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DECREE 221/2003, dated 30 September, which regulates grants for specialists in the area of foreign relations and Basque Centers and Communities overseas.


The General Secretariat for Overseas Affairs is the body that assists the Basque President in defining and directing the Basque Autonomous Community's political and institutional policies with regard to foreign affairs. The Secretariat is responsible for the planning, support and coordination of the Government's presence abroad, developing, among other matters, its duties in the area of relations with Basque Communities.


Official Basque Offices, attached to the General Secretariat for Overseas Affairs, have recently been opened in several Latin American countries, namely Mexico, Argentina, Chile and Venezuela. Similarly, a Basque Government Office has also been opened in Madrid.


As a result of the beginning of a new phase of relations with the above-mentioned countries and with the network of 130 officially recognized Basque Centers, and for the purpose of promoting specialization and training among young Basque men and women in the areas stated above, the present grants are regulated and awarded on a yearly basis.


By virtue of the above, and pursuant to the provisions laid down in Decree 27/2002 dated 29 January, which establishes the organic and functional structure of the Government Presidency-Lehendakaritza, on a proposal from the Presidency and following approval by the Basque Cabinet of Ministers in a session held on 30 September 2003,


I STIPULATE:


Article 1.– Objective.


1.– The objective of this Decree is to regulate grants aimed at promoting the specialization and training of people in the area of foreign relations and with Basque centers and communities overseas.


2.– The specialization and training of grantholders may be carried out in the Basque Country or in any of the Basque Government Offices overseas, according to the conditions laid down in each call for candidates.


Article 2.– Call for candidates and grant period.


1.– The grant program will be announced on a yearly basis through a Directive from the Secretary of the Presidency. The Directive will state the purpose for the call for candidates, the number of grants available, where each of the programs will take place, individual grant amounts and payment schedules, and where and when applications must be submitted.


2.– The grants are awarded for a period of twelve months, extendable to twenty-four months.


Article 3.– Extension.


1.– Grantholders may request an extension two months before termination of the grant period.


2.– Extension requests should be submitted to the General Secretariat for Overseas Affairs, and should include a detailed report on the activities carried out during the training period and the reasons for continuing.


3.– Where appropriate, the Selection Commission set forth in article 7 shall propose the grant extension to the adjudication body.


Article 4.– Beneficiaries.


1.– In order to qualify for the grants regulated by this Decree, candidates must satisfy the following requirements:


a) Have legal residence established in the Basque Autonomous Community prior to 1 January of the year of the call for candidates, or be a member of an officially recognized Basque Center.


b) Hold a Bachelor's degree.


c) Be thirty years of age or younger.


d) Not have received grants of the same or similar nature funded by the General Budget of the Basque Autonomous Community.


2.– The adjudication and use of a grant constitutes no contractual, employment or statutory relationship between the grantholder and the Administration of the Basque Autonomous Community.


3.– Adjudication and, where appropriate, payment of grants to recipients shall be contingent upon the termination of any reimbursement or disciplinary proceedings which, initiated in the framework of grants or subsidies of the same nature awarded by the General Administration of the Basque Autonomous Community and its autonomous bodies, are still pending.


Article 5.–Applications.


Subsidy applications must be submitted to the General Secretariat for Overseas Affairs in the time frame and as stipulated in the Directive to call for candidates. The following documents shall be included:


a) Photocopy of National Identity Card. Members of Basque Centers shall provide a passport.


b) Certification of fulfillment of requirements stipulated in article 4, letters a) and b).


c) Curriculum vitae, including academic record.


d) Certificates of studies completed and practical experience of special relevance to the grant in question. Any studies meant to be counted as merits must be official and have academic validity. Candidates unable to produce certificates proving written and spoken fluency in the languages taken into account for assessment purposes under article 8 will be required to pass the pertinent language tests.


e) Copy of candidate's papers or published materials.


f) One passport size photograph.


g) Sworn declaration attesting that the applicant has not received grants of the same or similar nature funded by the General Budget of the Basque Autonomous Community.


Article 6.– Correction of submitted application forms.


1.– In the event that the submitted form is incorrectly completed or any documents are missing, the General Secretariat for Overseas Affairs will notify the applicant, who then has ten working days in which to submit a corrected version.


2.– If a corrected version is not received within ten days, counting from the day after notification, the petition will be deemed invalid in accordance with the terms stipulated in article 42 of the Legal System of the Public Administration and Common Administrative Procedure.


Article 7.– Selection Commission.


1.– Merits will be evaluated by a commission made up of the following members:


a) The Secretary General of Overseas Affairs, acting as Chairman.


b) The Director of Relations with the Basque Communities, or someone appointed by him/her.


c) The Director of the Department of Foreign Relations, or someone appointed by him/her.


g) A senior technical specialist affiliated with the General Secretariat for Overseas Affairs, who shall carry out the duties of secretary,  with the right to speak but not to vote.


2.– If considered necessary, the Selection Commission may interview candidates to gain further information about their educational background.


3.– Where applicable, the Selection Commission may be assisted by specialists, who shall take part in the Commission, with the right to speak but not to vote.


4.– Approval of any agreement adopted by the Commission shall require an absolute majority vote by its members.


