Advanced Search

Order Sco/3685/2004, Of 2 November, Which Establishes The Regulatory Basis For The Granting Of Subsidies To Institutions And Non-Profit To Encourage The Donation And Transplant Of Human Organs And Tissues.

Original Language Title: ORDEN SCO/3685/2004, de 2 de noviembre, por la que se establecen las bases reguladoras para la concesión de subvenciones destinadas a Instituciones y Entidades sin ánimo de lucro para fomentar la donación y el trasplante de órganos y tejidos humanos.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Ministry of Health and Consumer Affairs each year grants grants for the promotion of organ and tissue donation and transplantation in order to carry out activities aimed at improving the donation rates in a increased number of transplants, as well as in the quality and viability of transplants. The objective of this is that Spanish citizens who need a transplant have the highest probability of being transplanted in the shortest possible time and with the best forecasts.

This goal, which initially seemed to be difficult to fulfill, has been becoming a reality day by day and since 1992 our country has led the number of donations per million inhabitants, doubling and tripling the figures of most of the developed countries.

For this purpose, in the expenditure budget of the Ministry of Health and Consumer Affairs, grants are provided for institutions and entities of any ownership, without profit, for the promotion of the donation and the organ and tissue transplantation.

In particular, as a policy of support for the extractions of cadaver donor and solid organ transplants, the extraction activity against the implant is first.

Also, activities aimed at improving the procurement of organs and the existence of an adequate coordination network are encouraged, given the special importance it has for organ procurement and the transplantation process in general.

Finally, we will support the promotion of donation and the realization of training activities on issues related to organ donation and transplantation.

The management of the grants shall be governed in accordance with the general principles laid down in Article 8.3 of Law 38/2003 of 17 November, General of Grants, that is, advertising, transparency, concurrency, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources.

Therefore, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants, prior to the report of the Legal Service of the Department and the Delegate Intervention, and with the approval of the Minister of Public Administrations, I have:

First. Purpose of the Subventions. This Order aims to establish the regulatory basis for the granting of subsidies, under competitive competition, to finance institutions and non-profit entities to promote the donation and transplantation of human organs and tissues, affecting the most relevant aspects of this activity and funding the promotion of the donation as shown in the following sections:

1. Funding to compensate for the activities of human organ extraction and transplantation.

2. Funding for the following activities:

(a) Incentives for activities aimed at the promotion of organ donation and transplantation, including activities that will be covered by comprehensive plans for this purpose.

b) Activities arising from coordination in the exchange of organs with other countries.

c) Organization of training activities and promotion projects related to the donation and transplantation of human organs and tissues.

d) Activities aimed at improving the quality of the donation process.

e) Incentives for accreditation activities related to the donation and transplantation process.

f) Predisposition assessment activities to the donation.

Second. Requirements of the beneficiaries of the grants.

1. These grants may be requested by non-profit-making, non-profit-making institutions of any ownership, authorized for the practice of extractions and transplantation of solid organs, as well as the Organs, Departments and Services of the Autonomous Communities for the development of the activities specified in the object of these grants, and which are available to demonstrate the following requirements:

(a) Be aware of the compliance with your tax and social security obligations, which will be accredited by the corresponding bodies.

b) To have sufficient structure and management capacity to carry out the activity that constitutes the subject of the grant.

c) Do not incur the prohibitions to obtain the status of beneficiary listed in paragraphs 2 and 3 of article 13 of Law 38/2003, of 17 November, General of Grants, which will be credited through the media provided for in paragraph 7 of the same Article.

2. Also eligible for the grants regulated by this Order, those non-profit entities, of any ownership, dependent on the Organs, Departments and Health Services of the Autonomous Communities or of the Ministry of Health and Consumer Affairs, or who collaborate by agreement or concert with them and who are willing to credit the requirements specified above.

Third. Form and time limit for applications to be submitted.

1. The applications will be addressed to the National Transplant Organization, National Transplant and Regenerative Medicine Center, by the legal representatives of the institutions, and will be able to be presented in any of the places foreseen 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.

2. The time limit for submitting applications shall be as set out in the relevant call.

Fourth. Criteria for granting grants.

1. The granting of the postpayable grants to compensate for the extractor-transplant activity will be based on the extractor-transplant activity that has been carried out by the authorized hospitals, during the previous year. the grant, certified for this purpose, by the National Transplant Organisation.

2. The granting of the prepaid grants shall be governed by:

a) Activities for the promotion of donation and transplantation.

1. These grants may be awarded to those institutions which, in compliance with the criteria set out in the second paragraph of this Order, are functionally attached to the Regional Transplant Coordination Office or the Regional Coordinator of Transplants, and upon request, as provided for in the third paragraph of this Order, for the performance during the year of the call for the grant of projects to promote the donation and transplantation of human organs and tissues.

2. For the award of these grants, account shall be taken of:

i) The content of the promotion project to be performed. For these purposes, a memory shall be presented specifying the general objectives of the project and specific objectives for each activity to be carried out, duration and content of each activity; the staff to whom it is intended; criteria for the selection of the project; and specific budget for each activity.

(ii) The population of law of the Autonomous Community according to the last official population declared by Royal Decree.

b) Activities arising from the coordination and exchange of organs with other countries.

1. Grants may be awarded to those institutions which fulfil the criteria set out in the second paragraph of these regulatory bases, and which so request, as provided for in the third paragraph of this Regulation, for the implementation of projects for coordination and exchange of organs with other countries.

2. For the purposes of assessing projects, a report shall be submitted specifying the coordination and exchange of organs with other countries planned for the year of the grant of the grant, as well as the activities of the carried out during the previous year, through the corresponding certification of the National Transplant Organization.

(c) Realization of other activities related to the donation and transplantation of human organs and tissues, as referred to in point 2 (c), (d), (e) and (f) respectively of these regulatory bases.

1. Grants may be awarded to those institutions which meet the criteria set out in the second paragraph of these regulatory bases, and which so request in accordance with the provisions of the third paragraph of this Order, for the performance of the during the year of the call for grants and until March 31 of the next year of activities on different issues related to organ donation and transplantation.

2. For these purposes, applicants must provide a general memory of the activity to be carried out with the paragraphs specified in the relevant call order.

3. The grant and the amount will be determined, in each case, in the Commission of Teaching of the Transplant and Regenerative Medicine Commission of the Interterritorial Council of the National Health System according to the following criteria:

a) The activity budget.

b) Coincidence of activities with multi-sectoral plans, campaigns, programmes or priorities of the Ministry of Health and Consumer Affairs.

c) Percussion, relevance and objective interest of the event.

d) Number of interveners and participants.

e) State projection.

f) Dissemination of the activity.

g) Transcendence in the media.

Fifth. Financing and concession procedure.

1. The grants covered by this Order shall be financed from the allocations of the Ministry of Health and Consumer Affairs in the General Budget of the State. Each call shall determine the total amount of grants to be awarded and their distribution for each of the modalities or programmes to which they are directed, without prejudice to the fact that, as provided for in Article 22 of Law 38/2003, 17 November, General of Grants, the competent body, exceptionally and within the fixed amount, may proceed:

(a) The proportion of the beneficiaries of the amount allocated to those described in paragraph 1 of these bases is apportioned.

(b) The transfer of the remaining assets in the other modalities or programmes where there are insufficient or inadequate applications in one of them and excess of suitable applications in others.

2. The granting of aid shall be made in accordance with the principles of objectivity, competitive competition and advertising.

3. The procedure shall be initiated ex officio by means of a call approved by the competent body to be published in the Official Gazette.

4. The instruction of the procedures shall be performed by the National Transplant Organization, in accordance with the provisions of Article 24, paragraph 2, of Law 38/2003 of 17 November, General of Grants.

If the application does not meet the requirements set out in this Order, the National Transplant Organization shall inform the person concerned to submit it within the maximum and unrenewable period of 10 working days, counted from of the day following that of his communication, indicating that if he does not do so, he shall be given the withdrawal of his application, upon a decision which shall be made in the terms provided for in Article 71 of Law No 30/1992 of 26 November of the Legal Regime of the General Administration and the Common Administrative Procedure.

5. Within one month, from the date of completion of the deadline for the submission of applications, the National Transplant Organisation shall provide a reasoned request for the resolution of the grants to compensate for the extraction activities and transplantation of human organs, as referred to in point 1 of the first paragraph.

Also within one month, from the date of completion of the deadline for submission of applications, the Commission of Teaching of the Transplant and Regenerative Medicine Commission of the Interterritorial Council of the National System The proposal for a resolution of the other grants for the activities specified in point 2 of the first paragraph of these bases shall be formulated in a reasoned manner.

The motion for a resolution shall express the applicant or the applicant's relationship for which the grant of the grant is proposed, and the amount of the grant.

6. In the light of the proposals made in each case by the National Transplant Organization or by the Teaching Commission, the Department of the Department (or organ in which it delegates), in accordance with the provisions of Article 10 of Law 38/2003, 17 of November, General of Grants, will dictate reasoned resolutions, stating the foundations of the resolutions to be adopted. The maximum period for issuing these resolutions shall be three months from the day of the end of the period for the submission of applications. After that time limit without any express resolution, the application shall be deemed to be dismissed.

The resolutions, in addition to containing the applicant or relationship of applicants to which the grant is granted, shall state, where appropriate, expressly, the rejection of all other applications.

7. These decisions shall be notified to the persons concerned within 10 days of the date on which the decision was given, in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992, in accordance with the wording given by Law 4/1999 of 13 January.

8. The decisions referred to in the preceding paragraph, which shall end the administrative route, may be appealed for in replacement to the Minister for Health and Consumer Affairs (or the body to whom he delegates) within one month from the date of the decision. the day following receipt of their notification, in accordance with the provisions of Article 116 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, or an appeal administrative-administrative procedure within two months, counted from the day following the receipt of the express, pursuant to Article 46.1 of Law 29/1998, of July 13, the regulator of the judicial-administrative jurisdiction; or if it is not, within six months from the day following that in which, in accordance with the specific rules of the matter, the request of the party is to be understood to be rejected.

9. Within a period of one month from the date of the decisions granting the grants, the managing centre shall issue the payment proposals for the amounts recognised therein.

Sixth. Amount of the grants.-The grant of the grants, as well as their amount, will be subject to the budgetary resources of the expenditure budget of the Ministry of Health and Consumer Affairs and to the provisions of each call.

1. Eligible expenditure shall be those provided for in Article 31 of Law 38/2003 of 17 November, General of Grants.

2. The amount assigned to each modality or program shall be agreed upon in the Transplant and Regenerative Medicine Commission of the Interterritorial Council of the National Health System, without prejudice to the possibilities for prorrata and transfer provided for in the previous paragraph.

Seventh. Obligations of the beneficiaries.

1. In the post-payable grants to compensate for the extra-transplant activity, the beneficiaries ' obligations are:

(a) Carry out with your application the precise documentation to justify that they meet the requirements of the second paragraph, point 1, of this Order, as well as, to meet the current in the fulfilment of its obligations The tax and social security system, which is valid at the time of payment; in accordance with the provisions of the Order of the Ministry of Economy and Finance of 28 April 1986, on the accreditation of compliance with tax obligations; and Order of 25 November 1987, on the grounds of compliance with the obligations of the Social security by grant beneficiaries.

b) Present certification of the National Transplant Organization concerning the extractor-transplant activity that has been carried out, by the hospitals authorized for such purposes, during the year prior to that of the call.

c) Carry copy of the tax identification card.

2. In the pre-payable grants of the other modalities or programmes, the beneficiaries ' obligations are:

(a) Carry out the activity which is the subject of the grant within the time limit to be determined in the decision of the concession.

(b) to justify to the authority the performance of the activities which have been the subject of a grant, in accordance with the provisions of paragraph 8 of this Order.

c) Submit to the actions of verification and follow-up to be carried out by the National Transplant Organization, as well as to the economic-financial control of the General Intervention of the State Administration and the Court of Accounts. This is without prejudice to the relevant control and inspection activities carried out by the competent departments of the Ministry of Health and Consumer Affairs.

d) Communicate to the National Transplant Organization, obtain other grants or aid, for the same purpose, from other organs of the Administration, other Public Administrations, public entities attached or dependents of the same and other natural or legal persons of a private nature.

This communication should be made as soon as it is known and, in any case, prior to the justification of the application given to the funds received.

e) Acredit, prior to the adoption of the proposal for a grant resolution, with effect at the time of payment, which is current in compliance with the tax and social security obligations, In accordance with the provisions of the Order of the Ministry of Economic and Financial Affairs of 28 April 1986 on the accreditation of the fulfilment of tax obligations and the Order of 25 November 1987 on the justification of compliance with the Social security obligations for the beneficiaries of grants.

(f) Dispose of the accounting records, completed records and other documents duly audited in the terms required by the legislation applicable to the beneficiary, in each case, to ensure the proper exercise of the powers of verification and control.

g) Keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of verification and control actions.

(h) Adopt the dissemination measures contained in Article 18 (4) of Law 38/2003 of 17 November, General of Grants, giving adequate publicity to the public nature of the financing of the activities are the subject of a grant.

(i) Proceed to the reimbursement of the funds received in the cases referred to in paragraph 11 of this Order.

To this end, the National Transplant Organization will initiate the corresponding refund procedure, which will be processed in accordance with the provisions of Article 42 of Law 38/2003 of 17 November, General of Grants.

Eighth. Justification for the fulfilment of the purpose for which the subsidy was granted and for the application of the funds received.

1. In the case of postpayable grants to compensate for the extra-transplantation activity, the justification for the grants will be made by the certification of the National Transplant Organisation of the activity. extractor-transplant, from hospitals authorised for such purposes, which has been carried out during the previous year of the call for grants.

2. For the remaining grants:

(a) The legal representative of the beneficiary institution or institution shall, before 30 April of the year following that of the call, justify to the National Transplant Organisation the application of the grants to the for which they are granted, by presenting a declaration of the effective implementation of the activities accompanied by:

A final justification for having carried out the activity subject to the grant within the time limit determined in the decision of the concession. This memory must necessarily correspond to the memory on the basis of which the activity was subvened.

invoices issued in the name of the beneficiary of the grant or, where appropriate, original receipts signed by the beneficiary, corresponding to each and every one of the costs incurred in the performance of each of the activities subsidised. Such invoices and receipts must comply with the legally established requirements.

Any other supporting documentation of the performance of the activity or fulfilment of the purpose that prompted the concession.

(b) They may be justified on the basis of the subsidy received in advance of their grant, provided that they relate to actual costs of the activities and concepts included in the activities supported and that such expenditure has been incurred within the time limit laid down in the Order for the execution of those expenditure.

Ninth. Amendment of the grants. -Any alteration of the conditions taken into account for the grant of the grants and, in any event, as provided for in the following paragraph, the concurrent obtaining of grants or aid granted by Other public or private, national or international authorities may give rise to the modification of the grant; all in accordance with the provisions of Article 17 (3) (l) of Law 38/2003 of 17 November, General of Grants.

10th. Incompatibility with other subsidies. -It is not incompatible to obtain other aid or subsidies for the same purpose, granted by other bodies of the Public Administrations or public or private entities of any where the amount of the grant awarded does not exceed, in isolation or in competition with other aid, the cost of the activity or project to be carried out by the beneficiary. Otherwise, the amount of the subsidy shall be the subject of an amendment.

11th. Recovery of the subsidy. -The beneficiaries of the grants shall be required to reintegrate the amounts received and the interest on late payment of the subsidy in the cases referred to in Article 37 of the Law. 38/2003, of November 17, General of Grants.

The total or partial non-compliance with the conditions imposed by the grant of the grants will result in the obligation to reintegrate the amounts collected in whole or in part, plus the legal interests corresponding, in accordance with the following proportionality criteria:

(a) The total non-compliance with the objective, the activity, of the project will involve the total recovery of the grant.

(b) The partial non-compliance with the objective of the project will entail the return of that part of the subsidy to the project.

12th. Applicable legislation.-The grants under this Order will be governed by Law 38/2003 of 17 November, General of Grants, for the other rules of administrative law, and in default, the rules of private law.

13th. 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, 2 November 2004.

SALGADO MENDEZ