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Corresponds to the Government, in accordance with the provisions of Article 149.1.2ª of the Constitution, the definition, planning, regulation and development of immigration policy, without prejudice to the powers that may be assumed by the Autonomous Communities and the Local Entities.

Article 8 of Royal Decree 343/2012, of 10 February, for which the basic organic structure of the Ministry of Employment and Social Security is developed, establishes that it is for the General Secretariat of Immigration and Migration to develop government policy on foreign, immigration and migration issues.

For the development of this policy, Article 9 of the aforementioned Royal Decree assigns to the Directorate General of Migration, a management body dependent on this General Secretariat, among other functions, the concertation of actions of promotion of the integration of immigrants, asylum seekers, refugees, stateless persons and persons under the temporary protection regime and other subsidiary protection statutes, as well as the management of grants for the programmes for the work, social, civic and cultural promotion of these groups, with others ministerial departments, Autonomous Communities, local authorities and public or private entities, and the promotion of innovative programmes in the field of reception and integration in the local environment.

Within the framework of institutional cooperation demanded by immigration policy, we must highlight the important role that the local administration has been taking in terms of the reception, attention and integration of the immigrants, trying to respond to the demands put forward by a collective that goes to municipal services as the first path of access to public services.

In this sense, article 25 of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, establishes that the municipality, for the management of its interests and in the field of its competences, can promote all kinds of activities and how many public services contribute to meeting the needs and aspirations of the neighbourhood community by exercising, in any case, competences in the field of social service provision and promotion and social reintegration, cultural, sports and leisure activities, as well as participation in the management of the primary health care and in the programming of teaching, among other topics.

Also, in Article 28 of the aforementioned Law 7/1985, of April 2, the power of the municipalities is established to carry out activities complementary to the own of other public administrations and in particular, those relating to education, culture, the promotion of women, housing, health and the protection of the environment.

On the other hand, to carry out these functions, Article 61 of the Royal Decree of Law 781/1986, of 18 April, approving the Recast Text of the legal provisions in force in the field of Local Regime, orders to the State Administration to collaborate "with the Local Entities in the terms and for the purposes provided for in Law 7/1985, of April 2". To this end the rule provides in Article 63 as a form of collaboration for financial support "through grants included in the State General Budget".

The role of municipalities is key in the process of integration of immigrants, as stated in the Law of the Organization of the European Union (Law of the Organization of the European Union) 4/2000, of the rights and freedoms of foreigners in Spain and their social integration. In short, it is in the local environment where integration materializes and where the problems and needs of the immigrant group are manifested, hence their potential as a means to identify, rehearse and implement actions. innovative ones that can be moved to other environments.

For the achievement of these purposes the General Budget of the State will indicate the appropriate appropriations. To this end, the European Fund for the Integration of third-country nationals, set up by Council Decision 2007 /435/EC of 25 June, as a specific instrument intended to contribute to the integration of third countries, is also provided for. national efforts to facilitate the integration into the Spanish society of third-country nationals with diverse social, economic, cultural, religious, linguistic and ethnic backgrounds.

Article 17.1 of Law 38/2003 of 17 November, General of Grants, provides that the Ministers shall establish the appropriate regulatory bases for the grant of grants.

In its virtue, prior to the report of the State Advocate, of the Delegate Intervention of the General Intervention of the State Administration in the department and after the approval of the Minister of Finance and Public Administration, Available:

Article 1. Scope and object scope.

1. This order establishes the regulatory bases for the granting of public subsidies to Municipalities, Mancommunities of Municipalities and Comarcas in the field of competencies of the General Secretariat of Immigration and Emigration, of the Ministry of Employment and Social Security.

2. The purpose of these grants is to carry out innovative programs aimed at promoting the integration of immigrants and the coexistence of citizens that promote the management of diversity. For these purposes, it is understood that those programmes whose actions include all or some of the following considerations are innovative:

a) Promote actions and devices for positive management of diversity, including care for people regrouped or groups with specific or vulnerable needs.

b) Introduce new work methodologies, or improve existing methodologies, in order to implement social intervention actions and devices.

c) Favor equality between men and women.

d) Promote the development of joint activities between the immigrant population and the Spanish population.

3. The programmes shall have quality criteria, monitoring and evaluation indicators.

Article 2. Concession procedure.

The procedure for granting the subsidies regulated in this order will be dealt with under competitive competition and will be initiated ex officio by means of a resolution approved by the head of the Directorate General for Migration, in accordance with the provisions of Articles 22.1 and 23.2 of Law 38/2003 of 17 November, General of Grants.

Article 3. Calls.

1. The corresponding grant calls shall be made in accordance with the principles of publicity, transparency, objectivity, equality and non-discrimination.

2. The calls shall determine the budgetary appropriations to which the corresponding grants are to be charged, making express reference to those grants co-financed by the Funds of the European Union and shall contain the programmes. eligible, their requirements, priorities and requirements.

3. Calls may, in addition to the maximum total amount, be set within the available appropriations, an additional amount, which shall not require new calls, where funding is provided for previous calls, or for generations. or credit additions, provided that such additional financing is obtained prior to the granting resolution.

4. The resolutions on which the corresponding calls are formalised shall contain the description of the logo of the convening body and, where appropriate, of the European Union.

