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Order Bce/2479/2009, Of 3 September, Establishing The Regulatory Bases For Granting, Through Open Call For Grants For The Internationalization Of Spanish Culture And Science.

Original Language Title: Orden AEC/2479/2009, de 3 de septiembre, por la que se establecen las bases reguladoras para la concesión, mediante convocatoria abierta, de subvenciones para la internacionalización de la cultura y la ciencia españolas.

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Under Royal Decree 1403/2007 of 26 October, the Spanish Agency for International Cooperation for Development (AECID) is empowered to promote, manage and implement the powers conferred on the Ministry of Foreign Affairs Foreign and Cooperation for the promotion and development of cultural and scientific relations with other countries.

Given the profound transformation of the model of society, the so-called "knowledge society" presents a new scenario in the sphere of international relations. The increasing mobility of information, within which the creations in the artistic, cultural and scientific fields are included. In addition to the permeability of the borders of this globalized world and the multiplicity of communication channels and exchange vehicles, new instruments of international promotion and cooperation should be presented. take advantage of the potential benefits of these transformations at global level. Culture today is one of the key factors for the development of societies; cultural industries move many capitals internationally.

Cultural creation no longer occurs at local or national level. The creators interact on a global scale and their productions respond to more generational concerns than local ones; this represents a major change in the policy of promotion and projection of Spanish culture abroad, promoting the Spanish presence in different cultural manifestations and supporting the dissemination of the creative activity of contemporary artists and the presence of the Spanish cultural industry.

The Spanish Agency for International Cooperation for Development is interested in contributing to the dissemination of the work of our creators and to contribute to this mobility, showing in the international arena diversity cultural and the plurality and richness of the Spanish cultural reality, so it is intended to help economically those who promote artistic projects in this sense.

Therefore, it is considered necessary to draw up a ministerial order establishing the general regulatory bases for the granting of such aid, in accordance with the provisions of Law 38/2003 of 17 November, General de Grants and in the Regulation which is developed by the Royal Decree 887/2006 of 21 July. Article 59 of that Regulation defines the concept of open call and develops the requirements to be previously established for the use of this procedure.

Articles 4 and 25f) of Law 50/1997, of 27 November, of the Government and Article 17 of Law 38/2003 of 17 November, General of Grants enable the Minister for Foreign Affairs and Cooperation to approve of the regulatory basis for the award of grants.

By virtue of all this, prior to the report of the State Advocate at the AECID, the Delegation of the General Intervention of the State and the Technical General Secretariat of the Ministry of Foreign Affairs and Cooperation, Available:

1. Purpose and purpose of the grant. -The subsidies regulated in these bases are intended to contribute to the internationalization of Spanish artistic production and to the cultural and scientific dissemination in its various modalities.

2. Calls.-The Presidency of the Spanish Agency for International Cooperation for Development, AECID, or the body in which it has delegated the competence, shall make public in the Official Gazette an annual call in which it is establish the number of selection procedures that will be in competitive competition as provided for in Article 22 of the General Grant Law. This call shall determine the budgetary appropriations to be allocated to each procedure and the time limits for the submission of applications and the maximum time limits for the resolution of each of them and shall indicate the priorities for the granting of grants.

The appropriations allocated to each procedure and not committed after its resolution may be cumulated with the appropriations allocated to the following procedures of the call, without which they may in any case undermine the appropriations. rights of applicants for the period of origin. To do this the criterion will be to assign all the excess quantity to the next period and so on. In addition, the appropriations allocated to the call may be increased as a result of generations, additions or extensions of the budget headings which finance it, provided that they have been approved before concession. In both cases the effectiveness of the additional amount shall be conditional on the declaration of availability of the credit by resolution of the body which approved the call.

The distribution of the maximum total amount of the grants called between the budget appropriations allocated to the call will be estimated and its alteration will not require a new call but changes to be made to the expenditure file.

