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Royal Decree 140/1993 Of 29 January, Which Approves The Regulation Of Organization And Functioning Of The Higher Council Of Scientific Research.

Original Language Title: Real Decreto 140/1993, de 29 de enero, por el que se aprueba el Reglamento de Organización y Funcionamiento del Consejo Superior de Investigaciones Científicas.

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TEXT

Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, dedicates its second chapter to the public research bodies, including the Higher Council of Scientific Research. In this chapter, the Law establishes a common framework of organization and operation for these agencies and establishes their functions and governing bodies, while introducing elements to streamline their management and make it more consistent with the powers and activities that are of their own. The additional third provision of the same law provides that the various public research bodies will have their own regulations, which will adapt those general rules to the characteristics of each of them.

The Superior Council of Scientific Research, for its peculiarities as a public research body, occupies a special place among the Spanish institutions of science and technology. These peculiarities come, first of all, from the multidisciplinary nature of their activities, which range from basic research to technological development, and which deal with practically all fields of knowledge. Secondly, they are due to the multiple and dynamic nature of the relations which it necessarily maintains with the universities, with other public research bodies and with centres of the Autonomous Communities themselves, as well as with the firms in question. the scope of the investigation.

For all of the above, the Higher Council of Scientific Research is configured as a decisive instrument of national scientific and technological policy and must play a very active role in the implementation of the activities of counselling and research in the framework of that policy. All this, on the one hand, through the promotion of basic research in strategic sectors, which in turn will be used to guide the definition of future priorities for action. On the other hand, by supporting the solution of the technical and socioeconomic problems of the environment, promoting applied research and its projection in the sustainable and integral development of the same.

This Royal Decree, in compliance with the mandate contained in Law 13/1986 of 14 April, approves the Rules of Procedure of the Organization and the Functioning of the Higher Council of Scientific Research. It defines the functions, objectives, governing bodies and central and peripheral organizational structure of the body. At the same time, it sets out the guidelines for the development of research activity and mandates the framework of institutional relations.

The new regulation has taken into account the experience gained so far and has sought a balance in the representation of the different government bodies of the Higher Council of Scientific Research. It also seeks to ensure that the regulation of the aspects of structure and operation permits the necessary flexibility so that this institution can adapt without difficulties to the changes resulting from scientific and technological developments.

Finally, the approval of the Staff Regulations, also provided for in the third provision of Law 13/1986, will be carried out through a specific rule, given the uniqueness of the area of human resources in this area. body.

In its virtue, at the initiative of the Ministry of Education and Science, at the proposal of the Minister for Public Administrations, with a report from the Higher Commission of Personnel, according to the State Council and after deliberation of the Council of Ministers at its meeting on 29 January 1993

D I S P O N G O:

Single item.

The Rules of Procedure of the Higher Council for Scientific Research (CSIC) are approved, the text of which is inserted below.

Additional disposition first.

Following the entry into force of this Royal Decree, the Government will approve the Staff Regulations of the Higher Council of Scientific Research, referred to in the third provision of Law 13/1986, of 14 April, for the General Development and Coordination of Scientific and Technical Research.

Additional provision second.

The development of the organic structure of the units mentioned in Articles 8 to 12 of the Regulation will be reflected in the corresponding employment relationship, in accordance with the current regulations.

First transient disposition.

The governing bodies and the advisory bodies set up in Royal Decree 3450/1977 of 30 December, approving the organic regulation of the CSIC, and Royal Decree 1878/1984 of 10 October 1984, establishes the procedure for the creation and operation of Institutes and Centers of the Higher Council of Scientific Research directly linked to national research programs, will continue in the performance of their functions until Both are those corresponding to the new Regulation.

Second transient disposition.

Until the constitution of the Rector Council, which will take place within two months from the entry into force of this Royal Decree, the functions of that Royal Decree will be assumed by the Governing Board.

Transitional provision third.

Units and jobs with a lower organic level to the General Subdirectorate will continue to remain until the corresponding job relations are approved or modified. As long as this adaptation occurs, they will be provisionally dependent on the corresponding units, according to the functions attributed to them by the present Royal Decree.

Transitional disposition fourth.

