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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.

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The Framework Programmes for Research and Innovation are the main Community initiative to promote and support the research, development and innovation of the European Commission (EC), with the main objective of improving competitiveness through the financing of research, technological development, demonstration and innovation activities in the form of transnational collaboration between companies and research institutions belonging to both the countries of the European Union and Associated States as third countries.

Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 established the Horizon 2020 Programme (H2020) as the European Commission's Framework Programme for Research and Innovation for the period from 1 January 2014 to 31 December 2020 and determines the framework which will govern the Union's support for research and innovation activities, thereby strengthening the European scientific and technological base and promoting benefits for society, as well as the best exploitation of the economic and industrial potential of the innovation, research and technological development policies.

For its part, Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 sets out the rules for participation and dissemination applicable to Horizon 2020, the Framework Programme for Research and Innovation (2014-2020) and repeals the previous Regulation (EC) No 1906/2006 of 18 December 2006 establishing the rules for the participation of undertakings, research centres and universities in the actions of the Seventh Framework Programme, and rules for the dissemination of research results.

In this way, the objective of H2020 is to simplify the existing system and to support European researchers and innovators in an integrated way, integrating the previous funding programmes: 7. The Competitiveness and Innovation Framework Programme and the European Institute of Innovation and Technology.

Article 10.1 of Regulation (EU) No 1290/2013 states the participants in those Framework Programmes which may be entitled to receive funding, including, inter alia, any legal entity established in a Member State or associated country, or constituted in accordance with Union law ', which opens the possibility for public bodies to participate in the H2020 programme and receive funding for this concept.

Among the documents needed to participate in the projects of the Framework Programme (FP), are the Consortium Constitution Agreements and, in case the projects are selected by the European Commission, the documents of Accession to the Subsidy Agreements, as set out in Articles 24 and 12 respectively of Regulation (EU) No 1290/2013.

In terms of the competence to subscribe to the Subsidy Agreements, it is noteworthy that this is a legal figure that has not been the subject of deconcentration or delegation, so the only authority with jurisdiction for its signature would be the Minister of Defense, pursuant to the provisions of article 13.3 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

With regard to the competence to subscribe to the consortium constitution agreements, the provisions of Order DEF/30 15/2004 of 17 September on the delegation of powers to the authorities of the Ministry of Defense in the field of collaboration agreements.

The EC has established a process for the presentation and signature of documents that are exclusively carried out by means of telematics, through the Web page of the Participant's Portal (

This fact, together with the short time limits available for handling participation in the projects of the Framework Programmes, would make it difficult to deal with the signature of the documents to be formalized by the authority. which has the competence to do so.

These documents must be formalized by each and every entity participating in the project, with the aforementioned Commission. Therefore, in order for a unit, centre or body (UCO) of the Ministry of Defence to be able to participate in a project, it would be necessary for the Minister, as well as the corresponding authority, to be involved in a project under the order of DEF/30 15/2004, 17 September, they agreed to the EC portal and will validate with their electronic signature the documents mentioned.

As a result, in order to achieve greater speed and simplification for the processing of projects and to sign the relevant documents by telematics, it is advisable to delegate the competence of the abovementioned documents. signatures.

Following the recommendation of the report presented to the Council of Ministers by the Commission for the Reform of Public Administrations (CORA), as regards a "New model of organization of procurement", it has been estimated to delegate the powers to subscribe to the Grant Agreements and the Consortium Agreements, to existing contracting authorities and not to increase their number. In order to achieve the speed and simplification mentioned above, it has been considered appropriate to establish the delegation of powers, both in the central structures of the Ministry, and in the Ministry of Defence and the Army of Land, Navy and Air Force.

In addition, it has been considered appropriate to simplify the process by delegating the competencies to sign both documents in the same authority, depending on the organic dependency of the UCO participating in the project and has been intended homogenise the level of the organs in which it is delegated, in analogy to the contracting authorities established by Royal Decree 1011/2013 of 20 December 2013.

Article 3.1 of Royal Decree 454/2012, of 5 March, for which the basic organic structure of the Ministry of Defense is developed, establishes as the competence of the Secretariat of State of Defense, the direction, the impetus and management of the policy of research, development and innovation, in the field of defence. Furthermore, Article 4.2.a) of the Royal Decree 454/2012 of 5 March 2012 provides that the Directorate-General for Arms and Material is responsible for, inter alia, the planning and programming of the research, development and Department innovation, as well as directing and controlling its execution.

Finally, it should be noted that the H2020 programme is of limited application for a period of seven years, and it is therefore appropriate to regulate the participation of the UCO of the Ministry of Defence, both in the projects which are call on H2020 as in which they can be convened in the successive framework programmes of research, development and innovation that replace it.

