Law 36/1995, of 11 December, of the creation of the Fund from the assets seized by drug trafficking and other related crimes, entailed the creation of this Fund which, at present, is regulated by the Law 17/2003, dated May 29. This Fund is nourished by the goods, effects and instruments which are the subject of a comiso pursuant to Articles 374 of the Penal Code and 5 of the Organic Law 12/1995, of December 12, of Smuggling Pressure, as well as of those seized as consequence of the offence established in the second paragraph of Article 301.1 of the Criminal Code and which, by final judgment, is definitively awarded to the State, and the product obtained by application of the penalties and the conditions laid down in the Law 3/1996 of 10 January 1996 on measures for the control of classified chemical substances diversion for the illicit manufacture of drugs, or in any other normative provisions related to the repression of drug trafficking.

The Board of Coordination of Adjudications, which manages this Fund, is attached to the Government Delegation for the National Plan on Drugs, and, therefore, to the Ministry of Health and Consumer Affairs, according to Royal Decree 1555/2004, 25 June, for which the basic organic structure of this Department is developed.

Since, on the one hand, Law 17/2003 provides for the recipients and beneficiaries of these funds, among others, to Local Corporations, according to the forecasts of the respective Regional or Autonomous Plans on Drug dependency, which is approved annually by the Bureau for the Coordination of Adjudications for these purposes, it has been considered appropriate to establish the bases for which the calls for aid for the financing of the programmes for the prevention of drug dependence.

The amount of appropriations that are often available has been advised to concentrate efforts on the exclusive development of prevention programmes, and non-assistance and reintegration of drug addicts, as well as to limit the beneficiaries to the municipalities of the provincial or autonomous community capitals, as well as to the island councils and councils, when counting the same with drug plans and to provide that the actions taken there will have a greater impact and serve to encourage the adoption of similar actions in other municipalities, without disknowledge of the In the fight against drug dependency, many other councils are making efforts.

This Order is dictated in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants, on the proposal of the Government Delegation for the National Plan on Drugs, prior to the Advocate the State and the Delegation's Delegate Intervention and with the approval of the Minister of Public Administration.

In its virtue, I have:

First. -Object.

With the objective of encouraging the realization of healthy activities alternatives to the consumption of toxic substances in the time of youth leisure, the bases for the calls for economic aid to Corporations are established Spanish premises complying with the requirements set out in the second paragraph, under competitive competition and in accordance with the principles of advertising, transparency, objectivity, equality and non-discrimination, effectiveness and efficiency in the allocation of public resources.

The subsidised programmes will have to be developed from the grant of the grant to the date of completion of the activities to which each call is issued.

The amount of aid shall be determined on the basis of the cost of the programme covered by the application, the number of applications, the valuation obtained on the basis of the criteria referred to in the sixth paragraph of the Order and the available for these aids. In any event, the financing of the programme may not exceed 80% of the actual cost of the programme.

This aid will be governed by Law 38/2003 of 17 November, General of Grants, as provided for in Law 17/2003 of 29 May of the Fund from assets seized by drug trafficking and other related crimes and in this Order and, by the other rules of administrative law and, failing that, by those of private law.

Second. -Requesters.

The financial assistance provided for in this Order may be requested by local corporations that meet the following requirements:

A) To be provincial or autonomous community capitals or to be a town council or island council.

B) To have an elaborate planning of actions in drug dependency in its territorial scope.

C) That such planning is in line with the forecasts of its corresponding Regional or Autonomous Drugs Plan.

Third. -Presentation of the requests.

1. The time limit for the submission of applications shall be one month from the day following the date of publication of each call in the Official Gazette of the State.

2. The documentation, in triplicate, shall be addressed to the Government Delegation for the National Plan on Drugs and may be presented in the registers or offices provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January, without the registration of the applicant entity being valid for these purposes.

3. If any of the requests do not accompany any document of the required in the fourth paragraph of this Order, or omit any data of those required in the annexes or any of the ends provided for in article 71.1 of Law 30/1992, of Legal Regime The Commission shall, within a maximum period of 10 days, provide the Commission with the necessary deficiencies or omissions, with a view to the fact that, if so, it shall be required to provide the do not do so, shall be deemed to be withdrawn from its request, after a decision to be given in the terms provided for in Article 42 of Law No 30/1992.

Fourth. -Documentation required.

In order to make the application for the financial aid covered by this call, the following documentation shall be provided in triplicate:

A) Instance in accordance with the model that is incorporated as Annex I to this Order. Such an instance must be signed by the representative of the entity or sufficient power to do so, and this document must be documented. In addition, a certified copy of the National Identity Document will be presented.

B) Description of the programme which is the subject of the application, in accordance with the content of Annex II which is incorporated into this Order, and which shall relate exclusively to the actions to be carried out up to the date specified in each (a) notice, taking into account that the paragraphs not completed in Annex II may not be considered for the purpose of their assessment.

C) Certificate of the corresponding Regional or Autonomous Drugs Plan in which the program presented is in line with its performance forecasts.

Fifth. -Programs to finance.

The aid, the grant of which is regulated in this Order, is aimed specifically at developing activities with minors and young people in a situation of vulnerability and may be requested to finance promotion programs. (i) alternative employment opportunities for young people at the end of the week or holiday periods which offer opportunities to participate in leisure, sport, cultural and social activities, and to avoid, reduce or replace the involvement of young people in activities related to drug use.

These programs should include healthy activities and, therefore, free drugs, which must be appropriate to the development, interests and expectations of the recipients and conceived within the global policies of prevention of the municipality. Such programmes should also provide for the planning of an outcome assessment procedure as one of their central objectives.

Given the characteristics of the programs to be financed, each Local Corporation may submit a single program.

Programs must meet the following minimum requirements:

They will primarily target young people between 14 years and 18 years of age or, in the case of at-risk populations, under 30 years of age.

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

The schedules of the activities will be appropriate to the characteristics of the recipients.

They will be included in broader drug prevention plans or programs.

The use of community spaces of sport, cultural or leisure, such as polyways, cultural and youth centers, etc., will be guaranteed.

Contemplate procedures to ensure the safety of users during the development of activities.

They will guarantee the non-availability or promotion of alcohol or other drugs.

The Local Corporation must co-finance the program with at least 20% of the final cost of the program. The costs of fixed municipal, official or work staff, or the usual maintenance of the premises used, shall not be considered costs of the programme.

Sixth. -Valuation criteria.

To assess the programs presented to this call, the following criteria will be taken into account:

a) Technical quality of the programme, assessing the degree of adequacy and coherence between the objectives, recipients, activities, human and material resources, management and evaluation of the "Basic intervention criteria" The Committee on the Prevention of Drugs and Drug Addiction, which was published by the Ministry of the Interior in 1996, published a report on the prevention of drug dependence, which was published in the Inter-regional Commission on 24 October 1996. 1997: up to a maximum of 50 points.

b) Collaboration with youth departments and other organizations involved in alternative leisure and 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 the social impact of the program: up to a maximum of 15 points.

(d) Programmes intended for a population of children at risk, with residence in areas of priority action, drug users, children of drug addicts, minors with legal and criminal problems, minors with a high degree of truancy and/or school failure: up to a maximum of 25 points.

Seventh. -Tramitation and Resolution.

1. The General Management Subdirectorate shall assume the administrative handling of the files.

The valuation of the applications submitted shall be made by the valuation commission composed of:

President: The Assistant Director General for Information, Studies and Coordination of Prevention, Assistance and Reinsertion Programs.

Secretary: An official of the Government Delegation for the National Plan on Drugs.

Vocals: Two technicians from the Government Delegation for the National Plan on Drugs.

The Deputy Director-General for Information, Studies and Coordination of Prevention, Assistance and Reinsertion Programmes as an instructor of the procedure, in the light of the assessment of the projects, will present the proposal of resolution of the call within two months from the termination of the deadline for submission of applications to the Government Delegate for the National Drug Plan, who will raise the draft resolution to the Minister for Health and Consumer Affairs, who shall adopt the appropriate reasoned resolution within 30 days of the submission of the of the motion for a resolution.

Those applications which have not been expressly resolved and notified within this time limit shall be deemed to be rejected, without prejudice to the administration's obligation to issue an express decision in the form provided for in the Article 43.4 of Law 30/1992 of 26 November of Legal Regime and Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

2. The instructor shall carry out all the monitoring and verification activities of the data provided by the applicant entities. In order to facilitate the best assessment, it may require the applicant entities to clarify or extend the projects.

The verification of the existence of unadjusted data, both in the application and in the other documents submitted, may, in the light of its importance, lead to the refusal of the aid. requested, without prejudice to any remaining responsibilities which may arise.

3. The amount of the grants awarded under no circumstances may be such that, in isolation or in competition with grants or aid from other national or international public or private entities, they exceed the cost of the to develop by the Corporation benefiting from the grant. It shall be obliged to inform the Government Delegation for the National Drug Plan of any other grant received for the subsidised programme at the time it occurs.

4. The grants awarded will be published in the notice board of the Government Delegation for the National Drug Plan, also being published extract from the corresponding Resolution in the "Official State Gazette".

5. The Resolution of the convocation shall be notified to each of the requesting entities at the address that each of them points out in Annex I of this Order.

6. Against this Resolution, which puts an end to the administrative procedure, it may be possible to bring the replacement, or the administrative-administrative appeal, in the form and time-limits laid down in Law 30/1992 of 26 November 1992, of the Legal Regime of the General Government and Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

Eighth. -Abono of the economic aid granted.

1. The grant of the grant awarded will be made in a single payment, upon presentation by the Local Corporation of:

(a) Certification of the forecast of expenditure to which the programme will take place, in accordance with the amounts supported for each programme. This forecast of expenditure, which will be broken down by concepts, must be approved by the Government Delegation for the National Drug Plan.

b) Accreditation, in the form set out in Article 13.7 of the General Law of Grants 38/2003 of 17 November (BOE of 18 November), that they are aware of their tax and security obligations Social.

2. The financing of the aforementioned grants will be made with the credit affected for these purposes in the General Budget of the State in the program "National Plan on Drugs", concept 462, increased with funds from the goods seized by drug trafficking and other related crimes, according to Law 17/2003.

The payment shall be in advance and, given the nature of the beneficiary entities, the certificate referred to in point (1) (a) of this provision is constituted as the mechanism of the guarantee referred to in the Article 34 of Law 38/2003 General of Grants.

Ninth. -Realization of subsidized activities.

1. The beneficiary Local Corporation is required to carry out the program subject to the grant, as provided for in Article 14 of the General Grant Law.

2. The Government Delegation for the National Drug Plan will follow up the implementation of the subsidised programmes.

To this effect, the subsidised Corporations shall periodically communicate the degree of compliance of the project, in accordance with the timetable and follow up instructions issued for these purposes by the Government Delegation. for the National Plan on Drugs.

3. The beneficiary corporations shall expressly and in a visible manner in any of the means and materials (brochures, triptyches, web pages, etc.) used for the dissemination of the supported activities, which are carried out with the funding of the Government Delegation for the National Plan on Drugs, using the following model:

Funded by:

(SEE IMAGE, PAGE 33974)

This logo model will always be used, in extensions and reductions, saving the proportions of the model and placing in the preferential place of the support to be broadcast, with the same category as the logo of the Subsidised entity.

4. The beneficiary entity shall be subject to the verification measures to be carried out by the Government Delegation for the National Plan on Drugs and financial control actions corresponding to the General Intervention of the Administration of the State, the beneficiary institution also having to provide information as required by the Court of Auditors, in relation to the aid granted, as provided for in Article 8 of the Rules of Procedure for the Concession of Public Grants.

10th. -Justification of the grant.

1. The beneficiary Corporation shall submit, by the date indicated in each call, a final duplicate report on the development and implementation of the grant programme, detailing the results obtained as a result of the as a result of the implementation of the programme, in relation to each and every point described therein.

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

2. Economic justification. On the same date, the beneficiary Corporation will present to the Government Delegation for the National Drug Plan the invoices of the expenses incurred in the development of the program in the part corresponding to the grant awarded and Certification of the Financial Controller in the Corporation by stating the final financing with which it has counted the subsidized program and the total expenses incurred in its development, and whether or not other grants have been received, public or (i) private, for the programme supported and implemented, where appropriate.

3. Since the subsidy cannot exceed 80% of the cost of the programme, if the expenditure actually incurred is lower than the cost of the programme, the subsidy will be reduced by the corresponding amount until it reaches that percentage, so, if appropriate, reintegrate the difference to the Public Treasury.

11th. -Modification or revocation of the grant.

Any alteration of the conditions taken into account for the grant of the subsidy and, in any event, the obtaining for the same grant or aid programmes granted by other administrations or public or private entities, national or international, which gives rise to an excess of funding, must be communicated to the Government Delegation for the National Plan on Drugs, and may give rise to the modification of the concession, by the amount exceeded, or to the revocation the total amount of the grant decision, if any.

The beneficiary entity will be subject to the regime of infractions and penalties provided for in Title IV of Law 38/2003 of 17 November, General of Grants, failure of the duty of justification will give rise to the initiation of the refund procedure for the total of the subsidy granted with the interest of late payment from the time of payment, as provided for in the current legislation.

12th. -Entry into effect.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 5 October 2004.

SALGADO MENDEZ

ATTACHMENTS: (VIEW IMAGES, pages 33975 TO 33977)