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Royal Decree 950/1997, Of 20 June, Which Establishes The Basic Organizational Structure Of Different Autonomous Organizations Of The Ministry Of Agriculture, Fisheries And Food.

Original Language Title: Real Decreto 950/1997, de 20 de junio, por el que se establece la estructura orgánica básica de diferentes Organismos autónomos del Ministerio de Agricultura, Pesca y Alimentación.

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TEXT

By Royal Decrees 839/1996 of 10 May, and 1890/1996 of 2 August, the basic organic structure of the Ministry of Agriculture, Fisheries and Food was established, with the higher bodies being determined, managers and bodies at the Department's General Subdirectorate level. In order to complete the aforementioned structure, it is now appropriate to adapt the organic structure of the Autonomous Bodies of the Ministry to the same structure.

To make this restructuring effective, the profound reform that has recently taken place in some autonomous bodies of the Ministry, in particular by Royal Decree 1055/1995 of 23 June, must be taken into consideration. It was the elimination of the autonomous agency Instituto de Fomento Asociativo Agrario (IFA), and the recasting of the National Institute of Agrarian Reform and Development (IRYDA) and the National Institute for the Conservation of Nature (ICONA) in the Autonomous body National Parks, currently dependent on the Ministry of the Environment Environment, as well as the recasting, by Royal Decree 2205/1995, of December 28, of the autonomous organizations Fund for the Management and Regulation of Agricultural Productions and Prices (FORPPA) and the National Service of Agricultural Products (SENPA) in the Agency Spanish Agricultural Guarantee Fund (FEGA), whose basic structure has already been established by Royal Decree 1890/1996 of 2 August.

As a result of the above, in addition to the aforementioned Spanish Agricultural Guarantee Fund, the following autonomous bodies remain attached to the Ministry of Agriculture, Fisheries and Food: the National Institute Agricultural and Food Research and Technology (INIA), the Spanish Institute of Oceanography (IEO), the Fund for Regulation and Organization of the Market for the Products of Marine Fisheries and Crops (FROM), the Agency for Olive Oil (AAO) and the State Entity for Agricultural Insurance (ENESA).

In its virtue, on the proposal of the Ministers of Public Administrations and of Economy and Finance, in agreement with the Ministry of Agriculture, Fisheries and Food, and after deliberation of the Council of Ministers at its meeting of the day June 20, 1997,

D I S P O N G O:

CHAPTER I

National Institute for Agricultural and Food Research and Technology

Article 1. Nature and legal status.

1. The National Institute of Agricultural and Food Research and Technology (INIA) is an autonomous agency, attached to the Ministry of Agriculture, Fisheries and Food through the Secretariat, to which Law 13/1986 of 14 April, of General Coordination of Scientific and Technical Research, defines as Public Research Body.

2. The National Institute of Agricultural and Food Research and Technology has its own legal personality and capacity to act for the fulfillment of its purposes, and it is governed by its actions as established in the Law of Promotion and Coordination. General of Scientific and Technical Research, in the General Budget Law and in the other provisions applicable to it.

Article 2. Functions.

It is for the National Institute of Agricultural and Food Research and Technology to develop the functions provided for the public research bodies in Article 14 of Law 13/1986 of 14 April, Promotion and General Coordination of Scientific and Technical Research, and in particular the following:

1. To represent the Department before the scientific and technological bodies and agencies of national and international in agricultural and food matters, in coordination with the Ministry of Foreign Affairs regarding the representation The international community to carry out the Institute.

2. Manage and execute the competencies of the General Administration of the State in the area of scientific research and technological innovation in agricultural and food matters.

3. Promote national and international cooperation in the area of agricultural and food research, in particular with the Autonomous Communities, through the Committee of Agrarian Research.

4. Develop, coordinate and manage the Department's agricultural and food R & D Sectoral Programme.

Article 3. Governing bodies.

The governing bodies of the National Institute of Agricultural and Food Research and Technology are as follows:

1. The President of the Institute.

2. The Governing Council.

Article 4. President of the Institute.

The President of the Institute, with the rank of Director General, shall have the direction of the Institute's activities and services, and shall have its representation in all manner of acts and contracts and other attributions which may (a) correspond under the legislation applicable to the autonomous bodies of the General Administration of the State, as well as the Presidency of the Committee on Agricultural Research, regulated by Ministerial Order of 8 January 1987.

Article 5. Governing Council.

The Governing Council of the National Institute for Agricultural and Food Research and Technology is composed of the following members:

1. The President, the President of the Institute, shall be responsible for the following tasks:

a) Convening and chairing Council meetings.

b) Set the agenda for your meetings.

(c) Vellar for compliance with the Governing Council agreements and the Government's provisions affecting the Institute.

d) The formal representation of the Governing Council, to the effects of coordination and external relations.

e) Perform the functions that are delegated to you by the Rector Board.

f) Deciding in cases of urgency, giving account of these agreements to the full Board of the Rector in the first session to be held.

g) Prepare the issues to be presented to the full Board of Rector.

2. The following Vocals:

(a) A representative of the Joint Committee of the Congress-Senate for Scientific Research and Technological Development, provided for in the additional provision of Law 13/1986 of 14 April, for the Promotion and General Coordination of the Scientific and Technical Research. His term of office will be two years.

b) Three representatives of ministerial departments or agencies of the administration with competence in the field of scientific and technical research. They shall be appointed by the holder of the Ministry of Agriculture, Fisheries and Food, on a proposal from the Inter-Ministerial Committee on Science and Technology. His term of office will be four years.

(c) Five representatives of the Ministry of Agriculture, Fisheries and Food, appointed by its holder. His term of office will be four years.

(d) A representative of each of the agricultural professional organizations, appointed by the holder of the Ministry of Agriculture, Fisheries and Food, among those who have national implementation and at the proposal thereof. His term of office will be four years.

e) Four representatives of companies in the agricultural and food sectors, appointed by the head of the Department. His term of office will be four years.

(f) The first Vice-President of the Committee on Agricultural Research, regulated by Ministerial Order of 8 January 1987.

g) Three scientists of recognized prestige, appointed by the head of the Department on a proposal from the Committee of Agricultural Research. Of the three, at least one must be from the National Institute of Agricultural and Food Research and Technology and at least one from the Autonomous Communities. His term of office will be four years.

h) The Secretary-General and the Deputy Director-General for Research and Technology at the National Institute for Agricultural and Food Research and Technology.

i) A representative of the Functional Coordination Committee of Autonomous Research and Experimentation Organizations appointed by the head of the Ministry of Agriculture, Fisheries and Food, on a proposal from the President of the Ministry of Agriculture, Committee, in accordance with the provisions of Article 3 of Royal Decree 574/1997 of 18 April 1997.

3. He will act as Secretary of the Governing Council, with voice and vote, the Deputy Director-General for Prospective and Programme Coordination at the National Institute for Agricultural and Food Research and Technology.

4. Fifty per cent of the vocalias whose term of office is four years shall be renewed alternately every two years.

5. The Governing Council, to be convened by the President, shall meet at least once a year in ordinary session, and in extraordinary meetings on the initiative of its President or at the request of at least one third of the Vocals.

