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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3083

Law 3/2013, 4 June, creation of the National Commission of markets and competition, set it as a public body under the tenth additional provision of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, and establishes that it will act, in the development of its activity and the fulfilment of its purposes with organic autonomy and functional and full independence of the public administrations.

The National Commission of markets and competition, as he declares his law of creation, aims to secure, preserve and promote the functioning, transparency and the existence of effective competition in all markets and sectors, for the benefit of consumers and users, exercising their functions in all the Spanish territory and in relation to all markets or economic sectors.

In the budget of the National Commission of markets and competition, and chapter IV "Current transfers", its 481 subconcepto, «The CNMC scholarships», includes appropriations to the realization of training, information and dissemination activities related to the scope of the National Commission of markets and competition.

By virtue of the foregoing, and on the basis of article 17 of law 38/2003 of 17 November, General grants, as well as its rules of development, approved by Royal Decree 887/2006, of 21 July, establish the regulatory bases for granting aid aimed at the realization of training, information and dissemination activities related to the scope of the National Commission of markets and competition from This way, the National Commission of markets and competition, through the Institute of scholarship as a category of grant, intended to continue to contribute to the formation of people interested in the subject of its activity areas from the perspective of law, the economy and other relevant disciplines.

The content of this resolution has been informed by the Legal Department and the intervention delegate of the General Administration of the State in the National Commission of markets and competition.

By virtue, I have: chapter I General provisions article 1. Object and purpose.

This resolution aims to approve the regulatory bases for granting, through the procedure in rule of competitive, in accordance with the principles of publicity, transparency, equality, non-discrimination, objectivity, merit and ability, scholarships are inviting by the National Commission of markets and competition, hereinafter CNMC. They will be scholarships for training and professional development for university graduates or graduates who have intended to future professionals provide a theoretical and practical training in the field of action of the National Commission of markets and competition, and that will take place in the CNMC article 2. Funding.

Scholarships covered in this resolution will be financed from the corresponding budgetary implementation of the budget of the National Commission of markets and competition.

The award of scholarships is inviting will depend on the existence of adequate credit and enough on the budgets of the Agency, pursuant to the provisions in article 9.4 of the law 38/2003 of 17 November, General subsidies.

Article 3. Duration and staffing.

1. the duration of the scholarship shall be fixed in the relevant call for proposals. However, each of the scholarships are inviting may be a maximum of ten months duration.

2. the number of scholarships will be set in each call.

3. the full amount for each scholarship is 1,100 euros (1,100 euros) per month, to which apply you discounts and deductions which may be applicable in accordance with the provisions in force.

4 will be the inclusion of trainees in the General scheme of the Social Security, in accordance with the Royal Decree 1493 / 2011, of 24 October, which regulates the terms and the conditions for inclusion in the General scheme of the Social security of the people who participate in training programmes in development than expected in the third additional provision of law 27/2011, August 1, about updating, adaptation and modernization of the system of Social Security, from the date of its incorporation, with obligations and rights as it is derive.

Article 4. Requirements of the beneficiaries.

1 may attend the call with full capacity to act natural persons who, not being disabled to obtain grants or public subsidies, meet the following requirements: a) mastery of the Spanish language. Only required documentary evidence in cases in which concerned non-Spanish candidates whose mother tongue is other than English.

(b) be in possession of higher university degree (engineering, Bachelor's degree, degree or equivalent) in the fields of law, economy, Enterprise, or in areas of science and technology specifically related to the economic sectors monitored by the CNMC, obtained in the four years prior to the publication of the call, or in a position to get it before the end of the deadline for submission of applications. The qualifications obtained abroad or in Spanish centres without official recognition must be approved or recognized and full legal effect at the date of filing of the application.

(c) knowledge of English. Other languages will be valued.

(d) not having enjoyed in advance of other scholarships on competition and the National Commission of the markets or in organisms currently integrated in the CNMC.

(e) not to be in any of the prohibitions, to benefit from subsidies, article 13.2 of law 38/2003 of 17 November, General grant set.

2. applicants shall meet the requirements laid down in these rules and in the corresponding call the day of the expiry of the deadline for submission of applications.

Article 5. Obligations of the beneficiaries.

1 the grant recipients, because the call to attend accept provisions in the regulatory bases and the call, and declare: to) not be bankrupt in no cause of incompatibility or prohibition provided by law.

(b) comply with the requirements established in legislation, in particular, on the bases, the call and the regulation of subsidies.

2 also, and in addition to complying with the obligations set out in article 14 of law 38/2003 of 17 November, the beneficiaries of the grants are required: to) notify in writing to the National Commission of markets and competition the acceptance or waiver granted scholarship, in the term indicated in the call or the decision of awarding the scholarships. Within this period without having submitted the letter of acceptance means that you waiver. Where appropriate, it may award scholarship the person appearing in the first place as an alternate on the reserve list, if this is set to the call.

(b) occur on the National Commission of markets and competition in the date set in the resolution of concession, once accepted the scholarship, and start the training activity on the date that is indicated.

(c) comply with the timetable laid down in its training programme, as well as the rest of the forecasts arranged therein, in accordance with the instructions of your tutor, and the rules of operation, security and prevention of occupational risks of the organism.

(d) carry out diligently activities entrusted to him, carrying out training activities in accordance with the training programme established and instructions of your tutor or supervisor.

(e) observe the due secrecy and discretion in terms of topics, facts or information of which had knowledge during the period of the fellowship. It will not have the documentation or information to which access for the enjoyment of the scholarship and will remain such unavailability once.

For these purposes, recipients of the scholarships will present, before enjoying the same, an affidavit to keep secrecy about the information to which they have access during the enjoyment of scholarship and once it is completed.

(f) to accept the rules of internal regulations of the CNMC.

(g) not purchasing to the start date, or acquire during the duration of the scholarship, no commitment or obligation, which prevents compliance with full and continued the same, as, for example, other grants or contracts of employment or commercial nature.

(h) communicate obtaining subsidies or grants for the same or similar educational purpose.

(i) facilitate, at the request of the National Commission of markets and competition, information on their employment situation or professional than six months from the end of the training period.

(j) subject to actions of verification and control that may be relevant in relation to the grant, providing much information required them to the effect, in accordance with the legislation in force.
3. what grantees can publish as consequence of the activity developed during the Fellowship should be contain the quality of scholarship of the author, that the results are a direct result of this circumstance and that have been funded by the CNMC, which in any event shall be the holder of the intellectual property.

Checking the inaccuracy or falsity of the alleged merits, breach of any obligations in the current regulations that may apply, including bases and the call, or the lack of serious diligence in the performance of its functions and the performance of their tasks, may make, once heard the fellow, the deprivation of the scholarship for the time which is pending , without prejudice to other responsibilities that may be required, in accordance with article 16 of this resolution.

Article 6. Liability.

Recipients of the scholarships referred to in this resolution shall be subject to the responsibilities and penalties which over subsidy administrative offences establishes the title IV of law 38/2003 of 17 November.

Article 7. Characteristics of the scholarships and incompatibilities.

1. the granting and enjoyment of scholarships, given its formative character, does not originate any employment or civil service relationship between beneficiaries and the National Commission of markets and competition, and will mean by those, acceptance of the provisions of these rules. The amount that is paid to grantees in any case will be considered salary or remuneration, but financial assistance for training.

2. in addition, the participation in the program does not imply merit whatsoever for access to public service or the acquisition of a working relationship with any public administration. The time of participation in the training programmes referred to in this order will not have the consideration of previous services nor for effective services in public administrations.

3. the enjoyment of the scholarship will be incompatible with any other subsidy, aid, income or resource for the same purpose, from any Government or public or private, national bodies, the European Union, third countries or international organizations, and with any other remunerated activity, or even with non-remunerated activities that are incompatible temporary or materially scholarship.

4. also shall be the enjoyment of scholarship with unemployment benefits under the terms provided in the regulatory legislation of such provision.

5. in the event that there are incompatibilities as those identified at the numbers 3 and 4 of this article, scholarship recipients must renounce those revenues expressly in the ten days following the publication of the concession or in the term that settles in the call if it were different.

6. the granting of scholarships on the basis of a call does not imply any obligation by the National Commission of markets and competition of scholarships in the following financial periods.

Chapter II procedure article 8 grants. Formalization of requests.

1 applications, aimed at the General Secretariat (CNMC scholarships) of the National Commission of markets and competition, is formalized in the model indicated on the call, and, together with the remaining required documentation, shall be submitted to the general registry of the National Commission of markets and competition, or by any of the means set out in article 38.4 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

2. the claim must be signed by the applicant and shall include a signed declaration that it meets the requirements in the call and cannot be found in any of the cases of article 13 of law 38/2003 of 17 November, General subsidies.

3 requests must accompany the documentation indicated in the summons, and, in any case, the following original documentation, photocopies or copy that has the character of authentic, according to the legislation in force: to) authorization in the own request to the National Commission of markets and competition so check their data using the data verification system of identity , as set forth in the Royal Decree 522/2006, 28 April, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public organizations linked or dependent, or in another case, submit photocopy of national identity card or passport.

(b) certified photocopy of the academic qualifications required in article 4 of these rules, or, where applicable, proof of payment rights for his expedition, or documents proving that they can access the scholarship.

(c) a photocopy certified certification of qualifications obtained during the college career and stating the date in which they were obtained.

(d) curriculum vitae. Applicants shall submit evidence or supporting documents of the merits alleged in the curriculum vitae provided, for the purposes of its evaluation by the Evaluation Committee.

(e) memory or motivation letter explain the personal interest of the candidate to access convened scholarships, as well as the extent to which the enjoyment of the grant would contribute to improve their academic and professional training.

(f) Declaration of not receiving any remuneration, compensation or financial support during the time and grant by the exercise of any professional or employment or self-employed activity, or by being welcomed to benefits for unemployment or be enjoying another scholarship.

In the event to be receiving such benefits or compensation you must indicate in the request. In this case, there will be an express declaration renounce in the terms provided for in article 7 of this resolution, unless, pursuant to the provisions of the relevant regulations, their perception is compatible.

Article 9. Introduction, statement of procedure and publicity.

1. the procedure of awarding scholarships will begin officially, through public call which must be approved by resolution of the President of the National Commission of the markets and competition and which will be published in the «Official Gazette». The deadline for submission of applications, which may not be less than fifteen days, counting from the day following its publication in the «Official Gazette» shall be established in the call.

2. the statement of the procedure for granting scholarships corresponds to the General Secretariat (CNMC scholarships), which will carry out the relevant procedures, as well as other actions deemed appropriate to determine, check or know the details under which the corresponding resolution of concession should be.

If the application does not meet the requirements stipulated in this standard, shall be required to the interested party so that he rectified it in the non-extendable term of ten days, indicating that if you do not do so you shall be withdrawn his application, previous resolution that should be dictated in the terms provided for in article 71 of the law 30/1992, of 26 November.

3. in the light of the record and the corresponding report of the Evaluation Commission established in article 10, organ instructor will formulate the draft interim resolution. This proposal of interim resolution expressing the ratio of applicants for those who proposed the granting of scholarships in order of score and a relationship of alternates, also ordered according to the score, in the case of resignation of the successful tenderers will be included.

Interim resolution shall give notice to those interested in the way that set the call, and shall be granted a period of ten days for appeals. Examined adduced allegations, where appropriate, by stakeholders, final resolution will be formulated.

4 information concerning scholarships procedure instruction, the lists of beneficiaries, dates, times and any other relevant, as well as the full text of the resolution will be posted on the Bulletin Board of the National Commission of markets and competition, as well as on the website www.cnmc.es, for a period of not less than fifteen days.

5. the resolution of the call and which put an end to the procedure shall, in addition, publication in the «Official Gazette».

Article 10. Commission's assessment.

1. the examination and selection of applications will be held by a Commission of appraisal, which will be considered College referred to in article 22.1 of law 38/2003 of 17 November, and will be composed of the following members: Chairman: A representative of the Presidency of the CNMC.

Members: A representative of the direction of competition, a representative of the Department for promotion of competition, a representative of the direction of energy, a representative of the Directorate of telecommunications and the Audiovisual Sector, a representative of the Directorate of transport and the Postal Sector, a representative of the legal counsel on the CNMC
Secretary: The legal representative shall act as Secretary of the Commission's assessment, with voice and vote, to be a member of the Commission, pursuant to article 25.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

The composition of concrete of the members of the assessment Committee, as well as deputies, shall be determined in the call.

The assessment Committee will issue the assessment report referred to in article 24.4 of the law 38/2003 of 17 November.

This Commission shall follow, in terms of its operation, as provided for in chapter II of title II of law 30/1992, of 26 November.

