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Order Aaa/1220/30 June 2014, By Which Establish The Regulatory Basis For The Provision Of Scholarships For Practical Training In The Area Of Rural Development And Forestry Policy, Graduate.

Original Language Title: Orden AAA/1220/2014, de 30 de junio, por la que se establecen las bases reguladoras para la concesión de becas de formación práctica en el área de desarrollo rural y política forestal, para titulados superiores.

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The new programming period of the common agricultural policy and the implementation of rural development policy requires new approaches to achieving the objectives of the Europe 2020 strategy, and the objectives, priorities and priorities. of the Community regulations, in particular those provided for in Regulation (EU) 1305/2013 of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD).

Rural development policies play a key role in the future of our territory, promoting the development of agricultural activities while contributing to the improvement of agricultural holdings, the environment environment, the sustainable use of natural resources, the improvement of employment and equality between men and women.

The measures under the new rural development aid regulation, Regulation (EU) 1305/2013 of 17 December, are articulated at national level in rural development programmes and in a national development programme. rural, seeking to cover all the needs of the territory, as well as to respond to those needs that can be better achieved at national or external markets.

The development of the territory requires the provision of qualified professionals capable of guiding and advising the farms towards the implementation of research, development and innovation, which will enable them to new products and with quality products to new markets.

In order to provide a new, more specific, updated training adapted to the new demands of the professionals of the territory, and in line with what is foreseen in the new policy of rural development, the new ones are established regulatory bases for the award of practical training grants in the area of rural development and forestry policy, for higher graduates.

The purpose of this order is to establish the regulatory basis for the award of training grants in rural development in the fields of expertise, which enable them to meet the requirements of the labour market. response to the market demand of professionals in the territory.

This order is issued in accordance with the provisions of Articles 9 and 17 of Law 38/2003 of 17 November, General of Grants.

The elaboration of this order has favorable reports from the State Advocate and the Delegation in the Ministry of Agriculture, Food and the Environment.

Also, the autonomous communities and representative entities of the sectors concerned have been consulted.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

The purpose of this order is to establish the regulatory basis for competitive competition and in accordance with the principles of advertising, transparency, equality and non-discrimination, practical training grants for Senior graduates of Agronomic Engineering, Forestry and Veterinary Engineering.

Scholarships will be awarded after a timely call made in accordance with Article 23 of Law 38/2003 of 17 November, General of Grants. The number of grants and the qualifications required under those provided for in the preceding paragraph shall be established in each call for the budgetary availability of the financial year concerned.

Article 2. Characteristics of the scholarships.

1. The grants to be awarded will be developed within a programme of practical and comprehensive training on Community and national policies under the second pillar of the Common Agricultural Policy, and in the field of the powers of the Directorate-General for Agriculture. Rural Development and Forestry Policy.

2. The grants will be developed at the headquarters of the Directorate-General for Rural Development and Forestry Policy.

3. The training plan shall include:

a) Participation in the elaboration and implementation of national rules on Rural Development and Forestry Policy in the implementation of the Community regulations EAFRD for the period 2014-2020. General analysis of structures, junctures and policies of rural areas.

b) Participation in management and control systems for grants that are the responsibility of the Directorate-General for Rural Development and Forestry Policy.

(c) Elaboration of reports, in general or specific, related to the sectors that fall within the remit of the Directorate-General for Rural Development and Forestry Policy, the role of European funds and specifically the operations as set out in paragraph (a).

d) Participation in the design of knowledge dissemination activities related to the issues related to the Directorate General for Rural Development and Forestry Policy.

e) Collaboration in the elaboration of economic analysis and interpretation of the implementation states in relation to the Rural Development Programs and the National Rural Network.

f) Monitoring and analysis of the regulations of the Autonomous Communities in agricultural matters, rural development and forestry policy.

g) Participation in the development, management and control systems of the measures of the National Rural Development Programme.

4. Each of the scholarships called for involves practical and comprehensive training, which involves carrying out studies and practical training.

At the end of the training programme, the Directorate-General for Rural Development and Forestry Policy of the Ministry of Agriculture, Food and the Environment will provide the interested party with a report from the mentioned teaching tutor. in Article 11.1, a certificate of evidence of the practical training acquired, for the purposes of its curriculum vitae.

5. The granting and enjoyment of the scholarships, given their formative character, will not involve any employment or civil service of any kind between the grantee and the Ministry of Agriculture, Food and the Environment and will involve the acceptance by the of the provisions of these bases and the respective convocation.

The amount to be paid to the grantees in no case shall be considered as salary or remuneration, but as economic aid for training, and shall not be entitled to compensation for the completion of the programme of practices.

6. Participation in the training programme shall in no case be of merit for access to the civil service or for the acquisition of an employment relationship with any public administration or entity linked to or dependent on it.

7. The time of participation in the training programmes shall not be regarded as prior services or effective services in public administrations, even if the activities included in such programmes are carried out in administrations, public entities or bodies, or financed by them.

Article 3. Requirements of the beneficiaries.

Scholarships may be eligible for those individuals with full capacity to act who meet the following conditions:

(a) To have Spanish nationality or to be a national of a Member State of the European Union resident in Spain and to have completed the studies within the six years preceding the day following that of the publication of the call.

b) Spanish language domain. It shall require documentary proof only in cases in which non-Spanish candidates are involved and who are residing in Spain for a period of less than two years.

c) Being in possession or in a position to obtain the degree of licentiate in Veterinary, or Senior Engineer Agronomist or Senior Engineer of Montes, or of Grades assimilated according to Royal Decree 1393/2007, of October 29, establishing the ordination of official university teaching. University degrees obtained abroad or in non-State Spanish centres must be approved or recognised by the Ministry of Education, Culture and Sport and produce full legal effects on the date of presentation of the request.

d) Minimum level English knowledge B2, accredited by certification and certificate from the Official Language School or University of Cambridge.

e) User-level management of computer programs for text processing, spreadsheet, and presentations, as well as the Internet.

f) Be less than 32 years old on the day of publication of the call.

g) Specific knowledge (completed work, courses, studies and master's degree) that are certified by a competent official authority or body, and related to the areas of knowledge of Article 1 of this order according to the following descriptors:

1. Knowledge on aid from the Common Agricultural Policy, especially from the second pillar.

2. Knowledge in spatial planning and territorial governance.

3. Agricultural and environmental holdings: Agricultural and production systems, externalities of agricultural activity, knowledge of the sustainable use of resources in general, and water resources in particular, and waste management.

4. Climate change in rural areas.

5. Agricultural, rural and energy innovation.

6. Rural indicators: economic, social and environmental.

7. Environmental Policy.

8. Forest policy and forest resources.

9. No. Population and rural environment.

10. Agricultural training (including agricultural, livestock and forestry activities).

h) Do not incur any of the causes of prohibition provided for in Article 13.2 of Law 38/2003 of 17 November.

Article 4. Duration and allocation of grants.

1. The duration of the grants shall be one calendar year, from the date of the decision granting them, and may be extended to a maximum of 24 months, provided that, at the discretion of the Directorate-General for Rural Development and Forestry policy, it is appropriate to deepen the work carried out by the grantees and there is a corresponding budgetary envelope.

2. The amount of these grants shall be subject to the legal holds in force at any time and shall be paid to the beneficiaries on a monthly basis, in the month following that in which the certificate of compliance established in the Article 11.1. The provisional amount of the grant amounts to a thousand two hundred euros a month. The specific allocation for each grant and the number of recipients shall be set out in the corresponding calls on the basis of the budgetary availabilities of the financial year concerned.

3. The recipients will be included in the General Social Security Scheme, in accordance with the provisions of Royal Decree 1493/2011 of 24 October on the terms and conditions of inclusion in the scheme. General of Social Security of persons participating in training programmes, in development of those provided for in the third provision of Law 27/2011 of 1 August, on the updating, adequacy and modernisation of the system of the Social security, from the date of its incorporation, with the obligations and rights deriving from it.

4. When to carry out the activities required by the grant, it is necessary to make displacements outside the municipal term, the grantees may receive travel bags in compensation for the expenses of displacements, stays and maintenance; the the amount of the travel bags shall be determined taking into account the criteria established by Royal Decree 462/2002 of 24 May 2002 on compensation for the service, for officials of group 2.

5. The scholarship holder will be able to enjoy a rest period of 22 working days per full year of the scholarship or the days that correspond proportionally to the time of effective enjoyment of the scholarship. The granting and enjoyment of this rest period does not imply any employment relationship between the Scholar and the Directorate General for Rural Development and Forestry Policy.

Article 5. Applications and deadline for submission.

1. The applications for the grants will be addressed to the Minister of Agriculture, Food and the Environment and may be presented in the General Register of the Ministry of Agriculture, Food and Environment (Paseo de Infanta Isabel, number 1, 28071). Madrid), or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The electronic filing of applications will also be permitted through the Department's electronic headquarters as provided for in Law 11/2007, of June 22, of electronic access of citizens to the Services Public.

2. The time limit for the submission of a request shall be that which establishes the relevant call, and shall in no case exceed two months from the date of publication of the call.

3. The application shall be formalised in the model which shall appear as an annex in the relevant call and shall be accompanied, without prejudice to any other by the relevant call, of the following documents:

(a) Certified photocopy of the national identity document, except express authorization to the Department to verify the identity, or any other equivalent document for nationals of other countries that credit their personality and residence.

b) A certified photocopy of the certification of qualifications obtained during the university career.

c) Curriculum vitae of the applicant, in a maximum of four sheets, in standard DIN A4 paper, attaching a certified photocopy of the supporting documents of the alleged merits.

4. The submission of the application for the grant shall entail the authorization of the applicant for the grant of the grant of the circumstances provided for in Articles 18 and 19 of the Regulation of Law 38/2003 of 17. November, General of Grants, approved by Royal Decree 887/2006, of July 21, through telematic certificates, in which case the applicant must not provide the corresponding certification.

However, the applicant may expressly refuse consent, and shall then provide the certification in accordance with the terms of Article 22 of that Regulation.

5. It will be the cause of the rejection of the request not to conform to the terms of the call, as well as the concealment of data, its alteration or any manipulation of the requested information.

6. The application must be signed by the applicant and shall include, in any case, a statement responsible for each applicant or beneficiary of not being able to receive any grant or grant from public or private Spanish funds, the European Union, third countries or international bodies, in accordance with the model contained in the instance.

7. The documentation submitted by the applicants who have not been selected, must be collected by the applicant or duly authorized person at the headquarters of the Directorate General for Rural Development and Forestry Policy, for a period of time. not more than two months from the date on which the award of the grants is made public. After that period, the documentation which has not been withdrawn shall be destroyed.

Article 6. Assessment criteria.

1. The evaluation and selection process will consist of two phases: a first phase of evaluation of the documentation provided and a second phase consisting of a personal interview by the Valuation Commission which refers to the Article 8, to candidates in excess of the first stage.

2. The maximum score to be obtained by the applicant shall be 100 points. The assessment and selection of applications shall be carried out taking into account the following merits:

a) First phase. Evaluation of the documentation, which will proceed from the following criteria, with a maximum score of 60 points:

1. The academic record corresponding to your specific degree (up to twenty points).

2. ° Practical knowledge demonstrated-spoken and written-English (up to ten points).

3. º Knowledge of one or more European Union languages other than English (up to five points).

4. postgraduate training: masters, doctoral courses or equivalent (more than 250 hours) and/or have completed specialization studies (more than 100 hours) related to the subjects described in Article 3 (g) (up to Ten points).

5. º Practical knowledge in the management of computer tools (databases, spreadsheet, word processor) (up to five points).

6. Practical knowledge related to the subjects described in Article 3 (g) other than their specific qualification and certified by competent authorities or institutions in the field (up to seven points).

7. Other titles, diplomas, and courses related to the subject-matter of the order and the subjects described in Article 3 (g), and certified by competent authorities or institutions in matters (up to three years points).

Those aspirants who reach at least 30 points at this stage will be moved to the personal interview phase.

b) Second phase: Personal interview. After the first phase, the instructor will communicate in the form that establishes the call, the date of the personal interview to the selected applicants. The personal interview shall be conducted in person with the Valuation Commission. It will assess communication capacity, capacity for reaction, resolutive capacity, interrelationship skills, clarity of expression and specific knowledge, as well as knowledge of English, and in the case of languages. of the European Union referred to in the curriculum. The maximum score will be 40 points.

Only those aspirants who reach a minimum of 20 points at this stage can be selected.

3. Grants shall be awarded to applicants who reach a score equal to or greater than 50 points in total, having obtained at least 30 in the first phase, and 20 in the second.

In the event that no applicant reaches the required minimum score of 50 points, the grantor may consider, if applicable, assign the scholarship to the aspirant with the highest score obtained in the total count.

4. In the event of a tie, the result shall be addressed on the basis of the highest score obtained by the applicants in paragraph 2.b).

Article 7. Instruction and resolution.

1. The authority responsible for the procedure shall be the General Subdirectorate for the Modernisation of Holdings of the Directorate-General for Rural Development and Forestry Policy, which shall carry out its own initiative as many actions as it deems necessary for the purpose of the procedure. the determination, knowledge and verification of the data.

2. If the application does not meet the requirements laid down in this standard, the person concerned shall be required to do so within the time limit of 10 days, indicating that if he does not do so, the person concerned shall be withdrawn from his or her application. a decision to be delivered in accordance with the terms laid down in Article 71 of Law No 30/1992 of 26 November 1992.

3. The assessment committee shall issue a report on the applications submitted, which shall be submitted to the instructor.

4. The instructor shall make the proposal for a provisional, duly substantiated, resolution to be notified to the persons concerned in the manner set out in the call, and a period of 10 days shall be granted for the submission of claims. If the arguments put forward by the interested parties are examined, the proposal for a final decision shall be made.

5. The final decision of the concession procedure shall be settled by the holder of the Department.

6. The decision shall be notified under the terms of Articles 58 and 59 of Law No 30/1992 of 26 November to the applicants who have been selected and the full content of the decision shall be set out in the notice board and in the Web page of the Ministry of Agriculture, Food and Environment, for a period of not less than 15 days, without prejudice to the publicity that is subsequently carried out in respect of the grants awarded, in accordance with the provisions of the article 18 of Law 38/2003, of November 17.

7. The maximum period for issuing and notifying the decision shall not exceed six months from the date of publication of the notice. After such a period has elapsed without the express judgment being given, the person concerned may be deemed to have refused the application, by administrative silence, without prejudice to the obligation to issue express judgment.

Article 8. Valuation fee.

To make the report on the applications submitted, a valuation fee will be set up, composed of the following members:

President: A Deputy Director General, or assimilated, appointed by the Director General of Rural Development and Forestry Policy.

Vocals: A Deputy Director General, or assimilated, and an official of level equal to or greater than 26, both of the Directorate General for Rural Development and Forestry Policy.

Secretary: An official of the Directorate-General for Rural Development and Forestry Policy, of a level equal to or greater than 26, with a voice but no vote.

The members of the Commission and their alternates shall be appointed by the Chairman of the Assessment Board.

The operation of that commission shall be in accordance with the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Administrative Procedure Common, and will be addressed with the personal and material resources available from the Directorate-General for Rural Development and Forestry Policy, without increasing appropriations, remuneration or other personnel costs.

The functions of this collegiate body shall be, in accordance with the provisions of Article 11.2 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, following:

a) Valuation of the merits accredited by the documentation according to the criteria set forth in this order.

b) Valuation of the outcome of the pre-selected applicants ' personal interview in the first phase.

(c) Elaboration of a report setting out the outcome of the assessment carried out in accordance with Article 7.3.

Article 9. Resources.

The resolution that will be put to the end of the administrative route, with the possibility of having recourse to the replacement of the administrative route under Article 116 of Law 30/1992, of 26 November, or to bring an action directly administrative-administrative litigation, in accordance with Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Article 10. Commitments and obligations of beneficiaries.

1. The grantee assumes the obligations laid down, in general, in Article 14 of Law 38/2003 of 17 November, and in particular those of:

(a) To be incorporated into the Directorate-General for Rural Development and Forestry Policy within the maximum period of 15 calendar days from the notification of the granting resolution.

b) Meet the basis of the call and other rules that apply as a result of the call, as well as respect the confidentiality of the information handled during the course of the grant, in the terms of the established in the legislation in force.

c) Submit certification that you do not have a disease or physical defect that prevents you from carrying out the studies and work that implies the acceptance of the grant.

d) Accept the rules and rules of internal rules of the center where you are training.

e) Meet a weekly day of 37.5 hours. Such compliance shall be accredited by the time-control system established for the purpose by the management administrative unit of the grantees.

f) To dedicate yourself fully to the fulfillment of all the tasks entrusted to you.

g) Inform the Department if it has requested or received other aid from public or private entities for the same purpose. They are also obliged to inform the administrative unit of destination of any other aid or grant for the same purpose from any national, Community or international public authorities or private entities.

h) Do not give up the scholarship until a minimum of two months from the grant of the grant. In addition, the grantee undertakes, in the event of a waiver, to communicate, at least fifteen calendar days in advance, by means of an informed request, the waiver of the grant.

2. The grantee shall perform the tasks entrusted to him by the teaching tutor designated to him, in the conditions of place and time indicated to him, and in the dependencies which, in each case, are determined.

3. In the published papers it will be stated that the results are the direct consequence of a training grant and that they have been financed by the Ministry of Agriculture, Food and Environment, which will in any case be the holder of the intellectual property.

Article 11. Period and form of justification for the work covered by the grants.

1. The receiving administrative unit of the trainees shall appoint the teaching tutor, who is responsible for the orientation and development of the training plan, who shall certify monthly that the trainee has carried out the tasks entrusted to him with in accordance with Article 11 (2) of this order.

2. Within two months of the completion of the comprehensive programme of practical training of the grant, the person concerned shall send to the Directorate-General for Rural Development and Forestry Policy a report on the work set out, together with the report of the person responsible for their training.

3. The above mentioned memory and report shall be an essential requirement for the issuance of a certificate of proof of the theoretical and practical training acquired by that Directorate-General.

Article 12. Failure to fulfil obligations.

1. If any of the causes laid down in Article 37.1 of Law 38/2003 of 17 November are produced, or if the beneficiary does not carry out the tasks assigned to it in time and forms or does not fulfil any of the obligations laid down in the Article 11, the right to the recovery of the grant shall be extinguished and shall, where appropriate, be recovered from the amounts received, in the terms and conditions laid down in Title II of Law 38/2003 of 17 November.

2. In accordance with the provisions of Article 37.2 and 17.3.n) of Law 38/2003 of 17 November, if the non-compliances are due to unjustifiable absences from the centre where they are formed, the deductions shall be made in the monthly amount. corresponding to the proportional portion corresponding to the days of absence.

3. In the event that the absence is of a duration that prevents or seriously hinders the formation that is the foundation of the scholarship, the right to recovery of the scholarship will be extinguished. This shall be deemed to be the case where the absences exceed, on an ongoing basis, the duration of one month, or on an intermittent basis the duration of 20 working days in a period of one year, discounting the period of rest provided for in Article 4.5.

Article 13. System of incompatibilities.

The perception of the scholarship is incompatible with any other scholarship or public or private aid for the same purpose.

Article 14. Resignations.

1. For the purposes of the award of the grant to the alternates, and without prejudice to the provisions of Article 11.1 (h), in the event that, following the decision of the relevant call, any of the proposed beneficiaries do not accept the grant or be made impossible for his or her financial year, on the basis of a substantiated request, the alternate shall be informed of the offer of the grant, depending on the order in which they are placed, and according to the score obtained, from the highest to the lowest.

If the first alternate will not accept the scholarship offer, you will be notified to the next, and so on until you get an acceptance. The alternates to whom the grant is offered will have ten working days to accept or reject the offer, which will be made in written or telematic form, if any.

In the event that any of the scholarships offered cannot be covered by the resignation of the holder and alternates, the grant shall be cancelled by releasing the remaining credit. In addition, in the event that a grant is allocated and subsequently waived over the period of duration established, the granting body may cancel the grant and release the remaining credit.

2. The waiver of the scholarship must be written and will result in the deprivation of the scholarship for the remaining time. If amounts unduly have been received, the recipient shall be obliged to return it within a maximum of 15 working days, in the event that the reimbursement is not made in accordance with the provisions laid down in the rules in force.

3. The beneficiary of a grant shall inform in writing of his resignation, the administrative unit designated in Article 7.1, at least 15 calendar days in advance.

Article 15. Extension of the grants.

1. The grantee may make a request for an extension two months before the end of the period of enjoyment of the grant, or of the extension provided for in Article 4 (1), and must accompany the following documentation:

a) Request for prorogation.

(b) Memory in which the work performed and the results achieved and the objectives to be achieved during the requested extension are recorded.

c) A favorable report from the Teaching Tutor to which the Scholar is attached, specifying the work done and the work done during the extension, as well as their dedication, adaptation and level of collaboration.

2. The request for an extension shall be informed by the holder of the administrative unit designated by the Directorate-General for Rural Development and Forestry Policy in Article 7.1.

3. The Minister of Agriculture, Food and the Environment will resolve the request for the extension.

4. The maximum period for issuing and notifying the decision on the application for an extension shall not exceed one month. After such a period has not been given, the person concerned may, without prejudice to the obligation to issue express judgment, understand his application for administrative silence.

This resolution puts an end to the administrative route, which may be well under appeal on a prior basis and as a replacement, in accordance with Articles 116 and 117 of Law 30/1992, of 26 November, before the Minister of Agriculture, Food and the Environment, within one month from the day following that of its notification or publication, if there is any express resolution, or three months otherwise, counted, for the applicant and others possible interested parties, from the day following that in which the alleged act takes place, or be contested directly before the judicial-administrative court order within two months.

Single additional disposition. Applicable rules.

The provisions of Law 38/2003 of 17 November, General of Grants and their Rules of Procedure, approved by Royal Decree 887/2006, of 21 July, shall apply to the provisions of this order.

Single repeal provision. Regulatory repeal.

Order AAA/134/2013 of 24 January 2013 establishing the regulatory basis for the award of practical training grants in the area of rural development and forestry policy is hereby repealed. higher.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.13. of the Constitution, which attributes to the State the competence on the basis and coordination of the general planning of economic activity.

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, June 30, 2014. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.