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Order Fom / 2107/2007, Of July 3, By Which The Regulatory Bases For Granting Aid To Pilot Programs That Promote Sustainable Mobility In Urban And Metropolitan Areas Are Approved.

Original Language Title: ORDEN FOM/2107/2007, de 3 de julio, por la que se aprueban las bases reguladoras para la concesión de ayudas a programas piloto que promuevan la movilidad sostenible en ámbitos urbanos y metropolitanos.

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The Strategic Plan for Infrastructure and Transport (PEIT), approved by the Council of Ministers on 15 July 2005, includes among its guidelines and basic lines of action a set of measures to promote a sustainable urban mobility. To this end, and given the complexity of the processes linked to urban mobility and the competence distribution in infrastructure and transport, the PEIT considers it necessary to develop a coordinated action of the different administrations, in order to provide a coherent and effective response to the challenges and challenges posed by sustainable urban mobility. In this respect, the PEIT proposes to define the actions of the Ministry of Development in urban areas in an integrated and coordinated manner with the other Administrations and, following the recommendation of the European Union within the development of its Program Action in the Environment, to promote the figure of the Sustainable Mobility Plans as a framework for the actions of the different administrations. In addition, the PEIT provides the impetus for pilot programmes for innovation in transport with the aim of supporting other public administrations and all actors in the transport sector to put in place novel measures, with the urban transport the priority area of action. Such measures include, for example: the implementation of plans for the mobility of enterprises, the improvement of traffic management and public transport, the personalised marketing of public transport, the improvement of the participation processes public, the reduction of mobility needs, the optimization of logistics in the transport of goods, etc. The international commitments undertaken in the fight against climate change require a distribution of equitable reduction efforts between sectors, depending on their potential and their contribution to the problem as they are collects in the National Plan for the Allocation of Greenhouse Gas Emissions 2005/2007, approved by Royal Decree 1866/2004, and subsequently, the National Plan of Allocation for 2008-2012, approved by Royal Decree 1370/2006. The satisfaction of citizens 'urban mobility needs through sustainable responses is a challenge to which businesses, citizens' groups and public administrations must face up. In turn, the Action Plan 2005-2007, of the Spanish Strategy for Energy Efficiency (E4), approved by the Council of Ministers on 8 July 2005, attaches importance to the transport sector and includes a number of measures. referred to by the PEIT. Also on 16 February 2007, the Council of Ministers approved the Spanish Air Quality Strategy, which establishes lines of action to meet the quality values and objectives that prevent, prevent or reduce the harmful effects of the main air pollutants. The strategy seeks to ensure that air quality is integrated into other policy areas such as energy, transport, agriculture, the economy and taxation, the residential sector, as well as urban planning and planning. In terms of transport, in particular, it seeks to rationalize demand and the need for mobility on a par with the promotion of less polluting modes of transport, more efficient and cleaner fuels and technologies. With the support of the pilot programmes for innovation in transport, it is a question of supporting a small number of projects or initiatives which, because of their innovative nature, quality and feasibility, and their ability to provide useful experiences for their In other cases, they can serve as dynamic elements of policies and actions aimed at sustainable urban mobility. It is therefore not a question of financing certain policies or measures, but of supporting specific or specific experiences that can serve as a basis for future development, both in the actions of the Ministry of Development and in the environment. urban and metropolitan areas, as well as the urban transport policies developed by the Autonomous Communities and Councils, and even for the strategies and decisions of private actors. For this reason, the aid is designed as an instrument of financial support for proposals or initiatives, of an exceptional nature, small amounts and limited to a small number of the best projects, in order to obtain results. generalizable and usable by all public and private actors. In no case, these aid are intended to finance R & D + i projects in the field of transport, which already have the corresponding financial support framework of the Ministry of Public Works, but specific or specific projects and initiatives with implementation immediate practice. However, in order to coordinate and manage in a unified manner with the other aid developed in the Ministry of Public Works, the calls and their resolution will be carried out by the Secretariat. With this Order, the planning, design and implementation of infrastructures of general interest, which in the urban and metropolitan areas and in accordance with the guidelines of the PEIT, must be defined coordinated with local and regional authorities and, on the other hand, programmes planned in the PEIT, which have been approved by the Government in the exercise of its planning and coordination powers. Taking into account the nature of the intervention, the reduced budget allocation, the difficulty of its territorialisation and the criticisms raised by the implementation of agreements, the aid has been granted in the form of aid in the competitive competition, in accordance with the principles of objectivity, publicity, transparency, equality and non-discrimination guaranteed by Law 38/2003 of 17 November, General of Grants, regulator of the general legal regime of the grants awarded by the public authorities and which establishes the the requirement to approve the basis of the calls for aid. For all this, according to what is indicated, this Ministry, prior to the report of the General Secretariat of the Technical Secretariat, the Department of State of the State of the Department and the Delegate Intervention, has agreed to approve the regulatory bases of the aid for programs. Pilot of innovation in transport in order to contribute to the sustainable mobility objectives set out in the PEIT, in the E4 and the rest of the regulation cited. In its virtue, I have:

First. The purpose of this order is to regulate the procedure for granting, on a competitive basis, in accordance with the principles of objectivity and publicity, aid for the development of pilot programmes which, by virtue of their innovation, for its quality and feasibility, and for its capacity to provide useful experiences for its implementation in other cases, can serve as dynamic elements of policies and actions aimed at sustainable mobility in the urban and metropolitan.

The actions related to this order are intended to comply with the basic guidelines contained in the Strategic Plan for Infrastructure and Transport (PEIT), in relation to actions that promote mobility. sustainable urban. Second. Beneficiaries.

1. They may be applicants and beneficiaries of such aid, the Public Administrations, Consorcios and Transport Authorities, state mercantile companies, business entities and other public bodies, as well as private companies which submit a proposal relating to the subject matter of this call.

2. The beneficiaries of the aid must meet the requirements and fulfil the obligations laid down in Articles 13 and 14 of Law 38/2003 of 17 November, General of Grants. 3. If the Autonomous Communities, the Local Corporations or their Management Agencies act as collaborating entities, it shall be governed by Articles 15 and following of Law 38/2003, General of Grants.

Third. Types and characteristics of the projects.

1. These aids may be the subject of studies, plans, programmes, projects and activities which promote sustainable mobility in urban and metropolitan areas, in particular those aimed at promoting the promotion of public transport and mobility. motorised, transport safety and the energy efficiency of transport.

2. The projects covered by the aid will have to develop innovative solutions of general interest for their implementation in other urban areas. In addition, it will be necessary to justify in all initiatives the adequacy of the criteria established by the Government in the PEIT. Projects can be coordinated, i.e. with the participation of different entities. 3. The proposals shall include an assessment of the economic costs and expected effects, such as the saving of the time of transfer or energy, and shall explain the environmental effects of the proposals, increase of safety, etc. 4. Among the lines of action that can be addressed in the projects covered by these aids are:

a) Development and implementation of mobility plans in companies and other centres of activity.

b) Measures to improve and optimize the exploitation of public transport. (c) Measures for the management of urban traffic. d) Custom marketing of public transport. (e) Measures to support non-motorised transport. f) Optimisation of freight distribution logistics. (g) Improvement of safety in transport. (h) Plans and measures to reduce mobility needs. i) Improvement of public participation processes in the development of Sustainable Mobility Plans or other actions in the urban environment. Fourth. Financing.

1. The Projects will be financed from the State's General Budget and will be paid at a maximum of four annuities. The duration of the project shall not exceed thirty-six months.

2. The proposed aid may not exceed 60% of the budget of the proposed project and will always be a subsidy. The final amount shall be determined in each case in the selection process taking into account the score obtained in the seventh base, paragraph 1, and the available budget.

Fifth. Applications and requirements of applicants.

1. Applications for grants shall be made in writing to the Secretariat of the Ministry of Public Works and shall be accompanied by documents certifying compliance with the requirements necessary for the granting of the aid. requested as well as the detailed budget, time limit for implementation, description of the content of the project and explanatory and supporting memory of its suitability. They may also be accompanied by a number of documents which may be considered to facilitate the assessment of the project by the instructor.

2. In the event that the applicant is a public or private company, it must meet the following requirements:

(a) To be legally constituted and to accredit the legal personality of the same by authorized copy of the document of constitution, duly registered in the corresponding Register and card of tax identification.

b) Dispose of structure, solvency, effectiveness and sufficient capacity to ensure the fulfilment of the objectives. (c) to have fulfilled, where appropriate, the obligations of the Ministry of Development resulting from other grants and contracts previously obtained. (d) Not to be in any of the causes provided for in Article 13.2 of Law 38/2003.

3. The time limit for the submission of applications shall be the day following the publication of the notice in the Official Gazette of the State and shall end 30 calendar days thereafter. Sixth. Competent bodies for the convening, instruction and resolution of the procedure.

1. The Secretariat of the Ministry of Public Works shall carry out the annual call for aid, by means of a resolution to be published in the "Official State Gazette".

2. The competent body for the instruction of the procedure shall be the Selection Board, which shall be chaired by the Secretariat of the Department, composed of a minimum of four and a maximum of six members. In its composition, there will be, as far as possible, parity between men and women. The members shall be appointed by the President of the Selection Board, among the officials of Group A, on a proposal from the following management centres: Secretariat of State for Infrastructure and Planning, Deputy Secretary, General Secretariat of Infrastructure, General Secretariat for Transport. He shall act as Secretary, with a voice but without a vote, an official, from Group A or B, from the Subdirectorate-General for the Management of Aid, Grants and Projects, appointed by the President of the Commission. 3. The Selection Board shall also have the following powers:

a) Request how many reports you deem necessary to resolve the procedure.

b) Distribution of applications among the management bodies of the Department for valuation. (c) Evaluation of the applications made in accordance with the assessment criteria established in this order. (d) The wording of the motion for a resolution.

4. The Secretariat of the Ministry of Public Works will decide to grant the aid. Seventh. Procedure for the assessment of applications.

1. Evaluation of projects. The Selection Board, with the support of the Directive Centres with competence in the field of projects presented, will assess these according to objective criteria for urban and metropolitan mobility and their energy efficiency and environmental.

Take into consideration the following aspects:

(a) Project adequation to the objectives of the call and the guidelines of the PEIT, in the field of sustainable urban mobility: zero to three points.

b) Prospects for the practical implementation of the project's results in other areas of action: zero to two points. c) Assessment of the expected results and benefits of the project: zero to three points. d) Adequation of the draft budget to the proposed activities and justification of the project: from zero to two points.

To access the beneficiary condition it will be necessary to obtain a minimum score of 5 points and not to have obtained zero under any heading.

2. Selection of projects. The Selection Board shall formulate the proposal for a provisional resolution, which shall include the allocation of the budgetary allocation between the different projects proposed as successful tenderers.

Eighth. Resolution.

1. Notification of the provisional decision. In accordance with Article 24 (4) of Law 38/2003, the proposal for a provisional resolution shall be communicated to the applicant, indicating the amount of the proposed aid and the conditions and time limits for the implementation of the project. The applicant shall, within 10 calendar days, express his or her express acceptance or state the arguments which it considers appropriate, and may, where the amount of the grant of the provisional motion for a resolution is lower than that shown in in the application submitted, make the reformulation of the application to adjust the commitments and conditions to the grant grant. The reformulation of applications must comply with the object, conditions and purpose of the grant, giving valid criteria for the assessment of applications or requests.

2. The final resolution will be approved by the Secretariat of the Ministry of Public Works, on a proposal from the Selection Commission. The decision shall be reasoned in accordance with the provisions laid down in these bases and, in any event, the basis of the decision to be taken, which shall terminate the administrative procedure and may be declared partial or (a) the invitation to tender or to amend the requested aid, by splitting or reducing it in accordance with the interest of the subject and the available budget. 3. The decision shall be made within a maximum period of six months from the publication of the notice and shall be notified by publication in the Official Gazette of the State. Applicants who have not received notification within that period may, by administrative silence, understand the application for the grant of a grant.

Ninth. Coordinators.-For the monitoring and control of each project, the Secretariat of the Ministry of Development shall appoint, on a proposal from the Selection Commission, a coordinator responsible for such control and monitoring.

10th. Monitoring and control of work.

1. The following documents shall be drawn up by the subsidised entities: (a) A plan of work adapted to the amount of aid granted, detailing the stages and conditions for the implementation of the project. The deadline for the delivery of the work plan shall be no more than three months after the publication of the final decision.

(b) A progress report on the project at its intermediate stage, to be delivered when the work is carried out, at least 50 per 100 and no later than 2/3 of the final implementation period. c) A progress report on the project in its final phase.

2. The documents shall be submitted with the agreement of the legal representative of the beneficiary institution, the project coordinator, together, in the case of coordinated projects, the reports for each of the entities. participants in the project. The paper copy will be attached to a CD, in word processing format compatible with Windows.

3. The coordinator shall draw up a monitoring, control and dissemination plan to be completed by the subsidised entity. 4. Where appropriate, the coordinator may request the submission of supplementary information which he considers appropriate. 5. A certificate from the Management or Accounting Service of the participating entity or entities shall be sent together with the corresponding reports, specifying, detailed by concepts, the expenditure incurred, presenting the supporting, original or certified, of the costs incurred. 6. Once the relevant documentation has been studied, the project coordinator shall forward the project together with the certificate of execution of the corresponding work so that the payments for the approved aid can be paid.

11th. Concepts that can help. Requirements for the payment and justification of the fulfilment of the purpose and the application of the funds.

1. Concepts that can help. (a) The aid provided for in this order shall be used to cover expenditure directly related to the implementation of the projects supported.

(b) In the budget presented by the beneficiary, the aid may be applied to the following concepts:

i. Own or contracted staff costs specifically for the implementation of the project or action.

ii. Expenditure of inventoried material, including equipment, equipment, software and bibliographic material necessary for the implementation of the project or action. iii. Expenditure of consumable material exclusively for the project or action iv. Other expenditure.

2. Where the eligible expenditure exceeds the amount of EUR 30 000 in the case of the execution of the work, or of EUR 12 000 in the case of supply of goods for equipment or services, the provisions of Article 31 (3) and (3) shall be taken into account. The following, of Law 38/2003, of 17 November, General of Grants, to this end, the beneficiary will have to request at least three offers from different suppliers, with character prior to the contraction of the commitment for the presentation of the service or the delivery of the goods, except for the special characteristics of the financial expenses there is a sufficient number of entities on the market that supply or provide it, or unless the expenditure has been made prior to the application for the grant. The choice between the tenders submitted, which shall be provided in the justification, shall be made on the basis of efficiency and economic criteria.

