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Order Def/186/2015, On 9 February, By Which Establish The Regulatory Basis For Awarding Grants To Promote The Culture Of Defence.

Original Language Title: Orden DEF/186/2015, de 9 de febrero, por la que se establecen las bases reguladoras para la concesión de subvenciones para promover la cultura de defensa.

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In accordance with the provisions of Law 38/2003, of 17 November, General of Grants, and in the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of July 21, by Order DEF/3557/2008 of 3 December, the regulatory bases of the grants for the promotion and dissemination of the culture of defense and the image of the Armed Forces were approved.

Article 14.2.j) of Royal Decree 454/2012, of 5 March, for which the basic organic structure of the Ministry of Defense is developed, provides that it is up to the General Secretariat of Defense Policy to propose and coordinate the cultural policy of security and defense and the promotion of national defense awareness.

In Article 1 of Order DEF/783/2012 of 12 April, which is adapted to the new structure of the Ministry of Defense, Order DEF/3557/2008 of 3 December, approving the regulatory bases of the grants for the promotion and dissemination of the culture of defense and the image of the Armed Forces, the Secretary General of Defense Policy is delegated the competence of the Minister of Defense to carry out the call and the granting of grants for the promotion and dissemination of the defence culture and the image of the Armed Forces.

As a number of technical and organisational changes have been made over the last few years in order to improve and speed up the procedure for the management of grants, it has been deemed necessary. replace the existing regulatory bases of the above grants.

Taking into account the provisions contained in Law 38/2003 of 17 November, and in the Regulation that develops it, approved by Royal Decree 887/2006 of 21 July, this ministerial order is issued under the article 17 of the above mentioned law, which enables the Minister of the Department for the establishment by ministerial order of the regulatory bases of the grant of the grants.

The General Legal Counsel of Defense and the General Intervention of Defense have issued their mandatory report, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November.

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

Article 1. Object, purpose, and scope of application.

1. This ministerial order establishes the regulatory bases for the granting of subsidies that aim to promote the realization of the activities of promotion and dissemination of the culture of defense that promote the knowledge of the defense as essential element to guarantee the safety and well-being of Spain and the Spanish, with the aim of the Spanish society to know, value and identify with its history and with the solidarity effort through which the Armed Forces safeguard national interests.

All in accordance with the forecasts contained in the strategic planning instrument, which will set out the thematic priorities to be taken into account in the assessment of projects with the aim of compliance with the objectives set.

2. The projects which deepen the defence as an essential element of the State in order to guarantee the safety and well-being of Spain and the Spanish, the analysis of risks and the risks, are included within the scope of these grants. Current threats to security, the instruments needed to ensure defense-human and material resources and budgets-shared security with partners and allies and the missions of the Armed Forces, as well as projects and commemorative acts that put in value the military history and cultural heritage of the Forces Spanish navies.

Activities such as courses, seminars, days of debate and conferences, exhibitions and other studies or work of a divulgative nature will be taken into consideration.

They are excluded from the scope of these grants:

(a) The imparting of training courses or courses pertaining to the lessons learned.

b) The publishing of publications, except that they are part of the divulgative action of the main activity.

3. The call for grants shall specify the time limit for the implementation of the activities to be supported.

Article 2. Beneficiaries.

1. They may obtain the status of a beneficiary of the grants covered by these bases for natural persons who have their registered office in Spain and legal persons, public or private, non-profit-making and with registered office in Spain, which, in both cases, comply with the requirements laid down by the call, meet the conditions and experience particularly appropriate to ensure compliance with the object and purpose of the grants provided for in Article 1.1 of the this ministerial order and are not incurred in any of the prohibitions referred to in Article 13 (2) and (3) of Law 38/2003 of 17 November, General of Grants, in the terms provided for in Articles 18 to 21, inclusive, of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

2. They will not be able to obtain the status of beneficiary of the grants that are regulated in these bases:

(a) The units, centres and agencies organically dependent on the Ministry of Defence.

