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Order Of 21 September 2001 That Approve The Regulatory Basis For The Provision Of Scholarships By The Consejo Superior De Investigaciones Científicas.

Original Language Title: ORDEN de 21 de septiembre de 2001 por la que se aprueban las bases reguladoras para la concesión de becas por el Consejo Superior de Investigaciones Científicas.

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Article 81 (6) of the recast text of the General Budget Law, adopted by Royal Decree-Law No 1091/1988 of 23 September 1988, provides for the responsibility of the Ministers of the Departments concerned. establish the regulatory basis for the granting of State aid and subsidies.

By Royal Decree 1945/2000 of 1 December, the Statute of the autonomous body of the Consejo Superior de Investigaciones Científicas, which came to replace the current Organization and Functioning Regulations, was approved. approved by Royal Decree 140/1993 of 29 January.

The new statutory rule includes among the activities that the Higher Council of Scientific Research will be able to carry out the development of training programs for scientific and technical personnel, taking into account the human resources training needs that the productive system and society in general demand. In this respect, this Order repeals the Order of 20 November 2000, prior to the adoption of the Staff Regulations.

It is therefore necessary to regulate in detail the various extremes and requirements that must be established in the procedure for granting the scholarships to be referred to by the Scientific Research Council. for the achievement of the stated objective, in accordance with the new rules governing the functioning and organisation of the said autonomous body which has granted the approval of its existing Staff Regulations.

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First. The purpose of this Order is to establish the regulatory basis for the granting of aid for training in the field of scientific and technical assistance under competitive competition, in accordance with the principles of objectivity and publicity. through the promotion, promotion and protection of activities related to scientific research, technological development and innovation.

The aid, which will take the form of a research grant, will be financed from the budgets of the Higher Council of Scientific Research.

Second. Beneficiaries ' requirements. -They may be beneficiaries of the grants provided for in this Order: natural persons who, having full capacity to act and not being disabled for the purpose of obtaining State aid or grants, meet the following conditions:

a) Poseer of Spanish nationality or national of a member country of the European Union, or foreign resident in Spain at the time of applying for the grant.

b) To be in possession of the title required in the corresponding call or to credit the payment of the rights for their issue, to the date of completion of the deadline for the submission of applications.

(c) Titles obtained abroad or in non-State Spanish centres must be validated or recognised at the time of submission of the application, or evidence that the approval is in processing. In the latter case, the trainee shall be obliged to notify the CSIC immediately of the decision in the proceedings.

The refusal of the requested validation will result in the initiation of the recovery procedure.

(d) Not be physically incapacitated or suffer illness that may impede the development of the training activity that constitutes the object of the grant.

e) Meeting each day in compliance with all tax obligations and social security.

Third. Calls.

1. The procedure for granting the grants shall be initiated on its own initiative by public notice, which shall be approved by the President of the Scientific Research Council and published in the "Official Gazette of the State", in which the make express mention of Royal Decree 2225/1993 of 17 December 1993 and of this Order.

2. The call must include:

(a) The specific object of the grants in question and the duration of the grants. The grants will be directed towards the training of beneficiaries in tasks of initiation to research, research or support to research, both scientific and technological, including, where appropriate, the completion of doctoral theses or specialization in R & D lines of interest to the industrial sector.

(b) The determination that the award shall be carried out under competitive competition.

(c) The specific requirements to be met by the applicants and how they can be accredited to ensure conditions of effective competition.

The relevant calls may provide for the applicant's academic record to reach a minimum of average note, specifying the scale to be applied for its calculation.

d) the time limit for the submission of applications and the body to which they are to be sent, expressly stating that such applications may be lodged in any of the places provided for in Article 38.4 of Law No 30/1992, November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

e) The documentation and reports to accompany the application form.

(f) The objective assessment criteria to be taken into account for the award of the grant in question.

(g) The composition of the Commission which will be responsible for the assessment of the required requirements and the assessment of the merits alleged by the applicants and which will be the responsibility of raising the reasoned proposal to the authority competent for the resolution of the procedure. In any case, a representation of the Vice-Presidency of Scientific and Technical Research or of the Vice-Presidency of the Organization and Institutional Relations of the CSIC will be included in the aforementioned Commission.

(h) The participation, if any, of collaborating entities, the intervention of which shall be subject to the rules laid down in Article 81 (5) of the recast text of the General Budget Law.

(i) The budgetary appropriation to which the grants shall be allocated and the amount of the financial envelope allocated to them, as well as the maximum period of financing and the possibility of renewal thereof.

(j) The period and form of justification, by the beneficiary or the contributing entity, of the fulfilment of the purpose for which the grant was awarded and the application of the funds received.

(k) The means of notification, in accordance with the provisions of Article 59 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which ensure adequate dissemination and accessibility for stakeholders.

(l) The obligation for beneficiaries to be subject to the provision of information required by the General Intervention of the State Administration and the Court of Auditors.

(m) The indication that the decision to grant the grant or the grant of the grant ends the administrative route, as well as the resources against it and the body to which it is to be brought.

n) The maximum time limit for resolving the procedure and the notification of the relevant resolution, specifying the unestimatory nature of the non-resolution in time.

Fourth. Obligations of the grantees.

1. In accordance with Article 81.4 of the recast text of the General Budget Law, the recipients of the grants shall be obliged to:

a) Carry out the activity for which the scholarship has been awarded.

(b) Credit to the Grant Agency or, where appropriate, to the contributing entity the performance of the activity, as well as the fulfilment of the requirements and conditions that determine the grant and enjoyment of the grant.

(c) The submission to the actions of verification likely to be carried out by the entity or, where appropriate, by the contributing entity, to those of financial control corresponding to the General Intervention of the State administration, in relation to the aid granted, and those provided for in the legislation of the Court of Auditors.

(d) Communicate to the granting agency or, where appropriate, the cooperating entity to obtain any other aid or grant for the same purpose from any national government or public authorities; or international.

e) Present before the end of the duration of the scholarship report on the work done and the results obtained including the conformity or approval of the corresponding tutor.

In addition, they will have to inform the CSIC immediately of obtaining any results that can be protected according to the regulations on industrial property.

2. In addition to these general obligations, the respective calls shall establish those which are specifically required of the recipients of the grants in each case.

Fifth. Conditions for the enjoyment of the scholarships.

1. For all scholarships awarded by the CSIC, the following general conditions apply:

(a) The degree of dedication required, as well as the compatibility with other aid or scholarships and with the perception of any kind of remuneration, benefit or unemployment benefit will be established in the corresponding call.

In any case, the grants shall be compatible with travel bags intended to cover travel or subsistence expenses that the grantee must carry out due to the needs of the project in which he or she develops his or her training activity, provided that it is for a limited period of time and subject to the corresponding authorisation of the CSIC.

(b) The enjoyment of the grant and, therefore, the condition of a grantee does not in any case involve the provision of services, or employment or civil service with the CSIC or with the centre of that Agency where the beneficiary carries out the training process.

The CSIC also does not assume any commitment in order to incorporate the scholarship to its staff at the end of the grant.

(c) Scientific results and possible inventions which are obtained as a result of the activity carried out by the beneficiary during the period of enjoyment of the grant, shall be the exclusive property of the Superior Council of Scientific research, without prejudice to the recognition, if any, of the corresponding authorship.

2. Each call will determine the remaining conditions to which the enjoyment of the respective scholarships will be adjusted.

Sixth. Granting and processing of hearing.

1. In accordance with Article 81.3 of the recast text of the General Budget Law, the grants referred to in this Order shall be granted, by administrative decision, by the President of the High Council of Scientific research, subject to budgetary entry for this purpose.

2. Prior to the decision to grant scholarships, the hearing shall be withdrawn to the parties concerned within 15 days for the purpose of making representations.

Seventh. Notification and publication.

1. The grant resolution shall be notified to the recipients of the grants. Alternate candidates shall also be notified of their status as such.

2. Likewise and in accordance with the provisions of Article 59.5.b) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, they will be published in the "Official State Gazette". the names of the beneficiaries and alternates selected.

Eighth. Measures to ensure compliance with the purpose of the grants.

1. The finding of non-compliance with the necessary requirements or of the obligations assumed as a result of the grant of the grant may result in the extinction of the right to its enjoyment or the modification of the grant decision, to the reimbursement of the amounts received and, where appropriate, the opening of the relevant sanctioning file, as provided for in Articles 81 and 82 of the recast text of the General Budget Law.

2. The amount received in respect of a grant and the interest for late payment from the time of payment shall be recovered, in the amount fixed by Article 36 of the recast text of the General Budget Law, if any of the circumstances provided for in Article 81 (9) of that legal text.

3. The Selection Board shall submit to the President of the CSIC the proposal for the award of a supplementary list of alternates by order of precedence for the alleged resignation of the beneficiaries or for failure to comply with the necessary conditions. for the perception of the scholarship.

Ninth. Legal regime. -For the purposes not provided for in this Order, Law 13/1986 of 14 April of the Promotion and Coordination of Scientific and Technical Research will be applied; the recast text of the General Budget Law, approved by Royal Decree Regulation No 1091/1988 of 23 September 1988; Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure; Royal Decree 2225/1993 of 17 November 1993 on the Regulation of the Procedure for the Concession of Public Grants and Royal Decree 1945/2000, of 1 December, for which the Statute of the Autonomous Body of the Higher Council of Scientific Research is approved, as well as how many other current rules apply.

10th. This provision is made in accordance with the provisions of Article 149.1.15.a of the Constitution, which confers exclusive competence on the State on the promotion and general coordination of scientific research and technique.

11th. Derogations.-As many provisions of equal or lower rank are repealed as set out in this Order and in particular the Order of 20 November 2000 laying down the basis for the award of pre-doctoral grants and post-doctoral in the CSIC.

12th. 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, 21 September 2001.

BIRULI BERTRAN