Order Apa/2820/2005 Of 5 September, Which Establishes The Regulatory Basis For The Provision Of Professional Development Scholarships For Graduates In The Area Of Fisheries.

Original Language Title: ORDEN APA/2820/2005, de 5 de septiembre, por la que se establecen las bases reguladoras para la concesión de becas de perfeccionamiento profesional para titulados superiores en el área de pesca marítima.

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The constant evolution of fishing activity, carried out in accordance with the guidelines of the common fisheries policy, makes necessary a continuous modernization in the material, technical and human means of the Spanish fishing sector.
In this sense, Spain takes the lead in the preparation of studies on the different areas that make up fishing activities such as the application of new technologies, the situation of fish stocks or the respect to the environment, both in the community and in the international framework.
Also noteworthy is the long tradition of our country in the negotiation and signing of trade agreements with third countries fishing.
The Ministry of agriculture, fisheries and food considered that in such activities of analysis and study made by the fisheries sector, it is essential to have trained staff.
To this end, through this order regulates the basis for awarding professional scholarships in different areas of the fisheries.
The purpose of these scholarships is to professionally train beneficiaries so that they specialize in issues such as analysis of stocks, management of resources, environmental issues, processing and marketing fisheries industry, location of fishing grounds, both in technical and legal aspects.
This training will take place through a tutoring program in the various units of the General Secretariat for maritime fisheries.
By virtue, I have: article 1. Object.



1 this order aims the training of specialists in matters related to marine fisheries, which settled the regulatory bases of the concession, in regime of competitive concurrence of vocational scholarships for graduates.



2. convened scholarships will be developed through a tutoring program in the General Secretariat for maritime fisheries, which includes a formative phase, as well as the technical, practical or legal study of areas that affect fisheries structures, marketing of the fishery products and fisheries resources.
3 Fellows will have the advice, guidance and direction of a tutor who will define the tasks to be 4. The enjoyment of these scholarships does not imply linking labor or civil service any between the fellow and the Ministry of agriculture, fisheries and food.



Article 2. Beneficiaries.



To qualify for the scholarship recipients must meet the following requirements: 1. have Spanish nationality or be a national of a member country of the European Union, and reside in Spain at the time of joining the fellowship.



2 be in possession of the title of doctor, Licentiate or engineer, issued, or in conditions of obtaining it, until the end of the deadline for submission of applications, by academic institutions approved by the Ministry of education and science or Spanish.
3. do not incur none of the inhabilitantes grounds provided for in article 13.2 of law 38/2003 of 17 November, General subsidies.
4. be free from disease or physical defect that prevents the effective realization of the practice or have been separated, through State or any institution of public service disciplinary record.



Article 3. Presentation of requests and term.



1. Requests shall be addressed to the Minister of agriculture, fisheries and food and will be presented in the General Register of the General Secretariat for maritime fisheries, or in any of the places referred to in article 38.4 of law 30/1992, of the legal regime of public administrations and common administrative procedure.



2 such requests shall be submitted in the terms established in the corresponding announcement in within 20 days from the publication of the same.



Article 4. Criteria for assessment of applications.



1. the assessment and selection of applications will be made taking into account the documentation provided, being 30 maximum points each applicant can get.



2 the score of each of the applicants shall be obtained from the sum of the scores in the following sections: a) academic degree and grades obtained, up to 5 points b) Areas of knowledge and training, up to 5 points c) performance of studies and knowledge attested in the fisheries field, up to 5 points d) between accredited English language level French / German: 1 point for each of them; proven high level of English, French or German language: two point for each one of them.
(e) personal interview, up to 5 points.
(f) knowledge of Office Automation, up to 4 points.



3 in case of ties, it will settle the result according to the score obtained by the criteria of the previous point in the following order: e), c), to), b), d) and f).



Article 5. Instruction.



1. the competent body for the instruction of the procedure will be the Subdirectorate-General for management and planning, the General Secretariat for maritime fisheries, corresponding the assessment of requests to a Commission constituted to this effect, regulated in article 5 of this order.



2. the Deputy Director General for management and planning, in the light of the report presented by the Committee on assessment, formulate the provisional draft resolution and notify interested parties stating the terms and conditions of the same.
3 applicants, within 10 days from the date of notification, of the motion for a resolution, may make declarations alegaciones and submit documents and receipts that they deem relevant or in the event of a positive proposal, manifest their acceptance or withdrawal. Do not answer within that period, means that you accept the terms and conditions of the award of the grant proposal.



Article 6. Committee on assessment.



1 for the evaluation of requests shall constitute a Commission of appraisal and will be composed of the following members, appointed by the Secretary-General for maritime fisheries: a) the Deputy Director-General of the management and planning, who will act as President b) an official of the Directorate General of structures and markets fish c) an official of the Directorate-General of fisheries resources.
((d) an official of the General fishing regulations and) an official of the management and planning that will act as Secretary General.



2 the Commission, has specifically assigned the following functions: to) review of requests and submitted original documentation and verification of the data resolution should be adopted under which.



(b) assessment of the applications in accordance with the criteria established in this order and specifically in each call.
(c) elaboration in a period not exceeding one month from the expiry of the deadline for submission of applications, of the report on the outcome of the assessment, which should include a list of selected applicants and its substitutes in case of resignation of the incumbent obtained Fellowship.



3. in matters not provided in this order, the functioning of the Commission shall be subject to the regime established for the organs members in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.



Article 7. Resolution.



1. Once approved the proposal for final resolution by the Assistant Director-General of planning and management, this will rise to the Secretary-General for maritime fisheries.



2. the Secretary General of maritime fisheries will resolve and be notified accordingly, within a maximum period of three months counted from the publication of the corresponding call, by delegation of the Minister of agriculture, fisheries and food, under provisions in the order APA/749/2003, of 31 March, on delegation of authority in the Ministry of agriculture Fisheries and food.
3. the final ruling by the Secretary-General for maritime fisheries, shall be notified to the beneficiaries within the terms provided for in articles 58 and 59 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
4. once the period of three months without being issued and notified express resolution, requests shall be ignored by administrative silence, in accordance with provisions in the law 38/2003 of 17 November, General subsidies.



Article 8. Amount and duration of the scholarship.



1. the full monthly amount of each scholarship will amount to 900 euros, for twelve months, paying that amount each month.



2. as a prerequisite to the monthly payment of the grant is required supporting certification of the performance of the scheduled tasks 3. The payment will be held for the quoted amount, which apply discounts and deductions which may be applicable in accordance with the provisions in force.
4. the duration of the scholarship is one year renewable for one year more than in the year following, always to the discretion of the Secretary General of maritime fishing, find it convenient to deepen the work carried out by the scholars and there is the corresponding budgetary allocation.



Article 9. Rights of holders.



1. the beneficiaries of the grants shall have the following rights:

(a) the right to the payment, by the General Secretariat for maritime fisheries, according to its budgetary availabilities, travel and subsistence expenses outside of the place of residence and that have been originated by carrying out studies and reports requested by the General Secretary said. The amounts paid by the General Secretariat for maritime fisheries shall not exceed the limits provided for in Royal Decree 462/2002, of 24 may, on compensation by reason of service.



(b) right to the enjoyment of a policy of insurance for sickness and accident during the period of the fellowship.



Article 10. Obligations of the beneficiaries.



Fellows, just apply for these scholarships undertake to accept the contents of these databases, as well as to fulfil the following obligations: to) accept in writing granted scholarship, within a period of ten working days from the day following the notification of the grant. Not to accept the scholarship within that period means that renunciation of it, giving to the alternate listed in first place in the resolution of granting.



(b) initiate training activities for which you are granted the scholarship on the date that is set to the timely communication.
(c) subjected to performances by checking and control that may be relevant, providing much information required them to effect.
(d) observe because stealth in terms of topics, facts or information that becomes aware during the period of the fellowship. The unavailability of documentation to which they had access, will remain after the scholarship.
e) delivering, in the month prior to the completion of scholarship, a report on the knowledge acquired and the program or training programmes in which it has participated.
(f) comply with the obligations which, as a general rule, set out in article 14 of law 38/2003 of 17 November, General grant.



Article 11. Incompatibilities.



The enjoyment of these scholarships will be incompatible with any other type of scholarship or helps economic granted by any other administration or institution public or private, by equal or similar concepts. The applicant responsible for declaratively justified not found in this circumstance.



Article 12. Non-compliance.



If the beneficiary does not in time and is assigned tasks or does not meet any of its obligations there will be the loss of the right to the payment of the scholarship in the terms established in Act No. 38/2003.



First final provision. Applicable regulations.



In all matters not provided in this order, shall apply as provided in Act No. 38/2003, and in Royal Decree 2225 / 1993, which approves the rules of procedure for the granting of public subsidies, as does not object to the provisions of this law.



Second final provision. Entry into force.



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



Madrid, September 5, 2005.



ESPINOSA MANGANA