In its virtue, I have:

Article 1. Object.

The purpose of this provision is to delegate powers and to regulate aspects of the procedure for the participation of the units, centers and agencies (UCO) of the Ministry of Defense in projects that are European Commission (EC) research and innovation framework programmes (FP5).

Article 2. Delegation of competencies.

1. The powers to deal with the participation in the projects of the PM are delegated and the corresponding documents are to be signed, in the authorities of the Department which are then related and in the fields of their respective competences:

(a) In the Subdirector General of Armament and Material Procurement and the Chief of the Economic and Financial Section of the Directorate-General for Infrastructure, in respect of the projects they undertake, under the auspices of the EC research and innovation, the bodies that depend on their respective Directorate-General.

b) In the Economic Affairs Directors of the Army of the Earth, the Navy, and the Air Force, in respect of the projects they carry out, under the auspices of the EC's research and innovation fPs, the UCO of their respective army.

(c) The Head of the Head of Economic Affairs of the General Staff of the Defence Staff, with respect to the projects they carry out under the EC's research, development and innovation programmes, the UCO which are dependent on the Head of State Major of Defense.

2. The authorities referred to in the preceding paragraph, pursuant to this delegation, are responsible for the following powers.

a) Carry out the telematic procedures to present the project to the European Commission.

b) Subscribe to the relevant consortium agreements and, where appropriate, the modifications thereto.

c) Subscribe the accession documents to grant agreements.

3. The Minister of Defense shall be able to endorse the knowledge of any pending file when circumstances of a technical, economic, social, legal or territorial nature make it appropriate.

4. Such circumstances shall be recorded in the dossiers to be signed pursuant to this delegation.

Article 3. Procedure.

1. Any UCO of the Ministry of Defense who is interested in participating in any project that is called under the research and innovation of the EC must put it in the knowledge of the General Directorate of Armament and Material (DGAM) with a view to the effective planning and control of all R & D + i activities carried out at the department level by this management body.

2. The participation of the National Institute of Aerospace Technique "Esteban Terradas" (INTA) in projects that are referred to under the auspices of the EC, will be governed by the provisions of article 34.1 of Law 14/2011, of 1 June, of the Science, the Technology and Innovation and the Statute of the said autonomous body.

3. Notwithstanding the above, the INTA shall keep the DGAM informed of the projects in which it participates, in order for this steering body to be aware of the projects under way and to assess potential synergies or duplications with other projects. I + D + i activities of the Ministry.

4. It is for the Director-General of Armament and Material to appoint the representative of the Ministry of Defence to the EC for this matter. This representative will be the main contact of the Department for administrative matters related to the PM, in front of the European Commission.

5. Without prejudice to Article 27 and Annex 1 to Regulation (EU) No 1291/2013 and Article 41 of Regulation (EU) No 1290/2013, the Consortium Agreements which are formalised to participate in projects carried out shall be without prejudice to Article 27 of Regulation (EU) No 1291/2013. under the EC's research and innovation FPPs, they will contain clauses in favour of the Ministry of Defence, which empower the Department to use the results obtained, regardless of who is the participant who has obtained and, therefore, be the owner of the same.

6. Once the project has been completed, the UCO participating in the project will submit to the DGAM how much information it has related to the project, which will allow the Department to assert the industrial property rights that correspond.

7. The information cited will be integrated into the Intangible Asset Archive of R & D, created by Article 6 of Order DEF/685/2012, of 28 March, which regulates and coordinates the research and development of weapons systems and equipment for the national defence in the field of the Ministry of Defence.

8. The preparation and signature of the agreements for the formation of a consortium will apply to the provisions of Order DEF/169/2003 of 11 December 2003, which regulates the procedure for the conclusion of the Conventions of Collaboration in the field of Ministry of Defense.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what is established in this ministerial order.

Final disposition first. Amendment of Order DEF 3015/2004 of 17 September on the delegation of powers of the Ministry of Defence in the field of collaboration agreements.

Order DEF 3015/2004 of 17 September on the delegation of powers to the authorities of the Ministry of Defence in the field of collaboration agreements, to which a new paragraph is added, is amended, with the following wording:

" First bis.

The delegation of competence for the subscription of the Consortium's constitution agreements to participate in the projects of the European Commission's Framework Programmes for Research and Innovation will be regulated by its regulations. specifies ".

Final disposition second. Powers of development.

The Secretary of State of Defense and the Director General of Armament and Material are empowered to draw up the necessary instructions for the implementation of the provisions of this order. ministerial.

Final disposition third. Entry into force.

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

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