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Royal Decree 1945 / 2000 Of 1 December, Which Approves The Statute Of The Autonomous Agency Consejo Superior De Investigaciones Científicas.

Original Language Title: Real Decreto 1945/2000, de 1 de diciembre, por el que se aprueba el Estatuto del Organismo autónomo Consejo Superior de Investigaciones Científicas.

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Article 61 of Law 50/1998, of 30 December, of Tax, Administrative and Social Order, in the adaptation of the public research bodies to Law 6/1997 of 14 April of the Organization and Functioning of the State Administration, it configures these and therefore the Higher Council of Scientific Research as an autonomous body of those regulated in article 43.1.a) of the cited legal text, although endowed with the Characteristics required by the nature of scientific and development research activities technology.

In this article, it is also established that the Government will approve the Statute of the Higher Council for Scientific Research (CSIC). In this sense it is obvious that the CSIC, by its historical tradition and its current reality, must be configured as a scientific-technological institution of a multidisciplinary nature, with implementation throughout the territory of the State and permanently open to other Spanish and foreign institutions for all that contributes to scientific and technological progress, in accordance with the general requirements of the scientific policy and the agency's own mission.

This mission is no other than the development of scientific and technical research in the framework and service of the scientific and technological policy of the country, in order to promote economic and social development in the most sense. wide.

To do this, the Statute contains a regulation of the CSIC in which its characteristics and peculiarities are taken into account in relation to a functional structure that does not only meet the organizational and The Commission has also been able to draw up a report by the European Commission on the implementation of the European Community's research and development policy, which is based on the application of the law in force, but also on the need to respond to the scientific and technological quality of its research, efficiency of its activities.

In view of these circumstances, this Royal Decree gives the CSIC an organizational model focused primarily on promoting and protecting the creative capacity and initiative of both scientists and the personnel who develop the research projects and programs.

The Statute defines the legal nature of the body and its attachment to the Ministry of Science and Technology through the General Secretariat of Scientific Policy, detailing not only the purposes of the agency, but also the tasks to be carried out, as well as the activities which it may carry out in the performance of those tasks.

In the organizational aspect, the Statute has taken into account the experience gained to the present and the characteristics of a body subject to the rules of operation of the General Administration of the State. Therefore, while maintaining the basic operating schemes of the institution listed in Royal Decree 140/1993 of 29 January 1993, only the technical details and adaptations required by the legislation in question have been incorporated into the Treaty. effect. In this sense, the regulation of the functions of the single-person bodies and of the collegiate bodies, both at the central level and in the structure of institutions and institutes, has been carried out in such a way that they are perfectly defined (i) the rules governing the application of the rules of procedure for the application of the rules of procedure for the application of the rules of procedure of the Member States of the European Parliament and of the Council of the European Parliament; This organizational scheme also includes the effective participation of the different staff members, through their representatives in the collegiate bodies, in the organization, orientation and functioning of the body.

As it is up to the most advanced institutions, the planning and direction of scientific aspects is supported by expert advice, for which designation, systems are used in which the adequate representation of the scientific experience and initiatives of the staff.

When the research activity is regulated, the procedure for the creation, modification and suppression of research units, adapted to the applicable legislation, is established, and the framework of the institutional relations which ensure the cooperation of the CSIC with other research bodies and especially with the Universities and Autonomous Communities, which reinforces the role of the body in the public R & D system of the country.

Regulating the financial economic regime establishes the diversity of sources from which its economic resources can come, with the establishment of adequate financial control principles and compatible with the flexibility of the the management procedure demanded by the research activity.

Finally, the Staff Regulations reflect the peculiarities of human resources, on the basis of a demanding selection to ensure their competence and preparation, as well as of mechanisms for assessing the quality of work support not only stability but also professional progress. The specific features of the Staff Regulations are an important point of reference for the future regulation of the staff of the Scientific Research Council to be pursued, in the framework of the (a) the development of a comprehensive human resource model which will strengthen the existing motivation mechanisms for the staff of the body in line with an assessment of the work carried out, in which the quality, responsibility and developed performance. In this sense, the Royal Decree has been informed by the Superior Commission of Personnel.

A model of structuring and functioning, based on experience and adapted to the current reality of a public body that has to carry out a demanding task and respond to society, is regulated.

In its virtue, at the initiative of the Minister of Science and Technology, on a joint proposal of the Ministers of Finance and Public Administrations, with a report from the Superior Commission of Personnel, according to the State Council and after deliberation by the Council of Ministers at its meeting on 1 December 2000,

D I S P O N G O:

Single item. Approval.

The Statute of the Higher Council for Scientific Research (CSIC) is approved, the text of which is inserted below.

Additional disposition first. Suppression of the Management of the Scientific Research Council.

The Management of the Higher Council of Scientific Research is suppressed.

Additional provision second. Staff Regulations.

In accordance with the provisions of Law 13/1986, of 14 April, of the Promotion and General Coordination of Scientific and Technical Research, and Article 61 of Law 50/1998, of Tax, Administrative and Order Measures The Government will approve the Staff Regulations of the Higher Council of Scientific Research, within the framework of the regulations of legal status that will be established in the field of the public service of the research staff. This Regulation shall cover the peculiarities of the remuneration system and the staff arrangements contained in the Staff Regulations, as well as those other than those specified in relation to staff of the Scientific Research Council. in the field of access, employment, career, promotion, the mobility of staff and the allocation of salary supplements in the light of the assessment of the work carried out, provided that they are compatible with what is determines in the aforementioned legislation of legal status.

Additional provision third. Relations of employment.

The development of variations that may occur in the organic structure of the units mentioned in Chapter II of the Staff Regulations will be reflected, in accordance with the current regulations, in the relationship between the body.

Additional provision fourth. Public expenditure.

Changes and adaptations to the organic structures provided for in the Staff Regulations may in no case be an increase in public expenditure.

Additional provision fifth. Specific remuneration scheme.

The scientific research staff of the CSIC which is destined for the Astrophysical Institute of the Canary Islands will be entitled to the specific remuneration scheme provided for in Article 53 of the Staff Regulations, provided that it continues to carry out research activities.

First transient disposition. Collegiate bodies.

Collegiate governing bodies and advisory bodies established and regulated by Royal Decree 140/1993 of 29 January, approving the Rules of Procedure and the Functioning of the Higher Research Council Scientific and development provisions shall continue in the performance of their duties until such time as those corresponding to the Staff Regulations are constituted. In any event, the elected members of such collegiate bodies whose composition and characteristics have not undergone any variation in the Staff Regulations shall remain on the same until the expiry of the period for which they have been elected.

Second transient disposition. Perception of remuneration.

Officials and other staff who are affected by the organic changes laid down in the Staff Regulations shall continue to receive all their remuneration from the appropriations in respect of which they were (a) to be charged until the implementing provisions and the budgetary adjustments which, where appropriate, are necessary are adopted.

Single repeal provision. Regulatory repeal.

All provisions of the same or lower rank which are contrary to the provisions of this Royal Decree and in particular Royal Decree 140/1993 of 29 January 1993, for which the Regulation is adopted, are hereby repealed. Organization and Operation of the Scientific Research Council.

Final disposition first. Standards of development.

Without prejudice to the additional provision of this Royal Decree, the holder of the Ministry of Science and Technology will dictate the rules necessary for the development and application of the provisions of this Law. Royal Decree, without prejudice to the powers that correspond to other ministerial departments.

Final disposition second. Budgetary changes.

The Ministry of Finance will make, as appropriate, the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on December 1, 2000.

JOHN CARLOS R.

First Deputy Prime Minister and Minister of the Presidency, MARIANO RAJOY BREY

STATUTE OF THE AUTONOMOUS BODY OF HIGHER SCIENTIFIC RESEARCH COUNCIL

CHAPTER I

General principles

Article 1. Legal nature and membership.

1. The Higher Council of Scientific Research is a public body of investigation with the character of an autonomous body, in accordance with the provisions of article 43.1.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, attached to the Ministry of Science and Technology through the General Secretariat of Scientific Policy, under whose direction the tasks of scientific research and coordination of such a character will be executed derive from the guidelines laid down by the Government in the field of scientific and development policy in the field of its competences.

2. The Ministry of Science and Technology is responsible for the strategic direction, evaluation and control of the results of the activity of the Scientific Research Council through the General Secretariat of Scientific Policy, without prejudice to the powers conferred on the General Intervention of the Administration

of the State in terms of the evaluation and control of the results of public bodies in the state public sector.

3. The autonomous body of the Consejo Superior de Investigaciones Científicas (Consejo Superior de Investigaciones Científicas) has its own distinct public legal personality, its own assets and its own treasury, as well as autonomy of management and full legal capacity, and within its powers, they correspond to the precise administrative powers for the fulfilment of their purposes, in the terms established in this Statute, except for the expropriatory power.

Article 2. Legal framework.

The Higher Council of Scientific Research is governed by the provisions contained in Law 13/1986, of 14 April, of the Promotion and General Coordination of Scientific and Technical Research; by Law 6/1997, of 14 April, Organization and Functioning of the General Administration of the State; by Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; by the recast of the Law General Budget, adopted by Royal Decree No 1091/1988 of 23 September 1988, by the Real Legislative Decree 2/2000 of 16 June, approving the recast of the Law on Public Administration Contracts; by the text of the Law on State Heritage, adopted by Decree 1022/1964 of 15 April Article 61 of Law 50/1998 of 30 December 1998 on tax, administrative and social security measures; this Statute and, in general, the rules implementing the abovementioned provisions and those resulting from the application.

Article 3. Mission of the body.

The Higher Council of Scientific Research, Public Body of Multisectoral and multidisciplinary Research, of State ownership and with implementation throughout the territory of the State, has as its primary purpose to promote and carry out scientific and technical research within the framework and in the service of the scientific and technological policy of the country, in order to promote and contribute to its economic, social and cultural development.

Article 4. Functions of the Scientific Research Council.

1. The following are the functions of the Scientific Research Council:

(a) Develop and implement scientific and technical research and technological innovation projects, which promote the advancement of knowledge and research into innovative applications in accordance with the guidelines and objectives In the field of scientific policy, especially in the National Plan for Scientific Research, Development and Technological Innovation, in the field of its competences.

In the same sense, design and execute five-year performance programs that involve the carrying out of scientific, technical and technological innovation research activities that are integrated within the lines for priority research of the Scientific Research Council leading to the implementation of the Action Plan of the body referred to in Article 8 of this Statute.

Also participate in the research programmes of the Autonomous Communities and the European Union in terms that can be established through appropriate agreements and contracts.

These tasks will also be carried out in collaboration with other scientific and technological bodies such as universities, other research organisations, technology centres and companies.

b) Contribute to the harmonious development of the integrated system of science, technology and innovation, both in the territorial and thematic aspects.

c) Contribute to the definition of scientific policies and to the analysis, selection, implementation, evaluation and monitoring of scientific-technological priorities of the future, and to advise the agencies of the State Administration and the Autonomous Communities that request it in the field of scientific research and technological innovation.

d) Contribute to the training of the research and support staff of the institution, in order to adapt its capabilities to the requirements of the advancement of science and technology, assuring the scientific and technological quality of the research.

e) Managing and promoting national, international and sectoral research programmes, on behalf of the National Plan for Scientific Research, Technological Development and Innovation, or those resulting from agreements with Autonomous Communities or the European Union, managing, maintaining and developing facilities and funds for the scientific and technical activity entrusted to it.

f) Promoting the introduction of new technologies, with companies and agents in the productive sector involved in the development of initiatives related to R & D and Innovation, contributing to economic and social development, without prejudice to the powers conferred on other bodies of the General Administration of the State.

g) Collaborate with the Administrations, social agents and the productive sector in all the tasks necessary for the resolution of the problems of society that require a scientific or technological response.

(h) Those entrusted to it by the Government of the Nation and any other aimed at enhancing scientific and technical research.

2. In order to comply with the functions listed in the previous paragraph, the Scientific Research Council may formalize legal business with public and private entities or with natural persons who are required to obtain the revenue to be used to finance the activities which are required even by means of the creation or participation, subject to the authorization of the Government, in the capital of commercial companies whose object is the conduct of research activities scientific or technological development or the provision of related technical services for the purposes of the same.

The official staff of the Higher Scientific Research Council who will serve in the aforementioned entities will remain in the administrative situation of voluntary leave provided for in Article 29.3 (a) of the Law. 30/1984, of 2 August, of Measures for the Reform of the Civil Service, if it does not correspond to them to remain in another situation.

Article 5. Activities to be carried out by the Scientific Research Council.

For the performance of the functions listed in the previous article, the Scientific Research Board may carry out the following activities:

(a) To promote the creation, maintenance, management and, where appropriate, to carry out the suppression, of their own research and development units, providing them with the personnel and means necessary for the fulfilment of their aims, addressing the demands of the

development of quality research, without prejudice to the competences of other ministerial departments and agencies, and within the budgetary limits.

b) Participate in the creation and maintenance of research and development units of a mixed character, by agreement, with universities or other institutions, giving the General Council of Science and Technology in the cases prescribed by the rules in force.

c) To grant, by agreement, the character of associates to university research and development units or belonging to other public or private institutions.

(d) to develop within the framework of the legal system of staff at the service of public administrations, the policy on the body's own staff and in charge of carrying out research and other functions of support as well as evaluate the activity carried out by the staff of the body, its institutes and centres.

e) Develop training programs for scientific and technical personnel based on the training capacities that the research activity allows and taking into account the needs of human resources training in demand the production system and society in general, and all this in the relevant legislative framework. In particular, the Higher Council of Scientific Research will be able to collaborate in these tasks with higher education institutions.

f) Facilitating the exchange of personal personnel among the various research and development units of the body as well as other scientific and technological institutions and companies, both national and other countries in the terms that the Law establishes.

g) To support scientific and technological facilities and laboratories of large instruments which, due to their complexity, must be of state or supra-institutional use.

h) Establishing agreements with public and private bodies, both national and international, for the implementation of research projects and other activities of a scientific, technical or technological innovation, giving Article 15 of Law 13/1986 of 14 April, of the Promotion and General Coordination of Scientific and Technical Research, has been established by the Inter-Ministerial Commission on Science and Technology.

i) Establish mechanisms for the transfer of the results of their activity to the productive sector or any other social sector benefiting from scientific technical progress, even supporting the development of innovative initiatives linked to the body. To this end, it will collaborate with the Inter-Ministerial Commission of Science and Technology, as well as with other agencies of the State Administration and the Autonomous Communities. It will also be able to conclude contracts with companies interested in the acquisition of the results generated by their research groups, strengthening the creation of competent units for the management of the transfer and valuation of the technology.

j) Propose the creation or participation, in accordance with the provisions of the legal system, in commercial entities or other entities for the performance of the functions of the agency.

(k) Develop specialised training programmes to encourage the approach of the scientific research technology society and encourage the improvement of employment and professional promotion.

l) Any other that collaborates to the fulfillment of the purposes and functions of the organism.

CHAPTER II

Organization and operation of the Scientific Research Superior Council

SECTION1.to ORGANOSDEGALMENT, DIRECTIVESANDADVICE FROM THE HIGHER COUNCIL OF SCIENTIFIC RESEARCH

Article 6. Governing bodies.

1. The governing bodies of the Higher Council of Scientific Research are as follows:

1.o Collegiate Organs:

a) The Rector Board.

b) The Governing Board.

2.o Single-Personal Organ:

a) The President.

b) The Vice-Presidents.

c) The Secretary-General.

2. The Governing Board and the Governing Board and its supporting bodies shall be governed by the provisions of this Statute and the rules of operation which, if necessary, approve, in accordance with the provisions of Chapter II of the Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and Chapter IV, Title II, of Law 6/1997, of 14 April, of the Organization and the Functioning of the Administration General of the State.

Article 7. Composition of the Governing Council.

1. The Governing Council shall consist of the President, who shall be the Secretary of State for Scientific and Technological Policy, by the Vice-President, who shall be the President of the Scientific Research Council, and by the members of the Board.

2. They will be the Vowels of the Governing

:

(a) Two representatives of ministerial departments or bodies dependent on the General Administration of the State with powers in the field of scientific and technical research, appointed by the holder of the Ministry of Science and Technology, on a proposal from the Inter-Ministerial Committee on Science and Technology. His term of office will be four years.

(b) Seven representatives of the Ministry of Science and Technology, four of whom will have to belong to the public research bodies and one to the General Secretariat for Scientific Policy, appointed by the Minister of Science and Technology. Department. His term of office will be four years.

c) A representative of the Ministry of Education, Culture and Sport, appointed by the head of the Ministry of Science and Technology, on a proposal from the head of that Department. His term of office will be four years.

d) A representative of each of the Trade Union Organizations who, in accordance with the provisions of Article 7.2 of the Organic Law 11/1985, of 2 August, of Freedom of Association are in the field of the Superior Council of Scientific research the status of most representative, up to a maximum of three, appointed by the head of the Ministry of Science and Technology, on a proposal from them. They shall be renewed at the request of the organisations concerned and, in any event, immediately after the elections.