5. If, once the grants have been awarded, credit remains, new calls may be made.

Article 4. Beneficiaries.

1. They may access the condition of beneficiaries of the subsidies regulated in this order, those Municipalities, Mancommunities of Municipalities and Comarcas that meet the following requirements:

(a) Credit a number of registered persons and the percentage of non-Community foreigners equal to or higher than that set forth in the corresponding Call Resolution, according to the official INE data.

b) Carry out co-financing for the programme or activity to be carried out, the percentage of which shall be defined in the relevant call resolution which, in the case of co-financing by the European Union, may not be less than the minimum established by the applicable Community legislation.

(c) Not having to reintegrate more than 40% of the aid and grants received in any of the last five calls as a result of having been instructed by the General Secretariat of the Immigration and Emigration or the former Secretary of State for Immigration and Emigration.

2. Entities in which one of the circumstances contained in Article 13 (2) and (3) of Law 38/2003 of 17 November, General of Grants, is present.

Article 5. Competent bodies for the management, instruction and resolution of the procedure.

1. The authority responsible for the planning and instruction of the procedure is the General Subdirectorate for the Integration of Immigrants from the General Directorate of Migration.

2. According to the provisions of Article 24 of Law 38/2003 of 17 November, General of Grants, it is up to the Subdirectorate General of Integration of Immigrants to make as many actions as it deems necessary for the determination, knowledge and verification of the data by virtue of which the motion for a resolution is to be adopted. In particular, it shall have the following privileges:

a) Request how many reports it deems necessary to resolve and those required by the rules governing the grant.

(b) Evaluate applications in accordance with the assessment criteria set out in Article 9 of this order, as well as verify compliance with the requirements to acquire the status of beneficiary collected in the Article 4.

c) Issuing the actions to the Evaluation Commission.

d) Form a motion for a resolution, once the report of the Evaluation Committee has been received.

3. The Evaluation Commission is the collegiate body referred to in Article 22.1 of Law 38/2003 of 17 November, General of Grants and will carry out its duties in the Directorate General of Migration that will appoint the persons who constitute.

The Evaluation Commission will issue a report to the head of the General Subdirectorate of Integration of Immigrants, as an instructor, in which the result of the evaluation is completed.

The Evaluation Commission will consist of:

(a) President: Holder of the Deputy General Secretariat for Integration of Immigrants or a person who, if necessary, replaces him.

b) Secretary: An official of the General Subdirectorate of Integration of Immigrants, designated by the holder of the same.

c) Vocals: Three officials of the Subdirectorate General for Integration of Immigrants, appointed by the holder of the same.

(d) When the President deems it necessary, officials of the Department's management bodies with competence in the areas to which the assessment carried out may be involved may be incorporated into the Commission, with a voice, but without a vote.

As not provided for in this order, the functioning of the collegiate body shall be in accordance with the arrangements laid down for the bodies governed by Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure.

4. Body responsible for the resolution: The decision-making body shall be the holder of the Directorate-General for Migration, by delegation of the Minister, pursuant to Article 7.1 of the ESS/619/2012 Order of 22 March 2001. The delegation of powers to the bodies of the Ministry of Employment and Social Security and its Public Bodies are delegated and approved.

Article 6. Request, memory, program budget, documentation, and error-healing.

1. Request.

a) Model and submission of requests. Grant applications shall be formalised in the standard application model which shall be listed as Annex I to the Convocation Resolutions, and all programmes for which the same entity applies for a grant shall be related in the same model. as well as the amount requested for each of the programs. Such a request shall be made by the person who has the legal representation of the institution or has sufficient evidence to do so.

Applications will be directed to the Directorate General for Migration and may be submitted in any of the registers and offices provided for in Article 38.4 of Law 30/1992 of 26 November of the Legal Regime of the Public administrations and the Common Administrative Procedure.

(b) Deadline for submission: The deadline for submission shall be 20 working days from the day following that of the publication of the corresponding call resolutions in the Official Gazette of the State.

2. Programs ' memories and budget.

(a) The application must be accompanied by an explanatory memorandum for each of the programmes for which the grant is requested. Such memories shall be formalised in the model to be attached as Annex II to the Convocation Resolutions.

b) Budget of the programmes presented: the detailed budget of the activities to be carried out should be reflected in the memory of each of the programmes.

3. Documentation. Together with the application and explanatory notes, the following documentation must be attached, which must be original or duly certified copy:

(a) Proof of the identity of the person acting in the name and on behalf of the applicant and the relevant, sufficient and remaining power to act in the name and representation of the applicant legal person (or rule that attributes that competence). Where appropriate, the consent of the data subject so that such data can be consulted by an Identity Data Verification System.

b) Document issued for constancy by the Tax Administration duly updated to accredit the tax identification number of the requesting entity.

(c) Certifications issued by the Secretary of the local authority or official who exercises the functions of public faith, on the following aspects:

1. The grant application agreement, adopted by the competent body, with an indication of the amount requested and the percentage representing the total cost of the programme.

2. º Credit Enablement Commitment to finance the amount of the program on the part to be co-financed by the local entity.

3. º Accreditation of the number of registered persons and the percentage of non-Community foreigners in the Municipality or Municipalities integrated in the Commonwealth, in the Comarca or those other Local Entities that are determined in each (a) a call for a decision, as referred to in Article 4.1. a) of this order.

4. The accreditation of such grants, aid, income or resources, for the same purpose, from other public or private administrations or entities, national, European Union or international bodies.

5. The affidavit that they have not applied for or received aid for the same innovative program, from the collaboration agreements signed between this Ministry and the Autonomous Communities or the cities of Ceuta and Melilla, or incompatible aid in accordance with Community legislation.

6. Accreditation of the fulfilment of the tax obligations and the social security, through certification or, where appropriate, statement responsible for not being obliged to them, or authorization for the granting organ obtain it directly, as set out in Article 22 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006 of 21 July.

For these purposes, these certifications shall be valid for six months from the date of issue.

7. th Statement responsible for the requesting entity being current in the payment of repayment obligations in accordance with the provisions of Article 25 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, dated 21 July.

8. º Statement responsible for the applicant's failure to obtain the status of beneficiary of grants provided for in Article 13 (2) and (3) of Law 38/2003 of 17 November, General Grant.

9. Aquella which is expressly determined in the corresponding Call Resolution, in relation to the purposes and nature of the eligible programmes.

d) The verification of the existence of data not adjusted to the reality, both in the application and in the reports or in the documentation provided, may result, depending on its importance, the refusal of the grant requested, without prejudice to the responsibilities that may arise from such action.

4. In accordance with the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data, the application involves the authorisation of the applicant to treat them automatically and to give them for evaluation purposes, monitoring and control, the evaluating body and the Community and national control bodies.

5. Error correction: if the grant application did not meet the identification data, both of the grant requested and of the requesting entity and/or any of those provided for in Article 70 of Law 30/1992, of 26 November, require the local requesting entity, in accordance with Article 71.1 of that Law, to ensure that, within 10 working days, the fault or the accompanying documents are remedied, indicating that if they do not do so, they shall be required to do so; shall be given the withdrawal of its request, subject to notification of the decision to be taken in the terms provided for in Article 42 of the same Law.

Without prejudice to the foregoing, at any time, the requesting entity may be urged to complete the necessary requirements for a properly completed procedure, as provided for in Article 76 of the Law. 30/1992, of 26 November, granting to that effect a period of ten working days from the day following that of the notification, with an express warning that, if not so, it may be declared decayed in its right to such a procedure. However, the action of the person concerned shall be admissible and shall produce its legal effects, if it occurs before or within the day on which the decision on the expiry of the period is notified.

Article 7. Eligible costs

1. The costs identified in the grant application may be eligible if they meet the following requirements:

(a) correspond to the nature of the actions to be awarded in accordance with the provisions of Article 1 of this Order and the corresponding call for grants.

b) are required to perform project activities.

(c) are reasonable and comply with the principles of sound financial management, cost effectiveness and cost effectiveness.

2. For categories, eligible costs shall be classified in direct and indirect. The direct, in turn, may be: personnel, travel and subsistence, rental and leasing of equipment, rental of real estate, consumer goods, supplies and general services, those generated by subcontracting prior authorisation, fees from experts on non-recurring and specific tasks or requiring a high degree of expert knowledge, as well as other costs to be established in the rules of eligibility of European Fund expenditure for the Integration of Third-Country Nationals for the programmes co-financed by the Background.

To this effect, they will take into account that the costs attributable to the grant are subject to the following limitations:

(a) The remuneration of the labour force under the subsidised programme may only be the subject of a subsidy up to the amount of the remuneration fixed for the relevant professional groups in the Single Collective Agreement in force for the staff of the General Administration of the State.

For days less than forty hours the proportional calculation will be performed.

In no case will it be imputable as eligible expenditure of the workforce during periods of absence or illness.

(b) The remuneration of staff employed under the service lease scheme, which shall be of exceptional character, shall be permitted only in cases where, by virtue of the special characteristics of the action, the development of the specific activities in question by the staff subject to the current labour law is not appropriate. These remuneration will also be affected, as a general rule, by the limitations set out in the previous paragraph, with exceptions to those limitations, due to the nature of the activity, in the instructions of justification to be given for this purpose by the Directorate-General for Migration.

(c) Travel allowances and travel expenses may be the subject of a grant in the amounts fixed for Group 2 by Royal Decree 462/2002 of 24 May on compensation for the service, provided they do not exceed 3%. of the total subsidised amount of the programme, except where, in the light of the nature of the programme and upon request sufficiently justified, in accordance with the procedure laid down in Article 14 of this order, a different percentage is authorised, may not exceed 7% of the grant awarded.

(d) In the case of the charging of official or official staff costs, it is necessary to present a certificate of the competent service of the entity in which the activities of the project assigned to them are collected and their functions or tasks, performance time, and cost calculation criteria.

(e) The indirect costs shall be encrypted in the relevant call, without exceeding 8% of the total direct costs attributable to the subsidised programme, except for the applicable Community rules, in its case, a different percentage is set. The percentage to be applied shall necessarily be included in the budget as reflected in the description document of the programme accompanying the grant application.

3. The following costs will not be eligible:

(a) VAT, except where the beneficiary justifies that it cannot be deducted by the presentation of the relevant certificate;

b) Capital flows, debtor interest, exchange fees, exchange losses, loss or future debt provisions, interest owed, claims of doubtful recovery, fines, financial penalties, litigation expenses, and excessive and reckless expenses;

(c) Representation expenses exclusively for project staff; reasonable reception costs are allowed for social events justified by the project such as an event at the end of the project or meetings of the project project management team;

(d) Costs declared by the beneficiary and covered by another project or work programme receiving a Community grant;

e) Purchase of land, and purchase, construction and renovation/reformation of real estate;

f) Cost of officials and fixed staff who contribute to the implementation of the project by performing tasks that are part of their usual work, unless the certification shown in the paragraph 2 (d) of this Article.

g) Contributions in kind (include all goods, services and amounts of money received without compensation, may be in the form of voluntary work, making available goods and services, donations, gifts, prizes and rewards, discounts ...).

Article 8. Financing of the programmes presented.

1. The applicant institutions shall complete the paragraph referred to in the budget set out in the description of the programme accompanying the grant application for each of the programmes submitted, specifying the estimates of expenditure. which they consider necessary for the performance of the different activities carried out by the content of the programme.

The applicant entities should finance the subsidised activity with a contribution whose percentage will be defined in the corresponding Call Resolution, which may not be less than 20% of the total cost of the programme. In the case of co-financing by the European Union, it shall not be less than the minimum laid down by the applicable Community legislation.

The budget of the submitted programme shall serve as a reference for the determination of the final amount of the grant, which shall be calculated as a certain amount, remaining on behalf of the requesting entity to indicate the amount of the funding provided, until you complete the percentage you have to contribute to, and that will be defined in the corresponding Call Resolution.

2. The grants shall be compatible with other aid having the same purpose, except those received under the cooperation agreements concluded between this Ministry and the Autonomous Communities or the Cities of Ceuta and Melilla, and without prejudice to the provisions of the applicable Community legislation.

In any event, the amount of the grants awarded may be such that, in isolation or in competition with other grants or aid, it exceeds the cost of the subsidised activity.

In the event of excess funding of the received grants from different public entities in respect of the cost of the subsidised activity which are compatible with each other, the drawback of the excess will be made from Article 34 of the Regulation of the General Law on Grants, approved by Royal Decree 887/2006, of 21 July.

Article 9. Amount of subsidy.

1. The grant of the grants shall always be subject to sufficient credit in the relevant budgetary application, the volume of applications submitted and the result of the valuation obtained.

2. The amount of the subsidy shall be applied to the total cost of the programme, finally approved, the deduction of the amount which would result from the application of the co-financing rate which is expressly determined in the relevant call. The amount of the grant shall in no case exceed 80% of the total cost of the programme.

3. That amount shall not exceed the maximum eligible amount which, where appropriate, is expressly determined in the call for grants.

4. Only programmes with a total cost equal to or greater than the minimum amount expressly set out in the relevant call for grants may be submitted.

Article 10. Objective assessment criteria for the grant of the grant.

For the grant of the grant and the determination of the amount of the grant, in addition to the amount included in the corresponding budget appropriations, it will take into account the obligations under which the subsidy is paid. the same, and the limits referred to in Article 9 of this Order, the following objective assessment criteria, with their weighting:

1. Objective criteria for the assessment of the programmes submitted by the applicants:

a) Social participation and volunteering (maximum 10 points): it will be valued that the entity promotes participation and social mobilization and that it has a relevant number of volunteers for the development of its programs, Priority should be given to those who have a system for the training of volunteers and to incorporate them into the activities of the entity.

b) The innovative character: the degree of innovation of the actions and/or the methodologies envisaged will be assessed, in accordance with the definitions that are collected in the calls; the ability to respond to situations emerging issues related to the integration of immigrants and the coexistence of citizens in their territorial areas; the elements that involve participation, intercultural dialogue, awareness and interculturality; as well as the possibility of network work (maximum 30 points).

c) Content of the programme (maximum 15 points): it will be assessed that the content of the action is appropriate to the proposed objectives, the timetable for implementation, the description of the specific activities to be carried out and its suitability for the intended purpose, and the technical and material resources that are available for both the design and implementation of the actions, and in particular the qualification of the staff involved.

d) The quality of the programme (maximum 15 points): the implementation of a system of monitoring and evaluation of the activities will be assessed through the establishment of indicators to measure the degree of compliance of the objectives.

e) The adequacy of the budget to the objectives and activities of the program (maximum 15 points).

(f) Corresponsibility for the financing of the action (maximum 10 points): The actions to be co-financed by the institution itself shall be valued at a percentage higher than the minimum set by the corresponding actions. Call resolutions.

g) Cofinancing of the action: it will be taken into account that the action has been obtained or provides for the possibility of obtaining additional public or private co-financing (maximum 10 points).

h) Consideration in the planning, implementation and evaluation of programmes of aspects related to non-discrimination, equal treatment and gender, and others considered as priorities in the integration policy (maximum 10 points).

i) intra-municipal and inter-municipal coordination (maximum 10 points).

j) Programs to promote the development of joint activities between the immigrant population and the Spanish population (maximum 20 points).

2. When the entity has already been a beneficiary of grants from the General Secretariat for Immigration and Immigration (or the former Secretary of State for Immigration and Immigration) of the Ministry of Employment and Social Security, it will be assess the accuracy of the performance of the obligations incurred in respect of the grants awarded in previous calls, which are duly justified by the beneficiary and cleared by the granting body. In this way, when the compliance is not total, taking into account the type of non-compliance that has occurred, it can be stopped up to a maximum of 15 points of the total score awarded to the valued program.

Article 11. Assessment and motion for a resolution.

1. The Evaluation Committee shall, in the light of the above, issue a report setting out the results of the assessment made of all the grant applications.

2. The instructor, in the light of the dossier and the report of the Evaluation Committee, shall make the proposal for a provisional, duly substantiated, decision to be notified to the persons concerned, so that, within 10 days, they may submit claims.

It may be possible to dispense with the procedure for hearing where the proceedings are not included or take into account other facts or other arguments and evidence which are adduced by the parties concerned. In this case, the proposed resolution will have the ultimate character.

3. If the amount of the subsidy proposed in the provisional resolution is lower than the amount in the application submitted, the person concerned shall reformulate his application to adjust the commitments and conditions of the grant. This application shall respect the subject, conditions and purpose of the grant, as well as the assessment criteria established in respect of applications.

4. Examined, where appropriate, the allegations and the reformulated requests of the Subdirectorate General for Integration of Immigrants will formulate the proposal for a definitive resolution to the Directorate General of Migration. This proposal shall contain the list of applicants for which the aid is proposed and its amount, specifying the outcome of the assessment carried out and the assessment criteria followed for carrying out the aid and an orderly relationship. of all applications fulfilling the requirements have not been estimated to exceed the maximum amount.

Article 12. Resolution.

1. Once the proposal for a final resolution has been adopted, it will be submitted to the holder of the Directorate-General for Migration, so that, after the audit of the files, the decision of the concession procedure will be adopted within 15 days from the date of the adoption. date of elevation of the motion for a resolution.

The resolution will agree on both the granting of the grants and the dismissal and the non-grant of withdrawal, waiver of the right or material overcome, including an orderly relationship of all the Applications fulfilling the requirements have not been estimated to exceed the maximum amount.

Such a resolution may authorise, where appropriate, the subcontracting that the beneficiary would have provided for in his application.

2. The resolutions shall be reasoned, and in any event the basis of the resolution to be adopted shall be accredited, in accordance with the provisions of Article 25.2 of Law 38/2003 of 17 November, General of Grants.

3. The decisions shall be issued and notified to the applicants within the maximum period of six months from the date of publication of the notice, in accordance with Articles 25.4 and 26 of that Law. Exceptionally, an extension of the maximum time limit for resolution and notification may be agreed in the terms and with the limitations set out in Article 42.6 of Law 30/1992, with the agreement of the entities applicants.

The notification of the decisions to the applicants shall be made and shall be carried out in accordance with the provisions of Articles 58 and 59 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

If, within five days, from the date of notification of the grant decision, the grant is waived by any of the beneficiaries, the granting body may agree to grant the grant in favour of the grant. the following applicant (s) in order to score the programs, and provided that the credit released is sufficient.

4. Such decisions shall bring an end to the administrative procedure, with the possibility of bringing proceedings against the same powers of replacement within a period of one month, or being directly challenged in the context of the judicial-administrative judicial order in the the form and time limit provided for in the regulatory law of that jurisdiction.

5. After the maximum period established without the express and notified resolution, the application may be understood to be dismissed, as provided for in Article 25.5 of Law 38/2003 of 17 November.

6. The grants awarded shall be published in the Official Gazette of the State, in accordance with the provisions of Article 18.1 of the General Grant Law of 17 November, General of Grants, in accordance with the terms laid down in Article 30 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, of July 21.

7. The grant of a grant under this order and its corresponding calls for calls does not entail any obligation on the part of the Ministry of Employment and Social Security or its bodies to award grants. in the following economic exercises for similar programs.

Article 13. Modification of the grant resolution.

1. It may give rise to the modification of the granting resolution, by way of exception, in accordance with Article 19.4 of the General Grant Act, the concurrence of any of the following circumstances:

(a) The application by the entity would benefit from the transfer of the subsidised amount for the execution of a different programme, within the expressly authorised by the original resolution.

(b) the concurrent collection of other grants, aid, revenue or resources for the same purpose, from other public or private authorities or entities, national, European Union or international bodies, provided that, in isolation, or as a whole, they do not exceed the cost of the subsidised activity. In the case of exceeding that cost, the resolution of the reduction of the amount equivalent to the excess shall be issued.

(c) Any other sufficiently motivated circumstances to alter the conditions for the grant of the grant.

The modification application may be authorized if any of the above circumstances are present, provided that it does not harm third-party rights, as provided for in Article 64.1 of the General Grant Law Regulation.

In all cases the request for modification must be substantiated to justify its exceptional character and shall be submitted with at least 45 calendar days in advance of the end date of the program.

2. The resolution of the request for amendment of the grant resolution shall be made by the holder of the Directorate-General for Migration and shall be notified within one month of its receipt. This decision shall terminate the administrative procedure, which may be brought against it for the purpose of replacement within a period of one month, or be directly challenged in the context of the administrative and administrative judicial order, in the form and time-limits. provided for by the regulatory law of that jurisdiction.

Article 14. Modification of the programs.

1. The subsidised entities may request, by way of exception, the modification of the activities or expenditure items of the programmes supported, as well as the form and time limits for their implementation and the justification for the expenditure concerned, when circumstances arise which alter or hinder the development of the programme. Such amendments shall not be authorised if the rights of third parties are damaged.

2. Requests for amendment shall be sufficient to substantiate such alteration or difficulty. The circumstances justifying them and, in any case, up to 45 days before the end of the period of execution of the programme shall be made immediately upon completion of the programme.

3. The resolution of the application for amendment of the programme shall be made by the holder of the Directorate-General for Migration and shall be notified within one month.

Article 15. Payment of the grant.

1. The subsidised entities must first credit the grant of the subsidy in accordance with the provisions of Article 34 (5) of Law 38/2003 of 17 November, General of Grants, which are found in the compliance with their tax and social security obligations, and which are not debtors by resolution of the origin of the refund, in accordance with the provisions of Article 6 (3), paragraph c, 6. and 7. of this order.

If you have submitted a responsible statement, it must be renewed if more than six months have elapsed since your signature.

2. Where the action has been taken or the intervention of voluntary staff is envisaged in the implementation of the actions, they shall provide proof that they have an insurance policy for accidents and sickness and for civil liability in favour of such staff.

3. The form of payment of the grants awarded will be expressly determined in the corresponding calls. For these purposes, advance payments may be made within a single period or in several, prior to the justification, as well as payments on account, in accordance with the provisions of Article 34.4 of Law 38/2003 of 17 November 2001, Grants.

4. Payment shall be made by means of a transfer to a bank account which the beneficiary institution shall have before the General Secretariat of the Treasury and Financial Policy.

Article 16. Subcontracting.

1. By reason of the nature of the activities of the subsidised programme, the entity eligible for partial subcontracting may be authorised for a maximum of 50% of the amount of the subsidised activity. Such subcontracting shall in any event be subject to the provisions of Article 29 of Law 38/2003 of 17 November, General of Grants, and Article 68 of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July.

In no case may the beneficiary subcontract the full or partial execution of the activities in the cases provided for in Article 29.7 of Law 38/2003 of 17 November, General of Grants.

2. If the subcontracting was provided for in the initial grant application and thus authorized, evidence of the specialization of the entity with which the performance of the activities in question is contracted must be provided. the subject matter of such procurement. It will also provide evidence that the entity with which the activities are contracted is in the process of being aware of its tax obligations and in the face of social security or authorization for the body to grant the grant directly as set out in Article 22 of the General Grant Law Regulation.

3. Where subcontracting is not provided for in the initial grant application, the holder of the Directorate-General for Migration shall be given prior authorisation in accordance with the terms set out in paragraph 4 of this Article. In any event, the application for authorisation, which shall be duly justified, shall be made no later than 60 days before the end of the period of implementation of the programme.

Together with the same, supporting documentation of the specialization of the entity with which the performance of the activities, in the subject matter of the contracting, as well as accreditation, must be accompanied this entity is aware of its tax and social security obligations or authorization for the entity to obtain it directly, as provided for in Article 22 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, dated 21 July.

4. The resolution of the authorization of subcontracting shall be issued by the holder of the Directorate-General for Migration and shall be notified within one month of the date of the submission of the application for subcontracting. This decision shall terminate the administrative procedure, which may be brought against it for the purpose of replacement within a period of one month, or be directly challenged in the form and time-limits directly before the court-administrative order. provided for by the regulatory law of that jurisdiction.

Article 17. Obligations of the beneficiaries.

1. The Local Entities benefiting from the grants shall be obliged to comply, in addition to the obligations laid down in Articles 17 to 21 of this Order, and those which are generally referred to in Article 14 of Law 38/2003, 17 November, General Grant, the following:

(a) Meet the objective or objective of public interest, carry out the activity and adopt the behavior that bases the grant of the grant in the form, conditions and deadline established for each subsidized program, without prejudice to the possibility of a moratorium.

b) To justify to the Directorate General of Migration the fulfilment of the requirements and conditions, as well as the performance of the activity and fulfilment of the objective of public interest that determined the concession and enjoyment of the grant. Also, when requested by the Directorate-General for Migration, provide an intermediate justification for the expenditure of the programme or programmes supported.

c) Submit to the actions of verification, monitoring and evaluation carried out by the Directorate General of Migration, as well as the financial control corresponding to the General Intervention of the State Administration and the Court of Auditors, as well as those controls which the European Commission and the European Court of Auditors may consider appropriate.

d) Communicate to the Directorate-General for Migration as soon as it is known and, in any case, prior to the final justification of the grant, the obtaining of grants, aid, income or resources for the same the purpose of any national, public or private administrations or authorities of the European Union or international bodies, as well as their amount and the application of such funds to the activities supported.

e) To incorporate in a visible way, in the material used for the dissemination of the programs supported, the logo/s that allows/n to identify the origin of the grant, according to the models that are established in the corresponding call resolutions.

(f) Having an insurance policy for accident and sickness insurance and for civil liability in favour of voluntary staff participating in the subsidised programmes, as required by Articles 6 (d) and 10 of Law 6/1996, of 15 January, on Volunteering.

g) Keep documents supporting the application of the funds received, including electronic documents, during the period laid down by the applicable national or Community legislation, as from the end of the period the time limit for the implementation of the programme, as long as they can be subject to verification and control actions.

(h) Proceed to the reimbursement of funds received in the cases referred to in Article 24 of this order.

2. Where appropriate, the beneficiaries of the grants shall also be required to comply with the requirements and obligations arising from the rules governing the European Union Funds which co-finance the subsidised programmes, which shall be specified in the corresponding call.

Article 18. Monitoring, monitoring and evaluation.

1. In accordance with Articles 14.1.c) and 32.1 of Law 38/2003 of 17 November, and Chapter IV of Title II of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, the Local Entities receiving the grant shall be subject to the verification, monitoring and evaluation actions determined by the Directorate-General for Migration, providing the information required in order to verify the correct implementation.

2. Similarly, the beneficiary Local Entities shall be subject to financial control actions corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors in relation to grants awarded and, where appropriate, to those arising from the rules applicable to grants financed from funds from the European Union.

3. To this end, the subsidised local authorities shall regularly communicate the degree of compliance with the programme, in accordance with the timetable and follow up instructions given by the Directorate-General for Migration and, where appropriate, the following: arising from the rules applicable to grants financed from funds from the European Union.

Article 19. Justification for the grant.

1. According to the provisions of Law 38/2003 of 17 November, General of Grants and in its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, the subsidised Local Entities are obliged to justify the compliance with the conditions imposed and the achievement of the objectives set out in the grant of the grant, in accordance with the instructions given by the granting body.

The entities that are subsidized for the performance of actions financed from the European Union funds will be obliged, in any case, to the justification of the same according to what the regulations establish Community law. In addition, the co-financing provided by local authorities must comply with the eligibility rules laid down in Community legislation.

2. On a general basis, the justification shall take the form of supporting account which shall contain:

(a) A memory of the performance of compliance with the conditions imposed in the grant of the grant, indicating the activities carried out and the results obtained, in accordance with the provisions of the Article 72.1 of the Regulation of the General Law on Grants.

(b) A supporting economic memory of the cost of the activities carried out, in accordance with the provisions of Article 72.2 of the General Grant Law Regulation.

3. The Economic Memory and the Memory of Action, supporting evidence of the grant received, the content of which is governed by Articles 20 and 21 of this order, shall be submitted within one month from the date of completion of each programme and, in any case, within the time limit laid down in the following paragraph, unless, for reasons justified, the time limit for justification is changed, as provided for in Article 13 of this order.

4. If the time limit set to justify is expired, the institution has not presented the supporting account, it shall be required to do so within the period of 15 days, and shall inform it that the failure to provide the justification in that (a) the time limit shall be met by the requirement of reimbursement and other responsibilities laid down in Law 38/2003 of 17 November, General of Grants, and in accordance with Article 70 of the Regulation of the General Law on Subsidies, approved by Royal Decree 887/2006 of 21 July. The submission of the supporting account in this additional period shall not exempt the Local Entity from the penalties which, in accordance with the General Grant Law, correspond.

Article 20. Supporting economic memory.

1. The subsidised local authorities are obliged to justify 100% of the programme's expenditure, both the grant awarded and the funding provided by the beneficiary. The justification shall be made by certification of the Secretary, Controller or person holding the public faith of the beneficiary.

When the activities have been financed, in addition to the grants awarded under the regulated calls to be carried out in accordance with this order, with own funds or with other grants, aid, revenue or resources, the amount, the provenance and the application of such funds shall be credited to the supported activities.

2. The supporting economic report shall include, for each supported programme, in accordance with Article 72 of the General Grant Law Regulation, approved by Royal Decree 887/2006 of 21 July, a classified list of supporting each concept of authorised expenditure, with the identification of the creditor and the document, the amount, date of issue and, where appropriate, the date of payment. This supporting economic report shall also include any deviations that may have occurred in the approved budget.

The expenditure incurred in the activities carried out for the implementation of the subsidised programmes shall be justified by original invoices and other documents of probative value equivalent to valid traffic commercial law or administrative efficiency.

The original supporting documents submitted shall be marked with a stamp, indicating the grant for which the justification has been submitted and whether the amount of the supporting document is wholly or partly attributed to the programme supported by indicating, in the latter case, the amount affected by the grant.

3. All expenditure under the programme shall be in accordance with the relevant national or Community legislation.

4. In accordance with Article 3 (1) of Law 38/2003 of 17 November of 17 November, the General of Grants, the expenditure which, in an induited manner, is in line with the nature of the subsidised activity, is to be considered as strictly necessary. carried out during the period of implementation approved in the act of granting and are actually paid before the end of the period of justification laid down. In no case shall the cost of these expenses be higher than the market value.

5. When the amount of eligible expenditure exceeds the amounts established in the Royal Legislative Decree 3/2011 of 14 November, approving the recast of the Law on Public Sector Contracts for the minor contract, the In accordance with the provisions of Article 31.3 of Law 38/2003 of 17 November, General of Grants, it will have to request at least three offers from different suppliers, with character prior to the contraction of the commitment for the the provision of the service or the delivery of the goods, except that due to its special characteristics it does not exist in the (a) a sufficient number of entities to perform, provide or supply, or unless the expenditure has been incurred prior to the grant.

6. In no case shall the remuneration of the official or employment staff be admissible as a justification of the amount of the aid, nor the current expenditure on the part which exceeds or to the extent that it does not comply with Article 7 of the order.

