Advanced Search

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.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The constant evolution of the fishing activity, carried out in accordance with the guidelines of the common fisheries policy, makes it necessary to continue modernization in the material, technical and human resources of the Spanish fishing sector. In this sense, Spain is leading the way in the development of studies on the various areas of fisheries activity such as the application of new technologies, the situation of fishery resources or respect for the environment. The Commission has also been involved in the implementation of the It is also worth noting the extensive tradition of our country in the negotiation and subscription of trade and fisheries agreements with third countries. The Ministry of Agriculture, Fisheries and Food believes that in these analysis and study activities carried out by the fisheries sector, it is essential to have trained personnel. To this end, through this Order the bases for the grant of professional improvement in the various areas of the sea fishing are regulated. The purpose of these grants is to train beneficiaries to specialize in such matters as stock analysis, resource management, environmental issues, processing and marketing industries. fishing, the situation of fishing grounds, both in technical and legal aspects. This training will be carried out through a mentoring programme in the various units of the General Secretariat for Maritime Fisheries. In its virtue, I have:

Article 1. Object.

1. The purpose of this Order is the training of specialists in matters related to sea fishing, in order to establish the regulatory basis for the granting, under competitive competition, of training grants. technical-professional for higher graduates.

2. The grants called will be developed through a programme of tutorials carried out at the General Secretariat for Maritime Fisheries, which includes a training phase, as well as the technical, practical or legal study of the areas affecting the structures. fishing, marketing of fishery products and fishery resources. 3. Fellows will have the advice, guidance and direction of a tutor who will define the tasks to be performed 4. The enjoyment of these grants will not involve any employment or civil service between the grantee and the Ministry of Agriculture, Fisheries and Food.

Article 2. Beneficiaries.

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

2. To be in possession of the title of doctor, licentiate or engineer, issued, or in a position to obtain, until the end of the deadline for the submission of applications, by the Spanish academic institutions or approved by the Ministry of Education and Science. 3. Do not incur any of the disabling causes provided for in Article 13.2 of Law 38/2003 of 17 November, General grants. 4. No disease or physical defect that prevents the effective performance of the practices or has been separated, by disciplinary record of the service of the State or of any entity of a public nature.

Article 3. Submission of applications and deadline.

1. Applications shall be addressed to the Minister for Agriculture, Fisheries and Food and shall be submitted to the General Register of the General Secretariat for Maritime Fisheries, or to any of the places provided for in Article 38.4 of Law No 30/1992, of the Legal framework for public administrations and the common administrative procedure.

2. Those applications shall be submitted in the terms set out in the relevant call within 20 days of the date of publication of the call.

Article 4. Criteria for the assessment of applications.

1. The evaluation and selection of the applications will be carried out taking into account the documentation provided, with 30 the maximum number of points that each applicant can obtain.

2. The score for each of the applicants shall be obtained from the sum of the scores obtained in the following paragraphs:

a) Academic title and qualifications obtained, up to 5 points

(b) Areas of knowledge and additional training, up to 5 points (c) Realisation of accredited studies and knowledge in fisheries, up to 5 points (d) An accredited average level of the English, French or German language: 1 point for each of them; a high level of accredited English, French or German: two points for each of them. e) Personal interview up to 5 points. f) Ophimatic knowledge, up to 4 points.

3. In the case of draws, the result shall be determined on the basis of the score obtained by the criteria of the preceding point in the following order: (e), (c), (a), (b), (d) and (f).

Article 5. Instruction.

1. The competent authority for the procedure shall be the General Secretariat for Management and Planning of the General Secretariat for Maritime Fisheries, corresponding to the assessment of the applications to a Commission set up for this purpose, regulated in Article 5 of this Order.

2. The Deputy Director-General for Management and Planning, in the light of the report submitted by the assessment committee, shall make the provisional motion for a resolution and notify the parties concerned of the terms and conditions of the draft resolution. 3. Applicants, within 10 days of the date of notification, of the motion for a resolution, may make representations and present the documents and supporting documents which they deem relevant or, in the case of a proposal for a judgment, to state their acceptance or withdrawal. If they do not reply within that period, they shall be deemed to accept the terms and conditions of the proposal for the grant of the grant.

Article 6. Commission of Valuation.

1. For the assessment of applications, a Valuation Commission shall be set up and shall be composed of the following members, appointed by the Secretary-General for Maritime Fisheries: (a) The Deputy Director-General for Management and Planning, who shall act as president

(b) An official of the Directorate General for Fisheries Structures and Markets (c) An official of the Directorate-General for Fisheries Resources. (d) An official of the General Subdirectorate of Fisheries and (e) An official of the General Management and Planning Subdirectorate who will act as Secretary.

