Law 25/1964 of 29 April on Nuclear Energy created the Nuclear Energy Board, assigning it a whole series of functions of character, both executive and research. The importance and development acquired by nuclear energy over the last few years assumed that, after the creation of the Nuclear Safety Council in Law 15/1980, of 22 April, they have been degassed, of the original functions assigned to the the Board, those of an executive character, which determined that this body be included in Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, as a public body of investigation, with the Name of Centre for Energy, Environmental and Technological Research (CIEMAT).

Consequently, with the above mentioned normative background, the Center for Energy, Environmental and Technological Research aims, in its capacity as a technological research center, dependent on the Ministry of Energy. The Committee on Energy, Research and Energy has been working on the interlinking of basic research and those applied research projects which can be carried out in the field of energy. collaboration with both energy and industrial companies, while receiving This is the last of those technological advances that make it possible to improve business competitiveness in safe and environmentally friendly production processes.

Therefore, this Royal Decree seeks to define the functions that correspond to the Center for Energy, Environmental and Technological Research, both in its capacity as a public body of research and in its calling for service to the Spanish industry, establishing the mechanisms to ensure collaboration between this body and the various forums, both national and international, whose activity has a direct impact on the execution of a Research and development policy (R & D).

Consequently, an organic structure is proposed in which there is a clear differentiation between those areas whose activity is focused on the technological and research fields and those that need to be supported. and ensure proper management within the Center for Energy, Environmental and Technological Research.

The proposed organic structure is carried out in compliance with the provisions of the third final provision of Royal Decree 839/1996 of 10 May, establishing, among others, the basic organic structure of the Ministry of Industry and Energy, and in use of the authorization conferred on the Government by Article 76 of Law 42/1994, of December 30, of Fiscal, Administrative and Social Order Measures, following the same criteria of rationality and decrease in public expenditure which has been present in the ministerial restructurings.

In its virtue, on the proposal of the Ministers of Economy and Finance and of Public Administrations, in agreement with the Ministry of Industry and Energy and after deliberation of the Council of Ministers at its meeting of the 14th of February 1997,

D I S P O N G O:

Article 1. Nature and legal status.

1. The Center for Energy, Environmental and Technological Research (CIEMAT) is an autonomous agency, assigned to the Ministry of Industry and Energy through the Secretariat of State of Energy and Mineral Resources, to which Law 13/1986, 14 April, for the Promotion and General Coordination of Scientific and Technical Research, defines as a public research body.

For the purposes of its economic-financial management, it is included in article 4.1.b) of the recast text of the General Budget Law, approved by Royal Legislative Decree 1091/1988 of 23 September.

2. The Center for Energy, Environmental and Technological Research has its own legal personality and ability to act for the fulfillment of its purposes and is governed by its actions as established in Law 13/1986, of April 14, in the Law of the Legal Regime of the Autonomous State Entities, in the General Budget Law and in the other provisions applicable to it.

Article 2.

The Center for Energy, Environmental and Technological Research aims, under the top management of the Ministry of Industry and Energy, to promote and develop basic research activities, applied research, innovation and technological development in the energy field, contributing to the development of more efficient industrial processes, with the restrictions inherent to the preservation of human health and the conservation of the environment environment.

Article 3. Functions.

1. The Center for Energy, Environmental and Technological Research is responsible for the development of the functions provided for the public research bodies in Article 14 of Law 13/1986 of 14 April, for the Promotion and Coordination of Public Works General of Scientific and Technical Research, and in particular the following:

a) The development of the R & D policy for the energy and mining sectors designed by the Secretary of State for Energy and Mineral Resources.

(b) The management and implementation of R & D programmes that are proposed in the field of energy by companies, both energy and industrial, or other public or private institutions, both domestic and foreign.

c) The management and implementation of cooperative R & D programmes proposed by associations of companies or other private organisations.

d) The representation of Spain, in coordination with the Ministry of Foreign Affairs and the Inter-Ministerial Committee on Science and Technology, and collaboration with international organizations whose activity is linked to the energy research and development, in particular at the level of the European Union.

e) The collaboration with the Autonomous Communities for the development of R & D programs, advising and supporting their activities, as well as encouraging the existence of adequate information channels.

f) Provide technical support, perform services and issue certifications of the measures, tests and calibrations that are carried out in their laboratories, when they are requested and in the conditions that in each case are established.

g) Patenting results, signing technology transfer agreements, and carrying out dissemination and training activities related to their work.

2. Pursuant to Article 19 of Law 13/1986, the Center for Energy, Environmental and Technological Research may participate as a shareholder in the capital of commercial companies, whose purposes are linked to the activity of this company. body.

Article 4. Decision-making bodies.

The governing bodies of the Center for Energy, Environmental and Technological Research are as follows:

a) The President.

b) The Governing Council.

c) The Vice President and CEO.

Article 5. President.

1. The Presidency of the Center for Energy, Environmental and Technological Research corresponds to the Secretary of State for Energy and Mineral Resources.

2. The President's functions are the institutional representation of the body, as well as the presidency of its Governing Council, the approval of the expenditure and the management of the payments of the body in implementation of the budget and the signature of all those agreements and contracts involving economic commitments in excess of 100,000,000 pesetas.

Article 6. Governing Council.

1. The following functions are for the Governing Board:

a) Establish general research and development programs to manage and execute by the agency.

b) Approve the preliminary draft budget of revenue and expenditure in accordance with current legislation.

c) Know the budget implementation and approve its results.

d) Approve measures of internal organization of the Center for Energy, Environmental and Technological Research that result in an improvement of the effectiveness of the organism, in the levels of organization of its competence.

e) To know the results of the internal or external evaluation carried out by the various projects developed by the agency.

f) Deliberate and report on all those matters which, affecting the management of the body, are submitted to him by the President.

2. The Council shall be composed of the following members:

(a) The President, who will be the President of the Center for Energy, Environmental and Technological Research.

b) The Vice President, who will be the Director-General of the Center for Energy, Environmental and Technological Research.

(c) Vocals, the number of which shall not exceed 13.

(d) The Secretary, who will be the Secretary General of External Relations and Institutional and who will act in the sessions of the Rector Council, with a voice but without a vote.

3. Two representatives from the Ministry of Education and Culture, one of whom will be from the Higher Council of Scientific Research, and the other from the General Secretariat of the National Plan of Scientific Research, will act as the Council's Vocals. Technological development, a representative of the Ministry of Economy and Finance, a representative of the Ministry of the Environment, four representatives of the Ministry of Industry and Energy, who will represent respectively the Center for Development Industrial Technology, to the Institute for the Diversification and Saving of Energy, to the Directorate-General for Energy and the Directorate-General for Mines, a representative of the Ministry of Foreign Affairs, a representative of the Ministry of Health and Consumer Affairs and a representative of the Nuclear Safety Board.

These Vowels, who will have a minimum rank of Subdirector-General, will be appointed by the Minister of Industry and Energy, on a proposal from the holders of each Department and the Chairman of the Nuclear Security Council, according to corresponds.

The remaining Vocals will be appointed by the Minister of Industry and Energy to be responsible for R & D activities in energy companies.

4. The Governing Council shall govern its operation by virtue of the provisions of Title II of Chapter II of Chapter II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 7. Vice-President and Director-General.

1. The Vice President and Director General of the Center for Energy, Environmental and Technological Research will be appointed and separated from his position by Royal Decree, on the proposal of the Minister of Industry and Energy.

2. The following are the functions of the Vice President and Director-General of the Center for Energy, Environmental and Technological Research:

a) Address the actions of the body 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) To exercise the management of the staff and services of the body.

d) The signing of contracts and agreements up to a level of 100,000,000 pesetas.

e) Establish internal or external evaluation mechanisms for the best control of projects developed by the body.

f) Replace the President in cases of absence, vacancy, illness or other legal cause.

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

Article 8. Organic structure. General scope and management.

Depend on the Directorate General of the Center for Energy, Environmental and Technological Research the following units of common services and management, with organic level of Subdirection General:

1. General Secretariat for External Relations and Institutional Relations, to which it will be:

(a) The development of relations with other public administrations in matters affecting the body.

b) The channeling of international relations and relations with clients, promoters and collaborators.

(c) The direction of the Institute of Energy Studies as an internal and external training centre dependent on the body, whose organic level will be determined in the corresponding employment relationship.

d) Support and advice to the Director-General.

e) The exercise of the functions of the Secretary of the Rector Council.

The Secretary-General for External Relations and Institutional Relations will replace the Director-General in the cases of vacancy, absence or illness.

2. Sub-Directorate-General for Economic Control and Services, which shall be responsible for:

a) The elaboration of the preliminary draft budget of revenue and expenditure of the agency.

b) Financial management and budget accounting.

c) The economic control of technical and scientific projects developed by the agency.

d) The planning and management of general infrastructure and services.

3. Sub-Directorate-General for Human Resources, to which it shall be:

(a) The management of matters relating to the legal regime, administrative situations and the empowerment of the body.

(b) The application of the appropriate disciplinary system.

c) Relations with the trade union representation bodies of the staff of the body.

d) The development and quality of the human resources of the body.

Article 9. Organic structure. Technical scope.

Depend on the following scientific and technical units of the Center for Energy, Environmental and Technological Research, with the organic level of Subdirección General:

1. Department of Nuclear Fission, which will be responsible for the coordination of research activities, technical debate and the maintenance and improvement of the means of this area, in order to make progress in the viability of this energy source.

2. The Department of Fossil Fuels, which will be responsible for the coordination of research activities, technical debate and the maintenance and improvement of the media in this area, taking into account the necessary dynamics in favor of the increase efficiency and the environmental cleanliness of the processes.

3. Department of Fusion and Elementary Particles, which will be responsible for the coordination of research activities, technical debate and the maintenance and improvement of the media in this area, directing the activities to the development of physics I would like to point out that the Commission is not in a position to be able to make a decision on this matter.

4. Department of Renewable Energy, which will be responsible for the coordination of research activities, technical debate and the maintenance and improvement of the media in this area, so that the use of these alternatives is favoured energy and increase its competitiveness.

5. Department of Environmental Impact of Energy, which will be responsible for the coordination of research activities, technical debate and the maintenance and improvement of the media in this area, in order to promote the implementation of The Commission has also proposed that the Commission should be able to provide the Commission with a view to the implementation of the programme.

Article 10. Heritage and economic resources.

1. The Center for Energy, Environmental and Technological Research will count for the fulfillment of its purposes with its own patrimony, as well as with the goods and rights assigned to it by the General Administration of the State or in use by other public bodies or bodies.

2. The economic assets and assets of the Energy, Environmental and Technology Research Centre shall be as follows:

(a) The appropriations which are entered in their favour in the General Budget of the State.

(b) Goods and rights that constitute their own assets and the products, income or dividends that may be derived therefrom.

(c) Grants, voluntary contributions or donations that are granted or awarded in their favor by national or international public or private entities.

(d) The income of public or private origin that corresponds to you for the provision of your services.

e) Any other economic resources, ordinary or extraordinary, that can be attributed to it.

Additional disposition first. Removal of organs.

The following General Subdirection organic-level drives are deleted:

a) Operations Control Address.

b) Institute of Nuclear Technology.

c) Institute of Renewable Energy.

d) Basic Research Institute.

e) Institute of Technology.

f) Personnel and Organization Management.

g) Management and Finance Management.

(h) Technical General Secretariat.

i) Environment Institute.

j) Institute of Conventional Energy Technology.

Additional provision second. Authorizations to the Center for Energy, Environmental and Technological Research and to the Office of Electrical Energy Compensation.

1. In the context of the processes of liquidation of the Research Coordination Offices (OCIS) existing in the field of energy, the Center for Energy, Environmental and Technological Research is authorized to, in the exercise of its powers, take over the management of R & D projects which would have been approved by the decision-making bodies of those offices or which are in the process of being developed before 31 December 1996.

To proceed with these projects, the Center for Energy, Environmental and Technological Research and the decision-making bodies of each of the Coordination Offices will be able to conclude the project. transfer to this body of the economic resources allocated to them.

2. The Office of Electrical Energy Compensation (OFICO) is authorized to transfer to the Center for Energy, Environmental and Technological Research the funds referred to in paragraph (h) of Article 4.2 of the Royal Decree. 2550/1994, for which the tariff for 1995 is established, as amended by Article 2 of Royal Decree 2204/1995 of 28 December 1995 laying down the tariff for 1996.

The above funds will be allocated to the development of those R & D projects selected by the Energy, Environmental and Technology Research Centre in collaboration with the Board of Directors of the Office. Coordination of Research and Electronic Development (OCIDE).

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

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

The units and posts of work in the organs removed by this Royal Decree shall be provisionally attached, by resolution of the Director-General of the Agency, until the new relationship of posts, to the bodies governed by this Royal Decree, in the light of the powers assigned to them.

Single repeal provision. Regulatory repeal.

Decree 3237/1974 of 24 October on the composition of the Board of the Nuclear Energy Board is repealed; Royal Decree 2121/1981 of 5 June and Royal Decree 618/1983 of 16 February amending the composition of the Board of Directors of the Board of Governors of the Board of Directors of the Council of the Nuclear Energy Board; the Order of 8 February 1996, approving the regulatory bases for the granting of aid under the Long Range Energy Technology Strategy (ESTELA) programme, and how many rules of the same or lower rank are opposed to what is foreseen in this Royal Decree.

Final disposition first. Powers of development and implementation.

The Minister of Industry and Energy 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".

Given in Madrid on February 14, 1997.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