(b) The staff who are organically or functionally dependent on the grants and staff of the agencies represented in the Assessment Board provided for in Article 7.

Article 3. General principles and concession procedure.

1. In accordance with the provisions of Article 8.3 of Law 38/2003 of 17 November, the management of the grants to which these regulatory bases refer will be carried out in accordance with the principles of advertising, transparency, competition, objectivity, equality and non-discrimination; effectiveness in meeting the objectives set and efficiency in the allocation and use of public resources.

2. The concession procedure shall be carried out under competitive competition, in accordance with the provisions of Articles 22.1.y 23 to 27, inclusive of Law 38/2003 of 17 November, and 58 to 64, inclusive of the Rules of Law 38/2003, dated November 17.

Article 4. Competent bodies for the management, instruction and resolution of the procedure.

1. The body responsible for ordering and instructing the procedure is the Division of Coordination and Security and Defense Studies, under the General Secretariat of Defense Policy.

2. The Secretary-General for Defence Policy will deliver a resolution in the grant award procedure by delegation of the Minister, as set out in the additional provision first.

Article 5. Call.

1. The procedure for granting grants shall be initiated on its own initiative by means of a call approved by the Secretary-General for Defence Policy, pursuant to the competence delegated by the Minister of Defence in the additional provision first. The call, which will be published in the "Official State Gazette", will develop the procedure for granting the grants called.

2. The convocation, which shall be annual, shall specify the form of accrediting the fulfilment of the requirements to apply for the grant established in these regulatory bases and shall establish the models corresponding to the documents required. present the applicant.

3. The annual call shall, where appropriate, establish whether the beneficiary is required, as a mechanism to ensure its economic and financial capacity, an amount of own funding to cover the subsidised activity.

Article 6. Requests.

1. The grant applications shall be submitted within 15 working days of the publication of the call.

2. Applications may be submitted at the Electronic Headquarters of the Ministry of Defense, as established by Law 11/2007, of June 22, of electronic access of citizens to Public Services, in the General Registry of the Ministry of Defense, Paseo de la Castellana, 109, 28071 Madrid, or by any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. The submission of the grant application shall entail the authorisation of the applicant for the granting of the accreditation by the granting body directly through the telematic certificates relating to compliance with the tax obligations. and with Social Security, in accordance with the provisions of Article 22.4 of the Regulation of Law 38/2003 of 17 November.

However, the applicant may expressly refuse consent, and must then provide the certification in the terms provided for in Article 22 (1), (2) and (3) of the Regulation of Law 38/2003 of 17 November. The accreditations to be found in compliance with the tax and social security obligations must be in force when the application for a grant is submitted, as the proposal for a grant resolution and in the time to proceed with the payment of the grant.

Article 7. Instruction and assessment.

1. The instructor shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made.

2. The assessment of applications shall be carried out by a Valuation Commission, chaired by the Director of the Coordination and Security and Defence Studies Division or by the Director of the Division, in accordance with the provisions of Article 23.2 of the Law. 30/1992, dated November 26.

In addition, they will be part of the same four vowels. One of them representing the General Subdirectorate of Publications and Cultural Heritage. The remaining three will be posted at the General Secretariat of Defense Policy.

Will act as Secretary a person for the General Secretariat of Defense Policy, who will act with voice but without a vote.

The vowels and the Secretary shall be appointed by resolution of the Secretary-General of Defense Policy, which may provide for the existence of vowels and alternate members to replace the holders.

All members of the Valuation Commission shall be public, civil or military employees, who occupy positions of level 26 or higher in the Ministry of Defense or their equivalent employment in the field of the Armed Forces.

3. As far as these regulatory bases are concerned, the operation of the Valuation Commission shall be in accordance with the arrangements laid down for the collective bodies in Title II, Chapter II of Law No 30/1992 of 26 November.

The functioning of the Valuation Commission will be addressed with the personal, technical and budgetary resources of the Division of Coordination and Security and Defense Studies.