Officials and other staff who are affected by the organic changes set out in this Royal Decree will continue to receive all their remuneration from the credits to which they are paid. they were being charged until the provisions and implementing measures were adopted and the corresponding budgetary adjustments were made.

First repeal provision.

The following provisions are repealed:

Royal Decree 3450/1977, of December 30, for which the Organic Regulation of the Higher Council of Scientific Research is approved.

Royal Decree 1878/1984 of 10 October, establishing the procedure for the creation and operation of Institutes and Centers of the Higher Council of Scientific Research directly linked to programs national scientific and technological research.

Repeal provision second.

Also, any other provisions of equal or lower rank that are contrary to the provisions of this Royal Decree are hereby repealed.

Final disposition first.

The Minister of Education and Science will dictate the rules necessary for the development of the provisions of this Royal Decree, without prejudice to the powers that correspond to other ministerial departments.

Final disposition second.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid on January 29, 1993.

JOHN CARLOS R.

The Minister for Public Administrations,

JUAN MANUEL EGUIAGARAY UCELAY

RULES GOVERNING THE ORGANISATION AND OPERATION OF THE HIGHER COUNCIL OF SCIENTIFIC RESEARCH

Chapter I

Nature and functions

Article 1.

1. The Higher Council of Scientific Research is a public body of multi-sectoral and multidisciplinary research, with implementation throughout the national territory, with its own legal personality and its own heritage. of the State's scientific and technological policy, and attached to the Ministry of Education and Science through the Secretariat of State of Universities and Research.

2. The Higher Council of Scientific Research is governed by the provisions of Law 13/1986 of 14 April, of the Promotion and General Coordination of Scientific and Technical Research, by its specific legislation as soon as it objects to it, and by the own rules of the autonomous State entities in the field of application.

3. For the purposes of its economic and financial management, the Higher Council of Scientific Research is included in the first paragraph of Article 4 (b) of the recast text of the General Budget Law, approved by the Royal Legislative Decree 1091/1988 of 23 September 1988 as an autonomous body of a commercial, industrial and financial nature.

Article 2.

1. The Scientific Research Council has the primary objective of carrying out scientific and technical research, in order to promote and contribute to the economic and social development of the country.

2. In order to achieve the objective set out in the previous paragraph, the Scientific Research Council performs the following functions:

a) Develop and implement scientific and technological research projects, in accordance with the Government's guidelines and objectives in the field of scientific policy, as well as those proposed by the National Plan for Scientific Research and Technological Development.

b) Collaborate in the analysis and selection of future scientific and technological objectives, developing the fields and disciplines that advise the country's socio-economic and cultural evolution, as well as those derived from the commitments and international relations which could occur in this field.

c) Encourage all those programs that tend to advance knowledge in basic research.

d) To collaborate with the Autonomous Communities in the scientific research tasks to be established through the relevant conventions. It will also work with universities in the fields of scientific research and higher education, which will also be established.

(e) Develop training programmes for researchers and technicians in the field of science and technology, in line with their development in the international field, as well as in the demands of universities and universities. companies in the various sectors of activity.

f) Contribute to the definition of the objectives of the scientific policy and to collaborate in the tasks of evaluation and monitoring of the same.

g) To advise on scientific research and technological innovation to the agencies of the State Administration or the Autonomous Communities that request it.

h) Manage and maintain those national funds that by their specific nature are entrusted to them.

i) Manage national and sectoral programs assigned to it by the National Plan of Scientific Research and Technological Development, as well as those that are derived from agreements with the Autonomous Communities.

(j) Those entrusted to it by the Government of the Nation and any other aimed at enhancing scientific and technical research.

Article 3.

In order for the best performance of their duties, the Scientific Research Council may carry out the following activities:

(a) Create, maintain, order and suppress own research and development units, in particular Institutes and Centers, providing them, as appropriate, with the personnel and means necessary for the fulfilment of their purposes, all of which irrespective of the powers of other ministerial departments or bodies, and within the limits of the budget.

b) To participate in the creation and maintenance of research and development units of a mixed or other nature, by agreement, with universities or other institutions, giving an account to the General Council of Science and Technology in the cases prescribed by the current regulations.

c) To grant, by agreement, the character of associates to university research and development units or belonging to other public or private institutions.

