chaired by the Director of the Institute of Health "Carlos III", or a person to whom he delegates, and shall be composed of a minimum of five vowels, including the President or Director of the signatory institutions. of the Convention, or persons in whom it delegates, as well as a vowel appointed by each Director of the Institutions identified among researchers of recognized prestige of the priority areas of the National Plan of R & D + I 2004-2007 in the field of Regenerative medicine and cell therapy. The Secretary of the Commission shall be an official of the "Carlos III" Health Institute, with a voice but no vote, appointed by the Director of the Institute. The President of the Technical Evaluation Commission of the Health Institute "Carlos III" will attend the meetings of the Selection Commission. He will carry out the evaluation, with a voice but without a vote. 6. The Selection Board, taking into account the scientific-technical assessment carried out, shall apply the following criteria:

(a) The funding proposal may only be made on applications that have been assessed as favourable.

(b) The proposal for financing favourable applications shall be made in accordance with the decreasing order of score obtained, and the number of such applications shall in no case exceed the available budget. (c) The proposal shall also include a list of possible substitutes, in order to decrease the score obtained in the assessment, among the applicants with a favourable assessment that have not been proposed for funding. Each call may also determine the period within which this relationship will be in force. (d) If the cut-off point determined by the budgetary availabilities recesses in an application with the same score as others, the tie shall be directed, first, in favour of the candidate with the best academic record of Bachelor's or similar. Second, the score obtained in the section "Memory of the candidate" will be addressed and, if persisted, will be resolved by drawing before the Directorate of the Health Institute "Carlos III".

This Commission will also be competent to rule on requests for extension of aid while these bases are in force. The proposal for financing may only be placed on the basis of the requests for extension, as provided for in Article 11 (1) of this order.

Article 6. Competent bodies for the management, instruction and resolution of the procedure.

1. The instruction of the procedure for granting such aid will be for the "Carlos III" Health Institute, through the General Secretariat for Evaluation and Promotion of Research and the General Secretariat, in the field of their respective powers, which shall carry out the necessary formalities, as well as any other actions deemed necessary for the purpose of determining, knowing or verifying the data under which the relevant decision is to be made by the Director of the "Carlos III" Health Institute.

For these purposes, at any time in the evaluation process, prior to the granting Resolution, the instructor body may collect as many reports or clarifications as may be necessary from both the candidates and the any other body or entity deemed appropriate. 2. Within 10 days of the final proposal for a resolution by the instructor, the Director of the Health Institute "Carlos III" shall give a decision on the granting or refusal of such aid, which shall be the assessment criteria set out in the call. 3. The motions for resolutions do not create any right in favour of the proposed candidate vis-à-vis the Administration, as long as the Resolution of the concession has not been notified. 4. The Resolution shall state the following:

(a) The candidates selected and the list of possible substitutes which, depending on the order derived from the score obtained, will replace the holders in the event that any of these will give up the scholarship obtained in the terms to be identified in the respective calls.

b) The overall amount of the grant and the breakdown of the grant in the concepts that integrate it. (c) the time limits for the submission of follow-up and final Memories. d) The express dismissal of the rest of the applications.

This resolution will be communicated to the beneficiaries under the terms of Law 30/1992 of November 26. It will also be published in the bulletin board of the Health Institute "Carlos III" and the CSIC and on the website www.isciii.es/fis.

5. The maximum period for the resolution of the procedure shall be six months from the date of entry into force of the Call Resolution. If the time limit has not been published, the parties concerned may understand their requests. The period used for the correction of deficiencies and the contribution of documents shall interrupt that period, pursuant to Article 42.5 of Law 30/1992, of 26 November, as amended by Law 4/1999 of 13 January. 6. Against the express or presumed decision, which shall end the administrative route, an appeal may be brought, as a matter of fact, within a period of one month from the day following the notification of the decision, or within three months of the from the day following that in which the application is presumed to be dismissed by administrative silence, before the same organ which has issued it, in accordance with the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November. Without prejudice to the foregoing, the decision may be brought before the Central Courts of the Administrative Court, within two months of the date of notification of the decision, to the Court of Justice of the European Union. compliance with Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction. In the case of an administrative silence, the period shall be six months from the day following that in which the application is deemed to be rejected. 7. The failure to comply with the terms of the call, as well as the concealment of data, its alteration or any other manipulation of the information, shall be the cause of the rejection of the application, without prejudice to the provisions of Articles 56 to 58 of the Law 38/2003, General of Grants.

Article 7. Amount of the grants.

1. Each grant will have an annual allocation in the following concepts and amounts: annual amount to be received by the beneficiary: EUR 34,500,00; social security and travel expenses: EUR 2,500,00 maximum amount per trip round trip and year; costs Indirect: EUR 12,950.00; consumables: EUR 9,250,00.

2. The amount of the grants and the travel expenses shall be transferred to the current account of each grantee from the "Carlos III" Health Institute and shall be paid in the period and term indicated in the respective calls, provided that the Budgetary resources will be available. This payment may be interrupted by the Director of the Health Institute "Carlos III" in the event that the beneficiaries at the Salk Institute report in a reasoned manner that their level of dedication and performance are not satisfactory. 3. Indirect costs and consumables will be paid directly from the "Carlos III" Health Institute by bank transfer to the Salk Institute's current account, once the beneficiaries have been accredited.

Article 8. Rights and obligations of the beneficiaries of the grants.

1. The beneficiaries of such aid shall have the following rights: (a) To receive the financial assistance corresponding to the form set out in the call. The enjoyment of the scholarship does not imply a contractual relationship.

b) To enjoy the other rights set out in the corresponding calls.

