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 is restructuring the ministerial departments created the Ministry of culture. Article 1(1) of the Royal Decree 1601 / 2004, of 2 July, whereby the basic organizational structure of the Ministry of culture, develops recorded it as the Department of the General Administration of the State responsible for the proposal and implementation of the General guidelines of the Government on cultural policy.
The first transitional provision of law 38/2003, 17 November, grants General sets the obligation to adapt the rules governing subsidies to the new legal regime within the period of one year from the entry into force of this law.
On the other hand, there is some dispersion normative, since along with the order of February 6, 1992, which establish the regulatory norms of aid and grants from the Ministry of culture, are in force different orders applicable to certain lines of aid. Therefore, and given that it is necessary to address the process of adapting the regulatory bases to the new law 38/2003 of 17 November, General grants, has been considered appropriate to adopt an order of bases general regulation applicable to subsidies that are granted on basis of competitive concurrency in the sphere of competence of the Ministry of culture , although, as an exception provides the possible existence of specific arrangements.
Also, article 17.1 of law 38/2003, enables the corresponding Ministers for approval by the regulatory bases of the granting of subsidies by ministerial order.
By virtue, prior report of the legal service and the intervention delegate of the Department, with the prior approval of the Minister of public administration, I have: first. Object and scope of application.
1. the present order establishes the regulatory bases of the subsidies which grant, in regime of competitive, the Ministry of culture and its public agencies, with their budget appropriations, relating to activities of cultural interest within the sphere of competence of the Department.



2 shall not apply this order: to) the awards granted by the Ministry of culture or their agencies.



(b) a competitive contract award grants referred to on orders of unusual regulatory bases.
(c) to subsidies granted under the Act 15/2001, of 9 July, encouragement 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 physical or legal persons shall be regarded as beneficiaries, who are in the situation to substantiate the award of the grant or that comply with the circumstances provided for in these regulatory bases and the call and that they meet the requirements set out in law 38/2003 of 17 November, General grant and the call.



2 calls may extend the status of beneficiary a: to) associate members of the beneficiary who undertake to carry out all or part of the activities that support the granting of the subsidy on behalf and for the account of the beneficiary, in the event that it has the status of legal person.



(b) groups of natural persons or legal entities, both public and private, communities of goods or any other kind of economic unit or separate estate, still lacking legal personality, to carry out the projects, activities or behaviors or who are in the situation that motivates the concession.



3. not may obtain the status of beneficiary persons or entities who if any of the prohibitions in the terms provided for in article 13 of the General Law of subsidies.



4 according to the specific characteristics of the subsidy, the call may require an amount of funding to cover the activity funded as a mechanism that guarantees the economic and financial capacity. In the justification of the grant, the amount, source and its application must be credited.
5. calls, in view of the object, terms and purpose of the grant, reflect the obligations of the beneficiary referred to in article 14 of the General Law of subsidies being able to establish unique obligations not provided for therein.



Third party. Granting procedure.



1. subsidies shall be granted, in accordance with the principles of objectivity, transparency, equality, non-discrimination and advertising, through the competitive process.



2. the procedure will begin nursing through public call, adopted by resolution of the competent Director General or the President or Director of public agency and published in the official bulletin of the State.



Room. Content of the calls.-the call set forth, notwithstanding that materialize also other aspects provided in these conditions, as a minimum the following: to) the reference to the present regulators with indication of the official bulletin of the State that are published, as well as the complementary regulations that could be of application databases.



(b) appropriations from the State budget which are imputed convened grants and the maximum of the same total amount.
(c) the purpose of subsidies, according to the sphere of competence of the Department, including activities, behaviors, or eligible projects, and specifying, where appropriate, different classes or types to which a same regime is applicable.
(d) the regulation of the conditions that must go on the beneficiaries and their form of accreditation. In the event of the call allows the extension of beneficiary status to the assumptions provided in Chapter 2.2 of this order, must also include how to accredit the personality both in the application as in the resolution of granting, commitments of members, the amount allocated to each beneficiary, an obligation designation of a representative or agent and your requirements , the impossibility of dissolving the group until the end of the limitation period provided for in the General Law of grants and many aspects are considered necessary to ensure the correct destination of the subsidy.
(e) the determination that the award is made on a competitive basis.
(f) the competent bodies for the statement and resolution of the procedure. Specify the organs that generic competition in the different phases of the procedure, specifying, where appropriate, of other unique powers that could be be attributed.
(g) model, form and deadline for submission of requests and organ that should be addressed. Requests it will be of application as provided for in article 23.3 of the law 38/2003 of 17 November, General grant.
(h) the maximum period to resolve and to notify the procedure, specifying the dismissing nature of the lack of resolution in time.
(i) the indication that the resolution that you remember or denied the granting of the subsidy puts end to the administrative procedure, as well as resources that come and the organ that must be filed.
(j) the means of notification or publication, in accordance with the provisions of article 59 of the law 30/1992, of November 26, legal regime of public administrations and common administrative procedure, ensuring a proper dissemination and accessibility for stakeholders.
(k) evaluation: 1. competent authority: the composition of the Commission's assessment will be required.



2. evaluation criteria: these criteria shall ensure the objectivity, equality, transparency, publicity and non discrimination in the granting of subsidies, and their weighting is attend the suitability of activity designed to the achievement of the purpose of the grant. Among the elements being valued will have to consider aspects such as the quality of the proposed project or the activity, experience or his career, artistic innovation, feasibility conditions or, in general, any end established in the call that are appropriate to the subject of the grant.



(l) resolution. With indication: 1. competent organ.



2. means of notification or publication.
3. content of the positive and rejecting resolution.
4. regime of resources.



(m) the obligations of the beneficiary. Determining the following: 1. content of the obligations, both generic and specific.



2. justification of the fulfilment of obligations. Form and term of justification for the realization of activity and income and eligible expenditure with an indication of the documents necessary for the fulfilment of this obligation of justification.



n) payment and guarantees: 1. time of payment.



2. the admission, in his case, from fertilizer to account or payments made as well as, eventually, the regime of guarantees, its Constitution, deposit and cancellation procedure.
(o) competition and compatibility of subsidies. Compatibility or incompatibility for the perception of other subsidies, with indication, where appropriate, of those which are incompatible; and the time and form of communication for collection by the recipient.
(p) non-compliances and graduation criteria.
(q) liability and penalties.




Fifth. Form and deadline for submission of applications.



1. once published the call, applicants who wish to apply for the grant must submit an application in a standard, as well as the required documentation in the appropriate calls in the General registry of the Ministry of culture, King's square, 1, Madrid, or in any of the places set out in article 38.4 of law 30/1992, of 26 November Legal system and common administrative procedure. Requests may reflect, where appropriate, the possibility of submitting the request and the relevant documentation in a way telematics.



2. the deadline for submission of applications will be which is established in the call for proposals, and may not be less than fifteen days counting from the day following the publication of the respective announcements in the Official Gazette.
3. in call for proposals is may accept the substitution of certain documents a statement responsible for the applicant granted before an administrative authority or a notary public.
In this case, organ instructor, prior to make the motion for a resolution of grant of grant, shall require the submission of documents proving the reality of the data contained in the Declaration in a period not exceeding 15 days.



Sixth. Instruction and assessment.