3. Pursuant to Article 31.4 of Law 38/2003 of 17 November, General of Grants, the destination of the goods at the end of the day for which the aid is granted shall be at least five years in the case of goods entered in the public register and two for the other goods; in addition, the provisions of Article 31 (4), (5) and (6) of that Law shall be followed. 4. Where an applicant beneficiary is unable to develop the whole of the subsidised activity by himself, subcontracting shall be permitted up to a maximum of 50 per 100 of the amount of the subsidy in accordance with the terms laid down in Article 29 of the Law 38/2003, of 17 November, General of Grants. In the case of coordinated projects, no project member entity may, in turn, be subcontracted by another member entity of the same project. 5. The payment of the grants shall be made once the completion of the activities and expenses for which they were granted has been documented, following a favourable report by the coordinator. 6. However, if the available budgetary resources permit, the payment may be made even if it has not been completed or justified to carry out the expenditure on which the aid is intended to be financed by the Commission. total or partial amount of the subsidy. In this case, proof of the guarantee constitution must be submitted to the General Deposit Box at the disposal of the Secretariat of the Ministry of Public Works, for the total amount of the financing to be justified in the the time of the application for the advance payment, in accordance with the provisions of the General Deposit Box Regulation, 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. 7. The security shall be lodged for an indefinite period and shall be enforced if the justification for the expenditure provided for in the decision on granting is not justified. The guarantee shall be cancelled as soon as the justification for the implementation of the activity and the eligible expenditure is made. 8. In any event, before 1 December of the year in which the aid has been granted, the justification for the expenditure shall be submitted, either by providing the documentation referred to in the following paragraph, or by supporting the evidence of the lodging of the security in the event of failure to do so. 9. Where the payment is made, the implementation of the projects and the corresponding expenditure must be justified before a month has elapsed since the date of completion of the activity and, in any event, before 1 December of the year following the year of the granting of the aid. The justification for the fulfilment of the purpose for which the grant was awarded will be made by means of the supporting account defined in Chapter II "Justification of Grants", of the Royal Decree 887/2006, of 21 July, which develops the Law 38/2003, of November 17, General of Grants.

Therefore, the beneficiary entity must submit a certificate from the Management or Accounting Service with the following information:

1. For all types of entities, a classified relationship of the expenses and investments of the activity attributable to the project, with identification of the creditor and the document, its amount, date of issue and date of payment.

2. A breakdown of other income or subsidies which have financed the subsidised activity with an indication of its amount and its origin. 3. In the case of entities not subject to the jurisdiction of the Court of Auditors, in addition to (a) and (b), original or certified invoices included in the list referred to in paragraph (a) above. Together with the final report, it will also be sent, if appropriate, photocopy of the refund to the Treasury of the unused funds. Expenditure shall be credited by means of invoices and other documents of equivalent probative value.

12th. Obligations of the beneficiary. The acceptance of the aid by the beneficiaries implies the subjection to the obligations arising from the existing rules on aid and public subsidies, established in general in Article 14 of Law 38/2003, and in particular, shall be obliged to:

(a) Make the project supported by the deadline.

b) Maintain continued contact with their respective coordinator, follow their directions and submit to them the progress reports that are in line with the proposed phases of the work. (c) Credit before the entity the performance of the activity as well as the fulfilment of the requirements and conditions that determine the grant of the grant, with the contribution of the documents required according to the provisions on the bases. (d) Submit to the monitoring, control and dissemination plan that this Department considers appropriate to establish, which will be sent to it by the project coordinator and/or the Secretariat of the Selection Committee. (e) The submission to the verification actions corresponding to the General State Intervention, in relation to the grants and aids granted and those provided for in the legislation of the Court of Auditors. (f) Communicate to the granting authority, where appropriate, before the end of the period of performance of the activity, or with the corresponding reports, the obtaining of grants or aid for the same purpose from any public or private, national or international public administration. (g) To provide information as required by the Court of Auditors. (h) 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. (i) To record in any public communication (posters, propaganda, publications, etc.) concerning the work carried out by the Ministry of Public Works, with the logo of the Ministry of Public Works and the phrase " With the grant of the Ministry of Public Works. "

13th. Modification and cessation.

1. Any alteration of the conditions under consideration for the grant of a grant may give rise to the modification of the concession or, where appropriate, to the cancellation of the grant.

2. The subsidised entities are required to communicate any eventuality which alters or hinders the development of the subsidised activity so that, if the sufficient entity is deemed to be sufficient, the modification of the the content and size of the project supported as its form and time limits for the implementation and justification of the expenditure concerned. 3. Such requests for amendment shall be sufficiently reasoned and shall be made immediately to the appearance of the circumstances justifying it and, in any event, before the end of the period of execution of the the subsidised activity. 4. The cessation of the subsidised activities, without justified cause, shall determine the reimbursement obligation on the part of the beneficiary.

Fourteenth. Time and form of payment of the aid.

1. The aid which is regulated in this order shall apply to projects which are in operation or are initiated in the year of the call. In cases where they are of a multi-annual nature, the contributions corresponding to the following periods shall be subject to the budgetary provisions of those annuities.

2. For the payment of the aid granted, the following criterion shall be followed as far as possible:

A 40 per 100 to the work plan presentation.

A 30 per 100 to the interim report delivery. 30 per 100 at the conclusion of the work and delivery of the final report.

3. In the case of no funds already received, the entities shall return the funds to the Treasury, referring to the original document or photocopy of the Treasury income of the unused funds. Fifteenth. Compatibility of the aid.

1. The aid provided for in this Order is compatible with any other State, national or international departments, administrations or public or private entities granted to subsidise the same activity.

2. The amount of the grants shall in no case be such that, in isolation or in competition with other grants, aid, income or resources, it exceeds the cost of the subsidised activity. In any case, the concurrent grant of grants or aid granted must be notified to the Ministry of Public Works.

sixteenth. Non-compliance, revocation and recovery of the aid.

1. The total or partial non-compliance with the obligations assumed by the beneficiaries, as well as the requirements laid down in this order and other applicable rules and the conditions which, where appropriate, are laid down in the relevant resolution of the granting, prior to the timely filing of non-compliance, the cancellation of the aid and the obligation to reintegrate the aid and the corresponding delay interest, in accordance with the provisions of Article 37 of Law 38/2003 and, eventually, to the responsibilities which may result from it, as provided for in the Articles 59 et seq. of that law. For the reimbursement of the amounts received, the provisions of Article 42 of the said law shall be included.

2. In order to graduate non-compliances, account shall be taken of criteria of proportionality, the degree of implementation of the projects, their justification and the amount of expenditure incurred, as well as all the concurrent circumstances permitting to verify the effective implementation of these objectives and to ensure that the objectives are achieved. In any case, the following rules shall be taken into account:

(a) The drawback shall be total when the projects are not carried out, and when they are performed partially it shall be proportional to the unrealized part.

(b) The failure to submit the required documentation in time shall result in the recovery or cancellation of the aid in relation to the activities concerned. (c) The quantities delivered and unused must be reintegrated in their entirety.

3. The Secretariat of the Ministry of Public Works, acting on a proposal from the respective coordinator and prior to the case instructed to do so, may revoke the grant or interrupt the enjoyment of an aid, if one of the following causes:

(a) That it is established that there is a failure to provide any relevant information or information in the documentation of the application.

(b) the beneficiary does not deliver in time and form the final work or final and intermediate reports or the coordinator considers that they do not meet the quality and content requirements of the initial project or their project; subsequently authorised amendments.

4. The revocation shall require the beneficiary to reintegrate the public treasury with the amounts that he would have received up to the time of the agreement and the corresponding interest on late payment.

5. Where the development of the work is not or is not possible to continue, for reasons inherent in the feasibility or nature of the project, or others, duly justified in the judgment of the coordinator or the Selection Board, it may be resolved and to interrupt the aid by mutual agreement.

In case of closure or conclusion of the file, the Secretariat of the Ministry of Public Works, appreciating the circumstances, will decide, if appropriate, the full or partial refund of the amounts paid or simply suspend and cancel pending payments.

seventeenth. Legal regime.

1. The submission of applications implies acceptance in all its terms of these bases, the rules established in the call and the agreements adopted by the Selection Commission and the coordinator of the Project appointed for each file, which shall transmit to the Secretariat of the Selection Commission any communication which it formally issues or receives from the project representative.

2. The aid in the area of this order will also be governed by the regulatory bases approved by it and the corresponding call, by Law 38/2003, of 17 November, General of Grants, Royal Decree 887/2006, of July 21, by the the Regulation of Law 38/2003 and its implementing provisions, the other rules of administrative law, and, failing that, the rules of private law will apply.

Single end disposition.

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

Madrid, 3 July 2007.-The Minister of Development, Magdalena Álvarez Arza.