2. Pursuant to Article 14 of Law 38/2003, General Grants, the beneficiaries of such aid shall be obliged to:

a) Perform the activity for which the grant was granted. The successful tenderers must be incorporated into the receiving centre within the time limit set out in the decision. If the incorporation does not occur within that period, the successful tenderer shall be deemed to give up the grant, unless the Directorate of the Health Institute "Carlos III" appreciates duly accredited exceptional circumstances that prevent it, In any event, it shall require a reasoned decision on the extension of the transposition of that period.

b) To grant to the Directorate of the Health Institute "Carlos III" the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfillment of the purpose that determine the concession and enjoyment of the subsidy. (c) to carry out the activities covered by the aid granted exclusively. (d) to be submitted to the "Carlos III" Health Institute, as well as any other verification and financial control measures that correspond to the competent control bodies, by providing information to the competent control bodies; required in previous performances. e) Communicate to the "Carlos III" Health Institute the obtaining of any other aid or grant for the same purpose from any public or private, national or international administration or entity. (f) Submit, as appropriate, the Reports which for monitoring purposes are set out in the relevant calls within the time limits to be determined. (g) To carry out their activity in an uninterrupted manner at the Salk Institute, where it is necessary for any change to request prior authorisation from the Subdirectorate-General for Evaluation and Promotion of Research, which, after the corresponding evaluation, proposed to the Directorate of the Institute of Health "Carlos III", which will decide what is appropriate. (i) to record his status as a beneficiary of such aid in any publication which is a direct consequence of the activity carried out on the basis of the aid, by reference to the identification code assigned to them.

Article 9. System of incompatibilities.

1. The enjoyment of such aid is incompatible with any other type of grant or economic aid granted by the same or similar concepts without the prior authorization of the "Carlos III" Health Institute.

2. The amounts unduly paid shall be immediately reintegrated.

Article 10. Suspension of scholarships.

In the case of interruptions of the formative period by accident, illness, risk during pregnancy and maternity rest, duly accredited, the Directorate of the Institute of Health "Carlos III" will authorize the interruption In the case of maternity breaks, which may not be higher than the sixteen weeks, it will be temporary with 100% of the grant and the right to recovery. In the remaining cases mentioned, the interruption will only be recoverable when it is more than six months per year of enjoyment and the person responsible at the Salk Institute will properly motivate him.

Article 11. Measures to ensure compliance with the purpose of the aid.

1. The monitoring of the research activity shall be carried out as follows: (a) Scientific monitoring shall be carried out by means of the regular and final standardised Memories to be established in the respective calls, which shall be submitted within the time limits set out in the granting resolution, together with the documentation which, in each case, is established.

(b) Regular Memories shall be evaluated by experts from the Technical Commission on Human Resources Assessment, taking into account the degree of implementation of the planned activities and the achievement of the proposed objectives and their objectives. Conclusions will be dealt to the Selection Committee established in article 5.5, which will raise its proposal to the Directorate of the Health Institute "Carlos III". The timely submission of follow-up Memories, as well as their favourable assessment, will be essential to maintain the continuity of funding. (c) The Directorate of the Health Institute "Carlos III" shall decide on the granting or refusal of the requests for extension received, which shall be communicated to the beneficiaries in accordance with the terms laid down in Law 30/1992 of 26 November. (d) Final Memories shall be sent within three months of the end of the grant. e) For the best follow-up of the activities carried out, the Directorate of the Health Institute "Carlos III" will be able to obtain the presentation of the complementary information that it considers appropriate.

2. The Director of the Health Institute "Carlos III" may agree to the reimbursement of the aid received, apart from the cases provided for in Article 37.1 of Law 38/2003, General of Grants, when one of the following is present circumstances:

(a) The non-incorporation into the receiving centre within the prescribed period or the unjustified abandonment during the period of the grant of the grant.

b) The waiver of the aid by the beneficiary. c) The unfavorable evaluation of follow-up memories. (d) the loss of the requirements laid down in Article 3.1.

3. Where the sums received are recovered, the Director shall, in the light of the criteria laid down in Article 12, decide whether or not the amounts received shall be repaid in whole or in part, plus interest for late payment. correspond.

Article 12. Criteria for the graduation of possible breaches of the conditions imposed in connection with the award of grants.

1. The total or partial non-compliance with the conditions imposed in connection with the grant of the grants will give rise to the obligation to reintegrate the amounts collected in whole or in part, plus the corresponding legal interests, in accordance with the the following proportionality criteria: (a) The total and manifest non-compliance with scientific and technical objectives and activities shall determine the total reimbursement of the grant.

(b) The non-compliance with the partial objectives or specific activities will entail the return of the part of the subsidy to the same. (c) the non-filing, in accordance with the provisions of this order and the corresponding Call Resolutions and, where appropriate, prior to the additional requirement expressed by the Subdirectorate General for Evaluation and Promotion of the Research, the annual and final report, will entail the return of the sums received.

Article 13. Circumstances which, as a result of the alteration of the conditions under consideration for the grant of the grant, may lead to the amendment of the decision.

1. Any modification of the conditions accepted by the beneficiary for the implementation of the subsidised activity shall be notified to the 'Carlos III' Health Institute and may give rise to the modification of the terms of the concession by means of a new resolution.

2. Any change in the initial conditions for granting the aid shall require the applicant entity's reasoned request and the express authorisation of the Director of the Health Institute "Carlos III", which may obtain a number of reports. consider appropriate to resolve as appropriate.

Final disposition first. Powers of development.

The Director of the Health Institute "Carlos III" is empowered to issue the resolutions necessary for the application of this order, as well as to resolve the specific doubts that arise in relation to it.

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, 20 January 2006.

SALGADO MENDEZ