The National Drug Strategy for the period 2000-2008, approved by the Government through Royal Decree 1911/1999 of 17 December, provides for the creation of a coordinating mechanism, which will allow to achieve the highest level of homogeneity among the different public administrations competent in the field of research.

The objective of achieving coordinated action between the various sectors involved in this field, as well as the existence of technical and economic instruments that make this action possible, advise the establishment of the (a) rules on the calls for grants from 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 achieving the objectives that the National Plan for Scientific Research, Development and Innovation (R & D) marks for the period 2004-2007 in the field of biomedicine.

This Order is dictated in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants, on the proposal of the Government Delegation for the National Plan on Drugs, prior to the Advocate the State and the Delegation's Delegate Intervention and with the approval of the Minister of Public Administration.

In its virtue, I have:

First. The purpose of this Order is to lay down the rules governing the granting of financial aid for the development of research projects on drug dependence carried out by public or private entities without For profit, on the basis of competitive competition.

This aid will be governed by Law 38/2003 of 17 November, General of Grants and the provisions of this Order.

For these purposes, projects whose contents and formats are referred to previously selected topics, explicitly included in the Order of Call, will be funded. The aid shall be granted to projects which meet the best conditions, in accordance with the assessment criteria laid down in the seventh paragraph of this Order, on the basis of the available credit.

Second. Applicants.-The aid provided for in this Order may be requested by the following Spanish, public or private entities:

A) Public universities, public research organizations and health institutions that are dependent on the General Administration of the State, the Autonomous Administration or the Local Administration.

B) Private universities and private entities engaged in research that are not for profit.

Third. Projects to be funded:

1. The financial assistance provided for in this Order may be requested only to finance the lines of research to be determined in each call.

2. Projects which may be submitted may be carried out for one, two or three years. Those whose duration is estimated in two or three years shall be divided into two or three distinct phases, each corresponding to one year of implementation.

The granting 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 requirements which, for the expenditure commitments of this multiannual nature, as laid down in Article 47 of Law 47/2003, of 26 November, General Budget.

3. No principal investigator may appear as such in more than one project of those submitted to this call.

It will not be possible to present projects for those researchers who are currently running projects funded by the Government Delegation for the National Drug Plan.

4. They must indicate whether the project submitted is being subsidised by another public or private body, whether national or international.

5. Research projects will have to respect the fundamental principles of human rights set out in the Helsinki Declaration and the Council of Europe Convention and the Spanish Law on Bioethics.

Fourth. Submission of Applications. -1. The time limit for the submission of applications shall be one month from the day following that of the publication of the notice in the Official Gazette of the State.

2. Applications shall be submitted in four complete copies.

3. The documentation shall be addressed to the Government Delegation for the National Plan on Drugs, and may be presented in the Records and Offices provided for in Article 38.4 of Law 30/1992 of November 26, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

4. If any of the applications do not accompany a document of the required or any of the ends provided for in Article 70.1 of Law No 30/1992, the entity which has formulated it shall be required to, within a period of not more than ten days, the deficiencies or omissions noted, with a warning that, if it does not do so, it shall be understood as a withdrawal of its request, upon a decision which shall be given in the terms provided for in Article 42 of Law 30/1992.

Fifth. Documentation required.

A) Instance in accordance with the model that is incorporated as Annex I to this Order.

(b) Accreditation of the legal representation of the person who subscribes to the instance or sufficient power to be required on behalf of the entity. In addition, certified photocopy of the applicant's National Identity Document will be accompanied.

(C) The entities referred to in point (b) of the second subparagraph shall submit statutes of the entity and document that accredit the legal constitution of the institution.

D) A copy of the tax identification card.

E) Statement by the legal representative of the entity that the entity is aware of the compliance with its tax and social security obligations.

F) Memory of research projects developed by the center, service or department in the last three years, at a maximum of 6 folios.

G) Research project for which it requests assistance, according to Annex II.

H) Report of the Research Commission of the applicant Centre.

I) Curricula of the principal investigator and each of the participating researchers.

This documentation will apply the forecasts contained in Article 23 (3) of Law 38/2003 of 17 November, General of Grants.

Sixth. Processing and Resolution. -1. The Deputy Director-General for Information, Studies and Coordination of Prevention, Assistance and Reinsertion Programmes will be the procedure's instructor.

The General Management Subdirectorate will assume the administrative handling of the calls.

2. The assessment of the applications submitted shall be carried out by an Evaluation Committee composed of:

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

Secretary: An official of the Government Delegation for the National Plan on Drugs.

Vocals:

The Managing Director General.

