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Order Sco/3247/2005, Of 18 October, Which Establishes The Regulatory Bases For Granting Of Various Forms Of Assistance For The Education And Training Of Research Personnel And Special Actions Within The Program...

Original Language Title: ORDEN SCO/3247/2005, de 18 de octubre, por la que se establecen las bases reguladoras para la concesión de distintas modalidades de ayudas para la formación y perfeccionamiento del personal investigador y para acciones especiales, dentro del program...

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Law 13/1986, of 14 April, of Promotion of the 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 of Health, points out, among other functions of the health system, the promotion of research according to national policies of research and development. From the Ministry of Health and Consumption, the promotion activities have been carried out through the annual support of the "Carlos III" Health Institute through the Health Research Fund. The National Plan for Scientific Research, Development and Technological Innovation (R + D + i) for the period 2004-2007, approved by agreement of the Council of Ministers of 7 November 2003, where the sectoral action of health research is integrated, establishes a series of horizontal programs, including the National Program for the Potentiation of Human Resources, in which this Order is registered. Among the specific objectives which this National Programme envisages are to ensure, with appropriate levels of quality and transparency, the research training of young people with full-time dedication to training tasks; support the mobility processes of researchers and young people in the process of training, as a better guarantee of the dissemination and distribution of knowledge, as well as of technology transfer and promote reintegration, stabilisation and Professional integration, through the promotion of recruitment measures. Financial instruments include, inter alia, the grant, which is the subject of these regulatory bases, for individuals, research groups or public or private institutions where the training is carried out. The management of these grants shall be governed in accordance with the general principles laid down in Article 8.3 of Law 38/2003 of 17 November, General of Grants, that is, advertising, transparency, concurrency, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources. With this Order, which complies with the provisions of Article 17 of Law 38/2003, of 17 November, General of Grants, the regulatory bases of the granting of different modalities of aids for the formation and improvement of the research staff and special actions, within the Human Resources Programme and dissemination of the research of the Ministry of Health and Consumer Affairs, under the National Plan for R & D + i 2004-2007. In this regard, the legal services and the Department's Delegated Intervention have been reported in compliance with this precept. According to the above, after the approval of the Minister of Public Administrations, I have:

First. The purpose of this Order is to establish the regulatory basis for the granting of aid for the training and improvement of the training and improvement of the competitive competition, in accordance with the principles of objectivity and publicity. research staff and for the dissemination of research in the field of Health Sciences.

The aid, which will be financed from the budgets of the "Carlos III" Health Institute, will take the form of:

(a) Pre-doctoral training aids in research.

b) Post-doctoral training contracts. (c) Exchanges of study extension. (d) Pre-doctoral training aids in the management of research. (e) Special actions.

Second. Priorities. -All proposals should be in line with the objectives and criteria set out in the National Plan for R & D + i 2004-2007, in the framework of the National Biomedicine Program and the National Program for Health and Welfare Technologies.

In the field of Biomedicine will be related to cancer, cardiovascular diseases, neurological and mental diseases, infectious diseases and AIDS, genetic diseases and disease models, diseases respiratory, other chronic diseases and inflammation, cell therapy and regenerative medicine, research in epidemiology and public health, in primary care and health services. In the field of Technologies for Health and Welfare, they will be related to evaluative research and research into occupational health. Third. Modalities of aid.

1. Pre-doctoral training in research: Aid for research training, in the field of Biomedicine, aimed at graduates or pre-doctoral graduates for their membership in the beneficiary centres. The relationship of those selected with such centres will initially be as grantees and, later, in the case of the graduates, as hired, in the terms established in each call.

The main objective of this type of aid is the training of researchers, through the development of a training plan in basic biomedical research oriented, clinical or in public health and health services, in centers National of accredited research capacity, under the direction and tutelage of a research group. Part of the training plan may be developed in foreign centres, by short or long-term stays, in the terms indicated in each call. 2. Post-doctoral training contracts: Aid for recruitment by the beneficiary centres, of post-doctoral graduates in the field of biomedicine in order to improve the training of young doctors, in the terms set out in each call. Part of the subsidised activity will have to be developed in foreign centres, by short and long-term stays, in the terms outlined in each call. 3. Bags of Study Extension (BAE): Aid to improve and update the training of the staff of the National Health System in health technologies or in biomedical research, in the areas that are of interest to the System, by means of stays in national or foreign institutions, in the terms established in each call. 4. Pre-doctoral training in research management: Aid for training in the management of biomedical research, aimed at pre-doctoral graduates for their membership in the Subdirectorate-General for Evaluation and Promotion of Research Research, initially as fellows and for their subsequent recruitment in the terms set out in each call. The aim of this type of aid is to provide training in the various aspects of the management of biomedical research, including those relating to the coordination, monitoring and evaluation of aid and programmes in this field, through development. of a plan of activities to be carried out in the Health Research Fund. 5. Special Actions: Aid to contribute to the wider dissemination of scientific and technical innovations in the field of Biomedicine.

