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Royal Decree 451/1995 Of 24 March, Which Reorganizes The Autonomous Body Experiences Hydrodynamic El Pardo Channel.

Original Language Title: Real Decreto 451/1995, de 24 de marzo, por el que se reorganiza el Organismo autónomo Canal de Experiencias Hidrodinámicas de El Pardo.

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TEXT

The Hydrodynamic Experiences Canal of El Pardo was created by Decree of 18 February 1933, under the Ministry of the Navy. Subsequently and by Decree 1348/1962 of 14 June, it was declared an autonomous body attached to the said Ministry.

Since its creation, it has been developing important scientific and research work, adapting its organic structure to the needs of administrative and management agility imposed by the achievement of the objectives. for which it was created. Its current structure is regulated by Royal Decree 1795/1982 of June 18.

The increasing technological complexity of the work programmes and the increase in their participation in international projects advise the introduction of some modifications to their internal structure, so that they can be adapted to management and administrative action needs, as well as those arising from its relations with the various sectors benefiting from its activities.

Article 76 of Law 42/1994, of December 30, of Fiscal, Administrative and Social Order Measures, authorizes the Government, on a joint proposal of the Ministers of Economy and Finance and the Public Administrations, to to amend the regulation of autonomous bodies. Moreover, Royal Decree 1/1987 of 1 January, determining the basic organic structure of the Ministry of Defence, partially modified by Royal Decree 764/1992 of 26 June, which varied the organic scheme of the Canal de Hydrodynamic experiences, together with the provisions of Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, which established the guidelines for action in the field of scientific research and development technology, they also advise to modify their structure and to update overlapping names over the course of time.

In this sense, the location of the aforementioned Body is more precisely defined in the Department's organic scheme and the competencies of the organs responsible for the management and global trajectory and the those others who are focused on the direction and timely management of the activities of the center.

In its virtue, at the initiative of the Minister of Defense, at the proposal of the Ministers of Economy and Finance and for the Public Administrations and after deliberation of the Council of Ministers at its meeting of the day of March 24, 1995,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Legal nature and membership.

1. The Canal de Experiences Hydrodynamics of El Pardo, the Canal, is a public center of research, technological development and high-level technical assistance, configured as an autonomous agency of the State of administrative character, of the provided for in paragraph 4.1.a) of the recast text of the General Budget Law, approved by Royal Decree No 1091/1988 of 23 September 1988.

2. It is governed by the provisions of the Law of 26 December 1958, of the Regime of Autonomous State Entities, and as applicable, by Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research and other legal provisions.

3. The Canal is attached to the Ministry of Defense through the General Directorate of Armament and Material.

Article 2. Competencies.

1. These are Channel skills:

a) Hydrodynamic research to contribute to the progress of the Spanish naval technique and, consequently, increase the efficiency and economy of the military and civil fleets.

b) Experimentation with models for the study and project of ships, equipment and artifacts, in their hydrodynamic aspects.

(c) The certification of the foreseeable speeds for the vessel and other hydrodynamic parameters or characteristics, deducted from the results obtained in its sea trials and the approval of such tests, as well as those of other systems and equipment when required.

d) Research and experimentation aimed at the energy saving of ships.

e) To study hydrodynamic issues that can be applied to other branches of technology and scientific specialties.

2. It also corresponds to:

a) Collaborate and maintain relations with national and international research and development entities, serving as an element of transfer of Spanish technology, within the scope of their competence.

b) Promote scientific and technical collaboration and exchanges with foreign analogue centers, in research and development work.

c) Forming specialized technical personnel, collaborating when necessary with universities and companies.

d) Forming specialists in hydrodynamics under the conditions to be established and to provide specialized courses for their own or other fellows.

3. The above powers shall be without prejudice to those of other ministerial departments in this field.

CHAPTER II

Governing Bodies

Article 3. Governing bodies.

The governing bodies of the Canal are:

the Governing Council.

The Address.

Article 4. Governing Council.

1. The Governing Council, the collegiate governing body of the Canal, is responsible for the relationship with the different spheres of public administrations and other public and private entities, in accordance with the guidelines of the Ministry of Defense, and of the defined by the Interministerial Committee on Science and Technology, in the framework of the Annual Plan of Scientific Research and Technological Development. It shall also carry out the tasks entrusted to it in this Royal Decree and any other tasks assigned to it.