6. The following functions are for the Governing Board:

(a) Approve the general lines of action of the Agency, in accordance with the guidelines of the national scientific and technical policy on agricultural and food matters, as well as the resources necessary to achieve the objectives marked scientists and technicians.

b) Report the Sectoral Program of Agricultural and Food Research and Development of the Ministry of Agriculture, Fisheries and Food before being submitted to the relevant procedures for final approval and incorporation into the National Plan for Research and Development.

c) Report any other sector-specific programs developed by the National Institute of Agricultural and Food Research and Technology before being submitted to the relevant procedures for their final promotion.

d) Report on the multi-annual plans on the human and material resource needs necessary for the development of the Agency's activities.

e) To know the decisions of creation, modification and deletion of centers and units of research and development that are adopted by the Institute, in accordance with the organizational regulations applicable in each case.

f) Learn about the evolution of the Scientific and Technical Research Programs related to the agricultural and food sectors.

g) Report the Agency's preliminary draft budget and memory annually.

h) To know the national and international conventions signed by the National Institute of Agricultural and Food Research and Technology.

i) Collaborate on the actions of technology transfer and dissemination of research results.

j) Any other attributed to you by the Ministry of Agriculture, Fisheries and Food.

Article 6. Basic organic structure.

The President of the Institute depends on the following units with an organic level of Subdirection General:

1. General Secretariat, which corresponds to the management of personnel, budget, internal regime, maintenance, conservation, management of supplies and administrative procurement, legal technical support, documentation, library and publications, as well as matters relating to works and the classification of products. The Secretary-General shall perform the Secretariat of the Committee on Agricultural Research and replace the President of the Institute in the event of absence, vacancy or illness.

2. Sub-Directorate-General for Prospective and Programme Coordination, which develops, coordinates, develops and evaluates agri-food research and technology programmes, and reports on the issues to be submitted to the Coordinating Committee Agricultural research, whose second Vice-Presidency assumes its holder. It is also up to them to carry out prospective studies on vacancies, development and new guidelines for agricultural and food research and technological development, to coordinate and promote the dissemination and use of the results of the research, as well as the development of the ongoing training and retraining programme for research staff. It also performs the functions of coordination and cooperation in relation to Community and international research and agri-food technology programmes, without prejudice to the powers conferred on the Ministry of Foreign Affairs, and, in particular, the Secretariat of State for Foreign Policy and for the European Union in Community-wide relations.

3. Deputy Directorate-General for Research and Technology, which is responsible for the management of research centres dependent on the Institute and for the scientific and technical activities carried out in the development and implementation of the agri-food research and technology.

CHAPTER II

Spanish Oceanography Institute

Article 7. Nature and legal status.

1. The National Institute of Oceanography (IEO) is an autonomous agency, attached to the Ministry of Agriculture, Fisheries and Food through the General Secretariat of Maritime Fisheries, to which Law 13/1986, of 14 April, of Promotion and Coordination General of Scientific and Technical Research, defines as Public Research Body.

2. The Spanish Institute of Oceanography has its own legal personality and ability to act for the fulfillment of its aims and is governed by its actions as established in the Law of Promotion and General Coordination of Scientific Research and Technical, in the General Budget Law and in other provisions applicable to it.

Article 8. Functions.

The Spanish Institute of Oceanography is responsible for the development of the functions provided for in Article 14 of Law 13/1986 of 14 April, for the General Development and Coordination of Scientific and Technical Research, and in particular, the following:

1. 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.

2. Develop, coordinate and manage research programmes of a multidisciplinary oceanographic character, with particular attention to their influence on living resources.

3. Represent the Department in international scientific forums related to oceanography and fisheries, in coordination with the Ministry of Foreign Affairs.

Article 9. Governing bodies.

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

1. The President.

2. The Governing Council.

Article 10. President of the Agency.

The President of the Agency is the Secretary General of Maritime Fisheries. The President has the representation of the Agency in all manner of acts and contracts and other attributions that correspond to him under the legislation applicable to the autonomous agencies of the General Administration of the State. Likewise, the President, who will also be the Rector Council, has the representation of the Institute before National and International Organizations.

Article 11. Governing Council.

The Governing Council of the Spanish Oceanography Institute is made up of the following members:

1. The President, who may delegate to the Vice-President, shall be assigned the following tasks:

a) Convening and chairing Council meetings.

b) Set the agenda for your sessions.

(c) Vellar for compliance with the Governing Council agreements and the Government's provisions affecting the Institute.

(d) Convocation the meetings of the Governing Council to persons of the Institute or others as advisors.

e) The formal representation of the Governing Council, to the effects of coordination and external relations.

f) Perform the functions that are delegated to you by the Rector Board.

g) Deciding in cases of urgency, giving account of these agreements to the full Board of the Rector in the first session to be held.

h) Prepare the issues to be presented to the full Board of Rector.

2. The Vice-President, who shall be the Director of the Agency, shall replace the President in the event of absence, vacancy or illness.

3. The following Vocals:

(a) A representative of the Joint Committee of Congress-Senate for Scientific Research and Technological Development, provided for in the additional provision of Law 13/1996, of 14 April, for the Promotion and General Coordination of the Scientific and Technical Research.

b) Three representatives of ministerial departments or agencies of the administration with investigative powers, of which one of them will be the President of the Higher Council of Scientific Research. The remaining representatives shall be appointed by the holder of the Ministry of Agriculture, Fisheries and Food, on a proposal from the Inter-Ministerial Science and Technology Commission.

(c) Three representatives of the Ministry of Agriculture, Fisheries and Food with the rank of Director-General, appointed by its holder, two of which shall belong to the General Secretariat for Maritime Fisheries.

(d) Three representatives of the fisheries and aquaculture sector, appointed by the head of the Department among the most representative organisations of the sector and on a proposal from them.

e) Three representatives of the Autonomous Communities with littoral, members of the Sectoral Fisheries Conference, appointed by the head of the Department, on a proposal from the Sectoral Fisheries Conference.

f) Three scientists of recognized prestige in the oceanographic-fishing field, of which one will be from the Spanish Institute of Oceanography, appointed by the head of the Department.

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

(h) A representative of the Functional Coordination Committee of Autonomous Research and Experimentation Organizations appointed by the head of the Ministry of Agriculture, Fisheries and Food, on a proposal from the President of the Ministry of Agriculture, Committee, in accordance with the provisions of Article 3 of Royal Decree 574/1997 of 18 April 1997.

4. He will act as Secretary of the Governing Council, with voice and vote, the Secretary-General of the Institute.

5. Fifty per cent of the Vocals will be renewed every two years and those due to the charge based on the occupation of the same. Representatives of the Autonomous Communities shall rotate in full each year.

6. The following functions are for the Governing Board:

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

b) Approve the Cooperation Agreements with the Autonomous Communities, as provided for in Article 15.1 of Law 13/1986 of 14 April, for the Promotion and General Coordination of Scientific and Technical Research.

c) Approve the annual activity memory.

(d) to authorize, in advance, pursuant to Article 19 (4) of Law 13/1986, the acquisition, by the negotiated procedure system, of the necessary equipment for the development of the tasks of the research.

e) Approve the proposal for calls for grants and awards funded by the Agency.

(f) Approve the proposals for the creation or participation of the Institute in the capital of commercial companies, the objective of which is to carry out activities of scientific research or technological development or the provision of technical services related to the purposes of these services, in accordance with the provisions of Article 19.1 of Law 13/1986.

g) Adopt initiatives for the Ministry of Agriculture, Fisheries and Food to propose to the Inter-Ministerial Commission for Science and Technology the Sectoral Programmes corresponding to the activities of the Institute to be included in the National Plan for Scientific Research and Technological Development, as provided for in Article 6.2.b) of Law 13/1986.

h) Know the preliminary draft annual budget of expenditure and revenue for the following year and the statement of accounts of the previous financial year, as well as the statement of accounts of the current financial year.

i) To know the credit generation proposals that are made to the holder of the Department, in application of the provisions of Article 18 of Law 13/1986.

j) Know the personnel policy of the Agency and, in particular, the initiatives on modification of organic structure that could be raised by the Director of the Agency.

k) Know the hiring, in temporary employment, of scientific and technical personnel, to be carried out in accordance with the provisions of article 17 of Law 13/1986.

l) Knowing the hiring of technical or research services.

m) Velar for the implementation of the Sectoral and National Programs of Scientific Research and Technological Development assigned to it by the Ministry of Agriculture, Fisheries and Food and by the Inter-Ministerial Commission Science and Technology.

7. The Governing Council 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 will be adopted by a majority of the assistants and in case of a tie, the President's vote will be directed.

8. 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 12. Basic organic structure.

The President of the Spanish Oceanography Institute depends on the following units with an organic level of Subdirection General:

1. Address of the Institute, which corresponds to the Institute's activities and services, as well as the coordination of the activities of the General Secretariat and the General Research Subdirectorate. The Institute's Directorate shall be responsible for the oceanographic centres and administrative units entrusted to the Agency's common services, relating to information technology and national and international coordination.

2. Sub-Directorate-General for Research, which corresponds to the functions of planning and coordination of the scientific activity of the Agency in the field of fisheries, marine aquaculture and the study of the marine environment. The Deputy Director-General for Research shall replace the Director in case of absence, vacancy or disease.

3. General Secretariat, which corresponds to the functions of management in the field of human resources, economic, financial, budgetary and internal management, as well as the library and publications of the Institute.

CHAPTER III

Regulation and Organization of the Market for Fish and Marine Crop Products Fund

Article 13. Nature and legal status.

1. The Fund for Regulation and Organization of the Market for the Products of Marine Fisheries and Crops (FROM) is an autonomous body, established by Law 33/1980, of 21 June, and attached to the Ministry of Agriculture, Fisheries and Food, through the Directorate-General for Fisheries Structures and Markets, the Director-General of which is the Director of the Agency. 2. The Fund has its own legal personality and capacity to act for the purpose of its purposes, and is governed by its rule of law. creation, in the General Budget Law and in the other provisions of application to the Agencies self-employed by the General Administration of the State.

Article 14. Functions.

The Agency, without prejudice to the powers of the Directorate-General for Fisheries Structures and Markets, and in the field of state competence in the field, has the following tasks assigned:

1. The promotion of associations, cooperatives and companies of an extractive, transformative and commercial nature of fishery products and marine crops.

2. The implementation of campaigns promoting the competition of fishery products.

3. The promotion of new products of marine origin or aquaculture.

4. The promotion of systems for the identification and presentation of fishery products.

5. To manage, where appropriate, the stages of the procedure for granting national and Community aid resulting from the Common Organisation of the Markets of the European Union, without prejudice to the powers conferred on it by law, Secretary of State for Foreign Policy and for the European Union.

6. Carrying out studies and reports on the economic plans of national fisheries production.

7. The functions resulting from its action as a national paying agency of the EAGGF Guarantee Section, as provided for in Royal Decree 2206/1995 of 28 December 1995 governing the interadministrative actions relating to the expenditure under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)

8. The development of market orientation functions, leading to the achievement of inter-sectoral prior contracts, concerning quantities, prices and qualities.

Article 15. Basic organic structure.

The Director of the Agency depends on a General Secretariat, with a rank of Subdirectorate General, which will exercise its operational functions in the field of human resources, economic, financial, budgetary and regime management. internal.

CHAPTER IV

State Agrarian Insurance Entity

Article 16. Nature and legal status.

1. The State Entity for Agrarian Insurance (ENESA) is an autonomous body, established in compliance with the provisions of Law 87/1978 of 28 December, which establishes and regulates the combined agricultural insurance, and is attached to the Ministry of Agriculture, Fisheries and Food through the Secretariat.

2. The State Entity of Agrarian Insurance has its own legal personality and ability to act for the fulfillment of its purposes and is governed by the provisions of Law 87/1978, of December 28, in its rule of creation, in the General Law Budget and other implementing provisions to the Autonomous Bodies of the General Administration of the State.

Article 17. Functions.

The State Entity for Agrarian Insurance is assigned the functions set out in Article 49 of Royal Decree 2329/1979 of 14 September, which establishes the Regulations of the Law on Agricultural Insurance Combined, as well as that of collaboration with the Autonomous Communities in these matters.

Article 18. Governing bodies.

The governing bodies of the State Agrarian Insurance Entity are as follows:

1. The President, who shall be the Deputy Secretary of the Department, to whom the representation of the Agency shall correspond in all manner of acts and contracts, as well as the direction of the Agency and other attributions corresponding to it under the legislation applicable to the Autonomous Bodies of the General Administration of the State.

2. The Director of the State Entity for Agrarian Insurance, with an organic level of Deputy Director General, who exercises the executive powers of the entity and replaces the President in case of vacancy, absence or illness.

3. The General Commission for Agricultural Insurance, with the composition and functions set out in the Order of 21 November 1996.

CHAPTER V

Agency for Olive Oil

Article 19. Nature and legal status.

1. The Agency for Olive Oil (AAO) is an autonomous body created by Law 28/1987 of 11 December, and attached to the Ministry of Agriculture, Fisheries and Food through the Secretariat.

2. The Agency has its own legal personality and ability to act in order to comply with its aims and is governed by its Law of Creation, the General Budget Law and the other implementing provisions to the Agencies. self-employed by the General Administration of the State.

Article 20. Structure and functions.

The Agency maintains its current structure and functions, regulated by Royal Decree 1065/1988 of 16 September.

Additional disposition first. Removal of organs.

The following General Subaddresses are deleted:

1. Deputy Director General for Coordination and Programs of the National Institute of Agricultural and Food Technology Research.

2. Deputy Director General of Prospective and Scientific Relations of the National Institute of Agricultural and Food Research and Technology.

3. Deputy Director General of the Spanish Oceanography Institute.

Additional provision second. Regime of the collegiate bodies.

As not provided for in this Royal Decree, the collegiate bodies regulated therein shall be governed in accordance with the provisions of Chapter II of Titu II of the Law of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Units and jobs with an organic level lower than that of the General Subdirectorate.

The units and jobs with lower organic level to the general sub-directorate will continue to remain and will be paid from the same budgetary appropriations until the relations of posts of adapted to the organic structure of this Royal Decree. Such adaptation in no case may lead to an increase in public expenditure.

The units and posts in the organs deleted by this Royal Decree shall be provisionally attached by resolution of the respective President or Director of each Body, until the entry into force of the new employment relationship, to the bodies regulated in this Royal Decree, depending on the privileges assigned to them.

Single repeal provision. Regulatory repeal.

The provisions of this Royal Decree, and in particular:

, are repealed as many provisions are repealed or are incompatible with the provisions of this Royal Decree.

(a) Articles 3.1, 4, 5 and 6 of Decree 1281/1972, of 20 April, on the organic structure of the National Institute of Agricultural Research.

b) Royal Decree 142/1993 of 29 January amending the organic structure of the National Institute of Agricultural and Food Research and Technology (INIA), under the Ministry of Agriculture, Fisheries and Power.

c) The Royal Decree of 24 January 1929 approving the Regulation of the Spanish Oceanography Institute.

d) Royal Decree 883/1981 of 8 May on organic structure and functions of the Fund for Regulation and Organization of the Market for the Products of Marine Fisheries and Crops.

Final disposition first. Powers of development.

The Minister of Agriculture, Fisheries and Food is hereby authorised to take the necessary measures for the development and implementation of this Royal Decree.

Final disposition second. Budgetary changes.

By the Ministry of Economy and Finance, the precise budgetary changes will be made, within the scope of the provisions of Articles 59 to 73 of the recast text of the General Budget Law, for the fulfillment of the provided for in this provision.

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 to June 20, 1997.

JOHN CARLOS R.

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

FRANCISCO ALVEZ-HELMETS FERNANDEZ