Both the statement of available credits and the definitive distribution of the credits, if any, shall be published in the Official State Gazette prior to the granting of the grant.

3. Beneficiaries. -They shall be considered to be beneficiaries of the persons who have to carry out the activity which is based on their grant or who are in the situation that legitimizes their concession.

The Spanish citizens, foreign citizens resident in Spain, as well as legal persons and public or private entities, national or foreign, may be beneficiaries of the subsidies regulated in this Order. that meet the following requirements:

(a) Natural persons: Haber met the age of majority.

b) Legal persons: being legally constituted.

(c) Groups of natural or legal persons without legal personality: Each of the natural or legal persons who integrate them must meet the requirements that the case determines is determined by this provision and, in addition, they will be subject to the obligations laid down in Article 11 (3) of the General Law on Subsidies for the same purposes.

In all cases:

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

To be found, if any, of the Spanish tax and social security obligations.

The natural or legal persons in which one of the circumstances referred to in Article 13 (2) and (3) of Law 38/2003, 17, shall not be eligible for the subsidies covered by this standard shall not be eligible for the grant. November, General Grant (BOE of 18.11.2003).

4. Form and time limit for the submission of applications. -Applications for grants shall be made by the persons concerned, or persons who prove their representation by any means valid in law. To this end, the AECID shall establish the corresponding forms to be collected in the call.

Together with the grant application form, the following documentation must be presented below, in Spanish, or accompanied by translation:

(a) In the case of legal persons, certified copy of the accreditation of being legally constituted and registered, and of the Tax Identification Code.

b) Whether it is foreign natural persons, residence card in Spain or passport and Curriculum vitae updated.

c) In the case of legal persons a Memory of the activities carried out in the last two years.

d) The supporting document detailing the activity or activities and the purpose for which the aid is requested. The presentation of a graphic dossier, CD-Rom, web link or any other support showing the project, the work or activity to be financed will be accepted.

e) Economic memory containing the general budget of the activity. This shall be clearly broken down and the expenditure to be financed by the AECID shall be highlighted.

f) You must provide, if applicable, documentation that the applicant has been invited to participate in the event or that his or her attendance has been accepted by the organizer.

Applications shall be submitted to the Director of the Spanish Agency for International Development Cooperation and may be submitted by any of the following routes:

In the General Register of the Spanish Agency for International Cooperation for Development.

In Government Delegations and Subdelegations.

In the Spanish post offices, with the envelope open so that its interior can be sealed with the filing date, so that it will be indicated in the Spanish post offices, as established by the RD 1829/1999, December 3.

By any of the other 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 (LRJ-PAC) (BOE of 27 November 1992), as amended by Law 4/1999 of 13 January.

Applications from abroad may be filed in the Registers of the diplomatic representations or consular offices of Spain, or in the Registers of the AECID Units abroad. The stamp of entry of the same shall appear on the application, which shall determine the date of filing.

The call will set the deadlines for submission of applications for each of the selection procedures. The first of these shall be opened on the day following that of the publication of the notice of call in the Official Gazette of the State and shall be closed on the date to be determined on that notice. The following procedures shall be opened on the day following the closure of the previous application submission deadline and their closing date shall be determined in the call resolution.

The Valuation Commission may determine that applications which, having obtained a sufficient assessment according to the criteria set out in the call, will not be selected in the relevant procedure (a) as a result of the failure of the credit allocated to it, a list of alternates duly ordered in accordance with the above criteria can be established to replace those initially approved in the event of the express waiver of the applicants ' You are free enough credit.

The application as well as the required documentation to be determined in the call shall be submitted in Spanish or in other languages, where applicable, as set out in the call resolution.

The AECID may provide that the submission of applications shall be made by computer means, in which case the applicable procedures shall be determined in the relevant call.

5. Objective criteria for assessment.-In accordance with Article 17.3.e of the General Law on Subsidies, the proposals submitted shall be assessed and selected taking into account the following objective criteria, the parameters of which are: Assessment shall be detailed in the relevant call.