4. The instructor, for the purpose of facilitating the assessment of applications by the Valuation Commission, may collect as much information as it deems necessary.

5. In order to determine the amount corresponding to each project selected, account shall be taken, in accordance with the criteria of economy and efficiency, of the costs of the activities included in each project, considering, inter alia, the relevance or the opportunity of the activity, the location of the activities, the duration of the activities and the qualifications of the participants.

6. For the granting of these grants, the following assessment criteria will be taken into account, which will be weighted according to the maximum score that each one is assigned:

a) The project's interest and suitability. This criterion will mean, at most, 50% of the total valuation. It will be valued:

1. The adequacy of the project to the object and purpose set out in Article 1.1.

2. The project will be in line with the priority action lines described in the strategic planning instrument, which will also be detailed in the call.

3. The geographical scope of the proposed activity, with the objective that the activities supported by the Ministry of Defense reach most of the national territory.

4. That the communication plan allows for the proper dissemination of the Ministry of Defense's activity and sponsorship.

b) Experience, management capacity and degree of reliability of the applicant. This criterion will mean, at most, 30% of the total valuation. It will be valued:

1. Priority, activities organized by universities and partner institutions, teaching institutions, professional schools, thought centers or others with social projection, as well as activities aimed at students of non-university teaching.

2. The applicant's accredited experience in organizing and performing similar activities.

3. º That the applicant has sufficient human and material resources to carry out the project directly.

4. º That the applicant can accredit having carried out activities on an ongoing basis for a period of at least two years since its inception.

5. Degree of representativeness of the applicant.

6. The result of the execution of the activities supported by the Ministry of Defense that the applicant has carried out in previous years. It shall be taken into account, in a negative manner, that the applicant has received a grant and subsequently renounced it, except as a result of force majeure.

c) The cost of the project. This criterion will mean, at most, 20% of the total valuation. The detailed presentation of all the concepts of expenditure shall be assessed in accordance with the principles of economy and efficiency.

7. After the examination and comparison of the applications submitted, the Valuation Commission shall issue a report setting out the results of the assessment carried out and a prioritized relationship of the applications in accordance with the score obtained and the corresponding amount of the grant.

8. The instructor, in the light of the dossier and of the report of the Valuation Commission, shall submit to the authority the proposal for a resolution, duly substantiated, to be expressed by the applicant or the list of applicants for whom proposes the grant and the amount of the grant, specifying its assessment and the assessment criteria followed to carry out the grant. Such a motion for a resolution shall be final, having been omitted from the proceedings before it is not included in the proceedings, nor shall it be taken into account other facts or other arguments and evidence which are adduced by the interested.

The grant award file shall contain the report of the instructor body stating that the information in its possession shows that the beneficiaries fulfil all the necessary requirements for power access them.

In accordance with the provisions of Article 24.6 of Law 38/2003 of 17 November, the motion for a resolution does not create any right in favour of the proposed beneficiary, in front of the Administration, until the notified of the grant resolution.

Article 8. Resolution of the procedure.

1. The grants shall be awarded by grant decision issued by the granting body, after the final decision has been adopted by the instructor in accordance with the report of the Valuation Commission.

2. The decision to grant the aid shall be justified by reference to the criteria for the assessment of applications, by determining the beneficiaries and the amount of aid granted for each project. It shall also contain, in an express manner, a general dismissal of the remaining applications.

3. In accordance with the provisions of Article 63.3 of the Regulation of Law 38/2003 of 17 November, the granting resolution may include an orderly relationship of alternates with higher-scoring projects than, having complied with the administrative and technical conditions for acquiring the status of beneficiary, have not been estimated to exceed the maximum amount of the credit set out in the call.

In this case, if any of the beneficiaries give up the grant, the granting body will agree, without the need for a new call, to grant the grant to the applicant or alternate applicants following the grant. the order for the score, provided that, with the waiver by any of the beneficiaries, sufficient credit has been released to attend at least one of the alternate applications and provided that the project can be carried out and justified within the time limit set in the call.

