Advanced Search

Order Aec / 1281/2009 Of 14 April, By Fixing The Regulatory Basis For Awarding Grants For Holding Conferences, Seminars And Workshops Related To Development Cooperation.

Original Language Title: Orden AEC/1281/2009, de 14 de abril, por la que se establecen, las bases reguladoras para la concesión de subvenciones para la celebración de congresos, seminarios y jornadas relacionadas con la cooperación para el desarrollo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 1124/2008, of 4 July, for which the basic organic structure of the Ministry of Foreign Affairs and Cooperation is developed, gives the Secretariat of State for International Cooperation assistance to the Minister for Foreign Affairs and Cooperation in the direction, formulation and implementation of the development cooperation policy.

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 execution of the policy of cooperation for the In its planning and coordination, it administers the cooperation resources managed by the Ministry of Foreign Affairs and Cooperation; it ensures Spanish participation in international development aid organizations and defines the position of Spain in the formulation of the Community development policy . 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, of International Cooperation for Development, the Four-Year Directors Plans of Spanish Cooperation (currently, the Plan Director of the Spanish Cooperation for the period 2009-2012, approved by the Council of Ministers Agreement of 13 February 2009) and the Annual Plans of International Cooperation, concreteness for the scope of the development cooperation the objectives and effects that they are intended to establish the subsidies provided for in this Order of Bases, the time required for its establishment, the foreseeable costs and their sources of funding.

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. Purpose.-The subsidies regulated in these bases are aimed at the financing of congresses, seminars and conferences related to international development cooperation, in accordance with the objectives of the Plan Director Spanish cooperation for the period 2009-2012, being linked to the fulfilment of the horizontal, sectoral and geographical priorities of Spanish cooperation, with a cross-cutting approach to respect for gender equality, human rights, social inclusion and the fight against poverty, environmental sustainability and respect for cultural diversity.

Second. Calls.-The calls, which shall be made public in the Official Gazette of the State, shall be made by Resolution of the holder of the Secretariat of State of International Cooperation, which shall conform to the provisions of this 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 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 Secretariat of State for International Cooperation.

Fourth. Beneficiaries. -As a general rule, 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 that 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, if applicable, compliance with the tax obligations, with the Social Security and the tax residence according to the provisions of the art. 22 of the Royal Decree 887/2006, of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants.

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

Fifth. Form and time limit for the submission of applications. -Applications for grants shall be formalised by the persons concerned or persons who prove their representation by any means valid in law.

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 items:

Address and coordination.

Materials and Equipment.

Indirect expenses imputed.

Applications shall be submitted to the Secretariat of State 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 the Article 38.4. of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of 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. The amount of the grant. The amount of the subsidy shall be less than € 60,000 per activity, 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 the General Law on Subsidies.

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

1. The competent authority for the procedure shall be the holder of the Directorate-General for Planning and Evaluation of Policies for the Development of the Secretariat of State for International Cooperation.

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: The head of the Cabinet Office of the Secretariat of State for International Cooperation.

Vice President: The holder of the General Planning, Development Policy and Aid Effectiveness.

Vocals: Three Advisers to the Cabinet of the Secretariat of State for International Cooperation, acting as Secretary of the Commission.

3. The competent body for the resolution of the procedure is the holder of the Secretariat of State for International Cooperation.

Eighth. General assessment criteria. -Applications submitted shall be assessed and selected taking into account the assessment criteria (V) contained in the relevant call which, among others, shall be considered in their technical assessment (Vt) the 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.

Merits 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 grant 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 carried out under competitive competition in the terms established in the General Law of Grants.

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 the General Grant Act, shall express the beneficiary or the relationship of beneficiaries and, where appropriate, the alternates for which the beneficiary is proposed. 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 art. 63 of RD 887/2006 of July 21 approving the Regulation of Law 38/2003 of November 17, the competent body will resolve within 15 days from the date of elevation of the motion of resolution.

The resolutions shall be reasoned, and the basis of the resolution to be adopted shall be accredited in accordance with the provisions of Article 25 (2) of the General Law on Grants.

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 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 dispute before the Administrative-Administrative Chamber of the National Court, pursuant to Law 29/1998, of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction, not being able to interlock simultaneously 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 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 from the date of acceptance of the grant by the beneficiary, in a single advance payment with no 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. Amendment of the Resolution and Finalization for non-compliance. -When during the execution of the activity there are circumstances that alter or seriously hinder the development of the activity, the Secretariat of State for International Cooperation You can 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 Secretary of State for International 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. -According to Art.75 of Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants, the beneficiaries of the grants will justify the carrying out activities and expenditure effected by the presentation of a simplified supporting account within three months of the completion of the actions supported, in Spanish or translated into Spanish, unless the invitation to tender, 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-In accordance with the provisions of art. 14 of Law 38/2003, of 17 November, General of Grants, 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 entity 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 the General Grant Act.

14th. Graduation of the breaches of the conditions imposed. -In accordance with the provisions of Article 17.3.n of the General Law of Grants, the following criteria are laid down for the graduation of the non-compliances the conditions imposed for the grant of the grant, with an indication of the percentages of subsidy drawback 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 will be governed by the provisions of the art. 42 of the 38/2003 of November 17, General of Grants and Art. 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 infractions in the field of grants establishes Title IV of the General Law of 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.

sixteenth. Development and Enforcement. -The holder of the Secretariat of State of International Cooperation is empowered to issue any instructions necessary for the execution of this Order.

seventeenth. -For all the purposes not provided for in this Order of the regulatory bases will be applied in an extra way the provisions of the Law 38/2003, of 17 November, General of Grants, Royal Decree 887/2006 of July 21, for which I know approves the Regulation of Law 38/2003 of 17 November in Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and any other provision of legislation which by its nature might be applicable.

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. The Order AEC/2560/2005 of 27 July (B.O.E. of 5 August) of the regulatory bases for the award of grants for the holding of congresses, seminars and conferences related to international cooperation for the development.

Final disposition.

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

Madrid, April 14, 2009. -Minister of Foreign Affairs and Cooperation Miguel Angel Moratinos Cuyaube.