Fourth. Requirements of the beneficiaries.

1. Persons or entities in whom the causes referred to in Article 13 of Law 38/2003, of 17 November, General of Grants, are to be granted the status of beneficiaries of the grants regulated by this Order may not be obtained.

2. Other requirements to be met by the beneficiaries of the aid are as follows:

(a) Predoctoring aid for research training. -applicants and beneficiaries of this type of aid may be the public or private non-profit-making centres of R & D which have obtained research aid in the public calls and/or having research groups with the characteristics to be determined in the relevant call resolutions, which will also define the nationality and qualifications requirements to be met by the candidates to be submitted by the centres.

(b) Post-doctoral training contracts. -applicants and beneficiaries of this type of aid may be the public or private non-profit-making centres of R & D which have obtained research aid in calls public and/or having research groups with the characteristics to be determined in the relevant call resolutions, which will also define the nationality and qualifications requirements to be met by the candidates who the centres present. (c) Curriculum Extension Bags (BAE). -They may be applicants and beneficiaries of this type of aid those natural persons with capacity to work, who belong to the establishment of an institution in the field of the National Health System, in the terms that are set out in each call. (d) Pre-doctoral training aids in the management of research. -applicants and beneficiaries of this type of aid may be those natural persons who meet the nationality and qualifications requirements to be determined in each call. (e) Special Actions.-The foundations, associations, institutions and other non-profit entities of the Biomedicine field, public or private, legally constituted and with special actions, may be applicants and beneficiaries of the special actions. headquarters in the national territory.

3. In the case of centers within the scope of the National Health System that manage their research activities through private law foundations constituted under the provisions of Law 50/2002, of December 26, of Foundations, or other entities governed by public or private law, may apply for assistance through these entities, subject to the incorporation of the registered statutes and the authorization for the application to be issued by the person responsible for the institution or by authority above, if the latter does not have the competence for such authorisation.

4. The health institutions, research centres and non-profit entities which are beneficiaries of the subsidies covered by this Order are exempt from the need for accreditation of the tax and related obligations. to the Social Security referred to in the Orders of the Ministry of Economy and Finance of 28 April 1986 and 25 November 1987, all in accordance with the Resolution of 3 February 2004 of the Department of Collection of the Agency Tax.

Fifth. 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 the General Register of the Health Institute "Carlos III", Calle de Sinesio Delgado, 6, 28029 Madrid, or in any of the forms provided for in Article 38.4 of Law 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 time limit for the submission of applications and the remaining documents required shall be one month from the day following the publication of the calls in the Official Gazette of the State, except in the case of the Call for a different deadline.

Sixth. Concession procedure.

1. The calls for the granting of the aid referred to in these bases shall be initiated on their own initiative, by means of a decision of the Director of the Institute of Health "Carlos III", published in the "Official Gazette of the State", in which the express mention of the Law 38/2003 of 17 November, 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 and technical selection and evaluation process.

a) The selection of the candidates will be carried out in competitive competition; for this, only the documentation provided in the application will be considered, so it will be dispensed with the processing of the audience according to the Article 84.4 of Law 30/1992, of 26 November and in Article 24.4 of Law 38/2003, of 17 November, 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 are regulated for 1998, in accordance with the scale to be established in each call and according to the following criteria for the assessment of the requests

Research Training Predoctoring Aids (L:Lic, D:Dipl)

Postdoc Contracts perfecting

Research Management Training Predoctorals

Study Extension Bags

Merit

NA

Bachelor Note/Diplomacy

-

-

1-4

Doctorate and DEA Courses

0-1

-

0-1.5

doctoral thesis

-

0.25-1

-

Specialized Healthcare Training

0-3

0-2

merits

L0-2/0 -3D

0-7

0-4.5

Proposal

1-10

1-10

1-10

1-10

Candidate receiving group

NA

History (publications and PI)

0-7

0-8

NA

training experience

0-3

0-2

NA

The corresponding calls will indicate the minimum score needed to consider the assessment as favourable. In the case of grants and pre-doctoral contracts for research and research training, as well as in the case of post-doctoral training contracts, it may be established that one or more of the preceding paragraphs must be exceed a given score so that the assessment of the application is considered to be 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 submitted to the Selection Board established at the next point, which shall be adjusted as regards its operation, Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. 5. The Selection Commission will be chaired by the Deputy Director General for Evaluation and Development of Research and will be composed of a minimum of five vowels appointed by the Director of the Health Institute "Carlos III" for each call between Researchers, health managers or research managers of recognized prestige in the priority areas of the National Plan of R & D + i 2004-2007. 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 proposals for financing the favourable ones shall be carried out in accordance with the decreasing order of score obtained and their number may in no case exceed the available budget. (c) The proposal shall also include a list of possible alternates in order to decrease the score obtained in the assessment, among the applicants with favourable evaluation that have not been proposed for funding, in the case of (a) the pre-doctoral training aid for research and research management, as well as for the post-doctoral training contracts. Each call may also determine the period within which this relationship will be in force. (d) In the case of pre-doctoral aid for research and research training, as well as in the case of post-doctoral training contracts, if the cut-off point is determined by the available budgetary resources. In an application with the same score as others, the tie will be directed, first, in favor of the candidate with the best academic record of bachelor's degree or similar, in the case of the predoctorals and the candidate with the best score in the "Other merits", in the case of post-doctoral. Second, the score obtained in the section "Proposition of the candidate" will be addressed and, if persisted, will be resolved by drawing before the Directorate of the Institute of Health "Carlos III".

This Commission will also be competent to rule on requests for extension of aid while these bases are in force.

Seventh. 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 and 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 assessment process, prior to the award decision, the instructor body may collect as many reports or clarifications as may be necessary from both the centres and the candidates, as well as any other body or entity deemed necessary. 2. Within 10 days of the date of elevation of the proposal by the instructor, the Director of the Institute of Health "Carlos III" shall give a decision on the granting or refusal of the aid requested, which shall be reasoned the evaluation criteria set out in the respective calls. 3. The motions for resolutions do not create any right in favour of the proposed beneficiary vis-à-vis the Administration, until the granting resolution has been notified. 4. The resolution shall state the following:

(a) The entities benefiting from the aid and the selected candidates or the beneficiary natural persons, as appropriate.

(b) The overall amount of each aid and its breakdown in the different items that make up the aid where appropriate. c) The express dismissal of the rest of the applications.

Also, in the cases indicated by the respective calls, this resolution may approve the list of candidates who, depending on the order derived from the score obtained, will replace the holders in the event that any of the latter shall give up the aid obtained in the terms set out in the said calls.

This resolution will be communicated to the beneficiaries under the terms of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. It will also be published in the bulletin board of the "Carlos III" Health Institute and on the website www.isciii.es/fis 5. The maximum period for the decision of the procedure shall be six months after the date of entry into force of the decision to convene. If the time limit has not been published, the parties concerned may understand their requests. The period used for the remedy of deficiencies and the contribution of documents shall interrupt that period, within the meaning of Article 42.5 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Procedure Common Administrative Board, as amended by Law 4/1999 of 13 January. 6. Against the express or presumed decision to terminate the administrative route, a replacement appeal may be lodged within one month from the day following the notification of the decision and to the same body as the has, in accordance with the provisions of Articles 116 and 117 of Law 30/1992. In the case of administrative silence, the period shall be three months from the day following that in which the application is deemed to be rejected. Without prejudice to the foregoing, the decision may be brought before the Central Courts of the Administrative-Administrative Court, within a period of two months from the day following its notification. 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, of 17 November, General of Grants.

Eighth. The amount of aid or criteria for its determination.

1. The pre-doctoral training grants for research and research management will have an initial allocation of at least € 11,000 per year for graduates and € 15,600 per year for graduates. On the occasion of the annual extension, this allocation shall be increased by the rate of increase applied for each year to the staff of the State Administration, provided that the available budgetary resources permit.

