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Order Sco/1656/2004, Of 24 May, Which Approve The Regulatory Bases For Granting By The Instituto De Salud Carlos Iii, Of Various Forms Of Scholarships And Training Grants.

Original Language Title: ORDEN SCO/1656/2004, de 24 de mayo, por la que se aprueban las bases reguladoras para la concesiĆ³n por el Instituto de Salud Carlos III, de diversas modalidades de becas y ayudas formativas.

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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. Article 2 (f) of this Law establishes as one of the basic objectives of the National Plan of Scientific Research and Technological Development the promotion of health, social welfare and quality of life.

On the same line, Law 14/1986 of 25 April, General of Health, provides in Title VI, Chapter 2, that research activities must be promoted throughout the health system as a fundamental element for their progress. To this end, it is necessary to establish training programmes that guarantee, at all times, the adequacy of the staff of the system to the needs of the society in the field of health. It also determines the urgent need to coordinate research programmes and the allocation to these of public resources from any source, in order to achieve the maximum efficiency of investments.

Likewise, Law 16/2003, of 28 May, of Cohesion and Quality of the National Health System, points out as guiding principles in the field of research the following: to establish measures for scientific research and innovation contribute to a significant and sustainable improvement of preventive, diagnostic, therapeutic and rehabilitating interventions and procedures; to ensure that the research and transfer of results to the practice clinical development and is scientifically supported in a demonstrable manner; ensuring compliance and enforcement of rights, protection of the health and safety of society, patients and professionals involved in the research activity; incorporating scientific activity into the health field in the European Research Area; and, to facilitate the development of clinical and basic research initiatives throughout the entire healthcare structure of the National Health System, scientific and evidence-based medicine.

The management of these grants will be carried out in accordance with the general principles set out in Article 8.3 of Law 38/2003 of 17 November, General of Grants, that is, advertising, transparency, competition, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources.

Therefore, this Order has been developed which establishes the regulatory basis for the award of training grants, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General de Grants, and that in its processing has been informed by the Legal Service of the Department and the Delegate Intervention.

In its virtue, after the approval of the Minister of Public Administrations, I have:

First. The purpose of the grants and training grants, the concession of which is regulated in this Order, will be the incorporation of grantees to the centers and units of the Carlos III Health Institute, so that they acquire new knowledge in the sciences of the health, through training and research processes.

Second. Priorities. The promotion of biomedical research is a fundamental and essential stimulus for the progress of the National Health System. In this sense, the objectives pursued by the Carlos III Health Institute are fundamentally:

1. Research related to the activities of health service and control, which is carried out in public health centers and laboratories to protect the citizens from the risks that, for human health, can be derived from the consumption of food, interaction with the environment and the transmission of infectious agents, both emergent and re-emerging. All this in close relation to the network of epidemiological surveillance established throughout the national territory through the autonomous communities.

2. The development of a health research of excellence that allows to study new methods of diagnosis and communication, such as biochips or telemedicine, and to address future situations or problems related to occupational health, environmental or food.

All scholarships must be in line with these objectives and be framed within the following modalities:

1. Intramural Grants from the Carlos III Health Institute.

In these scholarships the following modalities are contemplated:

(a) Grants for doctors or for staff who have completed the Specialized Health Training.

b) Grants for Licensors.

c) Grants for Diplomates or Technical Engineers.

d) Grants for graduates in vocational training.

The duration of the grants is one year, renewable up to a maximum of 2 years for the scholarships of paragraphs a) c) and d), and four years for those of paragraph b).

2. Scholarships for University Students for the practice of the Carlos III Health Institute during the summer.

The purpose of this action is to provide grants for students from the last courses of university careers related to the activities of the Carlos III Health Institute to be able to join the in order to be able to come into contact with research, especially laboratory experimentation, in order to complete their training on topics related to biomedicine and public health.

The duration of these scholarships is two months.

3. Scholarships of the Program of Applied Epidemiology of the Field.

Its objective is to update, improve and train personnel in epidemiological surveillance and applied epidemiology activities, of interest to the Health System, through stays in the Program of Applied Epidemiology of Field (PEAC) at the Carlos III Health Institute in order to serve as facilitators and promoters of this knowledge in its sphere of influence. The duration of these grants is one year, which can be extended to two.

4. Support for the financing of training actions for Intramural Fellows of the Carlos III Health Institute.

The objectives of these aids are multiple. On the one hand, creating the right framework for grantees who enjoy their scholarship in the centers and units of the Carlos III Health Institute, can access training activities that will result in a higher quality of the training received.