A representative of the Carlos III Health Institute.

A technician from the Government Delegation for the National Drug Plan.

The Evaluation Committee will adjust, as to its operation, as provided for in Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative.

3. 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.

In particular, you will have the following attributions:

The request for how many reports are deemed necessary to resolve or be required by the rules governing the grant, as set out in the Eighth paragraph of this Order.

The assessment of the applications, carried out in accordance with the Seventh and Eighth paragraphs of this Order.

The conduct, if any, of the hearing procedure, in accordance with the provisions of article 84 of Law 30/1992.

4. The instructor will transfer to the Government Delegate for the National Plan on Drugs the proposal for the resolution of the call within three months from the completion of the deadline for the submission of applications, who will raise it to the Minister for Health and Consumer Affairs.

5. The Minister for Health and Consumer Affairs shall adopt the appropriate reasoned resolution within 15 days of the submission of the motion for a resolution.

Those applications which have not been expressly resolved and notified within this time limit shall be deemed to be rejected, without prejudice to the administration's obligation to issue an express decision in the form provided for in the Article 43.4 of Law 30/1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

This Resolution puts an end to the administrative path, without prejudice to the possibility of an interposition of the right of replacement, as provided for in Article 116 of Law 30/1992, as amended by Law 4/1999.

Alternatively, it may be used in a legal-administrative manner, in accordance with the provisions of Law 29/1.998 of 13 July, within two months from the day following the notification of the Resolution, if it is expressed, or six, from the day following that in which the application is deemed to be dismissed by administrative silence.

In addition to the notification to those interested in the address indicated in the model in Annex I of the Order, the Resolution will be published in the bulletin board of the Government Delegation for the National Plan on Drugs and a summary of the same will be published in the "Official State Gazette".

Seventh. Criteria for the assessment of projects. -1. Feasibility of projects:

a) Quality and scientific-technical and socio-sanitary relevance. It will be valued from 0 to 20 points, it is necessary to obtain at least 10 points.

b) Adequation and capacity of the research group to meet the expected activities, and the appropriate chronological planning of the activities. It will be valued from 0 to 15 points, it is necessary to obtain at least 7 points.

c) Adequation of available means and financial resources to the proposed objectives. It will be valued from 0 to 15 points, it is necessary to obtain at least 7 points.

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.

2. Applicability and interest of the project for the Autonomous Plans on Drugs. It will be valued from 0 to 20 points.

3. Compliance by the principal investigator of the objectives in previous projects with assistance from this Delegation will be valued at up to 15 points.

4. Applications submitted by centers of geographical areas that require further structural development to achieve territorial equity, provided that there are guarantees of scientific quality and the full use of resources. It will be valued from 0 to 15 points.

Eighth. Evaluation process. -1. The scientific-technical evaluation of the projects will be carried out by external evaluators, experts in the field, appointed by the Evaluation Commission. These evaluators shall issue written and reasoned opinions on the feasibility of the project, in accordance with the assessment criteria set out in point 1 of paragraph 7.

2. The Evaluation Commission will raise the projects with a scientific-technical feasibility opinion to the representatives of the Autonomous Community's Regional Drugs Plans where the applicant entity is geographically radiating, with the aim of the Commissioners of the Autonomous Plans on Drugs issue a report and raise it to this Evaluation Committee, in accordance with the assessment criteria set out in point 2 of paragraph 7. The deadline for the issuance of reports shall be ten working days.

3. The evaluation committee shall assess the criteria set out in points 2 (if no autonomy report has been issued), 3 and 4 of the seventh paragraph, and, in the light of all the action taken and taking into account the available credit for these aids, the motion for a resolution.

Ninth. Payment of the financial aid granted. -1. 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 spending forecast, which will be broken down by concepts, should be approved by the Government Delegation for the National Drug Plan. With it, the legal representative of the entity forces the same 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, proving to be current in compliance with the tax and social security obligations, regulated in Ministerial Orders of 28 April 1986 (Official Journal of the State of 30 April) and 25 November 1987 (Official Journal of the State of 5 December), respectively.

2. The payment of these grants will be made in advance and, according to the art. 34.4 of Law 38/2003, General of Grants, a guarantee scheme must be regulated, so the Government Delegation for the National Plan on Drugs establishes a guarantee of 1 per 100 on the amount of the grant awarded. This amount must be deposited, either in cash or by bank guarantee, in the General Deposit Box, or in its branches, in favour of the Ministry of Health and Consumer Affairs of the Government for the National Plan on Drugs, within 15 years. days from the communication of the grant award proposal, and shall be cancelled at the end of the programme, after the requirements for what was granted have been met.

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 develop by public and private entities '. The maximum annuity distribution will be determined on each call.

3. The amount of the aid shall be provided in favour of the institution of which the centre which develops the project is dependent.

10th. Implementation of supported activities. -1. The date of publication of the Resolution in the "Official State Gazette" will begin 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 subsidized.

3. The subsidy received may be obtained by acquiring inventoried goods, except buildings, which shall remain the property of the subsidised entity. The inventoried assets acquired under the grant will have to be attached to the centre where the subsidised programme is developed for at least three years, even if the project reaches only one or two annuities.

4. The travel costs necessary for the implementation of the programmes shall be subject, in their justification, to the provisions of Royal Decree 462/2002 of 24 May 2002, of compensation for the service, being applicable in all cases. amounts corresponding to Group 2 which are in force at any time.

5. Up to 10% of the amount of the subsidy may be spent 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.

6. 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 of the beneficiary. 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, as provided for in Article 8 of the Rules of Procedure for the granting of public subsidies.

7. The amount of the grants awarded under no circumstances may be such that, in isolation or in competition with grants or aid from other public or private entities, national or international, they exceed the cost of the activity to to develop, so that the entity is obliged to inform the Government Delegation for the National Plan on Drugs to obtain other aids at the time they are produced.

8. The scientific production in relation to the project financed will be communicated to the Government Delegation for the National Plan on Drugs and in any publication of it will be expressly stated and in a visible and preferential way that the The project has been funded by the Government Delegation for the National Drug Plan, using the following model:

Funded by:

(SEE IMAGE, PAGE 33987)

9. 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.

10. When the project includes the monographic publication of the results, the Government Delegation for the National Plan on Drugs 50 copies of the results will be made available. If the subsidy does not include the costs of publication, the Government Delegation for the National Drug Plan shall be referred to three copies of the monographic publication or the periodic publication in question, whichever is the the date on which it appears.

If the work is not to be published, three copies of the full study and the final report of the study will be submitted for inclusion in the Delegation's bibliographic funds.

11. If the results obtained or the same research process are subject to patent, this will be the property of the research entity, although the registration fees may be charged to the grant.

11th. Justification for the grant. -1. No later than two months after the end of the period of completion of the project, or of each annuity, where appropriate, the entity shall submit to the Government Delegation for the National Drug Plan the following documents:

(a) Final report of the project, or annual of the appropriate phase, subscribed by the principal investigator and with the signature of the participating researchers.

(b) Economic justification, by means of certified copies of the invoices corresponding to the expenses incurred during the period, ordered by concepts and preceded by a list of the expenses that are 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 required to be presented by any of them.

If personnel expenses are included, they will be accompanied by the declarations of the Income Tax of the Physical Persons and the Social Security that, if any, correspond.

If expenses are included for the acquisition of inventoried goods, the Secretary or Administrator of the entity shall be accompanied by a certificate stating that the asset acquired has been recorded in the entity's inventory.

(c) The copies of the publications or reports referred to in point 10 of paragraph 10, where appropriate.

(d) Copy of the patent register referred to in point 11 of paragraph 10, if applicable.

2. The quantities allocated to the various concepts of the subsidised project may be subject to deviations of up to 10 per 100, in respect of the forecast of expenditure referred to in the eighth provision, where the requirements for implementation the total amount of the subsidy is required and in full respect of the programme.

If it were necessary to exceed this percentage, to include concepts of expenditure not covered by the program or to transform or cancel the existing ones, the authorization of the Government Delegation for the National Plan on Drugs will be required. 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.

3. If the expenditure actually incurred in the total development of the programme is less than the grant awarded, the grant shall be reduced to the same amount, not the subsidy being able to exceed the expenditure incurred, and the amount shall be refunded. difference to the Public Treasury.

12th. 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 authorities or Private, national or international, which must necessarily communicate as regulated by Art. 14 (d) of Law 38/2003, General of Grants may give rise to the modification or revocation of the grant resolution.

The beneficiary entity will be subject to the regime of infringements and penalties provided for in Title IV of Law 38/2003 of 17 November, General of Grants, failure to comply with the justification provided for in the provision prior to the initiation of the refund procedure with the requirement of interest for late payment, as provided for in the current regulations.

13th. Calls for such aid shall be used for the purposes of the research lines to be financed and the appropriations available for each of the annuities in which the projects may be carried out.

14th. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 5 October 2004.

SALGADO MENDEZ

ATTACHMENTS:

(SEE IMAGES, PAGE 33988 TO 33989)