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Act 13/1986, Of 14 April, Promotion And General Coordination Of Scientific Research And Technique.

Original Language Title: Ley 13/1986, de 14 de abril, de Fomento y Coordinación General de la Investigación Científica y Técnica.

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TEXT

JOHN CARLOS I,

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

EXPLANATORY STATEMENT:

Scientific research and technological development have traditionally been developed in Spain in a climate of atony and lack of social stimuli, in the absence of instruments guaranteeing the effective intervention of the public authorities in order for the programming and coordination of the scarce resources at issue, the lack of connection between the objectives of the research and the policies of the sectors related to it, as well as, in general, between the centres of researchers and the productive sectors. It is not surprising, therefore, that the Spanish contribution to scientific and technological progress has, in general, been scarce and unseemly from the place which in other orders has corresponded to us, and which, when this has not been the case, as in some periods of the current century, the most valuable contributions have proceeded from the isolated effort of relevant personalities.

If known are the evils that this situation has brought for the possibilities of technical progress, modernization and rationalization of the habits and attitudes of the Spanish society, in the past, the risks that in the immediate The future will derive from the persistence of a state of similar things, they hardly need weighting. In fact, the links between research and socio-economic development, which have been assumed in the advanced countries, are in our times, characterized by a sustained economic crisis and intense industrial competition, more evident. than ever. The challenge of the so-called third industrial revolution demands, and indeed is producing in those countries, a steady increase in investments in research and innovation in order to stay at the forefront of technological change.

The need to correct the traditional evils of our scientific and technical production, basically focused on insufficient resources and disorderly coordination and management of the research programs, As well as ensuring that Spain is fully involved in the process in which the industrialized countries of our environment are immersed, they are amply justified in the enactment of a regulation which, within the objectives already set by the Constitution, establish the necessary instruments to define the priority lines of action in the field of scientific research and technological development, programming resources and coordinating actions between the productive sectors, research centres and universities. These are the main principles that inspire this Law, as a guarantee of a comprehensive, coherent and rigorous scientific policy at its various levels of planning, programming, execution and monitoring, in order to obtain the necessary increase of resources for research the scientific-cultural, social and economic profitability more suited to our requirements and needs.

This is the way in which the constitutional mandate is given to the State Administration to be responsible for the promotion and general coordination of scientific and technical research (Article 149.1.15). Constitution) and in accordance with the "general interest" which obliges all public authorities (Article 44, 2 of the Constitution). On the other hand, the different Statutes of Autonomy have established the competences that each Autonomous Community has in this field. Thus, the need to coordinate the activities of the different Autonomous Communities in the field of research and the State Administration needs to be coordinated. To this requirement is the creation of a General Council of Science and Technology in which representatives of the State Administration and the Autonomous Communities will participate.

The Law entrusts to an Inter-Ministerial Commission of Science and Technology, the programming of the research activities of the agencies dependent on the State Administration through the National Research Plan Scientific and Technological Development. This establishes a new and inclusive mechanism for agile and efficient programming and, together, a suitable and modern methodology for dealing with the complex process of planning, coordination and management. The National Plan, whose approval is for the Government and whose monitoring and evaluation will be carried out by the Parliament on the basis of the communications sent to it periodically by the Executive, will establish the main objectives in scientific and technological research for multi-annual periods, and will order activities aimed at achieving them in national programmes, sectoral programmes, to be carried out by the various Ministries with responsibility in this field and programmes of Autonomous Communities, which are financed in whole or in part by State resources.

The foreseeable, while imperative, expansion of Spanish scientific and technical research in the coming years calls for a correlative increase in the number of new researchers, as well as an intensive use of the experience of the research teachers. The training programmes, which are to be included in the National Plan and which will meet the general requirements of scientific research and development, will contribute to the resulting training effort. In particular, the technological and scientific areas in which the need for specialised personnel is greater. The Law also provides for appropriate measures to promote the productivity of research staff.

The key element of the National Plan's programme effectiveness is the inclusion in the same of multi-annual budget evaluations that integrate the different public research bodies, both in current expenditure as an investment thus overcoming the traditional separation of one another and the frequent distortions that arise from it.

