Advanced Search

Order Bce/2626/2008 Of 25 August, That Amending The Order Aec/3326/2006, Of 20 October, By Which Establish The Regulatory Bases Of The Granting Of Subsidies To Promote Latin American Seminars.

Original Language Title: ORDEN AEC/2626/2008, de 25 de agosto, por la que se modifica la Orden AEC/3326/2006, de 20 de octubre, por la que se establecen las bases reguladoras de la concesiĆ³n de subvenciones para promover la realizaciĆ³n de encuentros iberoamericanos.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 553/2004 of 17 April, which restructured the ministerial departments, assigns to the Ministry of Foreign Affairs and Cooperation the direction of foreign policy and cooperation policy. International for development. The close and privileged relationship that Spain has historically with Latin America is one of the main axes of our foreign policy. At present, one of the most promising features of the region is the progressive strengthening of democracy, as demonstrated by the democratic normality with which the electoral processes that have been held throughout the country have been developed. of the last few months in numerous Ibero-American countries. This has turned 2006 into a year of political opportunity for Ibero-American societies, which have been able to express their political choices. Spain has contemplated and contemplates with great interest and expectation this political process and is ready to support and promote the exchange of ideas and experiences through the meeting of the Ibero-American civil society, as this can contribute to the necessary democratic and institutional strengthening of the region. Moreover, the reform of the structure of the Ministry of Foreign Affairs and Cooperation carried out by Royal Decree 989/2006, of 8 September and today contained in Articles 15, 16 and 17 of the Royal Decree of 1124/2008, of July 4 by the that the basic organic structure of the MAEC is developed, led to the creation of the Secretariat of State for Latin America, whose functions are focused on the formulation and implementation of the policy of Spain in the geographical area of Latin America. In this context of the strengthening of democracy, the acts of celebration of the Bicentenarians of the Independence of Ibero-American Republics deserve special attention, as they provide an opportunity to consolidate a form of relationship based on respect, collaboration and cooperation, as well as an opportunity to strengthen our common Ibero-American identity in a project of shared future. For all these reasons, it has been considered appropriate, in accordance with the General Budget Law of the State, to open a process of granting grants for the holding of Ibero-American meetings in Spain. These bases are adapted to the rules on subsidies contained in Law 38/2003 of 17 November, General of Grants. In accordance with that rule, these bases are in accordance with the principles of advertising, transparency, competition, objectivity, equality, and non-discrimination, together with those of effectiveness and efficiency. They are also adapted to Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Common Administrative Procedure. Also, Articles 4 and 25.f) 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 for the approval of the as for the modification by ministerial order of the regulatory bases for the grant of subsidies. On the basis of all this, prior to the favourable report of the State Advocate in the Ministry of Foreign Affairs and Cooperation and the Delegation of the General Intervention of the State Administration, I have:

First. Purpose. -The subsidies regulated in these bases are intended to finance projects or activities aimed at the organization of Ibero-American meetings in Spain. To this end, the following projects are considered eligible, without prejudice to the details specified in the relevant calls: (a) Projects aimed at the organisation of seminars, round tables or courses which they have For the purpose of exchanging experiences and ideas on political issues of particular interest to the Ibero-American Community, such as the commemoration of the Bicentenarians of the Independence of Ibero-American Republics.

b) Projects aimed at the organization of meetings that bring together particularly vulnerable groups, such as women, indigenous people, children, etc. c) Projects aimed at the organization of youth and civil society meetings, in parallel with the holding of summits or international meetings in the Ibero-American context. (d) Other aspects of the political dialogue and the democratic understanding of Ibero-American societies, as well as their greater and better governance and institutional strengthening.

Second. Calls.-The corresponding calls will be made on the basis of their objective, under competitive competition, by the Ministry of Foreign Affairs and Cooperation, and will be published in the "Official State Gazette".

Third. Beneficiaries. -They will be able to access to the condition of beneficiaries of the subsidies regulated in this norm the associations and entities of national scope that belong to international organizations with presence in Ibero-America and that they fulfill the Following requirements:

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

b) Legal persons: being legally constituted. (c) groupings of natural or legal persons without legal personality: Each of the natural or legal persons who make up them must meet the requirements laid down by this provision and, in addition, they shall be subject to obligations which are laid down in Article 11 (3) of the General Law on Subsidies for the same purposes.

In all cases:

(a) Dispose sufficient resources and capacity to carry out the project or activity for which the grant is requested, in particular the installed capacity of the applicant's human and economic resources; presence in the regions and countries of action, and the proven experience in the fields of action.

b) Profit for profit. (c) to be found, where appropriate, of the Spanish tax and social security obligations. (d) the other specific requirements laid down by the relevant call.

The natural or legal persons in which one of the circumstances set out in Article 13 (2) and (3) of the General Law of the European Union shall not be eligible for the subsidies covered by this rule shall not be eligible. Grants.

Fourth. Submission of applications. The time limit for the submission of applications shall be as a general rule as laid down in Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure, without prejudice to the fact that, under the relevant call, other different time limits may be determined according to the nature of the projects to be submitted. The models to be completed and the supporting documentation to be accompanied by the applicants for the grants shall be set out in the relevant calls. Applications may be submitted by any of the following routes:

(a) In the General Register of the Ministry of Foreign Affairs and Cooperation.

b) In Government Delegations and Subdelegations. c) In the post offices of Spain, with the envelope open so that it can be sealed its interior with the date of presentation, in the way that will be indicated in the own offices of the Post Office. (d) 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). from abroad may be presented in the Registers of the diplomatic representations or consular offices of Spain. The stamp of entry of the same shall appear on the application, which shall determine the date of filing.

Fifth. The amount of the grant. The amount of the subsidy shall be fixed in accordance with the budget and the documentation provided by the applicant, the available budget and the corresponding calls, determined its final amount in accordance with the adequacy criterion for the financing of the proposed action.

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 grant decision. The amount of the grants to be granted may be lower than that expressed by the applicant when the Evaluation Committee indicates in its proposal the reasons for the reduction of the grant. In this case, the beneficiary may be asked to reformulate its application to adjust the commitments and conditions to the grant. The subsidies provided for in these bases will be compatible with other aid having the same purpose, bearing in mind that the amount of the subsidy in no case may be such that, in isolation or in competition with other grants, grants, income or resources, exceeds the cost of the subsidised activity, as provided for in Article 19 (3) of the General Law on Subsidies. Sixth. Bodies responsible for the instruction and resolution of the procedure. The body responsible for initiating the procedure will be the Secretariat of State for Ibero-America. The competent body for the instruction of the procedure, including the preparation of the relevant motion for a resolution, is the Evaluation Committee. The Evaluation Committee shall be constituted as follows:

President: El/the head of the Secretariat of State for Latin America.

Vice Presidents:

The holder of the Directorate General of Foreign Policy for Latin America.

The holder of the General Directorate of Latin American Multilateral Organizations.

Vocals: Two officials from the Secretariat of State for Ibero-America will act as Vocals, who will be appointed by the head of the Secretariat of State and one of the Directorate General for International Cooperation with Ibero-America, to be designated by the holder of the Directorate-General.

Secretary: He will act as Secretary, with voice and vote, one of the vowels belonging to the Secretariat of State for Ibero-America, which will be designated by him/the head of the Secretariat of State.

It is up to the Evaluation Committee, in accordance with the provisions of Article 24 of the General Grant Law, to make as many actions as it deems necessary for the determination, knowledge and of the data and documents by virtue of which the motion for a resolution is to be submitted.

The body responsible for the resolution of the procedure, with the subsequent grant or refusal of the grants, is the Secretary of State for Ibero-America. Seventh. Objective criteria for grant of the grant. -In accordance with Article 17.3.e) of the General Grant Act, applications submitted will be valued and selected by giving priority to the following aspects:

(a) The joint participation of various associations, foundations, organizations, groups of individuals and, where appropriate, individuals in the same project.

b) The technical capacity and sufficiency of human and material resources for the organization of international events and meetings. c) The ability to call the applicant as long as it can bring together the largest number of Ibero-American and Spanish participants at the meeting. d) The ability to disclose the meeting so that it has as much visibility as possible. (e) The experience, trajectory and specialisation of the applicant in activities similar to those presented for the grant of the grant.

Eighth. Resolution of the granting procedure. The Evaluation Committee, in the light of all the action, will formulate the corresponding motions for resolutions.

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, and amount, specifying its assessment and the assessment criteria followed to carry out the assessment. In accordance with the provisions of Article 25 (2) of the General Law on Subsidies, the decisions shall be reasoned, with reference to facts and grounds of law, and shall in any event be credited to the the procedure for the basis of the resolution adopted. Decisions shall be made and shall be notified to the persons concerned within the maximum period of six months from the date of submission of the application. They shall determine the specific conditions and the amount of the grant awarded. 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 State, to bring the replacement proceedings within 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 the Rules of Procedure Common Administrative, in the wording given by Law 4/1999, of 13 January, or appeal Administrative-administrative proceedings before the National Court under Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction, not being able to simultaneously interface both resources. On the expiry of the maximum period laid down and no express decision has been given, the application may be understood to be rejected, in accordance with Article 25 (5) of the General Law on Subsidies. The grants awarded shall be published in the Official Gazette, with the beneficiary's indication, the name of the activity, the economic file number, the budgetary application and the amount. Ninth. Variations in projects or grants and termination for non-compliance. -Associations, foundations, organisations, groups of individuals and, where appropriate, subsidised individuals may request, in an absolutely exceptional manner, the modification of the content of the project supported, as well as the form and time-limits for the implementation and justification of the corresponding expenditure, where circumstances arise which alter or hinder the development of the project. This resolution shall be adopted by the Evaluation Committee. Requests for amendment must be sufficiently substantiated by such alteration or difficulty and must be made immediately to the appearance of the circumstances justifying them and, in any event, prior to the time when the process of implementation of the subsidised project is complete. The resolutions of the requests for amendment shall be made by the holder of the Secretariat of State for Ibero-America or the organ in which he delegates. The Ministry of Foreign Affairs and Cooperation may terminate any of the interventions where 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 return of the funds not executed until that time and the corresponding interest on late payment. Tenth. Grant payment.-The beneficiaries of the grants shall be accredited, where appropriate, and prior to the receipt of the grant, which are in the course of their social security tax obligations. They must also prove, where appropriate, that they have an accident and sickness insurance policy and a civil liability insurance scheme in favour of the voluntary staff with which they can count. In general terms, the payment of the subsidy shall be made within a single period. Eleventh. Obligations of the beneficiaries of the grants.-The beneficiaries of the grants shall, where appropriate, be required to:

(a) Credit prior to the motion for a resolution that they are aware of in the fulfilment of their tax obligations and in the face of Social Security.

b) Enter the total amount of the grant into an open bank account exclusively for the income and payments made from the grant received. (c) Dispose of all the accounting records specific to the records required by the call, in order to ensure the proper exercise of the verification and control activities. (d) to keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of checks and inspections. (e) Carry out the activity which bases the grant of the subsidy in the form, time and conditions laid down for each project and, failing that, for duly justified reasons, before 31 December of the year following that of the grant of the grant, without prejudice to the possibility of the extension of the project, in terms of the terms laid down in the 10th base. (f) Submit to the actions of verification, monitoring and inspection 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 Auditors, facilitating the information requested in the exercise of the actions described. (g) Communicating the entity immediately to obtain other aid to finance the same subsidised activity from any public, private or international public administration. (h) Adopt the measures for dissemination of the origin of the received funds specified in each call.

12th. Monitoring and compliance with objectives.-The control of the compliance of the object, conditions and purpose of the grant will be carried out, according to the provisions of Articles 14.1.c) and 32.1 of the General Law of Grants, according to the actions of monitoring, monitoring and evaluation to be determined by the granting body.

The beneficiaries of the grants will have to provide, in the terms established by the base of the 13th of these regulatory bases, the degree of compliance of the projects and the expenditure incurred. Thirteenth. Supporting and explaining the implementation of the project supported. -With the aim of supporting the implementation of the activities, the fulfilment of the conditions imposed and the achievement of the objectives set out in the grant of the grant, the beneficiaries must submit within four months of the end of the period of execution and of the documents to which they are made available, a supporting final memory, the minimum content of which shall be will be:

a) Entity.

b) Project name. c) Objectives of the project. (d) Results obtained. (e) Period of implementation. (f) Economic summary of the activities carried out and justification of expenditure incurred in respect of the grant received. (g) where appropriate, authorised amendments, with an explanation of their need. h) Conclusions

Fourteenth. 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 of Grants. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as provided for in Article 67 (1). of the General Law of Grants.

15th. Repayment and graduation of the non-compliance with the conditions imposed. -It will be the drawback of the amounts received and, where appropriate, of the revenue generated by the projects and interest accrued by the grant, as well as the requirement of the interest on the corresponding delay from the moment of payment of the grant to the date on which the refund is agreed, in the following cases:

(a) Obtaining the grant without meeting the required conditions.

b) Total or partial non-compliance with the objective, the activity, the project or the non-adoption of the behaviour underlying the grant of the grant. (c) Failure to comply with the obligation of justification. (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 reimbursement 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 Grant Law, 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.

a) Total non-compliance for the purposes for which the grant was awarded: 100 percent.

(b) Failure to comply with the time limit for the implementation of the activity without the corresponding extension being authorized: 20 percent. c) Demora in the presentation of the justification or insufficient or deficient justification: 10 percent.

In the case of partial non-compliance, the fixing of the amount to be reintegrated by the beneficiary shall be determined in accordance with the principle of proportionality, which may, however, be modulated in the light of the the fact that compliance is significantly approximated to full compliance, and that the beneficiaries are credited with an unequivocal action to comply with their commitments.

sixteenth. -The Secretariat of State for Ibero-America is empowered to issue any instructions necessary for the execution of this Order. Seventeenth. Extra rules. -For everything not provided for in this Order of regulatory bases will be applied in an extra way the provisions of the General Law of Grants, in the Law of Legal Regime of Public Administrations and of the Procedure Common Administrative Board, and any other provision of legislation which may, by its nature, be applicable. Eighteenth. Guarantees. -According to Article 17.3.j) of Law 38/2003, of 17 November, General of Grants, and Article 42 of Royal Decree 887/2006, of 21 July, approving the Regulations of the Law of Grants, the beneficiaries of These grants are exempt from the provision of guarantees provided that the fulfilment of the obligations imposed on them is sufficiently ensured.

Final disposition.

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

Madrid 25 August 2008.-The Minister of Foreign Affairs and Cooperation, Miguel Angel Moratinos Cuyaube.