The grant authority will communicate this option to interested parties in order to access the grant proposal within the 10-day extension period. Once the proposal has been accepted by the applicant or applicants, the granting authority shall give the granting decision and give its notification.

4. Where the waiver of a beneficiary has not provided sufficient credit to meet at least the first of the alternate applications, if the instructor considers that the credit released by the first alternate may result in a substantial part of the project submitted, may communicate this option to the interested party so that, where appropriate, it will accede to the grant proposal within the same period referred to in the preceding paragraph. Once the proposal has been accepted, the granting authority will give the granting decision and give its notification.

5. The decision to grant shall be issued and shall notify the persons concerned within the maximum period of six months from the date of publication of the relevant notice, pursuant to Article 25.4 of Law 38/2003 of 17 December 2003. November. The decision of the procedure shall be notified to the beneficiaries under the terms of Article 58 of Law 30/1992 of 26 November and shall be published in the "Official Gazette of the State". The practice of such notification and publication shall be in accordance with the provisions of Article 59 of that law.

6. The maximum period for the termination of the proceedings without having been notified of the legitimate decision to the persons concerned in order to understand, by administrative silence, their application, in accordance with the provisions of Article 25.5 of the Law 38/2003, dated November 17.

7. The decision to grant an end to the administrative route and against it may be brought before the Minister of Defence, within one month, in accordance with the provisions of Articles 116 and 117 of the Law. 30/1992, of 26 November, or directly administrative-administrative action before the Court of the Court of Justice of the National Court, within two months from the day following that of its notification or publication, of in accordance with the provisions of Articles 11.1 and 46.1 of Law No 29/1998 of 13 July 1998 on the Litigation-administrative Jurisdiction.

Article 9. Obligations of the beneficiaries.

1. The beneficiaries will be subject to the obligations laid down in Article 14 of Law 38/2003 of 17 November, in the preliminary title, Chapter III, Section 3 of the Regulation of Law 38/2003 of 17 November, and in other legislation that might be applicable.

2. Acceptance of the grant awarded by the beneficiary involves the transfer to the Ministry of Defence of the rights of reproduction, public communication and dissemination, on the Internet, of documents, essays, research papers, dissemination materials or images resulting from the development of the subsidised activity, so that they can be used to disseminate the activities supported by the Ministry of Defence for the promotion of defence culture.

3. The beneficiaries must record in all the materials related to the activities carried out, in particular those used for advertising and dissemination, that the activities have been supported by the General Secretariat of Defence Policy of the Ministry of Defence. They shall also be obliged to incorporate in a visible form the material used and the documentation generated by the logo of the Ministry of Defence, whose institutional image will be provided on the call.

Article 10. Circumstances that may result in the amendment of the resolution.

The circumstances which, as a result of the alteration of the conditions taken into account for the grant of the grant, may lead to the amendment of the resolution are:

(a) The variation of the dates or place of performance of the activities referred to in the initial project subject to the grant.

(b) The grant of a smaller amount than the one requested, in which case the beneficiary may request that the adaptation of the activities provided for in the application be accepted. Such adaptation must be proportionate to the economic difference between the amount requested and the amount granted, while respecting the substantial objectives and characteristics of the initial project which is the subject of the grant.

c) The grant of the grant only for certain items of expenditure from among all those mentioned in the budget included in the application. In this case, the beneficiary may request, for duly substantiated reasons, that expenditure belonging to other concepts and the adaptation of the activities provided for in the application be accepted. Such adaptation must respect the substantial objectives and characteristics of the initial project which is the subject of the grant.

Article 11. Eligible expenditure.

1. Eligible expenses are those which are in accordance with the provisions of Article 31 of Law 38/2003 of 17 November and are in accordance with the provisions of the call, which may also impose on the amount attributable to the grant a limitation on certain types of expenditure.