The need to promote a stimulating social climate for scientific research motivates the creation by the Law of an Advisory Council for Science and Technology that will constitute the effective link between the scientific community, the social partners and those responsible for programming scientific/research activity, thus ensuring that the objectives of this programming are adapted to the different interests and social needs. Such a link aims to overcome the traditional isolation of Spanish science, and to facilitate, at the same time, the incorporation of private sectors to the task of planning and implementing scientific and technical research activities.

The Law establishes, finally, a common framework for public bodies with investigative functions, complementing it with greater integration of each body into the sectoral policy of the Department to which it is located. This will enable better coordination and, consequently, a more appropriate implementation of the National Plan. In addition, the Law introduces important reforms in the functioning of these agencies-by making their management structures more flexible and by opening the participation in their governing bodies to representatives of other bodies with interests in the field of science and technology, in order to enable them to be managed more quickly and adapted to their respective responsibilities.

As for the specific functions, not affected by this Law, which the agencies have or may have, they will be collected in their respective operating regulations. In this way, a minimum homogeneous structure and a functional linkage between them, congruent with the principle of coordination that inspires this Law, are established for the first time. Both conditions are undoubtedly the guarantee of a more integrated and therefore more efficient operation of our public research centres.

CHAPTER FIRST

From the National Plan for Scientific Research and Technological Development

Article first.

For the promotion and general coordination of scientific and technical research that Article 149.1.15 of the Constitution entrusts to the State and, in compliance with the provisions of Article 44, 2 of the Constitution, it is established the National Plan of Scientific Research and Technological Development, which shall be governed by this Law.

Article 2.

The National Plan will focus primarily on the achievement of the following objectives of general interest:

a) The progress of knowledge and the advancement of technological innovation and development.

b) The conservation, enrichment and optimal use of natural resources.

c) Economic growth, employment promotion and improvement of working conditions.

d) The development and strengthening of the competitive capacity of industry, commerce, agriculture and fisheries.

e) The development of public services and, in particular, of housing, communications and transport.

f) Promoting health, social welfare and quality of life.

g) Strengthening national defense.

h) The defense and conservation of the Artistic and Historical Heritage.

i) The promotion of artistic creation and the progress and dissemination of culture in all its fields.

j) Improving the quality of teaching.

k) The adaptation of Spanish society to the changes that lead to scientific development and new technologies.

Third item.

In the definition of the programs that integrate the National Plan of Scientific Research and Technological Development, as well as in the determination of the instruments necessary for its implementation, it will be taken into account:

a) The social and economic needs of Spain.

b) The human and material resources in the Spanish scientific and technological community and their future needs.

c) The available economic and budgetary resources, as well as the need for regular funding for the maintenance and promotion of quality scientific and technical research.

d) The need to achieve high capacity in science and technology.

e) The desirability of accessing quality external technologies through appropriate selective incorporation processes in each case, to the development of Spanish scientific and technological capacity.

f) The human, social and economic impacts that may result from scientific research or its technological application.

Article 4.

The National Plan will encourage basic research in the various fields of knowledge through regular funding of the same that will make it possible to maintain and promote quality research teams, both in the universities as in the other public research centres.

To this end, the research function will be incorporated into the expression of public expenditure.

Article 5.

1. The National Plan will contain forecasts for the promotion of scientific research and technological development in companies, as well as for the promotion of the Entities that they constitute to this end.

2. The National Plan will promote, in any case:

(a) The necessary communication between public and private research and business centers.

b) The inclusion in the projects and research programmes of forecasts regarding the use of the results of the same.

c) Concerted actions of universities and public research centers with companies.

3. From the entry into force of this Law, the General Budget of the State will contain measures of a financial and fiscal nature that support and promote the activities of scientific research and technological development in companies and entities already referred to in number 1 of this article.

Article 6.

1. The National Plan will include the activities to be carried out by the State-owned research bodies, in the field of scientific research and technological development, and the analogous of those other Organizations and Entities, public and private, so that they can be agreed. It shall include the multiannual budgetary forecasts of those research bodies for scientific research and technological development activities.

the Inter-Ministerial Commission of Science and Technology in coordination with the economic planning bodies of the State Administration will prepare the National Plan, submit it to the report of the advisory bodies provided for in the This Act shall be submitted to the Government for approval and subsequent referral to the General Courts.

