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Royal Decree 985/2015, On 30 October, Which Regulates A Direct Subsidy To The Autonomous Community Of The Canaries For The Execution Of Actions In Support Of The Tourism Sector In The Framework Of The Plan Of Competitiveness Of The Canary Islands Tourism.

Original Language Title: Real Decreto 985/2015, de 30 de octubre, por el que se regula una subvención directa a la Comunidad Autónoma de Canarias para la ejecución de actuaciones de apoyo al sector turístico en el marco del Plan de Competitividad del Turismo Canario.

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TEXT

The tourist activity in the Canary Islands is essential for the economic and social development of the region, therefore it is necessary to act to avoid the loss of the competitiveness of the sector and to ensure the economic, social and environmental of the tourism model.

The arrival of tourists to the Canary Islands is going back after a few years in crisis, but the profile of the tourist visiting us and his way of organizing the trip has changed in a substantial way. This is a more independent traveler, who personally organizes his/her journey, expert, who compares before deciding his/her destination, and demanding, which requires a series of quality services and infrastructures.

The Government of the Autonomous Community of the Canary Islands and the Ministry of Industry Energy and Tourism have agreed to promote a competitiveness plan worth 6 million euros, financed at 50 percent, focused on the increase of the Tourist competitiveness in the Canary Islands. Within the framework of this Plan, investments are planned for the conversion of mature tourist destinations with the aim of improving the tourist competitiveness of the Canary Islands and its economic, social and environmental sustainability. To do this, the following types of actions will be performed:

On the one hand, actions in the field of reconversion of mature destinations, which will pursue the adaptation of the spaces and public areas of tourist use to the new demands of the tourists, priming the creation of spaces efficient, accessible, aesthetic and in line with the environmental environment.

On the other hand, actions aimed at improving infrastructure relevant to the provision of basic services for tourists and residents (sanitation, supply, collection of stormuses, etc.).

And finally, actions for the tourism of existing resources (historical buildings, green areas, etc.).

In order to guarantee the quality of the destinations, the companies and tourist destinations will be equipped with proven instruments for the optimal internal management of the "Spanish Tourist Quality System" developed by the General Administration. the State, in order to contribute to the reduction of its operating costs and to the improvement of the quality/price ratio of the goods and services offered to its customers. Ultimately, such improvements will entrench the financial sustainability of businesses and the loyalty of their customers.

For all of this, with exceptional character and understanding that there are reasons of public and social interest that justify it, the State has an interest in collaborating, through the Ministry of Industry Energy and Tourism, in financing The Commission will be able to take action in the context of the Canarian Tourism Competitiveness Plan through the direct grant of a grant. The granting of subsidies of this nature is understood to be between the functions which the Ministry of Industry, Energy and Tourism confers on Article 10 of Royal Decree 1823/2011 of 21 December 2011, for which the departments are restructured. ministerial.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, prior to the report of the Ministry of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of October 30, 2015,

DISPONGO:

Article 1. Object.

1. This royal decree is intended to regulate the direct grant of a grant to the Autonomous Community of the Canary Islands for the implementation of measures to boost tourism competitiveness in the Canary Islands, amounting to three million (EUR 3,000,000), as provided for in Article 22.2.c) of Law 38/2003 of 17 November, General of Grants, in conjunction with Article 28.2 and 3 of the same Law.

2. In particular, the grant will finance 50% of the actions set out in the Annex with these three million euros.

Article 2. Funding.

1. The amount of the subsidy provided for shall be paid from the expenditure budget of the Secretary of State for Tourism for 2015, in the items which are currently provided through the appropriate budgetary modification.

2. This contribution shall be compatible with other grants, aid, revenue or resources from any government or public or private authorities, the European Union or international bodies obtaining the benefit of the same or similar purpose.

Article 3. Formalisation and payment of contributions.

1. The grant will be granted directly under the provisions of Article 22.2.c) of Law 38/2003 of 17 November, General of Grants, by means of a resolution of the Secretary of State for Tourism.

2. In accordance with Article 34.4 of Law 38/2003 of 17 November, the payment of the subsidy will be made in advance, as the necessary financing to carry out the actions under this grant. The payment of the grant shall be made without the need for a bond or guarantee between the signatory public administrations.

Article 4. Obligations of the beneficiary.

1. The entity benefiting from this grant shall be subject to the obligations laid down in Articles 13 and 14 of Law 38/2003 of 17 November, and in particular the following:

(a) Carry out the actions for which the present grant is granted, which are set out in the Annex to this royal decree, the subject of the grant being fulfilled where the beneficiary accredits the destination of the funds received for such actions.

b) Present the corresponding justification in the terms provided for in Article 5 of this royal decree.

c) Submit to the current regulations on supervision, monitoring and control of grants, as well as providing all the information required by the competent bodies.

d) To indicate in the brochures, posters and other documentation and information and promotional material used in the development of the supported actions that are carried out cofinanced by the Secretary of State of Tourism.

e) The Autonomous Community of the Canary Islands shall finance 50% of the activities of the Annex to be implemented.

2. The activities financed shall be carried out within four years of the date on which the payment of the subsidy by the Secretary of State for Tourism is made effective.

The justification period is set within one year from the day following the end of the four-year execution period referred to in the previous paragraph.

Article 5. Regime of justification.