2. The costs of legal or financial advice, notarial and registration costs and the costs incurred in carrying out the project are eligible if they are directly linked to the subsidised activity and are indispensable for the proper preparation or execution of the same.

3. In relation to the expenses of lecturers, rapporteurs or participants in programmes under grant, in the case of personnel assigned to the Ministry of Defence and their dependent bodies, only those referred to in the concepts of transport, accommodation and maintenance. These expenses shall be in accordance with the amounts provided for the staff of the Public Administrations in Chapter II, Section 3 of Royal Decree 462/2002 of 24 May on compensation for the service and other applicable rules.

Article 12. Justification for the grants.

1. The beneficiary is obliged to 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 or enjoyment of the grant.

The granting body shall check the appropriate justification of the grant, as well as the performance of the activity and the fulfilment of the purpose to determine the grant or benefit of the grant. In the performance of the mandatory verification, the bodies of the Ministry of Defence shall be able to intervene, on a proposal from the granting body.

2. The receipt of the supporting account shall be made by the beneficiary within a period of not more than two months from the end of the subsidised activity and, in no case, may exceed the deadline laid down in the call.

3. The form of justification for the grant shall be by means of supporting account with supporting evidence of expenditure, as provided for in Articles 72 and 73 of the Regulation of Law 38/2003 of 17 November.

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

Article 13. Payment of the grants.

1. The payment of the grants shall be made by bank transfer after the award decision has been made, where the subsidised activity has been carried out and the grant has been properly justified in accordance with the provisions of the call and in the grant resolution.

2. In the event that the beneficiary fails to fulfil the obligation to develop the subsidised project as provided for in the application and subject to the conditions imposed, where appropriate, by the granting decision or the obligation to fulfil the obligation of justification in accordance with the rules in force, in the call and in the decision to grant, the granting body shall determine not to proceed with the payment of the grant in the event of total non-compliance.

The partial payment of the same in the case of partial non-compliance will proceed, with a degree of proportionality based on the activities carried out and properly justified on the whole of the project.

3. At the time of payment of the subsidy, the accreditations of the fact that the beneficiary is current in compliance with the tax obligations and with the Social Security must be in force. The payment of the grant may not be made as long as the beneficiary is a debtor by resolution of the origin of the refund, as stipulated in Article 34.5 of Law 38/2003 of 17 November.

4. It will be an essential condition for the beneficiary to be discharged from the Central File of Third Parties of the General Secretariat of the Treasury and Financial Policy for the purposes of its compulsory collection by transfer, an ordinary form of payment of the obligations under the General Administration of the State, all in accordance with the provisions of Order PRE/1576/2002 of 19 June 2002 governing the procedure for the payment of obligations of the General Administration of the State.

Article 14. Subcontracting of the subsidised activities.

Subcontracting should be in line with the provisions of Article 29 of Law 38/2003 of 17 November and Article 68 of the Regulation of Law 38/2003 of 17 November. In the case referred to in Article 29.3 of that law, the beneficiary shall, in writing, request the prior authorisation of the granting body in writing.

Article 15. Compatibility of the grants.

The subsidies regulated by these bases are compatible with other grants or aid for the same purpose and project, coming from any public or private, national or international authorities, provided that the amount of the same amount is such that, in isolation or in competition with other grants or aid, it does not exceed the cost of the subsidised activity or implies a decrease in the amount of the own financing required, case, to the beneficiary to cover the subsidised activity.

In accordance with Article 14.1.d of Law 38/2003 of 17 November, the beneficiary is obliged to inform the authority of the granting of other grants or aid to finance the activities (a) as soon as it is known and, in any case, prior to the justification of the application given to the funds received.

Article 16. Failure to comply with and refund of grants.

1. Any alteration of the conditions under consideration for the grant of the subsidy and, in any event, the concurrent obtaining of other subsidies or aid for the same activity granted by public or private bodies in breach of the scheme provided for in these regulatory bases or in the call for and in the decision to grant, may give rise to the amendment of the decision to grant or, where appropriate, the cancellation of the decision.

