Order APA/1420/2004, of May 14, the Ministry of agriculture, fisheries and food, established the rules for the award of grants to institutions, companies and professionals, related to the production and marketing in the agricultural sector, to facilitate the Department information about statistical data and agricultural prices; in accordance with the provisions in the law 38/2003 of 17 November, General subsidies.
On the other hand, the Royal Decree 1417 / 2004, of 11 June, which develops the organic basic structure of the Ministry of agriculture, fisheries and food, has determined that statistical functions related to the activities of the Department perform by the technical General Secretariat, through the Subdirectorate-General of food and agriculture statistics.
This order establishes the regulatory bases of the procedure for the granting of these subsidies public, in accordance with articles 9 and 17 of law 38/2003 of 17 November General subsidies. Subsequently, and in accordance with article 23 of this Act, the procedure shall be development through appropriate proposals that are approved by the competent authority. The management of the aid provided for in this order corresponds entirely to the General Administration of the State, in response to its object lies on a matter within its exclusive competence, as it is the statistics for State purposes, as set out in article 149.1.31. ª of the Spanish Constitution.
By virtue, I have: article 1. Object.
This order is to establish the regulatory bases for granting, in regime of competitive competition, subsidies to institutions, companies and professionals, related to the production and marketing in the agricultural sector, which provide statistical data and agricultural prices, for the elaboration of statistical operations for State purposes of compulsory preparation by the Ministry of agriculture Fisheries and food by being included in the national statistical Plan.
Article 2. Beneficiaries.
They may be beneficiaries of subsidies that regulates this order entities or companies legally constituted, as well as professionals involved in production and the agricultural commercialization, which meet the following technical requirements: be entities, companies or professionals with implementation in the agricultural markets of provincial, regional or national level.
Have technical ability to present data with the formalities required by national legislation and the European Union, that is applicable in each case.
Article 3. Granting procedure.
1. subsidies will be granted on basis of competitive, in accordance with the principles of objectivity, transparency, equality, non-discrimination and advertising.
2. the procedure will begin nursing by annual public announcement, approved by ministerial order posted in the official bulletin of the State.
Article 4. Calls.
The corresponding calls will be carried out in accordance with chapter II of title I of law 38/2003 of 17 November, General grants, as well as with the principles of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The call shall contain the reference to the present regulatory bases with an indication of the official bulletin of the State that are published, as well as the complementary regulations that could be of application.
Article 5. Form and deadline for submission of applications.
Once published the call interested parties wishing to apply for the subsidy must submit an application in the standard model that is set to the corresponding calls to the General registry of the Department, or in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The deadline for submission of applications will open the day following the publication of the announcement in the official bulletin of the State order and will close the day specified therein.
Article 6. Objective criteria of the grant.
Applications will be assessed and will be selected taking into account the following objective criteria: to) contribution by the applicant's data regarding representative agricultural products in the geographical area over which advises.
(b) the result of a history of collaborations in the supply to the Ministry of agriculture, fisheries and food of content data analogous to those referred to in this order.
(c) in the weighting of the criteria be taken into account that agricultural prices, by sector and geographical coverage, and statistical data are adapted to the fulfillment of the purpose of the grant.
Article 7. Amount and limits.
These grants are annual, indicating in each call the global maximum economic amount and quantities to receive for each collaborator.
For the determination of the individual amount of the subsidy is shall take into account the volume and complexity of the data supply.
Article 8. Instruction.
1. the competent body for the instruction of the procedure for granting of subsidies will be the General Sub-Directorate of agricultural statistics, the General technical secretariat.
2. this branch held ex officio actions it considers necessary for the determination, knowledge and testing applications and statistical data provided, pursuant to which the motion for a resolution shall be formulated. The organ instructor shall have power to collect how many reports it deems necessary, and may evacuate the hearing process, as necessary, in accordance with the provisions of article 24 of law 38/2003 of 17 November, General subsidies.
Article 9. Evaluation of applications and motion for a resolution.
1. the evaluation of applications will take place by an evaluation Commission. This Commission shall be chaired by the Assistant Director-General of food and agriculture statistics, and will form part of the head of planning and statistical methodology, the Chief of the service prices and wages agricultural, and two technicians of the FAO. The College is governed by the provisions of chapter II of title II of law 30/1992.
2. the evaluation of requests shall be made in accordance with the criteria, forms and assessment priorities laid down in article 6 of this order.
3. we will set a phase of screening, in which compliance with the imposed conditions will be checked for acquiring the status of beneficiary of the subsidy.
4. once evaluated requests by the Commission's assessment, this will issue a report in which the result of the completed evaluation will be made.
5. the organ instructor, in sight of record, and the report of the assessment Committee, formulate motion for a resolution, in which the ratio of applicants for which proposes the granting of the subsidy and the amount, specifying their assessment and the criteria followed to carry out will be expressed.
Article 10. Resolution.
1 regulated by this order grants will be awarded by the Minister of agriculture, fisheries and food, or by the body in which he has delegated this competition.
2. the resolution will be motivated, and should express the relationship of applicants who are granted the subsidy and the amount granted, with expression of the program and budget credit that is booked, by expressly stating that the remaining requests are disclaimed.
3. the deadline for issue and notify the resolution of the procedure shall be six months from the publication of the order of call for subsidies.
4. the resolution of the procedure shall be notified to those concerned in accordance with articles 58 and 59 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Likewise, an extract from the decision which indicate the relationship of the beneficiaries, that is the Bulletin Board that will be on display the entire contents of the resolution and the period during which such public exposure will take place will be published in the «Official Gazette».
Article 11. Obligations of the beneficiaries.
These grant recipients will be required to provide statistical information, fulfilling the purpose that the grant is awarded in time and form.
Article 12. Justification of the activities and payment.
The payment of the grant will be held prior justification, by the beneficiary of the realization of the activity for which it is granted, and after verifying the information received relate to content, time and how established; i.e., such payment is subject to reception, veracity and conformity of the Ministry with the data supplied.
Article 13. Compatibility with other subsidies.
The granting of subsidies regulated by this order will be compatible with any other subsidy, aid, income or resource from any authorities or entities public or private, national, EU or international bodies, provided that they can not exceed in any case the cost derived from the activity of data collection.
Article 14. Statistical confidentiality.
Individual statistical data will be prote-rigid by statistical confidentiality, under the terms established by law 12/1989, of May 9, public statistics function.
First final provision. Applicable regulations.
In all matters not provided in this order, shall apply the provisions in the law 38/2003, 17 November, General grant, as well as in the rules of procedure for the granting of public subsidies, approved by Royal Decree 2225 / 1993, of 17 December, as does not object to provisions of the aforesaid law.
Second final provision. Skill-related title.
This order is issued pursuant to the provisions of article 149.1.31. ª of the Constitution, which reserve exclusively to the State competition in the field of statistics for State purposes.
Third final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 8 July 2005.