(d) to develop, within the framework of the legal system of staff at the service of the Public Administrations, the policy on the body's own staff and in charge of carrying out research and other functions of support, as well as evaluate the activity developed by the staff of the agency, its Institutes and Centers.

e) To contribute to the training of the research and support staff of the institution, in order to adapt its capabilities to the requirements of the advancement of science and technology.

f) Facilitate the exchange of personal personnel among the various research and development units of the body and other institutions, both national and other countries.

g) To support scientific and technological facilities and laboratories of large instruments which, due to their complexity, must be of state or supra-institutional use.

(h) Establishing agreements with public and private bodies, both national and international, for the implementation of research projects and other scientific and technological activities, giving the Commission the Interministerial of Science and Technology, as established in article 15 of Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research.

i) Establish mechanisms for transferring the results of your research activity. To this end, it will collaborate with the Centre for Industrial Technological Development, with the Inter-Ministerial Commission for Science and Technology of the National R & D Plan, as well as with other agencies of the State Administration and the Communities. Autonomous. Similarly, it shall establish or participate in commercial companies, in accordance with Article 19 of Law 13/1986 of 14 April, and shall conclude contracts with undertakings interested in the acquisition of the results generated by their groups. research, enhancing the creation of competent units for the management of technology transfer and valuation.

j) Facilitate the dissemination of the results of own research by publishing publications and organizing national and international congresses.

Chapter II

Governing Bodies

Article 4.

1. The government of the Higher Council of Scientific Research corresponds to the following bodies:

(a) Colleges: The Governing Board and the Governing Board.

b) Unipersonal: The President of the Superior Council of Scientific Research, which will also be of his Board of Directors and of the Governing Board, the Vice-Presidents and the Manager.

2. The aforementioned collegiate bodies shall adjust their action to the general rules of administrative procedure and, as far as is not provided for in them, to the specific provisions to be laid down for the operation of those bodies.

Article 5.

1. They will be the Vowels of the Governing

:

(a) Four representatives of ministerial departments or agencies dependent on the State with competence in the field of scientific and technological research. They will be appointed by the Minister of Education and Science, on a proposal from the Inter-Ministerial Committee on Science and Technology. His term of office will be four years.

(b) Two representatives of the Ministry of Education and Science, appointed by its holder. His term of office will be four years.

c) A representative of each of those trade union organizations which, according to the Organic Law 11/1985 of 2 August, on Freedom of Association, have in the state the character of the most representative, up to a a maximum of three, appointed by the Minister for Education and Science on a proposal from them. They shall be renewed at the request of the organisations concerned and, in any event, immediately after the elections.

(d) The same number referred to in the preceding paragraph, of representatives of the business associations which have at the State level the representativeness provided for in the additional sixth provision of the Staff Regulations, appointed by the Minister for Education and Science on a proposal from the entities concerned. They shall be renewed at their request.

e) The Vice-Presidents of the Scientific Research Council and the Manager of this body, who will act as secretary.

f) Eight scientists appointed by the Chairman of the Scientific Research Council, on a proposal from the Scientific Advisory Committee referred to in Article 7 of this Regulation.

2. They will be the functions of the Rector Council:

a) Establish the lines of action of the body, in accordance with the guidelines of national scientific and technological policy, allocating the resources available to achieve the scientific objectives marked.

b) Approve, every five years at least, or when a National Plan of Scientific Research and Technological Development is initiated and in accordance with the guidelines established by the National Plan of Action, configured as Article 6 (1) of the Law of 14 April 1986, which is to be submitted to the Inter-Ministerial Committee on Science and Technology, in accordance with Article 6.1 of Law 13/1986 of 14 April.

c) Approve the organization in scientific and technical areas of the Higher Council of Scientific Research, adapting it in each case to the Action Plan mentioned in the previous paragraph.

d) To know and report annually the preliminary draft budget and the body's memory of action.

e) To know the decisions of creation, modification and suppression of research and development units, which are adopted by the Governing Board or which are the result of cooperation agreements.

f) Other than any other expressly attributed to you by the Minister of Education and Science or the Secretary of State for Universities and Research.

3. The Governing Council, convened by the President, shall meet at least once a year in ordinary session, or at extraordinary meetings on the initiative of the President himself or at the request of a quarter of the members.

4. The status of a member of the Governing Board shall be incompatible with the performance of the position of Director or Deputy Director of the Centre or Institute.

Article 6.

1. They will be members of the Board of Governors of the Higher Council of Scientific Research:

(a) The Vice-Presidents and the Manager, who will act as secretary.

b) Five representatives of staff at the service of the Higher Council of Scientific Research, who must be chosen respectively by and among those belonging to the scales of scientific research staff, personnel Senior and technical staff, assistant staff, administration staff and staff. The term of office shall be four years. The procedure for the election of these vowels will be regulated by ministerial order.

(c) Five scientists belonging to the scales of scientific research staff of the body, appointed by the President on a proposal from the Scientific Advisory Committee, referred to in Article 7 of this Regulation.

2. The functions of the Governing Board of the Scientific Research Council, which is responsible for the regular management of the body, shall be as follows:

(a) Develop the guidelines issued by the Governing Council for programming and draw up proposals to be submitted to it for approval.

(b) To promote the creation, modification or deletion of own research and development units and their attachment, where appropriate, to the corresponding scientific and technical areas for a better adaptation to the needs The programme's programme.

c) Approve cooperation agreements with other bodies, public or private, national or international, for the establishment of joint, associate or other centres for the implementation of projects of mutual interest or any other cooperation activity.

(d) Report on the appointments and cessation of management positions as provided for in each case by this Regulation and the rules that develop it.

e) Approve the proposals related to the distribution of personnel and economic resources in the different research and development units.

f) Approve the preliminary draft budget and annual report of the body, with a prior report from the Governing Council.

g) Solve issues affecting the body's assets, provided they are the body's competence.

h) Establish guidelines and procedures to assess the activity of the body's staff.

i) Any other function that is regulated, and is consistent with the functions of the body.

3. The Governing Board shall meet, in advance convened by its Chairman, at least once a month. It shall also meet at the initiative of the President himself or at the request of at least five of its members.

4. The President, at the request of the Governing Board or on his own initiative, may convene the meetings of the Governing Board, with a voice but without a vote, to those persons who, for their experience in the matter, can provide relevant information on topics on the agenda.

Article 7.

1. The Governing Board shall be supported by a Standing Scientific Advisory Committee. This Committee shall inform and advise the Governing Board on the development and characteristics of scientific and technical research at national and international level, and on its possible impact on the functioning of the Higher Council. of Scientific Research. It shall also make proposals and report on the measures to be taken to ensure that these aspects are taken into account in the planning and management of the activities.

For such purposes, the Scientific Advisory Committee shall inform, inter alia, the following matters:

(a) The Sectoral Action Programme provided for in Article 5.2 (b).

b) The guidelines of scientific policy and scientific aspects of the policy of institutional, budgetary and personnel relations to be followed by the body.

c) The creation, modification, sorting, deletion and evaluation of the Areas, Institutes, Centers and Departments.

d) Other items submitted to them by the Governing Board.

It is also up to this Committee to raise the Presidency's proposals for candidates to appoint among them those who are to be part of the Governing Board and the Governing Board, as provided for in Articles 5.1, (f) and 6.1, c). It shall also report on the appointment of the members of the area committees referred to in Article 16.

For the performance of its functions, the Committee may collect as much information as it deems necessary from the governing bodies of the body.

2. The Scientific Advisory Committee shall be chaired by the Chair of the Scientific Research Council. They will be part of it:

a) The Vice President of Scientific and Technical Research.

b) Coordinators of scientific-technical areas.

c) A representative of each of the scientific-technical areas, chosen by and among the research scientific staff assigned to each of them.

d) Six scientists appointed by the Chairman of the Scientific Research Council.

e) The Secretary, appointed by the Chair of the Scientific Advisory Committee of the Deputy Directors-General of the Scientific Research Council, who will act with a voice and without a vote.

3. The functioning of this Committee and the procedure for the election of the members referred to in paragraph 2 (c) above shall be governed by ministerial order.

4. The Governing Board may set up as many advisory committees as it deems necessary for specific matters not included among those assigned to the Scientific Advisory Committee.

Article 8.

1. The President of the Scientific Research Council, with the rank of Director-General, will be appointed by the Government on a proposal from the Minister of Education and Science.

2. The President's duties will be:

a) Ostend the representation of the organism.

b) Velar for the implementation of the agreements of the Governing Council and the Governing Board, whose presidency it holds.

c) The direction, coordination, evaluation and supervision of all the services, as well as the leadership of the staff of the agency.

d) The functions entrusted to it by the provisions in force.

3. The President may delegate his or her own duties as appropriate to the Vice-Presidents and the Manager.

Article 9.

Under the direction of the President there will be the following units with an organic level of Subdirectorate General, the holders of which will be appointed by the general procedure established:

a) Vice-Presidency of Scientific and Technical Research.

b) Vice-Presidency of the Organization and Institutional Relations.

c) Management.

d) Subdirectorate General for Programming, Monitoring and Scientific Documentation.

(e) General Subdirectorate of International Relations.

(f) Deputy Director-General for Economic Performance.

g) Subdirectorate General of Human Resources.

h) Subdirectorate General of Works and Infrastructure.

Article 10.

1. The Vice-Presidency for Scientific and Technical Research functionally directs the performance of the General Secretariat for Programming, Monitoring and Scientific Documentation and will perform the following functions:

a) Planning and coordination of scientific and technical research.

b) Coordination of technology transfer activity.

2. The General Secretariat for Programming, Monitoring and Scientific Documentation shall perform the following tasks:

a) Programming, management and monitoring of scientific and technical research.

b) Impulse and management of scientific documentation activity.

c) Technology transfer management and control.

3. The Vice-Presidency for Scientific and Technical Research shall also exercise the direction of the Area Coordinators provided for in Article 15.2 of this Regulation.

Article 11.

1. The Vice-Presidency of the Organization and Institutional Relations functionally directs the performance of the Subdirectorate General for International Relations and will perform the following functions:

a) Planning and coordination of scientific and technical cooperation.

b) Planning and boosting institutional relations.

2. The Deputy Director General for International Relations shall perform the following tasks:

a) Managing scientific and technical cooperation with international organizations.

b) Development and control of the body's institutional relations.

3. Where the interests of the body advise it, or where the volume, importance or nature of relations with other national or international bodies so require, institutional coordinators may exist, the level of which shall be determined in the relation of jobs and whose performance will be carried out under the functional dependence of the Vice-Presidency of the Organization and Institutional Relations.

Article 12.

1. The Management, responsible for the staff and general services of the agency, exercises management on the operation of the administrative organization and the economic management, and directs the performance of the Subdirectorates General of Economic, Human Resources and Works and Infrastructure.

2. The Deputy Directorate-General for Economic Performance shall perform the following tasks:

a) Budgetary control and monitoring.

b) Managing and controlling financial activity.

3. The Subdirectorate-General for Human Resources shall perform the following tasks: (a) Management of human resources policy.

b) Managing the body's general services.

4. The General Subdirectorate of Works and Infrastructure shall perform the following functions:

a) Heritage management of the body.

b) Management of works and infrastructure.

Article 13.

1. In the various bodies of the structure of the Scientific Research Council, there may also be certain posts with functions of technical support and advice, the level of which will be determined in relation to posts. -work.

2. The Delegation of the Ministry of Education and Science will act in the body in the exercise of its own functions.

Chapter III

Structure and operation

Article 14.

1. The Scientific Research Council will organize its research activity mainly through research projects and contracts.

2. In accordance with the objectives and objectives of the Scientific Research Council, research projects may be classified in the following types:

(a) Projects integrated into national or sectoral programmes.

b) Projects integrated into the Framework Programme of the European Communities.

c) Projects corresponding to the programmes of the Autonomous Communities.

(d) Conventions and contracts for research and advice with public and private companies.

e) Projects of international cooperation.

f) How many projects are entrusted to you by the Government of the Nation or the Ministry of Education and Science.

3. In the light of studies of scientific foresight and the demand for contracted research, the Presidency will develop the Sectoral Program of the Higher Council of Scientific Research, which will cover projects that are considered to be priorities. The sectoral programme will have to be approved by the Rector Council, prior to its referral to the Interministerial Committee on Science and Technology.

Article 15.

1. The planning, coordination and supervision of the scientific-technical activity of the organism will be carried out through scientific-technical areas, in which the Institutes, Centers, Departments and any other organizational structure will be integrated. dedicated to the execution of the research that is believed in the organism.

2. At the head of each area there will be a Coordinator, who will perform his duties with the support of the area Commission.

Article 16.

1. The Coordinators of the area shall be appointed by the President of the body, by the procedure of free designation, heard by the Scientific Advisory Committee and the Governing Board. They will depend organically on the Vice President for Scientific and Technical Research.

2. Area Commissions are set up as the collegiate bodies through which the functions entrusted to the areas will be developed. They shall consist of a minimum number of four and a maximum of eight scientists, appointed by the Chair of the body, heard by the Scientific Advisory Committee and the Governing Board, all belonging to the area or related areas.

3. The functions of the Area Coordinators and Commissions shall be determined by Ministerial Order, in accordance with the definition set out in Article 15.1 above, and the functioning of the tasks shall be regulated.

Article 17.

1. The activities of a scientific and technical nature entrusted by the Higher Council of Scientific Research will be carried out through the Institutes, Centers and Departments.

2. Research support and support activities will be carried out through the support and service units.

3. It is up to the Governing Board to approve the creation, modification or deletion of the Institutes, Centers, Departments and Support and Service Units, as well as to decide on the organization of its organizational structure in the terms foreseen in the this rule, giving the Governing Council the right to do so.

Article 18.

1. The Institutes shall be the units through which the scientific and technical functions referred to in Article 17 are carried out in the most common manner. They shall be dedicated to one or more related disciplines or to a particular objective of scientific, technological or economic-social interest.

2. The Centers will be units that include several Institutes or several Departments that are dedicated to scientific disciplines or objectives among which there is no affinity or convergence, which have the same physical location and share services. common.

3. The Departments shall be the basic units dedicated to one or more sub-disciplines of the same scientific field. The Institutes will be organized in Departments and Centers in Institutes and Departments or in Departments only, as appropriate.

4. The Governing Board may agree on the creation and management of other units in order to address relevant scientific or technological objectives which require, permanently or temporarily, a specific structure, giving the Council a specific account. Rector.

5. The Institutes, Centres, Departments and any other units dedicated to the implementation of the investigation shall be integrated into areas as provided for in Article 15 of this Regulation. In the case of Centers whose Departments belong to different fields of fields, each Department will be assigned to the area with its activities.

Article 19.

1. The Institutes and Centers shall be constituted at least with two Departments and the Departments at least with five scientists belonging to the agency, except in cases where the Board of Government appreciates the reasons for the exceptional circumstances. In the case of Institutes and Centers of New Creation, they will have the consideration of Institutes and Centers , until the minimum mentioned above is reached in them.

2. The Institutes and Centres will have the support of at least one administrative service unit. Depending on their activity and needs, they may also have other support units and services such as library, documentation or other research assistance.

Article 20.

1. At the head of each Institute or Centre there will be a Director, assisted by one or more Vice-Directors; by a Manager, and by the Heads of Department.

2. The Directors shall be appointed and terminated by the Chair of the Body, heard by the Governing Board. To this end, the Board of the Institute or Centre, after a report from the Centre, shall submit to the President a reasoned list of candidates. This list may be extended by the Governing Board, subject to the report of the Scientific Advisory Committee. The term of office of the Directors shall be four years.

3. Vacant the position of Director, the President of the body may appoint Directors , as long as the procedure of appointment described in paragraph 2 of this article is completed.

4. In the Centres which are made up of several Institutes, the Director of the Centre will coordinate the actions of the Directors of the Institutes which make it up to the sole effects of the proper use of the premises and common services of the Institutes. The Director of these Centres will be appointed by the President of the Higher Council of Scientific Research among the Directors of the Institute who will integrate them.

Article 21.

