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Order Aaa/1745/2012, July 26, That Creates The Ministerial Committee Monitoring And Aid Coordination Of The Ministry Of Agriculture, Food And Environment And Their Public Bodies And Entities Linked Or Dependent.

Original Language Title: Orden AAA/1745/2012, de 26 de julio, por la que se crea la Comisión Ministerial de Seguimiento y Coordinación de Ayudas del Ministerio de Agricultura, Alimentación y Medio Ambiente y de sus organismos públicos y entidades vinculadas o dependientes.

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Article 31.2 of the Spanish Constitution states that public spending will make an equitable allocation of public resources and its programming and implementation will respond to the criteria of efficiency and economy. On the other hand, the recently amended Article 135 of the Constitution provides that all public administrations will adapt their actions to the principle of budgetary stability.

Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability, points out in its articles 3 and following the principles that must govern the public economic activity, among which the budgetary stability, financial sustainability, transparency or efficiency in the allocation and use of public resources.

In particular, Article 7 states that public expenditure policies must be framed within a framework of multiannual planning and programming and budgeting, in the light of the economic situation, the policy objectives (a) the principles of budgetary stability and financial sustainability and the implementation of public resources management oriented towards efficiency, efficiency, the economy and quality, to the end of which they will be implemented, policies to rationalise expenditure and improve the management of the public sector. Consequently, any public action affecting public expenditure present or future will have to assess its impact and effects and be strictly subject to compliance with the requirements of the principles of budgetary stability and financial sustainability.

For its part, Law 38/2003 of 17 November, General of Grants, points out, in its explanatory statement, that an important part of the financial activity of the public sector is channelled through grants, with the object to respond, with financial support measures, to the social and economic demands of individuals and public or private entities. Article 8.3 of the Treaty sets out the general principles for the management of grants:

a) Advertising, transparency, concurrency, objectivity, equality and non-discrimination.

b) Effectiveness in meeting the objectives set by the granting administration.

c) Efficiency in the allocation and use of public resources.

For this purpose, the Ministerial Committee for the Monitoring and Coordination of Aid of the Ministry of Agriculture, Food and the Environment and its public bodies and related entities is hereby established. The Committee on the European Parliament, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions and the Committee of the Regions of the European Parliament, and the Committee of the Regions of the European Parliament. the public expenditure and the guarantee of budgetary stability, including the managed grants.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Establishment and membership of the Ministerial Monitoring and Coordination Committee on Aid.

The Ministerial Monitoring and Coordination Committee of the Ministry of Agriculture, Food and the Environment and its public bodies, attached to the Secretariat of the Department, is hereby established as a collegiate body. in order to ensure the best policy for the promotion of the Department and its public bodies, in accordance with the provisions of Articles 22 et seq. of Law 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure, and in Articles 38 et seq. of Law 6/1997, of 14 April, Organization and Functioning of the General Administration of the State.

Article 2. Scope of action.

The Commission shall carry out its duties in respect of all the activities of the promotion of any organs of the Ministry and of public entities and bodies linked to or dependent on the Department.

Article 3. Composition.

1. The Commission shall have the following composition:

a) President: Undersecretary of Agriculture, Food and Environment.

b) Vice President: General Manager of Services.

c) Secretary: The person appointed by the Deputy Secretary-General, who shall have the rank of deputy director-general, with voice and vote.

d) Vocals:

1. The Technical Secretary-General and, by supply, the Deputy Director-General who is appointed.

2. A representative appointed by the Undersecretary and another by each of the directors-general and presidents or directors of public bodies in the department that grant grants, which must, in all cases, be rank, at least, of deputy general manager or assimilated.

3. The Head of the Budget Office or the Deputy Deputy Director-General.

4. The State Attorney in the department.

2. The Commission may request the advice of the technicians of the Ministry or of its public bodies or entities whose contribution may be of interest to the Commission, in the light of the nature and characteristics of the documentation it may provide. examination. They will participate in a voice and without a vote in the sessions to which they are called.

Article 4. Functions.

The following are the functions of the Commission:

a) Report, on a prior basis, the Department's Strategic Grant Plan or its public bodies provided for in Article 8.1 of Law 38/2003 of 17 November, General Grants.

b) Inform, on a prior basis, the opportunity for any grant project in direct concession.

c) Inform, on the basis of prior information, the opportunity for any project of a competitive competition grant basis.

d) Inform, on a prior basis, the opportunity for any scholarship project to be awarded by Department funds.

(e) Evaluate the adequacy of the eligible calls for budgetary stability policy, in particular as regards their amounts. Such assessment shall be carried out after approval and may give rise to the recommendations referred to in point (g).

(f) Track the justification, drawback and sanction, if any, of the grants awarded, without prejudice to the powers of the granting bodies and the Delegation's Delegation to the Department; and issue recommendations to them, if any.

g) Issue annual report on grants awarded by the Department and its contribution to budgetary stability and the principles set out in Article 8.3 of Law 38/2003 of 17 November, formulating, in its Case, the appropriate recommendations to the senior organs and managers of the department for their improvement.

(h) To report on the proposal for a Sectoral Conference agreement to be adopted in the territorialized grants and to monitor it.

i) Be informed about the verification carried out by the management centres of the justification that the Autonomous Communities present in the execution of the transferred credits.

j) Rate the "de minimis" aids that are adopted in the Department.

k) Propose the general reordering of aid of any kind granted with Department funds.

l) Report on how many public aid issues are subject to the president.

Article 5. Operating system.

1. The Commission shall meet at least once a year, provided that it is convened by its President.

2. The Commission shall be considered validly constituted when half of its members are present, in addition to the President and Registrar, or to whom they plan.

3. Without prejudice to the holding of such face-to-face meetings, in accordance with the authorization contained in the additional provision of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, it is authorized the Commission to carry out the tasks assigned to it by electronic means, by means of written and non-face-to-face voting. In this case, it shall be forwarded to all the members of the Commission by electronic means and within a maximum of seven days after receiving the request for a report, the item or items of the day to be discussed and the relevant documentation, giving a minimum period of time. Seven days and a maximum of fifteen days for them to manifest on the same path, their position, will, or opinion.

In the minutes that will be raised for the record of these meetings, the communications that have taken place, both for the convocation and for the deliberations and the adoption of decisions, will be incorporated. The electronic procedure shall be the ordinary procedure, without prejudice to the annual meeting, to be in person, or in the event that the Commission evaluates a project of a Strategic Grant Plan of the Department or its agencies.

4. The agreements shall be adopted by a majority of the members. In the event of a tie, the president's vote shall be settled.

Single additional disposition. Public expenditure.

1. The operation of this Commission will not entail any increase in public expenditure, in accordance with the Department's personal and material resources.

2. Its members shall not receive any remuneration or diet for the performance of their duties.

Final disposition first. Legal regime.

The legal system and action of the Commission shall be adjusted, as not provided for in this order, to the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 and Chapter IV of Title II of Law 6/1997, April 14 of the organization and operation of the General Administration of the State.

Final disposition second. Constitution.

The Commission shall be formally constituted within one month of the entry into force of this order.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 26, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.