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Order Igd/3645/2009, Of 29 December, Which Establishes The Regulatory Basis For The Granting Of Aid For The Implementation Of Activities Financed By The European Commission Within The Framework Of The Community Action Programme "youth..."

Original Language Title: Orden IGD/3645/2009, de 29 de diciembre, por la que se establecen las bases reguladoras para la concesión de ayudas para la realización de actividades financiadas por la Comisión Europea en el marco del programa de acción comunitario "La juventud ...

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The Youth in Action programme, which aims to develop cooperation in the field of youth in the European Union, has been established by Decision No 1719 /2006/EC of the European Parliament and of the Council, of 15 November 2006 (published in the Official Journal of the European Union on 24), as well as by the programme guide, which sets out the mechanisms for your organisation.

On the other hand, and within the national scope, Article 6 of Law 38/2003 of 17 November, General of Grants, which deals with the legal system of grants financed from European Union funds, provides that such subsidies will be governed by the Community rules, having that law extra character; in similar terms, Article 7 of the Royal Decree 887/2006 of 21 July, which approves the Regulation of that Law, is stated.

Royal Decree No 486/2005 of 4 May, approving the Statute of the Youth Institute, determines that among the functions assigned to it is that of the exchange of young people at international level, as well as the participation of youth associations in European associative movements, the promotion of international relations and cooperation in the field of youth and, in general, the implementation of the policies of the Department in the field of youth.

Royal Decree 1135/2008, which develops the basic organic structure of the Ministry of Equality, provides in Article 1.5 that the Youth Institute is attached to the person who holds the Department.

Order IGD/3723/2008 of 10 December, approving the regulatory bases for the award of grants, awards, grants and scholarships by the Ministry of Equality and its public bodies, has at last the first paragraph of Article 1, which the programmes financed by European Union funds, shall have specific regulatory bases.

Article 9 of the General Law on Subsidies establishes, prior to the granting of the grants, in the field of the General Administration of the State, that the rules establishing the grant regulatory bases and will be published in the "Official State Gazette". Article 17 of the required Law provides that the aforementioned regulatory bases must be approved by the Ministerial Order and indicates the ends that must be specified, at least.

In its virtue, prior to the report of the State Advocate in the Department and the Delegated Intervention of the General Intervention of the State Administration, I have:

First. Object.

1. This Order lays down the basis for granting aid for the implementation of the projects covered by the actions of the Youth in Action programme approved by Decision No 1719 /2006/EC of the European Parliament and of the European Parliament European Union Council of the European Union and funded by the European Commission, valid for the years 2007 to 2013.

2. The following actions shall be supported, including those laid down in Decision No 1719 /2006/EC of the Parliament and of the Council of 15 November 2006.

a) Action 1, "Youth for Europe", which supports the following Sub-actions:

Sub-action 1.1, "Youth exchanges", which offer groups of young people from different countries the possibility to find themselves and to know their respective cultures better.

Sub-action 1.2, "Youth Initiatives", which provide support for projects of groups designed at local, regional and national level, as well as similar network projects between different countries, in order to strengthen the European and to expand cooperation and exchange of experiences among young people.

Sub-action 1.3, "Projects of Participatory Democracy", which support the participation of young people in the democratic life of their local, regional or national community, and internationally.

b) Action 2, "European Voluntary Service", which aims to encourage the participation of young people in different forms of voluntary activities, both inside and outside the EU.

c) Action 3, "Youth in the World", which supports the following sub-action

Sub-action 3.1, "Cooperation with neighbouring countries of the European Union", which supports two types of projects with partner countries associated: youth exchanges and training and networking projects in the youth field.

d) Action 4, "Youth Support Systems", which supports the following sub-action:

Sub-action 4.3, "Training and networking of youth workers and youth organisations", which supports the training of youth workers in active and youth organisations, in particular the exchange of experience, knowledge and good practice, as well as activities that can lead to long-term quality projects, partnerships and projects in the network.

e) Action 5, "Support for European cooperation in the field of youth", which supports the following sub-action:

Sub-action 5.1, "Youth meetings and youth policy makers", which supports cooperation, the holding of seminars and the structured dialogue between young people, youth workers and policy-makers youth.

3. The recognition of cultural, multicultural and linguistic diversity in Europe, the promotion of social cohesion and the fight against any form of discrimination based on the principle of equality must always be taken into account in the implementation of these actions. sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and respect for sustainable development.

Second. Beneficiaries and recipients.

1. Eligible promoters. This Community action programme is intended to support non-profit projects in favour of the following beneficiaries:

a) Non-governmental non-profit organizations.

b) Local or regional public Entes.

c) Non-associated youth groups.

d) European level active entities in the field of youth (ONGE), with headquarters in at least eight countries of the Program.

e) International non-governmental organizations.

2. Eligible participants. Each of the actions is aimed at young people between the following ages:

For action 1.1: Between 13 and 25 years (participation, up to a maximum of 20%, of young people between 26 and 30 years).

For action 1.2: Between the ages of 18 and 30, young people ages 15 to 17 will also be able to participate if they are accompanied by a youth guardian or animator.

For action 1.3: Between 13 and 30 years.

For action 2: Between the ages of 18 and 30, it may be from the age of 16 if they are accompanied by a tutor or a youth.

For action 3.1: For youth exchanges, same as action 1.1 and for training activities, without age limit.

For action 4.3: No age limit.

For 5.1 action: Between 15 and 30 years.

3. The participants should not have exceeded the maximum age for each action at the deadline for submission of applications for each round. The minimum age required before the completion of the project submission deadline must also be counted.

Third. Form and deadline for submission of applications.

1. Once the call is published in the "Official State Gazette", the interested parties must submit the corresponding application in a standardized model, as well as the following documentation:

A) Legal persons:

1) Proof of the identity of the representative (DNI or certificate of residence), as well as the right to act in the name and representation of the applicant legal person.

2) Photocopy of the certified fiscal identification card.

3) Original or copy with the character of authentic or certified photocopy of the duly legalized statutes.

4) A document supporting the registration of the entity in the corresponding administrative register.

B) Non-Associated Youth Groups:

1) Proof of the identity of the representative (DNI or certificate of residence), as well as the rights of the group to act in its representation.

2) NIF photocopy.

2. When the national identity document is requested, in the case of Spanish citizens, or of residence or work card and residence in Spain in the case of citizens of the European Union, a request may be made authorisation to be consulted by the Youth Institute, as provided for in the third paragraph of point 5 of Order PRE/3949/2006 of 26 December ("BOE" of 28). In the absence of such authorisation, photocopy of the documents referred to above shall be submitted.

3. The deadline for submission of applications will be the one set by the "Youth in Action" programme for each of the selection processes (called "rounds"), but for each annual call they will be specifically identified as application:

For processes starting between May 1 and September 30, the deadline is February 1.

For processes starting between July 1 and November 30, the deadline is April 1.

For processes starting between 1 September and 31 January, the deadline is June 1.

For processes starting between: 1 December and 30 April, the deadline is 1 September.

For processes starting between 1 February and 31 July, the deadline is 1 November.

4. The applicants shall have, in respect of each call, the rights granted to them by Article 35 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

5. Applications will be directed to the instance models located on the Internet address: www.juventudenaccion.migualdad.es, with the programs and dates for which the aid is requested to be related:

a) To the Directorate General of the Youth Institute for activities and/or projects to be developed at the State level.

b) To the youth organizations of the Autonomous Communities and Cities with Autonomy Statute, for activities and/or projects to be developed in their respective Autonomous Community or City with Autonomy Statute.

6. In the event of failure to meet the requests or the remaining documentation required each and every one of the requirements laid down in the call, the instructor shall require the person concerned to subsane it within the maximum period of time. 10-day extendable. If you do not do so, you will be given a withdrawal of your request after a judgment given in accordance with Article 71 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

7. In accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the application carries the authorization of the applicant to treat them automatively and to give them, for evaluation purposes, monitoring and control, the evaluating body and the Community and national control bodies.

Fourth. Concession procedure.

1. The aid shall be granted in accordance with the principles of advertising, transparency, objectivity, equality, non-discrimination and the competitive competition procedure.

2. An exclusive reference to actions 1.1, 1.2, 1.3, 2.1 and 3.1, for the determination of the economic proposal capacity of each Autonomous Community shall be assigned a common basis to all Autonomous Communities and shall be supplemented, taking into account the following:

a) The percentage of young population in each Autonomous Community and City with Autonomy Statute.

b) Social and economic factors such as GDP, youth unemployment rate and the peripheral condition of the territories.

3. Particular account shall be taken of the provisions of Article 6.4 of Decision 1719 /2006/EC, for the purpose of making a special effort by the Spanish National Agency for the benefit of young people who, for reasons of educational, social, Cultural, physical, mental, economic or geographical, they find it more difficult to participate in projects supported by the "Youth in Action" programme.

4. Each annual call shall develop the procedure for the award of the grants established in these regulatory bases, containing, necessarily, the ends indicated in the Programme Guide which is located in the Internet http://www.juventudenaccion.migualdad.es/opencms/opencms/programa/formularios/?categoryfolder=/modules/downloads/programa/&_locale=es, and, in addition, in point 2 of article 23 of the General Law of Grants.

5. The replacement of the presentation of certain documents by a declaration responsible for the applicant may be accepted for each call.

6. The calls, in accordance with the provisions of Article 59 of the Regulation of the General Law of Grants, shall be considered open for the simultaneous agreement of the performance of several rounds to the length of the same financial year and for the same grant line.

Fifth. Objective criteria for granting the aid. The competent authority for the instruction shall check both the application and the assessment criteria and the supporting documentation requested in each call, in accordance with the the following objective criteria for granting, which will have the same weighting given the variety of criteria for granting the aid required by Decision 1719 /2006/EC and the programme guide.

a) To reflect in the best possible way the overall priorities of the programme (e.g. youth participation, cultural diversity, European citizenship and social inclusion).

b) In general terms, clearly define the objectives of the project, and adapt the programme of activities to the objectives. In concrete terms, define the specific activities required for each action.

c) To properly adjust the budget, according to the objectives and activities necessary for the good development of the project.

d) Encourage the participation of young people with fewer opportunities.

e) Foster innovation and creativity.

f) Encourage the participation of new organizations.

g) Spread and give appropriate visibility to project results.

h) Report, if any, of the agency or agencies of other participating countries.

i) Value, if any, of the recipients, the entity that will carry out the programme, the technical content, its scope and funding of the programme, volunteering and continuity.

Sixth. Criteria for determining the individual amounts of aid.

1. The calls for assistance shall contain the individual amount of the aid, as it is not possible for them to be specified in these regulatory bases, given the system of financing the European Union.

2. Where its determination is not possible, the call shall set out the objective criteria for its implementation and, where appropriate, the weighting of those criteria. These criteria shall be appropriate for the purpose of the aid and shall include the consideration of the available budgetary resources.

3. The allocation of the aid shall be that determined on an annual basis in the General Budget Law of the State, with the budget appropriations to be indicated in the corresponding calls and their concession shall be conditional on the adequate and sufficient credit exists in those Budgets.

4. Verification of the existence of non-reality-adjusted data may result in the refusal of the grant requested, without prejudice to the responsibilities that may arise.

5. The grant of a grant under this Order does not entail any obligation on the part of the Youth Institute to award grants in the following financial years for similar programmes.

6. In the event that applications are received in excess of the available budget, priority will be given to those projects which are best suited to the objectives of the programme.

Seventh. Competent bodies and deadline for notification.

1. All the actions of the competent bodies for the processing of the grant procedures shall be regulated in accordance with Articles 22, 24 and 25 of the General Law on Subsidies.

2. The competent authority for the instruction of the procedure shall be:

a) For activities and/or projects to be carried out at local, provincial or regional level, the Youth organizations of the Autonomous Communities and Cities with Autonomy Statute.

b) For activities and/or projects to be developed in more than one Autonomous Community or City with Autonomy Statute, the European Union Programs Service of the Youth Institute.

3. The collegiate body shall be composed of staff from the International Cooperation Area of the Youth Institute, the Youth Council of Spain and the youth bodies of three Autonomous Communities or Cities with a Statute of Autonomy, up to a maximum of two representatives per body.

The representatives of Autonomous Communities or Cities with Autonomy Statute will participate in rotation in each of the project selection rounds.

All participants in the collegiate body shall refrain from appraising claims in the event of a conflict of interest and specifically in the case of applications from entities belonging to their geographical scope.

Staff who have been engaged in the provision of advice to potential applicants may not be part of the evaluating body of grant applications or participate in the award decisions for grants of the same round. selection.

4. As far as is expressly not provided for in these bases or in the calls, the functioning of the collegiate body shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of administrations Public and the Common Administrative Procedure.

5. The collegiate body shall submit to the granting body, through the instructor, the final proposal for a concession, in which the ratio of applicants for which the aid is proposed shall be expressed, specifying the amount of the aid. assessment and assessment criteria.

6. The Directorate-General of the Youth Institute shall, as the granting authority, decide on the procedure for granting each of the rounds by means of a decision on the aid requested, in accordance with Article 63.1 of the Regulation. of the General Law of Grants, in accordance with Article 89 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

7. The decision shall be delivered and notified within the maximum period of six months after the completion of the time limits for the submission of applications referred to in Article 3.3 of this Order. After the maximum period without any express resolution, the interested parties may understand their requests to be rejected.

8. In the resolution, which shall be motivated, the granting of the aid, as well as the dismissal and the non-grant of withdrawal, shall be agreed upon, waiving the right or the material impossibility.

9. The decision to grant an end to the administrative procedure, which may be brought against it, within two months from the day following its publication, administrative litigation, in accordance with Articles 9, 45 and 46 of the Law 29/1998, of 13 July, of the Jurisdiction-Administrative Jurisdiction or alternatively, within one month, also from the day following its publication, a potestative remedy for replacement to the Directorate-General of the Institute of Youth, in accordance with the provisions of Articles 116 and 117 of Law 30/1992, of Legal Regime of the Public Administrations and the Common Administrative Procedure.

10. The persons concerned shall forward, within 30 days of the notification of the decision, a compromise document, which appears on the Internet address http://www.juventudenaccion.migualdad.es/opencms/export/download/formularios/documentocompromiso.pdf.

Eighth. Time limits and justification for grants awarded.

1. The deadline for the completion of the project for which the aid has been granted must be provided by the beneficiaries and notified at the time of receipt of the aid. Any variation shall be communicated in good time.

2. The beneficiaries shall be obliged to justify the expenditure incurred by the aid within two months of the end of the period for carrying out the activity referred to in the preceding paragraph. After that time limit, the beneficiary shall be required to submit it within a period of not longer than 15 days. Your failure to submit will result in the requirement for reimbursement and other responsibilities outlined in both the General Grants Act and its Rules of Procedure.

3. An extension of the time limit laid down in the previous paragraph may be granted which does not exceed half of the time limit and provided that no third party rights are harmed.

4. The beneficiaries shall submit the supporting account, including, under the responsibility of the declarant, the supporting documents and other documents of equivalent probative value in the commercial or effective legal traffic administrative, in original or photocopy photocopy, in order to establish compliance with the aid object, in the form of a simplified supporting account (since in any case the aid to be granted will always be of value less than € 60,000) which will contain, in outline, the following information, according to what is develops in Article 75 of the Regulation of the General Law of Grants (Royal Decree 887/2006).

(a) Memory of performance justifying compliance with the conditions imposed in the granting of the aid, with an indication of the activities carried out and the results obtained.

(b) A classified relationship of the expenditure and investments of the activity, with the identification of the creditor and the document, the amount, date of issue and, where applicable, the date of payment.

c) Detail of other income or grants that have financed the activity with an indication of the amount and its provenance.

d) If applicable, a refund payment card in the case of unapplied remaining, as well as the interest derived therefrom.

The granting body shall have the necessary territorial sampling techniques to verify the appropriate supporting documents, requiring the beneficiaries to refer the supporting documents to the select.

In any case, the specific conditions for each of the actions defined in the program guide will be taken into account.

5. If there are subsable defects in the justification submitted, the competent authority for the verification of the aid shall bring it to the attention of the beneficiary, giving it a period of 10 days for its correction.

Ninth. Obligations of the beneficiaries.

1. To comply, in general, with the obligations set out in the Decision and in the Guide, as well as in the General Law on Grants, its Rules of Procedure and the provisions of these bases and the respective calls.

2. Carry out the activity that bases the grant of the grant in the form, conditions and deadline established for each project.

3. Submit to the actions of verification carried out by the Spanish National Agency, and to facilitate periodically the degree of compliance of the projects, to be determined.

4. Beneficiary entities or organisations shall be required to comply, in general, with the obligations set out in Article 14 of the General Grant Act.

10th. Payment of the aid.

1. The aid referred to in these regulatory bases shall be carried out as a general rule as follows:

(a) 70 per 100 once received at the Youth Institute the document referred to in Article 7 (10) of these bases.

b) 30 per 100 once received at the Youth Institute the Memory and justifications referred to in Article 8 of these bases.

In any case, the specific conditions for each of the actions defined in the program guide will be taken into account.