7. In all cases, the withholding tax, made in the form of payment on account of the Income Tax of the Physical Persons corresponding to the recipient, and the income of the amount in the Treasury in the amount and in the the cases and form laid down in the rules governing the Income Tax of the Physical Persons.

Likewise, in the case of the remuneration of personnel charged to the program, the income of the contributions in the General Treasury of Social Security must be credited.

Article 21. Memory of the supporting action of the implementation of the subsidised programme.

1. The subsidised Local Entities shall submit to the Directorate-General for Migration a Memory of Action justifying the application of the grants awarded, and explain the implementation of each supported programme.

2. For these purposes, the minimum contents of such Memories shall be as follows:

a) The name of the Local Entity.

b) Denomination and content of the program.

c) Executor entity.

d) Territorial location of the program.

(e) Actuations made: to include methodology or instruments used; intended objectives; results obtained from the programme; deviations from the intended objectives.

f) Recipients benefited by the program.

g) Program execution period.

h) Territorial location of the program.

i) Expenditure made, broken down by concepts of expenditure and source of funding.

Article 22. Liability, sanctioning regime and audits.

1. According to the eighth additional provision of the Regulation of the General Law on Subsidies, the State Tax Administration Agency may carry out checks on aid from the European Union.

2. In the case of grants awarded by the European Union, the European Commission may also carry out audits on the use made of the grant.

3. The recipient of grants shall be subject to the responsibility and sanctioning regime which, in respect of administrative infringements in the field of grants, provides for Title IV of Law 38/2003 of 17 November 2001. Grants, and its Regulation, approved by Royal Decree 887/2006 of 21 July.

Furthermore, the provisions contained in Title IX of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and in the Royal, will be applicable. Decree 1398/1993 of 4 August 1993 approving the Rules of Procedure for the exercise of sanctioning powers.

Article 23. Return at the initiative of the beneficiary.

The beneficiary may voluntarily return the whole or part of the grant, in accordance with Article 90 of the General Grant Law Regulation, approved by Royal Decree 887/2006, On 21 July, at the General Secretariat of the Treasury and Financial Policy or Delegation of Finance corresponding to the registered office of the subsidized entity, the corresponding letter of payment of the credit card must be sent to the entity. revenue realized.

Article 24. Reintegrate.

1. The recovery of the amounts received and the requirement of interest for late payment, from the time of payment of the subsidy to the date on which the refund is agreed, in the cases established and in the amount set out in Title II of Law 38/2003 of 17 November, General of Grants, in the cases referred to in Articles 36 and 37 thereof, and in Title III of its Rules of Procedure.

2. The holder of the Directorate-General for Migration, by delegation of the Minister, shall exercise the competence to require the reimbursement of the grant granted, in accordance with Article 41 of Law 38/2003 of 17 November, General of Grants.

3. In the case of partial non-compliance, the fixing of the amount to be reintegrated shall be determined in accordance with the principle of proportionality and taking into account the fact that the non-compliance is significantly closer to the full compliance with and credit to the beneficiary entities for a performance which is unequivocally aimed at the satisfaction of their commitments.

Article 25. Graduation criteria for non-compliances.

1. The criteria for the graduation of possible non-compliances by the beneficiaries of the conditions imposed by the grant of the grants shall be as follows:

(a) The total non-compliance with the obligations and purposes for which the grant was awarded will result in the reimbursement of the entire amount granted.

(b) The amount to be reintegrated in the event of a partial default in the execution or justification of the actions or expenses shall be determined, in accordance with the proportionality criterion, by the volume and degree of non-compliance with the the conditions imposed for the grant of the grant.

2. Similarly, in the case referred to in Article 19 (3) of Law 38/2003 of 17 November, the excess obtained on the cost of the subsidised activity, as well as the requirement of interest for late payment, will be recovered. corresponding.

3. The granting authority shall be competent to require the beneficiary, where appropriate, to recover the aid in accordance with the procedure laid down in Article 42 of Law 38/2003 of 17 November, General Grants and in the Title III of its Rules of Procedure.

Single repeal provision. Regulatory repeal

Order TIN/2158/2008 of 18 July 2008 laying down the regulatory bases for the award of grants to local authorities for the development of innovative programmes in favour of the integration of immigrants.

Final disposition first. Legal system of application

As not provided for in this order, the provisions of Law 38/2003, of 17 November, General of Grants, in its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July and the Law of 21 July, will be applied. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and of the other rules which, where appropriate, are applicable.

Grants financed from European Union funds shall be governed by the applicable Community rules in each case, and by the national rules for the development or transposition of those rules, in accordance with the provisions of this Regulation. In Article 6.1 of Law 38/2003, of 17 November, General of Grants.

Final disposition second. Powers of development

The holder of the General Directorate of Migration is empowered to make the necessary resolutions for the application of this order.

Final disposition third. Competence title.

This Ministerial Order is dictated by the provisions of Article 149.1.2. of the Spanish Constitution, which gives the State exclusive jurisdiction in matters of nationality, immigration, emigration, foreign affairs, and right of asylum.

Final disposition fourth. Entry into force

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

Madrid, 2 August 2012. -Minister of Employment and Social Security, Fatima Banez García.