Royal Decrees 1823/2011, of 21 December, which restructured the ministerial departments, 1829/2011 of 23 December, for which they create Subsecretariats in the ministerial departments and 1887/2011 of 30 of December, for which the basic organic structure of the ministerial departments is established, have established a new administrative structure. According to it, Royal Decree 257/2012, of 27 January, has been approved for the development of the basic organic structure of the Ministry of Education, Culture and Sport.

According to the foregoing, the present royal decree is intended to amend the Statute of the Autonomous Agency of European Educational Programs and of Royal Decree 903/2007 of 6 July 2007 approving the Statute, to adapt its organization to the new structure of the Ministry of Education, Culture and Sport and to modify the designation of the National Authority.

Also, certain amendments to the Staff Regulations are introduced with the aim of adapting the functions and structure of the Autonomous Body in good time to the changes that the future Community programme will introduce. which, after the end of 2013, will replace the current action programme in the field of lifelong learning, established by Decision 1720 /2006/EC of the European Parliament and of the Council of 15 November 2006.

The changes that are addressed in this royal decree affect only the organization of the organization, so that the provisions of article 63.3 of Law 6/1997, of April 14, of Organization and of Operation of the General Administration of the State. The forecasts contained in this royal decree will not entail an increase in appropriations, remuneration or other personnel costs.

In its virtue, at the initiative of the Minister of Education, Culture and Sport, on the proposal of the Minister of Finance and Public Administrations, and after deliberation by the Council of Ministers at its meeting on 5 April 2013,

DISPONGO:

Article first. Amendment of Royal Decree 903/2007 of 6 July 2007 approving the Statute of the Autonomous Body of European Educational Programmes.

The additional provision of Royal Decree 903/2007, of 6 July 2007, approving the Statute of the Autonomous Body of European Educational Programmes, is worded as follows:

" Additional Disposition Second. National Authority.

1. The control referred to in Article 6.2 of Decision 1720 /2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the Programme of Action in the field of lifelong learning, or of the Decision replacing it shall be exercised by the Secretary of State for Education, Vocational Training and Universities, as National Authority, in accordance with the provisions of the Additional 42nd Act of Law 42/2006 of 28 December 2006, General State budgets for 2007.

It shall also exercise the functions that correspond to it in accordance with Community legislation.

2. The Secretary of State for Education, Vocational Training and Universities shall take the necessary measures for the effectiveness of the provisions laid down in the previous paragraph and may request from the autonomous body the information necessary for a better assessment of their management, as well as to make observations and requirements for their proper implementation. "

Article 2. Amendment to the Statute of the Autonomous Body of European Educational Programmes, approved by Royal Decree 903/2007 of 6 July 2007.

The Statute of the Autonomous European Educational Programme, approved by Royal Decree 903/2007 of 6 July 2007, is amended as follows:

One. Article 1 (1) and (2) of the Staff Regulations are worded as follows:

" 1. The Autonomous Body European Educational Programmes (OAPEE) is an autonomous body of those regulated in article 43.1.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, attached to the Ministry of Education, Culture and Sport through the General Secretariat of Universities/General Directorate of University Policy.

2. The Agency shall be responsible for the implementation of the budgetary appropriations affected by the coordinated management at national level of the implementation of the actions of the European Union's "Lifelong Learning Programme" or of the Community programme. to replace it, as well as the development of all other activities necessary for such management, in accordance with the provisions of paragraph 1 of the additional 42/2006, 28 December, of the budget of 28 December 2006 State generals for the year 2007.

This management shall be carried out without prejudice to the competences which, in the field of European funds, may correspond to other centres or departments. "

Two. Article 2 of the Staff Regulations is worded as follows:

" Article 2. Legal regime.

1. The Agency shall be governed by the provisions contained in the additional 42/2006, 28 December, of the General Budget of the State for the year 2007, and by this Statute, as soon as they are not contradicted. by Law 6/1997 of 14 April; by Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure; by Law 47/2003 of 26 November 2001 Budget; by the Recast Text of the Law on Public Sector Contracts, approved by Royal Decree Law 3/2011 of 14 November; by Law 33/2003 of 3 November of the Heritage of Public Administrations; by Law 7/2007 of 12 April of the Basic Staff Regulations of the Public; and by the rules implementing the the provisions cited above and those applicable to them. Regulation (EU EURATOM) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the budget are applicable for the purposes of the budgetary management of the autonomous body. general of the Union and repealing Council Regulation (EC EURATOM) number 1605/2002.

2. It is up to the Ministry of Education, Culture and Sport, through the General Secretariat of Universities/General Directorate of University Policy, the effectiveness control referred to in Article 51 of Law 6/1997, of April 14, without prejudice to the other controls laid down in the regulatory rules referred to in the previous paragraph and to the functions corresponding to the national authority. '

Three. Article 3 (1) of the Staff Regulations is worded as follows:

" 1. The following are functions of the Agency:

(a) Carry out the coordinated management of the actions of the "Lifelong Learning Programme" or of the programme replacing it, including its budgetary management, in accordance with the criteria laid down by the Decision Number 1720 /2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning, comprising the following programmes: Erasmus, Comenius, Leonardo da Vinci, Grundtvig, Jean Monnet and the transversal programme ', or where appropriate, in accordance with the criteria established by the Decision to replace it.

b) Adopt the necessary measures for the wide dissemination of the Programme among potential beneficiaries.

c) Making efficient and transparent management of European funds.

d) Maintain relations with the European Commission for the good management of the Programme and comply with the obligations that are currently established in this relationship.

e) Collaborate with the Autonomous Communities and the Universities for adequate compliance with the objectives of the Programme.

f) Participate in activities that, at European level, are carried out to develop the Programme, as well as maintain relations with the National Agencies of the other countries of the European Union.

g) Facilitate the participation of all sectors involved in the Programme through networks, seminars, etc. "

Four. Article 5 of the Staff Regulations is worded as follows:

" Article 5. The Governing Council.

1. The Governing Council shall be composed of the following members:

a) The President, who will be the Secretary General of Universities.

b) The Vice President, who will be the Director General of Vocational Training.

c) The following Vocals:

The Director General of University Policy.

The Director General of Territorial Evaluation and Cooperation.

The Director of the Cabinet of the Minister of Education, Culture and Sport.

The Technical Secretary General of the Ministry of Education, Culture and Sport.

The Director of the Autonomous Agency European Educational Programmes.

A representative appointed by the State School Board.

A representative of the Ministry of Employment and Social Security, with the rank of Director General, elected by the holder of the said Department.

A representative of the Ministry of Foreign Affairs and Cooperation, with the rank of Director General, elected by the holder of the said Department.

A University Rector, elected by the Council of Universities.

A representative of the Autonomous Communities with the rank of Director General, appointed by the General Conference of University Policy.

A representative of the Autonomous Communities with the rank of Director General, designated by the Sectoral Education Conference.

Two representatives appointed by the Autonomous Communities, with the rank of Director-General, to which they are responsible for the regional representation for the Lifelong Learning Programme of the European Commission or for the replace.

A National Authority representative with the rank of Subdirector general or assimilated.

(d) The Secretary, who will be an official of the Autonomous European Educational Programmes and will act with a voice but without a vote. "

2. The Governing Council shall be governed by the provisions of this Statute and by the provisions of Title II, Chapter II of Law 30/1992 of 26 November and Chapter IV of Title II of Law 6/1997 of 14 April.

3. The Governing Council, to be convened by its President, shall meet in ordinary session at least twice a year and, in extraordinary session, when deemed necessary by the President or at the request of the majority of its members.

The agreements will be adopted by a majority of the attendees and, in the event of a tie, the President's vote will be addressed.

Assistance to Rector Board meetings by any of its members may be verified by telematic procedures provided it is approved by the majority of its members.

4. For reasons of urgency, where the nature of the matter to be dealt with requires, the President may agree to the conclusion of a non-face-to-face session by telematic procedures, without the need for a Council constitution, with respect to the essential formalities laid down in Articles 26 and 27.1 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. These procedures may not be used when the subjects to be dealt with are those described in Article 6 (a) to (e), unless they have already been discussed in advance or are not relevant.

Agreed the opening of the procedure, the members of the Council will be sent well in advance of the call and order of the day, as well as the documentation corresponding to each of the cases and the proposals that are consider the matters to be dealt with by e-mail or a system which allows for the date and time at which the person concerned is made available to the act of convocation, and documentation to accompany him, such as the access to its content by the members of the Council. The Council shall be understood to consist of access to the content of at least half of its members.

The members of the Council shall decide within 72 hours, from the making available of the content of the act to the persons concerned, on the proposals received. The agreements shall be adopted by a majority of the members for whom the content is recorded, and in the event of a tie the vote of the President shall be addressed.

The minutes shall ensure the constancy of the communications produced and the members ' access to the content of the agreements adopted.

5. The President may convene meetings of the Governing Council, where he considers it appropriate, to persons outside the body as advisers, for their particular relevance in the matters to be dealt with, with a voice but without a vote.

6. The maximum number of members who, if any, could receive compensation for assistance, allowances or travel expenses or any other compensation or compensation provided for in Royal Decree 462/2002 of 24 May on compensation for reason of the service, in no case shall it be able to exceed the limits referred to in Article 6.2 of Royal Decree 451/2012 of 5 March 2012 governing the remuneration of the maximum responsible and managerial staff in the business and public sector other entities. "

Five. Article 7 (1) of the Staff Regulations is worded as follows:

" 1. The Presidency of the Coordination and Internal Control Committee shall be the responsibility of the Director-General for University Policy, and shall be composed of the following members, with a minimum rank of Deputy Director-General or assimilated:

a) A representative of the Directorate-General for Territorial Evaluation and Cooperation.

b) A representative of the Directorate-General for Vocational Training.

c) A representative of the Cabinet of the Minister of Education, Culture and Sport.

The following members will also be part of the Committee:

d) A representative of the General Subdirectorate of Educational Foreign Promotion.

e) A representative of the Autonomous Agency European Educational Programmes.

The members of this Committee shall be appointed by the President of the Autonomous European Educational Programmes, on a proposal from the representative of the body represented. "

Six. Article 8 (1) of the Staff Regulations is worded as follows:

" 1. The Presidency of the Agency corresponds to the Secretary-General of Universities. "

Seven. Article 11 (1) of the Staff Regulations is worded as follows:

" 1. The Director of the Autonomous European Educational Programmes will have an organic level of deputy director-general. It shall be appointed by the Minister of Education, Culture and Sport on the proposal of the Secretary-General of Universities, among career officials belonging to Bodies and Scales classified in Subgroup A1. "

Eight. Article 13 (1) of the Staff Regulations is worded as follows:

" 1. The Autonomous Body shall have the following units:

a) Higher Education Unit, responsible for the management of all actions and/or programs of higher education.

b) Vocational Training Unit, responsible for the management of all actions and/or vocational training programmes, with the exception of higher-grade vocational training whose competence will be from the Higher Education Unit.

c) Child, Primary and Secondary Education Unit and other cross-cutting actions and/or programs, responsible for the management of all actions and/or programs in these educational sectors and cross-cutting actions.

(d) Coordination Unit, responsible for the implementation of the tasks assigned by the Director of the Autonomous Body and, in any case, of the unified budgetary management of all actions and/or programmes. "

Nine. Article 14 (1) of the Staff Regulations is worded as follows:

" 1. For the proper implementation of the programs, as well as for new actions or programs that may arise, the following Committees are created:

(a) The Higher Education Committee, which will be chaired by the Assistant Director General for Grants and Student Care, Guidance and Professional Insertion of the Directorate-General for University Policy and integrated by a Representative of the European Educational Programmes, a representative of the Directorate-General for University Policy, by a representative of the Directorate-General for Vocational Training, a representative of the Directorate-General for Vocational Training Evaluation and Territorial Cooperation, four representatives appointed on a proposal from the Council of Universities, and two representatives of the Autonomous Communities at the proposal of the General Conference of University Policy.

The Higher Education Committee will have advisory and assistance functions to the Governing Council, the Coordination and Internal Control Committee and the relevant Unit and will be in charge of establishing the lines of action in the framework of the national objectives, action plans and priorities defined by the Governing Council.

b) The Vocational Training Committee shall be chaired by the Deputy Director-General for Guidance and Vocational Training of the Directorate-General for Vocational Training and composed of a representative of the Autonomous Body European Educational Programmes, a representative of the Directorate-General for Vocational Training, a representative of the Directorate-General for Territorial Evaluation and Cooperation, a representative of each of the trade union organisations and more representative business, a representative of the Ministry of Employment and Social Security, and two representatives of the Autonomous Communities on a proposal from the Sectoral Education Conference.

The Vocational Training Committee shall have the functions of advising and assisting the Governing Council, the Coordination and Internal Control Committee and the relevant Unit, establishing the mechanisms for cooperation to enable it to better implementation of the actions of the Programme.

(c) The Committee on Child, Primary and Secondary Education and other cross-cutting actions or programmes shall be chaired by the Deputy Director-General for Territorial Cooperation of the Directorate-General for Evaluation and Cooperation Territorial and integrated by a representative of the Autonomous Agency European Educational Programmes, a representative of the Directorate-General for Evaluation and Territorial Cooperation, a representative of the Directorate-General for Vocational Training and four representatives of the Autonomous Communities, appointed on a proposal from the Conference Education Sector.

The Committee on Child, Primary and Secondary Education and other programmes will have advisory and assistance functions to the Governing Council, the Coordination and Internal Control Committee and the relevant Unit, establishing the cooperation mechanisms to enable the actions of the Programme to be better carried out. "

Ten. Article 18 is worded as follows:

" Article 18. Recruitment scheme.

According to the provisions of article 49 of Law 6/1997 of April 14, the Autonomous Body of European Educational Programs will be governed by the Recast Text of the Law on Public Sector Contracts. approved by Royal Legislative Decree 3/2011 of 14 November.

The procurement regime shall include the specifications provided for in Community legislation for the National Agency for the Management of the Programme of Action in the field of lifelong learning. "

Additional disposition first. Deleting drives.

The following units are deleted:

a) Erasmus Division.

b) Leonardo da Vinci Division.

c) Comenius Division and other programs.

d) General Secretariat.

Additional provision second. No increase in expenditure.

The forecasts contained in this royal decree will not be able to increase either endowments or salaries or other personnel costs.

First transient disposition. Relationship of jobs.

1. The posts in the units affected or removed by this royal decree shall continue to remain and shall be paid from the same budgetary appropriations until the ratio of the adjusted posts is approved. to this royal decree. Such adaptation shall in no case lead to an increase in public expenditure.

2. Pending the entry into force of the new employment relationship, the posts in the units deleted by this royal decree shall be provisionally attached by means of a decision of the holder of the Secretariat to the this, depending on the attributions assigned to them.

Second transient disposition. Application of Council Regulations (EC EURATOM) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, and Commission No 2342/2002 of 23 December 2002 on the December 2002, on detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities.

They shall apply to all commitments made until 31 December 2013 for the purposes of the budgetary management of the autonomous body, Article 54 (2) (c) of Regulation (EC EURATOM) No Council Regulation (EC) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 on the rules for the development of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, April 5, 2013.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO