The Spanish Institute of Oceanography was created by Royal Decree of 17 April 1914, as a result of the integration into the same body of the laboratories of Marine Biology of Santander, founded in 1886 and dependent on the University of Valladolid, and Porto Pi (Mallorca), founded in 1906 and dependent on the University of Barcelona. The founding decree contained in its article 1 the purpose of the Institute as follows: " the Spanish Institute of Oceanography is created, which will be the object of the study of the physical, chemical and biological conditions of the seas that bathe our territory, with its applications to the problems of fishing. " Since its founding in 1914, the Spanish Institute of Oceanography has belonged to several ministries, but the foundational objective has remained essentially unchanged over the years.

The Spanish Institute of Oceanography is a public research body, in accordance with the provisions of Law 13/1986 of 14 April, of the General Development and Coordination of Scientific and Technical Research, under the Ministry of Science and Technology. Its legal nature is that of the Autonomous Body, in accordance with the provisions of paragraph (a) of Article 43.1 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

Moreover, Law 50/1998 of 30 December 1998 on tax, administrative and social order measures, in Article 61, provides that the public research bodies referred to in Article 13 of Law 13/1986, adopt the configuration of an autonomous body, as set out in Article 43.1.a) of Law 6/1997 of 14 April, with a number of specific staff and economic conditions.

Likewise, in paragraph two of the aforementioned article 61 of Law 50/1998, the Government, at the initiative of the respective ministries of affiliation and joint proposal of the Ministers of Public Administrations and of Hacienda, shall approve the Statutes of each of the public research bodies within one year of the entry into force of this Law.

Consequently, the present Royal Decree, in compliance with the legislation set out above, approves the Statute of the Spanish Oceanography Institute. It determines the governing bodies and the government of the Agency; the distribution of the functions and powers of the Agency; the assets and economic resources allocated; the human resources, assets and contracting arrangements; budget, economic, financial and intervention. It also establishes guidelines for the development of its research activity and mandates the framework of institutional relations.

In its virtue, on the initiative of the Minister of Science and Technology, on a joint proposal of the Ministers of Public and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers in their meeting on 1 December 2000,

D I S P O N G O:

Single item. Approval of the Statute of the Spanish Oceanography Institute.

The Statute of the Spanish Institute of Oceanography (IEO) is approved, the text of which is inserted below.

Additional disposition first. Activities of the Spanish Oceanography Institute.

The Spanish Institute of Oceanography (IEO) will give priority to the objectives of the government's fisheries policy, both in research functions and scientific technical support, and may represent the Ministry of Agriculture. Agriculture, Fisheries and Food in international scientific forums related to oceanography and fisheries, in coordination with the Ministry of Foreign Affairs.

The Ministry of Science and Technology and the Ministry of Agriculture, Fisheries and Food will act jointly and jointly on the research of the Spanish Oceanography Institute in the field of sea fishing for the preparation and implementation of the sectoral programme, as well as for the actions which, where appropriate, are necessary for the implementation of the Government's maritime fisheries policy. These ordinary activities of the body will be financed from your budget.

this end, an Inter-Ministerial Commission will be set up, in which representatives of the Ministries of Agriculture, Fisheries and Food and Science and Technology will participate. functions, to propose the sectoral programme and the budget necessary for its implementation. The Commission shall draw up an annual report on the level of implementation of the activities of the Spanish Oceanography Institute in relation to the Government's fisheries policy, as well as the investment and human resources policy of the body.

Additional provision second. Public expenditure.

The application of the forecasts contained in this Royal Decree, as well as the implementation of the organizational measures resulting from it, will not imply any increase in public expenditure.

Single repeal provision. Regulatory repeal.

Chapter II of Royal Decree 950/1997, of 20 June, establishing the basic organic structure of different autonomous bodies of the Ministry of Agriculture, Fisheries and Food, and how many are hereby repealed. the same or lower-ranking provisions as they object to the provisions of this Royal Decree.

Final disposition first. Development standards.

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

However, and in accordance with the legislation in force, the peculiarities in terms of access, posting, career, promotion and mobility of the staff referred to in Article 61 (a) of the Law 50/1998 of 30 December 1998 on fiscal, administrative and social measures shall be governed by the Royal Decree of the Council of Ministers.

Final disposition second. 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 at December 1, 2000.

JOHN CARLOS R.

The First Vice President of the Government
and Minister of the Presidency,

MARIANO RAJOY BREY

STATUTE OF THE SPANISH INSTITUTE OF OCEANOGRAPHY (IEO)

CHAPTER I

Nature, legal regime and functions

Article 1. Legal nature and membership.

1. The Spanish Institute of Oceanography (IEO) is a public body of research, 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 Organization and Operation of the General Administration of the State, attached to the Ministry of Science and Technology, through the General Secretariat of Scientific Policy.

2. It is for the Ministry of Science and Technology, through the General Secretariat for Scientific Policy, the strategic direction, the evaluation and control of the results of the activities of the IEO, without prejudice to the competences attributed to the General intervention of the State Administration regarding the evaluation and control of the results of public bodies in the state public sector.

3. The IEO 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 sphere of competence the precise administrative powers for the fulfilment of its purposes, in accordance with the terms laid down in this Statute, except for the expropriation.

Article 2. Legal Regime.

The IEO is governed by the provisions of Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research; by Law 6/1997, of April 14, of Organization and the Functioning of the Administration General of the State; by Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure; by the Royal Decree of Law 2/2000, of 16 June, for which the recast text is approved of the Law of Contracts of Public Administrations; by the Royal Legislative Decree 1091/1988, of 23 of September, for which the recast text of the General Budget Law is adopted; by Decree 1022/1964 of 15 April, by which the articulated text of the Law of State Heritage is adopted; by Article 61 of Law 50/1998, of 30 of (b) December, of fiscal, administrative and social measures; by this Statute and, in general, by the rules implementing the provisions cited above and those applicable to them.

Article 3. Purpose and functions.

1. The Spanish Institute of Oceanography aims to study the sea and its resources.

2. In order to comply with the purpose set out in the previous paragraph, the following functions are carried out by the IEO:

(a) Develop, coordinate and manage research programmes on marine living resources in the various seas and oceans that are of interest to the Spanish fisheries sector, including research on Marine crops.

(b) Develop, coordinate and manage multidisciplinary oceanographic research programmes, with particular attention to their influence on living resources, in accordance with the guidelines of the Secretariat of State Scientific and Technological Policy.

c) Represent the Department in international forums related to oceanography and fisheries, without prejudice to the provisions of the unique additional provision of this Royal Decree, in coordination with the Secretariat of State of Science and Technology Policy, Ministry of Foreign Affairs and the Inter-Ministerial Science and Technology Commission.

d) Report on the draft standards to be submitted for consultation and affect the extraction of marine living resources.

e) Report to the competent administrative bodies on requests for the conduct of research campaigns by third countries in Spanish sovereignty waters.

(f) Establishing agreements with public and private bodies, both national and international, for the implementation of research projects and other scientific and technological activities, giving the Commission the Interministerial of Science and Technology, as provided for in Article 15 of Law 13/1986 of 14 April, for the Promotion and General Coordination of Scientific and Technical Research.

g) Coordinate and cooperate in international research programmes, through the Secretariat of State for Scientific and Technological Policy, without prejudice to the powers conferred on the Ministry of Foreign Affairs.

CHAPTER II

Governing Bodies

Article 4. Governing bodies.

1. The governing bodies of the Spanish Oceanography Institute are as follows:

1.o Collegiate Organs:

a) The Rector Board.

b) The Management Committee.

2.o Single-Personal Organ:

a) The President.

b) The Vice President.

c) The CEO.

2. The Governing Council and the Management Committee shall be governed by the provisions of this Statute and by the provisions of Title II, Chapter II, of Law No 30/1992 of 26 November 1992 of the Legal Regime of the General Administration 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 General Administration of the State.

Article 5. The Governing Council.

1. The Governing Council shall be composed of the following members:

(a) The President, who will be the Secretary of State for Science and Technology Policy, who will be able to delegate to the Secretary-General for Scientific Policy.

b) Vice President 1.o, who will be the CEO of the IEO.

c) Vice President 2.o, who will be the Director-General of Fisheries Resources, Ministry of Agriculture, Fisheries and Food.

d) The vowels.

e) The Secretary, who will be the Secretary General of the IEO.

2. They will be the Vowels of the Governing

:

(a) The Director-General of Fisheries Structures and Markets, Ministry of Agriculture, Fisheries and Food.

b) The Director-General of Nature Conservation at the Ministry of the Environment.

c) The Chairman of the Scientific Research Council.

(d) Two representatives of the Ministry of Science and Technology, appointed by its holder, on a proposal from the Secretary of State for Scientific and Technological Policy.

e) Three representatives of the Autonomous Communities with littoral, members of the Sectoral Fisheries Conference, appointed by the head of the Ministry of Science and Technology, on the proposal of the Sectoral Fisheries Conference.

f) Three representatives of the fisheries and aquaculture sector, appointed by the head of the Ministry of Science and Technology, among the most representative organisations in the sector and on a proposal from them.

g) Three scientists of recognized prestige in the oceanographic-fishing field, of which one will be from the IEO, appointed by the head of the Ministry of Science and Technology.

h) The Deputy Director-General of Research at the Spanish Oceanography Institute.

i) Two representatives of the Functional Coordination Committee of Autonomous Research and Experimentation Bodies, appointed by the head of the Ministry of Science and Technology, on a proposal from the Chairman of the Committee, Article 3 of Royal Decree 574/1997 of 18 April 1997.

3. Fifty per cent of the vowels will be renewed every two years and those due to the position depending on the occupation. Representatives of the Autonomous Communities shall rotate in full each year.

4. The Governing Council, to be convened by its President, shall meet in ordinary session at least once a year and, in extraordinary session, when deemed necessary by the President or at the request of the majority of its members. The agreements shall be adopted by a majority of the assistants and in the event of a tie, the President shall vote.

5. The President may convene meetings of the Governing Council, where he considers it appropriate, to persons of the Institute or others, as advisers, for their particular relevance in the subjects to be addressed.

Article 6. Functions of the Rector Board.

The following are the functions of the Rector Board:

a) Approve the Institute's annual and multi-annual objectives and plans and ensure compliance with them.

b) Approve the Body's annual memory.

c) Meeting the cooperation agreements with the Autonomous Communities.

d) Know about the acquisition by the negotiated procedure system, in the legally anticipated cases, of the necessary equipment for the development of the research tasks.

e) Propose the creation or participation in the capital of commercial companies, the object of which is the carrying out of scientific research or technological development activities or the provision of technical services related to the purpose of these measures, in accordance with the provisions of Article 19.1 of Law 13/1986 of 14 April, on the Promotion and General Coordination of Scientific and Technical Research.

f) Approve the Agency's preliminary draft budget and report annually the basic lines of its preparation.

g) Adopt initiatives for the Ministry of Science and Technology to propose to the Inter-Ministerial Science and Technology Commission the Sectoral Programs corresponding to the Institute's activities.

h) Know about the Agency's personnel policy and, in particular, the initiatives on organic structure modification that could be raised by the Director-General of the Agency.

i) Know about hiring, in temporary employment, of scientific and technical staff.

j) Know about the proposal for calls for grants and awards funded by the Agency.

k) Know about the hiring of technical or research services.

(l) Velar for the implementation of the Sectoral and National Programs of Scientific Research and Technological Development assigned to it by the Ministry of Science and Technology and the Inter-Ministerial Commission of Science and Technology.

Article 7. The Management Committee.

1. It shall be composed of the Director-General of the IEO who holds the Presidency and the Deputy Directors-General of the Agency. Acts as Secretary General Secretary of the IEO.

2. It is for the Management Committee to develop the guidelines established by the Rector Board, to ensure compliance and, in general, to work with the Director in the coordination and administration of the Agency.

3. The Management Committee shall meet in ordinary session at least once a month and, in extraordinary session, when deemed necessary by the President or at the request of the majority of its members.

4. The Chairman may convene the meetings of the Management Committee, where appropriate, to the Directors of the Oceanographic Centres, as well as to the holders of other IEO bodies, or to persons other than the same, all of them in quality. of advisors.

Article 8. The President of the Institute.

1. The Chair of the IEO is the Secretary of State for Science and Technology Policy.

2. The President's role is the institutional representation of the Agency; the Presidency of its Governing Council; the approval of expenditure and the management of the Agency's payments in excess of 100 million pesetas (601,012.10 euros); of contracts and agreements involving economic commitments exceeding 100 million pesetas (601,012,10 euro), and the accountability of the body.

Article 9. Acts and resolutions of the President.

According to the provisions of Article 82 of Law 50/1998 of 30 December 1998, of fiscal, administrative and social order measures, the acts and resolutions of the President do not end the administrative route. To stand against the same appeal before the Minister of Science and Technology.

Article 10. The Vice President.

1. The Vice Presidency of the IEO corresponds to the Secretary-General of Scientific Policy.

2. The Vice President's duties are the replacement of the President in cases of absence, vacancy or illness, and the performance of any duties expressly entrusted to him or delegated by the President.

Article 11. The Director General.

1. The Director General of the IEO will be appointed and separated from his position by Royal Decree, on a proposal from the head of the Ministry of Science and Technology.

2. These are the functions of the Director-General:

a) Address the actions of the Agency in accordance with the guidelines established by the Rector Council and its President.

b) Develop the preliminary draft budget to be submitted to the Governing Council.

c) Exercise the management of the Agency's staff and services.

d) The signing of contracts and agreements up to a sum of 100 million pesetas (601,012,10 euros).

e) The approval of the expenditure and the management of the Agency's payments up to a sum of 100 million pesetas (601,012,10 euros).

f) Establish evaluation mechanisms for the best control of projects developed by the Agency.

g) Play the Vice Presidency 1.a of the Governing Council.

h) Chair of the Body Management Committee.

i) To perform as many functions as are expressly entrusted to or delegated to you by the President or the Governing Council.

3. The Director-General shall have an Advisory Scientific Committee as a support and advisory body for the performance of his/her duties.

This Committee will be chaired by the Director General of the Agency and will form part four researchers of the institute itself and six national or foreign scientists of recognized prestige and accredited experience, all appointed by the Secretary of State for Scientific and Technological Policy, on a proposal from the Director-General of the IEO.

CHAPTER III

Managing Organs

Article 12. Management bodies.

1. The Director-General of the IEO depends on the following management bodies with an organic level of Subdirectorate-General: The General Secretariat for Research and the General Secretariat.

2. They also rely on the Director-General for oceanographic centres and administrative units for national and international coordination.

3. The Intervention Delegated to the IEO, with the level determined in the relation of jobs, shall be attached to the Director General of the Agency, without prejudice to its functional dependence on the General Intervention of the Administration of the Status.

Article 13. Sub-Directorate-General for Research.

1. The following functions are assigned to the General Research Subdirectorate:

(a) The planning, coordination and evaluation of the scientific activity of the Agency in the field of fisheries, marine aquaculture and the study of the marine environment.

b) The programming of the editorial line of the scientific publications of the Institute.

From the General Research Sub-Directorate, the ship units, oceanographic data and training of the scholarship staff depend.

2. The Deputy Director-General for Research replaces the Director-General in the event of absence, vacancy or illness.

Article 14. General Secretariat.

The General Secretariat is responsible for planning, coordination and evaluation in the field.

for human resource management, economic management, financial management, budget management, wealth management and accounting, administrative procurement, IT and communications, library, internal regime, maintenance of common services and general registration.

CHAPTER IV

Structure and operation of oceanographic centres and other infrastructures

Article 15. The oceanographic centres.

The oceanographic centers of the IEO, together with the headquarters of Madrid, are the organic units in which the activities of research and delivery of scientific and technical services are developed.

The oceanographic centres are created and deleted by Order of the Minister of Science and Technology, with prior approval from the Minister of Public Administration. Its internal organisation, which may be attached to marine crop plants in its case, shall be determined in the relevant employment relationship.

Article 16. Infrastructure.

1. For coastal and offshore work, the IEO has a fleet of oceanographic vessels and other small vessels.

2. For the temporary monitoring of the sea level and the tidal system, the IEO has an attached sea level control network, composed of tidal stations.

CHAPTER V

Creating R & D Units

Article 17. Creation of R & D units

1. The Spanish Oceanography Institute will be able to participate in the creation and maintenance of joint research and development units and shared ownership, with universities and other public or private bodies.

2. The President of the IEO shall regulate the conditions, procedures and arrangements for institutional collaboration with the bodies referred to in the previous paragraph.

CHAPTER VI

Economic and Personal Regime

Article 18. Estate regime.

1. The assets of the IEO shall be that provided for in Article 48 of Law 6/1997 of 14 April and in the supplementary legislation.

2. In addition to the assets that make up its assets, the Agency shall be assigned to the fulfilment of its purposes:

a) The products and income of your estate.

(b) State-owned property assets whose membership is agreed in accordance with the provisions of Articles 80 and following of the State Heritage Act, which shall retain their original legal status and which may only be used for the purposes of their purposes, corresponding to the IEO's use, administration and any prerogatives relating to the public and heritage domain are legally established.

(c) The specific consignations assigned to them in the General Budget of the State.

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

e) The ordinary and extraordinary income that you are entitled to receive, according to the arrangements for which you are governed.

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

g) The income derived from holdings held by the Institute as a shareholder in the commercial companies for purposes linked to the activity of the Agency.

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

3. The Spanish Oceanography Institute will keep up to date its inventory of goods and rights, both own and attached, with the exception of those of a fungible character. The inventory shall be reviewed annually, with reference to 31 December and shall be submitted for approval by the President of the Agency, which shall be forwarded to the Ministry of Finance.

Article 19. Recruitment scheme.

The IEO shall be governed by the general rules for the procurement of 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. However, the arrangements for the procurement of the body shall include the specialities provided for in Article 19 of Law 13/1986 of 14 April 1986 on the Promotion and General Coordination of Research, as provided for in Article 19 of the Treaty. Scientific and Technical.

Article 20. Budgetary, economic and financial arrangements for accounting, intervention and financial control.

The budgetary, economic, financial, accounting, intervention and financial control of the IEO will be established for the autonomous organizations by the General Budget Law and other provisions in force in the (a) in accordance with the specifications contained for the public research bodies in Article 61 of Law 50/1998 of 30 December 1998 on fiscal, administrative and social measures.

Article 21. Staff scheme.

1. The staff of the IEO shall be composed of:

(a) The official staff seconded to the IEO, including the research and research support staff.

b) Fixed and temporary staff employed by the IEO.

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

(d) Staff engaged in practices for their scientific and technical training, in accordance with Article 17 (b) of Law 13/1986, of 14 April.

2. The training staff will not have a legal working relationship with the IEO, and will be integrated by those who carry out activities to extend their training through pre-doctoral, post-doctoral and research grants, or from any other nature, in accordance with its specific rules.

3. The IEO may also have staff who are in university or vocational education or training or conduct practices leading to the acquisition of academic qualifications, by means of prior formalisation of the relevant agreements with universities or other educational institutions issuing formal qualifications.

4. The IEO shall select and recruit the temporary staff, in accordance with the general rules applicable to the Public Administrations.