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Order Ssi / 1271/2016 Of 21 July, The Regulatory Basis For Awarding Training Grants Are Established In Research And Quality Control Of Consumer Products Of The Spanish Agency For Consumer Safety A. ..

Original Language Title: Orden SSI/1271/2016, de 21 de julio, por la que se establecen las bases reguladoras para la concesión de becas de formación en materia de investigación y control de calidad de los productos de consumo de la Agencia Española de Consumo, Seguridad A...

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Article 51 of the Spanish Constitution establishes that public authorities will guarantee the defense of consumers and users, protecting, through effective procedures, security, health and legitimate interests. economic of the same.

An adequate way for this defense to be effective and the consumer consciousness, subject of rights and obligations, permeate the social fabric, is the training in the subject of professionals of the widest spectrum that they can apply their knowledge in the exercise of their respective professions.

The Royal Decree 19/2014, of 17 January, by which the autonomous organisms National Institute of Consumption and the Spanish Agency for Food Safety and Nutrition are recast in a new autonomous agency called the Spanish Agency On 24 January, the National Institute for Consumer Affairs, the National Institute for Consumer Affairs, said that the National Institute for Consumption, the National Institute for Consumer Affairs, and the National Institute for Consumer Affairs (COMI), the National Institute for Consumer Affairs, (a) grants for training in the field of research and quality control of consumer products; new structure born after the merging of the abovementioned organisms.

Article 16.2.1. º of Royal Decree 19/2014, of 17 January, defines the Center for Research and Quality Control, hereinafter CICC, as the organ that will carry out analyses, tests and trials on the quality and safety of the goods and services for use and consumption, promoting the analytical and technological quality in the area of control of goods and services, as well as training and advising the technical staff.

With this objective, the Ministry of Health, Social Services and Equality, through the Spanish Agency for Consumption, Food Safety and Nutrition, intends to train higher graduates with a projection professional.

In order to give an eminently practical character to the aforementioned training, the successful recipients of the aid will develop their activity through a program of tutoring in the CICC of the Spanish Agency for Consumption, Security Food and Nutrition. To this end, the basis for the award of scholarships for university graduates wishing to access such training is laid down in this order.

Article 17.1 of Law 38/2003 of 17 November, General of Grants, provides that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with (a) the Council of Ministers of the European Union, the Council of Ministers of the European Union, the Council of Ministers of the European Union and the Council of Ministers of the European Union, the procedure provided for in Article 24 of Law 50/1997 of 27 November of the Government, prior to the report of the legal services and the corresponding Delegated Intervention. These bases should be published in the "Official State Gazette".

Finally, the concrete call resolution and specifies these regulatory bases for each exercise. Until now, this call should also be made compulsory in the "Official State Gazette". The amendments made to Article 20.8 of Law 38/2003 of 17 November, with new wording established by Law 15/2014 of 16 September, of rationalisation of the Public Sector and other measures of administrative reform, require that from 1 January 2016, the scheme for the advertising of the calls for grants and public aid will be used through the National Database of Grants, which is constituted as the National System of Advertising of Grants to through which all the requirements of advertising and transparency of the public must be met eligible acts. These bases incorporate this new advertising procedure according to the aforementioned regulations.

In compliance with the provisions of Article 17.1 of Law 38/2003 of 17 November, this order has been informed by the State Advocate and by the Delegation of the General Intervention of the State Administration at the Spanish Agency for Consumption, Food Security and Nutrition.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

1. This order establishes the regulatory basis for the award of theoretical and practical training grants for higher graduates in the field of research and quality control of consumer products.

2. Annually, the call will set out which qualifications will be required, depending on the activities that are considered to be priorities within the work programme for that exercise.

3. In the selection procedure, the competitive competition regime will be governed by equal and non-discriminatory treatment, in line with the principles of transparency, publicity and objectivity.

Article 2. Characteristics of the scholarships.

1. The training, theoretical and practical, will be developed within the work program of the Center for Quality Control and Research, hereinafter CICC. It will involve collaboration in its activities and related tasks, such as a mentoring program for grantees in the analytical techniques developed by the CICC, which will include training in the analysis of samples, preparation of standard working protocols and the introduction of new analytical techniques and methods for electromechanical and food products.

2. The enjoyment of these scholarships will not involve any employment or civil service between the grantee and the Spanish Agency for Consumption, Food Security and Nutrition. The amount to be paid to the grantees shall in no case be considered as salary or remuneration, but as economic aid for training, and shall not be entitled to compensation for the completion of the programme, nor shall it be of merit to the grantee. access to the civil service or to the acquisition of an employment relationship with any public administration or entity linked to or dependent on it.

3. At the end of the training programme, the CICC shall provide the trainee with a certificate of evidence of the training acquired for the purposes of his/her curriculum vitae.

Article 3. Requirements of the beneficiaries.

1. They may apply for the scholarships regulated in this order, the Spanish and the nationals of a Member State of the European Union, as well as the foreigners legally resident in Spain, in accordance with the provisions of Article 9.2 of the Law. Organic 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, which have completed an official bachelor's degree, degree or master's degree in the five years prior to the date of the call.

2. They must also meet the following requirements:

(a) To be in possession of the degree of university degree or degree at the time of submission of the application, related to the scholarships that are the subject of the corresponding call. Certificates obtained abroad or in non-state Spanish centres must be approved or recognised and have full legal effects on the date of submission of the application.

b) Dominate the Spanish language. Only the certificate, title or diploma certifying knowledge of the language equivalent to the C1 level of the Common European Framework of Reference for Languages shall be required in cases in which non-Spanish candidates are involved and who are residing in Spain for a period of less than five years.

If this is a title obtained abroad, it is necessary to prove that the corresponding validation or credential is in possession, if applicable, of the type approval.

c) Not having previously enjoyed a grant from the CICC training program.

d) Not to be in any of the causes of disablement provided for in Article 13.2 of Law 38/2003, of 17 November, General of Grants.

Article 4. Grant of scholarships.

1. The grants will be financed from the budget of the Spanish Agency for Consumption, Food Security and Nutrition, subject to their call and amount to the available budget.

2. The individual annual amount of each grant will be fixed in the respective call, distributing the annual allocation between the number of selected fellows and their amount will be paid for months due, after certification that the compliance with their obligations.

3. The grantholders must be discharged into the General Regime of Social Security under the terms and conditions provided for in Royal Decree 1493/2011 of 24 October, in which the terms and conditions of inclusion in the Regime are regulated. General of Social Security of persons participating in training programmes, in development of what is provided for in the third provision of Law 27/2011, of 1 August, on the updating, adaptation and modernisation of the system of the Social security, from the date of its incorporation, with the obligations and rights deriving from it.

4. When the grant of the grant is paid for, the allowance will be determined on the basis of the criteria set by Royal Decree 462/2002 of 24 May on compensation for the purpose of the service, for the officials who are members of the Group 2.

Article 5. Duration of the scholarships.

1. The duration of the grants shall be one year, from the day following that in which the notification of the decision to grant them takes place, and may be extended for up to a maximum of 12 months.

2. The grantee may request the extension of the grant for a maximum period of twelve months, which, if accepted, will be granted by resolution of the person who holds the Executive Directorate of the Spanish Agency for Consumption, Security Food and Nutrition, previous positive report of the tutor and evaluation of the work done by the Commission of Selection and Audit of the Delegated Intervention, provided that there is budgetary allocation in the corresponding exercise.

3. In the event that the grantee requests the extension of the grant for a maximum period of twelve months, he/she must present to the holder of the Executive Directorate of the Spanish Agency for Consumption, Food Security and Nutrition, a written (a) on the grounds of the appropriateness of such extension within a maximum period of three months before the end of the year of the duration of the grant. The provisions of Article 7 shall be followed for processing.

Article 6. Call.

1. The procedure for granting the aid shall be initiated on its own initiative by the competent body, by means of a public call, which shall be approved by a decision of the holder of the Executive Directorate of the Spanish Consumer Agency, Food Safety and Nutrition, as laid down in Chapter II of Title I of Law 38/2003 of 17 November, and in accordance with the principles of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public and the Common Administrative Procedure.

2. The call must be published in the National Database of Grants and an extract of the same in the "Official Gazette of the State", according to the provisions of article 20.8 of Law 38/2003 of 17 November. The National Grant Database will operate as a national advertising system for grants, to ensure the right of citizens to know all the grants called at each moment and to contribute to the principles of publicity and transparency established by Law 19/2013, of 9 December, of transparency, access to public information and good governance.

3. The content referred to in Article 23.2 of Law 38/2003 of 17 November must be included in each call.

Article 7. Form and time limit for the submission of applications.

1. Applications to be formalized in a model attached to each call shall be addressed to the Executive Directorate of the Spanish Agency for Consumption, Food Security and Nutrition, and may be presented in the General Register of the Agency, Calle Alcalá, 56, ground floor, 28071 Madrid, or by any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, as well as its presentation by electronic means, as laid down in Law 11/2007, of 22 June, of electronic access of citizens to Public Services, on the following website of the Ministry of Health, Social Services and Equality (https: //sede.msssi.gob.es/).

2. The deadline for submitting applications shall be 20 working days from the day following the publication of the extract of the call in the "Official State Gazette", by the National Grant Database, in accordance with the with Articles 20.8 and 23 of Law 38/2003 of 17 November.

3. The application for the grant involves the authorization of the Spanish Agency for Consumption, Food Security and Nutrition to obtain from the corresponding tax administration and the General Treasury of Social Security, information concerning the compliance with the tax and social security obligations, as set out in Articles 18 and 19 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

Notwithstanding the foregoing, the applicant may expressly refuse consent, in which case it shall provide the relevant information at the time of filing.

4. The submission of an application shall consent to the instructor being able to consult and verify the identity data included in the application, in a way that is verified by the Identity Data Verification System. Article 3 of Royal Decree 522/2006 of 28 April 2006, in which the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its bodies is deleted public linked or dependent.

In any case, the consent of the person concerned must be given so that his personal identity data can be consulted by the system by the instructor, and that consent must be given in the application for the initiation of the procedure or any other subsequent communication.

5. The documentation submitted by the applicants who have not been selected will have to be collected by the applicant or duly authorized person at the headquarters of the CICC, Avenida de Cantabria, 52 of Madrid, during the next two months the date on which the decision to grant the grants is made public. After that period, the documentation which has not been withdrawn shall be destroyed.

Article 8. Assessment criteria.

1. In the terms provided for in this order of bases, the following merits, for the purposes of assessment, shall be taken into account in order to award the grants by the Selection Board:

a) Academic file on the degree or bachelor's degree of the specific qualification required in the call: Maximum 30 points.

The resulting score will be obtained by applying the following operation:

note of case × maximum score (30)

10 (average note maximum case)

b) Additional university degree: 10 points per degree, up to a maximum of 20 points.

c) Language knowledge: maximum score 15 points. Language skills shall be assessed according to the levels established by the Common European Framework of Reference for Languages.

1. The English language skills, duly accredited, whose level is intermediate (B1) or higher, will be valued according to the following score:

Basic intermediate level (B1) = 3 points.

Upper intermediate level (B2) = 5 points.

Advanced level (C1) = 7 points.

Expert level (C2) = 9 points.

2. Up to 3 more points for each official language of the European Union, other than Spanish or English, depending on the level accredited, and counting only from the basic intermediate level (B1) or higher, according to to the following score:

Basic intermediate level (B1) = 1 point.

Upper intermediate level (B2) = 1.5 points.

Advanced level (C1) = 2.5 points.

Expert level (C2) = 3 points.

(d) Accreditation of having carried out courses or publications related to the activity referred to in Article 1. Up to 2.5 points shall be allocated for each course, diploma or publication duly accredited. Maximum score: 10 points.

e) Having credentialed knowledge in the management of tools and software. 2.5 points will be allocated for each course, diploma or accreditation of theoretical or practical knowledge. Maximum score: 10 points.

(f) There has been practical training related to the activity referred to in Article 1, duly registered as such. 2.5 points shall be allocated for each of them in which at least one hundred hours have been credited. Maximum score: 5 points.

2. Once the above data has been evaluated, the Selection Board will make a preselection of the candidates who have obtained the highest scores, which will be interviewed by the Selection Commission.

The interview may consist of a brief statement of the reasons that have led you to apply for the scholarship, knowledge about the CICC, aspects of the consumption that you are most interested in, among other issues. The maximum interview score will be 10 points, which will be added to the score obtained in the merit phase.

The Selection Commission will evaluate the interview according to the following scoring criteria:

1. Knowledge about the nature, organization and functions of the CICC, up to a maximum of 2 points.

2. Knowledge of the different sectors and areas of regulated consumption up to a maximum of 2 points.

3. Knowledge on quality systems in laboratories and in particular on the standard UNE-EN-ISO 17025, up to a maximum of 2 points.

4. Knowledge on analytical techniques of consumer products, up to a maximum of 2 points.

5. Knowledge on the management of legislation and regulations of consumer products, up to a maximum of 2 points.

Article 9. Procedure instruction.

1. The procedure for granting aid to the Subdirectorate General for Coordination, Quality and Cooperation in Consumption of the Spanish Agency for Consumption, Food Safety and Nutrition, which will verify the compliance of all the required requirements and shall forward the documentation to the Selection Board. If the application does not meet the requirements set out in the call, the instructor shall require the person concerned to submit it within a maximum of 10 working days, indicating that, if he does not do so, he shall be withdrawal of your application, after resolution under the terms of Article 42 of Law 30/1992, of 26 November.

2. The Selection Board, once the applications have been evaluated, will have to issue a report specifying the outcome of the evaluation by communicating its assessment to the Director General of Coordination, Quality and Cooperation in Consumption.

3. The instructor, in the light of the dossier and of the report of the Selection Board, shall make a proposal for a provisional, duly substantiated, resolution to be notified to the persons concerned in the manner set out in the call; and grant a period of 10 working days to submit claims. Examining the arguments put forward by the interested parties, the instructor will raise the final decision to the Executive Directorate of the Spanish Agency for Consumer Affairs, Food Safety and Nutrition, which will be the competent authority. for resolution.

Article 10. Selection Committee.

1. The Selection Board shall evaluate and select, in accordance with the criteria set out in Article 8, those who have submitted to the call and shall communicate to the Head of the General Secretariat for Coordination, Quality and Cooperation in Consumption its evaluation so that it proposes to the Executive Direction of the Spanish Agency for Consumption, Food Security and Nutrition the provisional award of the scholarships.

2. The operation of the Selection Board will be attended by the personal, technical and budgetary resources of the Spanish Agency for Consumption, Food Security and Nutrition.

3. This Commission, designated by the Executive Directorate of the Spanish Agency for Consumption, Food Safety and Nutrition, shall be composed of a president, whose ownership is the head of the Directorate of the Research Centre and Quality control of the Spanish Agency for Consumption, Food Security and Nutrition or person to whom it delegates, and three members chosen among officials of groups A1 and A2 of the Spanish Agency for Consumption, Food Security and Nutrition. He will act as secretary, with voice and no vote, an ICCC official.

4. Without prejudice to the peculiarities provided for in this order, the functioning of the Selection Board shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992.

Article 11. Resolution.

1. The proposal for a provisional decision, duly substantiated, must be notified to the parties concerned and must contain the list of the trainees selected and the alternates who, following the order of punctuation obtained, will replace the holders in case of resignation.

2. In the notification to the persons concerned of the provisional decision, they shall be granted a period of 10 days for their acceptance by the means established by the invitation to tender. The non-confirmation in this time by the grantees will be considered as waiver of the scholarship, which will be awarded, following the same procedure, to the next candidate according to the order of score.

3. The maximum period for resolving and notifying the decision of the procedure may not exceed three months, with the publication of the extract of the notice in the "Official Gazette of the State". After that period, without any express resolution, the application may be deemed to be rejected, without prejudice to the obligation to issue express resolution.

4. The competence in the decision granting the applications corresponds to the holder of the Executive Directorate of the Spanish Agency for Consumption, Food Security and Nutrition.

5. The proposals for interim and final resolution do not create any right in favour of the grantees in front of the Administration, while the granting resolution has not been notified to it.

6. The decision shall be notified in accordance with Articles 58 and 59 of Law 30/1992 of 26 November 1992 to the applicants who have been selected, and the full content of the resolution shall be set out in the Spanish Consumer Agency, Food Security and Nutrition and will be available on its website, without prejudice to the publicity that is subsequently made of the grants awarded, in accordance with the provisions of article 18 of Law 38/2003, of 17 November.

7. In the case of decisions given by the person holding the Executive Directorate of the Spanish Agency for Consumption, Food Safety and Nutrition, an appeal may be brought before the Presidency of the Agency within one month. to be counted from the day following that of its publication, in accordance with the provisions of Law 30/1992 of 26 November.

Article 12. Obligations of the grantees.

1. Scholarship recipients acquire the following commitments:

(a) Meet the obligations laid down in Article 14 of Law 38/2003 of 17 November.

b) Accept and comply with the rules laid down in the regulatory bases and in the call for scholarships.

c) Fulfill with the instructions that during the validity of the scholarship receive from the CICC Directorate, in the field of the functions that it has entrusted.

d) To engage in full compliance with the tasks entrusted to you.

e) To be incorporated into the training program at the date indicated in the grant resolution.

2. The grantees will serve a schedule of thirty-five hours a week, according to the distribution that the ICCC Directorate points out to them.

3. Fellows will enjoy a vacation period of twenty-two working days or time proportional to the period of enjoyment of the scholarship.

Article 13. Resignations.

1. In the case of a waiver during the duration of the grant, the grantee must submit a reasoned request to the Executive Directorate of the Spanish Agency for Consumer Affairs, Food Safety and Security for 15 days in advance. Nutrition.

2. The waiver will result in the deprivation of the scholarship for the time remaining outstanding. The granting body, after acceptance of the reasons, shall award the grant for the remaining period of enjoyment to the following scholarship according to the order of score obtained in the selection process.

3. The waiver of the grant does not exempt from the fulfillment of the obligations of drawback of the amounts received, in the cases of defaults.

Article 14. Time limit and form of justification for scholarships.

1. The head of the ICCC Directorate shall be the teaching tutor, responsible for the orientation and development of the training and shall certify monthly that the trainee has carried out the tasks entrusted to him. This document shall be accompanied by a certificate of conformity of the person holding the General Coordination, Quality and Cooperation Sub-Directorate, stating that the trainees have fulfilled their obligations satisfactorily.

2. Within three months of the end of the training programme, the person concerned shall give the person who is the head of the Subdirectorate-General for Coordination, Quality and Cooperation a report on the work carried out, together with the the tutor's report, in which their practical and theoretical training will be assessed.

The memory and report cited will be essential requirements for the issuance of a certificate of credit for the training acquired by the person who is the head of the Executive Directorate of the Spanish Consumer Agency, Food Security and Nutrition.

Article 15. Failure to comply with obligations and drawback.

1. In the case of reimbursement of the amounts received for any of the causes provided for in Article 37 of Law 38/2003 of 17 November, the total refund shall be the total refund when the beneficiary does not fully and completely fails to comply with the conditions imposed for the granting of the aid.

2. In the event of partial non-compliances, the drawback will be determined by the principle of proportionality, in line with the fact that the non-compliance is significantly closer to the total compliance and that it is established by the beneficiary a performance which is unequivocally biased towards the fulfilment of its commitments.

3. In both cases, the relevant delay interest shall be required from the time of payment of the aid until the date on which the refund is agreed.

4. The procedure for the reimbursement shall be governed by the provisions of Articles 41 to 43 of Law 38/2003 of 17 November; Title III of Chapter II of the Regulation of Law 38/2003 of 17 November, approved by Royal Decree 887/2006, of 21 July, and Title VI of Law 30/1992, of November 26.

Article 16. Legal regime.

As not provided for in this order, Law 38/2003 of 17 November, the Regulation of Law 38/2003 of 17 November, approved by Royal Decree 887/2006 of July 21, Law 30/1992, of 26 November, will be applicable. any other provision of legislation which may, by its nature, be applicable.

Single additional disposition. No increase in public spending.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, this order, and in particular Order SCO/128/2008 of 24 January, establishing the regulatory basis for the concession, by the Institute, is hereby repealed. National of Consumption, of training grants in the field of research and quality control of consumer products.

Final disposition first. Regulatory references.

The references contained in this order to Law 30/1992, of November 26, and to Law 11/2007, of June 22, will be construed as references to Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations and Law 40/2015 of 1 October of Public Sector Legal Regime, when its entry into force occurs.

Final disposition second. Competence title.

This order is issued under Article 149.1.13 of the Constitution, which attributes to the State the competence to lay the foundations and coordination of the overall planning of economic activity.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 21, 2016. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.