1. Requests shall be the instruction of the procedure body.



2. the evaluation will be carried out by a Commission of valuation that will be formed by a minimum of five members and whose President range, at least of Assistant Director-General. The calls will determine the specific composition of the Commission in which it may participate, in addition to representatives from the Ministry of culture and its public agencies, representatives of other departments or other public authorities as well as representatives of organizations and associations whose activity is linked to the grant or experts of proven qualification.
When it is thus justified by the existence of a large number of requests, the territorial dispersion, the existence of multiple organizations representing affected sectors, the diversity of unique criteria determining for the assessment or other similar reasons, calls may provide the existence of different colleges or the partial incorporation of members to assess certain aspects of those required in the grant announcement.
3. in matters not provided for expressly in these conditions or in the call for proposals, the functioning of the Commission shall be governed by the provisions of chapter II of title II of law 30/92, of 26 November, the legal regime of public administrations and common administrative procedure.
4. the Commission's assessment, after the comparison of the applications submitted in accordance with the criteria laid down in the call for proposals, will issue a report in which the results of the assessment and a priority of requests is concrete.
5. the respective announcements may provide a phase of screening that will verify compliance with the conditions imposed for acquiring the status of beneficiary. In any case this phase shall only affect those requirements whose attendance does not require any valuation. In the event that the exclusion of any applicant had occurred in the pre-assessment phase you will be notified so far in the form determined by the call.
6 organ instructor, in view of the record and the Commission's assessment report, shall be duly motivated, provisional resolution which shall be communicated to those interested in the form determined by the call.
7 you can dispense with the procedure of hearing when they do not appear in the procedure or are taken into account other facts or other allegations and evidence that the adduced by those concerned, in which case the motion for a resolution formulated will have definitive character.
8 complete if the procedure of hearing, organ instructor will formulate definitive resolution in which the applicant is expressed or ratio of applicants for which proposes the granting of subsidies and the amount, specifying their assessment and the assessment criteria.



Seventh. Resolution.



1. the decision of grant or refusal of the chosen grants will be up to the competent Director General or Presidents or heads of dependent or related public agencies according to their sphere of competence.



2. the resolution shall be motivated in accordance with what has the call, referring to the criteria for the evaluation of applications, determining the beneficiaries and the amount of aid, with an indication that it puts an end to the administrative opening the way contentious administrative. The resolution will contain a widespread rejection of the rest of the beneficiaries.
3. the resolution will dictate and published within a maximum period of six months from the publication of the notice in the Official Gazette. Once the maximum period without that has relapsed express resolution, stakeholders can understand rejected the request.
4. the advertising of awarded grants procedure shall be laid down in article 18 of the General Law of subsidies. However, in the event that the individual amounts of subsidies are less than €3,000, the calls may provide the non-publication in the Official Gazette of the concession, establishing other procedures that ensure the publicity of the beneficiaries, as foreseen in article 59 of the law 30/1992, of 26 November Legal regime of public administrations and common administrative procedure.



Eighth. Reformulation of applications-exceptionally, when the amount finally awarded may be lower by a percentage greater than 40% to the requested, the call can provision reformulation of applications provided that: to) call on the beneficiary to identify, from among the proposed activities are those whose commitment remains, which will be subject to subsidy.



(b) there is conformity assessment Committee on the proposed reformulation.



Ninth. Amount of the subsidy or criteria for their determination.



1. calls, in view of the subject of the grant, will contain the individual amount of the subsidy.



2. when his determination is not possible, the call shall establish objective criteria for its realization and, where appropriate, the weighting of the same. These criteria shall be appropriate to the subject of the grant and they will necessarily include the consideration of budgetary availability.
4. exceptionally, when the volume of the amount of applications expected that it could be significantly higher than the maximum overall amount for the grant and does not require any alteration of any requirements or conditions set, the calls may admit the possibility of apportionment among the beneficiaries in the percentage that derived from excess between the request and the maximum overall amount for the grant.



Tenth. Modification of resolution.



1. in call for proposals is may determine, where appropriate, those circumstances whose alteration may give rise to the amendment of the resolution.



2 concurrent obtaining other contributions outside of those provided for in the call for proposals may also motivate award resolution modification.



Eleventh. Subcontracting.



1. the beneficiary may enter into with third parties the implementation of activity funded up to a limit of 50% of the amount of the subsidized activity.



2. in any case necessary prior authorization, the terms determined in the call, when subcontracting exceeds 20% of the amount of the grant and the amount exceeds 60,000 euros.



12th. Justification.



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



2. in general the form of justification for the subsidy will be supporting account comprehensive set of documents certifying the completion of the expenditure by the beneficiary referred to each subsidized project, and with the identification of the source of funds with which it is financed and the relationship of costs incurred, with the contribution of the relevant documents that accredit the fulfillment of the purpose of the grant.
Exceptionally, when it is the object of accreditation of compliance with measurable activities eligible activity in number of physical drives or other parameters, the justification by means of modules may be established so convincingly proving the reality of the facts that underlie the concession and, where appropriate, the application of this to the purpose for which it was granted.
The form of justification in the presentation of financial statements may also accept when being allocated funds to a generic purpose of the beneficiary can not identify the expenditure financed with public expenditure.
3. in the event that recipients of grants are bodies or entities of the State public sector subject to permanent financial control will adjust their justification the simplified regime which is determined by law.




13th. Eligible expenses- as rule general realization of the cost of the subsidized activity period ends before the conclusion of the term of justification, although the call may dispense this obligation.
Fourteenth. Payment and guarantees.



1. the call may collect the possibility of realization of fertilizers to account, although the pace of these fertilizers will be conditioned to the risks involved, the duration and the degree of implementation of the action or the costs incurred by the preceptor of the grant. In any case, each new payment shall be subject to the use of the previous pre-financing 70%.



2. when call for proposals supports the realization of anticipated payments can contemplate, in his case, the requirement of a system of guarantees.



Fifteenth. Concurrence and support of grants-call for proposals may be accepted perception of other subsidies from any Government or public or private, national or international bodies, provided that the amount thereof is of such an amount that, individually or in concurrence with other grants, does not exceed the cost of the subsidised activity or implies a decrease in the amount of required own financing , where appropriate, to cover the subsidized activity.
16th. Reinstatement and graduation of breaches.



1. proceed the reinstatement of perceived quantities and the demand of the interest on arrears corresponding from the moment of the payment of the subsidy when the majeure legally established.



2. in the event of partial default, the fixing of the amount that should be reinstated is determined in application of the principle of proportionality, taking into account the fact that cited breach significantly closer to full compliance and is accredited by the beneficiaries a performance unambiguously aimed at the satisfaction of its commitments.



Seventeenth-offences and penalties-the regime of offences and administrative penalties shall be laid down in title IV of law 38/2003 of 17 November, General grant.
Eighteenth-legal regime-for all those ends not foreseen in the present order, applies law 38/2003 of 17 November, General subsidies and supplementary law 30/1992, of November 26, legal regime of public administrations and common administrative procedure and any other regulatory provision that by its nature might result from application.
Nineteenth-transitional arrangements-this order shall not apply to the procedures governed by requests approved prior to their entry into force.
Normative Vigesimo.-derogacion.-how much or less range disposiciones oppose provisions in this provision and specifically the following orders are repealed: to) order of 6 February 1992, by which establish the rules governing subsidies and grants from the Ministry of culture and its autonomous bodies.



(b) order of 15 June 1998, by which establish the regulatory basis for the granting of aid in the General direction of the book, files and libraries, to internationally promote Spanish books and authors.
(c) order of 15 June 1998, by which establish the regulatory basis for the granting of certain AIDS in the General direction of the book, files and libraries.
((d) order of 26 March 1998, which establishes the regulatory basis for the granting of certain AIDS of the Directorate General for cooperation and Cultural communication e) order ECD/269/2003 of 3 February, which establishes the regulatory bases of aid to music, poetry and dance of the National Institute of scenic arts and music for the year 2004.
f) order ECD/270/2003 of 3 February, which establishes the regulatory bases of the aid to the theatre and circus of the National Institute of scenic arts and music for the year 2004.
(g) order of 14 July 1998, which establishes the regulatory basis for the granting of aid and grants from the General Directorate of fine arts and cultural property twenty first-entry into force-this order shall enter into force the day following its publication in the official bulletin of the State.



Madrid, 29 December 2004.



CALVO POYATO