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Resolution Of March 11, 2015, Of The Presidency Of The National Commission Of Markets And Competition, Which Lays Down The Regulatory Bases Of The Granting Of Aid For The Implementation Of Training Activities, Information And D...

Original Language Title: Resolución de 11 de marzo de 2015, de la Presidencia de la Comisión Nacional de los Mercados y la Competencia, por la que se establecen las bases reguladoras de concesión de ayudas para la realización de actividades de formación, información y d...

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Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and Competition, configures it as a public body of those provided for in the additional provision of Law 6/1997, of 14 April, Organization and Operation of the General Administration of the State, and establishes that it will act, in the development of its activity and for the fulfillment of its aims, with organic and functional autonomy and full independence of the Administrations Public.

The National Commission on Markets and Competition, as stated in its law of creation, aims to ensure, preserve and promote the proper functioning, transparency and the existence of effective competition in all markets and production sectors, for the benefit of consumers and users, exercising their functions throughout the Spanish territory and in relation to all markets or economic sectors.

In the budget of the National Commission for Markets and Competition, and under Chapter IV "Current transfers", in its sub-concept 481, "CNMC grants", the appropriations for the implementation of the training, information and dissemination activities related to the scope of the National Markets and Competition Commission.

By virtue of all of the foregoing, and pursuant to Article 17 of Law 38/2003, of 17 November, General of Grants, as well as of its Implementing Regulation, approved by Royal Decree 887/2006, of 21 July, are established the regulatory basis for the granting of aid for the implementation of training, information and disclosure activities related to the scope of the National Market and Competition Commission's action

In this way, the National Commission of Markets and Competition, through the grant institute as a category of grant, intends to continue contributing to the training of persons interested in the subject matter of their activity from the perspective of law, economics and other relevant disciplines.

The content of this resolution has been reported by the Legal Counsel and the Delegate Intervention of the General Administration of the State in the National Markets and Competition Commission.

In its virtue, I have:

CHAPTER I

General provisions

Article 1. Object and purpose.

The purpose of this resolution is to approve the regulatory basis for granting, through the procedure of competitive competition, in accordance with the principles of objectivity, publicity, transparency, equality, non-discrimination, merit and capacity, of the scholarships that are called by the National Commission of the Markets and the Competition, hereinafter the CNMC. They will be scholarships for training and vocational training for graduates or university graduates who will be able to provide future professionals with theoretical and practical training in the field of action of the National Commission of the Markets and Competition, and to be developed at the CNMC

Article 2. Funding.

The grants covered in this resolution will be funded from the corresponding budget implementation of the National Commission on Markets and Competition budget.

The grant of the scholarships to be awarded will be conditional on the existence of adequate and adequate credit in the budgets of the agency, as laid down in article 9.4 of Law 38/2003 of 17 November, General of Grants.

Article 3. Duration and endowment.

1. The duration of the grants shall be fixed in the relevant call. However, each grant awarded may be for a maximum duration of 10 months.

2. The number of scholarships will be established on each call.

3. The total amount for each grant is one thousand one hundred euro (1,100 euro) per month, to which the discounts and retentions that come in accordance with the provisions in force will apply.

4. The recipients will be included in the General Social Security Scheme, in accordance with the provisions of Royal Decree 1493/2011 of 24 October on the terms and conditions of inclusion in the scheme. 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.

Article 4. Requirements of the beneficiaries.

1. Natural persons with full capacity to act who, not being disabled for the purpose of obtaining aid or public subsidies, may meet the following requirements may be eligible:

a) Domain of the Spanish language. Documentary evidence shall only be required in cases in which non-Spanish candidates whose mother tongue is different from Spanish are concerned.

b) Being in possession of a higher university degree (engineering, bachelor, degree or equivalent) in the fields of Law, Economics, Enterprise, or in areas of science and technology specifically related to the economic sectors supervised by the CNMC, obtained in the four years preceding the publication of the call, or in a position to obtain it before the deadline for the submission of applications has been completed. Certificates obtained abroad or in Spanish centres without official recognition must be approved or recognised and produce full legal effects on the date of submission of the application.

c) Knowledge of English. Other languages will be valued.

d) Not having previously enjoyed other training grants in the National Markets and Competition Commission or in the bodies currently integrated in the CNMC.

e) Not to be in any of the prohibitions that, in order to be a beneficiary of grants, establishes article 13.2 of Law 38/2003, of 17 November, General of Grants.

2. Applicants shall meet the requirements laid down in these bases and in the relevant call on the day of the completion of the deadline for the submission of applications.

Article 5. Obligations of the beneficiaries.

1. The beneficiaries of the scholarships, due to the fact of attending the call, accept the provisions of the regulatory bases and the call, and declare:

a) Not to be in any cause of incompatibility or prohibition provided for by the Law.

b) Meet the requirements set out in the applicable regulations, in particular on the basis, in the call and in the regulation of grants.

2. In addition to complying with the obligations laid down in Article 14 of Law 38/2003 of 17 November, the beneficiaries of the scholarships are obliged to:

(a) Communicate in writing to the National Commission of the Markets and the Competition the acceptance or waiver of the grant granted, within the time limit indicated in the call or in the decision to grant the scholarships. After that period without having submitted the letter of acceptance, it shall be deemed to resign. Where appropriate, the grant may be awarded to the person listed first as an alternate on the reserve list, if this is established in the call.

b) Presenter on the National Markets and Competition Commission on the date set forth in the grant resolution, once the grant is accepted, and initiate the training activity on the date indicated to it.

(c) Meet the schedule in your training program, as well as the rest of the forecasts laid out in it, in accordance with the instructions of your guardian, and respect the rules of operation, safety and prevention of occupational risks of the body.

d) Carry out the activities entrusted to you with due diligence, carrying out the training activity in accordance with the training programme to be established and the instructions of your guardian or supervisor.

e) Observe due secrecy and discretion as to the matters, facts, or information of which they were aware during the period of the scholarship. The documentation or information to which they have access during the enjoyment of the grant shall not be available and shall remain unavailability upon completion.

To these effects, the recipients of the scholarships will present, before enjoying the same, a sworn declaration of saving secrecy on the information they have access to during the enjoyment of the scholarship and after the end of the same.

f) Accept the internal rules of the CNMC.

g) Not having acquired from the start date, nor acquiring for the duration of the grant, any commitment or obligation, which prevents the full and continued fulfillment of the same, such as, for example, other scholarships or contracts of labor or mercantile nature.

h) Communicate obtaining aid or grants for the same or similar training purpose.

i) Facilitating, at the request of the National Markets and Competition Commission, information on their employment or professional status six months after the completion of the training period.

j) Submit to the verification and control actions that may be relevant in relation to the grant, providing as much information as required to the effect, in accordance with the legislation in force.

3. In the work which the grantees may publish as a result of the activity carried out during the grant, the quality of the author's scholarship must be recorded, the results are a direct consequence of this circumstance and have been financed by the CNMC, which shall in any case be the holder of his intellectual property.

The verification of the inaccuracy or falsehood of the merits alleged, the failure to comply with any obligations in the applicable regulations that are applicable, including the bases and the call, or the lack of serious diligence in the performance of his duties and the performance of his duties, he may assume, after hearing the scholarship, the deprivation of the grant for the time remaining pending, without prejudice to other responsibilities which may be required, according to the with the art. 16 of this Resolution.

Article 6. Responsibility.

The beneficiaries of the grants referred to in this resolution shall be subject to the responsibility and sanctioning regime which, in respect of administrative offences in the field of grants, provides for Title IV of the Law 38/2003, dated November 17.

Article 7. Characteristics of scholarships and incompatibilities.