2. The Commission has specifically attributed the following functions:

(a) Review of the original applications and documentation submitted and verification of the data under which the resolution is to be adopted.

b) Valuation of applications according to the criteria set out in this Order and specifically in each call. (c) Elaboration within a period of not more than one month from the end of the time limit for the submission of applications, of the report on the outcome of the assessment, including a list of selected applicants and their substitutes for the case of Resignation of the holder of the scholarship obtained.

3. As not provided for in this Order, the operation of the Commission shall be in accordance with the arrangements laid down for the bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of public administrations. and the Common Administrative Procedure.

Article 7. Resolution.

1. Once the proposal for a final resolution by the Deputy Director General for Management and Planning has been approved, it will be submitted to the Secretary General for Maritime Fisheries.

2. The Secretary-General for Maritime Fisheries shall, within a maximum period of three months from the date of publication of the relevant notice, decide and notify by delegation of the Minister for Agriculture, Fisheries and Food, on the basis of The provisions of the APA/749/2003 Order of 31 March on the delegation of powers to the Ministry of Agriculture, Fisheries and Food. 3. The final decision given by the Secretary-General for Maritime Fisheries shall be notified to the beneficiaries in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations. and the Common Administrative Procedure. 4. After the period of three months without having been given and the express resolution notified, the applications shall be deemed to be dismissed by administrative silence, in accordance with the provisions of Law 38/2003 of 17 November Grants.

Article 8. The amount and duration of the grants.

1. The monthly total amount of each grant shall be EUR 900, for 12 months, with this amount being paid at the end of each month.

2. As a prerequisite to the monthly payment of the grant, certification of the correct performance of the programmed tasks will be required 3. The payment shall be made by the said quantity, to which the discounts and retentions that come in accordance with the provisions in force shall apply. 4. The duration of the grant shall be one year, which may be extended by one year at the most in the following year, provided that, according to the criterion of the Secretary-General for Maritime Fisheries, it is appropriate to deepen the work carried out by the (i) the Commission is not in a position to

Article 9. Rights of the Fellows.

1. The beneficiaries of the grants shall have the following rights: (a) the right to pay, by the General Secretariat for Maritime Fisheries, on the basis of their budgetary resources, of travel and subsistence expenses outside the place of residence and which have originated from the conduct of studies and reports requested by the General Secretariat. The quantities satisfied by the General Secretariat for Maritime Fisheries may not exceed the limits laid down in Royal Decree 462/2002 of 24 May 2002 on compensation for service reasons.

b) Right to the enjoyment of a sickness and accident insurance policy during the period of the grant.

Article 10. Obligations of the beneficiaries.

Fellows, for the sole reason of applying for such scholarships, undertake to accept the content of these bases, as well as to fulfil the following obligations: (a) Accept in writing the grant awarded, within ten days (a) to be counted from the day following the notification of the grant of the grant. If the grant is not accepted, within that period it shall be understood that the grant shall be waived, with the alternate being awarded first in the decision to grant the grant.

b) Initiate the formative activity for which the scholarship is awarded on the date that is established in the timely communication. (c) Submit to the verification and control actions that may be relevant, providing information as required for this purpose. (d) Observe due secrecy as to the matters, facts or information of which he was aware during the period of the grant. The unavailability of the documentation to which you have access, will remain once the scholarship has been completed. (e) to deliver, in the month preceding the end of the grant, a report on the knowledge acquired and the programme or training programmes in which it has participated. (f) comply with the obligations which, as a general rule, are set out in Article 14 of Law 38/2003 of 17 November, General grants.

Article 11. Incompatibilities.

The enjoyment of these scholarships will be incompatible with any other type of scholarship or economic aid granted by any other public or private administration or institution, for the same or similar concepts. The applicant by means of a responsible declaration shall not be in this circumstance.

Article 12. Default.

If the beneficiary does not perform in time and form the assigned tasks or does not fulfill any of its obligations, the loss of the right to the collection of the grant will be produced in the terms established in Law 38/2003.

Final disposition first. Applicable rules.

In all that is not provided for in this Order, it will be applicable as laid down in Law 38/2003, and in Royal Decree 2225/1993, for which the Rules of Procedure for the granting of public subsidies are approved, in the extent to which it is not in accordance with that law.

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, 5 September 2005.

ESPINOSA MANGANA