MANAGEMENT COMMISSION AGREEMENT OF THE GENERAL SECRETARIAT FOR RESEARCH TO THE CARLOS III HEALTH INSTITUTE
TOGETHER
On the one hand, Mrs. Raquel Yotti Álvarez, General Secretary for Research, appointed to said position by Royal Decree 734/2021, of August 3, which acts on behalf of and on behalf of the Ministry of Science and Innovation, by virtue of the provisions of Article Article 11 of Order CIN/639/2020, of July 6, by which powers are delegated (BOE number 192, of July 14, 2020).
On the other hand, Mr. Cristóbal Belda Iniesta, Director of the Carlos III Health Institute, appointed by Royal Decree 732/2021, of August 3, acting on behalf of the Carlos III Health Institute (hereinafter, the ISCIII).
EXPOSE
I. The Ministry of Science and Innovation, as provided by the Royal Decree 2/2020, of January 12, by which the ministerial departments are restructured, is the Department of the General State Administration in charge of proposing and executing the Government’s policy on science, technological development and innovation in all sectors.
according to Royal Decree 404/2020, of February 25, which develops the basic organic structure of the Ministry of Science and Innovation, corresponds to the General Secretariat for Research, among other functions, the direction of the powers attributed to the department in scientific matters. and research and development.
II. For its part, the ISCIII is a public research body with the character of an autonomous body, of those provided for in the Article 84 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, whose mission is to develop and offer scientific-technological services of the highest quality aimed at the National Health System and the whole of society, affiliated organically to the Ministry of Science and Innovation through the General Secretariat for Research, and functionally to the Ministries of Health and Science and Innovation in the sphere of their respective powers.
The ISCIII is governed, in addition to the specific regulations applicable to its nature as an autonomous body of the public sector, by the Law 14/2011, of June 1, on Science, Technology and Innovation, the Law 14/1986, of April 25, General Health, the Law 16/2003, of May 28, on Cohesion and Quality of the National Health System, the Law 14/2007, of July 3, on Biomedical Research, and its Statutes, approved by the Royal Decree 375/2001, of April 6.
III. The ISCIII, in accordance with the provisions of article 3.4 of its Statutes, has among its functions, as a body for the promotion and coordination of biomedical research activities in health sciences, the planning, coordination and support of research in the National Health System; the granting of aid and subsidies for research and its monitoring, and managing and promoting national and international research programs, commissioned by the State Plan for Scientific, Technical and Innovation Research, or those derived from agreements in Autonomous Communities or with the European Union, managing, maintaining and developing facilities and funds at the service of the scientific-technological activity entrusted to it.
IV. Pursuant to the provisions of the Article 111.1 of Law 47/2003, of November 26, General Budget, autonomous bodies may not arrange debt operations, unless the General State Budget Law, given the special nature of the conditions and activity to be carried out by the body, authorize the subscription of said operations, which will be carried out in the terms and with the limit established in said law.
V. On the other hand, the General Secretariat for Research has appropriations from Chapter VIII in its spending budget, which can be allocated to the activity of promoting and financing R+D+I, through aid instruments that incorporate privileged loans or reimbursable advances. from the funds of the European Union.
VI. For reasons of efficiency, it is considered appropriate by the General Secretariat for Research to confer on the ISCIII, as a body specialized in the management of research aid instruments in the National Health System, an entrustment of management of the Article 11 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, which establishes that carrying out activities of a material or technical nature within the jurisdiction of administrative bodies or Public Law Entities may be entrusted to other bodies or Public Law Entities of the same or different Administration, provided that these activities are among their powers, for reasons of efficiency or when they do not possess the appropriate technical means for their performance.
For all the above, both parties decide to sign this Management Entrustment Agreement that will be governed by the following
CLSUSES
First subjective scope
The General Secretariat for Research, as the entrusting body, and the Carlos III Health Institute (hereinafter, the ISCIII), as the entrusting entity, are parties to this Agreement.
Second Object
1. The purpose of this entrustment is the management by the ISCIII of the calls for public aid for R+D+I belonging to the State Plan for Scientific, Technical and Innovation Research 2021-2023 and subsequent Plans that are financed with credits from chapter VIII of the budget of expenses of the General Secretariat of Investigation.
2. Expenses derived from previous calls may take the form of reimbursable advances from European funds or other community structural funds and/or loans. In the latter case, they may or may not have an associated endorsement, depending on the amount of the loans.
Third Reach
1. The entrustment reaches the realization of all the acts of material execution that entails the procedure of concession of the calls for aid and loans, and that take place after the publication of the resolution of the call, including the management of the requests and the process of evaluation. In the case of agreements, it covers all acts of processing amendment addendums, early resolution or other similar ones.
2. It also reaches the acts of material execution necessary for the approval and commitment of expenses; the recognition of obligations; the payment arrangement proposal, the issuance of accounting documents and their processing before the bodies in charge of the auditing and accounting function, charged to the credits assigned to the corresponding budgetary service; making available to the beneficiaries the means for the scientific, technical and economic justification of the actions; monitoring of actions, both economic and scientific-technical; the actions of verification, control and certification of the expenditure validated for its financing by the European funds, where appropriate; and the instruction of the corresponding reinstatement and disciplinary procedures.
Likewise, it includes the preparation of the documentation to resolve administrative appeals and attend to the control actions of the internal and external audit bodies, as well as the requirements of the judicial bodies; requirement, release and seizure of the guarantees associated with the credits of chapter VIII; monitoring and management of amortization schedules; and monitoring of bankruptcy proceedings that affect the General Secretariat for Investigation.
Quarter Ownership of the entrusted activities
1. Pursuant to the provisions of section 2 of the Article 11 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, this entrustment does not imply transfer of ownership of any competence, corresponding to the formalization of legal acts to the bodies that have been attributed by the legal system the power of decision.
2. Notwithstanding the foregoing, the General Secretariat for Investigation may grant the corresponding bodies of the ISCIII the appropriate delegation of powers in accordance with the provisions of Article Article 9 of Law 40/2015, of October 1.
3. In any case, the ISCIII will have the status of person in charge of the processing of personal data to which it may have access in execution of the management assignment, the provisions of the regulations for the protection of personal data and data protection being applicable to it. accordance with the provisions of the sixth section of this Agreement.
Quinta Bills
Those originated by the material management object of this entrustment will be borne by the budget of the ISCIII.
Septima Parcel tracking
A monitoring commission will be set up in order to direct, coordinate and verify the correct execution of this task, as well as to resolve incidents and doubts of interpretation that may arise. The Monitoring Commission will be made up of two representatives of the General Secretariat for Investigation and two representatives of the ISCIII. The Monitoring Commission will be chaired by one of the members designated by the General Secretariat for Investigation. The Monitoring Committee will meet in ordinary session at least once a year. Regardless of this, both parties are recognized as having the power to request the extraordinary call of a meeting of the Monitoring Committee.
Eighth Validity
1. This entrustment will become effective with its publication in the Official State Gazette and will be valid indefinitely.
2. This agreement may be modified by express agreement of the parties and following the procedures required by current regulations.
3. This management entrustment will be extinguished for the following reasons:
- a) By mutual agreement of the parties.
- b) If circumstances occur that make it impossible or unnecessary to carry out the entrusted actions.
- c) For non-compliance with the conditions set forth in this agreement, prior complaint by either party made two months prior to the date of resolution.