The National Plan will be reviewed annually and, in any case, with this same periodicity, it will be the object of enlargement in new annuities and of report regarding its development through the Government's High Memory to the Courts General.

2. The National Plan, depending on the resources and the needs in respect of such foreseeable activities during the period of its validity, shall define the objectives to be achieved by the public sector and those which, by agreement, must be met by the private sector.

For these purposes, the National Plan will comprise at least the following chapters:

(a) National Programmes of Scientific Research and Technological Development, to be drawn up by the Interministerial Committee on Science and Technology, and may, where appropriate, integrate the relevant sectoral initiatives, any public or private Entity or Entity that proposes them. This Commission shall also determine who is responsible for the management and implementation of the same and its duration.

b) Sectoral Programs in the field of Scientific Research and Technological Development of the different ministerial departments and other public bodies of state ownership that will be elaborated, managed, partially or wholly financed and, where appropriate, implemented by them, and proposed to the Inter-Ministerial Commission of Science and Technology by the departments themselves to which the corresponding bodies were attached. The Inter-Ministerial Commission shall undertake the integration of these Sectoral Programmes into the National Plan, with the prior coordination and harmonization of these Programmes and with the National Programmes referred to in the previous paragraph.

(c) Programs of the Autonomous Communities that, because of their interest, may be included in the National Plan and agreed to their financing, in whole or in part, with state funds. These programs will be presented for inclusion in the National Plan to the Inter-Ministerial Commission of Science and Technology by the Government of the corresponding Autonomous Community, and the criteria for their financing, management and implementation will be established by agreement between the two.

d) National Research Staff Training Programmes, to be prepared by the Inter-Ministerial Science and Technology Commission, in response to the general needs of Scientific Research and Development Technological, as well as those derived from the Programs set out in the above sections and executed primarily by the Universities.

3. The National Plan shall include an accurate assessment of the personnel costs, current and capital operations necessary for the preparation, evaluation, management, implementation and monitoring of the Programs set out in the previous number.

4. The National Plan will be financed by funds from the General Budget of the State and other Public Administrations, as well as contributions from public and private entities, and with funds from tariffs fixed by the Government.

Item seventh.

1. The Inter-Ministerial Committee on Science and Technology, an organ of planning, coordination and monitoring of the National Plan, will be formed by the representatives of the ministerial departments named by the government, which will also appoint the Minister to chair it.

2. The Government shall also appoint, among the members of the Inter-Ministerial Commission, a Standing Committee, whose functions shall be established by that Commission, and which shall have the necessary organic structure, personnel and means to be attached to it. to the Ministry of which the Chairman of the Inter-Ministerial Committee is a holder. To collaborate in the elaboration, evaluation and follow-up of the National Plan, as well as to manage those National Programs that the Inter-Ministerial Commission entrusts to it, this Permanent Commission, after authorization of the agency (a) may be temporarily attached at full or partial time and subject to the job, scientific staff, technological development experts and other specialists related to the objectives of the Plan, who provide services in Ministerial departments, Autonomous Communities, Universities, public bodies public research and entities or enterprises. The part-time subscription of the staff referred to above shall be compatible with the performance, equally under the part-time benefit scheme of the job which they have occupied.

In addition, this Permanent Commission may, for time not exceeding the duration of the Program, hire any other type of personnel not assigned to the public sector, as provided for in Article 15.1, paragraph (a) of the Workers ' Statute. The Commission may request the advice of the public authorities ' bodies for planning, coordination and research.

3. The Inter-Ministerial Science and Technology Commission, in addition to the elaboration of the National Plan, has the following functions:

(a) Propose the allocation of public funds and agreed private funds for the different programmes that integrate the National Plan, and allocate, where appropriate, the management and implementation of these funds, as well as determine its duration.

b) Coordinate the research activities that the various ministerial departments and state-owned agencies carry out in compliance with the National Plan, as well as know the actions of support and technical assistance of those related to those activities.

c) Coordinate and integrate in the National Plan the scientific research and technological development projects, financed with funds from tariffs established by the Government.

(d) Evaluate the implementation of the National Plan and the budgetary programmes corresponding to it, without prejudice to the powers of the other bodies of the Administration.

e) Coordinate with the National Plan the technological transfers that are derived from the acquisition program of the Ministry of Defense and any other ministerial department.

f) Submit to the Government for its elevation to the General Cortes an Annual Report on the implementation of the National Plan, including, where appropriate, the proposals for rectification that it deems necessary to introduce in the same.

g) Orientate the policy of training of researchers at all levels, propose measures for the promotion of the employment of researchers and facilitate their mobility in the research and productive fields.

h) To collect, coordinate and supply the scientific and technological information necessary for the implementation of the National Plan.

i) Raise the government's proposals as it deems necessary to ensure the development and implementation of the National Plan.

Article 8.

1. The Inter-Ministerial Committee on Science and Technology will be responsible for defining the requirements of the National Plan for International Relations and establishing forecasts for its implementation, all in collaboration with the competent bodies of the the external action of the State.

2. It is also up to the Inter-Ministerial Commission for Science and Technology to coordinate and monitor international scientific research and technological development programmes, with Spanish participation, for which they will be responsible. The following functions:

(a) Distribute the budgetary appropriations derived from the relevant international programme, as well as attribute the management and implementation, in whole or in part, of those programmes.

b) Incorporate the National Plan of research projects collected in international programs.

c) Ensure adequate scientific, technological and industrial returns in collaboration with the Center for Technological and Industrial Development.

(d) Propose to the Government or designate, where appropriate, to whom Spain should represent in the International Organizations responsible for the corresponding programs.

Article ninth.

1. For the purpose of promoting the participation of the scientific community and economic and social agents in the elaboration, monitoring and evaluation of the National Plan referred to in this Law, an Advisory Council for the Science and Technology whose composition will be regulated and which will be chaired by the Minister appointed by the Government.

2. The Advisory Board for Science and Technology has the following functions:

a) Propose targets for incorporation into the National Plan.

b) To advise the Inter-Ministerial Commission on Science and Technology in the elaboration of the National Plan.

c) To inform, in advance of its referral to the Government, the National Plan prepared by the Inter-Ministerial Commission for Science and Technology, as well as the degree of its compliance, especially with regard to its impact social and economic.

(d) To raise the proposed National Plan of Science and Technology to the Inter-Ministerial Committee on Science and Technology referred to in point (f) of the third paragraph of Article 7.

e) Issue how many reports and opinions are requested by the Inter-Ministerial Science and Technology Commission or by the bodies responsible for scientific policy in the Autonomous Communities.

Article 10.

1. For the purpose of promoting the introduction of new technologies and without prejudice to the competences that are legally appropriate, the Center for Technological and Industrial Development shall exercise the following in relation to the National Plan. 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, the latter entrusts him.

2. The Centre for Technological and Industrial Development shall manage its resources in accordance with the guidelines and criteria to be determined in the National Plan.

Item 11th.

1. In the implementation of the National Plan, public bodies dependent on the State Administration and the Autonomous Communities, Universities and Companies and Institutions of a public or private nature will be able to participate. research and technological development.

The programs included in the National Plan may also be implemented in collaboration with foreign or international institutions.

2. The bodies, undertakings and institutions referred to in the preceding paragraph may recruit scientific and technical staff for the implementation of the research and technological development activities corresponding to the National Plan, by a the maximum period identical to that of the programme under which the corresponding wages and social charges are met, as laid down in Article 15.1.a) of the Staff Regulations.

Article twelfth.

1. In order to promote the overall coordination of scientific and technical research, the General Council of Science and Technology, chaired by the President of the Inter-Ministerial Science and Technology Commission, will be set up by the Council. a representative of each Autonomous Community and the members appointed by the Government, on a proposal from the President of the Council, from among those of the Inter-Ministerial Commission, in numbers not exceeding that of those. In any event, the representation of the State Administration shall have a number of votes equal to that of the representation of the Autonomous Communities.

2. The General Council of Science and Technology may operate in plenary and in the Standing Committee, in accordance with the Regulation drawn up by the Council itself and approved by an absolute majority of its members.

3. Will be the functions of the General Council of Science and Technology:

a) Report the National Plan in advance, especially as regards the best use of all available resources and means of research.

b) Propose the inclusion of objectives in the National Plan.

c) Propose, according to their interest, programs and research projects of the Autonomous Communities, after their corresponding presentation by the governments of the same.

d) Promote the exchange of information between the State Administration and the Autonomous Communities on their respective research programmes, in order to facilitate the overall coordination of research scientific and technical.

e) Promote joint actions between Autonomous Communities, or between them and the State Administration, for the development and implementation of research programs.

(f) To issue the reports and opinions, referring to the coordination of the investigations carried out by the Public Administrations, which are requested by the Inter-Ministerial Commission of Science and Technology or by the Bodies responsible for Scientific Policy in the Autonomous Communities, or the Advisory Council for Science and Technology.

g) Constituted a documentation fund on the different plans and research programs promoted by the public authorities.

CHAPTER II

From Public Research Bodies

Item 13th.

The Board of Scientific Research, the Nuclear Energy Board, which is renamed the Center for Energy, Environmental and Technological Research, the Geological and Mining Institute of Spain, the Institute National of Aerospace Technique and the Spanish Institute of Oceanography, will be governed by this Law, by its specific legislation as soon as it is not opposed to it and by the legislation in force on the legal regime of the autonomous state entities to be applicable to them.

Article 14.

These are the functions of the Agencies referred to in the previous article:

(a) Manage and implement the National and Sectoral Programs assigned to them in the National Plan and, where appropriate, the derivatives of agreements signed with Autonomous Communities under the terms of Article 15, how to develop the training programmes for researchers who are entrusted to them.

b) Contribute to the definition of the objectives of the National Plan and collaborate in the evaluation and monitoring tasks of the National Plan.

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

(d) Any other entrusted to them by the competent authority.

Item 15th.

1. The autonomous bodies referred to in Article 13 may establish cooperation agreements with the Autonomous Communities for the implementation or collaboration in programmes and projects of scientific research and technological development, training of specialists, creation of centres or research units and also for the management, management and financing of existing research centres or units of research. The General Council for Science and Technology will be taken into account of these conventions.

2. The aforementioned bodies may also participate in international projects, establishing the appropriate agreements and agreements, prior to the knowledge of the Inter-Ministerial Committee on Science and Technology. The financial arrangements for the fulfilment of the obligations under the above conventions and agreements shall be developed in regulation.

Article sixteenth.

The bodies referred to in Article 13 shall at least count, as governing bodies, with a President, to be appointed by the Government, on a proposal from the Ministry to which the Agency is attached, and a Governing Council, President. The composition of the Rector Board shall be determined in accordance with the specific characteristics of each Body.

Article seventeenth.

The bodies referred to in Article 13, within their budgetary resources and under the conditions laid down in the rules of organization, operation and personnel of each of them, may contract in labour regime:

(a) Scientific and technical staff for the implementation of certain projects without, under any circumstances, these contracts having a duration exceeding that of the project concerned, in accordance with the provisions of Article 15, 1, (a) the Staff Regulations.

(b) Personnel for scientific and technical training, in the practice of regulated practices in Article 11 (1) of the Workers ' Statute, without application of the four-year limit to which it is refers to that provision, and with a maximum duration, including, where appropriate, extensions of five years.

Article eighteenth.

1. For the purposes of their economic and financial management, the bodies referred to in Article 13 of this Law shall be understood as falling within the meaning of paragraph (b) of the first paragraph of Article 4 of Law 11/1977, General Budget, of 4 January.

2. The holders of the ministerial departments to which each of the autonomous organizations referred to in Article 13 of this Law are attached, may authorize, in respect of the same, and prior 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 contracts concluded by the aforementioned bodies with public and private entities or with natural persons, for the realization of works of a scientific nature or of technical advice, for the transfer of property rights industrial or intellectual or for the development of specialization courses, as well as with the resources provided by the public sector within the National Plan referred to in this Law.

Notwithstanding the above paragraph, where the generation of credit is intended to affect the allocation of the productivity supplement referred to in Article 23 (c) of Article 23 of Law 30/1984, 2 August, a favourable report will be required from the Ministry of Economy and Finance.

Article nineteenth.

1. The Government may authorise the bodies referred to in Article 13 of this Law to create or participate in the capital of commercial companies, the aim of which is to carry out scientific research or development activities. technology or the provision of technical services related to the purposes of these services.

The official staff of those Bodies who are to serve in the said entities shall be in the administrative situation of voluntary leave provided for in Article 29, 3, (a) of Law 30/1984 of 2 August.

2. Contracts for the provision of research services carried out by the bodies referred to in the preceding number are exempted from the scope of the Law on State Contracts and shall be governed by the rules of Civil and Commercial Law applicable to them.

3. Contracts made by such bodies relating to particularly advanced technology works or the execution of which are particularly complex shall be awarded, in any event, by the tendering procedure.

4. The bodies referred to in Article 13 of this Law may acquire, by the system of direct award, prior to the authorization of its Board of Rector, the equipment necessary for the development of the research tasks.

ADDITIONAL PROVISIONS

First.

For the purposes of the provisions of Article 6, 1, and without prejudice to the provisions of the General Court Rules, a Joint Committee of the Congress and the Senate will be set up to learn about the National Plan of Investigation. Scientific and Technological Development and annual memory on its development.

Second.

1. The Government shall, within a period of not more than six months after the entry into force of this Law, define the Organic structure of the Standing Committee referred to in Article 7, 2 of which shall order the extinction of the Scientific and Technical Research Advisory Commission and will transfer your material and personal means to the Permanent Commission.

2. Since the entry into force of the National Plan, the National Fund for the Development of Scientific and Technical Research shall be used for the financing of the national programmes referred to in point (a) of Article 6 (2) of this Law. as to the sectoral programmes which, as provided for in point (b) of the programme, correspond to the Ministry of Education and Science.

Third.

The Government, at the initiative of the Ministries of Education and Science, Industry and Energy, Defense and Agriculture, Fisheries and Food, and on a proposal from the Presidency, will approve the organization's regulations, operation and personnel of the Scientific Research Council, the Center for Energy, Environmental and Technological Research, the Geological and Mining Institute of Spain, the National Institute of Aerospace and the Spanish Institute of Oceanography.

Fourth.

The Government, on the initiative of the Ministries of Industry and Energy, Education and Science, Defense and Agriculture, Fisheries and Food, and on a proposal from the Presidency, within six months of the entry into force of the This Law will provide the necessary rules to facilitate and encourage the mobility of research staff in the service of public research agencies that are dependent on the State Administration. In addition, and in agreement with the Autonomous Communities and Local Corporations, measures shall be established to facilitate and encourage the mobility of such personnel between the respective Public Administrations.

Fifth.

The Ministry of Education and Science is empowered to regulate the participation and representation of Spanish scientists grouped in Scientific Societies in the International Council of Scientific Unions and in their Unions, as well as as in those other International Scientific Unions or Commissions which by their nature would require such regulation.

Sixth.

At the entry into force of this Law, the National Space Research Commission will be extinguished. The functions of this Commission shall be taken up by the Inter-Ministerial Committee on Science and Technology, in accordance with the provisions of Article 8 of this Law, corresponding to the Centre for Technological and Industrial Development. With this in order to obtain the appropriate scientific, technological and industrial returns of the Programs of the European Space Agency with Spanish participation, as well as the management of those that, according to the mentioned Article 8 of this Law, it is entrusted to it by the Inter-Ministerial Commission of Science and Technology.

The government, within three months, will decide the fate of the material and personal means of the extinct National Space Research Commission.

Seventh.

1. The current "National Plan of Agrarian Research" will be incorporated into the National Plan as a Sectoral Program, which will be managed by the Ministry of Agriculture, Fisheries and Food.

2. The National Institute of Agricultural Research, an autonomous agency attached to the Ministry of Agriculture, Fisheries and Food, will be governed by the provisions of this Law for the autonomous organizations that are included in the previous article. 13. The Government shall approve the arrangements for its organisation, operation and staff.

Eighth.

This Law will apply, without prejudice to the competition of the Organic Law 6/1980, of July 1, which regulates the basic criteria of National Defense and the Military Organization attributes to the Minister of Defense, promotion and coordination of scientific and technical research in matters affecting the National Defense. In the exercise of these powers, the Minister of Defense may adapt to the National Plan and, where appropriate, integrate in the scientific research and technological development projects in matters affecting the National Defense, for its financing, in whole or in part, under that Plan, as well as to finance projects integrated into them.

Ninth.

1. The Government shall make appropriate arrangements to adapt the structure and organisation of the Centre for Technological and Industrial Development to the tasks entrusted to it in Article 10 of this Law.

2. The budgetary appropriations allocated to the programmes and projects referred to in Article 10 (1) (c) and the management and implementation of which shall be carried out by the Centre for Technological and Industrial Development shall be transferred to the Ministry of Industry and Energy.

10th.

Universities and other public research centres may recruit staff for the execution of projects determined under the terms of Article 17 (A) of this Law and within their availabilities. budget.

11th.

1. Articles 1, 4 and 8 of Royal Decree-Law No 7/1982 of 30 April are amended as follows:

" Article 1. º The name of Instituto de Astrofísica de Canarias is created a Public Consortium of Management, whose purpose is astrophysical research.

The Instituto de Astrofísica de Canarias will be integrated by the State Administration, the Autonomous Community of the Canary Islands, the University of La Laguna and the Consejo Superior de Investigaciones Científicas. "

" Art. 4. The Governing Council shall be composed of the Minister of Education and Science; he shall act as President, a Vocal representing the State Administration, to be appointed on the proposal of the Minister of the Presidency, and three more Vocals in representation of each of the other public administrations and bodies listed in Article

.

It will be part of the Governing Council, also the Director of the Institute, who will be a member. "

" Art. 8. The personal means at the service of the Institute for the fulfilment of its purposes, all under the functional dependence of the Director of that, may understand:

(a) The Consortium's own staff, of a working nature, for non-research functions.

b) Personal staff of the Consecrated Administrations and university teaching staff. This staff, when official, shall be assigned to the Instituto de Astrofísica de Canarias in the administrative situation corresponding to each case.

(c) Personnel at the service of other public or private entities, with whom the Institute holds administrative or civil contracts, or cooperation agreements. "

2. They declare to extinguish the Stairs of Astrophysicists and Aastrophysicists attached created, by Royal Decree 2678/1982, of October 15. The Government, on a proposal from the Rector Council, shall establish the criteria, requirements and conditions for the officials of the said Escalas to be able to integrate into the equivalent Corps or Scales of the Consecrated Administrations.

3. By Royal Decree, on a proposal from the Rector Council, the organization and operation of the Instituto de Astrofísica de Canarias will be regulated.

TRANSIENT PROVISIONS

First.

For the purposes of the elaboration of the National Plan, of its presentation to the General Courts provided for in Article 6. 1, and of its implementation, the Inter-Ministerial Commission referred to in Article 7. of this Law will be presided over. by the Minister of Education and Science and will be composed of two representatives from the Ministry of Education and Science, two from the Ministry of Industry and Energy and one from each of the following Ministries: Defense, Economy and Finance, Agriculture, Fisheries and Food, Public Works and Urbanism, Transport, Tourism and Communications, Culture and Health and Consumer Affairs. The Permanent Commission of the same will be chaired by the Secretary of State for Universities and Research and will be constituted by the Directors-General of Science and Industrial Innovation Policy and Technology and by the Director General of Planning of the Ministry of Economy and Finance.

Second.

The Government, within three months of the entry into force of this Law, shall establish the composition of the Advisory Board for Science and Technology, which, for the purposes provided for in the transitional provision The Committee shall be chaired by the Minister for Industry and Energy.

Third.

The Social Security Health Research Fund will be used to finance sector programs developed and managed by the Ministry of Health and Consumer Affairs, which can also contribute to the financing of programs national or sectoral of interest for health policy.

REPEAL PROVISION

The provisions of this Law shall be repealed as many provisions.

FINAL DISPOSITION

The Government is authorised to make any provisions necessary for the development and implementation of this Law.

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Law.

Palacio de la Zarzuela, Madrid, to 14 April 1986.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