Advanced Search

Order Bce/2560/2005, Of 27 July, Establishing The Regulatory Basis For The Granting Of Subsidies For The Holding Of Conferences, Seminars And Meetings Related To Development Cooperation.

Original Language Title: ORDEN AEC/2560/2005, de 27 de julio, por la que se establecen las bases reguladoras para la concesión de subvenciones para la celebración de congresos, seminarios y jornadas relacionadas con la cooperación al desarrollo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 1416/2004 of 11 June, amending and developing the basic organic structure of the Ministry of Foreign Affairs and Cooperation, as amended by Royal Decree 755/2005 of 24 June, gives the Secretary of State for International Cooperation assistance to the Minister for Foreign Affairs and Cooperation in the formulation and implementation of development cooperation policy. As a consequence of the growing importance that development cooperation has acquired during the last few years, it is frequent to hold congresses, seminars and conferences on topics related to it. For this reason, since 2000, grants have been granted to non-profit institutions operating in the field of development cooperation for the celebration of such meetings. In accordance with the provisions of Article 8 of Law 23/1998 of 7 July 1998 on International Cooperation for Development, the Four-Year Executive Plans of Spanish Cooperation (currently the Plan Director of Cooperation) Spain for the period 2005-2008, approved by the Council of Ministers Agreement of 28 January 2005) and the Annual Plans for International Cooperation (having been approved in force for the year 2005 by the Council of Ministers Agreement of 8 April 2005) In 2005), the objectives and effects to be pursued with regard to development cooperation were set out in the establishment of the subsidies provided for in this Order of Bases, the time required for their establishment, the foreseeable costs and their sources of financing. On the occasion of the entry into force of Law 38/2003 of 17 November, General Grants, it is appropriate to update the regulatory bases for the granting of the said grants. For all of the above, and in accordance with the provisions of the General Grant Law, previous reports from the Legal Service and the Department's Delegated Intervention, I have:

First. Purpose.-The subsidies regulated in these bases are intended to finance congresses, seminars and conferences related to international development cooperation.

Second. Calls.-The calls, which must be made public in the Official Gazette of the State, shall be made by Resolution of the holder of the Secretariat of State of International Cooperation, which shall conform to the provisions of this Order. The corresponding calls will establish the territorial and personal scope of application, the specific requirements for access to the condition of beneficiaries, the types of activities for which the aid is promoted, the allocation of the same, concurrence or compatibility with other aid and the rights and obligations in each case. Third. Collaborating Entities. -Prior to the conclusion of the appropriate collaboration agreement, the grants regulated in this Order may be delivered to the beneficiaries through collaborating entities. To these effects, the State Societies, the Autonomous Communities and the Foundations that are under the protectorate of a public law entity, as well as the legal entities that demonstrate to collect the funds, will be considered as collaborating entities. The following conditions of solvency and effectiveness:

To be an entity of recognized prestige in the field of international cooperation.

Have sufficient means and capacity to ensure that the objectives set out in the Convention are met. Develop cultural, technical, scientific or assistance activities that coincide with the programs of the Secretariat of State for International Cooperation.

Fourth. Beneficiaries. -As a general rule, they will be able to access the condition of beneficiaries of the grants regulated in this Order of Bases Spanish and foreign citizens, as well as legal persons and public or private entities, national or foreign that meet the following requirements:

Natural persons: Haber met the age of majority.

Legal persons: Be legally constituted.

In both cases:

Lacking its profit-making activity.

Have sufficient means and capacity to carry out the activities and ensure that the objectives set out in those activities are met.

To be found in your case of Spanish tax and social security obligations.

The natural or legal persons in which one of the circumstances referred to in Article 13 (2) and (3) of Law 38/2003 shall not be eligible for the subsidies covered by this standard shall not be eligible. November 17, General Grant (B.O.E. of 18.11.2003).

Fifth. Form and time limit for the submission of applications. -Applications for grants shall be formalised by the persons concerned or persons certifying their representation by any means valid in law. Those applications, and without prejudice to the establishment of the relevant models, shall contain at least:

Description of the activity to be financed.

Expected result of the activity. Budget programmed according to at least the following items:

Direction and coordination.

Materials and Equipment. Indirect costs incurred.

Applications shall be submitted to the Secretariat of State for International Cooperation and shall be submitted to the Registry of the Ministry of Foreign Affairs and Cooperation or any of the forms prescribed 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.

The time limit for the submission of applications shall be 20 working days from the day following the publication of the notice of call in the Official Gazette of the State. Sixth. The amount of the subsidy. The amount of the subsidy, which in no case may exceed the amount of € 300,000 per activity, shall be fixed in accordance with the budget and the documentation provided by the applicant and the budgetary availability. The subsidies provided for in these bases will be compatible with other aid which has the same purpose, bearing in mind that the amount of the subsidy in no case may be such that it is in isolation or in competition with other aid. grants, grants, income or resources, exceeds the cost of the subsidised activity, as provided for in Article 19 (3) of the General Law on Subsidies. Seventh. Competent bodies for the instruction and resolution of the procedure.

1. The authority responsible for the procedure shall be the head of the Directorate-General for Planning and Evaluation of Policies for the Development of the Secretariat of State for International Cooperation.

2. The applications and documentation submitted shall be informed by a Commission of Study and Counselling, the report of which shall be mandatory and non-binding. This Commission shall be composed of the following members:

President: The head of the Cabinet Office of the Secretariat of State for International Cooperation.

Vice President: The head of the Development Policy Planning and Evaluation Subdirectorate General. Vowels: Three Advisers to the Cabinet of the Secretariat of State for International Cooperation, acting as Secretary of the Commission.

3. The competent body for the resolution of the procedure is the holder of the Secretariat of State for International Cooperation. Eighth. General assessment criteria. -Applications submitted shall be assessed and selected taking into account the assessment criteria and the weighting of the same as set out in the relevant call, which shall, inter alia, consider the following:

The content of the activity and its link to the objectives and purposes of the Secretariat of State for International Cooperation, in accordance with the provisions of Royal Decree 1416/2004 of 11 June, amending and develops the basic organic structure of the Ministry of Foreign Affairs and Cooperation, up to 3 points.

The technical quality of the proposal, up to 3 points. Merits that credit the qualities of the person or entity for the development of the activity, up to 2 points. Degree of complementarity with other actions related to development cooperation, up to 2 points.

Ninth. Decision of the concession procedure. The procedure for granting the grant will be made on the basis of competitive competition in the terms laid down in the General Law on Subsidies.

The assessment committee will, in the light of everything, formulate the relevant motions for resolutions. Those proposals, as provided for in Article 24 (4) of the General Law on Subsidies, shall express the beneficiary or the relationship of beneficiaries and, where appropriate, the alternates for which the grant of the grant is proposed. and the amount thereof, specifying their assessment and the assessment criteria followed for carrying out the assessment. The decisions shall be reasoned and the basis of the decision adopted in accordance with Article 25 (2) of the General Grant Law shall be accredited in accordance with the procedure laid down in Article 25 (2). The decisions shall be issued and notified to the parties concerned within the maximum period of two months from the date of publication of the notice. They shall determine the amount of the grant awarded, aid in kind where it is determined in the call, as well as the specific conditions of the grant. Against these resolutions, which end the administrative route, as established by the additional 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, to bring the replacement proceedings within a period of one month from the day following its notification in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative, in the wording given by Law 4/1999, of 13 January, or appeal Administrative-administrative dispute before the Administrative-Administrative Chamber of the National Court, pursuant to Law 29/1998, of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction, not being able to interlock simultaneously both resources. On the expiry of the maximum period laid down and no express decision has been given, the application may be understood to be dismissed, as provided for in Article 25 (5) of the General Law on Subsidies. The grants awarded shall be published in the Official Journal of the State, with the indication of the beneficiaries and their alternates if any, name of the activity, economic file, budgetary implementation and amount. Tenth. Payment of the grants, the delivery of which may be made in cash or in kind as provided for in the Additional Provision of the General Grant Law, shall be made from the date of acceptance of the grant by the beneficiary, in a single advance payment without a guarantee requirement. The beneficiaries of the grants shall deposit the amount received-provided that it is not immediately used for their receipt-in a bank account, which is open exclusively for these funds, with the title of the activity supported. The justification for such deposits shall be made by means of the bank documents, which shall be linked to the justification of the grant as provided for in this Order. No payment of any kind shall be made if the beneficiary is not aware of his or her tax or social security obligations, or if he is a debtor, for any other term with the granting authority. Eleventh. Amendment of the Resolution and Finalization for non-compliance. -When during the execution of the activity there are circumstances that alter or seriously hinder the development of the activity, the Secretariat of State for International Cooperation may authorise the precise amendments. Any alteration of the conditions under consideration for the grant of the grant and, where appropriate, the concurrent collection of grants or aid granted by other public authorities or public, or private, national or (a) the grant of the grant may be made in the form of an amendment. The Secretariat of State for International Cooperation may terminate any of the activities where substantial breaches of the obligations incurred by the beneficiary are detected. In this case, it will require the submission of the justification and the precautionary return of the funds from the aid not implemented until that time. Twelfth. Time limit and form of justification.-The beneficiaries of the grants must present the justification for the activities and the expenditure incurred within three months of the end of the actions supported by the Commission. or translated into Spanish, unless the invitation to tender, in the light of the characteristics of the activity supported, establishes a shorter period. Unless other requirements are laid down in the call for attention to the subsidised activity, this justification shall be made by the submission of the following documentation:

The explanatory memory of the activity.

Results obtained. Payment of invoices and payment documents supporting the costs incurred in terms of the corresponding calls. Where applicable, bank documents supporting the deposits referred to in Article 10 of this Order. Certification in which grants or aid received for the same purpose are expressed, if any.

13th. Obligations of the beneficiary.-The beneficiaries of the grants shall be obliged to:

(a) Accept in writing the grant awarded within the maximum period of 30 working days from the receipt of the concession notice. If it is not accepted within that period, it shall be deemed to be waived, unless there is a cause of force majeure and, where appropriate, may be granted to the alternate who appears in the first place in the granting decision.

b) Carry out the activity which bases the grant of the grant, without any change or modification of the object or the purpose for which it was granted. The start of the activity will have to take place after the grant has been granted. (c) to justify to the authority the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the grant of the grant. (d) to be subject to the checks, monitoring and evaluation carried out by the granting body, as well as to the financial control corresponding to the General Intervention of the State Administration and the Court of Auditors. (e) Communicate to the authority immediately to obtain other grants or aid to finance the same subsidised activity, and in advance of the justification for the application of the funds granted. (f) 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. g) To incorporate in a visible way in the material of promotion and publicity of the activities supported the collaboration of the Ministry of Foreign Affairs and Cooperation-Secretariat of State of International Cooperation, by means of the logo provided for in the regulations on the institutional image of the General Administration of the State. (h) Proceed to the reimbursement of the funds received in the cases referred to in Article 37 of the General Grant Law.

14th. Graduation of the breaches of the conditions imposed. -In accordance with the provisions of Article 17.3.n of the General Law of Grants, the following criteria are laid down for the graduation of the non-compliances the conditions imposed for the grant of the grant, with an indication of the percentages of subsidy drawback that will be required in each case:

1. Total non-compliance for the purposes for which the grant was awarded: 100%.

2. Partial non-compliance for the purposes for which the subsidy was granted: 40%. 3. Failure to comply with the time limit for the implementation of the activity without authorisation for an extension: 20%. 4. Delay in the submission of insufficient or insufficient justification or justification: 10%.

These criteria are in accordance with the principle of proportionality, and will be applied in order to determine the amount to be collected by the beneficiary or, where appropriate, the amount to be reintegrated.

15th. Responsibility and sanctioning regime. -The beneficiaries of the grants will be subject to the responsibilities and the sanctioning regime that on administrative infractions in the field of grants establishes Title IV of the General Law of Grants. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January 1999. Article 67 (1) of the General Law on Subsidies is to be found in Article 67 (1). Sixteenth. Development and Enforcement. -The holder of the Secretariat of State of International Cooperation is empowered to issue any instructions necessary for the execution of this Order. Seventeenth. In addition, the provisions of Law 38/2003 of 17 November, General of Grants, in Law 30/1992, of 26 November, of Regime, will be applied in an additional manner. Legal framework for public administrations and the common administrative procedure, and any other provisions which may be applicable in their nature.

Single repeal provision. Regulatory repeal.

1. All rules of the same or lower rank are repealed in that they contradict or oppose the provisions of this Order.

2. The Order of 14 April 2000 (B.O.E. of 28 April 2000) of the regulatory bases for the award of grants for the holding of congresses, seminars and conferences related to international cooperation is hereby expressly repealed. the development.

Final disposition

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

Madrid, July 27, 2005.

Moratinos Cayaube