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$20 per month, or Get a Day Pass for only USD$4.99.
For the management and development of technological innovation of the Ministry of industry and energy policy, law 27/1984, of 26 July, reconversion and reindustrialization, transformed the autonomous body Centre for technological and Industrial Development under the mentioned Ministry, in an entity of public law, with legal personality, provided for in paragraph 1.b) of the article 6. ° of the General budget law.

The third final provision of law 27/1984, arranged the adoption by the Government, the regulation of the Centre for technological and Industrial development which, among other aspects, should regulate the powers and composition of their governing bodies.

On the other hand, the Act 13/1986, of 14 April, promotion and General coordination of scientific research and technical, entrusts the Centre for technological and Industrial development, new features, and at its disposal additional ninth, authorizes the Government to dictate the appropriate measures to adapt its structure and organization to those.

The fact that the Centre for technological and Industrial development is an entity currently operating, ago recommended the establishment of a transitional period to carry out the adaptation of their new regime governing bodies, without affecting the performance.

By virtue, on the proposal of the Minister of industry and energy, according to the Council of State and after deliberation by the Council of Ministers at its meeting on June 6, 1986, available: single article.

Approves the rules of procedure of the Centre for technological development and Industrial (CDTI), whose text is then inserted.

TRANSITIONAL provision the adaptation of the governing bodies of the Centre for technological and Industrial Development to the provisions of this regulation, be held within the period of three months from its entry into force.

Given in Madrid on June 6, 1986.

JUAN CARLOS R.

The Minister of industry and energy, JOAN MAJO CRUZATE regulation of the Centre for the development TECNOLÓGICO E INDUSTRIAL (CDTI) chapter first nature and functions article 1 El Centro para el Desarrollo Tecnológico Industrial (in later CDTI) is an entity of public law, with legal personality, provided for in article 6.1. b) of the General budget law 11/1977 of 4 January that it is governed by law 27/1984, of 26 July; Act 13/1986, of 14 April, of promotion and General coordination of scientific research and technical; the General Law on budgetary and other provisions that may be applicable, excluding the law of autonomous State entities.

Item 2 ° the CDTI Act subject to the private law and to good commercial practices in their external legal relations. Its staff will be employed and will be governed by the labour or private law standards that may apply.

Article 3.

The functions of the CDTI are: 1st identify priority technology areas.

2 promote collaboration between industry and the institutions and bodies of research and technological development.

3rd promote the industrial exploitation of the technologies developed at the initiative of the Centre itself or by other public and private schools and to support the manufacture of pre-series and commercialization of new products and processes, especially in foreign markets.

4th participation at risk and ventura or through credits privileged programs and technological development or industrial design projects.

5th participate in operations of venture capital, by taking actions or other minority representative holdings of the share capital in new companies with emerging technology.

6th order and acquire prototypes of products and pilot plants.

7 develop a program of support to technological innovation management.

(8th in connection with the National Plan for scientific research and technological development, shall exercise the following functions: to) evaluate the technological and financial content of the projects involving companies.

b) contract with the universities, public research bodies and companies promoting the commercial exploitation of the technologies developed by them.

(c) collaborate with the Interministerial Commission for science and technology in obtaining adequate scientific, technological and industrial returns of international programs with Spanish participation and manage that, pursuant to article 8 of the Act 13/1986, of 14 April, one entrusted.

Chapter II bodies guiding article 4. ° the governing bodies of the CDTI are: the Board of Directors, the Executive Committees, the President and the Director-general.

Article 5 1. The Board of Directors of the CDTI is integrated by: a) the President, who is the Undersecretary of the Ministry of industry and energy.

(b)) the Vice President, who shall be appointed by the Board of Directors, on the proposal of the President, from among the directors.

(c) a minimum of 10 and a maximum of 20 directors, of which at least two-thirds will act on behalf of the Government.

In any case they will be part of the Council, on behalf of the Permanent Commission of science and technology, under the law of promotion and General coordination of scientific research and technique, three members, with rank of Director general of the ministries of education and science, industry and energy and economy and finance. Such members shall be appointed by the Minister of industry on the proposal of the Interministerial Commission on Science and technology.

2. the directors shall be appointed by the Minister of industry and energy.

3. the Management Board shall adopt diets to perceive by the counselors.

However as set forth in the preceding paragraph, the directors on behalf of the administration of the State shall not charge other remuneration than the General Administration.

4. the Council, on the proposal of the President, shall appoint a Secretary of the Council among the staff of the institution, who will attend the meetings with voice but without vote. The Secretary shall be replaced by the Adviser of younger age in cases of vacancy, absence, illness or legitimate impediment. The Secretary shall receive allowances or assistance provided for in the preceding paragraph.

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

Article 6 ° correspond to the governing body the following competencies: 1 direct the actions of the CDTI within the framework of the industrial policy and technological innovation set by the Gobiernd or, where appropriate, by the Interministerial Commission on Science and technology.

2nd inform and raise proposals requiring approval thereof to the competent bodies of the State administration.

3rd approval templates and remuneration regime of the staff, following a report of the Ministry of economy and finance.

4 approve the regime of operation of the entity as well as urge the rules for the functioning of the Council in matters not provided for in the regulation.

5th approve the annual report, Balance sheet, results count, the picture of funding, as well as the preliminary draft budgets of exploitation and capital and program of actions, investments and financing.

6th to represent the entity, all kinds of acts and conclude contracts that are necessary or convenient to carry out the purposes of the institution.

Previous definition of responsibilities of the Board of Directors is merely declarative, and does not limit in any way the broad powers that its representation, Government, disposition, management and administration of the institution, no other exceptions than those set forth in the law.

Article 7 1. Board of Directors will meet upon convocation of its President, on his initiative or at the request of at least three directors, as many times as each quarter is necessary for the proper functioning of the institution and, at least once.

2 it is not required prior notice of a Board so it is validly constituted, if being present all the counselors so they agree unanimously.

3. the call of the Council, except in cases of urgency appreciated by its President, shall be notified, at least forty-eight hours in advance. In the call order of affairs will be to treat.

4. the Council shall be validly constituted when attend the meeting, present or represented, half plus one of all its components. Agreements shall be taken by an absolute majority of concurrent directors. In case of tie the President shall have a casting vote.

5. for each session shall be minutes, which may be approved in the own session to which it relates or the next. The minutes shall be signed by the Registrar with the approval of the President.

Certifications of the agreements of the Board of Directors shall be issued in the same way.

6. the members of the Council may be to place on record his vote against the agreement adopted and the reasons justifying them.

Article 8 ° the Board of Directors may delegate, with either permanent or temporary, any of its powers in the Executive Committees, the President, Vice President or Director-general, as well as confer powers of Attorney for specific cases without limitation of people. Shall not be delegable powers set out in paragraphs 4. ° and 5. ° of article 6. of this regulation.

Article 9. °


1. the Board of Directors may establish one or more committees Executive and delegate to them functions that deems, with exceptions in the article 8.2. The Executive Committee shall be presided over by the President and will be integrated, when less, by four directors, acting as Secretary of the Board of Directors.

3. the Executive Committees will meet upon call of the President as many times as it deems necessary and, at least, a once a month.

4 they are applicable to the Executive commissions rules on quorum, agreement, minutes, votes and diets for the Board of Directors.

Article 10.

The Chairman of the Board of Directors will also be the entity and shall be responsible for: 1. the representation of the Board of Directors and the performance of the duties delegated by this.

2 ensure compliance with laws and regulations, as well as take care of the implementation of the agreements made by the Board of Directors and its Executive Committee.

3 propose to the Board of Directors the appointment and separation from the Secretary of the same.

4 direct the tasks of the Board of Directors, ordering their calls, set the agenda of the meetings, preside over them, and guide the deliberations.

5. the other faculties that delegate you the Board of Directors.

Article 11 the Vice President of the Board of Directors will also be the entity and shall be responsible for: 1. replace the President in his functions in case of absence, disease and generally occur when any cause.

2. the other faculties that delegate you the Board of directors or the President.

Article 12.

It is up to the Secretary of the Board of Directors on course calls for its meetings as well as for the of the Executive Committees, prepare sessions, record of what happened in them, attest to its agreements and process these for execution.

Article 13.

1. the Director-general, which will form part of the staff of the CDTI, will be appointed, on a proposal from the President and heard the Board of Directors, by the Minister of industry and energy and shall exercise the powers which the Council determined le and delegated.

2. the Director-general will be replaced in the event of vacancy, absence, illness or legitimate impediment by the person designated by the President among members of the senior management of the CDTI.

Chapter III article 14 resources.

The CDTI resources will be integrated by: 1. products and incomes from their heritage, which is made up of the property and rights of the transformed CDTI autonomous body, as well as that from this date cannot be incorporated.

2. the contribution of the State to investment and operating expenses, which is assigned to the CDTI in the General State budget.

3. the generated by the provision of its services.

4. appropriations and loans that may be granted to the CDTI.

5. any other contribution that can be attributed.

Chapter IV regime financial article 15.

CDTI shall draw up and carry out a program of action, investments and financing of its activities, in accordance with articles 87, 88 and 89 of the General Law on budgetary annually.

Article 16.

The programme referred to in the preceding article will respond as regulated in the article 87 of the General budget law, plans and multiannual forecasts that are prepared appropriately by the entity and are approved by the Ministry of industry and energy.

Article 17.

In addition to the program indicated in the two previous articles, based on the forewarned in articles 87-4 CDTI and 90 of the General budget law, will form an operating budget and a capital.

Article 18.

Efficiency control, set out in article 17 of the General budget law shall be exercised by the General intervention of the administration of the State, in accordance with the provisions of article 93, 3 a) of the law and the regulations of application based on justified accounts of the society, which must subsequently be elevated to the Court of Auditors and the Cortes Generales.

Article 19.

International Article 125.e provisions) of the General budget law CDTI accounting shall be subject to the comprehensive Plan of the Spanish company accounting.

Article 20.

The benefits that each year the losses and profits of the entity account apply to the financing of investments.

AVAILABLE end is repealed the Royal Decree 2/1984, of 4 January.

Related Laws