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Royal Decree 121/1998 Of 30 January, Amending Royal Decree 1887 / 1996, Of 2 August, From Basic Organic Structure Of The Ministry Of Education And Culture.

Original Language Title: Real Decreto 121/1998, de 30 de enero, por el que se modifica el Real Decreto 1887/1996, de 2 de agosto, de estructura orgánica básica del Ministerio de Educación y Cultura.

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TEXT

The Inter-Ministerial Committee on Science and Technology, established by Law 13/1986 of 14 April, on the Promotion and General Coordination of Scientific and Technical Research, and as amended by Article 155 of Law 13/1996, of In December 1997, the Council agreed to the creation of a Science and Technology Office, with coordination and support functions for the Inter-Ministerial Commission on Science and Technology. and Technology, attached to the Presidency of the Government.

This reorganization involves the abolition of the two Directorates-General currently existing in the Secretariat of State for Universities, Research and Development, assuming a new Directorate-General for Higher Education and Scientific research the functions that until now have been performed by those management centers, except those that the Office of Science and Technology of the Presidency of the Government must assume.

In its virtue, at the initiative of the Minister of Education and Culture, on the proposal of the Minister of Public Administration and after deliberation of the Council of Ministers at its meeting of 30 January 1998,

D I S P O N G O:

Single item. Amendment of Royal Decree 1887/1996.

Articles 1, 2, 3 and 4 of Royal Decree 1887/1996 of 2 August 1996 are amended in the following terms:

1. Article 1 (7) is worded as follows:

" The Minister of Education and Culture also holds the First Vice-Presidency of the Inter-Ministerial Commission on Science and Technology, in accordance with the provisions of Article 7 (1) of Law 13/1986 of 14 April Promotion and General Coordination of the Law of Scientific and Technical Research, in the wording given to it by article 155 of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures. The Chair of the Standing Committee of the Commission is also present. "

2. Article 2 (1) is worded as follows:

" 1. The Secretariat of State for Universities, Research and Development exercises the powers provided for in Article 14 of Law 6/1997 of 14 April, without prejudice to the higher management of the State, in respect of the units which are dependent on it. Minister.

In particular, the following functions correspond to:

(a) The coordination, support and supervision of the activities related to the management, programming and management of the Department in the field of higher education, as well as the management of the access tests.

b) The promotion and monitoring of the programming and activities of the Department in the field of scientific and technical research.

(c) The Vice-Presidency of the Standing Committee of the Inter-Ministerial Commission on Science and Technology, in the terms set out in its regulatory standards.

d) The promotion, coordination and monitoring of the activities of the National Plan of Scientific Research and Technological Development.

e) International relations in the field of scientific education and research, which correspond to the Secretariat of State, in coordination with the Ministry of Foreign Affairs, and without prejudice to the powers of the Ministry of Foreign Affairs to the Inter-Ministerial Committee on Science and Technology and the Assistant Secretary for Education and Culture.

2. It depends on the Secretariat of State of Universities, Research and Development, without prejudice to the superior direction of the head of the Department, the General Directorate of Higher Education and Scientific Research.

3. It is attached to the Ministry of Education and Culture through the Secretariat of State of Universities, Research and Development, the National Agency for Evaluation and Prospective, with an organic level of Subdirección General, which will exercise the following functions:

(a) Make with objectivity and independence the areas assigned to it by the Permanent Commission of the Inter-Ministerial Commission of Science and Technology, both as regards the scientific-technical evaluation of the research teams involved in the implementation of the National Plan programmes, as well as the monitoring of their results.

b) To carry out the studies and prospective analyses in the field of scientific research and technological development entrusted to it by the Permanent Commission of the Inter-Ministerial Commission of Science and Technology.

c) Carry out the evaluation activities entrusted to you by the Secretary of State in the field of programs managed by the Directorate-General for Higher Education and Scientific Research.

4. As a body of immediate assistance to the Secretary of State, there is a Cabinet with an organic level of Subdirección General, with the structure established in Royal Decree 839/1996 of 10 May.

5. The Higher Council of Scientific Research is attached to the Department through the Secretariat of State of Universities, Research and Development and is governed by Royal Decree 140/1993, of January 29.