2. The Governing Council may act in plenary or in a standing committee.

Article 5. Composition of the Governing Board.

1. The composition of the Rector Board is as follows:

(a) The President, the position to be taken by the Director-General of Armament and Material.

(b) The Vice President shall be the Director of the Channel, who shall replace the President, in the event of absence, vacancy or illness.

c) Vocals:

1. The Deputy Director-General of Technology and Research of the Ministry of Defense's General Directorate of Armament and Material.

2. The Deputy Director-General of Naval Construction Industries of the Industry and Energy Ministry's Directorate-General for Industry.

3. The Inspector General of Ships of the General Directorate of the Merchant Navy of the Ministry of Public Works, Transport and the Environment.

A representative of the following management centers and agencies:

4. Secretary of State of Defense.

5th Navy Staff.

6. Directorate-General for Budgets of the Ministry of Economy and Finance.

7. Directorate General of Fisheries Structures of the Ministry of Agriculture, Fisheries and Food.

8. The Ministry of Defense's Directorate-General for Economic Affairs.

9. Centro de Estudios y Experimentación de Obras Públicas (CEDEX) of the Ministry of Public Works, Transport and the Environment.

10. Directorate of Military Naval Buildings of the Navy's Logistics Support Headquarters.

11. General Secretariat of the Scientific Research and Technological Development Plan.

12. Scientific Research Superior Council.

13. Superior Technical School of Naval Engineers.

14. The Spanish Union of Shipbuilders (UNINAVE).

15. Association of Spanish Shipping (ANAVE).

d) A legal adviser, appointed by the President, who will act with voice and without a vote.

(e) The Secretary of the Governing Council shall be held by an official of a post of the Agency, appointed by the President, on a proposal from the Director of the Channel, who shall act with a voice and without a vote.

2. The President of the Governing Council may convene his or her sessions to other persons of the Channel or other persons of the Channel, in order to attend to his professional competence, with voice and without a vote, for matters related to the order of the day.

Article 6. Functions of the Rector Board.

1. The functions of the Rector Board are:

a) To study and, if necessary, approve the global plans of organization, development, improvement and expansion of the Canal, proposed by the Directorate.

b) Approve the annual preliminary draft budget, the Balance sheet, the profit and loss account for the financial year and the annual report of the Canal's activities.

c) Approve the investment plan.

d) Be heard in the designation of the Channel Manager.

e) Approve the research plans.

f) Promote framework agreements or agreements for scientific, technical or financial collaboration with other public or private bodies, in the field of the missions provided for in Article 2 of this Royal Decree.

g) Promote the presence and contribution of the Canal in the scientific, industrial or commercial activities related to hydrodynamics.

(h) Other than any other that is entrusted to you under the laws in force, as well as the general or specific ones that correspond to the Canal for the performance of its purposes and missions and are not expressly attributed or delegated in the Standing Committee or in the Director.

2. As expressly provided for in this Decree, the functioning of the Rector Board shall be governed by the provisions of Chapter II, Title II, Articles 22 to 27 of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Public administrations and the Common Administrative Procedure, relating to the legal status of collegiate bodies.

Article 7. Standing Committee of the Governing Council.

1. The Permanent Commission of the Governing Council shall ensure that the Canal's missions and work plans are complied with and that the provisions affecting it are complied with.

2. It will be integrated by:

a) The President of the Rector Board.

b) The Vice President of the Rector Board.

c) Vocals:

1. The Deputy Director-General of Technology and Research of the Ministry of Defense's General Directorate of Armament and Material.

2. The Deputy Director-General of Naval Construction Industries of the Industry and Energy Ministry's Directorate-General for Industry.

3. The Inspector General of Ships of the General Directorate of the Merchant Navy of the Ministry of Public Works, Transport and the Environment.

Representatives to the Governing Board of the following bodies:

4. Directorate-General for Budgets of the Ministry of Economy and Finance.

5. Directorate of Military Naval Buildings of the Navy Logistics Support Headquarters.

6. Secretary General of the National Plan for Scientific Research and Technological Development.

d) A legal adviser, appointed by the President, who will act with voice and without a vote.

e) He will act as the Secretary himself of the Rector Council, which will do so in a voice and without a vote.

