Order Sco/3244/2004, Of 5 October, Which Establishes The Regulatory Bases Of The Calls For The Granting Of Financial Assistance To Local Governments For The Development Of Programmes For Prevention Of Drug Addiction, With Car...

Original Language Title: ORDEN SCO/3244/2004, de 5 de octubre, por la que se establecen las bases reguladoras de las convocatorias para la concesión de ayudas económicas a Corporaciones Locales para el desarrollo de programas de prevención de las drogodependencias, con car...

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Law 36/1995, of 11 December, creation of the Fund coming from assets forfeited by drug trafficking and other related crimes, led to the creation of this Fund which, currently, is regulated by the law 17/2003 of May 29. This Fund thrives on goods, effects, and instruments that are subject to confiscation pursuant to the articles 374 of the Penal Code and 5 of the organic law 12/1995 of 12 December, suppression of smuggling, as well as the confiscated as a result accessory of the criminal offence in article 301.1, second paragraph, of the Penal Code and that by judgement are awarded definitively to the State , and the product obtained by the application of sanctions and confiscation provided for in law 3/1996, of 10 January, on control measures of scheduled chemical substances susceptible of diversion to the illicit manufacture of drugs, or any other legal provisions related to the Suppression of drug trafficking.

Coordination table of allotments, who manages this Fund, is ascribed to the Government delegation for the National Plan on drugs, and, therefore, the Ministry of health and consumption, according to the Royal Decree 1555 / 2004, of June 25, whereby the basic organic structure of this Department develops.

Since, on the one hand, law 17/2003 foresees as recipients and beneficiaries of these funds, among others, to local corporations, according to the forecasts of the respective regional or autonomic on drug plans, and are annually approved by the Bureau of coordination of awards funds for these purposes, has been considered appropriate to establish the bases that have governed the calls for aid for the financing of programmes of prevention of the drug addiction.

The amount of credits that are available have been advised to concentrate efforts in the exclusive development of programs of prevention, and not of assistance and reintegration of drug addicts, as well as to limit beneficiaries to the municipalities of the province or autonomous region capitals, as well as councils and Island Councils, telling them with drug plans and provide that the activities developed there will have a greater impact and will serve to encourage the adoption similar actions in other municipalities; all of this without prejudice to the efforts being made by many other municipalities in the fight against drug addiction.

This order is issued pursuant to article 17 of law 38/2003 of 17 November, General subsidies, a proposal from the Government delegation for the National Plan on drugs, prior report of State law and the delegated Department intervention and with the approval of the Minister of public administration.

By virtue, I have: first-object.

With the aim of promoting the realization of healthy alternatives to the consumption of toxic substances in the youth leisure time, establish the bases for the calls for economic aid to Spanish local corporations that meet the requirements set out in the second section, on a competitive basis and in accordance with the principles of publicity, transparency, objectivity, equality and non-discrimination effectiveness and efficiency in the allocation of public resources.

Subsidized programmes should develop from the granting of the subsidy until the date of termination of activities that point to each call.

The amount of aid shall be determined by the cost of the program object from the application, the number of applications, the appraisal obtained on the basis of the criteria referred to in the sixth paragraph of the order and credit available for these grants. In any case, the financing of the programme may not exceed 80% of the actual cost of the same.

Such aid shall be governed by the law 38/2003, 17 November, General grants, by provisions of law 17/2003, of 29 may, the Fund coming from assets confiscated for smuggling drugs and other related offences and in this order by the remaining rules of administrative law and, in its absence, by the of private law.

Segundo.-Solicitantes. financial aid whose issuance is regulated in the present order may be requested by those local corporations who meet the following requirements: to) capital of province or autonomous community or be councils or Island Councils.

(B) planning of performances have made in drug addiction in its territorial scope.

(C) that such planning is in line with the forecasts of its corresponding Regional or regional Plan of drug addiction.

Third.-presentation of requests.

1. the deadline for submission of applications shall be one month from the day following the date of publication of each call in the "official bulletin of the State".

2. the documentation, in triplicate, will head the Government delegation for the National Plan on drugs and may occur in records or office referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as amended by law 4/1999 of 13 January without that the registration is valid for this purpose made by the requesting entity.

3 if any requests not accompanied any document of those required in the fourth paragraph of this order, or omit any data in the required annexes or any of the ends foreseen in article 71.1 of the law 30/1992, of the legal regime of public administrations and common administrative procedure, is required to the Corporation which had formulated it so , within a maximum period of ten days, remedy deficiencies or omissions warned, with a warning that, if so they would not do it, is you will understand by desisted from its request, prior resolution which shall be dictated in the terms provided for in article 42 of the law 30/1992, cited above.

Fourth.-required documentation.

To formulate the request for economic assistance regulated in this call must be provided, in triplicate, the following documentation: A) instance corresponding to the specimen is incorporated as annex I to this order. This instance must be signed who holds the representation of the entity or power enough to do so, and must meet this end accredited documents. Authenticated copy of the national identity document who subscribes the instance will also be presented.

(B) description of the programme subject to the request, in accordance with the content of annex II which is incorporated into this order, and which will refer exclusively to the actions to be developed until the date indicated for each call, taking into account paragraphs not completed in annex II may not be considered for the purposes of its assessment.

(C) certificate of the Regional Plan or corresponding drug autonomic stating that the presented program is in line with its forecasts of performance.

Fifth.-programs to finance.

AIDS, whose grant is regulated in this order are especially aimed at developing activities with children and young people in the vulnerable and may be requested to fund programs for the promotion of alternatives to occupation of leisure time of young people on weekends or holidays that offer opportunities to participate in recreational, sporting, cultural and social activities , and address to avoid, reduce, or replace the involvement of young people in activities related to polydrug.

These programs should include healthy activities and, therefore, free drugs, which must be suitable for the evolutionary development, interests and expectations of the recipients and conceived within global policies of prevention of the municipality. Also, such programs must include a procedure of evaluation of results planning as one of its central objectives.

Given the characteristics of the programs to fund, every Local Corporation may present a single program.

The programs must meet the following minimum requirements: will be directed as a priority to young people between 14 and 18 years or, in the case of populations at risk, under 30 years.

They will develop during all weekends of at least three consecutive months or 20 days during holiday periods, with a minimum duration of 3 hours of activity per day.

The schedules of activities are suitable to the characteristics of the recipients.

They will be included in plans or programmes for prevention of drug addiction.

Ensure the use of community spaces such as sports, cultural or leisure, sports centres, cultural and youth centres, etc.

They will include procedures to ensure the safety of users during the development of the activities.

They shall ensure the unavailability or the promotion of alcohol or other drugs.

The Local Corporation shall co-finance the program with, at least, 20% of the final cost of the same. Shall not be considered costs of the program municipal fixed staff costs, official or labor, or for routine maintenance of premises used.

Sixth.-criteria of assessment.

To asses the programs submitted to this call for proposals the following criteria shall be taken into account:
(a) the technical quality of the program, evaluating the degree of adequacy and consistency between objectives, recipients, activities, human resources and materials, management and evaluation to "Basic criteria of intervention in addiction prevention programs" approved in the Interautonómica Committee on 24 October 1996 and published in "prevention of drug addiction: analysis and proposals for action", which is published by the Ministry of the Interior in 1997 : up to a maximum of 50 points.

(b) collaboration with youth departments and other agencies involved in alternative leisure and Harrow's use of public spaces: up to a maximum of 10 points.

(c) planning and carrying out an evaluation of procedures and results, as well as social impact of the program: up to a maximum of 15 points.

d) programmes aimed at a population of minors at risk, living in areas of priority action, drug users, children of drug addicts, children with juridical problems, children with high degree of absenteeism or school failure: up to a maximum of 25 points.

Seventh.-handling and resolution.

1. the General Sub-Directorate of management will assume administrative handling of records.

The assessment of the applications submitted will be the Commission's assessment consisting of: President: the Deputy Director General information, studies and coordination of programmes of prevention, assistance and reintegration.

Secretary: An official of the Government delegation for the National Plan on drugs.

Members: Two technicians of the Government delegation for the National Plan on drugs.

The Deputy Director General of information, studies and coordination of programmes of prevention, assistance and reintegration as organ instructor of the procedure, in view of the assessment of the projects, presented the motion for a resolution of the call within two months since the completion of the term for submission of applications to the Government delegate for the National Plan on drugs , who will raise the motion for a resolution to the Minister of health, who will take the reasoned decision that corresponds in within 30 days of the filing of the motion for a resolution.

Those applications which had not been expressly disclaimed shall resolved and reported in this period, without prejudice to the obligation of the Administration's decision expressly as provided in article 43.4 of the law 30/1992, of 26 November, legal system and common administrative procedure, amended by law 4/1999 of 13 January.

2. the organ instructor exercise activities of control and verification of the information provided by the applicant entities creates should be made. In order to facilitate better assessment, may require the applicant entities clarification or enlargement contained in projects.

Verification of the existence of data not adjusted to reality, both in the application and in the rest of the documentation that has been filed, may act according to their importance, the refusal of the requested assistance, without prejudice to the other responsibilities that may arise.

3. the amount of the subsidies granted in any case may be of such an amount that, separately or concurrently with grants or aid from other national or international public or private entities, exceed the cost of the activity to develop by the grant beneficiary Corporation. This will be obliged to communicate to the Government delegation for the National Plan on drugs the perception of any other subsidy received for the program funded at the moment occurs.

4. subsidies granted shall be published in the Bulletin Board of the Government delegation for the National Plan on drugs, also published summary of the corresponding resolution in the "official bulletin of the State".

5. the resolution of the call shall be notified to each applicant institutions at home each one of them indicated in annex I of this order.

6. against this resolution, which puts an end to the administrative procedure, is may bring optional appeal of replacement, or contentious-administrative appeal, in the manner and time-bound in law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as amended by law 4/1999 of 13 January.

Eighth.-payment of granted economic aid.

1 payment of the grant awarded will be held in a single payment, upon presentation by the Local Corporation: to) certification of forecast expenditures that will lead the program, in accordance with the quantities subsidised to each program. This forecast of expenses, which will be broken down by concepts, must be approved by the Government delegation for the National Plan on drugs.

(b) accreditation, in the way established in article 13.7 of the Act General of grants 38/2003, of 17 November (BOE of 18 November), that are aware of their tax obligations and Social Security.

2. the financing of the above-mentioned grants will be credit affected for these purposes in the General State budget in the programme "National Plan on drugs", concept 462, increased with funds coming from assets forfeited by drug trafficking and other related crimes, according to the law 17/2003.

The payment shall be anticipated and, given the nature of the beneficiary entities, the certificate referred to in the letter to) point 1 of this provision, is constituted as a mechanism of the guarantee referred to in article 34 of the law 38/2003 General of subsidies.

Ninth.-implementation of subsidized activities.

1. the beneficiary Local Corporation is required to make the program object of the subsidy, according to article 14 of the General subsidies Act regulates.

2. the delegation of the Government for the National Plan on drugs will track the performance of subsidized programs.

To this effect, subsidized corporations shall periodically communicate the degree of compliance of the project, in accordance with the timetable and follow-up instructions issued for this purpose by the Government delegation for the National Plan on drugs.

3 benefiting corporations shall set forth specifically and clearly in any of the media and materials (brochures, leaflets, WEB pages, etc.) used for the diffusion of the subsidized activities, that they are carried out with financing from the Government delegation for the National Plan on drugs, using the following model: funded by: (see image (, Page 33974) this model of logo will be used always, extensions and reductions, keeping the proportions of the model and must be placed in the preferential place of support to spread, with the same category as the logo of the subsidised entity.

4. the beneficiary shall be subject to verification activities to be performed by the Government delegation for the National Plan on drugs and the financial control that correspond to the General intervention of the administration of the State, and also the beneficiary provide how much information is required by the Court of Auditors, with regard to aid granted , as provided for in article 8 of the rules of procedure for the granting of public subsidies.

Tenth.-justification for the subsidy.

1. the beneficiary Corporation must present, before the designated date in each examination session, a final report in duplicate on the development and program compliance target of grant, in which detailing the results obtained as a result of the implementation of the programme, in relation to each and every one of the points described in the same.

It will be accompanied by two copies of all materials produced by or for the subsidized program.

2. economic justification. On the same date, the recipient Corporation will present to the Government delegation for the National Plan on drugs bills of costs incurred in the development of the program in the part corresponding to the grant awarded and certification of the controller delegate in the Corporation stating the final funding that has counted the subsidized program and total expenditures incurred in its development , and whether there have been or not other subsidies, public or private, for the subsidized programme and implementation of those rules, where appropriate.

3 given that grant may not exceed 80% of the cost of the program, if the expenditure actually carried out were lower than anticipated, the grant shall be reduced by the amount corresponding to this percentage, by what, if any, refunded the difference to the public Treasury.

Eleventh.-modification or revocation of the grant.

Any alteration of the conditions taken into account for the granting of the subsidy and, in any case, obtaining for the same programs of subsidies or AIDS granted by other administrations or agencies, public or private, national or international, which rise to an excess of funding, must be communicated to the Government delegation for the National Plan on drugs , and shall lead to the modification of the concession, by the exceeded amount, or the total revocation of the resolution of granting, where appropriate.
The beneficiary shall be subject to the regime of offences and penalties provided for in title IV of law 38/2003 of 17 November, General grant, the breach of the duty of justification will result in the initiation of the procedure for reinstatement by the total of the grant with the demand for interest from the time of the payment , expected the current regulations.

Twelfth.-entry into force.

This order shall enter into force the day following its publication in the "official bulletin of the State".

Madrid, October 5, 2004.