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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10305

Agreement of Council of Ministers, of September 20, 2013, by which adopt measures of restructuring and rationalization of the State public sector business and Foundation, provides in its annex II.1(b)).5 that the Foundation for the international projection of the Spanish universities (Universidad.es) shall terminate and your activity will be integrated into the autonomous body "European educational programmes".

It review integral of it administration public made by the Commission for the reform of them administrations public (CORA) created by agreement of the Council of Ministers of 26 of October of 2012 whose objective is it rationalization of structures, procedures and resources, has State directed to get an improves in it efficiency and efficiency in it activity public, discounting its cost without this carries it decrease in it quality of them services rendered.

The need to adapt organizational structures to new social demands and the demands of the citizens is inherent to the functioning of the entire administrative system. From this conviction, the agreement of October 26, 2012, which created the Commission for the reform of public administrations, established the Constitution of the Subcommittee on institutional management, which commissioned «analyze the different types of entities that compose it, reviewing the regulatory framework and models that are identified as optimal, and propose modifications that agree on the list of existing entities».

The Commission for the reform of public administrations in his report proposes numerous measures to achieve a more rational public sector, duplication-free and more efficient from the point of view of public expenditure. Specifically is designates as justification for the absorption of Universidad.es by the service Spanish for the internationalization of the education, SEPIE (of equal mode that for others foundations) that a foundation can act as a mere instrument of channeling of aid public to third, without provide a value added, performing actually an activity own of the Ministry of guardianship, but to the margin of them controls to which is subject an administration public.

Law 15/2014, of 16 September, rationalization of the Public Sector and other measures of administrative reform, modifies the forty additional provision of law 42/2006, of 28 December, the State budget for the year 2007, sixth in article 5 stating that the autonomous agency «European educational programs» «will incorporate in its aims promote the internationally of the Spanish University system and its offer «, as well as the mobility Inter-University». The autonomous body will assume these functions at the time that the Foundation of the State public sector foundation for the projection international of Spanish universities (Universidad.es), with the new name of service Spanish to the internationalization of education (SEPIE), is extinguished "carry the rights and obligations it is incumbent that entity, except the rights and obligations that this Foundation has derived from its absorption of the extinct Fundación General of the Universidad Internacional Menéndez Pelayo «, which is intended for the fulfilment of the purposes of the international Menéndez y Pelayo University, and running under the purposes contained in article 3.2 of its statutes, which became the autonomous body Menéndez Pelayo International University».

Equally, the Act 15/2014, on 16 September, in its article 4, establishes the modification of the Organismo Autónomo 'European educational programmes' name, which happens to be called service Spanish to the internationalization of education (SEPIE), and the integration of the Foundation for the international projection of the Spanish universities (Universidad.es) in the Spanish service to the internationalization of education (SEPIE).

In accordance with it previous, the present real Decree has by object the modification of the Statute of the Agency autonomous «programs educational European» for adapt its organization to the assumption of them functions and activities that came playing it Foundation for the projection international of them universities Spanish (Universidad.es), and of the Real Decree 903 / 2007, of 6 of July, by which is approves said Statute , for the purpose of proceeding with your change of name.

On the other hand, the Agency is the National Agency for the management, dissemination, promotion and impact studies of the new programme 'Erasmus +' in the field of education and training (2014-2020), which came into force on January 1, 2014, pursuant to Regulation 1288/2013/EC of the European Parliament and Council on December 11, 2013 , by which it establishes the program «Erasmus +».

This program integrates existing programs on the lifelong learning programme and also international higher education programs: Mundus, Tempus, ALFA, Edulink and bilateral programmes.

Therefore, it is necessary to make the corresponding adjustments in the statutes of the Agency to the new programme which replaces the previous programme of lifelong learning.

Similarly, it is necessary to safeguard the qualification of the autonomous body as a delegate Agency of the European Commission for the implementation of the programme 'Erasmus +' for it is necessary to separate the management of European programmes and maintain the resources devoted to the management of these. By this, there are that reinforce it address, the unit of coordination, as well as the performances of control of them funds community that is carry to out by the Department of evaluation and control of the body, with independence of the personal that is integrate from of Universidad.es.

