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Royal Decree 1974 / 2008 Of 28 November, Which Regulates The Direct Award Of A Grant To The Autonomous Communities For The Urgent Implementation Of Actions Of Closure Of Illegal Landfills.

Original Language Title: Real Decreto 1974/2008, de 28 de noviembre, por el que se regula la concesión directa de una subvención a las comunidades autónomas para la ejecución urgente de actuaciones de clausura de vertederos ilegales.

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TEXT

On July 16, 2009, the deadline for all landfills that existed in Spain to the date of entry into force of Royal Decree 1481/2001 of 27 December 2001, which regulates the disposal of waste by means of the Deposit in landfill, meet the requirements of the set. Royal Decree 1481/2001, of 27 December, incorporates into the internal legal framework Council Directive 1999 /31/EC of 26 April on the landfill of waste. According to the provisions of Royal Decree 1130/2008, of 4 July, for which the basic organic structure of the Ministry of the Environment, and Rural and Marine Environment, is developed, it corresponds to this Department, through the Directorate General of Quality and Environmental Assessment, under the supervision of the Secretary of State for Climate Change; the formulation of the national policy for the prevention of pollution, and of control, quality and environmental assessment, in accordance with the principles of sustainable development and with the rules of the European Union and other international bodies which it is applicable; it is also the responsibility of the proposal, elaboration, coordination and programming of national plans and actions concerning the prevention and integrated control of pollution, in particular of waste, contaminated soils, air pollution and environmental impact, including indicator systems and environmental assessments. Given the urgency of the implementation of such measures, the Ministry of the Environment, and the Rural and Marine Environment through the Directorate General of Quality and Environmental Assessment and the Autonomous Communities, through their respective advisory services The Commission has decided to implement a joint action plan on illegal landfill sites in Spain which will end the illegal landfill sites operating without any authorisation or which, while not being active, are not still closed. Article 22 (2) (c) of Law 38/2003 of 17 November of 17 November provides for the possibility of granting, in a direct and exceptional manner, inter alia, those grants in which public interest is granted, (a) social and economic or other duly justified measures which hinder its public call. In accordance with the provisions of Article 28.2 of Law 38/2003 of 17 November, the special rules governing the subsidies provided for in Article 22.2. (c) they must be approved by royal decree, on the proposal of the competent minister and after report of the Ministry of Economy and Finance. The purpose of this royal decree is to establish the special rules governing the direct grant of a grant to the autonomous communities of Andalusia, Illes Balears, Canarias, Castilla-La Mancha, Castilla y León, Galicia and Comunitat. Valencian for the joint execution of actions to close illegal landfills. In its virtue, on the proposal of the Minister for the Environment, and the Rural and Marine Environment, prior to the report of the Ministry of Economy and Finance and after deliberation by the Council of Ministers at its meeting on 28 November 2008,

D I S P O N G O:

Article 1. Object.

1. This royal decree aims at the direct grant of a grant to the autonomous communities of Andalusia, Illes Ballears, Canarias, Castilla-La Mancha, Castilla y León, Galicia and Comunitat Valenciana to co-finance the closure of landfills. illegal in these autonomous communities.

2. These grants are granted directly, in accordance with Articles 22.2.c) and 28.3 of Law 38/2003, of 17 November, General of Grants, for the urgent need of July 16, 2009, all landfills that exist in Spain comply with the requirements laid down in Royal Decree 1481/2001 of 27 December 2001 regulating the disposal of waste by landfill. This makes it possible to appreciate the concurrency of public, social and economic reasons, in addition to, as other justified reasons, the executive powers in this field held by the beneficiary autonomic administrations. 3. The singular nature of these subsidies in favour of the previous autonomous communities is justified, since this is the territorial area where the illegal landfills are to be closed.

Article 2. Applicable legal regime.

1. The activities promoted by the autonomous communities of Andalusia, the Balearic Islands, the Canary Islands, Castilla-La Mancha, Castilla y León, Galicia and Comunitat Valenciana for the project and for the project will be the subject of a grant. execution of the closure works (in accordance with the provisions of Article 14 of the Royal Decree 1481/2001 of 27 December 2001 regulating the disposal of waste by landfill) from the illegal landfills which are covered by the in the Annex, carried out during the financial years 2008 and 2009, with the conditions set out in Article 31 of Law 38/2003 of 17 November.

2. The granting authority may extend the period of the preceding paragraph for one more financial year, in the case of carryovers in the relevant project and construction contracts or for the period of its tendering procedure. Extensions may be granted with longer periods in exceptional cases of force majeure or failure to meet the purpose of the grant. 3. Eligible expenditure shall be eligible expenditure incurred by the beneficiary in the drawing up of the abovementioned projects, as well as the implementation of the decommissioning works in accordance with the requirements of Article 3. Expenditure incurred shall be deemed to be incurred within those financial years. 4. In any event, for the purposes of Article 29 of Law 38/2003 of 17 November, the autonomous communities may subcontract one hundred percent of the subsidized activities, being exempt from the authorization requirement. ex ante as provided for in Article 29 (3). Under no circumstances may activities be outsourced which, by increasing the cost of the subsidised activity, do not add value to the content of the activity. 5. The present grants shall be compatible with other grants, aid, revenue or resources for the same purpose, from any public or private authorities or entities, nationals, European Union or bodies (i) international agreements, provided that they do not exceed the total cost of the projects supported. The excess of that amount shall be due to drawback. 6. These grants will be governed, in addition to the provisions of this royal decree, as appropriate, as provided for in Law 38/2003 of 17 November and in its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July. The autonomous communities shall be governed for the purpose of carrying out the work referred to in Article 2 and in the Annex to the public sector procurement laws applicable to them.

Article 3. Beneficiaries and funding.

1. The amount of the investments in Article 2 and Annex to be carried out by the Autonomous Communities is EUR 38,741,467.78.

2. The amount subsidised by the Ministry of the Environment, and the Rural and Marine Environment amounts to EUR 8,878,014.00, under budget implementation 23.08.456B.752 "To autonomous communities to implement the waste policy" of the General State budgets for 2008, distributed as follows:

the Autonomous Community of Andalusia. .

1.485.000.00

The Community. Balearic Islands Autonomous Region

1.557.840.00

the. Autonomous Community of the Canary Islands

334.962.00

the Castille-La Mancha Autonomous Community

232.898.00

The Castile and Lion Community

2.735.404.00

1,814.160.00

the Valencia Community

To the Valencia Autonomous Community

717.750.00

Article 4. Procedure for granting and paying.

The Secretary of State for Climate Change will pay the amount of grants to the beneficiary Autonomous Communities in one and the same time, in advance in the present financial year.

Article 5. Justification.

1. The justification for the grants shall be made, in accordance with Article 30 of Law 38/2003 of 17 November, and in Section 2 of Chapter II of the Grant Regulation, by the presentation of a supporting account, signed by the corresponding general managers responsible for waste or equivalent authorities: (a) a memory of the supporting action of the performance of the activities carried out and of the results obtained.

(b) An economic memory consisting of a classified ratio of the expenditure and investments of the activities referred to in the and Annex with the identification of the creditor, the accounting entry of the recognition of the obligation and its amount. (c) a breakdown of other income or subsidies which have financed the activity supported with an indication of the amount and its origin.

2. The report issued by the intervention or equivalent control body of the autonomous community shall also be submitted to the Commission for the accuracy and regularity of the supporting documentation of the grant.

3. The period of justification shall end within three months of the end of the period for carrying out the activity referred to in Article 2. 4. The amount not justified shall be the cause of drawback. Where the autonomous community does not justify part of the actions set out in the Annex, it shall be reintegrated by the percentage of funding corresponding to those actions.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 28, 2008.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment, ELENA ESPINOSA MANGANA

Almeria

Malaga

ANNEX

Estimated Budgets

Andalusia

Province

Landfill

Landfill

Cost (€)

Almería

Senes

Mosque High

300,000.00

Almería

Laujar-Sierra Nevada

Las Vinas

600.000.00

Velez-Rubio

The Charche

600.000.00

Jaen

The Arena Cave

200,000.00

Torremolinos

Torremolinos

1,000,000.00

Sum

5

2.700.000.00

Islands

Province

Term municipal

Landfill

Cost (€)

