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Order Of 3 October 1997 Which Establishes The Regulatory Bases For Granting Scholarships And Bags For Travel Within The Framework Of International Cooperation And Exchange On Health Of The Ministry Of Health And Cons...

Original Language Title: Orden de 3 de octubre de 1997 por la que se establecen las bases reguladoras para la concesión de becas y bolsas de viaje en el marco de las actividades de cooperación Internacional e intercambio en materia sanitaria del Ministerio de Sanidad y Cons...

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TEXT

The Ministry of Health and Consumer Affairs carries out in the field of international relations a series of cooperation and exchange activities in the field of training of health specialists. In this context, the activities of international cooperation and exchange are also carried out through the award of grants, travel bags and, in general, various types of aid. These activities contribute to the implementation of the planning and the corresponding programming in the field of international cooperation of the Ministry and to the implementation of the plan of action of international cooperation of the General Administration of the State.

This Order lays down the basis for the different calls to be made in order to comply with the training and exchange programmes in the field of health training. provide for the international cooperation action plan of this Ministry.

The present regulatory bases are governed by the provisions of Section 4.a of Chapter I of Title II of the recast text of the General Budget Law, approved by the Royal Decree of Law No 1091/1988 of 23 September 1988, in accordance with the wording of Article 16 of Law 31/1990 of 27 December 1991 on the General Budget of the State for 1991, as amended by Article 135.4 of Law 13/1996 of 30 December 1996 on Fiscal, Administrative and Order Measures Social and by the Rules of Procedure for the Concession of Public Grants, approved by Royal Decree 2225/1993 of 17 December 1993. This Order has been informed by the Legal Service of the State in the Department in accordance with the provisions of Article 81 (6) of the recast text of the General Budget Law.

In its virtue, I have:

Article 1. Object.

1. The purpose of this Order is to regulate the basis for the granting of:

a) Scholarships and bags of studies for the conduct of postgraduate studies.

b) Aid for training and exchange activities.

c) Aid for scientific research and promotion activities.

(d) Other types of aid which relate to training projects included in the annual international cooperation plan of the Ministry of Health and Consumer Affairs.

Article 2. Applicants.

1. Applicants for the aid listed in the previous paragraph may be foreign natural persons or Spanish nationals.

2. Applicants must meet the following requirements:

(a) Possession of a higher university degree than this, if applicable, duly approved.

b) Poseer psycho-physical fitness to cure projected studies.

(c) Not having been a beneficiary of one of the aid granted by the Ministry of Health and Consumer Affairs for the concepts referred to in Article 1 of this Order for a period of at least two years, except in the case of renewal of the grant as a result of the implementation of multi-annual studies.

3. In the case of natural persons of foreign nationality, they must also prove that they have a knowledge of the Spanish language sufficient to carry out the studies to be carried out.

4. Natural persons of foreign nationality who wish to apply for grants or aid covered by this Order must be in a position to comply with the requirements of the legislation in force on foreign nationals.

Article 3. Concession procedure.

1. The calls will be made by way of order, with the contents provided for in Article 4 (3) of the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993, according to the programming of the international health cooperation activities of the Ministry of Health and Consumer Affairs.

2. The applicants, together with the application forms provided for in this notice, shall prove that they fulfil the conditions laid down in Article 2 of this Order which are applicable to them according to their nationality, in the The form is provided for in each Call Order.

3. The requests shall be addressed to the Technical General Secretariat of the Ministry of Health and Consumer Affairs (Subdirección General de Relaciones Internacionales) and may be submitted within the time limits for each call in any of the places provided for in Article 38 (4) of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, including diplomatic representations or consular posts Spain in the countries of the scope of each call.

4. The instruction of the concession procedures shall be carried out by the General Subdirectorate of International Relations, in accordance with the provisions of Article 5 of the Rules of Procedure for the granting of public grants.

Applications shall be valued by a Commission chaired by the holder of the Technical General Secretariat, and shall form part of:

The head of the Subdirectorate General for International Relations, who will act as President in the cases of delegation or replacement of the President of the Commission.

A representative of the Health and Consumer Secretariat.

And an expert on health issues at the service of the Ministry of Health and Consumer Affairs, its autonomous agencies, or the National Institute of Health.

These last two vowels shall be appointed by the holder of the Health and Consumer Secretariat under the proposal of the holder of the Technical General Secretariat.

The Secretary of the Commission shall be an official of the General Subdirectorate of International Relations with a voice and without a vote.

5. This assessment committee shall be governed by the provisions of Chapter II of Title II of Law 30/1992.

Applications will be valued by this Commission in accordance with the criteria to be determined in each Call Order, and may obtain as many reports and clarifications as it deems necessary.

6. Once the applications have been evaluated, the assessment committee will make a reasoned submission to the relevant motion for a resolution, in accordance with the provisions of Article 5.4 of the Rules of Procedure for the Concession of Subsidies. Public, in accordance with the criteria laid down in the respective Order of Call, accompanied by any reports or considerations.

7. Within 15 days of the date of the lifting of the motion for a resolution by the Commission on the assessment, and in the light of that proposal, the Deputy Secretary for Health and Consumer Affairs shall give a reasoned decision, in any event (i) the procedure for the application of the resolution to be adopted. The maximum period for issuing these resolutions shall be six months from the day of the end of the period for the submission of applications.

After the aforementioned six-month period, without any express resolution, the application for a grant or aid may be deemed to be dismissed.

8. The decisions of the holder of the Health and Consumer Affairs Secretariat shall be notified to the persons concerned within 10 days of the date on which they were given, in accordance with the provisions of Articles 58 and 59 of the Law. 30/1992.

9. The decisions referred to in this Article shall bring an end to the administrative procedure and may, where appropriate, bring proceedings against them, subject to administrative and administrative proceedings, subject to the relevant communication to the Deputy Secretary for Health and Consumption, as provided for in Article 110.3 of Law 30/1992.

Article 4. Amount and credit.

1. The financial allocations for grants and grants covered by this Order shall be determined in each Order of Call and in the relevant award decisions, in accordance with the available budget.

2. The payment of the grants or grants awarded will be made in accordance with the respective Order of Call and, in any event, the corresponding tax contributions to which the grants and grants are subject according to the rules in force.

Article 5. Obligations of the beneficiaries.

1. The beneficiaries of the aid and grants covered by this Order are obliged to:

(a) Perform the training, research or activity-related form of the grant or aid within the time limit to be determined in the decision of the grant.

b) Meet the requirements set out in Article 2 of this Order.

(c) In the case of beneficiaries of foreign nationality, comply with the obligations required by the legislation in force on foreign nationals.

d) Submit to the verification and follow-up actions carried out by the services of the General Subdirectorate of International Relations and, where appropriate, the services of the General Intervention of the State Administration, for the purpose of carrying out the financial control of public aid and subsidies for the latter.

e) Facilitating how much information could be required by the Court of Auditors.

f) Communicate to the General Subdirectorate of International Relations the obtaining of other scholarships or aid for the same purpose, granted by other organs of the Public Administrations or public or private entities of any provenance. In such cases, the amount of the aid granted may never be higher, in isolation or in competition with aid from other public authorities, public or private, national, foreign or international, at the cost of the activity to to develop by the beneficiary or the maximum recognised grant of the grant, if any. The amount of the grant or aid may be the subject of an amendment to this cause.

g) Subscribe insurance policies for health care and accidents for the duration of the grant or aid.

2. The verification of data not adjusted to the reality, both in the application and in the documentation provided, may result in the refusal or revocation of the grant or exchange.

3. Within the month following the end of the period of the grant or aid, the beneficiary of the grant or aid shall send the following documentation to the General Secretariat for International Relations:

a) A final memory of the activity performed.

(b) A certification of the centre in which the activity or object of the grant or aid has been carried out.

(c) Other documents to be determined in each Order of call for attention to the peculiarities of the activity awarded or subsidised.

4. In accordance with Article 81 (9) of the recast text of the General Budget Law, approved by the Royal Decree of Law No 1091/1988 of 23 September 1988, the beneficiaries of the grants or aid covered by the This Order shall be made to the reimbursement of the amounts collected together with the relevant interest on late payment, in the following cases:

(a) Failure to comply with the obligations laid down in this Article.

b) Interruption of the activity which is the subject of the grant or grant or non-grant by the beneficiary.

c) Obtaining the grant or aid without meeting the requirements set out in this Order and in the remaining legislation in force.

5. To this end, the Subdirectorate-General for International Relations shall initiate the corresponding refund procedure, which shall be processed in accordance with Article 8 (2) of the Rules of Procedure for the Concession of Public subsidies and the Order of 23 July 1996 on the allocation of powers in respect of the procedure for the recovery of aid and public subsidies.

6. The beneficiaries of these grants or aid shall be subject to the responsibility and sanctioning regime governed by Article 82 of the recast text of the General Budget Law.

Final disposition first. Applicable rules.

In all that is not provided for in this Order, the provisions of Section 4.a of Chapter I of Title II of the recast text of the General Budget Law, approved by the Royal Legislative Decree 1091/1988, shall apply. 23 September, in accordance with the wording of Article 16 of Law 31/1990 of 27 December 1990 on the General Budget of the State for 1991, as amended by Article 135.4 of Law 13/1996 of 30 December 1996 on Tax Measures, Administrative and Social Order and the Rules of Procedure for the Concession of Grants Public, approved by Royal Decree 2225/1993 of 17 December.

Final disposition second. Entry into force.

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

Madrid, 3 October 1997.

ROMAY BECCARIA

Ilmos. Mr Deputy Secretary for Health and Consumer Affairs and Secretary-General.