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Order Apu / 293/2006, Of January, Development And Application Of Royal Decree 835/2003 Of 27 June, The Economic Cooperation Of The State Regulates Investments Of Local Authorities 31.

Original Language Title: Orden APU/293/2006, de 31 de enero, de desarrollo y aplicación del Real Decreto 835/2003, de 27 de junio, por el que se regula la cooperación económica del Estado a las inversiones de las Entidades locales.

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TEXT

Royal Decree 835/2003, of 27 June, which regulates the economic cooperation of the State to the investments of the local entities, has been partially modified by the Royal Decree 1263/2005, of 21 October, with the the objective of opening two new lines of assistance to co-finance Local Administrative Modernization projects and projects with Civil Society Participation, while maintaining, as objectives of the State's Program of Local Economic Cooperation, the contribution to the realisation of the investments included in the provincial and island plans of cooperation in the field of municipal competition works and services, as well as the contribution to Community assistance approved by the Commission of the European Union.

With the introduction of these economic aid lines, it is intended to achieve greater efficiency in the use of the resources available to them. In order to make it easier for local authorities to comply with the obligation to promote the interactive use of information and communication technologies, the support line for the co-financing of projects is set up. administrative modernization, in place of the singular projects in the field of local and urban development; obligation imposed on them the modification that of the Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, carried out the Law 57/2003, of 16 December 2003, of measures for the modernization of local government, with the object of to improve local public services for users and to facilitate the exchange of information between public administrations. Precisely, the application of new technologies will be a key instrument to facilitate citizen participation in local governments.

Both the Final Disposition of Royal Decree 835/2003 of 27 June, and of Royal Decree 1263/2005 of 21 October, amending Royal Decree 835/2003, entitles the Minister of Public Administration to In the field of their competences, they will lay down the rules necessary for the implementation and development of the provisions laid down in those texts, the main objective being the effective application of the provisions of these texts; (a) the rules laid down to avoid delays in the management of the procedures for the granting of grants.

Under these authorizations, and in order to achieve the purposes referred to, this Order is approved, of which the following matters stand out:

The structure of the State, as well as the development of the State's economic cooperation, as well as the development of the State's economic cooperation, is maintained, as is the case for the State's economic cooperation. Infrastructure and Local Equipment established Order APU/126/2004, of January 23.

In very similar terms to the previous regulation, with the exception of minor modifications, the normative block concerning the provincial and island cooperation plans is contemplated, which includes a wide set of paragraphs. from the conditions to be met by those Plans in order to obtain the grant from the General Administration of the State until the implementation of the remaining balances, which may be generated, by the approval of the Supplementary Plans regulated in a separate section, indicating in turn the content and information that the Plans (a) the provincial and island of cooperation and, where appropriate, the above mentioned supplementary plans, must be collected, as well as the requirements for their referral; details relating to the requests for extension both for the award and for the the execution of the works and also the procedure for payment of the grants, the content of the half-yearly information on the state of the execution of the works and the presentation of the liquidation of the said Plans.

Similarly, the criteria set out above are maintained and must be followed in the framework of the Community interventions co-financed by the local economic cooperation programme.

In relation to the projects of local administrative modernization, in the General Budget of the State for the year 2006, in Program 942A "Local Economic Cooperation of the State", an economic envelope is included " For projects of local administrative modernisation. " This budget appropriation is a new line of assistance from the Local Economic Cooperation Programme of the State managed by the Ministry of Public Administration through the Secretariat of State for Territorial Cooperation. the purpose of which is to contribute to the promotion of e-government at local level.

In this Order, within the scope of the local administrative modernization projects, regulated with a "former de novo" character, the characteristics of these projects are determined, as well as the conditions to be met by the beneficiaries of the grant and the documentation to be contained in the applications, a regulation of the time-limits for the award and the implementation and any extensions to which they may be granted may be granted; composition and functioning of the Valuation Commission which will raise the Resolution on the Secretary of State for Territorial Cooperation.

As regards the projects with the participation of civil society, it is a line of aid that although it is incorporated for the first time to the regulatory norms of the cooperation of the State to the investments of the Entities has already been implemented through the APU/1070/2005 Order of 15 April, establishing the regulatory bases for the granting of public subsidies for the co-financing of projects of local corporations with the participation of civil society, convening for the financial year 2005. This Order was drawn up as a result of an amendment to the General Budget of the State for 2005, which increased the allocation of the State's Local Economic Cooperation Program in order to finance projects with a participation of local civil society in Councils and other structures which have been regulated by the local authorities in the field of their competences and, following the demonstrated acceptance, by this line of aid, it has been understood Its inclusion in the rules governing the economic cooperation of the General Administration the State to the local authorities, collecting in this Order the content established for the first convocation, although, with some small modification that the practice has shown to be necessary for greater concretion and agility in the procedure of grant of the grants.

Within the development of the additional provisions of Royal Decree 835/2003, of June 27, and in line with the collected regarding the State contribution to the Single Plan of Works and Services of the Autonomous Community of Catalonia, which are included for the development of the particularities of this action.

This Ministerial Order includes paragraphs that complement the provisions of the fourth Additional Disposition concerning the use of electronic, computer and telematic means with the aim of responding to the principle of In order to facilitate the processing of aid, the following Annexes are to be included in the Order in order to facilitate the processing of the aid, in order to facilitate the processing of the aid. Grants:-Annex I a series of standard models of documents for the In the four areas of action defined-Annex II, the tables of codes for the 'Cabildos' and 'Island Councils'-Annex III, which has been amended in relation to the previous legislation, are collected in the four defined areas of action. Instructions for the codification of works and services, since all projects must have, in addition to a correlative identification number, a reference code, according to the class of use or public service to which the works are affected. Finally, in Annex IV, the codes of the supramunicial entities are collected.

In use of the privileges granted to me in the final disposition of Royal Decree 835/2003, of 27 June, and of Royal Decree 1263/2005, of 21 October, prior to the report of the National Commission of Administration Local, I have:

CHAPTER I

From the economic cooperation of the General Administration of the State to the investments of the local entities

First. Content of the economic cooperation of the General Administration of the State to the investments of the local entities.

Within the framework of the economic cooperation of the General Administration of the State may be included under the provisions of Article 3 of Royal Decree 835/2003, of 27 June, as amended by Royal Decree 1263/2005, of 21 October, the following investments:

(a) Those included in the provincial and island cooperation plans for municipal competition works and services.

(b) Those intended for the conservation and improvement of the road network for the ownership of the Provincial Diputations, and for the financing of these investments, up to 30% of the grant from the Administration General of the State granted to the provincial and island cooperation plan.

c) Those relating to works and services of municipal competence included in the various Community interventions approved by the Commission of the European Union co-financed by the local economic cooperation programme of the Status.

d) Those affected by local administrative modernization projects.

e) Those relating to projects with the participation of civil society.

Second. Local Infrastructure and Equipment Survey.

1. For the updating of the contents and maintenance of the Survey of Infrastructure and Local Equipment (EIEL), as provided for in Article 4 of Royal Decree 835/2003, of 27 June, a Working Group will be set up experts in the field.

2. Officials from the Directorate-General for Local Cooperation, representatives of the Local Authorities working in the Survey, representatives of the Autonomous Communities concerned, and, where appropriate, representatives of the Local Cooperation Directorate-General, may be part of the said Working Group. Survey-related institutions ' technicians.

3. The members of the Working Group shall be appointed by the Director-General of Local Cooperation. In the case of the representatives of the Local Corporations, on a proposal from the Association of Local Authorities of State-wide area with greater implementation, and for the representatives of the Autonomous Communities and Institutions, on a proposal of the same.

4. The Working Group will determine, among other topics, the minimum contents of the Survey, the technical prescriptions of the Data Model, the Questionnaire and Manual for the collection of information in the field, will define the information Cartographic, the Validations and Standards for data remission. It will also establish the frequency of updating of the information, as well as the recommendations of the systems for updating and maintaining the Survey. The above determinations will be elevated to the General Directorate of Local Cooperation, for approval.

5. It corresponds to the Directorate General of Local Cooperation, in addition to what is indicated in the previous section, within its function of coordination, to communicate to the working entities of the Survey, the date of the start of the work and completion, thus as the deadlines for the delivery of the information. In the same way, it will provide technical advice and economic collaboration for its implementation. This Steering Body will monitor the information provided by the Survey Entities, both partial, Questionnaire and cartography, and the total, and, if necessary, will perform sampling of the field work, in order to determine the quality of the information.

