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Order Int/2237/2007, Of July 17, Establishing The Regulatory Bases Of The Calls For The Granting Of Aid To Associations, Foundations, Organizations And Institutions Non-Profit, Whose Object Is The Attention To...

Original Language Title: ORDEN INT/2237/2007, de 17 de julio, por la que se establecen las bases reguladoras de las convocatorias para la concesión de ayudas destinadas a asociaciones, fundaciones, entidades e instituciones sin ánimo de lucro, cuyo objeto sea la atención a...

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TEXT

The competencies attributed to the Ministry of the Interior under the Articulated Text on Traffic, Vehicle Circulation to Motor and Road Safety, approved by Royal Legislative Decree 339/1990, of March 2, are exercised, according to Article 6 thereof, through the Autonomous Body of Central Command of Traffic, without prejudice to those assumed by the Autonomous Communities in their own Statutes. At present, one of the priority objectives of this body is to implement measures aimed at reducing the victims of road accidents. The enormous human, social and economic consequences of road accidents are a political priority and a social mobilization. In this sense, in order to channel the actions and meet the expectations of the citizenry, a Strategic Plan for Road Safety 2005-2008 has been developed. The participation of civil society, and in particular the associations of victims and families of victims of road accidents, is essential for the development of the Action Plan. The context in which the actions of these associations are carried out is, in a specific way, that of the psychological, legal, material and social attention to the victims and their families and, in general, the development of information, awareness raising and education to society on road safety. In order to respond, with measures of financial support for the activities of these organizations, the regulations for the granting of subsidies to their activity are established. This legislation must be interpreted in accordance with the provisions of our public system of grants, constituted by Law 38/2003 of 17 November, General of Grants and the Rules of Procedure for the Concession of Public Grants, approved by Royal Decree 887/2006 of 21 July. This Order is, accordingly, in accordance with the provisions of Article 17 of the Law 38/2003 of 17 November, prior to the report of the State Advocate and of the Delegate Intervention, and after the approval of the Minister of Public Administrations. In its virtue I have:

First. Approval of the regulatory bases. -In compliance with Article 17 of Law 38/2003 of 17 November, General of Grants, the regulatory bases of the calls for the granting of aid to associations are approved, foundations, entities and non-profit institutions, the object of which is the attention paid to the victims of road accidents and their families.

Second. Calls.-Annual calls shall be made for the granting of the aid referred to in this Order, provided that there is adequate and adequate credit, which shall be in accordance with the provisions of Article 23 of Law 38/2003, of 17 November, and to the provisions of the bases approved in this Order.

Single end disposition. 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, 17 July 2007.-The Minister of the Interior, Alfredo Pérez Rubalcaba.

Regulatory bases for the calls for the granting of aid to associations, foundations, entities and non-profit institutions, the object of which is to pay attention to the victims of road accidents and accidents. your family members

First. Legal regime. The provisions of Law 38/2003 of 17 November, General of Grants, as well as the provisions of the Rules of Procedure for the Concession of Public Grants, approved by the Commission, will apply to these bases. Royal Decree 887/2006 of 21 July. Second. The procedure for granting the aid shall be carried out on the basis of competitive competition. Third. Purpose of the aid.

1. Aid must be directed towards compliance and promotion by the entities concerned in the fourth paragraph of any of the following activities: (a) Support for the associative and foundational movement, partly by financing the general costs of operation and management generated as a result of the activities dedicated to the social care of the victims and their families, and to the technical support for the development of their objectives.

b) Projects aimed at the psychological, legal, material and social care of the victims and their families. (c) Actions aimed at society, information, awareness raising of public opinion and road education and the impact of road accidents on the victims ' collective and their families.

2. The subsidised activities shall be carried out within the time limit set out in the notice of call. Fourth. Beneficiary entities and organizations. -They may be beneficiaries of the aid that is regulated in the present bases, the associations, foundations, entities and non-profit institutions whose object is the representation and defense of the the interests of victims of road accidents and their families, and to develop assistance programmes aimed at alleviating the personal situations of victims and their families, as well as education and social awareness programmes which have as their objective the reduction in the number of road accidents.

Fifth. Requirements of the beneficiaries.-The beneficiaries of the aid must meet the following requirements:

(a) To be legally constituted and duly registered in the corresponding Administrative Registry.

b) To have as primary institutional objective the representation and defense of the interests of the victims of road accidents and their families and the performance of activities to which the respective calls are concerned. (c) Credit, in advance of the proposal for a resolution of the concession, which is current in compliance with its tax obligations and in the face of social security. (d) There should be sufficient justification, where appropriate, for the application of the aid previously received from the Autonomous Body of Central Traffic in Traffic for this purpose. (e) Not to be in breach of the prohibitions in order to obtain the status of beneficiary mentioned in paragraphs 2 and 3 of Article 13 of Law 38/2003 of 17 November. (f) Dispose of the appropriate structure to ensure the fulfilment of its objectives, demonstrating sufficient operational capacity for this.

The beneficiaries of previous aid which would not have justified their application within the time limits and in the manner laid down by the applicable rules cannot be eligible for new grants. Sixth. Applications.

1. Applications for grants shall be formalised in the model shown in the relevant call.

It shall not be necessary to accompany the documents required where the documents have not been modified and are held by the Steering Centre, provided that the date on which they were presented is recorded in writing and, in their case, issued, and provided that no more than five years have elapsed since the end of the procedure to which they correspond. Applications shall be submitted within the time limit and in the form laid down in the relevant notice. 2. The application shall be accompanied by an explanatory memorandum of the applicant's substantial characteristics, as well as another memory for each of the activities for which the grant is requested. Such memories shall be formalised in the models to be determined in the respective calls. 3. With the application, the additional documentation to be established in the corresponding call, which must be original or photocopy of it, must be accompanied. The verification of the existence of data which is not in conformity with the reality, either in the application or in the memory or the documentation provided, may, in the light of its importance, entail the refusal of the grant requested, without prejudice to the other responsibilities which may be derived.

Seventh. Criteria for fixing individual amounts.-According to the existing appropriation in budgetary implementation 16.101.132B.488, six individual grants will be called for 2007, two per individual amount of a maximum of EUR 50 000 and four per individual amount maximum of EUR 20,000. The two applications with the highest score will be awarded the two grants of 50,000 euros and the next four in punctuation, the grants of 20,000 euros, except for the provisions for the distribution of the remnant.

The annual resolution of a call for grants may amend those amounts in the event of a change in the existing budget envelope, without in any case the overall amount of the budget appropriation. Where an institution submits an application which costs less than the individual amounts set out in the first subparagraph, and shall be awarded for the amount requested, the remainder may increase the individual amounts remaining, without in any case being able to exceed the existing budgetary credit. The balance shall be allocated in proportion to the amounts awarded to the other successful tenderers. In any event, the eligible costs must comply with the requirements set out in Article 31 of Law 38/2003 of 17 November, and in Article 83 of the Rules of Procedure for the Concession of Public Grants, (i) oppose the above mentioned law. Grants awarded may cover 100% of the cost of the activities under grant, provided that they do not exceed the individual amounts set out in the preceding paragraph. In order for the eligible costs to be eligible, their payment must be credited. Once the aid has been granted and before the expiry of the period for carrying out the activity, the contracting entity may request the amendment of the economic items included in the economic memory. The authorised amendments may not increase the amount of the Grant granted. Eighth. Assessment criteria.-For the award of grants, in addition to the amount of the overall budget included in the corresponding budget appropriations, which conditions, without the possibility of enlargement, the obligations to be contracted. at the same time, the objective assessment criteria to be taken into account are the following:

Depending on the object of the activity, which will have to be directed to the fulfillment of the activities established in the Third Point. 1 of these bases: a) Support for the associative and foundational movement, partially financing the general operating and management costs generated as a result of the activities dedicated to the social care of the victims and their families, and the technical support for the development of their objectives: 0 to 10 points.

b) Projects aimed at the psychological, legal, material and social care of the victims and their families: 0 to 20 points. (c) Actions aimed at society, information, awareness raising of public opinion and road education and the impact of traffic accidents on the victims ' collective and their families: 0 to 20 points.

The score will be assigned according to the degree of adequacy of the proposals submitted to the fulfillment of the objectives set for each grant modality.

Depending on the specific content of each request and other criteria.

d) Technical quality and coherence between the objectives, the instruments and the budget envisaged: 0 to 25 points.

Special consideration will be given to the professional and technical qualifications of the human resources devoted to the programme, and to the dissemination and awareness-raising measures of the programme. e) Development of the program by volunteer staff to the greatest extent possible: 0 to 5 points. f) The representativeness and social and territorial implementation within the collective of the victims of road accidents: 0 to 20 points.

Ninth. Competent bodies for the initiation, instruction and resolution of the grant procedure and the time limit within which the decision shall be notified.

1. The initiation will be carried out by public call by Resolution of the Director General of Traffic, after audit and approval of the expenditure.