2. the organ instructor of the procedure, in view of the record and the Commission's assessment report, formulate, first provisional resolution, and once met the deadline for claims, final resolution, in which consists the ratio of applicants to those who proposed the granting of scholarships, and, where appropriate members of the reserve list, as well as its evaluation and the criteria followed to develop it.

3 pursuant to article 24.4 of the law 38/2003 of 17 November, formulated resolution will have definitive character and will rise to the President of the National Commission of markets and competition, responsible for issuing the decision that put an end to the procedure, pursuant to article 25 of this law.

Article 11. Assessment criteria.

1. the process of evaluation of applications and selection of fellows carry out on a competitive basis as set forth in the relevant call for proposals, and in accordance with the principles of publicity, transparency, equality and non-discrimination.

2. in this process the alleged merits proving documents by candidates, with documentation that provides together with the application will be assessed.

The evaluation and selection of applications will take place taking into account the following merits, which applies maximum scores indicated, 100 being the maximum total of points that each applicant may seek: to) the academic record corresponding to the specific degree related to the area of knowledge of the scholarship: up to 40 points.

(b) other additional official university degrees related to law, economics, the business or science and technology: up to 18 points.

(c) postgraduate training (masters, PhD or equivalent) related to the area of knowledge of the grant, or having followed studies of specialization (more than 100 hours) than their specific qualification, related to the area of knowledge of scholarship: up to 18 points.

(d) knowledge of English: up to 18 points.

(e) in addition, the domain of languages, French or German will score, maximum, up to 3 points for each language.

3. the minimum score required to be beneficiary of scholarships, as well as, where appropriate, to integrate the list of alternates, will be 50 points.

4 in case of tie, it will settle the result according to the highest score obtained by applicants in paragraphs 2a), 2 c), 2d), 2b), and 2e) of this article, in this order.

Article 12. Resolution and resources 1. The President of the National Commission of the markets and competition will issue resolution within a maximum period of 15 working days from the date of lifting of the motion for a resolution, granting scholarships.

The resolution shall specify the candidates that is granted by order of the resolution score scholarship also will approve the relationship of candidates in reserve, in order of score, to replace, if appropriate, beneficiaries, by giving these to the scholarship or failure to comply with the necessary requirements to access the same, either in originating or occurring in. Persons who are granted scholarships as holders may not appear as a reserve in that relationship of candidates.

In the event that, in accordance with the Commission's assessment, deemed that candidates who have attended the call do not meet the conditions to carry out functions and activities subject to the scholarship, they may declare deserted some or all convened scholarships. In this case, this circumstance in the resolution shall be given, and if the call has provided a reserve list, this will not be approved.

2. the resolution of granting of scholarships, which will contain the names, surnames and number of ID card or passport of the beneficiaries and the selected alternates, will dictate and be published in the «Official Gazette» in the term established in the call, which may not exceed six months from the date of publication of the corresponding call , pursuant to article 25.4 of law 38/2003 of 17 November. This publication will be 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 markets and competition, located in calle Barquillo, n. º 5, of Madrid, and on the website www.cnmc.es.

In accordance with the provisions of article 25.3 of the law 38/2003 of 17 November, the resolution shall contain expressly rejecting the rest of applications.

3. this resolution will put an end to the administrative procedure, and may brought against the same optional replacement appeal before the President of the National Commission of the markets and competition within a month, in accordance with the articles 116 and 117 of the law 30/1992, of November 26, or contentious-administrative appeal before the Audiencia Nacional within the period of two months, in the form provided for in the law 29/1998, of 13 July, regulating the contentious jurisdiction - administrative, counting from the day following the publication of the resolution in the «Official Gazette».

4. exceptionally, it may agree is an extension of the maximum period for resolution and publication, in the terms and with the limitations laid down in article 42.6 of the law 30/1992, of November 26, publishing this enlargement.

5 after the deadline without having published the resolution, applicants will have to understand your request rejected by administrative silence, as it points out the article 25.5 of the law 38/2003 of 17 November.

6. the beneficiaries must be communicated in writing to the National Commission of markets and competition acceptance or waiver granted scholarship, within the period of fifteen days from the date of publication of the resolution. Once this period has elapsed without having submitted the letter of acceptance shall be deemed to waive. Where it had been planned in the call for a reserve list, be appointed as scholar who appears first as an alternate, to whom this circumstance, shall be notified to submit the acceptance or waiver under identical conditions and with the same effects.