1. The Autonomous Community of the Canary Islands must justify the performance of the measures covered by the grant governed by this royal decree, in accordance with the provisions of Article 30 of Law 38/2003 of 17 November and Article 69 and of the Regulation of the said Law, approved by Royal Decree 887/2006 of 21 July.

2. The supporting account shall contain the following documentation:

(a) A memory of the performance of the performance of the conditions imposed in the grant of the grant, with an indication of the actions taken and the results obtained.

(b) A supporting economic memory of the total cost of all the actions taken, which shall contain:

i. A classified relationship of the expenses and investments of the performance, with the identification of the creditor and the document, its amount, date of issue and date of payment.

ii. Certified photocopy of invoices or documents of equivalent probative value in the commercial legal traffic or with administrative efficiency incorporated in the relationship referred to in the preceding paragraph and the supporting documentation of the payment.

(c) A detailed list of other income or subsidies which have financed the actions supported with an indication of the amount and their provenance.

(d) The three budgets which, pursuant to the third paragraph of Article 31 of Law 38/2003 of 17 November, must have been requested by the beneficiary to contractors or suppliers of works, supplies or services.

(e) Where applicable, the repayment letter of repayment in the case of unapplied remaining, as well as the interest on arrears arising therefrom.

3. The Secretary of State for Tourism shall carry out the verification of the justification for the grant.

Article 6. Defaults and reintegrals.

1. In accordance with the provisions of Law 38/2003 of 17 November, the recovery of the amounts received and the requirement of interest for the corresponding delay shall be made, from the moment of payment of the subsidy to the time when the payment is agreed. the drawback, when any of the causes established in that Law are present.

2. They shall be the cause of the reimbursement or loss of the right to the full or partial recovery of the grant, the lack of justification or the concurrence of any of the causes provided for in Article 37 of the General Law on Subsidies.

3. In the case of partial non-compliance, the fixing of the amount to be reintegrated into the Ministry of Tourism shall be determined in accordance with the principle of proportionality and taking into account the fact that the Failure to comply closely approximates total compliance and is credited by the beneficiary entity with a performance unequivocally to the satisfaction of its commitments.

4. For reasons of justification and in order to consider partial non-compliance, it will be necessary to establish a minimum of 70% of the projects.

Article 7. Patrimonial responsibility.

If the execution of the actions resulting from the present royal decree were to result in injury in the goods and rights of the individuals, the patrimonial responsibility to which, if any, will be the place will be of the entity beneficiary.

Article 8. Dispute resolution.

The Ministry of Industry, Energy and Tourism and the Autonomous Community of the Canary Islands will resolve their disputes by mutual agreement, without prejudice to the jurisdiction of the judicial-administrative judicial order, for the knowledge of how many issues and disputes could arise.

Article 9. Applicable legal regime.

The subsidy regulated in this royal decree will be governed by Law 38/2003, of 17 November, General of Grants, by Royal Decree 887/2006, of 21 July, for which the regulation of the aforementioned law is approved, as well as for the This royal decree in the previous articles and other rules of administrative law that are applicable.

Single additional disposition. No increase in public spending.

The measures included in this rule will not result in any increase in public expenditure and, in particular, from remuneration or other personnel costs.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State the competence to lay the foundations and coordination of the general planning of the activity. economic.

Final disposition second. Development and execution faculties.

The Minister of Industry, Energy and Tourism is empowered to adopt the provisions in the field of their competences and to carry out the necessary actions for the development and implementation of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 30, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

ANNEX

Performances to finance

The Iron

Work

Budget

Development of the Director-Tourism Plan the Dehesa Historical Reserve (Border)

250,000.00 €

La Gomera

Work

Budget

Plan Director of the Christ Mirator (San Sebastian de La Gomera)

300,000.00 €

Fuerteventura

Work

Budget

Promenade in the Great Tarajal area, Giniginamar (Tuineje) and Costa Calma (Paje); and Tuineje Core Recovery and Dynamisation Plan

900.000.00 €

La Palma

Work

Budget

Volcanic Tube Interpretation Center the Cueva de Las Palomas (Los Llanos de Aridane)

350,000.00 €

Lanzarote

Work

Budget

Bike Lane Project (Lanzarote)

1,050,000.00 €

Tenerife

Work

Budget

perpendicular pedestrian intervention Ernesto Sarti and Avda. of Spain. Sector 3. Adeje, Tenerife

697.801.00 €

and conditioning the Anexa Plaza to C. Mexico. Arona, Tenerife

618,800,00 €

and conditioning the streets Nieves Ravelo, Dr. Ingran and Blanco. Puerto de la Cruz, Tenerife

183.399.00 €

Improvement and conditioning of the C. Flower of Easter and nearby. Santiago del Teide, Tenerife

150.000.00 €

Gran Canaria

Work

Budget

Museum of Water and Sugar. Commissioning (Ingenio)

162,000.00 €

Intervention in the Recreational Area of The Huertecillas (Firgas)

126.648, 19 €

pedestrian road signage (Firgas)

15,000.00 €

Mupi-Interactive Information Point in Urban Cascade (Firgas)

20,000.00 €

Arucas Tourist Signalling Plan

88,857.42 €

250,000.00 €

and Equipment Home of The Sall (Telde)

150.000.00 €

Improvement of Plutvials in Avda. Provisional Alferments (S.B. de Tirajana)

687,494,39 €