The functions of the Institute or Center Directors will be as follows:

a) Ostend the representation of the Institute or Center in as many instances as necessary.

b) To direct, coordinate and supervise all the services and activities of its Institute or Centre, regardless of the competencies reserved for the principal investigators in the direction of their respective projects research.

c) Coordinate the implementation of the scientific programme of the Institute or Centre setting out the short, medium and long-term scientific and technical objectives, drawn up and approved as provided for in Article 24 (3) (a) of the This Regulation.

d) To direct and supervise the fulfilment of the obligations by the staff of the Institute or Centre and to propose to the Presidency the necessary measures to resolve any problems that may arise.

e) To ensure that the facilities and facilities of the Institute or Center are appropriate for the effective development of the activities within it.

f) Velar for the proper execution of the research projects of the Institute or Center.

g) Distribute the available resources to the various departments and working groups and ensure their best use for the development of the activities.

h) Develop annually the activities of the Institute or Center in accordance with the guidelines established by the Governing Board.

i) To inform the Board of the Institute or the Center of the steps taken in the performance of his office and the members of the Institute or Center of how many matters could affect them.

Article 22.

1. The Vice-Directors shall assist the Directors in their duties by performing the duties delegated or entrusted to them. The Vice-Directors shall be appointed by the President of the Scientific Research Council, on a proposal from the Directors of the Institute or Center.

2. The Heads of Department shall direct, coordinate and supervise the activities, within them, to ensure the good use and distribution of the resources assigned to them and the fulfilment of the obligations of the personnel. This is without prejudice to the functions which the principal investigators are responsible for in the implementation of their respective research project. The Heads of Department shall be appointed by the Director of the Institute or Center, heard by the scientific staff of the Department.

Article 23.

The Institute or Center Manager, under the orders of the Director, will be responsible for:

(a) The economic and administrative management of the general services, the purchases and supplies and the maintenance of the unit.

b) The management, supervision and control of the work of the staff assigned to those functions.

(c) The Secretariat of the Institute or Centre.

The Manager will be appointed by the President of the Higher Council of Scientific Research by the procedure of free designation, ears the Manager of the agency and the Director of the Institute or Center.

Article 24.

1. In each Institute or Centre there shall be a Board consisting of:

(a) The Director, who shall exercise the Presidency.

b) The Deputy Director or Vice-Directors.

c) The Manager, who will act as secretary.

d) The Heads of Department.

e) A number of staff representatives equal to one-third of the total Board members, the non-exact quotient being rounded up by default.

f) Propose to the Chairman of the Scientific Research Council the reasoned list of candidates, in accordance with Article 20.2 of this Regulation, for the purposes of appointing the Directors of Institute or Center.

2. The procedure for the election of the representatives of staff referred to in paragraph (e) of the previous paragraph shall be governed by ministerial order.

3. The Board of Institute or Centre shall advise and inform the Director of all matters affecting the operation of the Board. You will also have the following functions:

(a) Develop, in accordance with the criteria approved by the Governing Board and on the proposal of the Scientific Advisory Committee, the scientific programme of the Institute or Centre, which shall contain the scientific and technical objectives of the same in the short term, the medium and long term, and the resources and planning of resources necessary for their implementation. This proposal must be approved by the Cloister before its elevation to the Governing Board, which will approve it, if necessary, after the Scientific Advisory Committee has been informed.

b) Propose initiatives and exchanges of collaboration with universities and other research bodies. It shall issue in this respect the reports referred to in Article 28 (2) and (3) of this Regulation.

c) Report the proposals of the Directorate on the distribution between the different Departments and groups of the available resources.

d) Report on the agreements, contracts and research projects that are developed within the Institute or Center.

e) Approve the annual activity memory.

f) How many are expressly attributed to you by the Governing Board.

4. The Board of Institute or Centre shall meet at least once a month, convened by its Director. The Board may also meet at the initiative of the Director or at least one third of its members.

Article 25.

The Institutes and Centers will be able to incorporate into their activities doctors from universities and other research organizations, who will have the consideration of .

Article 26.

1. A Scientific Cloister, chaired by the Director, shall be exempted from each Institute or Centre by the research staff of the Institute or Centre. The Cloister shall elect its Secretary in its first session.

2. The Cloister shall be the forum for the deliberation of the scientific affairs of the Institute or Centre. In particular it is their competence:

(a) Approve the proposal for a scientific programme referred to in Article 24 (3) (a) of this Regulation.

b) Inform the proposal that, for the appointment of Director, submit to him the Board of Institute or Center.

c) Propose to the Board of Institute or Center for study, approval and, where appropriate, elevation to the governing bodies as many measures as it deems appropriate for the best functioning of the scientific activities of the Institute or Center.

3. The Cloister shall meet at least once a year, convened by the Director of the Institute or Centre. The Cloister may also meet at the initiative of the Director, or at least one third of its members.

4. The Southern Ccloister may decide on the management of the Director, after discussion and vote in an extraordinary session convened for this purpose. This statement, which will not be binding, will be submitted to the Presidency of the body.

Chapter IV

Institutional relations

Article 27.

The Higher Council of Scientific Research may establish agreements with universities and agencies of the State Administration or Autonomous Communities for the creation or adaptation of their own units of research and development to the objectives of the programmes of national, sectoral or Autonomous Communities, described in Article 6.2 of Law 13/1986, of the Promotion and General Coordination of Scientific and Technical Research. Your government will be governed by the provisions of the relevant convention, which will be given to the General Council for Science and Technology, in accordance with Article 15.1 of Law 13/1986, for the Promotion and General Coordination of Research Scientific and Technical.

Article 28.

1. The Scientific Research Council will be able to participate in the creation and maintenance of joint research and development units and shared ownership with universities and other public or private bodies.

2. The Scientific Research Council may, by agreement, associate research and development units with universities or research bodies, subject to a report from the Commission of the relevant area and heard by the Board of the Institute. o Center or, if applicable, the Department. They will have the consideration of units associated with the university or body concerned, without losing their membership to the Higher Council of Scientific Research.

3. The Scientific Research Council may, by way of agreement, associate its Institutes, Centres or Departments with research and development units of universities or other research bodies, subject to a report from the Commission of area and hear the Board of Institute or Center or, if applicable, the corresponding Department. They will have the consideration of units associated with the Higher Council of Scientific Research, without losing in any case their membership in the body that they come from.

4. The Scientific Research Council will be able to create other forms of institutional collaboration to meet new needs or demands that may arise in the evolution of the context of its institutional relations.

5. The Governing Board shall regulate the conditions and procedures for the creation, management, modification and, where appropriate, the abolition of the arrangements for institutional collaboration referred to in paragraphs 1, 2, 3 and 4.

Article 29.

1. For the implementation of research programs that are considered of special interest by the Government of the Nation, the various ministerial departments, the governments of the Autonomous Communities, the Local Entities or other agencies Institutes or Centres may be established by agreement between the bodies concerned, which shall be governed by a Board of Trustees.

2. Each Board will have the following functions:

a) Propose the program of the Institute or Center.

b) Contribute to the financing of the activities of the unit.

c) Promote the implementation of research agreements and contracts with public and private institutions and, in particular, those that are represented in it.

d) Develop the preliminary draft budget and approve the annual activity memory.

e) Propose to the Presidency of the Higher Council of Scientific Research the appointment and termination of the Director.

3. The Ministry of Education and Science will regulate the general conditions and procedure for the creation of Institutes and Centers with Patronato.

Chapter V

Economic resources

Article 30.

1. In order to carry out scientific or technical work, the Minister for Education and Science may authorise the transfer of the rights of industrial or intellectual property or the development of specialization courses. with respect to the body, and after report of the Delegated Intervention, generations of credit in the statements of expenditure of their budgets when they are financed with the income derived from the contracts concluded by the Superior Council of Investigations Scientific with public or private entities or with natural persons, or by means of resources provided by the public sector within the National Plan referred to in the Law on the Promotion and General Coordination of Scientific and Technical Research.

2. By way of derogation from the above paragraph, where the generation of credit is intended to affect the allocation of the productivity supplement referred to in Article 23 (3) (c) of Law No 30/1984 of 2 August 1984, Measures for the Reform of the Civil Service will require a favorable report from the Ministry of Economy and Finance.