Also be necessary to rationalize the institutional structure of the body to simplify the organs involved in the same and proceed to adapt the composition and the operating regime to the new nature and objectives derived from the Community programme as well as the assumption of Universidad.es from competencies.

By virtue, at the initiative of the Minister of education, culture and sport, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of September 11, 2015, HAVE: single article. Modification of the Real Decree 903 / 2007, of 6 of July, by which is approves the Statute of the Agency autonomous «programs educational European».

Uno.El title of the Royal Decree is drawn up in the following way: «Royal Decree 903/2007, of 6 July, which approves the Statute of the Spanish service to the internationalization of education (SEPIE).»

Two. Modification of the Statute of the autonomous body Spanish service to the internationalization of education (SEPIE), approved by Royal Decree 903/2007 of 6 July.

The Statute of the autonomous body Spanish service to the internationalization of education (SEPIE), approved by Royal Decree 903/2007, of July 6, is to be re-worded as follows: one. A new paragraph 4 is added to article 1, with the following wording: «4. the Agency aims, in addition to those referred to in paragraph 2, promote the international projection of the Spanish University system and its offer, as well as the Interuniversity mobility of students, teachers and researchers.»

Two. The paragraph is changed to) and add a new paragraph h) to article 3.1, with the following wording: «to) carry out management coordinated actions of the programme "Erasmus +" or program that will replace it, including its budgetary management, in accordance with the criteria established by regulation 1288/2013/EC of the European Parliament and Council on December 11, 2013 by establishing the "Erasmus +" program, or if necessary, in accordance with the criteria established by regulations that replace it.

(h) contribute to greater internationalization of the University system in Spanish, enhance its projection at all levels international, promote overseas educational and research offer of universities and research centres in Spain, contribute to the improvement of the reception of students, professors and researchers in Spain foreign and Spanish abroad, as well as promoting the European higher education area and the Ibero-American knowledge space and generate actions and procedures that enable the capture efficient students, researchers and foreign teachers for Spanish universities.»

3. Added a new paragraph j) article 3.2, with the following wording:


«(j) provide services of advice, support to the mobility and host to students, teachers and researchers that wish to make a stay academic in Spain, and of advice on internationalization educational to institutions Spanish and foreign, for what may charge prices public;» prepare reports, studies and analyses on the international situation of the Spanish education and their degree of internationalisation; and few others are necessary for contribute to a greater internationalization of the system University Spanish, enhance its projection in all them areas international, promote in the outside it offer educational e research of them universities and centers of research Spanish, contribute to it improves of it host of students, teachers and researchers foreigners in Spain and of Spanish in the foreign as well as promoting the European higher education area and the Ibero-American knowledge space and generate actions and procedures that enable the efficient recruitment of students, researchers and foreign teachers for Spanish universities.»

Four. Is modify them paragraphs 1 and 4 of the article 5 and is adds new paragraph 6, passing the current 6 to be 7, with the following drafting: «(1. the Council Rector will be integrated by the following members: to) the President, that will be the Secretary General of universities.»

(b)) the Vice President, who will be the Director General University policy.

(c) the following members: the Director-General of Territorial cooperation and evaluation.

The Director of the Agency autonomous service Spanish to the internationalization of the education.

A representative of the Ministry of employment and Social Security, with the rank of director-general, chosen by the owner of this Department.

A representative of the Ministry of Foreign Affairs and cooperation, with the rank of director-general, chosen by the owner of this Department.

A rector of University, elected by the Council of universities.

A representative designated by the autonomous communities, with the rank of director-general, to which corresponds to hold the regional representation to the Committee for programme "Erasmus +" of the European Commission or you replace it.

A representative of the authority national with rank of Deputy Director general or assimilated.

(d) the Secretary, who shall be an officer of the autonomous body service Spanish for the internationalization of education and will act with voice but without vote may attend also to the Executive Council the heads of units of the organism, with voice but without vote.

4. for reasons of urgency, or when the nature of the matter to be treated is required by the President may agree to the holding of a session on-line procedures telematic, without Constitution face-to-face of the Council with respect to the essential procedures established in articles 26 and 27.1 of Act 30/1992, legal regime of public administrations and common administrative procedure.

Agreed upon the opening of the procedure, will be sent to the members of the Council in advance the call and the order of the day, as well as the documentation for each of the issues and proposals that you consider appropriate on matters to be treated, by email or system allowing to demonstrate both the date and time in which occurs the making available of the person concerned in the event of call , and documentation that must accompany you, as it of access to your content by those members of the Council. The Council shall be constituted when record access to the content of at least half of its members.

The members of the Council must pronounce in within 72 hours, counting from the making available of the contents of the Act to those interested, the received proposals. Agreements shall be adopted by a majority of the members for which the record access to the content, and in case of tie will settle the vote of the President.

Them proceedings shall ensure the constancy of them communications produced as well as the access of the members to the content of them agreements adopted.

6. the Executive Council may constitute specialized working groups, temporary in nature, deemed necessary for the performance of its functions.

Its composition will be determined by the study or report subject matter.»

5. The paragraph is changed to) article 6 and paragraph i is deleted).

«to) approve the objectives of action within the framework of the guidelines of the programme "Erasmus +" or the program that replaced it, in accordance with the criteria established by regulation 1288/2013/EC of the European Parliament and Council on December 11, 2013.'

6. The paragraph is changed to) of article 11.2, which is worded as follows: «a) lead the activities of the Agency in accordance with the guidelines established by the Governing Council and its President, as well as those of the European Commission, in the field of European programmes, making requests corresponding to the various actions contained in the programme "Erasmus +" or of the European program that replace it.»

Seven. Is modifies the paragraph 1 of the article 13, that is drafted as follows: «(1. the body autonomous will have with them following units: to) unit of coordination, responsible of the execution of them tasks assigned by the Director of the Agency autonomous and of them Affairs horizontal that not is correspond with skills specifically attributed to others units.»

In any case, are the competences related to the budgetary management of the Agency.

(b) unit of higher education, which is responsible for the management of all actions or programmes of higher education.

(c) unit of vocational training, responsible for the management of all actions and/or vocational training programs, except for the training of top grade whose expertise will be of the higher education unit.

(d) unit of school education and adults, responsible for the management of all actions or programs of these educational sectors and cross-cutting actions.

(e) evaluation and control, responsible for the execution of the powers of the Agency in this area with respect to the management of European programmes unit.

(f) unit of internationalization of the Spanish higher education, which is responsible for the implementation of actions to contribute to a greater internationalization of the Spanish University system, enhance its screening at all international levels, promote educational opportunities abroad and researcher at the universities and research centres in Spain, contribute to the improvement of the reception of students teachers and foreign researchers in Spain and of Spanish abroad, as well as promoting the European higher education area and the Ibero-American knowledge space and generate actions and procedures that enable the recruitment of students, researchers and foreign teachers for Spanish universities, without prejudice to the powers conferred on other units of the Agency."

8. Is deleted the article 14 and is renumeran them articles that you follow, passing the article 15 to be the new article 14 and so on.

9. ((Paragraph (f) is changed), and moves the existing paragraph f) new paragraph g) article 17, in the following way: «f) incomes of public or private law which appropriate you perceive and that occur as a result of its activities of management and exploitation or for the provision of its services.

"(g) any other resource that it could be attributed."

Sole additional provision. Adaptation of references.

The references contained in Royal Decree 903/2007, of July 6, the statute that it approves, and in the rest of the Spanish legal system, concerning the autonomous agency «Educational European programmes», at the OAPEE, the 'lifelong learning programme' of the European Union, and ministries and abolished, superior and executive organs are to be understood made, respectively, to the autonomous body service Spanish to the internationalization of education the SEPIE, the programme 'Erasmus +', and ministries and higher and managerial bodies that have assumed responsibility for those, as laid down in the Royal Decree 1823 / 2011, of 21 December, which will restructure the ministerial departments and in Royal Decree 257/2012, 27 January, which develops the basic organizational structure of the Ministry of education Culture and sport.

Sole transitional provision. Relationship of jobs.

1. the jobs included in the units affected or suppressed by this Royal Decree, continue to exist and will be paid at the same budgetary expense, until the relationship of job adapted to this Royal Decree would be adopted.

2. until entry into force the new relationship of jobs, the jobs included in the units suppressed by this Royal Decree shall be attached temporarily by decision of the head of the Department than those established in this, according to the powers that have assigned.

Available end only. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on September 11, 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO