Advanced Search

Royal Decree 1406 / 1986, Of 6 June, Which Approves The Regulations Of The Centre For Technological And Industrial Development.

Original Language Title: Real Decreto 1406/1986, de 6 de junio, por el que se aprueba el Reglamento del Centro para el Desarrollo Tecnológico e Industrial.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

For the management and development of the technology innovation policy of the Ministry of Industry and Energy, Law 27/1984 of 26 July on conversion and reindustrialisation, transformed the Autonomous Body Centre for the Technological and Industrial Development, attached to the Ministry, in an Entity governed by public law with legal personality, as provided for in Article 6 (1) (b) of the General Budget Law.

The final provision of Law 27/1984, provided for the approval by the Government, of the Regulation of the Center for Technological and Industrial Development which, among other aspects, should regulate the faculties and composition of its governing bodies.

On the other hand, Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, entrusts the Center for Technological and Industrial Development, new functions, and in its provision In addition, it authorizes the Government to make appropriate arrangements to adapt its structure and organisation to those provisions.

The fact that the Centre for Technological and Industrial Development is currently in operation, makes it advisable to set a transitional period for the adaptation of its decision-making bodies. to the new scheme, without such operation being affected.

In its virtue, on the proposal of the Minister of Industry and Energy, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of June 6, 1986,

DISPONGO:

Single item.

The Regulation of the Center for Technological and Industrial Development (CDTI) is approved, the text of which is inserted below.

TRANSIENT DISPOSITION

The adaptation of the decision-making bodies of the Centre for Technological and Industrial Development to the provisions of this Regulation shall be carried out within three months from its entry into force.

Given in Madrid to June 6, 1986.

JOHN CARLOS R.

The Minister of Industry and Energy,

JOAN MAJO CRUZATE

CENTER FOR TECHNOLOGICAL AND INDUSTRIAL DEVELOPMENT (CDTI) REGULATION

CHAPTER FIRST

Nature and functions

Article 1. º

The Centre for Industrial Technological Development (CDTI) is a public law entity with legal personality, as provided for in Article 6.1.b of the General Budget Law 11/1977 of 4 January, which is governed by Law 27/1984 of 26 July; Law 13/1986 of 14 April of the Promotion and General Coordination of Scientific and Technical Research; the General Budget Law and other provisions applicable to it, excluding the Law of Autonomous State Entities.

Article 2. °

The CDTI will act with restraint on private law and good commercial uses in its external legal relations. Your staff will be recruited and will be governed by the rules of employment law or private law that are applicable.

Article 3.

These are CDTI functions:

1. Identify priority technology areas.

2. Promote collaboration between industry and institutions and research and technological development agencies.

3. To promote the industrial exploitation of technologies developed on the initiative of the Center itself or other public and private centers and to support the manufacture of preseries and the marketing of new products and processes, especially in external markets.

4. Take part in risk and venture or through privileged credits in programs and projects of technological development or industrial design.

5. Participate In Venture Capital Operations, by taking stock or other minority shareholdings representing social capital, in new Enterprises with emerging technology.

6. Enload and acquire prototype products and pilot plants.

7. Develop a technology innovation support management program.

8. In relation to the National Plan for Scientific Research and Technological Development, it will perform the following functions:

a) Assess the technological and economic-financial content of projects involving companies.

b) Condealing with universities, public research bodies and companies to promote the commercial exploitation of technologies developed by them.

c) To collaborate with the Inter-Ministerial Commission of Science and Technology in obtaining the appropriate scientific, technological and industrial returns of the International Programs with Spanish participation and to manage those that, in accordance with the provisions of Article 8 of Law 13/1986 of 14 April, the latter commends him.

CHAPTER II

Governing Bodies

Article 4. °

CDTI's governing bodies are: The Board of Directors, the Executive Committees, the President and the Director-General.

Article 5. °

1. The CDTI Board of Directors is composed of:

a) The President, who will be the Undersecretary of the Ministry of Industry and Energy.

(b) The Vice-President, to be appointed by the Board of Directors, on a proposal from the President, from among the Directors.

c) A minimum of 10 and a maximum of 20 Councillors, of which at least two-thirds shall act on behalf of the State Administration.

In any case, they will be part of the Council, representing the Standing Committee on Science and Technology, provided for in the Law on the Promotion and General Coordination of Scientific and Technical Research, three members, with Category of Director-General of the Ministries of Education and Science, Industry and Energy and Economic and Finance. These members shall be appointed by the Minister for Industry on a proposal from the Inter-Ministerial Science and Technology Commission.

2. The Directors will be appointed by the Minister of Industry and Energy.

3. The Board of Directors shall approve the allowances to be received by the Directors.

Notwithstanding the above, the Directors representing the State Administration shall not receive any remuneration other than that established in general in the Administration.

4. The Council, acting on a proposal from the President, shall appoint a Secretary of the Council among the staff of the Entity, who shall attend the meetings with a voice but without a vote. The Registrar shall be replaced by the Minor Counsellor in the cases of vacancy, absence, disease or legitimate impediment. The Secretary shall receive the allowances or assistance provided for in the previous paragraph.

5. The Council, acting on a proposal from the President, shall determine the members of the CDTI senior management who may attend, with a voice but without a vote, the meetings of the Council.

Article 6. °

The following competencies will be provided to the Board of Directors:

1. To direct the action of the CDTI in the framework of the industrial policy and technological innovation established by the Government or, where appropriate, by the Inter-Ministerial Commission of Science and Technology.

2. Inform and raise to the competent organs of the State Administration proposals that require approval of them.

3. Approve the templates and the salary regime of the staff, prior to the Ministry of Economy and Finance.

4. Approve the functioning of the Entity as well as urge the rules for the functioning of the Council itself as not provided for in the Regulation.

5. Approve the Annual Report, the Balance Sheet, the Results Account, the financing table, as well as the preliminary draft and capital budgets and the programme of actions, investments and funding.

6. To hold the representation of the Entity, to perform all kinds of acts and to conclude the contracts that are necessary or suitable for the realization of the purposes of the Entity.

The Board of Directors ' previous determination of powers is merely an enunciative and does not limit in any way the broad powers of the Board in representation, government, disposition, management and administration. of the Entity, without other exceptions than those mentioned in the Law.

Article 7. °

1. The Board of Directors shall meet at the request of its President, at its initiative or at the request of at least three Directors, as often as is necessary for the proper functioning of the Entity and at least once every quarter.

2. It shall not be necessary to call upon the Council to be validly constituted if all the members of the Council so agree unanimously.

3. The convening of the Council, except in cases of urgency appreciated by its President, shall be notified at least 48 hours in advance. The order of business to be dealt with shall be set out in the call.

4. The Council shall be validly constituted when the meeting, present or represented, is attended by half plus one of its components. The agreements shall be taken by an absolute majority of the concurrent members. In case of a tie the President shall have a vote of quality.

5. Minutes shall be drawn up for each meeting, which may be approved in the session itself or in the following session. The minutes shall be signed by the Secretary with the approval of the President.

In the same way, the certifications of the agreements of the Board of Directors will be issued.

6. The members of the Council may, in the minutes, vote against the agreement and the reasons for the agreement.

Article 8. °

The Board of Directors may delegate, on a permanent or temporary basis, any of its powers to the Executive Committees, the President, the Vice-President or the Director-General, as well as to confer special cases without limitation of persons. The powers laid down in Article 6 (4) and (5) of this Regulation shall not be delegated.

Article 9. °

1. The Board of Directors may set up one or more Executive Committees and delegate to them the functions it has as appropriate, with the exceptions provided for in Article

.

2. The Executive Committees shall be chaired by the President and shall be composed, at least, by four Directors, acting as Secretary of the Board of Directors.

3. The Executive Committees shall meet upon convocation of the President as many times as necessary and at least once a month.

4. The rules on quorum, agreement, minutes, votes and allowances provided for by the Board of Directors are applicable to the Executive Commissions.

Article 10.

The Chairman of the Board of Directors shall also be of the Entity and shall be responsible for:

1. Representation of the Board of Directors and the performance of the tasks delegated to it by the Board.

2. Ensure compliance with the Laws and Regulations, as well as care for the implementation of the agreements made by the Board of Directors and their Executive Commissions.

3. Propose to the Board of Directors the appointment and separation of the Secretary of the Board.

4. Direct the tasks of the Board of Directors, order their calls, set the agenda for the meetings, preside over them, and direct the deliberations.

5. The other powers delegated to it by the Board of Directors.

Article 11

The Vice President of the Board of Directors shall also be of the Entity and shall be responsible for:

1. Replace the President in his/her duties in cases of absence, illness and in general when any justified cause occurs.

2. The other powers delegated to it by the Board or the President.

Article 12.

It is up to the Secretary of the Board of Directors to issue the calls for their meetings as well as those of the Executive Committees, to prepare the sessions, to draw up the minutes of the meetings, to attest to their agreements and process these for execution.

Article 13.

1. The Director-General, who shall be a member of the CDTI staff, shall be appointed, on a proposal from the Chair and heard by the Management Board, by the Minister for Industry and Energy and shall exercise the powers that the Council shall determine and delegate to it.

2. The Director-General shall be replaced in the event of a vacancy, absence, illness or legitimate impediment by the person who among the members of the CDTI senior management appoints the President.

CHAPTER III

Resources

Article 14.

CDTI resources will be integrated by:

1. The products and income of their assets, which is made up of the goods and rights of the transformed Autonomous Body CDTI, as well as those that from this date can be incorporated.

2. State input for investment and operating expenses, which is allocated to CDTI in the State Budget.

3. Those generated by the provision of their services.

4. Loans and loans that may be granted to CDTI.

5. Any other input that can be attributed to it.

CHAPTER IV

Economic-financial regime

Article 15.

The CDTI shall draw up and carry out an annual programme of activities, investments and financing of its activities, in accordance with Articles 87, 88 and 89 of the General Budget Law.

Article 16.

The program referred to in the previous article will respond in accordance with the provisions of Article 87 of the General Budget Law, to the multiannual plans and forecasts that are drawn up in a timely manner by the Entity and approved by the the Ministry of Industry and Energy.

Article 17.

In addition to the program indicated in the previous two articles, the CDTI, based on the provisions of Articles 87-4 and 90 of the General Budget Law, will form an operating and other capital budget.

Article 18.

The effectiveness check, as laid down in Article 17 of the General Budget Law, shall be exercised by the General Intervention of the State Administration, in accordance with Article 93 (3) (a) of the Law itself, and the regulatory provisions for implementation on the basis of the Company's justified accounts, which shall subsequently be raised to the Court of Auditors and to the General Courts.

Article 19.

According to the provisions of article 125.e) of the General Budget Law, CDTI accounting will be adjusted to the General Accounting Plan of the Spanish Company.

Article 20.

The benefits that the Entity's Loss and Earnings account will yield annually will apply to the financing of investments.

FINAL DISPOSITION

Royal Decree 2/1984, dated 4 January, is hereby repealed.