(e) The same number referred to in the preceding paragraph, of representatives of the business associations which have in the State field the representativeness provided for in the additional sixth provision of the Staff Regulations of the Tras Bajadores, appointed by the holder of the Ministry of Science and Technology, on a proposal from the entities concerned. They shall be renewed at their request.

(f) The Vice-Presidents of the Scientific Research Council and the Secretary-General of this body, who will act as Secretary.

g) The Director-General of the National Aerospace Technical Institute (INTA).

h) The Director-General of the Center for Studies and Experimentation of Public Works (CEDEX).

i) The Director of the Health Institute Carlos III.

j) The Director of the Hydrodynamic Experiences Channel of El Pardo.

(k) Eight scientists appointed by the Chairman of the Scientific Research Council, on a proposal from the Scientific Advisory Committee referred to in Article 13 of this Statute.

Article 8. Functions of the Rector Board.

The following are the functions of the Rector Board:

(a) Establish the general lines of action of the body, in accordance with the guidelines of national scientific and technological policy, and the allocation of the resources available to achieve the scientific objectives marked.

b) Approve every five years at least, or when a National Plan for Scientific Research, Development and Technological Innovation is initiated and in accordance with the guidelines established by the Agency, the Agency's Action Plan, This is the case for a sectoral programme of the same, which will have to be submitted to the Interministerial Committee on Science and Technology, in accordance with Article 6 of Law 13/1986 of 14 April.

c) Approve the organization in scientific and technical areas of the Higher Council of Scientific Research, adapting it in each case to the Action Plan mentioned in the previous paragraph.

d) Approve the preliminary draft budget of the body and report annually the basic lines of its elaboration.

e) Report the annual memory of the Agency.

f) To know about the decisions of creation, modification and suppression of research and development units that are adopted in the Higher Council of Scientific Research or that are the result of cooperation agreements.

g) Dictate the rules of operation of the Governing Council itself as not provided for in this Statute, with respect to Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative and Law 6/1997 of 14 April, Organization and Functioning of the General Administration of the State.

(h) Any other than expressly attributed to it by the holder of the Ministry of Science and Technology or the Secretary-General of Scientific Policy.

Article 9. System of operation of the Governing Council.

1. The Governing Council shall meet, upon convening of its President and at the initiative of the President or of the fourth part of the Vocals, at least once a year in ordinary session.

The President may agree to hold extraordinary meetings as often as is necessary for the development of the functions that the Governing Council has entrusted, on its own initiative or at the request of at least the the fourth part of the Vocals.

2. The President may, at the request of the Governing Council or on his own initiative, convene the meetings of the Rector Council, with a voice but without a vote, to those persons who, because of their experience in the matter or their institutional position in the body, may provide relevant information on topics on the agenda.

3. The status of a member of the Governing Board shall be incompatible with the performance of the position of Director or Deputy Director of Centre or Institute.

Article 10. Composition of the Governing Board.

1. The Governing Board will be formed by the President, who will be the Superior Council of Scientific Research, and by the vowels.

2. The following are members of the Governing Board:

(a) The Vice-Presidents and the Secretary-General, who will act as Secretary.

b) Five representatives of staff at the service of the Higher Council of Scientific Research, who must be chosen respectively by and among those belonging to the scales of scientific research staff, personnel Senior and technical staff, assistant staff, administration staff and staff.

The duration of your term of office will be four years. The procedure for the election of these vowels will be regulated by Order.

(c) Five scientists of recognised capacity and experience belonging to the Research Scientific Staff Escalations of the body, appointed by the President on a proposal from the Advisory Scientific Committee to which the Article 13 of this Statute.

3. The meetings of the Governing Board will also be attended by one of the vocal representatives of the Ministry of Science and Technology in the Rector Council, appointed by the Secretary of State for Science and Technology Policy.

Article 11. Functions of the Governing Board.

The Governing Board is the collegiate body that exercises the direction of the body, promoting and orienting its activities. Without prejudice to the powers conferred on the governing bodies of the body by the legislation in force, the following tasks are assigned:

1. Develop the guidelines issued by the Governing Council on planning and draw up proposals to be submitted to it for approval.

2. To approve proposals for the creation, modification or deletion of own research and development units and their attachment, where appropriate, to the corresponding scientific and technical areas for better adaptation to the programmatic needs of the body, in accordance with the procedure laid down in Article 26 of this Statute.

3. To authorize the initiation of the procedure for the conclusion of the agreements of collaboration with other bodies, public or private, national or international, for the creation or adaptation of research and development units.

4. To inform the appointments and ceases of the positions of the Board of Directors of the Higher Council of Scientific Research as foreseen in each case by the present Statute and the norms that develop it.

5. Approve the proposals that are formulated in relation to the distribution of personnel and economic resources between the different research and development units.

6. Approve the basic lines of the preparation of the preliminary draft budget, following a report by the Rector Council.

7. Approve the body's annual report, with a prior report from the Governing Council.

8. To authorise the legal business relating to the assets of the body, provided that they are of competence of the body.

9. Establish guidelines and procedures to evaluate the activity of the personnel of the agency, ensuring the development of scientific and technological quality.

10. To dictate the rules of operation of the Governing Board itself as not provided for in this Statute, and with respect to the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

11. Agree on the proposals which, if necessary, will be raised to the holder of the Ministry of Science and Technology for approval by the Council of Ministers, in accordance with the procedure laid down by the relevant legislation, for the the creation or participation in the capital of all classes of entities which adopt the form of a commercial company and whose social object is linked to the aims and objectives of the body.

12. Any other function that is regulated, and which collaborates with the fulfillment of the ends and functions of the organism.

Article 12. The working arrangements of the Governing Board.

1. The Governing Board shall meet, upon a call by its President and on its own initiative or at least five of its members, once a month in ordinary session.

The President may agree to hold extraordinary meetings as many times as necessary for the development of the functions that the Governing Board has entrusted, on its own initiative or at the request of five of its members. members.

2. The order of the day of meetings of the Governing Board shall be set by the President, taking into account, where appropriate, the requests made to him by at least five of its members at least ten days in advance.

3. The President may, at the request of the Governing Board or on his own initiative, convene the meetings of the Governing Board, with a voice but without a vote, to those persons who, because of their experience in the matter or their institutional position in the body, can provide relevant information on topics on the agenda.

Article 13. Organs of support to the Governing Board.

1. The Governing Board will have the support of a Standing Scientific Advisory Committee made up of scientists and expert technologists. This Committee shall inform and advise the Governing Board on the development and characteristics of scientific and technical research at national and international level, and on its possible impact on the functioning of the Higher Council. of Scientific Research.

It will also formulate proposals and report on the measures to be taken to ensure that these aspects are taken into account in the planning and management of the activities.

For such purposes, the Scientific Advisory Committee shall inform the following matters preceptively:

(a) The Action Plan of the body provided for in Article 8 of this Statute.

b) The guidelines of scientific policy and scientific aspects of the policy of institutional, budgetary and personnel relations to be followed by the body.

c) The creation, modification, management, deletion and evaluation of the areas, institutes, centers and departments.

d) Other items submitted to them by the Governing Board.

It is also up to this Committee to raise the Presidency's proposals for candidates to appoint those who are to be part of the Governing Board and the Governing Board, as provided for in Articles 7.2.k) and 10.2.c). It shall also report on the appointment of the members of the Area Commissions provided for in Article 24.

For the performance of its functions, the Committee may collect as much information as it deems necessary from the governing bodies of the body.

2. The Scientific Advisory Committee shall be chaired by the Chairman of the Scientific Research Council and shall be a member of the Scientific Advisory Committee:

a) The Vice President of Scientific and Technical Research.

b) The coordinators of scientific-technical areas.

c) A representative of each of the scientific-technical areas, chosen by and among the research scientific staff assigned to each of them.

d) Six scientists of recognized capacity and experience appointed by the President of the Higher Council of Scientific Research.

e) The Vice President of Organization and Institutional Relations, who will act as Secretary.

3. The operation of this Committee and the procedure for the election of the members referred to in paragraph 2 (c) above shall be governed by order.

4. The Governing Board may set up as many advisory committees as it deems necessary for specific matters not included among those assigned to the Scientific Advisory Committee.

Article 14. Appointment, dismissal and replacement of the President of the Scientific Research Council.

The President of the Higher Council of Scientific Research, with the rank of Director General, will be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the head of the Ministry of Science and Technology.

