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Real Decree 815/2015, 11 September, Amending The Royal Decree 903/2007, Of 6 July, Which Approves The Statute Of The Autonomous Agency "european Educational Programmes" And Its New Name Service Spanish Remembereth...

Original Language Title: Real Decreto 815/2015, de 11 de septiembre, por el que se modifica el Real Decreto 903/2007, de 6 de julio, por el que se aprueba el Estatuto del Organismo Autónomo "Programas Educativos Europeos" y se acuerda su nueva denominación Servicio Español...

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TEXT

The Council of Ministers ' Agreement of 20 September 2013 adopting measures for the restructuring and rationalisation of the public and business state public sector, as set out in Annex II.1.b), is set out in Annex II.1.b). For the International Projection of Spanish Universities (Universidad.es) will be extinguished and its activity will be integrated into the Autonomous Body "European Educational Programs".

The comprehensive review of the Public Administration by the Commission for the Reform of Public Administrations (CORA) created by the Council of Ministers ' Agreement of 26 October 2012, the objective of which is to rationalisation of structures, procedures and resources, has been aimed at improving efficiency and efficiency in public activity, while at the same time reducing the cost of public activity without reducing the quality of the services provided.

The need to adapt the organizational structures to the new social demands and the demands of the citizens is an integral part of the functioning of the administrative system. From this conviction, the Agreement of 26 October 2012, which was created by the Commission for the Reform of Public Administrations, established the constitution of the Subcommittee on Institutional Management, to which it charged " different types of entities that compose it, review the normative framework and the models that identify them as optimal, and propose the modifications that are agreed in the list of existing entities. "

The Commission for the Reform of Public Administrations proposes in its report numerous measures to achieve a more rational public sector, free of duplication and more efficient from the point of view of public spending. Concretely, it is pointed out as justification for the absorption of the University. It is for the Spanish Service for the Internationalization of Education, SEPIE (in the same way as for other foundations) that a foundation can act as a mere instrument (a) the provision of public aid to third parties, without providing added value, in actual fact carrying out an activity of the Ministry of Protection, but outside the controls to which a public administration is subject.

Law 15/2014, of 16 September, of rationalisation of the Public Sector and other measures of administrative reform, amends in Article 5 the additional 42/2006 of Law 42/2006, of 28 December, of General Budget of the State for the year 2007, establishing that the Autonomous Body "European Educational Programs" will incorporate in its aims to enhance the international projection of the Spanish university system and its offer, as well as the interuniversity mobility". The autonomous agency will assume these functions at the moment when the foundation of the state public sector Foundation for International Projection of the Spanish Universities (Universidad.es) is extinguished, with the new name of Service Spanish for the Internationalization of Education (SEPIE), " subrogating itself to the rights and obligations of that entity, except for the rights and obligations that this foundation has derived from its absorption of the extinct Foundation General of the International University Menéndez Pelayo, and who are destined for compliance with the purposes of the International University of Menéndez and Pelayo, and which are executed by virtue of the purposes set out in Article 3.2 of its Statutes, which will pass to the autonomous agency, Universidad Internacional Menéndez Pelayo".

Likewise, the aforementioned Law 15/2014, of 16 September, in its article 4, establishes the modification of the name of the Autonomous Body "European Educational Programs", which happens to be called Spanish Service for the Internationalisation of Education (SEPIE), and the integration of the Foundation for International Projection of Spanish Universities (Universidad.es) in the Spanish Service for the Internationalization of Education (SEPIE).

According to the foregoing, this royal decree aims to amend the Statute of the Autonomous Body "European Educational Programs" to adapt its organization to the assumption of the functions and activities that the Foundation for International Projection of the Spanish Universities (Universidad.es), and of Royal Decree 903/2007, of July 6, for which the said Statute is approved, for the purposes of proceeding to its change of denomination.

On the other hand, the Agency is the National Agency for the management, dissemination, promotion and impact studies of the new "Erasmus +" programme in the field of education and training (2014-2020), which entered into force on 1 January 2014, in accordance with the provisions of Regulation 1288 /2013/EC of the European Parliament and of the Council of 11 December 2013 establishing the 'Erasmus +'

.