1. The granting and enjoyment of the scholarships, given their formative character, does not cause any employment or civil service relationship between the beneficiaries and the National Commission of the Markets and the Competition, and will involve, on the part of those, the acceptance of the at these bases. The amount to be paid to the grantees in no case shall be the consideration of salary or remuneration, but of economic aid for training.

2. Furthermore, participation in the programme will in no way entail merit for access to the civil service or for the acquisition of an employment relationship with any public administration. The time of participation in the training programmes referred to in this order shall not be taken into account for prior services or for effective services in public administrations.

3. The grant of the grant shall be incompatible with any other grant, aid, revenue or resource for the same purpose, from any public or private authorities, national, European Union, third State or international bodies, and with any other remunerated activity, or even with unpaid activities that are either temporarily or materially incompatible with the grant.

4. The enjoyment of the grant with the unemployment benefit shall also be incompatible with the terms laid down in the rules governing that benefit.

5. In the event of incompatibilities as mentioned in numbers 3 and 4 of this article, the successful recipients of the grant shall give up those revenue in an express manner within 10 days of the publication of the concession or within the period to be set in the call if it is different.

6. The award of grants under a call shall not imply any obligation on the part of the National Commission of the Markets and the Competition to award grants in the following financial years.

CHAPTER II

Grant procedure for scholarships

Article 8. Formalization of requests.

1. The applications, addressed to the General Secretariat (CNMC Grants) of the National Commission of the Markets and the Competition, will be formalized in the model indicated in the call, and, together with the remaining documentation required, will be presented in the general register of the National Commission of the Markets and the Competition, or by any of the means laid down in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

2. The application must be signed by the applicant and shall include a signed declaration that the applicant meets the requirements of the call and is not in any of the cases referred to in Article 13 of Law 38/2003, 17 of November, General Grant.

3. Applications must be accompanied by the documentation indicated in the call, and, in any case, the following original documentation, certified photocopy or copy that has the character of authentic, according to the legislation in force:

a) Authorization in your own request to the National Commission of the Markets and the Competition to check your data using the Identity Data Verification System, as established by Royal Decree 522/2006, of 28 of April, by which the contribution of photocopies of identity documents in the administrative proceedings of the General Administration of the State and its related or dependent public bodies, or in another case, a photocopy of the national identity card or passport.

(b) Photocopy of the academic qualifications required by Article 4 of these bases or, where appropriate, of the document certifying the payment of the rights for their issue, or of the documents certifying that they may access the scholarship.

c) A certified photocopy of the certification of the qualifications obtained during the university career and in which the date on which they were obtained is recorded.

d) Curriculum vitae. Applicants must accompany the supporting documents or evidence of the merits alleged in the curriculum vitae, for the purposes of their assessment by the assessment committee.

e) Memory or letter of motivation explaining the personal interest of the candidate to access the awarded scholarships, as well as to what extent the enjoyment of the scholarship would contribute to improving their academic and professional training.

(f) Declaration of not receiving any remuneration, compensation or financial assistance during the time and enjoyment of the grant for the exercise of any professional or employment activity for own or other account, or for being in receipt of unemployment benefits, or you are enjoying another scholarship.

In the event of receipt of such benefits or remuneration, you must indicate it in the application. In this case, an express declaration shall be made to give up the same in the terms provided for in Article 7 of this resolution, except where, in accordance with the provisions laid down in the relevant legislation, their perception is compatible.

Article 9. Initiation, procedure instruction and advertising.

1. The procedure for the award of grants shall be initiated on its own initiative, by means of a public notice to be approved by a resolution of the President of the National Markets and Competition Commission and published in the Official Journal of the European Communities. State. ' The notice shall establish the time limit for the submission of applications, which shall not be less than 15 working days, from the day following that of its publication in the Official Gazette of the State.

2. The instruction of the grant award procedure is for the General Secretariat (CNMC Grants), which will carry out the necessary procedures, as well as any other actions considered appropriate to determine, verify or know the data in the virtue of which the relevant concession resolution is to be formulated.

