The final provision of Royal Decree 140/1993 of 29 January, which approves the Rules of Procedure and the Functioning of the Higher Council of Scientific Research, assigns to the Ministry of Education and Science competition to dictate how many rules are necessary for the development of what is set out in that Royal Decree, without prejudice to the powers that might correspond to other ministerial departments.

On the other hand, Articles 6.1, 7.3 and 24.2 of the abovementioned Regulation establish the need for a ministerial order to regulate the system of designation of elected representatives of the Governing Board. the Agency, the Scientific Advisory Committee and the Boards of Institute or Centre.

It is therefore necessary to regulate the aspects indicated, so that the organizational structure designed for the Scientific Research Council can be developed, and thus the Agency will be able to effectively comply with the of the functions that are unique to you.

In its virtue, with the approval of the Minister for Public Administrations, I have:

CHAPTER I

General provisions

First. 1. They shall be electors and eligible in the elective processes for the appointment of staff representatives in the Governing Board and in the Boards of the Institute or the Centre, all official staff who carry out a job belonging to the Council of Scientific Research, by means of any system of supply of jobs, with the exception of those of secondment or temporary staff whose place of work of origin does not belong to the Higher Council of Scientific research, as well as the CSIC workforce, be it with a contract of employment (a) whether or not to comply with the requirements of this paragraph.

2. They will be electors and eligible for the election of representatives of the scientific staff in the Scientific Advisory Committee the career civil servant of the CSIC Research Teachers ' Escalas, Scientific Researchers of the CSIC, Scientific Collaborators of the CSIC, as well as University Teaching Bodies or Scientific Scales of other public research bodies that require the qualification of Doctor for their entry into the same. of work belonging to the Consejo Superior de Investigaciones Científicas, by any system of provision of jobs with the exception of those of a service commission or

provisional assignment whose job of origin does not belong to the Higher Council of Scientific Research.

3. Officials who are in the administrative situations of special services, service in the Autonomous Communities, voluntary leave or suspension of duties shall not be eligible for the condition of electors or electors.

4. Officials on secondment or provisional membership shall have the status of electors and eligible persons only if the post to which they are assigned belongs to the Higher Council of Scientific Research. In such cases, they may only be electors and eligible for the Board of the Institute or Centre to which they are attached.

5. It shall have the status of elector and eligible all labour personnel, whether or not they have an indefinite or eventual employment contract, unless they are in a situation of voluntary or forced leave, suspension of contract for the performance of the military service or replacement, suspension of employment and salary for disciplinary reasons, or the one whose seniority in the Agency is less than one month.

6. It will have the status of elector, although not eligible, for work staff under the age of eighteen, as well as those whose age in the Agency is less than six months.

Second. 1. The Management of the Agency shall prepare and keep up to date the following electoral censuses:

(a) Scientific personnel.

b) Staff titled superior and technical.

c) Assistant staff.

d) General administration personnel.

e) Of work staff.

f) Scientific personnel, for each of the scientific-technical areas.

g) Personnel of each Institute or Agency Centre.

2. Censuses, sorted alphabetically, shall contain at least the following data:

Last name and name.

National identity document.

Scale, Body or Professional Category.

Target directive unit.

3. For the purposes referred to in paragraph 2.1, each censuses shall be composed as follows:

(a) Composes the census of voters of the Scales of Scientific Staff, the career civil servant of the CSIC Research Professor, Scientific Researcher of the CSIC, Scientific Contributor of the CSIC, as well as University Teaching Bodies, or Scientific Scales of other public research bodies that require the qualification of Doctor for their entry into the same, provided that they perform job positions belonging to the Council Superior of Scientific Research, in accordance with the provisions of the First paragraph of this Ministerial Order.

b) Composes the census of the electors of higher and technical staff, the career civil servant belonging to the Scales of Titled Superior Specialized of the CSIC, Titled Specialized Technician of the CSIC, Adjutant Diploma of the CSIC, as well as to Escalas belonging to groups A and B of other public research bodies, that do not require for the entrance in the same the degree of Doctor, provided that they perform jobs belonging to the Higher Council of Scientific Research, in accordance with the provisions of the First of this Ministerial Order.

c) Composes the census of constituents of assistant staff, career civil servants belonging to CSIC Research Assistant Escalas, CSIC Research Auxiliary, as well as Escalas belonging to the CSIC. C and D groups of other public research bodies, provided that they perform posts belonging to the Higher Council of Scientific Research, in accordance with the provisions of the first paragraph of this Order ministerial.

d) Composes the census of constituents of general administration personnel, career civil servants belonging to the General Corps of the State Administration or any other Body or Scale not included in the (a) the above points, provided that they perform posts belonging to the Higher Council of Scientific Research, in accordance with the provisions of the first paragraph of this Ministerial Order.

e) Composes the census of voters of labora, the labor personnel, whether with an indefinite or eventual work contract, at the service of the Agency.

f) Composes the census of the electors of scientific personnel for each of the scientific-technical areas, the career civil servant indicated in section 2.3, a), which is attached to the same scientific-technical area.

g) Composes the census of the personnel of each Institute or Center, the career civil servant who occupies a position of work at the Institute or Center, in accordance with the provisions of the first paragraph of the present Ministerial order, as well as the employment staff, either with an indefinite or eventual work contract, with a destination at the Institute or Center.

CHAPTER II

Electoral Organization

Third. 1. The organization, monitoring and control of the electoral processes will be the responsibility of the Electoral Board of the CSIC and the Electoral Tables.

2. The Management of the Agency will provide the necessary material means to the Electoral Board of the CSIC and the Electoral Tables for the development of its functions.

Fourth. 1. For everything related to the election of representatives in governing bodies and advice from the CSIC, an Electoral Board will be constituted.

2. The Board of Elections shall be composed of the Manager, or the person to whom the delegation shall preside; an official appointed by the Chairman of the Electoral Board, who shall act as Secretary of the Electoral Board, with a voice but without a vote, and by five Vocals each of the following collectives, each of which is chosen by lot, according to their censuses as defined in the second paragraph of this Order:

Scientific personnel.

Staff titled superior and technical.

Assistant staff.

General administration personnel.

Job staff.

It will be the CSIC Electoral Board's competition:

a) Approve and publish the electoral censuses. For its confection it will have the collaboration of the Management.

b) To review at the request of the party the electoral census approved, in accordance with the provisions of Articles 118 and 119 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative Board, as well as, in accordance with the provisions laid down, proceed to the ex officio review in accordance with Articles 102 and 103 of Law 30/1992.

c) Determine the number, scope and location of the Electoral Tables in each elective process.

d) Proclaim nominations to staff representatives on the Governing Board, Scientific Advisory Committee and Board of Centre or Institute. For these purposes, the Board of Elections shall make the proclamation thereof within five days of its submission in accordance with the provisions of paragraph 9 of this Ministerial Order.

e) To resolve the consultations that raise the Electoral Tables and to issue instructions to them regarding their competencies.

f) Communicate through its President, with all authorities and public officials for the relevant purposes.

g) Communicate to the relevant authorities, in accordance with the provisions of the Regulations of Officials of the State Administration, approved by Royal Decree 33/1986 of 10 January, and in the Collective agreement for CSIC personnel, any alleged irregularities in the electoral process for the purposes that are relevant.

h) Carry out any other function that entrusts you with any legally applicable provision.

Fifth. 1. The charges of President, Vocal and Secretary of the Electoral Board and Electoral Tables are mandatory. However, if a member of the same intends to contest the elections as a candidate, he shall inform the Electoral Board of the CSIC, which shall agree to its replacement, which shall be verified by designating the substitute subject to the same rules as The designation of the replaced.

2. When the condition of a member of the Electoral Board and the Electoral Board falls on the same person, it will be replaced in the Electoral Board. The replacement shall be verified in the manner set out in the preceding paragraph.

Sixth. 1. The Electoral Board shall be convened by its Chairman.

2. The Board shall be in session in the cases and dates indicated in these rules and, in addition, whenever the President deems it necessary or request three Vocals, being indispensable for the meeting to be held in the middle of the number of its members.

3. All citations shall be made by means of trade, letter, telegram, telefax, or any other means of record of the receipt, of the date, of the order of the day and other circumstances of the session to which it is cited.

4. Notwithstanding the foregoing, the Board shall be deemed to be convened and shall be validly constituted to deal with any matter provided that all its members are present and, acting unanimously, accept the holding of the meeting.

5. The agreements shall be adopted by a majority of the votes of the members present, the vote of the President being of quality.

Seventh. 1. In the area indicated by the Electoral Board, there will be a Bureau responsible for presiding over the vote, maintaining order, carrying out the scrutiny and ensuring the purity of the elective process.

2. The Electoral Bureau shall be composed of two members appointed by lot within the electoral body, the oldest of which is President of the electoral body, and a representative appointed by the Management of the Body who will act as Secretary.

3. The action of the members shall be compulsory, unless duly justified.

4. In each Electoral Table there may be an Interventor for each candidacy, accredited by the Electoral Board.

CHAPTER III

Call for elections, presentation and proclamation of candidates

Eighth. 1. The President of the CSIC, who has exhausted the mandate of the representatives of the Governing Board, Scientific Advisory Committee or Board of Centre or Institute, shall, within one month, convene elections to appoint new staff representatives in the said representatives. organs.

Ninth. 1. Candidates for staff representatives on the Governing Board shall be submitted by at least thirty members who are included in the census of the same electoral group of the candidate.

2. The candidates for area representatives in the Scientific Advisory Committee shall be presented by at least twenty members who are included in the electoral census of the same scientific-technical area of the candidate presented.

3. The candidates for staff representatives in the Institute Boards will be presented by five members of those who make up the Electoral Corps of the Institute or Center.

4. Nominations, in all elective processes, shall be submitted within ten days from the corresponding call to the Board of the Body and may be submitted by any of the means provided for in Article 38.4 of the Law. 30/1992, of 26 November, of Legal Regime of the Public Administrations and of Common Administrative Procedure, to the Board of Elections of the Agency, accompanied by a document of acceptance by the candidate presented and in them clearly identified the persons who subscribe to the presentation and the area scientific-technical to which it corresponds.

5. No person will be able to present more than one candidate in each election process.

10th. 1. To formulate the vote by mail each voter will complete the ballot by choosing one of the proclaimed candidates.

2. The votes shall be sent to the respective Electoral Tables, by registered post, in an envelope containing:

A closed envelope containing the ballot paper.

A photocopy of the front of the national voter's identity document.

A completed model that consists of:

Last name and name of the voter.

Scale, Body or Professional Category.

Target directive unit.

Scientific-technical area to which it is attached (in the votes to the Scientific Advisory Committee).

Signature.

3. Until the time of the vote, the certified envelopes will be guarded by the Secretary of the Bureau, who will deliver them to the President immediately before the vote begins. The President shall open the envelopes, identify the voter, introduce the ballot in the ballot box and declare that he has expressly voted.

4. Votes that are not held by the Electoral Board at the time of the vote will be considered as not being cast. In this case, the vote will not be counted nor will the voter be registered as a voter. The vote on the vote shall be destroyed without opening, as recorded in the minutes by the Secretary of the Bureau.

11th. 1. The Electoral Tables shall be constituted at eight thirty hours of the day indicated for the vote, which shall take place between nine and fourteen thirty hours of the same day.

2. The elector must be identified to the President of the Bureau to whom he will deliver the vote on his introduction into the ballot box.

3. At the age of fourteen, the vote will be taken from the voters who have used the vote by mail formula, and then the members of the Bureau will vote, after which the vote will begin.

12th. 1. Vote counting will be public. The draws on the ballot will be dirtied by draw.

2. The five candidates who, in each of the five groups of staff referred to in Article 6.1 of the Rules of Procedure, have obtained the highest number of votes, shall be elected as representatives of staff in the Governing Board.

3. The eight candidates who, in each of the eight areas, will obtain the highest number of votes will be elected as representatives of each of the scientific and technical areas in the Scientific Advisory Committee.

4. Candidates who have obtained the highest number of votes shall be elected as representatives of the staff of the Board of Institute. Account must be taken of these effects which, in accordance with Article 24 (1) of the Regulation, the number of representatives of staff to be elected shall be such that it does not exceed, in absolute value, one third of the total members of the Board.

5. Each voter may give his or her vote to a single candidate among the proclaimed.

13th. 1. The Bureau shall draw up the record of the outcome of the vote, including:

(a) The composition of the Bureau.

b) The number of voters.

c) The votes obtained by each candidate.

d) Null votes and any other effects given.

2. The minutes will be signed by the members of the Electoral Board and will be forwarded to the Electoral Board of the Agency before twenty-four hours on the day of the vote.

3. A copy of the minutes shall be displayed immediately after the vote has taken place at the place where the vote took place.

14th. The Board of Elections shall, in the light of any complaints, make public the final results as soon as possible, which, in any event, shall not exceed ten working days from the date of the vote.

15th. Against the decisions and acts of the Board of Elections, it shall be the ordinary administrative appeal to the Presidency of the Agency in accordance with Article 114 et seq. of Law 30/1992 of 26 November of the Legal Regime of the Public administrations and the Common Administrative Procedure.

sixteenth. The term of office of the elective members whose designation is regulated in the preceding articles shall be four years, and may be re-elected.

seventeenth. Where there is a vacancy due to resignation, death or loss of condition of eligibility or otherwise, it shall be automatically replaced by the person who obtained a vote immediately below that of the vote. last chosen candidate.

The substitute will have such a condition for the time it will be out of command.

Eighteenth. In order to enable the constitution of the various governing bodies, support and advice of the Higher Council of Scientific Research, and without prejudice to the powers assigned to the Governing Council of the Agency, as Scientific-Technical Areas, the following:

Area of Humanities and Social Sciences.

Biology and Biomedicine Area.

Natural Resources Area.

Area of Agricultural Sciences.

Area of Science and Physical Technologies.

Area of Materials Science and Technology.

Food Science and Technology Area.

Area of Science and Chemical Technologies.

Nineteenth. As soon as the CSIC Board of Elections has not been established, the Agency's Management will approve and publish the electoral censuses.

Twenty. This Ministerial Order shall enter into force on the day following its publication in the Official Journal of the State.

Madrid, 13 May 1993.

PEREZ RUBALCABA

Excmo. Mr. Secretary of State for Universities and Research and Excmo. Mr President of the Scientific Research Council.