In cases of absence, vacancy or illness, the Chairman of the Scientific Research Board shall be replaced by the single-person governing bodies in the order described in Article 18 of the Statute.

Article 15. Functions of the President of the Scientific Research Council.

1. The following functions are the responsibility of the President of the Higher Scientific Research Council:

a) Ostend the legal representation of the body.

b) The Vice-Presidency of the Governing Board and the Chair of the Governing Board and the Scientific Advisory Committee, as well as ensuring the implementation of their agreements.

c) To monitor the development of the activities of the body, setting the objectives of the different units and

ensuring compliance with this Statute and its implementing rules.

d) The direction, coordination, evaluation and supervision of all the managing bodies that depend on him, as well as the head of staff of the body.

e) Administer the appropriations for expenditure of the budgets of the agency. To approve and commit expenditure which is not the responsibility of the Council of Ministers, to raise the holder of the Ministry of Science and Technology for approval by the Council of Ministers, through the General Secretariat of Scientific Policy, (a) be subject to its jurisdiction, to recognise the economic obligations, to carry out the relevant bookkeeping, and to the accountability of the body.

f) To celebrate, in the field of their competence, contracts and agreements.

g) Propose budgetary modifications and credit generations that are relevant.

h) Propose to the competent ministerial departments, through the General Secretariat of Scientific Policy, the modifications of the relationship of the agency's working positions.

i) To inform the Governing Board of its actions and how many matters concern the management of the body.

(j) The other powers and functions assigned to it by this Statute are entrusted to it by the provisions in force, as well as all those which are not expressly conferred on other bodies of the body in this Statute.

2. The President may delegate his or her own duties as appropriate and may be delegated to the Vice-Presidents, the Secretary-General and the other bodies of dependents 3. The President may obtain from all the collegiate and single-person bodies covered by this Statute the reports and opinions which are necessary for the proper performance of the tasks entrusted to them.

Article 16. Incompatibility regime applicable to the Chairman of the Scientific Research Council.

The President of the Superior Council of Scientific Research will be subject to the regime of incompatibility of activities and control of interests established by Law 12/1995, of May 11, of Incompatibilities of the members of the Government of the Nation and the high positions of the General Administration of the State and the provisions of its development provisions.

Article 17. Acts and resolutions of the President.

Put an end to the administrative path of the acts and resolutions adopted by the President of the Superior Council of Scientific Research in the exercise of his functions.

Against the acts of the President, it is possible to bring an administrative dispute, without prejudice to the powers of replacement provided for in Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

Article 18. Other single-person governing bodies and management bodies.

1. Under the direction of the President of the Scientific Research Council, the following units will exist with the organic level of Subdirección General, the holders of which will be appointed following the general procedure established in the rules applicable to officials of the General Administration of the State:

1.o Single-personal governance bodies:

a) Vice President of Scientific and Technical Research.

b) Vice President of Organization and Institutional Relations.

c) Secretary-General.

2.o Other governing bodies:

a) Subdirector general of Programming, Monitoring and Scientific Documentation.

b) Deputy Director General of International Relations.

c) Deputy Director-General for Economic Performance.

d) Subdirector general of Human Resources.

e) Subdirector general of Works and Infrastructure.

3.o The Delegated Intervention of the General Intervention of the State Administration will be attached to the Presidency of the Higher Council of Scientific Research, without prejudice to its functional dependence on the Intervention General of the State Administration, with the functions assigned to it by the regulations in force.

It will have the organic level that will be established in the corresponding relation of jobs.

Article 19. Vice Presidency for Scientific and Technical Research.

1. They correspond to the Vice-Presidency of Scientific and Technical Research, as the governing body of the Higher Council of Scientific Research, the exercise of the following functions:

a) The planning and coordination of scientific and technical research.

b) The planning and promotion of computer development in the Higher Council of Scientific Research.

c) The promotion of scientific documentation activities.

d) The direction and coordination of the activity of transferring the results of the research through the Office of Technology Transfer, the holder of which will have the level of complement of destination to be established in the The list of jobs.

(e) The direction and coordination of the specialized scientific training programmes, including those relating to the results of the research and without prejudice to the training competencies of the staff, who are integrated into the the management of human resources allocated to the General Secretariat.

2. Under the functional direction of the Vice-Presidency for Scientific and Technical Research, the Subdirectorate-General for Programming, Monitoring and Scientific Documentation is located, which corresponds to the following functions:

a) The programming, management and monitoring of scientific and technical research.

b) The impetus and management of scientific documentation activity.

c) The management and monitoring of specialized training programmes for scientific and technical personnel.

3. The Vice-Presidency of Scientific and Technical Research shall also exercise the direction of the Area Coordinators provided for in Article 24.2 of this Statute and shall, on behalf of the body, attend the relevant national calls of research projects.

Article 20. Deputy Presidency of the Organization and Institutional Relations.

1. They correspond to the Vice-Presidency of the Organization and Institutional Relations, as the governing body of the Higher Council of Scientific Research, the exercise of the following functions:

a) The planning and coordination of scientific and technical cooperation.

b) The planning and promotion of institutional relations at national and international level.

c) The promotion, promotion and follow-up of the editorial and library policy of the Higher Council of Scientific Research.

d) The promotion and dissemination of the image and activities of the Scientific Research Council and its institutions and institutes.

2. Under the functional direction of the Vice-Presidency of the Organization and Institutional Relations is the Subdirectorate General of International Relations, to which the following functions correspond:

a) The management of scientific and technical cooperation with international organizations.

b) The development and control of the institution's international institutional relations.

3. Where the interests of the body advise it, or where the volume, importance or nature of the relations with other national or international bodies so require, there shall be institutional coordinators, whose action shall be taken to The Committee of the European Economic and Economic Affairs and the Committee on Institutional Affairs.

The institutional coordinators will perform functions of institutional representation to the various public and private bodies and institutions in their respective territorial scope, as well as functions of coordination of the centres and institutes of the Consejo Superior de Investigaciones Científicas in the territorial area concerned. The performance of these tasks shall be without prejudice to the allocation of powers under this Statute to the other bodies and authorities of the Scientific Research Council.

Article 21. General Secretariat.

1. It is up to the General Secretariat, as the governing body of the Higher Council of Scientific Research and without prejudice to the superior Jefatura exercised by the President of the body, to exercise the following functions:

(a) The management of the staff and the general services of the body.

b) The management of the administrative organization.

c) The direction of economic and budgetary management.

d) The management of wealth management and of works and infrastructures.

2. Under the functional direction of the General Secretariat, the General Secretariat for Economic Performance, the General Subdirectorate of Human Resources and the General Subdirectorate of Works and Infrastructure are located.

3. The Deputy Directorate-General for Economic Performance shall perform the following tasks, without prejudice to the tasks of the General Administration of the State Administration:

a) Budgetary control and monitoring.

b) Management and control of the financial activity and accounting of the body.

c) Internal audit of all processes of economic management of the body.

4. The Subdirectorate-General for Human Resources shall perform the following tasks:

a) Human resource policy management.

b) Management of policies for social action, training of staff and prevention of occupational risks.

c) Managing the body's general services.

5. The General Subdirectorate of Works and Infrastructure shall perform the following functions:

(a) Management and processing of the procurement files, technical support, control and monitoring of the works carried out by the agency.

(b) Processing of the records of acquisition, leasing, subscription and dispossession of movable and immovable property belonging to or owned by the body.

c) Wealth management and development of inventories of movable and immovable property in coordination with the accounting of the body.

Article 22. Support units.

May exist, in the different bodies of the structure of the Higher Council of Scientific Research, certain jobs with functions of technical support and advice, whose level will be determined in the relationship of jobs.

SECTION 2.a STRUCTURE AND OPERATION OF THE RESEARCH INSTITUTES AND INSTITUTES OF THE HIGHER COUNCIL OF SCIENTIFIC RESEARCH

Article 23. Research activity.

1. The Scientific Research Council will organize its research activity mainly through research projects and contracts.

2. In accordance with the objectives and objectives of the Scientific Research Council, research projects and contracts may be classified in the following types:

a) Projects integrated into programs corresponding to the National Plan for Scientific Research, Development and Technological Innovation.

b) Projects integrated into the R & D programmes of the European Union.

c) Projects corresponding to the programmes of the Autonomous Communities.

(d) Conventions and contracts for research, training and advice with public and private companies and other national and foreign institutions, whatever their territorial scope.

e) Projects of international cooperation.

3. The Scientific Research Council will also be able to develop how many projects are entrusted to it by the Government of the nation or the Ministry of Science and Technology.

4. In the light of studies of scientific foresight and the demand for contracted research, the Presidency of the body will prepare the Action Plan of the Higher Council of Scientific Research, which will cover the projects considered priority.

The Plan must be approved by the Governing Council before its referral to the Inter-Ministerial Committee on Science and Technology.

Article 24. Scientific-technical areas.

1. The planning, coordination and supervision of the scientific-technical activity of the agency will be carried out through the scientific and technical fields, in which the institutes, centers, departments and any other organizational structure will be integrated. dedicated to the execution of research activities that are believed in the body.

2. At the head of each area there will be a Coordinator, who will perform his duties with the support of the Area Commission. The Area Coordinators shall be appointed by the Chair of the body of experts of recognised competence and capacity, heard by the Scientific Advisory Committee and the Governing Board. They will depend organically on the Vice President for Scientific and Technical Research.

3. The Area Commissions are configured as the collegiate bodies through which the functions entrusted to the scientific and technical areas are developed. They shall consist of a minimum of four and a maximum of eight scientists, appointed by the Chair of the body, heard by the Scientific Advisory Committee and the Governing Board, all of them belonging to the area.

4. The Area Commissions shall be assisted in the development of the tasks entrusted to them by a cloister in which all the directors of the centres or institutes assigned functionally to the relevant Area shall be integrated, which shall meet, upon convocation of the coordinator of the respective area, at least once a year.

5. The functions of Area Coordinators and Area Commissions shall be determined by Order, in accordance with the definition set out in paragraph 1 of this Article, and shall be regulated.

Article 25. Organizational structures of the research activity of the Higher Council of Scientific Research.

1. The activities of a scientific and technical nature entrusted by the Higher Council of Scientific Research will be carried out through the institutes, centres and departments. The departments are included in the institutes and centers of which they are their organizational core.

2. Other types of units may also be set up to address relevant scientific and technological objectives which require, permanently or transiently, a specific structure.

3. The activities of support and support to the research will be carried out through the administrative and technical services units that will be integrated into the structure of the institute or center.

Article 26. Creation, modification and deletion of organizational structures in the Higher Council of Scientific Research.

1. The Governing Board may, after reporting by the Scientific Advisory Committee, agree to the establishment of institutes, centres and departments, as well as any other type of unit which is intended to carry out scientific and scientific activities. technical.

2. The President shall, where appropriate, initiate the procedures for the establishment of such organisational structures, including the drawing up of relations between the Member States, in accordance with the rules applicable and provided for in this Statute. employment, which will be approved in accordance with their specific rules.

Once the corresponding job relations have been approved, the General Secretariat will report these matters to the Governing Board.

The institutes and centers will be created by Order of the Minister of Science and Technology, after approval by the Minister of Public Administration.

3. The Governing Board may, after reporting by the Scientific Advisory Committee, agree to the amendment or deletion of the above administrative structures. The President shall, where appropriate, carry out the formalities necessary to carry out the amendment or deletion in accordance with the procedure laid down in the preceding paragraph. The General Secretariat shall inform the Governing Board of the outcome of the proceedings.

4. The Governing Board will account for all these actions to the Rector Board.

Article 27. Organisation and operation of institutes, centres and departments.

1. The institutes are the units in whose field the scientific and technical activities referred to in Article 25 of this Statute are carried out. They may bring together staff engaged in one or more related disciplines or who converge on an objective of particular scientific, technological or economic-social interest.

2. The centers are units that include various institutes and/or departments, even if they are dedicated to scientific disciplines or objectives among which there is no affinity or convergence. In cases where they have the same physical location, they will share common services. In addition, there may be service centres which will be responsible for the performance of management functions and support for scientific and research activities.

3. The departments are the basic units dedicated to one or several sub-disciplines of the same scientific field. In the field of research, the research groups that are set up as the elementary unit for the development and development of research projects are developing their tasks.

4. The institutes will be organized in departments and institutions in institutes and/or departments, as appropriate to ensure the promotion of creative capacity and the initiative of the research groups as well as the quality requirements of the work of the same.

5. Institutes and centres shall be assigned in scientific and technical fields, in accordance with the provisions of Article 24 of this Statute. In the case of centres whose institutes or departments belong to different fields of fields, each institute or department will be assigned to the area more closely with its activities.

6. The Institutes and the Centers shall be constituted at least with two Departments and the Departments at least with five scientists belonging to the agency, except in cases where the Board of Government appreciates the reasons for the exceptional circumstances. In the case of institutes and centres of new creation, institutions and centres shall be considered 'in formation', until the minimum specified above is reached in them.

7. The institutes and centres shall have an administrative unit in charge of the ordinary management and general affairs. Depending on their activity and needs, they will also have support units and services such as libraries, documentation and other research support units.

Article 28. Classification of institutes and research centres.

By resolution of the President of the agency, prior to the report of the Governing Board, the classification of the institutes and centers will be carried out in three groups: A, B and C.

The criteria for classification will be established by the Board of Government of the body in consideration of objective parameters that allow to assess the scientific and technical activity developed, the importance of the managed credits and the volume of the staff assigned.

The President of the body may review the classification of the Institutes, prior to the report of the Board of Government of the Council, at the request of the Board of the Institute or Center concerned, in accordance with the criteria mentioned in the previous paragraph.

The classification of the institutes and centres shall determine the administrative structure of the institutes and centres, in accordance with Article 27 (7).

Article 29. Internal configuration of the institutes and centres.

1. Management, management and deliberation functions at the Institutes and Centers will be performed by:

1.o Single-personal organs:

(a) The Director, who shall be assisted, where appropriate, by the Deputy Director or Vice-Directors.

b) The Heads of Department.

c) The Manager.

2.o Collegiate Organs:

a) The Board of Institute or Center.

b) The Scientific Cloister.

2. The Boards of the Institute or Centre and the Scientific Clauses, as collegiate bodies, shall adjust their action as provided for in this Statute, in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal regime of the Public Administrations and the Common Administrative Procedure and, in Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State.

Article 30. Directors of institute or centre.

1. The Directors of the Institute and of institutions which are not made up of several Institutes shall be appointed by the President of the Scientific Research Council, or the Governing Board of the body, among the officials of the belonging to group A, which have the appropriate suitability and technical preparation for the exercise of the function. The Board of Institute or Center shall initiate and direct the prior selection process, carrying out the identification of potential candidates as well as the receipt of applications. To this end, it shall convene the Scientific Committee and submit to it the candidate or existing candidates.

Issued such report, in which the Scientific Cloister may, if necessary, include that of other possible candidates, the Board of the Institute or Center will propose to the President of the Higher Council of Scientific Research the list (i) the reasons for the application of the rules of procedure for the application of Article 1 (1) of Regulation (EU) No 61/2014; This list may be extended by the Governing Board, on a proposal from its President, in which case it shall be informed by the Scientific Advisory Committee.

2. In the centres which are made up of several Institutes, the Director of the Centre shall coordinate the action of the Directors of the Institutes which make it up to the sole purpose of the proper use of the premises and the common services thereof. In the aforementioned centres the Director of the same will be appointed by the President of the Higher Council of Scientific Research among the Directors of institutes that integrate them.

3. The Directors will be relieved of their position by the President of the Higher Council of Scientific Research. The maximum duration of his term of office shall be four years. Prior to the end of the established deadline, the Directors may be relieved by the President, heard by the Board of Governors of the Scientific Research Council. The Director, the President of the body, may make his provisional appointment 'acting', while the appointment procedure laid down in paragraph 1 of this Article shall be completed. In any event, the Acting Director shall be a career officer belonging to Group A and shall meet the requirements for suitability and appropriate technical preparation.

4. The functions of the Institute or Centre Directors shall be as follows:

a) Exercise the representation of the institute or center.

b) To direct, coordinate and supervise all the services and activities of its institute or centre responsible for its economic management, irrespective of the powers reserved for the principal investigators in the management of their respective research projects.

(c) Coordinate the implementation of the scientific programme of the institute or centre setting out the short, medium and long-term scientific and technical objectives, drawn up and approved as provided for in Article 34 of the present Statute, transmitting to the Area Commissions how many initiatives are considered suitable in the institute or center for the improvement of the quality of the research task.

d) Velar for the correct execution of the research projects of the institute or center.

e) To direct and supervise the performance of the obligations by the staff of the institute or center and to propose to the President of the Higher Council of Scientific Research the necessary measures to solve the problems which may occur.

f) Grant or propose, where appropriate, the rewards that come and exercise the disciplinary authority, in accordance with the provisions in force.

g) To ensure that the facilities and facilities of the institute or centre are appropriate for the effective development of the activities within it.

h) Velar due to the due access and correct use of the facilities and facilities of the institute or center by all persons who, with knowledge and, where appropriate, authorization, make use of the same.

i) Velar for the correct compliance with the regulations on safety, prevention of occupational risks and hygiene in the work within the institute or center.

j) Distribute available resources of all kinds and ensure their optimal use for the development of activities between the different departments and working groups.

k) To celebrate, in accordance with the competencies that may be delegated or deconcentrated, works contracts, public service management or supply contracts.

l) To prepare annually the memory of activities of the institute or center, in accordance with the guidelines that could be fixed, if necessary, by the Governing Board.

m) Support the higher bodies in the planning of the activity of the body through the corresponding technical scientific advice.

n) inform the Board of the Institute or Center of the steps taken in the performance of his office and the members of the institute or center of how many matters could affect them.

n) Report, at least once a year, to the Scientific Cloister on its activities and the management carried out by the Board of Institute or Centre.

(o) The other powers and functions assigned to it by this Statute or entrusted to it or delegated to it.

Article 31. Deputy director of institute or centre.

1. The Vice-Directors, as functional support bodies, shall assist the Directors in their duties by performing the duties delegated or entrusted to them.

2. The functions of the Deputy Director or Vice-Directors in each institute and centre shall be established by the Director in an express manner and be notified to the Board of the institute or centre.

3. Without prejudice to Article 33 (2) of this Statute, the Deputy Director shall replace the Director in the case of absence, temporary vacancy or sickness. If there are several Vice-Directors, the replacement function shall correspond to the one on whose behalf it was expressly established.

4. The Vice-Directors shall be appointed by the Chairman of the Scientific Research Council, on a proposal from the Directors of the Institute or Center.

Article 32. Head of department.

1. The Head of each department will be responsible for one of its members belonging to the Escalas of Scientific Research Staff of the Higher Council of Scientific Research. This function shall be on the person appointed by the Director of the institute or centre, the scientific staff of the department heard.

2. The functions of the Heads of Department shall be to direct, coordinate and supervise the activities within it, to ensure the good use and distribution of the resources assigned to the Department and for the fulfilment of the obligations of the staff that integrates it. This is without prejudice to the functions which the principal investigators are responsible for in the implementation of their respective research projects.

Article 33. Manager of institute or center.

1. The Manager of the institute or centre shall be appointed by the Chairman of the Scientific Research Council, the Secretary-General of the body and the Director of the institute or centre, by the procedure of free designation between career officials who meet the requirements to be determined in the relevant employment relationship.

2. The Manager of the institute or centre, without prejudice to the duties assigned to the Director, and under the orders of the Director shall be responsible for:

(a) The economic and administrative management of the general services, purchases and supplies and the maintenance of the facilities of the institute or centre, issuing the certifications that come in the exercise of those services powers.

b) The management, supervision and control of the work of the staff assigned to these tasks.

c) The Secretariat of the Board of Institute or Center.

The Manager shall normally perform the supply of the Directors in the exercise of the latter's powers relating to the matters referred to in paragraph 2.a) and b) of this Article.

Article 34. Board of institute or centre.

1. In each institute or centre there shall be a Board consisting of:

a) The Director, who will be its President.

b) The Deputy Director or Vice-Directors.

c) The Manager, who will act as Secretary.

d) The department heads.

e) A number of staff representatives equal to one-third of the total Board members, the non-exact quotient being rounded up by default.

2. The procedure for the election of the representatives of staff referred to in paragraph (e) of the previous paragraph shall be governed by Order.

3. The Board of Institute or Centre shall advise and inform the Director on all matters affecting the operation of the Board. You will also have the following functions:

(a) Develop, in accordance with the criteria approved by the Governing Board and on the proposal of the Scientific Advisory Committee, the programme of the institute or centre, which shall contain the scientific and technical objectives of the same in the short, medium and long term the time limit and the estimates of resources and planning of resources necessary for their implementation.

This program must be approved by the cloister prior to its elevation to the Governing Board, which will approve it, if necessary, after the Scientific Advisory Committee's report.

(b) To propose to the Chairman of the Scientific Research Council the reasoned list referred to in Article 30 (1) of this Statute.

(c) To propose, within the framework of the rules of general application, initiatives and exchanges of collaboration with universities and other research bodies.

d) Be informed of the proposals of the management of the institute or center on the distribution between the different departments and groups of the available resources.

e) Report on the agreements, contracts and research projects that are developed within the institute or center.

f) Approve the annual activity memory of the institute or center.

g) Any other function entrusted to you by this Statute or expressly attributed to you by the Governing Board.

4. The Board of Institute or Centre shall meet in ordinary session, at least once a month, convened by the Director. The Director may agree to extraordinary meetings as often as is necessary for the development of the tasks which the Board of Institute or Centre is entrusted with, on its own initiative or at the request of at least one third of the members of the Board. Board.

Article 35. Scientific Cloister.

1. In each institute or centre there shall be a Scientific Cloister chaired by the Director, and from which the research staff of the institute or centre will be a part. This shall be understood by scientific research staff of the institute or centre of staff belonging to the Escalas referred to in Article 48 (1) (1) or (1) of this Statute, provided that they effectively develop their the activity in the same and without prejudice to the provisions of Articles 36.4, 37.4 and 39.6 of this Statute.

The Cloister shall elect its Secretary in the first session he holds after the appointment or renewal of the Director of the institute or centre.

2. The Scientific Cloister will be the forum for the deliberation of the scientific affairs of the institute or center and of its projection in the scientific-technical activities of the organism. In particular it shall be their competence:

(a) Approve the proposal for a scientific programme of the institute or centre referred to in Article 34 of this Statute.

b) Report the reasoned list of candidates for the position of Director of Institute or Center, to be submitted to you by the Board of Institute or Center. This report will assess in particular the scientific qualities, the capacity of management and the experience of the candidates.

c) Propose to the Board of Institute or Center for study, approval and, where appropriate, elevation to the governing bodies of the Scientific Research Council, how many measures it deems appropriate for the best development of the scientific activities of the institute or centre.

d) To raise annually to the Presidency of the Scientific Research Council a report on the implementation of the scientific programme of the institute or centre in relation to the objectives pursued by the planning scientific area of the area to which you belong.

e) To know the scientific content of the projects and research works developed during the year by the institute or center.

3. The Scientific Committee shall meet in ordinary session, at least once a year, convened by the Director of the Institute or Centre. The Director may agree extraordinary meetings as often as is necessary for the development of the tasks which the Scientific Committee has entrusted to it, on its own initiative or at the request of at least one third of its members. For the exclusive fulfilment of the tasks set out in paragraphs 2 (c), (d) and (e) and where the Director considers it to be from his own initiative or at the request of at least one third of the members of the cloister, the In the case of the Scientific Committee, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European

4. The cloister may decide on the management of the Director, after discussion and vote in an extraordinary session convened for this purpose. This statement, which will not be binding, will be submitted to the Presidency of the body.

CHAPTER III

Institutional relations

Article 36. Own research units established by means of conventions.

1. The Scientific Research Council may establish agreements with universities and agencies of the State Administration or Autonomous Communities for the creation or adaptation of research and development units to the the objectives of the programmes of national, sectoral or Autonomous Communities described in Article 6.2 of Law 13/1986 of 14 April, of the Promotion and General Coordination of Scientific and Technical Research.

2. The organisational structure and the regulation of the economic, financial and personnel management of these units shall be determined in the respective conventions in accordance with the rules applicable in these matters in general, and the responsibility for such management on bodies belonging to each of the participants.

3. These units shall participate in the research projects with the entire staff assigned to them, regardless of their organization of origin, for the purposes of which the budgets of these projects shall be considered.

4. The rules of operation of these units shall be determined in the relevant conventions, in which they shall be included, in accordance with the rules already established or which may be established by the Governing Board of the High Council of Scientific research, the aims pursued by the aforementioned units, the contribution of each party to the agreement, as well as the criteria for the participation of the staff of other entities outside the Higher Council of Scientific Research in the Board of Institute or Center and in the Scientific Cloister. The General Council for Science and Technology shall be taken into account in accordance with the provisions of Article 15.1 of Law 13/1986.

Article 37. Joint research units.

1. The Scientific Research Council will be able to participate by means of a signed agreement to the effect on the creation and maintenance of joint research and development units and shared ownership with universities and other public and private bodies.

2. The organisational structure and the regulation of the economic, financial and personnel management of these units shall be determined in the respective conventions in accordance with the rules applicable in these matters in general, and the responsibility for such management on bodies belonging to each of the participants.

3. These units shall participate in the research projects with the entire staff assigned to them, regardless of their organization of origin, for the purposes of which the budgets of these projects shall be considered.

4. The rules of operation of these units shall be determined in the relevant conventions, in which they shall be included, in accordance with the rules already established or which may be established by the Governing Board of the High Council of Scientific research, the aims pursued by the aforementioned units, the contribution of each party to the agreement, as well as the criteria for the participation of the staff of other entities outside the Higher Council of Scientific Research in the Board of institute or centre and in the Scientific Cloister.

Article 38. Associated units.

1. The Scientific Research Council may associate, by agreement, its own research and development units to universities or national research organizations and other countries, prior to the report of the Commission of the and the Board of the Institute or Center or, if applicable, the department. They will have the consideration of units associated with the university or body concerned, without losing their membership to the Higher Council of Scientific Research.

2. The Scientific Research Council may, by agreement, associate its institutes, centres or departments with research and development units of universities or other national or other research bodies, subject to the report of the Committee of the Area and heard by the Board of Institute or Centre or, where appropriate, the department concerned.

They will have the consideration of units associated with the Superior Council of Scientific Research, without losing their membership to the body from which they come.

Article 39. Institutes and centres with employers.

1. To carry out research programmes that are considered to be of particular interest to the Government of the Nation, the various ministerial departments, the governments of the Autonomous Communities, local authorities or other bodies may constitute institutes or centres by agreement between the bodies concerned and the Higher Council of Scientific Research, which shall be governed by an employer.

2. Each employer shall have, among its functions, the following:

(a) Propose, after report of the cloister, the program of action of the institute or center, to the Governing Board of the Scientific Research Superior Council who will approve it, if necessary, after report of the Scientific Committee Adviser.

b) Contribute to the financing of the activities of the unit.

c) Promote the implementation of research agreements and contracts with public and private institutions and, in particular, with those represented therein.

d) Develop the preliminary draft budget and approve the annual activity memory.

3. The procedure for the appointment and termination of the Directors of the institutes and centres with employers shall be the general rule laid down in Article 30 of this Statute, with the peculiarity that once the report of the Scientific, the Board of the Institute or Center shall submit to the Board of Directors the candidate or existing candidates, and propose to the President of the Higher Council of Scientific Research, through the patronage, the reasoned list of those, the curricular data, the report of the cloister and the employer and its own report with the comments which it considers relevant.

4. These units shall participate in the research projects with the entire staff assigned to them, regardless of their organization of origin, for the purposes of which the budgets of these projects shall be considered.

5. The organisational structure of these units shall be approved in accordance with the applicable law and shall be established, in respect of that included in the competence of the Higher Scientific Research Council, through the (a) the relationship between employment and employment, which will be approved in accordance with its specific rules. In the field of the Scientific Research Council, it is up to the President, through the competent services, to initiate the necessary procedures for the implementation of the applicable legislation and the establishment of the aforementioned (i) relations between the European

6. The Ministry of Science and Technology will, by Order, regulate the general operating conditions of the Institutes and Centres with Patronato, the procedure for the creation and the abolition of the same, as well as the criteria for the participation of the personnel from other entities outside the Higher Council of Scientific Research in the Board of Institute or Center and in the Scientific Cloister.

Article 40. International collaboration.

The Scientific Research Council will be able to participate in international projects, establishing the appropriate agreements and agreements with public or private research organizations, prior to the knowledge of the Secretary of State for Science and Technology Policy and the Interministerial Committee on Science and Technology. It will also be able to establish bilateral collaboration agreements with institutions from other countries, as well as to create or participate in international consortia that will allow and regulate the development of projects of an international nature.

The conventions to be established will be governed by the applicable international law in each case, in the terms mentioned in the Royal Decree of 16 June 2000, by which the recast text of the Law of Contracts of Public Administrations.

Article 41. Other forms of institutional collaboration.

1. The Scientific Research Council may establish, within the framework of the applicable regulations, other forms of institutional collaboration to meet new needs or demands that may arise in the context of the their institutional relations.

2. The Governing Board shall be the body responsible for establishing the new arrangements for cooperation, as well as for amending or deleting, where appropriate, the units set up under this Chapter or those which may be established in the the framework of the rules applicable in each case.

CHAPTER IV

Economic-financial regime

Article 42. Economic resources.

1. The economic resources of the Higher Council of Scientific Research may come from the following sources:

(a) The goods and values that constitute their patrimony.

(b) The products and income of such assets.

(c) The specific items assigned to the General Budget of the State.

(d) Current transfers or capital transfers from government or public entities.

e) The ordinary and extraordinary income that you are entitled to receive.

f) Donations, legacies and other contributions from private and private entities.

g) The revenue that is derived from its operations.

h) Any other resource that may be attributed to you.

2. The revenue and payments to be made by the agency shall be carried out through the account which it maintains either in the Banco de España or in other credit institutions, for which the opening shall be specified in advance of the communication to the Directorate-General of the Treasury and Financial Policy, in the terms set out in the General Budget Law.

Article 43. Economic and financial system, accounting, intervention and financial control.

1. The economic and financial system, accounting, intervention and financial control of the Consejo Superior de Investigaciones Científicas, will be established for the autonomous organizations by the recast text of the General Budget Law and the other provisions in force in the field, in any event, with the specifications contained for the public research bodies in Article 61 of Law 50/1998 of 30 December 1998 on fiscal, administrative and administrative measures social.

2. Without prejudice to the audit powers conferred on the Court of Auditors by its Organic Law, and by the other laws which develop its powers, the Scientific Research Council shall be subject to internal control and to the annual audit of accounts to be carried out by the General Intervention of the State Administration, in accordance with Articles 99 and 100 of the recast text of the General Budget Law.

3. Similarly, the Scientific Research Council will be subject to effective control by the Ministry of Science and Technology, which will aim to verify the degree of compliance with its objectives and the appropriate use of the resources allocated, without prejudice to the powers corresponding to the General Intervention of the State Administration in these matters.

Article 44. Recruitment.

1. The Superior Council of Scientific Research shall be governed by the general rules of procurement of the Public Administrations, in accordance with the provisions of Article 49 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

2. In accordance with the provisions of Article 19.2 of Law 13/1986 on the Promotion and General Coordination of Scientific and Technical Research, contracts for the provision of research services with private entities or with persons Except for the scope of the Law on Public Administration Contracts, they shall be governed by the rules of Civil and Commercial Law applicable to them.

Article 45. Budgetary regime.

1. The budgetary regime of the Higher Council for Scientific Research will be established in the recast text of the General Budget Law for public research bodies such as autonomous bodies with required specialties. for scientific research and technological development activities. For this purpose, it is understood by typical operations of the activity of the body those that are necessary for the realization of its objectives, and in particular, the research projects, the operations of technology transfer and the training programmes for researchers and technicians.

2. In accordance with the provisions of Article 18.2 of Law 13/1986 of 14 April 1986 for the carrying out of scientific or technical work of a scientific nature, for the disposal of industrial or intellectual property rights or for the development of specialization courses, the holder of the Ministry of Science and Technology may authorize, prior to the report of the Delegated Intervention, generations of credit in the states of expenditure of its budget when they are financed with income derived from legal business concluded by the Higher Council of Scientific Research with public or private entities or natural persons, or through the resources provided by the public sector within the National Plan referred to in the Law on the Promotion and General Coordination of Scientific and Technical Research.

Notwithstanding the above paragraph, where credit generation is intended to affect the complement of productivity or rewards referred to in paragraph 3 (c) and (d) of the Article 23 of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, as well as that of any other incentive to yield, will require a favorable report from the Ministry of Finance.

CHAPTER V

Patrimonial regime

Article 46. Heritage of the body.

1. The heritage regime of the Consejo Superior de Investigaciones Científicas will be provided for in article 48 of Law 6/1997 of April 14, and in the supplementary legislation.

2. In addition to the assets which are part of its own assets, the body shall be assigned to it, for the purposes of its purposes, the property assets of a State owned by which it is agreed, in accordance with the provisions of the Articles 80 et seq. of the Law of State Heritage, which shall retain their original legal status and which may be used only for the purpose of their purposes, corresponding to the Scientific Research Council its use, administration and any prerogatives concerning the public domain legally established.

3. It is for the Chairman of the Scientific Research Council to agree to the acquisition by any title, use and lease of the immovable property and rights that are necessary for the purposes of the body, without prejudice to the competence conferred on the Governing Board by Article 11 (8) of this Statute.