6. They are administratively related to the Ministry of Education and Culture, through the Secretariat of State of Universities, Research and Development:

(a) The Council of Universities, regulated in Title III of the Organic Law 11/1983, of 25 August, of University Reform, and in the Royal Decrees 552/1985, of 2 April, and 1212/1985, of July 17.

b) The Instituto de Astrofísica de Canarias, regulated by Law 13/1986 of 14 April, and Royal Decree 795/1989 of 23 June.

c) The National University of Distance Education.

d) The International University "Menendez Pelayo".

(e) The Institute of Spain and the Royal Academies integrated in the latter, without prejudice to the joint exercise with the Secretariat of State of Culture of the functions that affect matters peculiar to the field of competence of the latter.

7. The College of Spain in Paris is functionally dependent on the Ministry of Education and Culture, through the Secretariat of State for Universities, Research and Development. "

3. Article 3 is amended as follows:

" 1. The Directorate-General for Higher Education and Scientific Research exercises the following competencies:

a) The design and planning of the innovation policy of higher education and the improvement of its quality.

b) The preparation of the basic standards entrusted to the State regarding higher education and access to the University.

(c) Coordination and high inspection in the field of higher education, without prejudice to the competencies attributed to the Council of Universities in Article 23 of the Organic Law 11/1983, of 25 August, of Reform University.

(d) The approval of diplomas of private universities and centres attached to public universities, the recognition for civil purposes of studies of the universities of the Church and the declaration of equivalence or approval of degrees to official university students.

e) Those that correspond to the Department regarding the training of specialists in Health Sciences, as well as the relations with the health institutions.

f) The granting of Spanish titles of specialties in Health Sciences and the approval of foreign titles in the same specialties.

g) The training and mobility of university teaching staff and research staff.

h) The promotion and dissemination of scientific knowledge.

i) International relations in the field of the competencies of the Directorate-General.

j) The management of the programmes of the National R & D Plan financed from the National Fund.

(k) The management of the Structural Funds for Research and Development, the funds allocated for the same purpose from the European Union, and those whose administration is entrusted to it by the Inter-Ministerial Committee on Science and Technology.

l) Budgetary, economic and financial management in the field of the management centre and in coordination with the Directorate-General for Economic Programming and Budgetary Control, as well as the administrative management of the infrastructure of the Directorate-General.

2. The Directorate-General for Higher Education and Scientific Research is structured in the following units with an organic level of Subdirection General:

(a) Subdirectorate-General for Legal Regime and University Coordination, which shall exercise the functions assigned to the management centre in paragraphs (a), (b), (c) and (d) of the previous paragraph.

(b) Subdirectorate-General for Specialties in Health Sciences, which shall exercise the functions assigned to the steering centre in paragraphs (e) and (f) of the previous paragraph.

(c) Subdirectorate-General for Training, Perfecting and Mobility of Researchers, which shall exercise the functions assigned to the Steering Centre in paragraph (g) of the previous paragraph.

(d) Subdirectorate-General for Scientific and Technical Research Projects, which shall exercise the functions assigned to the steering centre in paragraphs (h) and (j) of the previous paragraph.

(e) General Sub-Directorate of Infrastructure and Scientific Policy Actions, which shall exercise the functions assigned to the management centre at the parra (i) and (k) of the previous paragraph.

(f) Deputy Director-General for Economic Management, who shall exercise the functions of the internal arrangements, as well as the administrative and budgetary management of the matters referred to in paragraph (i) of the previous paragraph and other matters of the Directorate-General. "

4. Article 4 of Royal Decree 1887/1996 of 2 August 1996 is deleted.

Additional disposition first. Removal of organs.

The following organs are deleted:

(a) General Directorate of Higher Education.

b) Directorate-General for Research and Development.

c) Subdirectorate General for Training and Promotion of Knowledge.

d) General Infrastructure and International Relations Subdirectorate.

e) Deputy Secretary General of the National Plan for Scientific Research and Technological Development.

f) Subdirectorate General for International Relations of Research and Development.

g) Deputy Director General of National Scientific Coordination.

h) Deputy Director General for Economic Management.

Additional provision second. Amendment of Royal Decree 80/1997 of 24 January determining the composition of the Interministerial Committee on Science and Technology.

Articles 1 and 2 of Royal Decree 80/1997 of 24 January, determining the composition of the Interministerial Committee on Science and Technology, which are drawn up as follows:

" Article 1. Composition of the Interministerial Committee on Science and Technology.