3. The Chairman of the Standing Committee may convene his or her sessions to other persons of the Channel or to other persons of the Channel, with a view to their professional competence, with voice and no vote, for matters relating to the order of the day.

Article 8. Channel Address.

The Channel Address will have a General Subdirection level. The appointment of the Minister of Defence shall be the responsibility of the Minister of Defence, on the proposal of the Secretary of State for Defence, heard by the Governing Council. The Director shall have recognised prestige in the field of Hydrodynamics.

Article 9. Functions of the Director.

The Channel Manager corresponds to:

a) To be represented in accordance with the legislation in force before all kinds of institutions, agencies and public and private entities.

b) Direct scientific, technical and administrative activities.

c) Elevate to the Governing Council the overall plans for organization, research and development and infrastructure.

d) Raise the annual draft budget, the balance sheet, the profit and loss account for the year and the annual activity of the Canal to the Governing Council.

e) To propose to the Governing Council the measures it deems appropriate for the best development of the scientific, technical, industrial and administrative activities of the Canal and the promotion of the relations of the Canal with other institutions public or private aimed at research in the field of Hydrodynamics or related scientific areas.

f) Authorize expenses and order the necessary payments for the exercise of the activities, as well as the management of the assets and rights members of the Canal patrimony and the updating of its inventory, for the purposes of its conservation, correct administration and legal defense of the same, in accordance with the law of the Autonomous State Entities, General Budget Law, legislation of State and State Heritage Contracts and other regulations applicable.

(g) to exercise the management of staff and, where appropriate, the relevant disciplinary powers with regard to the military, official and labour staff of the centre, and in general the exercise of the powers conferred on them; Directors of the Autonomous Bodies.

h) Exercise as many powers have been delegated to you by the Governing Council as well as any other unlisted powers that correspond to you on the basis of your position or attribute to you the legislation in force.

CHAPTER III

Wealth regime and economic resources

Article 10. Estate regime.

1. In order to fulfill its purpose, the Canal may have, in addition to its own patrimony, different from that of the State, constituted by the whole of goods and rights and obligations of ownership of the Autonomous Body, the one formed by the goods and rights they are assigned by the General Administration of the State or are transferred to it by other public bodies or entities.

2. In respect of its own assets, it may acquire, for consideration or free of charge, own, lease goods and rights of any kind, with the requirements laid down by the applicable legislation.

3. The Canal will keep the inventory of its assets and rights up to date, with the exception of those of a fungible nature. The inventory shall be rectified, where appropriate, annually by reference to 31 December, with the Governing Council being informed of its update and variations that have occurred.

Article 11. Economic resources.

The Channel's economic resources will be as follows:

(a) The goods and rights that integrate their assets and the products and income of their own assets and the property that they have attached to it.

(b) The amount of the budget allocations that are in their favour in the General Budget of the State and other entities or bodies.

(c) The revenue of public or private law which it is entitled to receive, and in particular those resulting from the implementation of research programmes, studies, trials and other work carried out for the State or entities Officers and individuals, national or foreign.

(d) The extraordinary consignations to be granted for new equipment and equipment modernisation, as well as those for the promotion of research in the centre.

e) The income that may be derived from the sale of licenses and patents, owned by the Canal and the sale of its publications.

f) Donations, legacies, and other voluntary contributions granted to you by public entities or private persons.

g) Any other ordinary or extraordinary resources that you are legally entitled to receive.

CHAPTER IV

Staff

Article 12. Staff.

The Canal will have the relations of corresponding jobs, established in accordance with current legislation.

First transient disposition. Composition of the first Rector Board.

At the entry into force of this Royal Decree, the representatives of the institutions and bodies included in Articles 5 and 7 that were part of the Board of Trustees shall constitute, without the need for ratification or new designation, the Governing Council.

Single repeal provision. Regulatory repeal.

The Royal Decree 1795/1982 of 18 June, on the reorganization of the Canal de Experiences Hidrodynamics of El Pardo and the other provisions of equal or lower rank, is hereby repealed. Present Royal Decree.

Final disposition first. Budgetary changes.

The Ministry of Economy and Finance will make the necessary budgetary changes for the implementation of the provisions of this Royal Decree.

Final disposition second. Enabling regulatory development.

The Minister of Defense is empowered to give the necessary provisions for the development of this Royal Decree, prior to the appropriate legal procedures.

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 24 de marzo de 1995.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA