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Order Fom/3591/2008, Of 27 November, Which Approve The Regulatory Bases Of The Granting Of Aid For The Formation In Relation To Road Transport.

Original Language Title: ORDEN FOM/3591/2008, de 27 de noviembre, por la que se aprueban las bases reguladoras de la concesión de ayudas para la formación en relación con el transporte por carretera.

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In the field of public road transport, it is necessary to encourage the training of professionals, both from hauliers and workers, by promoting more specialised courses on the subject. It is therefore considered appropriate to contribute to public funds, in accordance with the budgetary appropriations entered for the purpose, to the implementation of training courses or seminars by public or private bodies on road transport. It is therefore necessary to lay down the regulatory basis for the granting of such aid in accordance with the provisions of Law 38/2003 of 17 November, General of Grants and its Regulation, approved by Royal Decree 887/2006 of 21 December 2003. July. In its virtue, I have:

Article 1. Purpose and rules of application.

1. The purpose of this Order is the approval of the regulatory bases for the granting of training aid in relation to road transport.

2. The subsidies provided for in this Order will be governed, as not provided for in this Order, by the general provisions for State aid and subsidies in Law 38/2003 of 17 November, General Grants and their Regulations, adopted by the Commission. Royal Decree 887/2006 of 21 July.

Article 2. Subject to the aid.

The grants, the regulatory bases of which are set out in this Order, are intended to encourage the holding of courses or seminars on topics of interest to the road transport sector in order to improve the training of professionals in the sector as a whole.

Article 3. General requirements of the beneficiaries.

1. Persons in whom one of the following conditions is present may not obtain the status of a beneficiary: (a) Have been sentenced by a final judgment to the penalty of loss of the possibility of obtaining grants or public aid.

(b) Haber has applied for the declaration of contest, has been declared insolvent in any proceedings, found to be in contest, to be subject to judicial intervention or to have been disabled according to Law 22/2003, of 9 July, Concours, without the end of the period of disablement fixed in the judgment of qualification of the contest. (c) The final decision of any contract concluded with the Administration, due to the fact that they were found guilty, has been given. d) The physical person or those who have the legal representation of other legal persons in one of the cases of Law 5/2006, of April 10, of regulation of conflicts of interest of the members of the Government and others The Ministry of Public Administration, the General Administration of the State, Law 53/1984 of 26 December, Incompatibilities of Personnel to the Service of Public Administrations, or any of the elective offices regulated in the Organic Law 5/1985, of 19 June, of the General Electoral Regime, in the terms established in the same or in the regulations governing these matters. (e) Not to be current in compliance with tax obligations or in the face of social security. (f) To have the tax residence in a country or territory that is regulated as a tax haven. (g) Not to be paid in respect of the payment of obligations for reimbursement of subsidies in terms of which they are determined. h) Have been sanctioned by firm resolution with the loss of the possibility of obtaining grants as provided for in the General Law of Grants or in the Tax General Law.

2. Without prejudice to the faculty of the Subdirectorate General for the Management and Analysis of Transports by Road to demand the presentation of other documents and the possibility of crediting it through judicial testimony or administrative document, the justification for not being in breach of the prohibitions laid down in the preceding number shall be made by means of a responsible declaration issued to the administrative or notary authority, except in the case of the prohibition contained in paragraph e); require the submission of administrative certification.

Article 4. Requirements for the grant.

1. Such aid may be granted to professional associations of carriers or undertakings of ancillary and complementary road transport activities as defined in Article 1 of Law 16/1987 of 30 July 1985 on the Management of Land Transport, with at least three Autonomous Communities and, on the same terms, professional associations of workers. Exceptionally, they may be granted to other non-profit, public or private entities, with established links to the land transport sector, which meet particularly suitable conditions for providing knowledge on transport. land. The aid shall be granted for the following activities: training courses or training courses for employers or workers in the road transport sector and ancillary and ancillary activities, except for: courses aimed at obtaining professional training certificates.

Courses or seminars whose content is directly related to road transport.

2. The cost and duration of the courses, as well as each of the courses included, will be adjusted to the type courses developed by the Directorate General for Road Transport, which will be published on the website of the Ministry of Public Works. the call for aid has been published in the Official Gazette of the State.

Article 5. Applications.

1. The legal persons who wish to obtain the grants must request it in writing to the Director General of Transport by Road of the Ministry of Public Works, which will be accompanied by the documents certifying compliance with the the requirements necessary for the granting of the aid requested. Applications shall be submitted in advance to the performance of the activity and shall be accompanied by the detailed budget, a description of the content of the courses or seminars, as well as an explanatory and supporting memory of their convenience, specifying the collective to which they are intended; they may also be accompanied by a number of documents which may be considered to facilitate the assessment of the aspects referred to in Article 7.2.