In the case of research training grants, each call will also determine the amount of support for the subscription by the beneficiary of the policy or insurance policies for sickness and accident insurance. for each successful candidate. In the case of trainees in research this policy will be subscribed by the Institute of Health "Carlos III". 2. In the case of pre-doctoral contracts of research training, contracts of work for work or service (a) to be signed under this programme for a period of two years and may only benefit from them, those who have passed with a favourable assessment two initial years of grant. In the case of post-doctoral training contracts, the contracts shall be for a period of four years. Post-doctoral contracts will have an initial allocation of a minimum of € 36,000 year, including the employer's share of social security, which will be financed by the "Carlos III" Health Institute in its entirety. On the occasion of each annual extension, the initial allocation shall be increased by the percentage of the increase applied for each year to the staff of the State Administration. 3. The amount of the annuities granted shall be paid in advance in favour of the beneficiary entities. The payment of the first annuity shall be processed on the basis of the granting decision. The payment of the following shall be conditional on the availability of the budget, the presentation of the corresponding annual memory for the period ending and the favourable assessment of the period. In addition, each call will indicate the economic conditions, in terms of extra monthly allowance and travel, for cases of short stays or long stays in other centres. 4. In the case of the study extension bags, each call shall determine the perceptions to which the beneficiaries are entitled by the following concepts: monthly allocation and, where appropriate, travel expenses. The monthly amount will be in the form of accommodation and maintenance. 5. The aid for the special actions shall be in one payment or annuity.

Ninth. System of incompatibilities.

1. In the case of scholarships, the enjoyment of the grants is incompatible with any other grant or aid financed by public or private, Spanish or Community funds, not expressly authorized by the Subdirectorate General of Evaluation and Promotion of the Research. It is also incompatible with any remuneration for work, as well as the perception of unemployment benefit.

2. The contracts financed from these aids shall be incompatible with the validity of any other employment contract by the contract investigator. 3. Predoctoral trainees and trainees will be able to reconcile their research training with the completion of the doctorate. In addition, the contract researchers will be able to dedicate a maximum of 60 hours a year to the collaboration in teaching activities related to the research activity that they develop, upon request of the Tutor and the responsible of the agency where carry out their activities and on a proposal from the university department involved, without any responsibility for the work of the university department. The corresponding organ of the University shall accredit such collaboration for the purposes of competitions. 4. In the case of the BAE, the perception of these aids is compatible with the remuneration that, as a salary, receives from the center to which the beneficiary is assigned, in the event that the beneficiary chooses to maintain it during the enjoyment of the same. They shall be incompatible with any grant or grant financed from public funds. The compatibility of these aid with the financing of private origin will be determined on each call. 5. In all forms of aid, the amounts unduly received must be immediately reinstated to the "Carlos III" Health Institute.

10th. Suspension of scholarships.

1. In the case of research trainees, the beneficiary centre, after the "Carlos III" Health Institute, through the Directorate-General for Evaluation and Promotion of Research, will be able to grant the benefit from the grant in cases of accident, disease and risk during pregnancy, duly accredited. The interruption will only be recoverable when it is more than six months per year of program and the Tutor will report in a motivational way, with the approval of the legal officer of the center, that the recovery of the established program is not possible by other means.

In the case of maternity breaks, which may not exceed a recoverable period of four months, the economic envelope shall not be interrupted.

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

1. Deadline and form of justification. (a) Scientific monitoring shall be carried out by means of the periodic and final standardised reports to be established in the respective calls, which shall be submitted within the time limits set out in the decision to grant, together with with the documentation that in each case is established and with the signatures that are required in the forms established to the effect.

b) The periodic reports will be evaluated by experts from the Technical Commission of Human Resources Assessment who will process their findings to the Selection Commission, which will raise its proposal to the Directorate of the Institute of Health "Carlos III", through the instructor organ. The timely presentation of the follow-up reports, 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 give a decision on the granting or refusal of the extension requests received. (d) Final memories shall be submitted within a period of not more than three months after the completion of the activity. (e) For the best follow-up of the activities carried out, the "Carlos III" Health Institute may request the submission of the additional information it deems 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 of 17 November, General de Grants, where one of the following conditions is present:

(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.

3. Where the sums received are recovered, the Director shall, in the light of the criteria laid down in paragraph 12, decide whether or not to refund the sums paid in whole or in part to the interest for late payment. correspond. Twelfth. 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 more with the corresponding legal interests, 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) Failure to comply with the partial objectives or specific activities will result in the return of that part of the subsidy to them. (c) the non-filing, in accordance with the provisions of this Order and in the relevant call resolutions and, where appropriate, with the express additional requirement of the Subdirectorate General for Evaluation and Promotion of the Research, the annual and final memory and, where appropriate, the corresponding certificates of monitoring, shall entail the return of the amounts received.

13th. 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 grant by way of 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 request the reports that you consider appropriate to resolve what is appropriate.

14th. Powers of development. -The Director of the Institute of Health "Carlos III" is empowered to make the necessary resolutions for the application of this Order.

15th. Entry into force. -This provision shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 18 October 2005.

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