This program integrates existing programs in the Lifelong Learning Program and also the international higher education programs: Mundus, Tempus, ALFA, Edulink and bilateral programs.

Therefore, it is necessary to make the corresponding adaptations in the Statutes of the body to the new program that replaces the previous Lifelong Learning Program.

It is also necessary to safeguard the status of the autonomous body as a delegated agency of the European Commission for the implementation of the "Erasmus +" programme for which it is necessary to separate the management of the European programmes and maintain the resources dedicated to the management of these. For this reason, the management, the coordination unit, as well as the actions for the control of the Community funds which are carried out by the department for the evaluation and control of the body, must be strengthened, regardless of the personnel involved. Integrate from University.es.

It is also necessary to rationalize the institutional structure of the body by simplifying the organs involved in it and to adapt the composition and the operating system to the new nature and objectives as a result of the Community programme as well as the assumption of competences from the

.

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, in agreement with the State Council, and after deliberation by the Council of Ministers in its Meeting of the day 11 September 2015,

DISPONGO:

Single item. Amendment of Royal Decree 903/2007 of 6 July 2007 approving the Statute of the Autonomous Body "European Educational Programmes".

Un.The title of the royal decree is worded as follows:

"Royal Decree 903/2007, of 6 July, approving the Statute of the Spanish Service for the Internationalization of Education (SEPIE)."

Two. Amendment of the Statute of the autonomous body Service Spanish for the Internationalization of Education (SEPIE), approved by Royal Decree 903/2007, of 6 July.

The Statute of the autonomous body Service Spanish for the Internationalization of Education (SEPIE), approved by Royal Decree 903/2007 of 6 July, is amended as follows:

One. A new paragraph 4 is added to Article 1, with the following wording:

" 4. The agency has as its aims, in addition to those mentioned in paragraph 2, to enhance the international projection of the Spanish university system and its offer, as well as the mobility of students, professors and interuniversity researchers. "

Two. Paragraph (a) is amended and a new paragraph (h) is added to Article 3.1, with the following wording:

" (a) Carry out the coordinated management of the actions of the 'Erasmus +' programme or of the programme replacing it, including its budgetary management, in accordance with the criteria laid down in Regulation (EC) No 1288 /2013/EC The European Parliament and the Council of 11 December 2013 establishing the 'Erasmus +' programme, or where appropriate, in accordance with the criteria laid down by the rules to replace it.

h) To contribute to the greater internationalisation of the Spanish university system, to enhance its projection in all international fields, to promote abroad the educational and research offer of universities and centers The Spanish research, to contribute to the improvement of the reception of foreign students, teachers and researchers in Spain and of Spanish abroad, as well as to promote the European Space of Higher Education and the Ibero-American Space of the Knowledge and generate actions and procedures that make it possible to attract efficient students, researchers and foreign teachers for Spanish universities. "

Three. A new paragraph (j) is added to Article 3.2, with the following wording:

" j) Provide counselling services, support for mobility and reception for students, teachers and researchers who wish to undertake an academic stay in Spain, and advice on educational internationalisation Spanish and foreign institutions, for which it will be able to charge public prices; prepare reports, studies and analyses on the international situation of Spanish education and its degree of internationalization; and how many others are necessary for contribute to a greater internationalisation of the Spanish university system, its projection in all international fields, to promote abroad the educational and research offer of Spanish universities and research centers, to contribute to the improvement of the reception of students, professors and researchers foreign nationals in Spain and abroad, as well as promoting the European Higher Education Area and the Ibero-American Knowledge Space and generating actions and procedures that make it possible for the efficient recruitment of students, foreign researchers and teachers for Spanish universities. "

Four. Article 5 (1) and (4) are amended and new paragraph 6 is added, with the current 6 to 7, with the following wording:

" 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 University Policy.

c) The following vowels:

The Director General of Territorial Evaluation and Cooperation.