On the other hand, to stimulate the development of publications and doctoral theses by the fellows themselves. Additionally, grants are provided for grantees located in the Carlos III Health Institute who, having enjoyed a previous scholarship, have not been able to finish the doctoral thesis for not reaching their scholarship for the period of four years considered minimum. for this purpose.

The following types of help are considered:

a) Aid for short stays in Spain and abroad.

(b) Aid for the financing of regulated third-cycle tuition fees, specialised courses and conference attendance.

c) Awards for the best doctoral thesis and for the best scientific publication prepared by Fellows of the Health Institute Carlos III.

d) Aid for the completion of doctoral theses.

Third. Requirements of the beneficiaries. -They may be beneficiaries of the scholarships provided for in this Order, those natural persons who meet the following conditions:

(a) Possession of Spanish nationality or national status of any of the other Member States of the European Union or a national of a State to which, under the International Treaties concluded by the European Union and ratified by Spain, the free movement of workers is applicable.

They may also participate, whatever their nationality, the spouse of the Spaniards and nationals of any of the other Member States of the European Union, and when provided for in the corresponding Treaty, the national of a State to which the free movement of workers is applicable under the International Treaties concluded by the European Union and ratified by Spain, provided that they are not separate from the law. Likewise, under the same conditions, their descendants and those of their spouse may participate, under the age of twenty-one or greater of that age, living at their expense.

b) For Intramural scholarships it will be a requirement to be in possession of the academic titles to be established for these scholarships. Diplomas awarded abroad must be approved at the time of applying for the grant.

For scholarship applicants for university students to practice at the Carlos III Health Institute during the summer, it will be a requirement to have all the subjects approved for the three the first years of the race (for races of five or six years) or to have, at least, approved the first course in the case of the diploma.

For applicants for the Field Epidemiology Program, it will be necessary to be in possession of the degree or equivalent of the country of origin, in one of the different disciplines related to the health sciences.

c) Not having enjoyed a peer grant of previous calls from the Carlos III Health Institute.

(d) Not to be subject to the prohibitions laid down in Article 13.2 of Law 38/2003 of 17 November, General of Grants, the justification for which may be made in accordance with the provisions of Article 13 (7) 13 of that Law.

e) Additionally, in the call for the grant, other appropriate requirements may be included for the performance of the activity.

Fourth. Form and time limit for the submission of applications.

1. The interested parties will present a standard model and the documentation required in the call, in the General Register of the Health Institute Carlos III, Calle Sinesio Delgado, 6, 28029 Madrid or in any of the forms provided for Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The time limit for the submission of applications shall not be less than 10 days from the date of publication of the resolution.

Fifth. Concession procedure.

1. The granting of aid shall be made in accordance with the principles of objectivity, competitive competition and advertising, and shall be carried out through an evaluation process.

2. The call for the aid referred to in these bases will be initiated ex officio by Resolution of the Director of the Health Institute Carlos III published in the Official Gazette of the State.

3. The applications shall be evaluated by the technical evaluation commissions of the Institute of Health Carlos III established in the Order of the Ministry of Health and Consumption of 9 January 1988 (BOE of 21) and their conclusions shall be elevated to a Jury, chaired by the holder of the General Secretariat or person to whom he delegates and shall be composed of five vowels, appointed by the Director of the Carlos III Health Institute, selected from among the Deputy Directors General and/or Directors of the Carlos Health Institute. The Secretary of the Jury will be an official of the Carlos III Health Institute.

Applications for grant extensions shall be subject to the same procedure as in the preceding paragraph.

4. In the light of the evaluation process and the report of the Jury, in which the outcome of the assessment has been completed, the Jury shall, through the instructor body, make a duly substantiated proposal for a provisional resolution, which shall notify those interested in the form set out in the call, and a period of 10 days shall be granted for the submission of claims.

It may be dispensed with the procedure when it is not included in the procedure, nor are any other facts or other arguments or evidence to be taken into account than those submitted by the interested parties, in which case the proposed resolution will be final in nature, as provided for in Article 24 (4) of the General Law on Subsidies.

5. At any time in the assessment process, prior to the final grant resolution, the instructor body may collect as many reports or clarifications as it deems necessary.

6. If necessary, the hearing procedure, the instructor, in the light of all the actions, will make the corresponding definitive proposal for a resolution to the Director of the Health Institute Carlos III.

7. The proposals for a provisional and definitive resolution do not create any right in favour of the proposed beneficiary in the face of the administration, until the granting of the concession resolution has been notified to it.

Sixth. Objective criteria for the grant of the grant. The evaluation of the applications will be carried out according to the following criteria:

a) Academic merit.

b) Scientific and technical merit.

c) Training capacity of the recipient.

d) Interest and relevance of the topic for the National Health System.

Seventh. Amount of subsidy.

1. Intramural Grants from the Carlos III Health Institute. The grants for doctors and for staff who have completed the specialised health training shall be provided with a minimum of EUR 1,350,86 per month; those with a licence shall be provided with a minimum of EUR 994,97 per month; Technical engineers with a minimum of 829.14 monthly integrated euro, and professional training grants with a minimum of 663.32 monthly integrated euro.

2. Scholarships for University Students for the practice of the Carlos III Health Institute during the summer. The grantees will receive an economic grant covering the travel expenses from their place of origin to Madrid. These amounts will be set at a minimum of 93.80 euros for students from the Universities of the Peninsula, except for the Autonomous Community of Madrid, a minimum of 125.06 euros for those from the Balearic Islands and a minimum of 156.33 euros for those of the Canary Islands. Students will receive a minimum of EUR 478.35 per month during the period of the grant.

3. Scholarships of the Program of Applied Epidemiology of the Field. The grants will be provided with a minimum monthly allowance of EUR 1,200, which will be aimed at covering the costs of living and accommodation during the course of the studies.

4. Support for the financing of Training Actions for Fellows of the Carlos III Health Institute.

a) Aid for short stays in Spain and abroad.

The amount for accommodation and maintenance will be:

In Spain a minimum of 156.33 euros per week up to a maximum of three weeks and a minimum of 500,24 euros per month or its proportional share from the fourth week.

In Europe a minimum of 250.11 euros per week up to a maximum of three weeks and a minimum of 781.62 euros per month or its proportional share from the fourth week.

In the rest of the world a minimum of 375.18 euros per week up to a maximum of three weeks and a minimum of 1188.06 euros per month or its proportional share from the fourth week.

(b) Aid for the financing of regulated third-cycle tuition fees, specialised courses, and conference attendance. The full amount corresponding to registration or registration shall be financed.

The amount for accommodation and maintenance applicable to attendance at courses and congresses will be: In Spain up to 687 euros, in Europe up to 1,004.47 euros and in the rest of the world up to 1563.23 euros.

The amount of travel aid applicable to paragraphs 4 (a) and 4 (b) (attendance at courses and congresses) shall be:

Travel in Spain: Within the peninsula a minimum of 93.80 euros. To the Balearic Islands a minimum of 125.06 euros and to the Canary Islands a minimum of 156.33 euros.

Travel abroad: Up to EUR 625.29 when the place of destination is a country of Europe and up to EUR 1250.59 when the place of destination is a country of the rest of the world.

The displacements must be carried out in public transport. Only in duly justified cases may the private vehicle be used, subject to the authorization of the Directorate of the Carlos III Health Institute, and provided that such authorization has been requested prior to the completion of the journey. The amount of the aid shall be EUR 0,17 per kilometre, without, in any event, exceeding the maximum amounts laid down in the previous paragraph.

c) Awards for the best doctoral thesis and for the best scientific publication prepared by Fellows of the Health Institute Carlos III. These prizes will be awarded with a minimum of 1836 euros and a minimum of 1224 euros respectively.

d) Aid for the completion of doctoral theses. The grant of this aid will be the same as the grant of grants for graduates, except that the grant will be for a maximum of 12 months.

In each call, the full amounts will be set for each grant modality.

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

1. The instruction of the procedure for granting these scholarships will be the responsibility of the Carlos III Health Institute, through the General Secretariat, which will carry out the necessary procedures, as well as the necessary actions to determine, know or verify the data under which the corresponding resolution by the Carlos III Health Institute is to be formulated.

2. Within 10 days of the date of the lifting of the final proposal for a resolution, the Director of the Health Institute Carlos III shall give a decision on the granting or refusal which shall be based on the assessment criteria. set out in the call.

3. The maximum period for the decision of the procedure shall be six months from the publication of the notice in the Official Gazette of the State. After that time limit, the parties concerned may understand their requests, without having been notified.

The lack of a resolution within the abovementioned time limit empowers the parties concerned to understand their requests for administrative silence, in accordance with the provisions of Article 44.1 of Law 30/1992, of 26 March 1992. November.

4. Against the express or presumed decision, an appeal may be lodged with the same body as a replacement to the same body which issued it within one month of the day following the notification of the decision, in accordance with the Articles 116 and 117 of the Law of Legal Regime of Public Administrations and the Common Administrative Procedure. 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.

Alternatively, it may be used in a legal-administrative manner, in accordance with Law No 29/1998 of 13 July, within two months of the day following the notification of the decision.

In the case of administrative silence, the period shall be six months from the day following that in which the application is deemed to be rejected.

Ninth. Deadline and form of justification. -For the Intramural scholarships of the Carlos III Health Institute and the scholarships of the Program of Applied Epidemiology of the Field, before the completion of each annuity, the scholarship will formalize the request for the extension to the Director of the Carlos III Health Institute, for which he will present a report, stating the work done and the results achieved and the objectives to be achieved during the requested extension, which will be accompanied by a report of the person responsible for the the action to which the trainee is attached. Applications for extensions shall be evaluated by the technical evaluation committees of the Institute of Health Carlos III established in the Order of the Ministry of Health and Consumer Affairs of 9 January 1988 (BOE of 21) and their conclusions shall be elevated to a Jury chaired by the holder of the General Secretariat or person to whom he delegates and shall be composed of five vowels, appointed by the Director of the Health Institute Carlos III, selected from among the Deputy Directors General and/or Directors of Centers of the Carlos Health Institute. The Secretary of the Jury will be an official of the Carlos III Health Institute.

The President of the Jury will communicate to the instructor a proposal for the resolution of the extension of the scholarships, which will elevate the Director of the Health Institute Carlos III proposal of renewal of the same.

The Director of the Health Institute Carlos III will make public the concession resolution in the bulletin boards of the Carlos III Health Institute and on the website of the Institute of Health (www.isciii.es).

In the three months following the end of the grant, the person concerned will send to the Directorate of the Health Institute Carlos III a Final Report together with the report of the person responsible for their training.

In the case of scholarships for University Students for the implementation of practices at the Carlos III Health Institute during the summer, once the grant has been completed, the beneficiaries will have to prove their implementation in the Thirty days, presenting to the Directorate of the Health Institute Carlos III a certification of the responsible of the receiving center and a brief descriptive memory of 300 words maximum, on the work done, with the approval of the tutor.

With regard to the financing of training actions for students of the Carlos III Health Institute, once the activity has been carried out, the grantee must submit, within thirty days, the supporting documents original or certified photocopy of all expenses incurred.

10th. Payment of the aid. The payment of the grants will be made monthly, applying the discounts and retentions that come according to the provisions in force.

The payment of the training actions will be made to the justification of the action taken. In the case of attendance at congresses, courses and placement, 80% of the amount may be advanced.

11th. Circumstances which, as a result of the alteration of the conditions under consideration for the grant of the grant, may lead to the modification of the grant. -Any change in the conditions accepted by the grant grant of the grant and, in any event, the concurrent obtaining of grants or aid granted by other public or private authorities or entities, will give rise on the part of the Director of the Health Institute Carlos III to the modification of the (a) the granting of the aid, and the beneficiary must, where appropriate, refund the amounts perceived.

12th. Incompatibility.-The enjoyment of the scholarships referred to in this Order shall be incompatible with any other grant or aid granted by Spanish or foreign public or private bodies, on a temporary basis with that granted.

13th. Criteria for the graduation of possible breaches of the conditions imposed by the grant of grants.-Failure to comply fully or partially with the conditions imposed in connection with the award of the grants will give rise to the the obligation to reintegrate the amounts received in all or part of the relevant legal interests, in accordance with the following proportionality criteria:

(a) The non-compliance with the objectives and activities for the purpose of the grant awarded will result in the total recovery of the grant.

(b) Failure to comply with the partial objectives or specific activities for the purpose of the grant awarded shall entail the repayment of that part of the subsidy to the same.

(c) The non-filing, in accordance with the corresponding call, of the annual and final memory, will entail the return of the amounts received.

14th. Legal Regime. -In all the provisions of this Order, the provisions of Law 38/2003 of 17 November, General of Grants and Law 30/1992, of 26 December of the Legal Regime of the Public Administrations and of the of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

15th. Faculty of Development. -The Director of the Carlos III Health Institute is empowered to dictate how many resolutions he considers necessary in the development and application of the precepts of this Order.

sixteenth. 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, 24 May 2004.

SALGADO MENDEZ