6. The Survey Entities shall be responsible for the work related to the collection, recording and validation of the information, in order to achieve the maximum reliability of the information and to be able to constitute the basic objective analysis instrument and assessment of the needs of the local authorities, for the elaboration, among others, of the Local Economic Cooperation Plans and Programs. The data of the updates of the Survey, will be submitted by the working entities to the Directorate General of Local Cooperation for incorporation to the Local Database.

CHAPTER II

From Provincial and Island Plans of Cooperation to Municipal Competition Works and Services

Third. Territorial distribution of grants from the General Administration of the State for the co-financing of the Provincial and Island Cooperation Plans.

According to the provisions of Article 5 of Royal Decree 835/2003 of 27 June for the territorial distribution of subsidies, the following factors and indicators will be taken into account:

(a) Needs of local infrastructure and equipment, relating to the provision of drinking water, sewerage, paving of the public roads, public lighting, sewage treatment, collection of urban waste and landfill, assessed through the information contained in the Local Infrastructure and Equipment Survey. The extension of the provincial and island road network will also be taken into consideration.

(b) Financial capacity of the corresponding farms, expressed by the ratio of budgetary resources to the population.

c) Territorial socio-economic factors: population, territorial area, number of population cores, inverse of provincial income and unemployment rate.

(d) Implementation of the preceding plans shall take into account the degree of implementation of the plans of the previous two years.

Fourth. Conditions of the Provincial and Island Cooperation Plans to obtain grants from the General Administration of the State.

According to the provisions of Article 7 of Royal Decree 835/2003 of 27 June, to obtain a grant from the General Administration of the State, the provincial and island plans for cooperation in works and services Municipal must meet the following conditions:

a) Investments must be referred to as defined in paragraphs (a) and (b) of the first paragraph of this Ministerial Order.

(b) The investments included in the State Grant Cooperation Plan each year must have a contribution from the local councils and entities that hold the works and services, not less than five per cent of their amount.

(c) The amount of the annual investment of the works with a State subsidy shall not be less than EUR 30,000.00.

Fifth. Documentation of the provincial and island cooperation plans for municipal competition works and services.

For the purpose of obtaining grants from the General Administration of the State, the provincial and island cooperation plans, including the actions of the road network, where appropriate, shall be composed of the following: documents:

(a) The justification for its objectives and the criteria for the distribution of funds, as referred to in Article 36.2 (a) of Law 7/1985, of 2 April, Regulation of the bases of the Local Regime, in which reference will be made the way in which the participation of the province's councils and the Autonomous Communities has taken place in the preparation of the plan.

In the Report the methodology followed in the use of the information contained in the Survey of Infrastructure and Local Equipment, according to its last update, will be indicated for the selection of the works and services, in compliance with the provisions of Article 10 (2) of Royal Decree 835/2003 of 27 June.

b) Certificate of the relationship of works of the Provincial and Island Cooperation Plans (Model 1A).

c) Certificate of the relationship of works that integrate the Supplementary Plan (Model 1C), in connection with the provisions of the Eighth Section of this Order referred to the Supplementary Plans.

Sixth. Preparation and approval of provincial and island cooperation plans for municipal competition works and services.

1. In compliance with Article 10 of Royal Decree 835/2003 of 27 June, the Provincial Diputations have to forward, before 1 April of the year corresponding to the Plan, to the Directorate General of Local Cooperation the Provincial and Island Plans of cooperation, with the documentation of the same related in the previous paragraph, together with its administrative file of approval.

2. In accordance with the provisions of Article 32 of the Recast Text of Legal Provisions in force in the field of Local Regime, approved by Royal Legislative Decree 781/1986 of 18 April 1986, the Provincial and Island Cooperation Plans, initially approved, shall be inserted in the "Official Gazette" of the province or, where appropriate, of the Autonomous Community, so that allegations and claims can be made on the same, for a period of ten days.

3. The administrative file shall consist of the following documents:

(a) Certification of the final approval agreement of the Plan or its initial approval provided, in the latter case, that no claims or claims against it are filed.

b) Certification that the initial approval act or agreement has been published in the "Official Gazette" of the province or the Uniprovincial Autonomous Community, and of the allegations and claims that, on the Plan, have been formulated for a period of 10 days, where applicable.

(c) Report of the Government Delegate, the Deputy Government Delegate or the Insular Director, as appropriate, or if it has not been issued within ten days of the receipt of the Plan, certifying certification of this circumstance, pursuant to Article 9 of Royal Decree 835/2003 of 27 June.

d) Report of the respective Provincial Commission of State Collaboration with the Local Corporations or, failing that, certification that it has not been issued within ten days from the receipt of the Plan, as Article 9 of the said Royal Decree.

Seventh. Information on the investments included in the Cooperation Plan financed with the grant of the General Administration of the State.

The works, which integrate the provincial or island cooperation plan presented to the Ministry of Public Administrations, related to the certification of the approval of said Plan, in the standard document (model 1A for the provincial or island plan and model 1C for the supplementary plan), must appear in the following terms:

(a) The name of the works must be sufficiently descriptive of the actions contained in the corresponding project and its location, with an indication of the population nucleus where the works are carried out, if the municipality consists of more than one.

In the works of improvement and conservation of the road network, in addition, the kilometers between which they are executed will be included.

(b) In the multi-annual projects, following the description of the actions, this condition shall be stated, as well as the annuity referred to in the investment included in the Cooperation Plan.

(c) In the works corresponding to a particular phase of a project, following the description of the actions, the stage referred to in the investment that is included in the Cooperation Plan shall be recorded.

(d) Works must have a correlative identification number, as well as a reference code according to the class of use or public service to which they are affected, in accordance with the classification set out in Annex III of this Order. In the case of a variety of works that are part of a complex project to satisfy more than one service, the reference code corresponding to the action shall be assigned to the main service of the project for cataloging.

(e) The identification number, as well as the code of work and the name given in the Plan, must be kept unchanged in all documents relating to the execution of the plan for referral to the Directorate-General of Local cooperation, both for the purposes of the processing of the grants and for the monitoring of their implementation and liquidation.

Eighth. Supplementary Plan.

1. According to Article 8 (2) of Royal Decree 835/2003 of 27 June, the Provincial Diputations will approve a supplementary plan of the provincial cooperation plan for the implementation of the remaining state grant funds. they could originate in accordance with the provisions of Article 15 of Royal Decree 835/2003 of 27 June.

2. The approval of the Supplementary Plan may be produced in unit of act with that of the Provincial Cooperation Plan, as an integral part of the same file, or separately. The complementary plan approved separately, where appropriate, is subject to the same content requirements, procedure and time limits as the Provincial Cooperation Plan.

3. The Supplementary Plan should include independent works, so no subsidy will be given to the cost increases in the implementation, resulting from the reform of the projects to include the complementary works resulting from the project. need to be implemented as a result of unforeseen circumstances, with the limitations laid down in the administrative procurement legislation.

4. The Provincial Diputations may postpone the completion of the program of financing of the related works in the corresponding certificate (model 1C) when they decide and communicate to the Ministry of Public Administration the application of the state credit balances produced, but shall record the name of the work, its location and the amount of the budget.

5. Finally, the supplementary plan must remain unchanged in respect of the works which are part of it, although the Directorate-General for Local Cooperation may, exceptionally, authorise the alteration of the content of the after final approval, at the reasoned request of the Provincial Diputations with the participation of the municipalities concerned when circumstances arise which, in the opinion of the said management body, constitute a justification.

6. In concurrence with the works of the Supplementary Plan to be approved by the Provincial Diputations, as provided for in Article 8.2 of Royal Decree 835/2003, of 27 June, they will be able to obtain a grant from the General Administration of the State in application of the remaining assets in the credit allocated to the Cooperation Plan, the works included in the Plan of Cooperation without input from the General Administration of the State, and those that have been awarded the grant of the amount percentages provided for in Article 6 of the said Royal Decree.

Ninth. Extension of the time limit for the award of works.

1. The request for an extension of the time limit for the award of works, as provided for in Article 11 of Royal Decree 835/2003 of 27 June, shall be made, where appropriate, by the Provincial Diputations, with respect to each of the works for the award of which the extension is requested, the exceptional circumstances in respect of which such award cannot take place within the time limit set out in general.

2. In order to comply with the provisions of Article 49.3 of the Law of Legal Regime of Public Administrations and Common Administrative Procedure, Law 30/1992, of November 26, only those requests for extension will be processed. they are sent to the Directorate-General for Local Cooperation before the 15th of September through their presentation in any of the places provided for in Article 38.4 of the said Law 30/1992 and Article 2 of Royal Decree 772/1999, of 7 May, by which regulates the submission of applications, written and communications to the Administration State General.

3. Applications for extension, which meet the conditions required for processing, shall be deemed to have been granted if no decision has been taken within 15 days of the date of the award of the contract being met. express.

10th. Freeing up of grants.

1. As a prerequisite for the payment of 75 per 100 of the final amount of the grant awarded, the Provincial Diputations shall forward to the Directorate-General for Local Cooperation the certification of the award of the work (Model 3A) or, in where appropriate, to the agreement on the direct execution of the works (model 4A), before 1 December of the financial year corresponding to it.

In the multi-annual works the 2A model shall be used, as appropriate.

2. For payment of the remainder up to 25 per 100 of the grant, the beneficiaries of the grant will be required to submit to the Directorate-General for Local Cooperation, before 1 December of the subsequent financial year, if the work has been contracted. final certification (model 5A) and the act of receipt issued in accordance with the recast of the Law on Public Administrations Contracts; approved by Royal Legislative Decree 2/2000 of 16 June; or the certification for the termination of the work to be carried out in each annuity in the case of an investment of a character multiannual. If it has been directly implemented by the Administration, the final certification (model 6A) and the recognition and verification act shall be submitted in the terms of the administrative procurement legislation.

3. The time limits provided for in the preceding paragraphs have been completed, without having been recorded in the Directorate-General for Local Cooperation of the required certifications, or without stating the proof of receipt of their presentation within the time limits laid down in the any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and Article 2 of Royal Decree 772/1999 of 7 May 1999, the submission of applications, written and communications to the Administration is regulated State General, a reasoned decision shall be made to dismiss the payment of the State subsidy or the payment of 25 per 100 of the State subsidy, as appropriate, for failure to comply with the conditions imposed by reason of its concession.

4. By way of derogation from the foregoing paragraph, exceptionally, and by justification to be appreciated by the Directorate-General for Local Cooperation, payment of the subsidy may be processed in cases where the documentation referred to above is submitted after 1 December of the financial year concerned; provided that the said documentation is received at the Management Centre prior to the deadline laid down in the Order of the Ministry of The economic and financial situation in which the closing operations for each financial year are regulated, relating to the accounting for public expenditure; in no case shall the grants for which the supporting documentation for the payment be submitted outside the financial year concerned be the subject of the budget.

11th. Extension of the deadline for the execution of the works.

1. The request for an extension of the time limit for the execution of the works, as provided for in Article 14 of Royal Decree 835/2003 of 27 June, shall be made, where appropriate, by the Provincial Diputations, with respect to each of the works for the implementation of which an extension is requested, the exceptional circumstances in respect of which such execution cannot take place within the time limit set out in general or, where appropriate, extended period.

The application must necessarily contain the identification of the work or works concerned with an indication of the duration of the period to be extended, as well as the reasons for the termination of the application within the the execution established initially or, where appropriate, extended, the documentary justification supporting that statement being attached.

2. In order to comply with the provisions of Article 49.3 of the Law of Legal Regime of Public Administrations and Common Administrative Procedure, Law 30/1992, of November 26, only those requests for extension will be processed. they are sent to the Directorate-General for Local Cooperation, through their presentation in any of the places provided for in Article 38.4 of the said Law 30/1992 and Article 2 of Royal Decree 772/1999, of 7 May, for which the submission of applications, written and communications to the General Administration of the State, with one Minimum advance notice of 15 calendar days before 1 November of the year following that in which the grant was granted, or, where appropriate, extended period of time.

3. Requests for extension, which comply with the conditions required for processing, shall be deemed to have been granted if no decision has been taken within 15 days of the completion of the period of execution referred to above. express.

4. In the case of works for which an extension of the period of execution has been obtained, the supporting documentation for payment of the remainder up to the 25% grant granted shall be submitted by the Provincial Diputations before the expiry of the period of validity of the the period of two months following the date of termination of the extension. In the event of non-compliance, the third subparagraph of paragraph 10 of this Order shall be subject to the provisions.

12th. Information about the execution status.

1. The information on the state of execution of the works referred to in Article 13 of Royal Decree 835/2003, of 27 June, will be provided by the Provincial Diputations to the Directorate General of Local Cooperation through the referral of the Model 7.

2. The Provincial Members shall submit separate information by provincial or island cooperation plans of each annuity.

3. The information submitted must include all the works of the Plan concerned, even if its state of execution has not undergone any alteration during the natural semester to which it relates.

4. After the deadline for referral to the Directorate-General for Local Cooperation for the liquidation of the Plan provided for in Article 14.2 of Royal Decree 835/2003 of 27 June, the information relating to the plan will only be included in this Model 7. works which have been granted an extension of execution, as set out in paragraph 1 of that Article, by ceasing this obligation by submitting the supporting documentation (final certification according to Model 5A or 6A) for the recovery of the remainder up to the 25% of the grant awarded for the said works.

13th. Settlement of grants.

1. In compliance with the provisions of Article 14 (2) of Royal Decree 835/2003 of 27 June, the Provincial Diputations shall forward to the Directorate-General for Local Cooperation before 31 January of each year the settlement of Plans, as well as Memory of realizations achieved, the execution of which ended on 31 October of the previous year.

2. The Settlement of the Plan shall be composed of the following documents:

a) Settlement of the Plan (Model 8).

b) The memory of the realizations achieved in which the following aspects will be collected, at least:

1. Development and implementation of the Plan by the Beneficial Entity through a succinct presentation of the phases of preparation and approval of the Plan, the award of projects and/or agreements for direct execution, implementation of remains and results of the execution of the works to the settlement date (31 October).

2. ° Comparison between the proposed objectives of the Plan and those achieved, highlighting the deviations produced and indicating the corrective measures implemented, if any, or to contemplate in future exercises.

3. No execution incidents that would have prevented the completion of the works within the period laid down in Article 14 (1) of Royal Decree 835/2003, of 27 June, with detailed mention of works with requested extension and/or granted, as well as nullified, not executed or partially executed in accordance with the provisions of Article 147.5 of the Recast Text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of 16 June.

4. 'Grant settlement', providing information on the date of completion of the grant clearance certified to the above deadline (corresponding to the amounts referred to the Directorate-General for Local Cooperation in the application for 25% or other subsidy), subsidy charged and requested to be recovered, as well as a grant to be reintegrated in accordance with the provisions of paragraphs 3 and 4 of Article 14 of Royal Decree 835/2003 of 27 June.

14th. Reimbursement of grants.

1. For the purposes of Article 14 (3) and (4) of Royal Decree 835/2003 of 27 June, where the works have not been completed within the general period or in the period of extension, this shall entail the reimbursement of all grants (a) in respect of those works, for failure to comply with the conditions laid down for the grant of the grant, without prejudice to other claims of reimbursement which may arise in accordance with the provisions of Law 38/2003 of 17 May November, General Grant.

2. However, if the investment made in time is liable to be delivered to the public service or use in accordance with the provisions of Article 147.5 of the Recast Text of the Law on Public Administrations, approved by Royal Decree Legislative 2/2000, of 16 June, the Provincial Diputations, in order to justify the subsidy freed and to quantify the amount to be reintegrated, must necessarily contribute:

(a) the minutes of partial receipt of those parts of work which may be executed in stages which may be delivered to public use, as laid down in the contract and which have been terminated within the general period or extended.

b) the certification to account established by Article 165 of Royal Decree 1098/2001 of 12 October, approving the General Regulations of the Law on Contracts of Public Administrations for the Parties of the work carried out in these deadlines.

3. The accreditation of the partial receipt referred to in the preceding paragraph shall, where appropriate, be produced in the reference to the documentation supporting the item of the 25% or the remainder of the grant, or as additional documentation associated with the the settlement of the Plan, as set out in the contents of memory, point 2.b.4) of the 13th paragraph.

15th. Communication of the application of grant remnants from the General Administration of the State.

When the Provincial Diputations choose to apply the remaining grant remains of the General Administration of the State produced by the causes established in Article 15 of Royal Decree 835/2003, of 27 June, in the works of the Supplementary Plan or those included in the Plan of Cooperation without a grant from the General Administration of the State or with a grant lower than the percentages set out in Article 6 of that Royal Decree, shall communicate this (a) the Directorate-General for Local Cooperation with a prior or simultaneous nature to the presentation of the certificates of award of the works (model 3A) or of the resolution or agreement of their direct execution by the Local Entity (model 4A) and, in any case, until the 15th of December of the year of the Plan.

The communication of the application of the remnants shall be carried out with the sending of certification according to the standard model (model 1C), with the financing program duly completed.

CHAPTER III

Community assistance co-financed by the local economic cooperation programme

sixteenth. State contributions to Community interventions.

1. The Investment Plans and the Supplementary Plans will be subject to the requirements set out in the respective Community interventions, and as regards the procurement, management and processing of the grant from the General Administration of the State to the proceedings, request for reports and referral to the Ministry of Public Administrations regulated in the Fifth, Sixth, Seventh and Eighth Paragraphs of this Order; using, for that purpose, the Provincial Diputations concerned, the Standard models 1B and 1D. With regard to the selection of works and services provided in the supporting document for the objectives referred to in the fifth paragraph, it is necessary to make an express reference to the correspondence with an integrated strategic approach and the way in which it has been achieved in the selection of projects financed by Community funds, as well as their adequacy with the principles set out in the relevant Community action.

2. The management and processing of the grants of the General Administration of the State will also be adjusted to the paragraphs that regulate the deadlines for the award of the works, the deadlines and requirements for the delivery of the grants, the procedure of information on the state of execution of the works, requests for extensions, the time limit for the settlement of the Plans and the implementation of the remaining items contained in the Ninth, Tenth, 11th, 12th, 13th, 14th and Fifteenth of this Order; using standard 2B models for this purpose; 3B, 4B, 5B, 6B, 7, and 8.

3. Considering the requirements that the Community legislation has in place on the monitoring and control of the structural funds, by the Directorate General of Local Cooperation, in the field of its competences, it will be possible to request from the implementing the Operational Programmes, prior to the transfer of specific instructions for this purpose, information on the integrated strategic approach to the investments undertaken, on monitoring indicators to assess the degree of implementation and quality of investment, and information on policy compliance and Community guidelines. In order to ensure effective and regular implementation of such Community legislation, and the legality of co-financed expenditure, the Directorate-General for Local Cooperation may promote internal control and supervision mechanisms to ensure the principles of sound management for investments co-financed with structural funds.

4. For the purpose of presenting to the managing authorities of the Structural Funds the "certificates of expenditure carried out", and contributing to the fluidity of the financial flows of the European Union to the State and the State to the final beneficiaries, with quarterly character, in the twenty calendar days following the end of each calendar quarter, by the Provincial Diputations concerned, it shall be sent to the Directorate-General for Local Cooperation, information of the payments made in relation to the with each of the works included in the Plans integrated into the Community interventions approved. In such detail, it must accompany the appropriate "certification of expenditure carried out", as aggregation of all the payments made, which must be completed in the standard model to this effect by the National Authority responsible for the management of the respective Structural Funds.

CHAPTER IV

From local administrative modernization projects

seventeenth. Objective and nature of the projects under grant.

The objective of this support line is to co-finance the execution of projects that aim to modernize the Local Administration through the use of information technologies for the purposes of following:

a) Improving management and care services for the citizen.

b) Simplification of the procedures and integration of the procedures with those of state and regional responsibility.

(c) Instrumentation, the improvement of the technological and communications infrastructures required for the fulfilment of the purposes set out in the preceding letters.

Eighteenth. Beneficiaries of the grants.

You can request and obtain grants for this purpose:

(a) Municipalities with a population of more than 5,000 inhabitants.

(b) Municipalities with a population of less than 5,000 inhabitants, provided that the project under grant affects a set of municipalities that exceed 5,000 inhabitants.

(c) Provincial Diputations, Cabildos and Island Councils and Autonomous Communities, the latter in the exercise of the competencies that correspond to the Provincial Diputations, for projects of their own or that affect a set of municipalities that exceed 5,000 inhabitants, provided for in the previous paragraph.

Nineteenth. Amount of the grants.

The grant of the General Administration of the State for the co-financing of the Local Administrative Modernization Projects, the concession of which will be made in competitive competition, will be able to reach the 50 per 100 of the project amount. In order to obtain the grant, it will be necessary to contribute to the financing of the projects and other local entities that hold the project without the contribution of the project being less than 15 per 100 of the amount of the investment.

Only expenses that have the consideration of investments may be financed with a grant from the General Administration of the State.

Twenty. Compatibility with other grants or public aid.

With the independence of the grants covered by this Ministerial Order, projects may receive additional contributions from the Community Structural Funds, as appropriate, as well as from the grants they agree to. the Autonomous Communities with their respective budgets and other public entities.

The co-financing assumptions shall apply to them the limits laid down in Article 19 (3) of Law 38/2003 of 17 November, General of Grants.

Twenty first. Approval of projects. Reports.

1. The Projects will be approved by the competent body of the local authority, according to the rules of distribution of powers of Law 7/1985 of April 2, Regulatory of the Local Regime Bases.

2. The Project, together with its complementary documentation, will be submitted to the Subdelegation of the Government in the Province, the Insular Director of the Administration of the State or the Delegate of the Government in the Autonomous Communities island, if there is no Government Subdelegation.

3. Likewise, the Projects will be submitted to the State Collaboration Provincial Commissions with the Local Corporations, in accordance with Article 29.2 c) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State. In the case of the Autonomous Community of Catalonia, the projects will be submitted to a report of the body that assumes the functions of the Provincial Committees of State Collaboration with the Local Corporations.

4. The reports referred to in the previous paragraphs shall be made on the adequacy of the projects to the purposes set out in the 17th paragraph of this Ministerial Order, and on the degree of compliance with the criteria for assessment Those referred to in the fifth paragraph of this Ministerial Order, as well as their technical suitability, shall be issued within 10 days of receipt of the draft. After that period without the requested report being evacuated, the action may be continued.

5. The reports of the bodies referred to in the preceding paragraphs shall be forwarded to the Directorate-General for Administrative Modernisation of the Ministry of Public Administration, together with the application and the supporting documentation. If they have not been issued within 10 days of receipt of the project, certification shall be submitted by the Registrar of the applicant's accredited applicant.

Twenty-second. Grant applications. Place and deadline for submission.

1. The grant applications shall be addressed to the Directorate-General for Administrative Modernisation, the Ministry of Public Administrations, together with their supplementary documentation and the mandatory reports, and shall be submitted in any of the records and offices provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and of Article 2 of Royal Decree 772/1999 of 7 May 1999, the submission of applications, written and communications to the Administration is regulated State General.

2. Applications shall be submitted by 1 April of the year in which the grant is applied for.

3. If the application does not meet the requirements laid down in this Ministerial Order, the person concerned shall be required to provide the same, or accompany the required documents, within a maximum of 10 days, indicating that he does not (a) shall be given the withdrawal of his application, on the basis of a decision which must be given in accordance with the terms laid down in Article 71 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Rules of Procedure Common Administrative.

4. The Directorate-General for Administrative Modernisation shall make available to local authorities, for purely information purposes, a website where it will be possible to obtain the models of supplementary documentation to be attached, as well as register, with a view to accessing information about this helpline.

Twenty-third. Additional documentation and reports to accompany the grant application.

1. Grant applications (standardised according to model 1E) shall be accompanied by the following documentation:

a) The technical project whose execution is intended, adjusted to the standard 1F model.

(b) Certification issued by the Secretary of the Local Entity or official who holds the public faith, on the following aspects:

1. Project Approval Agreement.

2. The grant application agreement, adopted by the competent authority, with an indication of the amount requested and the percentage representing the total cost.

3. º Credit Enablement Commitment to finance the amount of the project in the part that will not be subject to grant by the Ministry of Public Administrations.

4. The funding scheme, which reflects the minimum funding that the project holder undertakes to provide.

5. Aid requested or granted for the same purpose from other public administrations or from Community funds.

c) A certificate of being found in compliance with its tax obligations and in the face of social security, in accordance with the provisions of art. 14.1.e of Law 38/2003, of November 17, General of Grants.

(d) The description of the Project (standard 1G model) and the actions it includes, in which it shall be collected, at least:

1. The name of the Project.

2. The location of the investment and, in the event that the project has a supramunicipal character, the relationship of the affected municipalities.

3. Mission and objectives to be achieved with its implementation. It shall include the description of the degree of adequacy of the project to each of the assessment criteria described in the twenty-fifth paragraph of this order.

4. Results to be obtained.

5. applicable Technology.

6. Development Methodology.

7. Time and schedule.

8. Estimated Costs

9. Progress Indicators.

2. Together with the application and supporting documentation, the report of the Deputy Government Delegate in the Province, the Chief Insulating Officer or the Government Delegate in the non-island uniprovincial Autonomous Communities should be submitted if there is no Subdelegate of the Government, as well as of the Provincial Commission of State Collaboration with the Local Corporations or Certification of the Secretary of the Local Entity requesting not to have been issued within the intended period of 10 days.

3. Local Entities that include more than one project in their application must add, in the complementary documentation, the classification of the projects submitted, in order of preference.

Twenty-fourth. Commission of Valuation.

The instruction in the procedure and evaluation of the projects presented shall be carried out by a Valuation Commission composed of the following members:

President: Director General of Administrative Modernization, or person to whom you delegate.

Vice President: Deputy Director General of Technology Resources Coordination of the General Administration of the State, or person to whom you delegate.

Vocals: Two officials of the Ministry of Public Administrations, appointed by the Director General of Administrative Modernization and a technical representative of the association of local state entities with greater implementation, appointed by the Director-General of Administrative Modernisation on a proposal from that association.

Secretary: An official of the General Administration of Technical Resources Coordination of the General Administration of the State.

Twenty-fifth. Project selection.

The projects submitted, under competitive competition, that meet the requirement to be able to apply for and obtain a grant, as well as the other conditions provided for in this Ministerial Order, will be evaluated. by the Valuation Commission on the basis of the requirements set out in this Ministerial Order, for which it shall take into account, in addition to the reports referred to in its first paragraph, the assessment criteria listed below, as well as the relevance of the project in relation to the set of requests presented and available budget:

a) The contribution of the project to improving the interoperability of public administration information systems.

b) The possibilities for reuse by other public administrations and, in particular, by local entities, products and developments resulting from the project.

c) The use of free standards and open source software.

d) The use of common information systems promoted by the Ministry of Public Administrations.

e) The degree of adequacy of the project to the objectives set out in the 2005 European Action Plan.

Twenty-sixth. Motion for a resolution.

The Valuation Commission, through its President, will raise a draft resolution to the Secretary of State for Territorial Cooperation.

Twenty-seventh. Reformulation of requests.

Where the amount of the grant of the motion for a resolution is less than the amount in the application submitted, the beneficiary may be asked to reformulate its application to adjust its commitments and conditions. the grant grant. In any event, the reformulation of applications shall respect the object, conditions and purpose of the grant, as well as the assessment criteria for applications or requests.

Twenty-eighth. Resolution.

1. In the light of the proposal of the Valuation Commission, the Secretary of State for Territorial Cooperation shall decide on the procedure for granting the grants.

2. The maximum period for resolving and notifying the decision of the procedure may not exceed three months from the date of expiry of the time limit laid down for the submission of applications in the twenty-second paragraph of this Order. Ministerial meeting (before 1 April). After that period without any express resolution, the applications shall be deemed to be dismissed, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

3. The decision, which shall be reasoned and shall terminate the administrative procedure, shall be notified to the entity concerned within the time limit laid down in the preceding paragraph and, for the purposes of knowledge, to the sub-delegations, the Respective government, as appropriate.

Twenty-ninth. Deadline for the award of local administrative modernisation projects.

The projects to be awarded shall be awarded before 15 November of the corresponding year, in accordance with the terms laid down in Article 28 of Royal Decree 835/2003 of 27 June.

Thirty-book of grants.

1. In the case of grants, the beneficiary local authorities must submit to the Directorate-General for Local Cooperation the certification of the award of the projects supported (model 3C). The above documentation must be entered in the Directorate-General before 1 December of the financial year corresponding to the grant of the grant.

End of such period without having been on record in the Directorate-General for Local Cooperation of the award certificate cited or the proof of receipt of its submission in time at any of the places provided for in the article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and Article 2 of Royal Decree 772/1999 of 7 May 1999 on the filing of applications, written and communications to the General Administration of the State, a reasoned resolution shall be issued the payment of the State subsidy for non-compliance with the conditions laid down for its granting.

2. By way of derogation from the preceding paragraph, exceptionally and by justification to be appreciated by the Directorate-General for Local Cooperation; payment of the subsidy may be processed in cases where the documentation is is submitted after 1 December of the financial year concerned; provided that the said documentation is received at the Management Centre prior to the deadline laid down in the Order of the Ministry of Economic Affairs and Hacienda for which the closing operations for each financial year are regulated, relating to the accounting for public expenditure; in no case shall the grants for which the supporting documentation for the payment be submitted outside the financial year concerned be the subject of the budget.

3. On the basis of the award certificates of the projects supported, the Ministry of Public Administration will free the beneficiary entities 100 per 100 of the grant.

Thirty first. Intellectual property.

The intellectual property of the developments, computer applications and in general all the products obtained in the execution of the project, will correspond to the Ministry of Public Administrations that, through the channels The institutions will make them available to the other public administrations.

Thirty-second. Deadline for the implementation of the projects and extension.

1. The projects to be awarded must be fully implemented by 1 December of the year following the year in which the grant was granted.

2. The request for an extension of the time limit for the implementation of the projects, provided for in Article 31.2 of Royal Decree 835/2003 of 27 June, shall be made by the institution concerned, stating the exceptional circumstances in which the Implementation may not take place within the time limit set out in general or, where appropriate, extended period. The application must necessarily contain an indication of the duration of the period to be extended, as well as the reasons for the termination of the application at the time of the implementation, initially or, where appropriate, extended, and Attach the documentary justification underpinning that statement of reasons.

3. In order to comply with the provisions of Article 49.3 of the Law of Legal Regime of Public Administrations and Common Administrative Procedure, Law 30/1992, of November 26, only those requests for extension will be processed. they are sent to the Directorate-General for Local Cooperation, through their presentation in any of the places provided for in Article 38.4 of the said Law 30/1992 and Article 2 of Royal Decree 772/1999, of 7 May, for which the submission of applications, written and communications to the General Administration of the State, with one Minimum advance notice of 15 calendar days before 1 December of the year following the year following which the grant was granted, or, where appropriate, extended period.

4. Requests for extension, which comply with the conditions required for processing, shall be deemed to have been granted if no decision has been taken within 15 days of the completion of the period of execution referred to above. express.

Thirty-third. Justification and drawback of the grant.

1. The beneficiary local authorities must forward to the Directorate-General for Local Cooperation, the Ministry of Public Administrations, within three months of the expiry of the period of execution, the certified copy of the invoice proof of payment of the investment and, in addition, in consideration of the nature of the investment of the project, any of the following documents:

a) Formal Reception Act, or

(b) Act of conformity to the provision or service, where the project under grant involves the formalisation of consultancy, assistance or service contracts.

In any case, the Ministry of Public Administration may appoint a representative as an advisor to assist in the material verification.

2. Failure to comply with the time limits laid down in the previous Article shall entail the obligation to refund the amounts received, for failure to comply with the conditions laid down for the grant of the grant, without prejudice to of the other reimbursement assumptions determined in Law 38/2003 of 17 November, General of Grants.

Thirty-four. Remnants.

1. Where there is a consequence of casualties in the award of contracts, losses due to the cancellation of a project or part thereof, or the reduction of its budget, or any other circumstance, the entity would benefit from the subsidy. shall, prior to or at the same time as the presentation to the Directorate-General for Local Cooperation, of the certificates of award of the projects supported, inform the Directorate-General of Modernisation Administrative, who will bring it to the attention of the Commission of Valuation for the propose the application of the same.

2. However, where the remains produced are the result of losses in the award of a project to which a State subsidy of less than 50 per 100 of its budget has been granted, by adjustments to the available credit claims, the Local authority may maintain in the financing of the grant the grant granted up to the limit of 50 per 100 of the amount of investment awarded, without having to resort to the procedure laid down in the preceding paragraph.

CHAPTER V

Of projects with civil society participation

Thirty-fifth. Objective and nature of the projects under grant.

The objective of this support line is to enhance the participation of civil society in the improvement of local services, in the field of the competencies of local entities, by co-financing projects that meet that objective.

Investment projects for the provision of local services in the management of which there is effective participation of citizens are eligible for grant, by means of the formulas established by the local.

Thirty-six. Beneficiaries of the grants.

Can apply for and obtain grants for this purpose by local entities that have regulated the participation of civil society through regulatory standard of organic nature and/or regulatory statutes of Councils and other structures related to the project, to the date of completion of the deadline for submission of the grant application.

Thirty-seventh. Amount of the grants.

The grant of the General Administration of the State for the co-financing of the Projects with civil society participation may reach up to 50 per 100 of the amount of the project. In order to obtain the grant, it will be necessary to contribute to the financing of the projects and other local entities that hold the project without the contribution of the project being less than 15 per 100 of the amount of the investment. Only expenditure which is considered to be investment may be financed with a grant from the General Administration of the State.

Thirty-eighth. Compatibility with other grants or public aid.

With the independence of the grants covered by this Ministerial Order, projects with civil society participation may receive additional contributions on the same terms as set out in the Twenty-one of this Order for local administrative modernization projects.

Thirty-ninth. Approval of projects. Reports.

1. The projects will be approved by the competent body of the local authority, according to the rules of distribution of powers of Law 7/1985, of April 2, Regulatory of the Local Regime Bases.

2. The Project, together with its complementary documentation, will be submitted to the Subdelegation of the Government in the Province, the Insular Director of the Administration of the State or the Delegate of the Government in the Autonomous Communities island, if there is no Government Subdelegation.

3. Likewise, the Projects will be submitted to the State Collaboration Provincial Commissions with the Local Corporations, in accordance with Article 29.2 c) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State. In the case of the Autonomous Community of Catalonia, the projects will be submitted to a report of the body that assumes the functions of the Provincial Cooperation Committees.

4. The reports referred to in the preceding paragraphs shall relate to the participation of civil society in the draft submitted and shall take a decision on the concurrency of the requirements set for obtaining state subsidies and on the level of compliance with the selection criteria listed in the 43rd paragraph of this Ministerial Order. They must be issued within 10 days of receipt of the project. After that period without the requested report being evacuated, the action may be continued.

5. The reports of the bodies referred to in the preceding paragraphs shall be forwarded to the Directorate-General for Local Cooperation together with the grant application and the supporting documentation. If the indicated reports have not been issued within 10 days of their request, the Registrar of the applicant's accredited applicant shall be referred, together with the application for a grant and supporting documentation, to the that circumstance.

40th. Grant applications. Place and deadline for submission.

1. The grant applications, in the standard document based on model 1H, shall be addressed to the Directorate-General for Local Cooperation of the Ministry of Public Administrations, together with their supplementary documentation and the mandatory reports, and submit in any of the registers and offices provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and of Article 2 of the Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, written and communications with the General Administration of the State.

The Directorate-General for Local Cooperation will make available to local authorities, for purely information purposes, a web page where it will be possible to obtain the complementary documentation models to be attached, as well as register, with a view to accessing information about this helpline.

2. Applications shall be submitted by 1 April of the year in which the grant is applied for.

3. If the application does not meet the requirements laid down in this Order, the person concerned shall be required to provide the same, or accompany the required documents, within a maximum of 10 days, indicating that if he does not do so shall be withdrawn from its application, after a decision which must be given in accordance with the terms laid down in Article 71 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Administrative Procedure Common.

41st. Additional documentation and reports to accompany the grant application.

1. The grant application shall be accompanied by the following additional documentation:

a) The Execution Technical Project.

(b) Certification issued by the Secretary of the Local Entity or official who holds the public faith, on the following aspects:

1. Project approval agreement, in which reference is made to the way citizen participation occurs.

2. The grant application agreement, adopted by the competent authority, with an indication of the amount requested and the percentage that represents the total investment.

3. º Credit Enablement Commitment to finance the amount of the project in the part that will not be subject to grant by the Ministry of Public Administrations.

4. No aid requested and/or granted for the same purpose, from other public administrations or from Community Funds or, where appropriate, certification of the absence of application or grant thereof.

5. º Availability of the land, in the event that they are precise, except where this requirement is waived in the Recast Text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of 16 June.

6. º Availability of the authorizations required for project execution. If they are not accurate, by the nature of the procedure, evidence of such a circumstance shall be submitted.

c) A certificate of being found in compliance with its tax obligations and in the face of social security, in accordance with the provisions of art. 14.1.e of Law 38/2003, of November 17, General of Grants.

(d) Certificate of the financing programme in which the contribution of the applicant Entity (at least 15 per 100 of the total investment) and the contributions of the other financial actors are included in a standard document according to model 1I.

e) Compressed copy of the full text of the organic regulation of citizen participation of the local entity and/or regulatory statutes of councils and other structures related to the project. Proof of the date of entry into force must be certified.

(f) The description of the project and the actions it includes, in which it shall be collected, at least:

1. The name of the Project and the objectives to be achieved with its execution.

2. Coherence of the project with the regulation of the participation in the territorial scope of the promoter entity, or with the policies of citizen participation, developed by it.

3. º Analysis of the need for the proposed project and the shortcomings that it will cover or the improvements it could bring about in the area of citizen participation.

4. Value information on each of the criteria that will be used for the selection of projects as provided for in Article 38 of Royal Decree 835/2003, of June 27.

g) Summary of Memory in normalized document, model 1J.

2. Together with the application and supporting documentation, the report of the Deputy Government Delegate in the Province, the Chief Insulating Officer or the Government Delegate in the non-island uniprovincial Autonomous Communities should be submitted if there is no Subdelegation of the Government, as well as of the Provincial Commission of State Collaboration with the Local Corporations or the certification of the Secretary of the local authority requesting not to have been issued within the intended period of 10 days.

Forty-second. Valuation fee.

The instruction in the procedure and evaluation of the projects presented shall be carried out by a Valuation Commission composed of the following members:

President: Director General of Local Cooperation, or person to whom you delegate.

Vice President: Deputy Director General of Economic Analysis of Local Entities, or person to whom you delegate.

Vocals: Two officials of the Ministry of Public Administrations, appointed by the Director General of Local Cooperation and a technical representative of the association of local entities with a higher level of establishment, appointed by the Director-General for Local Cooperation on a proposal from that association.

Secretary: An official of the Economic Analysis Subdirection of Local Entities.

Forty-third. Project selection.

The projects submitted, under competitive competition, that meet the requirements set out in this Order to be able to apply for and obtain a grant, will be evaluated by the Valuation Commission based on the following selection criteria and taking into account the relevance of the project in relation to the set of applications submitted and the available budget:

a) Program of activities and investments in citizen participation for the current year.

b) Memory and impact assessment of the activities and investments made in the previous two years.

c) Existence of a government area, or management, dedicated to citizen participation.

d) Number of existing associations in the local entity and areas of participation in local life.

e) Public resources dedicated to promoting or supporting citizen participation and percentage representing the total expenditure of the budget of the affected local entity.

Forty-fourth. Motion for a resolution.

The Valuation Commission, through its President, will raise a draft resolution to the Secretary of State for Territorial Cooperation.

Forty-fifth. Resolution and reformulation of requests.

1. In the light of the proposal of the Valuation Commission, the Secretary of State for Territorial Cooperation shall decide on the procedure for granting the grants.

2. Where the amount of the grant of the motion for a resolution is less than that in the application submitted, the beneficiary may be asked to reformulate its application in accordance with the terms set out in the seventh paragraph of the Order.

3. The maximum period for resolving and notifying the decision of the procedure may not exceed three months from the date of expiry of the time limit laid down for the submission of applications in paragraph 2 of paragraph 40 of this Article. Order (before 1 April). After that time limit without any express resolution, the applications shall be deemed to be dismissed, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

4. The decision, which shall be reasoned and shall terminate the administrative procedure, shall be notified to the entity concerned within the time limit laid down in the preceding paragraph and, for the purposes of knowledge, to the sub-delegations, the Respective government, as appropriate.

Forty-sixth. Time limit for the award of projects for the participation of civil society.

The projects to be awarded shall be awarded, or agreed upon by the Administration itself, before 15 November of the financial year concerned, in accordance with the terms laid down in Article 41 of the Royal Treaty. Decree 835/2003, dated June 27.

Forty-seventh. Freeing up of grants.

1. For the purposes of the award of grants, the beneficiary local authorities shall forward to the Directorate-General for Local Cooperation the certification of the award of the projects supported (3D model) or, where appropriate, of the implementation agreement direct by the Administration itself (4D model). The above documentation must be entered in the Directorate-General before 1 December of the financial year corresponding to the grant of the grant.

End of such period without having been on record in the Directorate-General for Local Cooperation of the award certificate cited or the proof of receipt of its submission in time at any of the places provided for in the article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and Article 2 of Royal Decree 772/1999 of 7 May 1999 on the filing of applications, written and communications to the General Administration of the State, a reasoned resolution shall be issued the payment of the State subsidy for non-compliance with the conditions laid down for its granting.

2. By way of derogation from the preceding paragraph, exceptionally and by justification to be appreciated by the Directorate-General for Local Cooperation; payment of the subsidy may be processed in cases where the documentation is is submitted after 1 December of the financial year concerned; provided that the said documentation is received at the Management Centre prior to the deadline laid down in the Order of the Ministry of Economic Affairs and Hacienda for which the closing operations for each financial year are regulated, relating to the accounting for public expenditure; in no case shall the grants for which the supporting documentation for the payment be submitted outside the financial year concerned be the subject of the budget.

3. On the basis of the certificates of award of the projects supported, or in the implementation agreements by the Administration itself, the Ministry of Public Administration will free the beneficiary entities 100 per 100 of the grant.

Forty-eighth. Information about the execution status of the projects.

1. The information on the state of implementation of the projects will be provided by the beneficiary local authorities to the Directorate General of Local Cooperation through the reference of the Model 7, through which they will present a list of the projects. certification of works or expenses which have been approved during the natural semester preceding that year.

2. The information shall be submitted even if the project's execution status has not undergone any alteration during the natural semester to which it relates.

3. The obligation to submit information on the state of implementation shall cease when the project is being wound up.

Forty-ninth. Deadline for the implementation of the projects and extension.

1. The projects to be awarded must be fully implemented by 1 December of the year following the year in which the grant was granted.

2. The request for an extension of the time limit for the implementation of the projects, provided for in Article 44.2 of Royal Decree 835/2003 of 27 June, shall be made by the institution concerned, stating the exceptional circumstances in which the Implementation may not take place within the time limit set out in general or, where appropriate, extended period. The application must necessarily contain an indication of the duration of the period to be extended, as well as the reasons for the termination of the application at the time of the implementation, initially or, where appropriate, extended, and Attach the documentary justification underpinning that statement of reasons.

3. In order to comply with the provisions of Article 49.3 of the Law of Legal Regime of Public Administrations and Common Administrative Procedure, Law 30/1992, of November 26, only those requests for extension will be processed. they are sent to the Directorate-General for Local Cooperation, through their presentation in any of the places provided for in Article 38.4 of the said Law 30/1992 and Article 2 of Royal Decree 772/1999, of 7 May, for which the submission of applications, written and communications to the General Administration of the State, with one Minimum advance notice of 15 calendar days before 1 December of the year following the year following which the grant was granted, or, where appropriate, extended period.

4. Requests for extension, which comply with the conditions required for processing, shall be deemed to have been granted if no decision has been taken within 15 days of the completion of the period of execution referred to above. express.

Quinetieth. Justification and drawback of the grant.

1. The beneficiary local authorities shall forward to the Directorate-General for Local Cooperation, the Ministry of Public Administrations, within three months of the expiry of the period of execution, the final certification of work and the minutes of receipt or, where appropriate, the supporting invoices for the expenditure executed.

2. Failure to comply with the time limits laid down in the preceding paragraph shall entail the obligation to refund the amounts received, for failure to comply with the conditions laid down for the grant of the grant, without prejudice to the of the other reimbursement assumptions determined in Law 38/2003 of 17 November, General of Grants.

3. Notwithstanding the foregoing, in the case of works projects and such works, they have not been completed within the general period or in the extension period, but the investment made in time is liable, if any, to be delivered to the public service or use As provided for in Article 147.5 of the recast of the Law on Public Administrations Contracts, approved by Royal Decree-Law 2/2000 of 16 June, the obligation to refund will be limited to the amount of the non-invested grant. in the investments susceptible to such delivery.

Quincuenti40 first. Remnants.

1. Where there is a consequence of casualties in the award of contracts, losses due to the cancellation of a project, part of the project, or the reduction of its budget, or any other circumstance, the entity would benefit from the subsidy. it must inform the Directorate-General of Local Cooperation with prior or simultaneous character of the presentation of the certificates of award of the projects supported or of the resolution or agreement of its direct execution by the Administration, who will bring it to the attention of the Commission of Valuation effects of proposing the application of the same.

2. However, where the remains produced are the result of losses in the award of a project to which a State subsidy of less than 50 per 100 of its budget has been granted, by adjustments to the available credit claims, the Local authority may maintain in the financing of the grant the grant granted up to the limit of 50 per 100 of the amount of investment awarded, without having to resort to the procedure laid down in the preceding paragraph.

Additional disposition first. Adaptation of references.

References to the Provincial Diputations contained in the text of this Order shall be construed as references, in appropriate cases, to the Cabildos, or to the Island Councils, or to the Autonomous Communities of island.

Additional provision second. United Plan of Works and Services of Catalonia (PUOSC).

In accordance with the provisions of the second Royal Decree 835/2003, of 27 June, the economic cooperation of the General Administration of the State to the investments of the local entities included in the the Unique Plan of Works and Services of Catalonia will be carried out through the Generality, in the following terms:

a) With respect to the Local Infrastructure and Equipment Survey, the provisions of Section 2 of this Order will apply.

b) With respect to the Single Plan of Works and Services of Catalonia, and given the nature of the grant managed, it will be included in article 86 of Law 47/2003, of 26 November, General Budget, highlighting to this with respect to:

1. The Generality of Catalonia will forward to the Directorate General of Local Cooperation of the Ministry of Public Administrations, information on the Single Plan of Works and Services of Catalonia, once approved, consisting of the text of the Decree of the Government of the Generality of Catalonia, of approval of the Single Plan of Works and Services of Catalonia of the corresponding annuity.

2. The financial year, and no later than 31 March of the following year, the Generality of Catalonia will send to the Local Cooperation Directorate General a memory containing, among others, a state of implementation of the financial year, indicating the total amounts of commitments of appropriations, recognised obligations and payments made in the year, detailed for each of the budgetary applications of the State Expenditure Budget from which it was carried out the credit transfers in accordance with the limits referred to in Article 6 of Royal Decree 835/2003, of 27 June, unbundled by the annuities to which the Plans correspond and containing the approved projects in each Plan.

Additional provision third. Eligible expenditure.

When the projects supported are projects of works, the amount to be co-financed, it will be only for the amount of material execution of the same, excluding the expenses corresponding to fees for the drafting of projects, as well as the expropriations of land necessary for implementation.

However, in the case of Community interventions co-financed by the local economic cooperation programme, the Community rules for such effects shall be subject to the provisions of Community rules.

Additional provision fourth. Use of electronic, computer and electronic means and techniques for the processing of grants.

In accordance with the provisions of Royal Decree 835/2003's fourth additional provision of 27 June, the beneficiary local authorities may send the following information by electronic and telematic means:

a) Relation of the works of the Provincial or Island Cooperation Plan, in model 1A.

b) Relation of the works of the Local Operational Program, in model 1B.

c) Relation of the works of the Cooperation Supplementary Plan, model 1C.

d) Relationship of the works of the Complementary Plan of the Local Operational Program, model 1D.

e) Information about the execution status of the works, Model 7.

f) In relation to the support line for the Local Administrative Modernization Projects, the grant application, model 1E, the technical project, model 1F, and the Project's descriptive memory, model 1G.

g) Certificate of being found in compliance with its Tax and Social Security obligations (documentation required in paragraphs twenty-third 1.c and forty-first 1.c of this Order).

By the Directorate-General for Local Cooperation, the appropriate instructions for the transmission of the other documents required in the management of the economic cooperation of the General Administration of the General Administration will be adopted. State, with the electronic format that each must adopt for the correct transmission.

Additional provision fifth. Publicity of the works.

In the implementation of the works included in the provincial and island cooperation plans, as well as those included in projects with civil society participation, co-financed by the Ministry of Government Public must be included in the descriptive "billboard" of the characteristics of the work or project, this circumstance according to the institutional logos derived from Royal Decree 1465/1999.

The Directorate-General for Local Cooperation will develop an indicative model for this purpose. For works covered by Community assistance, co-financed by the local economic cooperation programme, account must also be taken of the information contained in the European Union legislation on information and advertising.

Single transient arrangement. Transitional arrangements.

1. This Order, issued for the development and implementation of Royal Decree 835/2003, of 27 June, which regulates the economic cooperation of the State to the investments of the Local Entities, will apply to the Provincial and Island Plans for cooperation in municipal competition works and services to be provided by the General Administration of the State, to Community assistance approved by the European Commission co-financed by the Programme for Economic Cooperation local and local administrative modernization and participation projects of the society (a) to obtain State subsidies from its entry into force.

2. The Provincial Plans, Operational Programs, Unique Local and Urban Development Projects and Projects with civil society participation approved prior to the entry into force of this Order will be governed by the current regulations. on the date of its approval, until its total completion.

Single repeal provision. Regulatory repeal.

Order APU/126/2004, of 23 January, of the development and implementation of Royal Decree 835/2003, of 27 June, which regulates the cooperation of the State to the investments of local entities, and how many others is repealed. Provisions of equal or lower rank are opposed to what is set 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 State Gazette".

Madrid, 31 January 2006.

SEVILLA SEGURA

ANNEX I

Document Models

Code

1A

Relationship of the Works that integrate the Cooperation Plan.

1 B

Relationship of the work projects that integrate the operating program

1C

Relationship of the works that integrate the Cooperation Complementary Plan.

1D

Relationship of the projects works that integrate the operational program (Supplementary Plan).

1E

Local Administrative Modernization Projects. Grant Request.

1F

Local Administrative Modernization Projects. Technical Project

1G

Local Administrative Modernization Projects. Summary of Memory

1H

Projects with Civil Society Participation. Request for Subsidy.

1I

Projects with Civil Society Participation. Funding Program

1J

Projects with Civil Society Participation. Summary of Memory.

2A

Multi-year work contract award certificate

2B

Certificate of award of the multi-year works contract (European Union operational programs)

3A

Certificate of award of the Plan works contract Cooperation

Certificate of award of the works contract (European Union operational programs)

3C

Certificate of award of Local Administrative Modernization Projects

3D

Certificate of Award Projects with Participation of the Society Civil.

4A

Certificate of the resolution or agreement to directly execute the works by the Administration itself (Cooperation Plan).

4B

Certificate of resolution or agreement to directly execute the works by the Administration itself (Union operational programs European)

4D

Certificate of resolution or agreement to directly execute the works by the Administration itself (Projects with Civil Society Participation)

Contracured Work Receive Certificate (Cooperation Plan).

5B

Receive Certificate contracted work (European Union operational programmes)

6A

Work-run clearance executed directly by the Administration itself

6B

Work-run-clearance executed directly by the Administration itself (European Union operational programs)

7

Information about the execution status of the works.

8

Liquidation of the works.

ANNEX II

Island Councils and Cabildos Code Tables

Code

Naming

Code

7

Illes Balears.

1

2

3

Mallorca.

Menorca.

Ibiza-Formentera.

35

The Palms.

1

2

3

Gran Canaria.

Lanzarote.

Fuerteventura.

38

Santa Cruz de Tenerife.

1

2

3

4

Tenerife.

The Palm.

The Gomera.

The Iron.

ANNEX III

Instructions for the codification of the works of the provincial or island cooperation plan

Only investments, never operating expenses of services, are included in the plans, so the assigned codes correspond exclusively to the first ones.

The correct coding is essential for the proper IT management of the management of the plans, so adequate attention must be paid to this aspect. The code of the works consists of five digits:

The first corresponds to the function group, in accordance with the Order of the Ministry of Economy and Finance of 20 October 1989, establishing the structure of the budgets of the local corporations, which will serve as an interpretative rule.

The second corresponds to the function, according to the same Order.

In both cases, those that are considered to be most significant have been selected, and the "unclassified works" codes may be used for possible scenarios.

The third digit points to the question of compulsory services (0), Article 26 services, non-compulsory for the purpose of the population (3), other municipal services (5), and provincial services (7). those of their competence to be attributed to them by the sectoral laws of application.

The remaining two digits uniquely identify the different types of works.

As an example, it can be noted that a public park will have code 43008 in the municipalities of the population of over 5,000 inhabitants, as required and 43308, in those of the lower population than indicated.

In the case of various works, the fundamental purpose of the investment will be dealt with by assigning the code corresponding to the Service that represents the most significant investment volume.

Function Groups according to the Local Corporate Budgets:

Function Group 1. General character service:

Function 1.1 Governance Organ.

Function 1.2 General Administration.

Function Group 2. Civil Protection and Citizen Security:

Function 2.2 Security and Civil Protection.

Function Group 3. Security, protection and social promotion:

Function 3.1 Security and Social Protection.

Function 3.2 Social Promotion.

Function Group 4. Production of public goods of a social nature:

Function 4.1 Healthcare.

Function 4.2 Education.

Function 4.3 Housing and Urbanism.

Function 4.4 Community Welfare.

Function 4.5 Culture.

Function 4. Other community and social services.

Function Group 5. Production of goods of an economic nature:

Function 5.1 Basic infrastructure and transports.

Function 5.2 Communications.

Function 5.3 Agricultural Infrastructure.

Function 5.4 Scientific, technical and applied research.

Function 5.5 Basic and statistical information.

Function Group 6. General economic regulation:

function 6.1 Economic Regulation.

function 6.2 Commercial Regulation.

Function Group 7. Economic regulation of productive sectors:

Function 7.1 Agriculture, livestock and fisheries.

Function 7.2 Industry.

Function 7.3 Energy.

7.4 Mining Function.

Function 7.5 Tourism.

Codes to identify by types the works included in the provincial or island cooperation plan

Works and Services

Prevention and Extinction of fires.

health dependencies.

Public Library.

Codes

Article 26 Act 7/1985

Article 25

Law 7/1985

Provincial or island delivery services

Services

No Population-mandated

Municipal

Consistorial Houses.

12501

Other Administration Dependencies General.

12502

Acquisition of computer equipment.

12525

12725

Civil Protection.

22003

22703

22004

22304

22704

Public places security.

 

22526

Prstation social services.

31005

31305

31705

and beverage control

41706

41527

41727

41528

41728

Construction of teaching centers.

42529

schools.

42530

Public Lighting.

43007

Public Parks.

43008

43308

Multiple Use Buildings.

43531

43731

Promotion Housing.

43532

43732

44009

Waste Collection.

44010

44011

Sewer.

44012

44013

44013

Solid Waste Treatment.

44014

44314

Liquid Waste Treatment.

44015

44315

Protection.

44018

44318

44534

44734

45019

45319

45719

45535

45535

45535

45735

Installations.

45020

45320

45720

Historical Heritage.

45536

45736

Centers.

46737

46737

51021

Supply.

51022

Pavement streets.

51023

Urban Collective Transport.

51024

51324

Traffic Management.

51538

Network.

51739

51540

Encaution.

 

51541

.

52743

Rural Electrifications.

52544

52744

Markets.

62542

Unclassified Works.

00599

00799

ANNEX IV

Supramunitial Entity Codes

Code

800

Commonwealth.

801

Comark.

802

Metropolitan Area.

995

Autonomous Community.

Island Cabildo.

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