Article 8.– Assessment and adjudication criteria.


1.– Grants will be awarded on a competition basis. For this purpose, for each call for candidates, grants will be awarded on the basis of comparison between applicants according to previously defined assessment criteria. Successful candidates will have scored at least 50 points and obtained the highest ratings based on the above-mentioned criteria, until all available grants are adjudicated.


2.– Assessment criteria and weighting will be based on the following:


a) Academic record, in particular any postgraduate studies in progress, bearing in mind that preference is placed on candidates still in the training stage. (15 points)


b) Foreign language written and spoken fluency, particularly French and English. (15 points)


c) Professional experience and research activities. (10 points)


d) Sufficient knowledge of current international events. (15 points)


e) Sufficient knowledge of the history of Basque Centers. (15 points)


f) Knowledge of Euskara (15 points)


g) Candidate's suitability for the specific grant program based on his/her academic and professional profile. (15 points)


3.– For the purpose of evaluating the criteria defined above, the Selection Commission may conduct the pertinent tests.


Article 9.– Incompatibility.


These grants are incompatible with other grants or subsidies, and with any remunerated work; exception may be granted by the General Secretariat for Overseas Affairs for research, teaching or self-employment activities.


Article 10.– Adjudication.


1.– Based on the assessment procedure, the Selection Commission will submit its adjudication proposal to the Secretary of the Presidency.


2.– The Selection Commission will also propose one reserve candidate for every grant awarded, provided that such candidates scored a minimum of 50 points in the selection phase, to cover any renouncements or other contingencies.


3.– The competition may be declared void if there are no candidates or if none of the candidates attain the minimum required score.


 Article 11.–  Directive.


The Selection Commission will compile the adjudication proposal and submit it to the Secretary of the Presidency, who will in turn compile an Adjudication Directive. The Directive, having passed through the corresponding administrative channels, will name the successful candidates and replacement candidates, where applicable, or declare void any grants lacking suitable candidates.


Candidates will be personally notified of the Decree, which will be published for general information in the Basque Country Official Gazette.


The Adjudication Directive shall be compiled and notified within six months from publication of the annual call for grant applications.


If at the end of the six-month period candidates have not received notification, they should assume that their applications have been unsuccessful.


Article 12.–Renouncement.


In the event that a beneficiary renounces a grant after it has been awarded, he/she shall forfeit the right to receive funding for the period of time renounced. Consequently, the renouncing party shall repay any advance payments received.


The replacement candidate shall benefit from the activities and funding corresponding to the remaining grant period.


Article 13.– Obligations of the grantholder.


a) Submission of the grant application implies acceptance of the provisions of this Decree and the annual Directive to call for candidates.


b) Accept the grant. If the grant has not been expressly renounced in writing within fifteen days of the date of notification to the beneficiary, it shall be understood that the grant has been accepted.


c) Participate in research projects of the General Secretariat for Overseas Affairs.


d) Attend, where applicable, conferences, courses, workshops, seminars and events directly related to the area of research on proposal from the General Secretariat for Overseas Affairs. The General Secretariat for Overseas Affairs will cover any expenses incurred by the grantholder for registration, travel, meals and accommodation. At the end of the experience, the grantholder will write up a detailed report on the issues studied, concerns raised, potential solutions and, in general, all aspects of interest related to the subject.


c) Employ the grant for the specific purpose for which it was awarded.


d) Provide the Economic Office and Basque Court of Auditors with all required information regarding grants awarded during the current year.


Article 14.– Managing body.


The management of these grants is the responsibility of the General Secretariat for Overseas Affairs. Therefore, the activities of grantholders will be supervised by this General Secretariat.


Article 15.– Amount of grants and method of payment.


The amount stipulated for each of the grants is established in the annual Directive to call for candidates. The amount is intended mainly to cover beneficiaries' regular room and board expenses and is determined taking into account the standard of living.


The specific method of grant payment will be determined in the Directive to call for candidates; advance installments may be envisaged for no more than fifty per cent (50%) of the full grant amount.


Article 16.–  Failure to comply.


Failure to comply with the conditions under which the grants were awarded, in compliance with the provisions of Law 7/1997, dated 19 June and Decree 698/1991, dated 17 December, will result in the demand for repayment of the amount conferred to date plus accrued interest to the Basque Internal Revenue Service.


Article 17.– Certification.


At the end of the grant period the General Secretariat for Overseas Affairs will issue beneficiaries a document demonstrating their participation in the program. Similarly, grantholder will be issued a detailed certificate indicating the different activities carried out.


Article 18.–Insurance.


The Administration of the Basque Autonomous Community will issue beneficiaries an accident insurance policy covering death and total or partial disability, and a civil liability policy covering any damages to third parties caused by grantholders


FINAL PROVISIONS


One.– Any matters not provided for in this Decree shall be subject to the provisions laid down in Law 30/1992, dated 26 November, on the Public Administration Legal System and Common Administrative Procedure.


Two.– This Decree will come into effect the same day it is published in the Basque Country Official Gazette.


Vitoria-Gasteiz, 30th of September 2003.


The Basque President

JUAN JOSÉ IBARRETXE MARKUARTU.