If the application does not meet the requirements laid down in this standard, the person concerned shall be required to submit it within a period of 10 days, indicating that if he does not do so, he shall be given a withdrawal from his or her application, after a decision to be made in accordance with the terms laid down in Article 71 of Law 30/1992, of 26 November.

3. In the light of the dossier and of the relevant report of the Valuation Commission set out in Article 10, the instructor shall make the proposal for a provisional resolution. The draft provisional resolution shall express the list of applicants for which the award of the grants is proposed in order to score and a list of alternates shall be included, also ordered in accordance with the score obtained, for the waiver of the successful tenderers.

The proposal for a provisional resolution must be notified to the interested parties in the form set out in the call, and a period of 10 days will be granted for submission of claims. The arguments put forward, if appropriate, by the parties concerned, shall be drawn up for the final decision.

4. Information on the instruction of the grant procedure, the list of beneficiaries, dates, schedules and any other relevant information, as well as the full text of the resolution will be displayed on the bulletin board of the National Markets and Competition Commission, as well as on the website www.cnmc.es, for a period of not less than 15 days.

5. The resolution of the call and the termination of the procedure shall also be the subject of publication in the Official Gazette of the State.

Article 10. Valuation fee.

1. The examination and selection of applications shall be carried out by a valuation commission, which shall be considered as a collegiate body referred to in Article 22.1 of Law 38/2003 of 17 November, and shall be composed of the following: members:

President: A representative of the CNMC Presidency.

Vocals: A representative of the Competition Directorate, a representative of the Department of Competition Promotion, a representative of the Directorate of Energy, a representative of the Directorate of Telecommunications and Audiovisual Sector, a representative of the Directorate of Transport and the Postal Sector, a representative of the Legal Counsel at the CNMC

Secretary: The representative of the Legal Counsel will act as secretary of the Valuation Commission, with a voice and with a vote, as a member of the Commission, in accordance with Article 25.3 of Law 30/1992, of 26 November, Legal status of public administrations and the common administrative procedure.

The specific composition of the members of the Valuation Commission, as well as the alternates, will be determined in the call.

The assessment report shall be issued by the assessment report referred to in Article 24 (4) of Law 38/2003 of 17 November.

This commission will adjust, as to its operation, as provided for in Chapter II of Title II of Law 30/1992, of November 26.

2. The procedural body, in the light of the dossier and the report of the assessment committee, shall, first of all, make the proposal for a provisional resolution, and once the time limit has been met for arguments, the motion for a resolution final, in which the list of applicants for whom the grant of the grants is proposed, and, where appropriate, the members of the reserve list, as well as their assessment and the assessment criteria followed for the purpose of making it.

3. As provided for in Article 24 (4) of Law 38/2003 of 17 November, the proposed resolution shall be final and shall be submitted to the Chairman of the National Markets and Competition Commission, the body responsible for issuing the decision. the decision to terminate the proceedings, in accordance with Article 25 of that Law.

Article 11. Assessment criteria.

1. The process of evaluation of applications and selection of fellows will be carried out in competitive competition as established in the corresponding call, and according to the principles of publicity, transparency, equality and not discrimination.

2. This process will assess the merits of the documents that are documented by the candidates, with the documentation that will be provided with the application.

The evaluation and selection of the applications will be carried out taking into account the following merits, which will be applied at most the scores indicated, being 100 the maximum total points that can be obtained applicant:

(a) The academic record corresponding to the specific degree related to the knowledge area of the grant: up to 40 points.

b) Other additional official university degrees related to Law, Economics, Business or Science and Technology: up to 18 points.

c) postgraduate training (masters, doctoral courses, or equivalent) related to the area of knowledge of the grant, or having completed specialization studies (more than 100 hours) other than their specific qualifications; related to the knowledge area of the scholarship: up to 18 points.

d) Knowledge of English: up to 18 points.

e) Additionally, the French or German language domain will score up to 3 points for each language.