Article 13. Modification of award resolution.

In accordance with the provisions of article 19.4 of law 38/2003 of 17 November, any alteration of the conditions taken into account for the granting of the scholarship, and in any case, obtaining concurrent other grants, aid, income or resources for the same purpose, from any Governments or entities, public or private, national, EU or international agencies It may result in modification of resolution of concession, with the effects provided for in article 5 of this resolution.

Chapter III procedure of justification, payment and returned item 14. Time and form of justification for the fulfillment of the purpose of the scholarship.

The grant recipients must prove before the National Commission of markets and competition the activities and the fulfillment of the goals envisaged in the month following the expiry of the deadline for completion of training activity, through the submission of the following documents: to) report of your tutor or supervisor evidencing that has fulfilled the training programme and achieved the expected goals.

(b) a report prepared by fellows that indicated the activities carried out and the objectives achieved.

Article 15. Procedure for payment.

1 scholarships will be paid to beneficiaries for months overdue, once deducted, the total amount to finance every grant, expenses, taxes and social contributions set out in the regulations. The computation of the term of payment will begin once expired the corresponding month.

The amount to be paid by equal amounts in each monthly payment, except for the case in which concerned the beginning or the end of the scholarship and not be a whole month, case that the payment will be made in proportion to the number of days that have enjoyed the fellowship.

2. for the realization of payments, fellows must be submitted to the General Secretariat of the CNMC documents which are specified below:
-Receive monthly payments intermediates will require the prior presentation of the certificate issued by the guardian stating that the activity object of the grant is carried out during the month he concerned with satisfactory levels of dedication and performance.

(To perceive the last monthly payment shall be required upon presentation of the following documents: to) certification issued by the guardian have been finalized and have completed the activity subject of scholarship with satisfactory levels of dedication and performance.

(b) memory performed by fellow and endorsed by the guardian of the activities and the goals achieved, including the proposals of improvement which are considered appropriate.

3. the amounts paid in any case will be salary or remuneration, but financial assistance for expenses involved in the scholarship.

Article 16. Reinstatement and graduation of non-compliance 1. If the beneficiary does not take place in term and is assigned tasks, or fails to comply with any of the obligations laid down in article 5 of this resolution, will lead to the extinction of the right collection of scholarship or the amendment of the resolution of the concession and, where appropriate, to the reinstatement of perceived quantities, in the terms and conditions set forth in title II of law 38/2003 , 17 November.

2 in accordance with article 17.3. n) of law 38/2003 of 17 November, in the event that the beneficiary was total failure, must refund 100% of what is perceived. However, if it were a partial default, reinstatement will be determined by the principle of proportionality, modulating in any case take account of the fact that failure significantly closer to full compliance and that is accredited by the beneficiaries a performance unambiguously aimed at the fulfilment of their commitments.

Chapter IV waivers or low article 17. Disclaimers or casualties.

1. waivers or casualties that occur between the grantees must be reported to the General Secretariat of the National Commission of markets and competition, fifteen days in advance whenever possible.

2. If there is a reserve list, waivers or low may be substituted for the candidates from the list of alternates, by decision of the President of the National Commission of markets and competition.

3. the replacement of an intern who resigns or causes low will not be automatic nor mandatory. When this substitution takes place, it will be by rigorous order of priority in the list, in accordance with the final score obtained in the assessment of candidates published in the resolution of the fellowship and to adopt the reserve list.

4. the period of enjoyment of the grant in the event of replacement by one of the persons appearing on the list of reserve approved in the resolution of the scholarships, will be the time remaining for the ordinary enjoyment of scholarship, granted that had already enjoyed the fellow that waiver or cause low.

5. the replacement of the grantees that waive or causing low by persons appearing on the reserve list will not occur when the time remaining of the grant is less than three months.

First final provision. School of application and interpretation.

The President of the National Commission of the markets and competition may issue the necessary instructions for the proper implementation of the provisions of this resolution. You can also interpret and resolve doubts that might the application of these rules.

Second final provision. Repeal of rules published prior.

There are no effects the regulatory bases approved by resolution of 8 September 2014 for the Presidency of the National Commission of markets and competition, and its subsequent modification by resolution of December 22, 2014.

Madrid, 11 March 2015.-the President of the Commission national markets and competition, José María Marín Quemada.