The Inter-Ministerial Committee on Science and Technology, an organ of planning, coordination and monitoring of the National Plan for Scientific Research and Technological Development, will have the following composition:

1.o President: The President of the Government or Deputy Prime Minister.

2.o Vice President 1.o: The Minister of Education and Culture.

3.o Vice President 2.o: The Minister of Industry and Energy.

4.o Vocals:

(a) The Secretary of State for Economic Affairs of the Ministry of Economy and Finance.

b) The Secretary of State for Universities, Research and Development of the Ministry of Education and Culture.

(c) The Secretary of State for Energy and Mineral Resources of the Ministry of Industry and Energy.

d) The Deputy Director of the Cabinet Office of the Government.

e) The Secretary-General of Employment of the Ministry of Labour and Social Affairs.

(f) The Director of the Department of Education and Culture of the Cabinet of the Presidency of the Government.

g) The Director-General of Cultural and Scientific Relations of the Ministry of Foreign Affairs.

h) The Director General of Armament and Material of the Ministry of Defense.

i) The Director General of Analysis and Budget Programming of the Ministry of Economy and Finance.

j) The Director-General of the Center for Studies and Experimentation of Public Works of the Ministry of Public Works.

k) The President of the Higher Scientific Research Council of the Ministry of Education and Culture.

l) The Director-General of Higher Scientific Research of the Ministry of Education and Culture.

m) The Director-General of Industrial Technology and Safety at the Ministry of Industry and Energy.

n) The Director-General of the Centre for Industrial Technological Development of the Ministry of Industry and Energy.

n) The Director-General of the National Institute of Agricultural and Food Research and Technology of the Ministry of Agriculture, Fisheries and Food.

o) The Director of the Health Institute "Carlos III" of the Ministry of Health and Consumer Affairs.

p) The Environmental Quality and Assessment Director of the Ministry of the Environment.

5.o Secretary: The Director of the Office of Science and Technology of the Government Presidency.

Article 2. Composition of the Standing Committee of the Inter-Ministerial Committee on Science and Technology.

The Standing Committee of the Inter-Ministerial Science and Technology Commission will be composed of the following members:

1.o President: The Minister of Education and Culture.

2.o Vice President 1.o: The Secretary of State for Universities, Research and Development of the Ministry of Education and Culture.

3.o Vice President 2.o: The Secretary of State for Energy and Mineral Resources at the Ministry of Industry and Energy.

4.o Vocals:

(a) The Secretary of State for Economic Affairs of the Ministry of Economy and Finance.

b) The Deputy Director of the Cabinet Office of the Government.

c) The Director of the Office of Science and Technology.

(d) The Director of the Department of Education and Culture of the Cabinet of the Presidency of the Government.

e) The Director General of Analysis and Budget Programming of the Ministry of Economy and Finance.

f) The Director-General of Industrial Technology and Safety at the Ministry of Industry and Energy.

g) The Director-General of Higher Education and Scientific Research of the Ministry of Education and Culture.

5.o Secretary: The Deputy Director-General for Coordination and Management of the Office of Science and Technology of the Presidency of the Government, who will act with a voice but without a vote. "

Single transient arrangement. Units and positions of lower rank to Subdirectorate General.

The units and jobs with a lower organic level to the general sub-directorate will remain subsisting and will be paid from the same budgets until the corresponding positions of posts are approved. work adapted to the organic structure approved by this Royal Decree. Such adaptation, in no case can generate increase of public expenditure and, even, the possible decrease in cost that can suppose the application of the present Royal Decree will not be able to be compensated in future restructurings or to finance changes in the relationship between jobs.

The units and jobs in the organs suppressed by this Royal Decree that are not affected by the provisions of the single transitional provision of Royal Decree 111/1998 of 30 January, for which The Office of Science and Technology in the Presidency of the Government, will be provisionally attached by resolution of the Under-Secretary, until the new relationship of jobs, to the new regulated organs in this Royal Decree according to the attributions assigned to them.

Final disposition first. Powers of development.

The Minister of Education and Culture is hereby authorized to take the necessary measures for the development and implementation of this Royal Decree, after the appropriate legal procedures have been completed.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out 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".

Dado en Madrid, a 30 de enero de 1998.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY