Royal Decree 342/2012, of 10 February, for which the basic organic structure of the Ministry of Foreign Affairs and Cooperation is developed, attributes to the General Secretariat of International Cooperation for the Development, assistance by the Secretary of State for International Cooperation and Latin America in the formulation and implementation of the development cooperation policy under the Ministry of Foreign Affairs and Cooperation.

To this effect, as established by Law 23/1998, of 7 July, of International Cooperation for Development, it exercises the powers conferred on the Minister in the direction of formulation and implementation of the policy of cooperation for the development; in its planning and coordination; it manages the cooperation resources managed by the Ministry of Foreign Affairs and Cooperation; ensures Spanish participation in international aid organizations; development and defines the position of Spain in the formulation of the Community policy of development. It also evaluates development cooperation policy, and programs and projects funded by state funds.

As a consequence of the growing importance that development cooperation has acquired during the last few years, it is frequent to hold congresses, seminars and conferences on topics related to it. For this reason, since 2000, grants have been awarded to non-profit institutions operating in the field of development cooperation for the celebration of such meetings.

In accordance with the provisions of Article 8 of Law 23/1998 of July 7, the Four-Year Directors ' Plans of Spanish Cooperation and the Annual Plans of International Cooperation, concretize for the scope of the development cooperation the objectives and effects which are intended by the establishment of the subsidies covered by this Order of Bases, the time required for their establishment, the foreseeable costs and their sources of financing.

Article 17 of Law 38/2003, of 17 November, General of Grants enables the Minister of the Department for the approval by Ministerial Order of the regulatory bases for the grant of grants.

By virtue of all of this, previous reports from the Legal Service and the Department's Delegated Intervention, I have:

First. Object.

The subsidies regulated in these bases are aimed at the financing of congresses, seminars and conferences related to international development cooperation.

Second. Calls.

The calls, which must be made public in the Official State Gazette, will be carried out by Resolution of the holder of the General Secretariat for International Cooperation for Development, which will be in accordance with the provisions of the Order.

The corresponding calls will establish the territorial and personal scope of application, the specific requirements for access to the condition of beneficiaries, the types of activities for which the aid is promoted, the allocation of the same, concurrence or compatibility with other aid and the rights and obligations in each case.

Third. Collaborating Entities.

Prior to the formalisation of the appropriate collaboration agreement, the grants regulated in this Order may be delivered to the beneficiaries through collaborating entities.

To these effects, the State Societies, the Autonomous Communities and the Foundations that are under the protectorate of a public law entity, as well as the legal entities that are under the protection of the State, will be considered as collaborating entities. demonstrate the following conditions of solvency and effectiveness:

To be an entity of recognized prestige in the field of international cooperation.

Have sufficient means and capacity to ensure compliance with the objectives set out in the convention.

Develop cultural, technical, scientific, or assistance activities that coincide with the programs of the General Secretariat for International Development Cooperation.

Fourth. Beneficiaries.

In general, they will be able to access the condition of beneficiaries of the grants regulated in this Order of Bases Spanish and foreign citizens, as well as legal persons and public or private entities, National or foreign nationals who meet the following requirements:

Natural persons: Haber met the age majority.

Legal persons: Be legally constituted.

In both cases:

Lacking your profit-making activity.

Have sufficient means and capacity to carry out the activities and ensure that the objectives set out in those activities are met.

Accredit, where applicable, compliance with the tax obligations, with the Social Security and the tax residence in accordance with the provisions of Article 22 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, dated 21 July.

The natural or legal persons in which one of the circumstances referred to in Article 13 (2) and (3) of Law 38/2003 shall not be eligible for the subsidies covered by this standard shall not be eligible. November 17.

Fifth. Form and time limit for the submission of applications.

Applications for grants will be formalized by interested parties or individuals who credit their representation with any valid means.

Such applications, and without prejudice to the establishment of relevant models, shall contain at least:

Description of the activity that you intend to finance.

Expected result of the activity.

Scheduled budget according to at least the following points:

Address and coordination.

Materials and Equipment.

Indirect expenses imputed.

Applications shall be submitted to the General Secretariat for International Cooperation and shall be submitted to the Registry of the Ministry of Foreign Affairs and Cooperation or any of the forms prescribed in Article 38.4. of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The time limit for the submission of applications shall be 20 working days from the day following the publication of the notice of call in the Official Gazette of the State.

Sixth. Amount of subsidy.

The amount of the grant shall be fixed in accordance with the budget and the documentation provided by the applicant and the budgetary availability.

If the amount proposed by the Study and Advisory Committee is lower than the requested amount, it may be requested, if it is considered to affect the essential aspects of the project, to the beneficiary to reformulate its request. in order to adjust the commitments and conditions to the grant grant.

The subsidies regulated in these bases will be compatible with other aid having the same purpose, taking into account that the amount of the subsidy in no case may be of such amount as in isolation or in In the case of other grants, aid, income or resources, it exceeds the cost of the subsidised activity, as provided for in Article 19 (3) of Law 38/2003 of 17 November.

Seventh. Competent bodies for the instruction and resolution of the procedure.

1. The authority responsible for the procedure shall be the holder of the Cabinet of the General Secretariat for International Cooperation for Development.

2. The applications and documentation submitted shall be informed by a Commission of Study and Counselling, the report of which shall be mandatory and non-binding. This Commission shall be composed of the following members:

President: Chief of Staff of the General Secretariat for International Cooperation for Development.

Vice President: The holder of the General Development Policy Subdirectorate.

Vocals: Three officials of the General Secretariat for International Cooperation for Development, acting as Secretary of the Commission.

3. The competent body for the resolution of the procedure is the holder of the Secretariat State of International Cooperation and for Ibero-America. The delegation of the competition to the Secretary-General for International Development Cooperation is approved.

Eighth. General assessment criteria.

The applications submitted will be assessed and selected taking into account the assessment criteria (V) contained in the corresponding call, which, among others, will have to be considered in their technical assessment (Vt). following:

-The content of the activity and its link with the objectives and purposes of the Plan Director of Spanish Cooperation, up to 5 points.

-The technical quality of the proposal, up to 3 points.

-Merit that credit the qualities of the person or entity for the development of the activity, up to 2 points.

This technical assessment (Vt) will be multiplied by the weighting of priorities (P), if the call is established. Thus obtaining the overall assessment (V).

V = Vt *P

The amount of the grants shall be established on the basis of: (a) the volume of the existing budget credit, (b) the amount of the grant requested and (c) the overall valuation.

Ninth. Resolution of the concession procedure.

The procedure for granting the grant will be made on the basis of competitive competition in the terms laid down in Law 38/2003 of 17 November.

The Valuation Commission will, in the light of everything, formulate the corresponding motions for resolutions.

Such proposals, as provided for in Article 24 (4) of Law 38/2003 of 17 November, shall express the beneficiary or the relationship of beneficiaries and, where appropriate, the alternates for which the grant of the grant and its amount, specifying its assessment and the assessment criteria followed to carry out the grant.

In accordance with the provisions of Article 63 of the Regulation of Law 38/2003 of 17 November, approved by Royal Decree 887/2006 of 21 July, the competent body shall decide within 15 days from the date of the increase. of the motion for a resolution.

The resolutions shall be reasoned, the basis of the decision to be adopted, in accordance with the provisions of Article 25 (2) of Law 38/2003, of 17 of 17, shall be accredited in the proceedings. November.

Resolutions shall be issued and notified to the persons concerned within the maximum period of three months from the date of publication of the notice. They shall determine the amount of the grant awarded, aid in kind where it is determined in the call, and the specific conditions of the grant.

Against these resolutions, which end the administrative route, as established by the additional 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the The State, which may be brought to the Court for a period of one month from the day following its notification in accordance with the provisions of Law No 30/1992 of 26 November 1992, or a judicial-administrative action before the Chamber of Judicial-Administrative Litigation of the National Court, under Law 29/1998 of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction, not being able to simultaneously interface both resources.

After the maximum period fixed without the express and notified resolution, the application may be understood to be dismissed, as provided for in Article 25 (5) of the General Grant Law.

The grants awarded will be published in the Official Journal of the State, with the indication of the beneficiaries and their alternates if any, name of the activity, economic file, budgetary application and amount.

10th. Payment.

The payment of the grants, the delivery of which may be made in cash or in kind as provided for in the Additional Provision of the General Grant Law, shall be made as of the date of acceptance of the grant by part of the beneficiary, in a single advance payment without a guarantee requirement.

The beneficiaries of the grants must deposit the amount received as long as it is not immediately used for their receipt in a bank account, open exclusively for these funds, with the title of the subsidised activity.

The justification for such deposits will be made by means of bank documents, which will be joined to the justification of the grant as provided for in this Order.

No payment shall be made if the beneficiary is not aware of his or her tax or social security obligations, or if he is a debtor, for any other term with the granting authority.

11th. Modification of the Resolution and Finalization for non-compliance.

When circumstances that alter or seriously hinder the development of the activity occur during the execution of the activity, the General Secretariat for International Development Cooperation may authorize the precise modifications.

Any alteration of the conditions under consideration for the grant of the grant and, where appropriate, the concurrent collection of grants or aid granted by other public administrations or public or private entities, national or international, may result in the modification of the grant of the grant.

The General Secretariat for International Development Cooperation may terminate any of the activities when substantial breaches of the obligations incurred by the beneficiary are detected. In this case, it will require the submission of the justification and the precautionary return of the funds from the aid not implemented until that time.

12th. Deadline and form of justification.

In accordance with Article 75 of the Regulation of Law 38/2003 of 17 November, the beneficiaries of the grants shall justify the carrying out of activities and expenditure effected by the presentation of an account. simplified justification within three months of the completion of the supported actions, in Spanish or translated into Spanish, except that the call for action, in the light of the characteristics of the activity supported, set a shorter deadline.

Unless other requirements are laid down in the call for attention to the subsidised activity, the supporting account shall contain the following information:

(a) Memory of performance justifying compliance with the conditions imposed in the grant of the grant, indicating the activities carried out and the results obtained.

b) A classified relationship of the expenses and investments of the activity, with the identification of the creditor and the document, its amount, date of issue and, if applicable, date of payment. Where the subsidy is granted on the basis of an estimated budget, the deviations shall be indicated.

(c) A breakdown of other income or subsidies that have financed the activity supported with an indication of the amount and its provenance.

d) If applicable, a refund payment card in the case of non-applied remnants as well as the interest derived from them.

The granting body shall verify, through the sampling techniques agreed in the regulatory bases, the supporting documents which it considers appropriate and which allow reasonable evidence to be obtained on the appropriate application of the grant, to the end of which it may require the beneficiary to refer the selected expenditure supporting documents.

13th. Obligations of the beneficiary.

According to the provisions of Article 14 of Law 38/2003 of 17 November, the beneficiaries of the grants will be obliged to:

(a) Accept in writing the grant awarded within the maximum period of 30 working days from the receipt of the concession notice. If it is not accepted within that period, it shall be deemed to be waived, unless there is a cause of force majeure and, where appropriate, may be granted to the alternate who appears in the first place in the decision to grant it.

b) Carry out the activity which bases the grant of the grant, without any change or modification of the object or the purpose for which it was granted. The start of the activity shall be produced after the grant of the grant.

(c) Justify to the authority the compliance with the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the grant of the grant.

d) Submit to the actions of verification, monitoring and evaluation carried out by the granting body, as well as to the financial control corresponding to the General Intervention of the State Administration and the Court of Accounts.

e) Communicating the granting body immediately to obtain other grants or aid to finance the same subsidised activity, and always before the justification for the application of the funds granted.

(f) Keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be subject to verification and control actions.

g) To incorporate in a visible way in the material of promotion and publicity of the activities supported the collaboration of the Ministry of Foreign Affairs and Cooperation-Secretariat of State of International Cooperation, by means of the logo provided for in the regulations on the institutional image of the General Administration of the State.

h) Proceed to the reimbursement of funds received in the cases referred to in Article 37 of Law 38/2003 of 17 November.

14th. Graduation of breaches of the conditions imposed.

In accordance with the provisions of Article 17.3.n of General Law 38/2003 of 17 November, the following criteria are laid down for the graduation of the non-compliance with the conditions imposed by the grant of the grant, with an indication of the percentages of subsidy reimbursement that will be required in each case:

1. Total non-compliance for the purposes for which the grant was awarded: 100%.

2. Partial non-compliance for the purposes for which the grant was awarded: 40%.

3. Failure to comply with the time limit for the implementation of the activity without authorisation for an extension: 20%.

4. Delay in the submission of insufficient or insufficient justification or justification: 10%.

These criteria correspond to the principle of proportionality, and will be applied to determine the amount that the beneficiary may finally receive or, where appropriate, the amount to be reintegrated.

The refund procedure shall be governed by the provisions of Article 42 of Law 38/2003 of 17 November and Article 94 of its Rules of Procedure.

15th. Responsibility and sanctioning regime.

The beneficiaries of the grants will be subject to the responsibilities and the sanctioning regime that on administrative violations in the field of grants establishes Title IV of Law 38/2003 of 17 November. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as provided for in Article 67 (1). of Law 38/2003 of 17 November.

sixteenth. Development and Execution.

The holder of the General Secretariat for International Development Cooperation is empowered to issue any instructions necessary for the execution of this Order.

seventeenth. Extra rules.

For all that is not provided for in this Order of regulatory bases, the provisions of Law 38/2003, of 17 November, in Royal Decree 887/2006, of 21 July, in Law 30/1992, of 26 of the November, and any other provision of legislation which may be applicable in its nature.

Single repeal provision. Regulatory repeal.

1. All rules of the same or lower rank are repealed in that they contradict or oppose the provisions of this Order.

2. Order AEC/1281/2009 of 14 April 2009 (BOE of 22 May) of the regulatory bases for the award of grants for the holding of congresses, seminars and conferences related to international cooperation for the development.

Single end disposition. Entry into force.

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

Madrid, June 21, 2012. -Minister of Foreign Affairs and Cooperation, José Manuel García-Margallo y Marfil.