The Director of the autonomous agency Service Spanish for the Internationalization of Education.

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 appointed by the Autonomous Communities, with the rank of director-general, to which the regional representation for the Committee of the "Erasmus +" Programme of the European Commission or the replace.

A representative of the National Authority with a rank of deputy director general or assimilated.

d) The Secretary, who will be an official of the autonomous agency Spanish Service for the Internationalization of Education and will act with voice but without a vote

Directors of the body's units may also be present at the Governing Council, with a voice but no vote.

4. For reasons of urgency, or where the nature of the matter to be dealt with requires the President, it may be possible to conclude a non-face-to-face session with 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.

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.

6. The Governing Council may set up specialised working groups, of a temporary nature, which it considers necessary for the performance of its tasks.

Your composition will be determined by the subject matter of study or report. "

Five. Paragraph (a) of Article 6 is amended and paragraph (i) is deleted.

(a) Approve the objectives of action under the framework of the 'Erasmus +' programme or the programme to replace it, in accordance with the criteria laid down in Regulation 1288 /2013/EC of the European Parliament and of the Council Council of 11 December 2013. '

Six. Article 11 (2) (a) is amended as follows:

" a) Address the actions of the body in accordance with the guidelines established by the Rector Council and its President, as well as those of the European Commission, in the field of European programmes, carrying out the calls corresponding to the various actions contained in the 'Erasmus +' programme or the European programme to replace it. '

Seven. Article 13 (1) is amended as follows:

" 1. The autonomous body shall have the following units:

(a) Coordination unit, responsible for the implementation of the tasks assigned by the Director of the autonomous body and of horizontal issues which do not correspond to competences specifically attributed to others units.

In any case, it is the responsibility of the budget management of the body.

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

(c) Vocational Training Unit, responsible for the management of all actions and/or vocational training programmes, except for vocational training of a higher degree whose competence will be the Higher Education Unit.

d) School and Adult Education Unit, responsible for the management of all actions and/or programmes in these educational sectors and cross-cutting actions.

(e) Evaluation and control unit, which is responsible for the implementation of the body's powers in this field with regard to the management of European programmes.

f) The Spanish higher education internationalisation unit, which will be responsible for carrying out actions to contribute to a greater internationalisation of the Spanish university system, to enhance its projection in all international fields, to promote abroad the educational and research offer of Spanish universities and research centers, to contribute to the improvement of the reception of foreign students, teachers and researchers in Spain and Spain abroad, as well as boosting the European Education Area Superior and the Ibero-American Space of Knowledge and generate actions and procedures that enable the efficient collection of foreign students, researchers and teachers for Spanish universities, without prejudice to the competences attributed to other units of the body. '

Eight. Article 14 is deleted and the articles which follow it are renumbered, with Article 15 being the new Article 14 and so on.

Nine. Paragraph (f) is amended and the current paragraph (f) is moved to the new paragraph (g) of Article 17 as follows:

" (f) the revenue of public or private law that it is entitled to receive and those that occur as a result of its management and operating activities or the provision of its services.

g) Any other recuse that may be attributed to you. "

Single additional disposition. Adaptation of references.

The references contained in Royal Decree 903/2007 of 6 July 2007 and in the Statute which it approves, as well as in the rest of the Spanish legal order, relating to the Autonomous Body "European Educational Programmes", to the OAPEE, the "Lifelong Learning Programme" of the European Union, and the Ministry of Higher Education and the Ministry of Education, are to be understood, respectively, to the self-governing body Spanish Service for the Internationalisation of the Education, to the SEPIE, to the Erasmus + programme, and to the Ministries and Higher Bodies and managers who have taken over the competences of those, in accordance with the provisions of Royal Decree 1823/2011 of 21 December 2011, for the restructuring of the ministerial departments and the Royal Decree 257/2012 of 27 January 2012, for which the the basic organic structure of the Ministry of Education, Culture and Sport is developed.

Single transient arrangement. 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.

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.

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, on September 11, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO