Order Def / 2045 / 2015 Of 24 September, On Delegation Of Powers.

Original Language Title: Order Def / 2045/2015 Of 24 September, On Delegation Of Powers.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10750

The framework programmes for research and innovation constitute the main Community initiative of promotion and support for research, development and innovation of the European Commission (EC), and have as its main objective improving competitiveness by financing mainly activities of research, technological development, demonstration and innovation in regime of transnational collaboration between companies and research institutions belonging both to the countries of the European Union and associated States and third countries.

Regulation (EU) number 1291 / 2013 to the European Parliament and the Council, on December 11, 2013, he established the Horizon 2020 programme (H2020) as a framework programme for research and innovation in the European Commission for the period of January 1, 2014 to December 31, 2020 and determines the framework that will govern the EU support to the activities of research and innovation thereby strengthening the scientific basis and technological Europe and promoting the benefits to society, as well as the best exploitation of the economic and industrial potential of policies of innovation, research and technological development.

For its part, the Regulation (EU) number 1290 / 2013, the European Parliament and the Council, on December 11, 2013, lays down rules of participation and dissemination concerning Horizon 2020, framework programme for research and innovation (2014-2020) and repeals the previous regulation (EC) number 1906 / 2006 of 18 December 2006, which established the rules for participation of companies research centres and universities in actions under the seventh framework programme and the rules for the dissemination of the results of the investigation.

In this way, the H2020 aims to simplify the previously existing system and support integrated researchers and European innovators, integrating the previous funding programmes: 7th r & d framework programme for competitiveness and innovation framework programme and the European Institute of innovation and technology.

Article 10(1) of this Regulation (EU) number 1290 / 2013, says what are participants in the aforementioned framework programmes which may be eligible to receive funding, contemplating, among others to 'any legal entity established in a Member State or country associated, or constituted in accordance with the law of the Union', end that opens the possibility to public bodies participate in the H2020 program and receive funding for this concept.

Documents necessary to participate in the projects of the framework programme (PM), include the agreements of Constitution of Consortium and, in case that the projects are selected by the European Commission, the documents of accession to the grant agreement, as they laid down in articles 24 and 12, respectively, of Regulation (EU) number 1290 / 2013.

In terms of competition to sign grant agreements, it is worth noting that you it's a legal figure that has not been subject to devolution or delegation, so the only authority with competence for his signature would be the Minister of defence pursuant to article 13.3 of the law 6/1997, of 14 April Organization and functioning of the General Administration of the State.

In what refers to the competition to sign the Constitution of Consortium agreements, it is you application as provided in the order DEF/3015/2004 of 17 September, on delegation of powers on authorities of the Ministry of defence in the field of collaboration agreements.

The EC has established a process of presentation and signing of documents is carried out exclusively via telematics, through the web page of the participant Portal (http://ec.europa.eu/research/participants/portal/desktop/en/home.html).

This fact, coupled with the short periods of time available to process the participation in projects of the framework programmes, would make difficult greatly the handling of the signing of the documents to formalize, by the authority which has the competence to do so.

These documents must be made by each of the participating institutions in the project, with the above-mentioned Commission. For this reason, so that a unit, Center or organization (UCO) of the Ministry of defence could participate in a project should that both the Minister and the appropriate authority, from among those listed in the order DEF/3015/2004 of 17 September, access to the portal of the EC and validate with your electronic signature the documents mentioned.

In consequence, in order to achieve a greater speed and simplification for the processing of projects and to sign the relevant documents via telematics, it is advisable to delegate the competence of the above signatures.

Following the recommendation of the report to the Council by the Commission for the reform of public administrations (CORA), in relation to a «new model of organization of procurement», has been estimated from to delegate the powers to sign grant agreements and Consortium agreements, in existing contracting authorities and not to increase their number. Also to get haste and simplification mentioned, it was considered appropriate to establish the delegation of powers, both in the central structures of the Ministry, and the of the of the defense and in the army, the Navy and the air force.

In addition, it was considered timely to simplify the process to delegate the powers to sign both documents at the same authority, according to organic dependence of the UCO participating in the project and is intended to standardize the level of organs that is delegated, in analogy to the contracting authorities established by the Royal Decree 1011 / 2013 , of 20 December.

Article 3(1) of the Royal Decree 454/2012, March 5, whereby the basic organizational structure of the Ministry of defence, develops establishes jurisdiction of the Secretary of State for defence, direction, momentum and policy management of research, development and innovation in the field of Defense. In addition, article 4.2. to) of the aforementioned Royal Decree 454/2012, of 5 March, establishes that the Directorate General of armaments and Material, has, inter alia, planning and programming of the politics of research, development and innovation Department, as well as direct and control its execution.

Finally, it is noted that the program H2020 is application limited for a period of seven years, therefore suitable regular participation of the UCO in the Ministry of defence, both in the projects is inviting in the aforementioned H2020 in which may convene in successive programmes framework for research, development and innovation that replaced it.

By virtue, I have: article 1. Object.

The object of this provision is to delegate powers and regulate aspects of procedure for the participation of units, centers and organizations (UCO) of the Ministry of defence in projects that convene under the auspices of programs (PM) framework for research and innovation of the European Commission (EC).

Article 2. Delegation of powers.

1 competences are delegated to arrange participation in projects of the PM and sign the relevant documents, the authorities of the Department listed below and in the areas of their respective competencies: to) in the General Deputy Director of procurement of arms and related Material and the Chief of the section financial direction General of infrastructure with respect to projects carrying out organisms that depend on their respective Directorate-General, under the aegis of the PM of research and innovation of the EC.

(b) in the directors of affairs economic of the army, the Navy and the air force, with respect to projects which perform, under the aegis of the PM of research and innovation of the EC, the UCO of his respective army.

(c) at the head of Economic Affairs of the higher State of Defense headquarters, with respect to projects which perform, under the aegis of the PM's research, development and innovation of the EC, the UCO that depend on the head of the of the defence staff.

2. to the authorities listed in the previous paragraph, under the present delegation, correspond the following competencies.

(a) make the telematic arrangements to submit the draft to the European Commission.

(b) sign the corresponding agreements of Consortium and, where appropriate, amendments to them.

(c) sign the accession documents for grant agreements.

3. the Minister of defence may arrogate to itself knowledge of any record pending when circumstances of technical, economic, social, legal or territorial nature should do.

4. records which have been agreed under the present delegation shall contain such circumstance.

Article 3. Procedure.

1. any UCO in the Ministry of defence who were interested in participating in a project that I be convened under cover of the PM of research and innovation of the EC shall put it in knowledge of the Directorate General of armaments and Material (DGAM) so that, by this governing body, carry out the planning and effective control of all r & d activities carried out within the scope of the Department.
2. the participation of the National Institute of technical Aerospace "Esteban Terradas" (INTA) in projects that convene under the aegis of the PM of the EC, will be governed by the provisions of article 34.1 of the law 14/2011, June 1, the science, technology and innovation and in the Statute of the aforementioned autonomous body.

3. However as indicated in the previous paragraph, INTA will keep informed to the DGAM of the projects in which it participates, to this governing body meet the projects underway and evaluate possible synergies or duplication with other activities of r & d of the Ministry.

4 corresponds to the Director-General of armaments and Material designate the representative of the Ministry of defence to the EC for this topic. Such representative shall be the main contact of the Department for administrative issues related to the PM, against the European Commission.

5. without prejudice to that set in this regard on article 27 and the annex 1 of the Regulation (EU) number 1291 / 2013 and the article 41 of the Regulation (EU) number 1290 / 2013, Consortium agreements that formalize to participate in projects carried out under the aegis of the PM of research and innovation of the EC, contain clauses in favour of the Ministry of defence , which empower the Department a right of use of the results obtained, regardless of who is the participant who has obtained them and, therefore, owns them.

6. after completion of the project, participating UCO in the project shall refer to the DGAM much information available related to the project, allowing the Department to enforce the rights of industrial property which correspond.

7. the above information will be integrated in the file of intangible assets of r & d, created by article 6 of the order DEF/685/2012, of 28 March, which regulates and coordinates research and development of systems of weapons and equipment for national defense in the field of the Ministry of defence.

8. to the drafting and signing of the Constitution of Consortium agreements it will be enforcement provisions in the order DEF/169/2003, of 11 December, which regulates the procedure of the conclusion of the cooperation agreements in the field of the Ministry of defence.

Sole repeal provision. Repeal legislation.

Many provisions of equal or lower rank to oppose to this ministerial order are hereby repealed.

First final provision. Modification of the order DEF 3015/2004, of 17 September, on delegation of powers on authorities of the Ministry of defence in the field of collaboration agreements.

Amending the order DEF 3015/2004, of 17 September, on delegation of powers at the Ministry of defense in terms of collaboration agreements, to which is added a new paragraph first, with the following wording: «first bis.

The delegation of powers for the signing of the agreements of Constitution of consortium to participate in the projects of the framework programmes for research and innovation in the European Commission will be governed by its specific regulations».

Second final provision. Schools of development.

It empowers the Secretary of State for defence and the Director-General of armaments and Material so that, in the field of their respective competencies, develop the necessary instructions for the application of the provisions of the ministerial order.

Third final provision. Entry into force.

This ministerial order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 24 September 2015.-the Minister of Defense, Pedro Morenés Eulate.