(a) The adequacy of the activity projected to achieve the intended purposes in each call, as well as the impact of the activity. (2 points).

b) The adequacy of the budget to the objectives of the submitted project (1 point). The proportionality of the budget presented for the purposes of the project shall be assessed.

c) The quality, feasibility, and innovation of the project or activity (2 points).

d) The experience or trajectory of the natural or legal person within the activity for which the aid is requested (1 point).

e) The impact of the action on the creation of stable networks of collaboration between entities of the same scope (1 point).

f) Project consolidation and sustainability capacity over time (1 point).

g) The financial participation and organizer of other institutions of sufficient prestige (1 point).

h) In the case of assistance to international events, the prestige, recognition and international projection of the event will be valued, as well as the invitation to the applicant or acceptance, by the organizer of the event, participation in the same (1 point).

6. Amount of the Subsidy.-The amount of the subsidy shall be fixed in accordance with the budget and documentation provided by the applicant, the budgetary resources and the report raised by the Commission of Valuation on the basis of the criteria fixed in the call resolution

The amount granted shall only be applicable to the costs incurred in carrying out the activities underlying the grant, with the specifications to be determined by the decision to call and the grant.

The amount of the grants to be granted may not exceed the amount requested and if, on the other hand, less than that expressed by the applicant when the Commission of Valuation considers it appropriate. In this case, the beneficiary may be asked to reformulate its application to adjust the commitments and conditions to the grant.

The subsidies regulated in these bases will be compatible with other aid which has the same purpose, provided that the amount of the subsidy, in no case is such that, in isolation or in competition with other grants or aid, exceeds the cost of the subsidised activity as provided for in Article 19 (3) of the General Grant Act.

The relevant call will set out the criteria for determining the individual amount of aid.

7. Procedure of Concession.-In accordance with the provisions of Article 17.3.d) and Articles 23 to 27 of the General Law on Subsidies, the procedure shall be carried out by means of a public call for competitive competition. For these purposes, the procedure by which the grant of grants is made by comparison of the applications submitted, in order to establish a ranking between them, shall be regarded as competitive. with the valuation criteria set out in each call and award, with the limit set in that call within the available credit, those which have obtained the highest valuation in application of the above criteria.

8. Instruction of the Procedure.-The competent organ for the instruction of the procedure shall be the holder of the Directorate of Cultural and Scientific Relations, which shall be assisted by the Commission of Valuation constituted for that purpose.

The Valuation Commission will be constituted as follows:

President: El/the head of the Cultural Relations Directorate and Vice President: El/the head of the Department of Cooperation and Cultural Promotion or the head of the Department of University Cooperation and scientific.

Vocals: Five vowels appointed by the Cultural and Scientific Relations Directorate, acting one of them as the Secretary of the Commission.

The applications and documentation submitted will be informed by the Valuation Commission, whose report will be mandatory and non-binding.

For its composition, the provisions of Article 26.1.d of the Organic Law 3/2007 of 22 de mazo for effective equality between women and men in which it is established that the representation is respected and guaranteed balanced in the various consultative, scientific and decision-making bodies in the artistic and cultural establishment plan.

The Commission may seek the assistance of institutions or experts in these areas which may not be linked to aid beneficiaries.

The Commission shall meet after the end of the error rate and shall be validly constituted on a second call with the assistance of the President or Vice-President, the Secretary and one at least of his Vocals.

The Commission shall meet within the deadlines set out in the relevant calls.

In accordance with the provisions of Article 24 of the General Law on Grants, it is for the competent authority to carry out, on its own initiative, how many actions it deems necessary for the determination, knowledge and verification of the data and documents by virtue of which the motion for a resolution is to be submitted.

9. Resolution and notification of the concession. The Commission of Valuation, in the light of all the actions, will formulate through the instructor the corresponding proposals of resolution.

Such proposals, as provided for in Article 24 (4) of the General Grant Act, shall be expressed by the applicant or the applicant's relationship for which the grant of the grant is proposed, as well as of the alternates where appropriate and the proposed amount, and the assessment and the valuation criteria used to carry out the assessment may be specified.

The competent body for the resolution of the procedure, with the subsequent grant or refusal of the grants, is the Presidency of the Spanish Agency for International Cooperation for Development, without prejudice to the delegations to be established in favour of the Director of the Spanish Agency for International Development Cooperation.

In accordance with the provisions of Article 25 (2) of the General Law on Subsidies, the resolutions shall be reasoned, with a brief reference of facts and grounds of law, and shall in any case be (a) the basis of the resolution adopted in the proceedings.

Resolutions shall be issued and notified to the persons concerned within the maximum period of six months from the date of completion of the submission of applications for each procedure. They shall determine the specific conditions and the amount of the grant awarded, which shall be paid in one or, where appropriate, in several instalments, and may be for the total or partial amount of the amount requested. The Resolutions shall also contain the reserve list to which the fourth base of the same Order refers.

10. System of resources. -Against these resolutions, which end the administrative route, as established by the additional 15th of Law 6/1997, of April 14, of Organization and the Functioning of the General Administration of the The Commission may, within one month of the day following its notification in accordance with Article 116 of Law No 30/1992 of 26 November 1992, bring an action for the replacement of a replacement for a period of one month from the date of its notification. General Government and the Common Administrative Procedure, in the wording given by Law 4/1999, of 13 January, or litigation-administrative action before the National Court under Law 29/1998 of July 13, regulator 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 Gazette of the State, with indication of the beneficiary, name of the activity, economic file number, budget application and amount.

11. Payment of the grants, for the amount granted, shall be made in general in a single advance payment without guarantee, by bank transfer, upon acceptance of the beneficiary, remaining from that moment the beneficiary to the deadlines, forms of justification and obligations set out in the following paragraphs of this Order.

12. Amendment of the Resolution and Completion of Incompliance. -Where, during the implementation of the subsidised activity, there are objective circumstances which adversely affect or hinder the development of the activity, the beneficiary may request the modification of the grant resolution. Substantial modifications will be considered only those that affect local objectives, results or partners.

In order to proceed with such modifications, the presentation, to the AECID Directorate, of a reasoned request, shall be necessary within a period not exceeding one month from the appearance of the circumstances justifying it. Also, extensions to the run-time period must have the required authorization.

The Presidency of the Spanish Agency for International Cooperation for Development or the relevant body under the appropriate delegation of powers will dictate the resolution amending the grant, which will be notify within the maximum period of 45 days from the date of submission of the request for amendment.

Elapsed the maximum period established without the express resolution being given can be understood to be dismissed the application in accordance with the provisions of article 44.1 of Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure, in its wording given by Law 4/1999, of 13 January, without this exemption from the legal obligation to resolve.

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 on the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the wording given by Law 4/1999, of 13 January, or administrative-administrative proceedings before the National Court in accordance with Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction, not being able to simultaneously interface both resources.

The AECID may terminate any of the interventions when substantial breaches of the obligations incurred by the beneficiary are detected. In this case, it will require the submission of the final report and the recovery of the amounts received and the interest for late payment.

13. Time limit and form of justification.-the beneficiaries of the grant must present the justification for the activities and the expenditure incurred within four months of the end of the actions supported, or translated into Spanish, unless the call for action, in the light of the characteristics of the subsidised activity, establishes a shorter period.

Unless other requirements are laid down in the call for attention to the subsidised activity, this justification shall be made by submitting the following documentation:

The explanatory memory of the activity performed on the terms that are expected in the request.

Economic report, comprising all the documentation justifying the expenditure incurred in respect of the grant awarded and which shall be carried out in the form of a supporting account, including the declaration of the activities performed and their cost with the breakdown of each of the expenses incurred.