2. The procedure shall be carried out by the General Secretariat of the Directorate-General for Traffic, which shall examine the documentation submitted. 3. The assessment of applications shall be carried out by an Evaluation Committee. The members of that committee shall be appointed in the public call. In its absence, it will be chaired by the Secretary General of Traffic and will be part of it, as vocal, the Chief of Staff of the Director General and the Director of the National Road Safety Observatory, as well as a Head of Area who act as secretary. Where the President considers it necessary, it may be possible to join the Commission, with a voice but without a vote, to the staff assigned to the units with powers in the areas concerned with the assessment. 4. It is the responsibility of the Evaluation Committee, in accordance with Article 24 of Law 38/2003 of 17 November, to carry out, on its own initiative, any actions it deems necessary for the determination, knowledge and verification of the data under the the resolution must be given. 5. After the relevant assessment and examination of the applications, the Evaluation Commission shall issue a report setting out the outcome of the assessment. The Secretary-General shall make the appropriate provisional motion for a resolution, in accordance with the assessment criteria set out in these Bases and in the respective call. The motion for a resolution shall express the relationship of the beneficiary organisations, the programmes or projects selected and the amounts and conditions of the grants awarded. In addition, the rejection of all other applications shall be expressly stated. 6. The proposal for a provisional resolution shall be communicated to all applicants so that, within the maximum period of 15 days, they shall make the relevant arguments. 7. The Secretary-General shall, after examination of the allegations, raise the proposal for a provisional final decision and shall forward any action to the Director General of Traffic, which, in accordance with the provisions of Article 25 of Law 38/2003, On 17 November, it shall, within 15 working days, adopt the final resolution of the procedure, duly substantiated, stating the reasons which have led to the grant of the grant and the final completion of its amount. This resolution may be brought before the Minister of the Interior. 8. The maximum period for the decision and notification of the procedure shall be six months from the date of publication of the relevant call, unless such call sets the time limit, which shall in any event not exceed six months, count from the conclusion of the deadline for the submission of applications. The grants awarded will be made public in the Official State Gazette, in the terms set out in Article 18.1 of Law 38/2003, dated November 17. The grant of a grant under this Order does not entail any obligation, on the part of the Autonomous Agency for Central Traffic, to award grants in the following financial years for similar actions. 9. The resolution shall be notified to the applicants at the address which each of them points out in the relevant application.

10th. Financing of the actions submitted.-The aid will be financed from the budget appropriations of the Autonomous Body of Central Traffic.

The amount of the aid is conditional, in any case, on the ceiling of the budgeted credit. The applicant institutions shall complete the paragraph referred to in the budget, as set out in Annex III, specifying the estimates of expenditure they deem necessary for the performance of the various actions carried out by the content of the budget. corresponding activity, differentiating between current expenditure and investment expenditure. The grants shall be compatible with other grants having the same purpose, taking into account that the amount of the subsidy in no case may be such that, in isolation or in competition with other grants, aid, etc., exceeds the cost of the subsidised activity, as provided for in Article 19 (2) and (3) of Law 38/2003 of 17 November. The concepts of expenditure outlined below will be subject to the following limitation:

(a) The remuneration of the staff of the institution which is attached to the implementation of the subsidised programme may only be the subject of a grant up to the amount of remuneration fixed by the various groups professionals in the Single Collective Agreement for the staff of the General Administration of the State. In no case may the grant funds be financed from expenditure incurred by activities carried out under the condition of members of the Boards of Directors or Boards of Directors of the institutions.

(b) Travel allowances and travel expenses may be subject to subsidies provided that they do not exceed 25% of the total amount of the grant awarded to the programme for which they are charged.

11th. Obligations of the entity or organization benefiting from the grant. -Grant beneficiaries are required to:

(a) To carry out the activity that bases the grant of the grant in the form, conditions and deadlines established in these regulatory bases and in the calls.

(b) to justify to the General Directorate of Traffic the performance of the activity for which the grant has been awarded by the presentation of the final memory, as set out in Annex IV and the corresponding supporting account. (c) The beneficiaries shall expressly and clearly indicate in any of the material means used for the dissemination of the activities supported, that they are carried out with the financing of the Directorate-General Traffic. (d) Submit to the verification actions to which they are required, providing as much information as requested to verify the adequacy of the programmes to the general and specific assessment criteria provided for in paragraph 7 of the regulatory bases, and those of financial control corresponding to the General Intervention of the State Administration, and should also provide as much information as requested by the Court of Auditors, in relation to the aid granted. (e) to communicate immediately, to the Directorate-General for Traffic, the procurement of the grants which, for the same purpose, have taken place after the grant has been granted, from any public or private government, national or international, as well as their amount and the application of such funds to the activities supported. (f) Credit, in advance of a proposal for a concession resolution which is in the current form of tax and social security obligations. (g) Dispose of the accounting records, completed records and other documents duly audited in the terms required by the rules in force, in order to ensure that the proper exercise of the powers of verification is ensured; and control by the competent bodies. (h) Keep the supporting documents for the implementation of the funds received, including electronic documents, in order to enable them to be subject to verification and control actions. i) Communicate to the General Directorate of Traffic any variation suffered, from the date of its presentation, in the statutes or in the composition of the Board of Directors or the governing body, contributing its registration in the corresponding Register. (j) Proceed to the reimbursement of the funds received in the cases referred to in Title II of Law 38/2003 of 17 November, and Title III of the Rules of Procedure for the Concession of Public Grants. (k) to carry out the activities supported within the time limit laid down in the Regulatory Bases and in this Resolution.

12th. Time limit and form of justification for expenditure.

1. The justification for the subsidized expenditure shall be in accordance with the provisions of Title I of Law 38/2003 of 17 November and Title II of the Rules of Procedure for the Concession of Public Grants.

The supporting documentation shall be submitted within 15 days of the end of the period for the implementation of the subsidised activity. 2. For each of the actions supported, the justification for the expenditure shall be made by the presentation of the corresponding supporting account with the contribution of the supporting documents, containing the documentation set out in the Article 72 of the Rules of Procedure for the Concession of Public Grants, and in particular:

(a) A memory of the performance of the conditions imposed in the grant of the grant, indicating the activities carried out and the results obtained.

b) An economic memory supporting the cost of the activities carried out, which shall contain:

A classified relationship of the expenses and investments of the activity, with identification of the creditor and of the document, its amount, date of issue and, date of payment.

Invoices or documents of equivalent probative value in the commercial legal traffic or with administrative efficiency incorporated in the relationship referred to in the preceding paragraph and, the supporting documentation of the payment.

The supporting documents for staff costs shall be accompanied by the payroll of the person concerned, duly signed or with a document certifying the bank transfer and the supporting documents of the retentions and income in the State Administration of Tax Administration and, where appropriate, income in the General Treasury of Social Security.

The travel expenses and expenses necessary for the implementation of the programmes will, in their justification, be subject to the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for service reasons, application in all cases the amounts corresponding to the group I, which are in force at each moment. 3. Where the grants awarded are less than EUR 60,000, the justification for the expenditure shall be made by the presentation of a simplified supporting account, which shall contain the information set out in the Article 75.2 of the Rules of Procedure for the Concession of Public Grants. 4. If the period of justification has expired, the entity shall not have filed the relevant documents, the obligation to justify, with the consequences provided for in Articles 30.8 and 37 of Law 38/2003, of 17 November.

13th. Payment of the grants.

1. The payment of the grants shall be made on the basis of a justification for the implementation of the subsidised activity and the expenditure incurred in accordance with the provisions of paragraph 12 of these Bases, subject to verification and the Directorate-General for Traffic.

2. The decision granting the aid may recognise the advance payment, which may be up to 75% of the amount granted, subject to the establishment of an equivalent guarantee in the General Deposit Box, in any of the the procedures laid down in its Rules of Procedure, adopted by Royal Decree 161/1997 of 7 February 1997, and in compliance with the limitations laid down in Article 34 of Law 38/2003 of 17 November 1997. The costs of the bank guarantee may be included by the applicant in the economic cost of the Subsidy. The remaining percentage shall be paid on the basis of the justification for the implementation of the subsidised activity and the expenditure incurred, in accordance with the provisions of the preceding paragraph of this paragraph, at which time it shall be ordered, where appropriate, the cancellation of the guarantee. 3. The payment shall be made by bank transfer to an account opened by the entity exclusively for the income and payments referred to the grant granted, in respect of which the information may be required by the Administration. in your case you need to.

14th. Responsibility and sanctioning regime. -Entities or organizations benefiting from grants will be subject to the responsibilities and sanctioning regime that on administrative infractions in the field of grants establishes Title IV of Law 38/2003 of 17 November and Title IV of the Rules of Procedure for the Concession of Public Grants.

15th. Reintegros. -Procedera the drawback of the amounts received in the cases and in accordance with the procedure laid down in Title II of Law 38/2003 of 17 November, and in Title III of the Rules of Procedure for the Concession of Public Grants. The drawback shall be total or partial according to the degree of non-compliance or justification and shall also depend on whether such non-compliance is a formal, sub-health or material obligation. In accordance with Article 32.2 of that Regulation, where the subsidy has fixed the public contribution as a certain amount and without reference to a percentage or fraction of the total cost, it shall be understood as of the beneficiary the difference of financing necessary for the total implementation of the subsidised activity. If the total justified cost of the activity is less than the amount of the subsidy, the refund shall be claimed for the difference paid. Sixteenth. Monitoring and evaluation of grants. -In accordance with Articles 14,1c) and 32.1 of Law 38/2003, 17 November, the entities or organizations benefiting from the grant will be subject to the verification, monitoring and evaluation to be determined by the Directorate-General for Traffic, providing information as required in order to verify the correct implementation of the actions supported. The subsidised entities or organisations shall regularly provide the degree of compliance or performance of the actions, in accordance with the timetable and follow-up instructions given to them by the competent body.

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