3. The minimum score required to be eligible for the scholarships, as well as, if applicable, to integrate the list of alternates, will be 50 points.

4. In the event of a tie, the result shall be addressed on the basis of the highest score obtained by the applicants in paragraphs 2a), 2c), 2d), 2b), and 2e) of this article, in this order.

Article 12. Resolution and resources

1. The President of the National Markets and Competition Commission shall issue a resolution within a maximum of 15 working days from the date of the lifting of the motion for a resolution, granting the grants.

The resolution will specify the candidates to whom the scholarship is awarded in order to score The resolution will also approve the list of reserve candidates, by order of score, which will replace, if applicable, a the beneficiaries, by giving up these to the grant or by not complying with the requirements necessary to access it, either originally or over-come. Persons who are awarded grants as holders shall not be included as a reserve in that candidate list.

If, in agreement with the assessment committee, it is considered that the candidates who have attended the call do not meet the appropriate conditions to perform the functions and activities that are the subject of the grant, may declare any or all fellowships called. In this case, this circumstance shall be indicated in the decision and, if the call has provided for a reserve list, it shall not be approved.

2. The decision to grant the grants, which shall contain the names, last names and number of DNI or passports of the beneficiaries and the alternates selected, shall be issued and published in the Official Gazette of the State within the time limit laid down in the a call, which may not exceed six months, from the date of publication of the corresponding call, as laid down in Article 25.4 of Law 38/2003 of 17 November. This publication will produce the effects of the notification, in accordance with the provisions of Articles 26 of Law 38/2003 of 17 November and 59.6.b of Law 30/1992 of 26 November. Also, this resolution will be published in the bulletin boards of the National Commission of the Markets and Competition, located in Calle Barquillo, n. 5, Madrid, and on the website www.cnmc.es.

In accordance with the provisions of Article 25.3 of Law 38/2003 of 17 November, the resolution will expressly state the rejection of all other applications.

3. This resolution shall put an end to the administrative procedure, which may be brought against the same remedy as a replacement to the President of the National Markets and Competition Commission within one month, in accordance with the provisions of the Articles 116 and 117 of Law 30/1992, of 26 November, or directly administrative-administrative action before the National Court, within two months, in the form provided for in Law 29/1998, of July 13, regulator of the Jurisdiction Case-law of the Court of Justice of the European Parliament of the Court of Justice "Official State Gazette".

4. Exceptionally, an extension of the maximum time limit for resolution and publication may be agreed, in the terms and limitations set out in Article 42.6 of Law 30/1992 of 26 November, with the publication of such an extension.

5. After the maximum period has not been published, the applicants must understand their request for administrative silence, as stated in Article 25.5 of Law 38/2003 of 17 November.

6. The beneficiaries shall communicate in writing to the National Commission of the Markets and the Competition the acceptance or waiver of the grant granted within 15 days of the date of publication of the decision. After this period has not been submitted, the letter of acceptance shall be deemed to give up. If a reserve list has been provided for in the call, it shall be designated as the beneficiary of the grant to the person who appears first of all as an alternate, to whom this circumstance shall be notified, for the purposes of acceptance or waiver under identical conditions and with the same effects.

Article 13. Modification of the grant resolution.

In accordance with the provisions of Article 19.4 of Law 38/2003 of 17 November, any alteration of the conditions under consideration for the grant of the grant, and in any event, the concurrent obtaining of other grants, grants, revenue or resources for the same purpose, from any public or private authorities, national, European Union or international bodies, may give rise to the amendment of the the granting resolution, with the effects provided for in Article 5 of this resolution.

CHAPTER III

Justification, Payment, and Reintegrated Procedure

Article 14. Deadline and form of justification for the fulfilment of the purpose of the grant.

The beneficiaries of the scholarships must accredit to the National Commission of the Markets and the Competition the performance of the activities and the fulfillment of the objectives previewed in the month following the end of the term termination of the training activity, by submitting the following documents:

a) Report by your guardian or supervisor that the training program has been met and the objectives set have been met.

(b) Memory drawn up by the grantees in which the activities carried out and the objectives achieved are indicated.

Article 15. Payment procedure.

1. The grants shall be paid to the beneficiaries for months due, after deduction, of the total amount intended to finance each grant, the expenses, taxes and social contributions established in the current legislation. The calculation of the payment period shall be initiated after the expiry of the corresponding month.

The amount will be paid equally in each monthly payment, except in the case of the beginning or end of the grant and not a whole month, where the payment will be made in proportion to the number of days enjoyed the scholarship.

2. For the purposes of making payments, the grantees shall submit to the General Secretariat of the CNMC the documents specified below:

-In order to receive the interim monthly payments, prior submission of the certificate issued by the guardian shall be necessary, stating that the activity covered by the grant has been carried out during the month in question. with satisfactory levels of dedication and performance.

-To receive the last monthly payment you will need to preview the following documentation:

(a) Certification issued by the guardian to have completed them and to have carried out the activity subject to the grant with satisfactory levels of dedication and performance.

b) Memory made by the grantee and visada by the tutor of the activities carried out and the objectives achieved, including the proposals for improvement that are considered appropriate.

3. The amounts paid in no case shall be of a salary or remuneration, but of economic aid for the costs incurred by the grant.

Article 16. Reinstatement and graduation of defaults

1. If the beneficiary does not carry out the tasks assigned to it in time and forms, or does not comply with any of the obligations laid down in Article 5 of this resolution, it shall lead to the termination of the right to the recovery of the grant or to the modification of the a decision on the granting and, where appropriate, the reimbursement of the amounts received, in the terms and conditions laid down in Title II of Law 38/2003 of 17 November.

2. In accordance with the provisions of Article 17.3.n) of Law 38/2003 of 17 November, in the event that the beneficiary's non-compliance is total, it must reintegrate 100% of what is perceived. However, if this is a partial default, the drawback will be determined by the principle of proportionality, in any case being modulated taking into account the fact that the non-compliance is significantly closer to compliance total and that the beneficiaries are shown to be clearly in line with their commitments.

CHAPTER IV

Resignations or casualties

Article 17. Resignations or casualties.

1. The resignations or casualties that occur among the grantees must be communicated to the General Secretariat of the National Commission of the Markets and the Competition, with fifteen days in advance whenever possible.

2. If a reserve list exists, the resignations or casualties may be replaced by the candidates on the alternate list, by means of a resolution of the President of the National Markets and Competition Commission.

3. The replacement of a renouncement or low-cause grantee will not be automatic or compulsory. If this substitution is performed, it will be done by a rigorous ranking order in the list, according to the final score obtained in the assessment of the candidates to be published in the grant resolution and to approve the list. reservation.

4. The period of the enjoyment of the grant in the event of substitution by one of the persons on the reserve list approved in the decision to grant the scholarships, shall be that of the time for the ordinary enjoyment of the grant, discounted the that he had already enjoyed the scholarship that he resigns or causes low.

5. The replacement of any grantees who resign or cause a discharge for the persons on the reserve list shall not occur where the time of the grant of the grant is less than three months.

Final disposition first. Ability to apply and interpret.

The President of the National Markets and Competition Commission may issue the necessary instructions for the proper execution of the provisions of this resolution. You will also be able to interpret and resolve any doubts raised by the application of these bases.

Final disposition second. Abrogation of previously published bases.

The regulatory bases approved by Resolution of 8 September 2014 of the Presidency of the National Commission of the Markets and the Competition, and its subsequent amendment made by Resolution of 22 of the December 2014.

Madrid, March 11, 2015. -President of the National Commission of the Markets and Competition, José María Marin Quemada.