2. The amount of aid granted under no circumstances may be such that, in isolation or in competition with other aid (grants, revenue or resources), from any public or private national or public authorities, the European Union or international bodies, shall exceed the cost of the activity to be developed by the beneficiary non-governmental organisation or organisation for the same purpose.

3. No aid shall be paid for any aid granted without the prior submission of the Document of Commitment between the Injuve and the sponsor of the subsidised project referred to in Article 7 (10) of these bases.

11th. Amendment of the resolution. -Any alteration of the conditions under consideration for the granting of such aid (grants, revenue or resources) and in any event the concurrent obtaining of other aid, may result in the amendment of the resolution (a) the granting of the excess, together with interest on late payment, provided that the rights of the third party are not harmed.

By way of exception, it may be possible to request the modification of the content of the supported project, form and time-limits for the implementation and justification of the expenditure, all of which is sufficiently substantiated and the time at which the time limit for the implementation of the subsidised programme is completed.

Such a request may be authorized by resolution of the Directorate-General of the Youth Institute, provided that it does not damage the right of third parties, within the maximum period of three months from the date of its filing. This decision shall terminate the administrative procedure, which may be appealed for in replacement to the body which issued it or directly to the judicial-administrative court order.

12th. Compatibility with other subsidies.-The aid covered by this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose from any public authorities or authorities. (a) whether the amount of the latter in any case may be such that, in isolation or in competition with other grants, aid, revenue or resources, it exceeds the cost of the the subsidised activity, in accordance with Article 19 (3) of the General Law of Grants.

13th. Advertising of the aid.

1. For the granting administration: The scheme of advertising of the aid granted shall be carried out during the month following each calendar quarter, in accordance with Article 18 of the General Law on Subsidies and Article 30 of its Regulation.

2. For the benefit of the recipient: the beneficiaries of an aid must give adequate publicity to the public nature of the funding received, adapting the measures for dissemination to the subsidised subject, both in terms of form and duration, by the inclusion of the official logos of the European Commission, the Spanish National Agency and the Youth Institute, with legends regarding the public funding received.

If this obligation is breached, it will be in accordance with Article 31.3 of the General Grant Law Regulation.

14th. Drawback and defaults.

1. Recovery of the amounts received and the requirement of interest for late payment from the time of payment of the aid up to the date on which the refund is agreed, in the cases established and in the amount fixed in Title II of the General Law on Subsidies and Title III of its Rules of Procedure, in the following cases of non-compliance:

(a) Existence of a subsidy remnant that has not been invested in the program without justified cause.

b) Application of the aid to concepts of expenditure other than those which were established, without the authorization of the granting authority, as well as to programmes implemented by entities or Autonomous Communities and dates which did not appear in the memories of the programs at the time of the request.

2. 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 evidence of a performance which is unequivocally aimed at the satisfaction of its commitments.

15th. Infringements and penalties.-The regime of applicable administrative penalties and infringements shall be as set out in Title IV of the General Grant Act and in the same title number of its Rules of Procedure.

sixteenth. Controls and audits. -Decision 1719 /2006/EC establishes a system of sampling control for selected projects. To this end, the beneficiaries shall keep at the disposal of the Commission, for a period of five years from the last payment, all supporting documents relating to the expenditure incurred. In addition, they shall ensure that, where necessary, supporting documents held by their partners or members are made available to the European Commission.

The European Commission will also have the right to carry out an audit of the use that has been given to the aid. These audits may be carried out throughout the duration of the contract, as well as for a period of five years from the date of payment of the balance of the aid. The results of these audits may, where appropriate, lead to decisions on the recovery of funds by the European Commission.

For your part and as provided for in the additional eighth provision of the Grant Act Regulation, the State Tax Administration Agency may carry out checks on aid from the European Union.

seventeenth. Supplementary law.-Any process governed by this order shall be applicable to Decision 1719 /2006/EC of the European Parliament and of the Council of the European Union in respect of rules of direct application, as well as the Guide to the Youth Programme. in action ", having an additional character for all those extremes not provided for in the present order the General Law of Grants, its Regulation and subsidiary the Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure, as well as any other provision of legislation which by its nature may be applicable.

Eighteenth. The Minister of Equality may, if necessary, make the necessary provisions for the proper implementation of the provisions of this Ministerial Order.

Nineteenth. Entry into force. This Order shall enter into force on the day following that of its publication in the Official State Gazette '.

Madrid, December 29, 2009. -Minister of Equality, Bibiana Aido Almagro.