The personality of the requesting entity must be credited by authorized copy of the document of incorporation, duly registered in the corresponding Register, and tax identification card. The time limit for the submission of applications shall be one month from the day following that of the publication of the notice in the Official Gazette of the State. The applications, in accordance with the models that appear as anejos of this Order and with what is established in the call, which may be modified in Annex 1, may be presented in the General Register of the Ministry of Public Works, Castellana, 67, 28071 Madrid, or through any of the forms provided for in the legislation of administrative procedure. 2. The application shall also be accompanied by a statement of the aid obtained or requested from any other State, national and international departments, administrations or public or private entities, the actions to be supported. 3. In addition to the documents expressly specified in the order of this Order, the petitioners of the grants may accompany their application with all the others they consider to be able to justify them, in particular to facilitate the estimation of the degree of reliability of the data and forecasts included in the projects. 4. The Subdirectorate-General for Road Transport Management and Analysis, once the application has been received with the relevant documentation, may require the person concerned to remedy the deficiencies within the 10-day time limit. (a) the documentation or information deemed necessary for the proper resolution of the request, indicating that, if it does not do so, the request shall be withdrawn.

Article 6. Procedure.

The procedure for granting grants will be initiated by means of a call approved by the Director-General for Road Transport by delegation of the Minister for Development, to be published in the Official Journal of the European Union. State. ' The call may specify the way in which the requirements laid down in this Order are met and the model of Annex 1 to be amended.

The procedure will be processed under competitive competition; the management and instruction will be carried out by the Subdirectorate General for the Management and Analysis of Road Transport. The assessment of applications shall be carried out by a valuation committee chaired by the Deputy Director-General for the Management and Analysis of the Road Transport or the person appointed by it, and shall form part of the same three. Members appointed by the President, one of the Subdirección General de Ordenación y Normativa, one of the Inspection of the Transports by Road and one of the Management and Analysis of the Transports by Road. The assessment committee may request any information it deems necessary and shall formulate the motion for a resolution through the instructor. The file will be incorporated in the report of the Subdirectorate-General for the Management and Analysis of the Transports by Road, in which it is stated that, of the information in its possession, it is clear that the beneficiaries meet all the requirements.

Article 7. Criteria for assessment and weighting of the same.

1. For the granting of such aid, it will be assessed, first, that the applicant is a member of the National Road Transport Committee, with the bulk of the quantities available for these entities.

The 10 per 100, at least, will be granted to entities that meet the necessary requirements and do not belong to the National Committee for Road Transport. 2. Within each of the two indicated groups the following will be weighted assessment criteria:

The adequacy of the subjects to be studied in the public interest of road transport and the training needs of the sector, up to 10 points.

The degree of representativeness or implementation of the organizer, up to 5 points. Linking the entity to the road transport sector, up to 5 points. The concrete content of the course, its duration and cost, up to 10 points. The volume of the training actions covered by these aids in previous years and the correct implementation thereof, as well as the fulfilment of the conditions of granting in the aforementioned exercises, up to 10 points.

Article 8. Maximum and individual amount.

The aid shall be granted in accordance with the budget appropriations available for each financial year and may cover, at most, 90 per 100 of the total cost of the courses, unless they are provided by public bodies, in The case may cover up to 100 per 100.

To determine the amount to be awarded for each selected course or seminar, in accordance with the criteria set out in the previous article, the costs published in the type courses to which it refers will be taken into account Article 4.2.

Article 9. Grant.

The aid will be granted by way of a decision given by the Director General of Transport by Road, by delegation of the Minister of Public Works. The decision shall be reasoned, with reference to the assessment criteria which have been followed and the weighting, shall contain the list of beneficiaries who have obtained the grant, the courses which are the subject of the grant and the amount of It is for each of them to state, in an express manner, that the rest of the applications have been rejected. The grant resolution may lay down mandatory enforcement conditions for the beneficiaries and shall be published in the "Official State Gazette". Without prejudice to its publication, the Subdirectorate-General for the Management and Analysis of Road Transport shall notify individually those who have benefited from this circumstance, as well as the amount granted, requiring them to provide the necessary documentation for the payment of the grant.

The deadline for resolving and notifying the resolution will be six months from the date of publication of the call. After this period has not been notified, the parties concerned may understand their request. The decisions of the Directorate-General for Road Transport shall terminate the administrative and administrative road, which may be brought, either as a matter of fact, as a replacement or directly challenged in the jurisdiction of the Court. administrative-litigation.

Article 10. Requirements for the payment and justification of the fulfilment of the purpose and the application of the funds.

1. The payment of the grants shall, in principle, be paid once the completion of the activities and expenses for which they were granted has been documented, within the time limits laid down in the decision granting and in the referred to in paragraph 4.

2. Notwithstanding the foregoing, the payment may be made immediately upon its granting, even if no documentary evidence has been made of the costs to which the aid is to be financed, where such aid is provided for. proof of the lodging of a guarantee before the General Deposit Box at the disposal of the Directorate-General for Transport by Road for the total amount of the grant or, where appropriate, of the part of the grant in respect of which it is not (a) the necessary justification for the expenditure, in accordance with the provisions of the General Fund Regulation de Deposits, approved by Royal Decree 161/1997 of 7 February. In such cases, the financial returns generated by the funds provided to the beneficiaries shall be understood to compensate for the cost of the guarantee and, as a result, shall not be considered as an increase in the amount of the grant. The guarantee shall be lodged for an indefinite period and shall be enforced if the justification for the expenditure envisaged within the time limit determined in the decision to grant is not produced. The guarantee shall be totally or partially cancelled by the Director General of the Road Transport, as soon as the justification for the performance of the activity and the eligible expenditure is ascertained, or where the corresponding quantities have been reintegrated. 3. In any event, before 1 October of the year in which the aid has been granted, the applicant for the grant shall have to submit, either the justification for the costs of the courses or seminars, the documentation referred to in the the following paragraph, either the proof of the lodging of the guarantee in the event of failure to do so. 4. Where the payment is made, the performance of the courses or seminars and the corresponding expenditure must be justified before a month has elapsed since the end of the activity and, in any event, before 31 December. July of the year following the granting of the aid. The justification for the fulfilment of the purpose for which the grant was awarded shall be made on the basis of the supporting evidence, including the supporting documents and the statement of revenue received from the course of the courses. Expenditure shall be credited by means of invoices and other documents of equivalent probative value. In addition, the number of participants in the courses or seminars, the number of the DNI and the signature of each one, except in those cases where the Director General of Transport by Road Exima of the compliance with this requirement. 5. The Directorate-General for Road Transport shall carry out the documentary justification check of the grant in accordance with the annual action plan to be drawn up for this purpose. Such a plan shall indicate whether the verification reaches the total of the grants or a sample of the grants and, in the latter case, their selection.

Article 11. Obligations of the beneficiaries.

The beneficiaries of the aid will be obliged to record, in the advertising and dissemination of the courses or seminars, which have been subsidised by the Directorate General of Transport by Road of the Ministry of Public Works.

In cases where the subsidised courses or seminars are not free of charge for assistants, the organising organisation may only receive from those assistants the amount corresponding to the part of the unsubsidised cost. They will also be obliged to provide, at all times, how much information is required by the Court of Auditors and by the Directorate-General for Road Transport for the purpose of monitoring the grants awarded.

Article 12. Subcontracting.

1. The beneficiaries of the grants will be able to subcontract the completion of the courses or seminars to the total of the subsidised activity.

2. In accordance with Article 29 of the General Grant Act, where the concerted activity with third parties exceeds 20 per 100 of the amount of the subsidy and the amount exceeds EUR 60 000, subcontracting shall be subject to compliance with the following requirements:

a) That the contract be concluded in writing.

b) That its conclusion be authorized in advance by the Director General of Road Transport. This authorisation must be granted within 15 days of the request, which shall be granted if the time limit has elapsed without notification of the decision.

3. A contract may not be split in order to reduce the amount of the contract and to avoid compliance with the conditions laid down in the previous paragraph.

4. In no case may the beneficiary be concerned with the full or partial implementation of the activities supported by:

(a) Persons or entities incurs in one of the circumstances of Article 3.1.

(b) Persons or entities that have received other grants for the performance of the activity subject to procurement. (c) Intermediaries or advisers in which payments are defined as a percentage of the total cost of the transaction, unless such payment is justified by reference to the market value of the work performed or the services provided. (d) Persons or entities linked to the beneficiary, unless the procurement is carried out in accordance with normal market conditions and is authorised in advance by the Directorate-General for Road Transport. (e) Persons or entities applying for assistance or grant on the same call.

5. In accordance with Article 31.3 of the General Grant Act, where the amount of eligible expenditure exceeds the amount of EUR 12 000, the beneficiary shall, at least, request three offers from different suppliers, on a pre- the contraction of the commitment to carry out the course or seminar, except that due to the special characteristics of the eligible expenditure there is not enough market in the market number of entities that can perform it.