2. In the event of non-compliance with the conditions laid down for the grant of the grants, for their graduation and determination of the amount to be collected at the end of the grant, the beneficiary shall be subject to the provisions of Article 13.2.

3. In accordance with the provisions of Titles II and III of Law 38/2003 of 17 November, and Title III of the Regulation of Law 38/2003 of 17 November, as a consequence, both the development of the internal proceedings of the granting body in the any time for the processing of the subvencional procedure, as well as the financial control of the grants, it can be determined that the recovery of the amounts received and the requirement of interest for late payment are appropriate from the time of payment of the subsidy to the date on which the source of the subsidy is agreed reintegrated when the legally established causes are present.

The amounts to be reintegrated will have the consideration of income from public law, resulting from application for their collection as provided for in Law 47/2003, of November 26, General Budget.

4. In any case, the following rules shall be taken into account:

(a) The drawback shall be total where the committed activities have not been carried out and, where they have been partially performed, shall be proportional to the unrealised part.

(b) The concurrent collection of grants or aid which has not been previously communicated by the beneficiary will result in the total recovery of the amounts received, or partial in the event of the grant or aid concurrent is less than the granted in accordance with the grant resolution.

Article 17. Responsibility and sanctioning regime.

The beneficiaries of the grants will be subject to the responsibilities and the sanctioning regime which 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, Chapter II of Law 30/1992 of 26 November, in accordance with the provisions of Article 67.1 of Law 38/2003 of 17 November.

Additional disposition first. Delegation of powers.

By virtue of the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, it is delegated to the Secretary General of Defense Policy the powers provided for, respectively, in Articles 23.2 and 10.1 of Law 38/2003 of 17 November, General of Grants, to carry out the call and grant the grants called for under the established regulatory bases for this ministerial order-including the approval and commitment of expenditure in the terms laid down in Article 34 (1) and (2) of Law 38/2003 of 17 November-as well as the granting of the authorisation provided for in Article 29.3.b) of Law 38/2003 of 17 November 2006 and the competition for the resolution of the refund procedure for grants, as referred to in Article 41.1 of the same law.

Additional provision second. Strategic planning instrument.

The General Secretariat of Defense Policy will propose the necessary adjustments to the strategic planning instrument, provided for in Article 8 of Law 38/2003 of 17 November, and Articles 10 to 15 of the Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of July 21, in such a way that the objectives and effects that are intended with its application, as well as the budget available for it, respond with (a) the effectiveness of the changes produced in each financial year, subject to compliance with the objective of budgetary stability.

Single transient arrangement. Scheme applicable to grants called prior to the publication of this ministerial order.

To the grants whose concession would have been dealt with prior to the publication of this ministerial order will apply to them the regulations in force at the time of their convocation.

Single repeal provision. Regulatory repeal.

1. The following provisions are repealed:

(a) Order DEF/3557/2008 of 3 December 2008 approving the regulatory basis for grants for the promotion and dissemination of the defence culture and the image of the Armed Forces.

b) Order DEF/783/2012 of 12 April, adapting to the new structure of the Ministry of Defence the Order of 3 December 2008, Order of 3 December 2008, approving the regulatory bases for grants for promotion and dissemination of the culture of defense and the image of the Armed Forces.

2. Likewise, all rules of equal or lower rank are repealed in that they contradict or oppose the provisions of this ministerial order.

Final disposition first. Applicable rules.

The provisions of Law 38/2003 of 17 November of 17 November in Law No 38/2003 of 17 November 1992 on Law 30/1992 of 26 November and any other provision shall apply to the provisions of Law 38/2003 of 17 November. rules which by its nature may be applicable.

Final disposition second. Dispositive faculties.

The Secretary-General of Defense Policy is empowered to dictate how many provisions are necessary for the implementation of the provisions of this ministerial order.

Final disposition third. Entry into force.

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

Madrid, February 9, 2015. -Minister of Defense Pedro Morenes Eulate.