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Order Cul/4411/2004, Of 29 December, Which Establishing The Regulatory Basis For The Granting Of Public Subsidies Of The Ministry Of Culture On A Competitive Basis.

Original Language Title: ORDEN CUL/4411/2004, de 29 de diciembre, por la que se establecen las bases reguladoras para la concesión de subvenciones públicas del Ministerio de Cultura en régimen de concurrencia competitiva.

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The Royal Decree 553/2004 of 17 April, which restructured the ministerial departments, created the Ministry of Culture. Article 1.1 of Royal Decree 1601/2004, of 2 July 2004, for which the basic organic structure of the Ministry of Culture is developed, is designated as the department of the General Administration of the State responsible for the proposal and implementation of the the Government's general guidelines on cultural policy. The first transitional provision of Law 38/2003 of 17 November, General of Grants establishes the obligation to adapt the regulatory rules of the grants to the new legal regime within one year from the entry into force of the This Law. On the other hand, there is a certain amount of legislation, since together with the Order of 6 February 1992 laying down the rules governing aid and subsidies from the Ministry of Culture, different orders are in force. certain lines of aid. Therefore, and since it is necessary to address the process of adapting the regulatory bases to the new Law 38/2003 of 17 November, General of Grants, it has been considered appropriate to approve an Order of general regulatory bases applicable to the grants to be awarded under competitive competition in the field of competence of the Ministry of Culture, but as a derogation the possible existence of specific schemes is envisaged. In addition, Article 17.1 of Law 38/2003 enables the corresponding Ministers for the approval of the regulatory bases for the granting of grants through Ministerial Order. In its virtue, prior to the report of the Legal Service and the Department's Delegated Intervention, with the prior approval of the Minister of Public Administrations, I have:

First. Object and scope of application. 1. This Order lays down the basis for the grants awarded by the Ministry of Culture and its public bodies, under the competitive competition rules, to the Ministry of Culture and its public bodies, which shall have as their object activities of cultural interest within the scope of the Department's competences.

2. This Order will not be applicable:

(a) The prizes awarded by the Ministry of Culture or its public bodies.

(b) To grant grants under competitive competition as referred to in the orders of individual regulatory bases. (c) to the grants awarded under Law 15/2001 of 9 July, for the Promotion and Promotion of Cinematography and the Audiovisual Sector and to Royal Decree 526/2002 of 14 June, which regulates the promotion and promotion of cinematography and the audiovisual sector.

Second. The beneficiaries and their requirements.

1. Natural or legal persons, who are in the position to grant the grant or in which the circumstances provided for in these regulatory bases and in the call for tenders, shall be considered beneficiaries shall be considered to be beneficiaries. and comply with the requirements laid down in Law 38/2003 of 17 November, General of Grants and in the convocation.

2. Calls may extend the status of beneficiary to:

(a) The associated members of the beneficiary who undertake to carry out all or part of the activities supporting the grant of the grant in the name and on behalf of the beneficiary, in the event that the beneficiary has the status of legal person.

b) the groups of natural or legal persons, whether public or private, the communities of property or any other type of economic unit or separate property which, although lacking legal personality, may lead to the projects, activities or behaviour or which are in the situation which motivates the concession.

3. Persons or entities in whom one of the prohibitions in the terms provided for in Article 13 of the General Grant Law is present may not obtain the status of a beneficiary.

4. Taking into account the specific characteristics of the grant, the call may require an amount of own funding to cover the activity supported as a mechanism to ensure economic and financial capacity. In the justification of the subsidy, the amount, provenance and application of the subsidy shall be credited. 5. Calls, in the light of the object, conditions and purpose of the grant, shall reflect the obligations of the beneficiary referred to in Article 14 of the General Grant Law and may establish unanticipated singular obligations. in the same.

Third. Concession procedure.

1. Grants shall be awarded, in accordance with the principles of objectivity, transparency, equality, non-discrimination and publicity, by means of the competitive competition procedure.

2. The concession procedure shall be initiated on its own initiative by public notice, adopted by resolution of the Director General responsible or the President or Director of the Public Body and published in the Official Gazette of the State.

Fourth. Content of the calls.-The call shall include, without prejudice to other aspects specified in these bases, at least the following:

(a) The reference to the present regulatory bases with an indication of the Official Gazette of the State in which they are published, as well as the additional rules that may be applicable to them.

(b) The budgetary appropriations of the General Budget of the State to which the grants are charged and the maximum total amount of the grants. (c) the purpose of the grants, in accordance with the Department's field of competence, including the various activities, behaviours or projects eligible for support, and specifying, where appropriate, the different classes or arrangements for the grant of grants; the same scheme applies. (d) the regulation of the conditions to be met by the beneficiaries and their form of accreditation. In the event that the call permits the extension of the condition of beneficiary to the assumptions provided for in paragraph 2.2 of this Order, they must also consider the form of accrediting the personality both in the application and in the (a) a decision on the granting, the commitments of the members, the amount allocated to each beneficiary, the obligation to appoint a representative or a proxy and its requirements, the impossibility of dissolving the group until the end of the period prescription in the General Grants Act and how many aspects are deemed necessary for ensure the correct destination of the subsidy. (e) The determination that the concession is made on a competitive basis. (f) Bodies competent for the instruction and resolution of the procedure. The bodies to which the generic competence is assigned shall be specified in the different stages of the concession procedure, with specification, where appropriate, of other singular privileges which may be established. (g) Model, form and time limit for the submission of applications and bodies to which they are to be addressed. Applications will be applicable to the applications provided for in Article 23.3 of Law 38/2003 of 17 November, General of Grants. (h) The maximum period for resolving and notifying the procedure, specifying the unstowable nature of the non-resolution in time. (i) an indication that the decision to grant or refuse the grant of the grant ends the administrative route, as well as the resources which come and the body to which they are to be brought. (j) The means of notification or publication, in accordance with the provisions of Article 59 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Common Administrative Procedure, which guarantee an adequate dissemination and accessibility for stakeholders. k) Evaluation:

1. Competent body: The composition of the Valuation Commission shall be specified.

2. Assessment criteria: These criteria must ensure objectivity, equality, transparency, publicity and non-discrimination in the award of grants, and in their weighting they will be in line with the adequacy of the activity projected to achieve of the purpose of the grant. Among the elements to be evaluated, consideration will be given to aspects such as the quality of the project presented or the activity carried out, the experience or trajectory performed, the artistic innovation, the conditions of viability or, (a) general, any end established in the call which is deemed appropriate for the purpose of the grant.

l) Resolution. With indication of:

1. Competent body.

2. Means of notification or publication. 3. Content of the resolution and the resolution. 4. Resource system.

m) Obligations of the beneficiary. Determining the following extremes: 1. Content of the obligations, both generic and specific.

2. Justification for the fulfilment of the obligations. Form and time-limit of the justification for the performance of the activity and of the eligible revenue and expenditure indicating the documents necessary for the fulfilment of that obligation of justification.

n) Payment and guarantees: 1. Time of payment.

2. The admission, if any, of credits to account or advance payments as well as, eventually, the guarantee scheme, its means of incorporation, deposit and cancellation procedure. (o) Concurrency and compatibility of subsidies. Compatibility or incompatibility with regard to the collection of other subsidies, indicating, where appropriate, those which are incompatible; and the time and method of communication of the grant by the beneficiary. (p) Defaults and graduation criteria. (q) Liability and sanctioning regime.

Fifth. Form and time limit for the submission of applications.

1. Once the call has been published, the interested parties who wish to apply for the grant will have to submit the corresponding application in a standardised model, as well as the required documentation in the corresponding calls in the General Register of the Ministry of Culture, Plaza del Rey, 1, Madrid, or in any of the places set out in Article 38.4 of Law 30/1992, of 26 November, of Legal Regime and Common Administrative Procedure. The calls may reflect, where appropriate, the possibility of submitting the relevant application and documentation in a telematic form.

2. The time limit for the submission of applications shall be that laid down in the call, and shall not be less than 15 days from the day following the publication of the respective calls in the Official Gazette of the State. 3. The call may allow the replacement of the presentation of certain documents by a responsible declaration of the applicant to an administrative authority or public notary. In this case, the instructor, prior to making the proposal for the grant of the grant, must require the presentation of the documentation that accredits the reality of the data contained in the said declaration in a period not exceeding 15 days.

Sixth. Instruction and valuation.

1. The calls shall specify the procedure for the procedure.

2. The assessment shall be carried out by a Valuation Commission which shall be composed of a minimum of five vowels and whose President shall be at least the rank of Deputy Director General. The calls shall determine the specific composition of the Commission in which it may participate, in addition to representatives of the Ministry of Culture and its public bodies, representatives of other departments or other administrations. Public as well as representatives of organisations and associations whose activity is linked to the subject of the grant or experts of proven qualification. Where this is justified by the existence of a high number of applications, the territorial dispersion, the existence of multiple representative entities of the sectors concerned, the diversity of the unique criteria determining the value of the or other reasons of a similar nature, the calls may provide for the existence of different collegiate bodies or the partial incorporation of members in order to assess certain aspects of the requirements in the grant call. 3. The operation of the Commission shall be governed by the provisions of Chapter II of Title II of Title II of Law 30/92 of 26 November of the Legal Regime of Public Administrations and shall not be expressly provided for in these bases or in the call for tenders. of the Common Administrative Procedure. 4. After the comparison of the applications submitted in accordance with the criteria set out in the call, the Valuation Commission shall issue a report setting out the results of the evaluation and a priority of the applications. 5. The respective calls may provide for a pre-evaluation phase in which compliance with the conditions imposed to acquire the status of beneficiary shall be verified. In any event, such a stage may only affect those requirements for which the concurrence does not require any assessment. In the event that the preevaluation stage has resulted in the exclusion of any applicant, such an end shall be notified to it in the manner determined by the call. 6. The instructor, in the light of the dossier and of the report of the Valuation Commission, shall make the proposal for a provisional, duly substantiated, resolution which shall be notified to the persons concerned in the manner determined by the call. 7. A hearing procedure may be waived where the proceedings are not included in the proceedings, other facts or other arguments and evidence than those submitted by the parties concerned, in which case the proposed resolution shall be taken into account. final character. 8. If the hearing procedure has been completed, the instructor shall make the final proposal for a final decision in which the applicant or the applicant's relationship for which the grant of grants and the amount of the grant is proposed shall be expressed, specifying its assessment and the assessment criteria.

Seventh. Resolution.

1. The decision to grant or refuse the grants requested shall be the responsibility of the Director-General responsible or the Presidents or Directors of the public bodies which are dependent or linked in relation to their field of competence.

2. The decision shall be reasoned in accordance with the provisions of the call, making reference to the criteria for assessing applications, determining the beneficiaries and the amount of the aid, indicating that the aid will end the administrative procedure by opening the administrative dispute. The resolution will contain a general dismissal of the rest of the beneficiaries. 3. The resolution shall be issued and published within the maximum period of six months after the publication of the notice in the Official Gazette of the State. After the maximum period without any express resolution, the parties concerned may understand the request. 4. The scheme of advertising of grants awarded shall be that laid down in Article 18 of the General Law on Subsidies. However, in the event that the individual amounts of the grants are less than € 3 000, the calls may provide for non-publication in the Official Gazette of the State of the concession, establishing other procedures which ensure the publicity of the beneficiaries, in accordance with the provisions of Article 59 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure.

Eighth. Reformulation of applications. -Exceptionally, where the amount finally awarded may be less than 40% of the amount requested, the call may provide for the possibility of reformulation of the applications provided that:

(a) The beneficiary should be encouraged to identify, among the proposed actions, those whose commitment it maintains and which will be the subject of a grant.

b) Exist compliance by the Commission of Valuation on the reformulation proposed.

Ninth. The amount of the subsidy or criteria for its determination.

1. The calls, in the interest of the grant, shall contain the individual amount of the grant.

2. Where its determination is not possible, the call shall set out the objective criteria for its implementation and, where appropriate, the weighting of those criteria. These criteria shall be appropriate for the purpose of the grant, including the consideration of the available budgetary resources. 4. Exceptionally, where the volume of the amount of applications is expected to be significantly higher than the maximum overall amount for the subsidy and not to cause any alteration of the conditions or conditions laid down, Calls may allow for the possibility of the pro rata among the beneficiaries in the percentage resulting from the excess between the requested and the maximum overall amount allocated to the grant.

10th. Amendment of the resolution.

1. Where appropriate, it may be possible to determine in the event those circumstances whose alteration may result in the amendment of the decision.

2. The concurrent collection of other contributions outside those provided for in the call may also give rise to the amendment of the granting decision.

11th. Subcontracting.

1. The beneficiary may conclude with third parties the implementation of the subsidised activity up to a limit of 50% of the amount of the subsidised activity.

2. In any event, prior authorisation shall be required, in terms to be determined in the call, where the subcontracting exceeds 20% of the amount of the subsidy and the amount exceeds EUR 60 000.

12th. Justification.

1. The call shall specify, where appropriate, the books and accounting records necessary for the appropriate justification of the grant and for the exercise of the powers of verification and control.

2. In general, the form of justification for the grant shall be by means of a comprehensive supporting account of the set of documents proving the expenditure by the beneficiary concerned with each project supported and with the identification of the origin of the funds with which it is financed and the ratio of the expenditure incurred, with the provision of the relevant documents to enable compliance with the subject-matter of the grant. Exceptionally, where the accreditation of the fulfilment of measurable activities in the number of physical units or other parameters is the subject of the eligible activity, the justification may be established by means of modules The Commission has also provided the Commission with a view to establishing a framework for the implementation of the measures in question. The form of justification for the presentation of accounting statements may also be accepted where the expenditure financed from public expenditure cannot be individualised by the funds for a generic purpose of the beneficiary. 3. Where the recipients of the grants are bodies or entities of the state public sector subject to permanent financial control, their justification shall be adjusted to the simplified scheme to be determined by regulation.

13th. Eligible expenditure.-As a general rule, the time limit for the expenditure of the subsidised activity shall end before the end of the period of justification, although the call may dispense with this obligation. Fourteenth. Payment and guarantees.

1. The call may include the possibility of making payments on account, although the rate of such fertilizers shall be conditional on the risks assumed, the duration and the degree of implementation of the action or expenditure effected by the preceptor of the subsidy. In any case, each new payment shall be subject to the use of the previous pre-financing by 70%.

2. Where the call for payment is admissible, it may, where appropriate, provide for the requirement of a guarantee scheme.

15th. Competition and compatibility of subsidies. The call may allow for the collection of other subsidies from any national or international public or private authorities, provided that the amount of the aid is equal to the amount of the aid. it is such that, in isolation or in competition with other subsidies, it does not exceed the cost of the subsidised activity or implies a decrease in the amount of the own financing required, where appropriate, to cover the subsidised activity. Sixteenth. Reinstatement and graduation of non-compliances.

1. The payment of the sums received and the interest for late payment from the time of payment of the subsidy shall be recovered when the legally established causes are met.

2. In the case of partial non-compliance, the fixing of the amount to be reintegrated shall be determined in accordance with the principle of proportionality and taking into account the fact that the non-compliance is significantly closer to the full compliance and the beneficiaries are credited with a performance which is unequivocally aimed at the satisfaction of their commitments.

Seventeenth. -Infractions and sanctions.-The regime of applicable administrative sanctions and violations shall be the one established in Title IV of Law 38/2003 of 17 November, General of Grants. Eighteenth. -Legal framework. -For all those extremes not provided for in this order, Law 38/2003 of 17 November, General of Grants and suppletoriely the Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure and any other provision of legislation which may be applicable in its nature. Nineteenth. -Transitional arrangements.-This order shall not apply to the procedures governed by the calls approved prior to its entry into force. Twenty-one. -Rules of law. -Repealed as many provisions of equal or lower rank are opposed to the provisions of this provision and expressly the following orders:

(a) Order of 6 February 1992 laying down the rules governing aid and subsidies from the Ministry of Culture and its Autonomous Bodies.

(b) Order of 15 June 1998 laying down the regulatory basis for the granting of aid in the Directorate-General of the Book, Archives and Libraries, in order to promote Spanish books and authors internationally. (c) Order of 15 June 1998 laying down the regulatory basis for the granting of certain aids in the Directorate-General for the Book, Archives and Libraries. (d) Order of 26 March 1998 laying down the regulatory basis for the granting of certain aid from the Directorate-General for Cooperation and Cultural Communication and Order ECD/269/2003 of 3 February establishing the regulatory bases for aid to music, lyric and dance from the National Institute of the Performing Arts and Music for the year 2004. (f) Order ECD/270/2003 of 3 February establishing the regulatory basis for assistance to the theatre and circus of the National Institute of the Performing Arts and Music for the year 2004. (g) Order of 14 July 1998 laying down the regulatory basis for the granting of aid and grants from the Directorate-General for Fine Arts and Cultural Property

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

Madrid, 29 December 2004.

CALVO POYATO