Islands (Mallorca)

Manacor

S' Ermita

2.328.099.00

Balearic Islands (Mallorca)

Mallorca

Son Reus I

7.500.000.00

Balearic Islands (Mallorca)

Andraitx

557,500,00

Sum

3

Sum

10.385.599.00

Province

Term municipal

Landfill

Cost (€)

The Palms

Galdar

Botija Coastal Strip (UE* ***)

700.000.00

Santa Cruz from Tenerife

Valverde (El Hierro)

Treasury Mountain

212,600,00

Santa Cruz de Tenerife

El Paso (La Palma)

Mendo Llano (UE* ***)

1.480.320.00

Sum

3

2.392.920.00

Castilla-La Mancha

Sum

Province

Term municipal

Landfill

Cost (€)

Guadalajara

Albendigo

Albendigo

Guadalajara

Guadalajara

Arbancon

Arbancon

20.849.44

Guadalajara

Down Counts

Down Counts

17.042.80

Guadalajara

The Sierra Cardoso

The Cardoso of the Sierra

2.687.04

Guadalajara

The Casar

The Casar

182.868.00

Guadalajara

Galve from Sorbe

Galve from Sorbe

33.731.06

Guadalajara

Hiendelaencyna

Hiendelaencyna

24,525.46

Guadalajara

Jadraque

Jadraque

47.359.08

Guadalajara

Tamajon

Tamajon

43.602.20

Guadalajara

Uceda

Uceda

27.436, 42

10

423.451.38

Leon

Province

Term municipal

Landfill

Cost (€)

Aranda of Duero

Duero Aranda

484.059.55

Lerma

Lerma

728.887.28

Villarcayo

Villarcayo

691.376, 82

Palence

Campoo Aguilar

Campoo Aguilar

899.925.10

Palence

Ampudia

Ampudia

675,529.81

Palence

Condes Carrion

Condes Carrion

911,487.81

Nava Paredes

Nava Paredes

671.247.34

Palence

Torquemada

Torquemada

2.656.299.42

Salamanca

Tormes ' Alba

Dawn of Tormes

640,714.71

Salamanca

Bejar

Bejar

1.500.000.00

Salamanca

Rodrigo City

Rodrigo City

1.144.665, 61

Salamanca

Bracamonte Penaranda

Penaranda de Bracamonte

2.500.000.00

Salamanca

Villamayor

Villamayor

3.781.831.83

Salamanca

Vitigudino

Vitigudino

950.000.00

Sum

14

18.236.025.28

Galicia

Province

Term municipal

Landfill

Cost (€)

Ourense

A Gudina

Airina

400.000.00

As Nogais

Parroq. San Andrés, L.G. San Andrés

120,000.00

Baleira

Parroq. Wait, L.G. A Matanza

100,000.00

Baralla

242.660.02

Lugo

A Fonsaca

_table_table_izq"> P. Q. San Martin, L.G. O Vieiro

400.000.00

Negueira de Muniz

110,000.00

Paradela

Foleibar

94.210.07

Or Paramo

Marelas Burates

50,000,00

Lugo

Piedrafita do Cebreiro

P. Q. Gutter

100,000.00

Ourense

Rios

A Riveira

150.000.00

Ourense

Conso Vilarino

140.000.00

Castro Caldelas

O Sex

215.866.82

Lugo

Meira

P. Q. Meira, L.G. Regolongo

390.000.00

Pontevedra

Salvatierra do Mino

L. G. As Ermitas

117.583.55

A Coruña

Touro

201.022.51

Ourense

Vilar de Barrio

201.022,51

O Tombo

102.321.12

Ourense

Vilar de Barrio

Os Tesos

241.103.02

A Coruña

Vimianzo

High Cornado

123.705.01

Sum

18

3.298.472, 12

Comunitat Valenciana

Province

Landfill

Cost (€)

Valencia

Lliria

Partida Canada Parda

855.000.00

Castellon

Height

Starting the Cabrera

450.000.00

Sum

2

1.305.000.00

Total CC.AA..

38.741.467.78

Supporting Criteria

a total investment

% MARM

< 5 million

55

(UE* ***): EU Funding 80%

10

5-10 million

30

10 million

15