The choice between the tenders submitted, which shall be provided in the justification, shall be made in accordance with efficiency and economic criteria, and the choice must be expressly justified in memory of the choice when it is not the case. most advantageous economic proposal. 6. By way of derogation from the preceding paragraphs, the training actions may be carried out by the entities which are integrated into the beneficiary or by the same entities which are part of the beneficiary. In such cases, the said entities shall also be considered to be beneficiaries.

Article 13. Compatibility of the aid.

Under the terms set out in the following paragraph, the aid provided for in this order is compatible with any other State, public or private, national or international departments, administrations or authorities, granted to subsidise the same activity.

The amounts to be obtained by the beneficiary for the same courses or seminars shall be derived from the maximum amount to be granted pursuant to Article 8.

Article 14. Default.

1. The recovery of the amounts received and the requirement of interest for late payment from the time of payment of the subsidy shall be made in cases where the beneficiary does not justify the fulfilment of the purpose for which it was granted, without meeting the conditions required to do so or in breach of the purpose for which it was granted or the conditions imposed for the grant. The amounts to be reintegrated shall, for the purposes of their collection, be regarded as public-law revenue.

2. In order to graduate non-compliances, account shall be taken of criteria of proportionality, the degree of performance of the courses or seminars, the justification and the amount of the costs incurred, as well as all the circumstances involved. to check the actual performance of the courses or seminars and the attendance of students. In any case, the following rules shall be taken into account:

The refund will be total when the courses or seminars are not held. When performed partially, it shall be proportional to the unrealised part.

The concurrent collection of grants or aid which has not previously been notified, as provided for in Article 5.2, will give rise to the total recovery of the amounts received, or partial in the case of aid concurrent is less than the one granted in accordance with this Order. Failure to submit the required documentation in time shall result in the reimbursement or cancellation of the aid in relation to the activities concerned. The quantities delivered and unused must be reintegrated in their entirety.

Single additional disposition. Delegation of powers.

The Director-General for Road Transport is delegated the competence to call for the aid covered by this Order, as well as to grant the authorisation provided for in Article 12.2 (b) and to resolve the Recovery procedures.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Order.

Final disposition first. Execution.

The Director General of Transport by Road is empowered to issue the resolutions necessary for the implementation of this Order, as well as to resolve the specific doubts that arise in relation to the Order.

Final disposition second. Entry into force.

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

Madrid, 27 November 2008. -Minister for Development, Magdalena Álvarez Arza.

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ANNEX II

Documentation to contribute at the time of the request

1. Copy of the tax identification code or tax identification number of the requesting entity. 2. Original or certified copy of the act of incorporation and the statutes of the entity, unless it forms part of the National Committee for Road Transport or has previously contributed to the Directorate General for Road Transport. 3. Supporting documentation of the payment of the tax obligations or authorization to the Directorate General of Transport by Road to obtain it. 4. Documentation of proof of being aware of the fulfilment of the obligations towards the Social Security or authorization to the Directorate General of Transport by Road to obtain it. 5. Public document proving the power with which the representative acts. 6. Where appropriate, a responsible declaration specifying the aid or public or private financing obtained or requested to finance the same action. 7. A responsible declaration, issued before administrative or notary authority, of not being in any of the circumstances listed in Article 3 (1). What is credited by judicial testimony or administrative document shall not be included in the declaration.

ANNEX III Documentation to be provided once the grant is granted so that your payment can be made

1. In the event of failure to do so in advance, justification for carrying out the activities and expenses to which the subsidy is directed or, where appropriate, for having constituted the corresponding guarantee. 2. Public writing of the constitution and, where appropriate, of modification, registered in the corresponding Register, or feisty copy. 3. Public proof of the power with which the legal representative acts, registered in the competent registry, or feisty copy. 4. A certified copy of the national identity document or authorization to the Directorate General of Transport by Road to carry out the verification of the identity data. 5. Where appropriate, other documents deemed necessary by the Administration to be required and specified in the grant resolution.

ANNEX IV Justification Memory

Together with the corresponding application, carried out in accordance with the model provided for in Annex I, supporting memory shall be accompanied by the following points:

1. Applicant's data: 1.1 Name and surname or social reason

1.2 CIF 1.3 Address:

CP locality

Phone Province

1.4 Start date for courses or seminars

1.5 Requester Activity

2. Data from courses or seminars:

2.1 Explanatory and explanatory notes to the desirability of achieving it: Objective

Needs to cover

2.2 Descriptive memory:

Programs of courses or seminars

Available means Dates and staging places Expected detailed budget

3. Amount of subsidy