Article 47. Inventory.

1. In accordance with the provisions of article 48.4 of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, the Superior Council of Scientific Research will form and keep up to date the inventory of their assets and rights, with the sole exception of those of a fungible nature. The inventory shall be reviewed, as appropriate, annually by reference to 31 December and shall be included in the Balance Sheet which is incorporated into the Agency's annual account.

2. The inventory of real estate and the rights of the Agency shall be submitted to the Ministry of Finance annually.

CHAPTER VI

Staff of the Scientific Research Superior Council

Article 48. Staff arrangements.

1. The staff belonging to the Scientific Research Board shall be an official or an employment officer, on the same terms as those established for the General Administration of the State, and shall consist of:

A) Officials of the Special Escalations attached to the Ministry of Science and Technology through the Higher Council of Scientific Research:

1.o Scientific-investigator personnel belonging to the following Scales of the classification group A:

a) Research Professors.

b) Scientific Researchers.

c) Full Scientists

2.Personal official with associated functions with the investigation pertaining to the following Escalations:

(a) Specialized Higher Graduates, Group A Scale of Classification.

b) Specialized Technical Graduates, Classification Group B Scale.

3.o Personal official with auxiliary functions of the investigation pertaining to the following Escalations:

a) Research Assistant, Classification Group C Scale.

b) Auxiliary Research, Scale of the classification group D.

4.Personal staff of the Scale of Diplomatic Assistants of Research, to extinguish, Scale of the group B of classification.

This staff is governed by the rules of general application to the officials of the General Administration of the State, and in so far as it does not object to this legislation, by its specific regulations.

B) Officials belonging to other Bodies and Escalas other than those referred to in paragraph (A) above, who occupy positions in the Higher Council of Scientific Research, in accordance with what they determine the relations of employment.

C) The permanent and temporary staff of the Higher Council of Scientific Research, which will be regulated by labor legislation.

(D) Staff who, as a research body, the Scientific Research Council may incorporate into their centres and institutes, consisting of:

1 Scientific and technical staff contracted for the implementation of research projects and activities, as provided for in Article 17 (a) of Law 13/1986 of 14 April.

2.o Staff in training, in accordance with their specific regulations.

E) In the framework of the current regulations, the figure of the Contreated Scientist, to which Article 15.1.a) of the Workers ' Statute will apply, is established, with the capacity to direct research projects, which may be incorporated into the Scientific Research Council for the development of scientific, technical and technological innovation research activities contained in the action programmes referred to in Article 4.1 of this Statute. The selection of this staff, which must have a doctor's degree, and its continuity will be determined by application of quality criteria and scientific excellence.

2. The training staff will not have a legal working relationship with the Higher Council of Scientific Research, and will be integrated by those who develop activities to expand their training through pre-doctoral, post-doctoral and post-doctoral scholarships. introduction to the investigation or any other nature, in accordance with its specific rules.

3. The President may authorize, in accordance with the regulations of the Governing Board and at the request of the Directors of the institutions and institutes, prior report of the cloister, the incorporation into their activities of doctors of universities and other research bodies that will have the consideration of "linked doctors".

This incorporation will not alter the legal relationship that the aforementioned doctors have with their agency of origin, nor will it imply the existence of contractual relationship with the Superior Council of Scientific Research.

Article 49. Access, selection, mobility and provision of jobs.

1. The President of the Superior Council of Scientific Research will present annually to the Ministry of Public Administrations, through the Ministry of Science and Technology, the proposal of the Public Employment Offer corresponding to the agency. This offer will cover the human resources needs of the activity of the Higher Council of Scientific Research for the achievement of the objectives of national scientific policy.

2. The procedures for the entry of official and labour staff and the provision of jobs shall be carried out by the competent body in accordance with the principles of equality, merit, capacity and publicity and shall comply with the criteria laid down in Article 1 (1) of the Treaty. (b) General provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, in the regulations applicable to the employment staff of the State Administration and in its development regulations, and in which it does not object to the In the case of the Royal Decree No 847/1981 of 8 May 1981 and Royal Decree No 1804/1983 of 23 May 1981.

3. The composition of the staff selection bodies of the civil servants of the Member States of scientific research staff may be carried out in accordance with the specialities recognised in their specific rules, in accordance with the provisions of the Article 19.2 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, guaranteeing in any case the specialization of its members, as well as the agility and objectivity of the selective processes.

4. The mobility of staff for service needs arising from changes in the centre or institute of the research groups shall be carried out in accordance with Article 61 of Royal Decree 364/1995 of 10 March 1995. approves the General Staff Regulations for the Service of the General Administration of the State and the Provision of Jobs and Professional Promotion of the Officials of the General Administration of the State and the applicable regulations to the staff of the General Administration of the State.

5. In matters of professional career, the personal grade shall be acquired in accordance with the provisions of Article 21 of Law 30/1984 of 2 August.

The acquisition of the personal level achieved by the improvement of training courses will require a prior proposal of the President of the Higher Council of Scientific Research of the courses whose overcoming will determine the (a) the acquisition of the personal level in the Council, a proposal which must be raised by the holder of the Ministry of Science and Technology for approval by the Government. Access to these courses will be based exclusively on criteria of merit and capacity, selection by means of competition and the assessment of the activity carried out in the body, which will be carried out by an evaluation body. This is the purpose of the Governing Board's report to the effect of the Governing Board's report, which will determine the general evaluation criteria.

Article 50. Authorization to carry out tasks related to scientific and technological research outside the organic field of the Scientific Research Council.

1. Officials belonging to the Staff Escalations of the Superior Council of Scientific Research may be authorized to carry out tasks related to scientific and technological research outside the organic area of the Council, such as collaboration and assistance with the National Plan for Scientific Research, Technological Development and Innovation, those derived from collaboration agreements signed by the agency or those that relate to

collaboration in research projects that do not develop in the field of the Higher Council of Scientific Research.

2. The granting of these authorizations shall be carried out by the President of the Scientific Research Council, who shall determine the maximum duration of the authorization and the possibility of renewal of the authorization. the tasks to be carried out in each case. The President may also revoke the authorisations granted in the event of the completion of the causes of interest to the body in which the authorisation was justified.

3. Officials who are granted the authorization to carry out the tasks referred to in paragraph 1 of this Article shall be obliged to communicate any variation in the conditions which led to the granting of such authorization. the authorization by the president of the agency, and to comply with the provisions of the current regulations and the internal regulations that regulate this type of authorizations, if they are applied otherwise the normative of disciplinary regime applicable to officials of the General Administration of the State.

Article 51. Incompatibilities.

The staff of the Consejo Superior de Investigaciones Científicas will be subject to the regime of incompatibilities established in Law 53/1984 of December 26, of Incompatibilities of Personnel to the Service of the Administrations Public.

Article 52. Disciplinary regime.

The staff of the Scientific Research Council will be subject to the disciplinary regime established in general in the field of the State Administration for the staff and staff. work, if any.

Article 53. Remuneration scheme.

1. The remuneration scheme applicable to the staff of the Scientific Research Council shall be the general rule for staff at the service of the General Administration of the State, with the specific characteristics of the application.

2. The official staff belonging to the Escalas referred to in Article 48 (1) (A) or 48 of this Statute shall receive five-year periods in respect of a component on the merits of the specific supplement and the term of office of the staff. of productivity as set out in its regulatory regulations.

The perception of these concepts will be governed by the provisions of the Council of Ministers ' Agreement of 23 December 1998, without in any case the annual amount of these concepts referred to in paragraphs 5 and 4. The Council of Ministers agreement of 23 December 1998 may exceed the result of a favourable outcome of six evaluations for each of them. In accordance with the provisions of paragraph 6 of the said Agreement, periods of negative assessment may not be the subject of a further request for evaluation. However, the researchers to whom the last research period presented has been negatively assessed will be able to build a new six-year period, with some of those already assessed negatively in the last request made and, to the less, three after those.

The right to be evaluated is obtained from the date of entry in the corresponding Scale.

3. The staff of the Consejo Superior de Investigaciones Científicas will perceive the complement of productivity generated according to the provisions of article 18.2 of Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific Research and Technical, in accordance with the distribution criteria to be established by the Governing Board.

The exercise of the functions of Director of Center or Institute, Institutional Coordinator or Coordinator of Scientific-Technical Area, will be paid with the complement of destination and the components of the specific complement that will be authorize by the Executive Committee of the Inter-Ministerial Committee on Remuneration.