When the activities have been financed, in addition to the grant, with own funds or other grants or resources, the amount, provenance and application of such funds to the supported activities.

If the supporting documents show an amount lower than the grant, the non-justified portion of the grant awarded shall be reimbursed.

This justification shall be made in accordance with the provisions of the regulatory rules for the justification of grants established by the AECID and, in any case, as provided for in the current grant law.

14. Obligations of the Beneficiary. -beneficiaries shall use the grant for the purpose for which it has been granted.

Specifically, they are the beneficiary's obligations:

Accept in writing the grant awarded within the maximum time limit set in the call upon receipt of the concession notice. If it is not accepted within that period, it shall be deemed to be waived.

Perform the activity that underpins the grant of the grant.

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.

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

Communicate to the authority immediately to obtain other grants or aid to finance the same subsidised activity and, in the case before, the justification for the application of the funds granted.

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

Incorporate in a visible way in the material of promotion and publicity of the activities supported the collaboration of the AECID, by means of the logo previewed in the normative on the institutional image of the Administration State General.

Proceed to the reimbursement of funds received in the cases referred to in Article 37 of the General Grant Act.

Perform all actions that are set on each call.

15. Responsibility and sanctioning regime. -The beneficiaries of the grants will be subject to the responsibilities and the sanctioning regime which, on administrative infractions in the field of grants, establishes Title IV of the General Law Grants. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January 1999. an agreement with the provisions of Article 67 (1) of the General Law on Subsidies.

16. Recovery and Graduation of the non-compliance with the conditions imposed. The recovery of the amounts received and the requirement of the interest of the corresponding delay from the moment of the payment of the grant until the date that is agreed the reimbursement of the grant in the following cases:

a) Getting the grant without meeting the required conditions.

(b) Total or partial non-compliance with the objective, activity, project or non-adoption of the behaviour that underlie the grant of the grant.

c) Failure to comply with the justification obligation.

(d) Failure to comply with the obligations imposed by the Administration, as well as the commitments made by the beneficiaries on the basis of the grant of the grant.

The procedure for drawback is governed by the provisions of Chapter II of Title II of the General Grant Law.

In accordance with the provisions of Article 17.3 (n) of the General Law on Grants, the following criteria are laid down for the graduation of the non-compliance with the conditions imposed for the granting of the grant, with an indication of the percentages of subsidy drawback that will be required in each case:

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

Failure to comply with the time limit for the implementation of the activity without having authorised the relevant extension: 20%, except in those cases which are not liable to be extended by the very nature of the activity, in which The total recovery will be carried out.

Delay in submission of insufficient or insufficient justification or justification: 10 per 100.

In the case of partial non-compliance, the fixing of the amount to be reintegrated by the beneficiary will be determined in accordance with the principle of proportionality, which can be modulated taking into account the fact that compliance is significantly approximated to full compliance, and a performance is credited to the beneficiaries for compliance with their commitments.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed in what is contradicted or opposed to the provisions of this Order.

Order AEC3622/2006 of 20 November 2006 laying down the regulatory bases for the award of grants for mobility in the field of cultural and scientific relations is hereby repealed. as well as Order AEC/2375/2007 of 11 June 2007 amending the previous one

Final disposition first. Extra rules.

For all that is not provided for in this Order of regulatory bases, the provisions of Law 38/2003, of 17 November, General of Grants and in its Rules of Procedure, of Law 30/1992, of 26 of the November, the Legal Regime of Public Administrations and the Common Administrative Procedure, and any other provision that may be applicable in nature.

Final disposition second. Development and execution.

The Presidency of the AECID is empowered to dictate how many instructions are necessary for the execution of this Order

Final disposition third. Entry into force.

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

Madrid, 3 September 2009.-The Minister of Foreign Affairs and Cooperation, Miguel Angel Moratinos Cuyaube.