One of the problems with public transport on the road is the high age of the self-employed. Bearing in mind that this problem is partly due to the lack of necessary resources of the people who have developed this activity to be able to leave it, by Order FOM/1426/2002 of 6 June, the regulatory bases for the the granting of aid to promote the cessation of the activity of persons over the age of 60. According to this order, the beneficiaries of the aid are those over 60 years of age engaged in the activity of public transport of goods by road and by bus passengers.

Law 38/2003 of 17 November, General of Grants, has established a new legal system of State aid, making it necessary to adapt the rules of the aforementioned Order.

Accordingly, in accordance with the provisions of the General Grant Law and the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993, and subject to prior report of the State Advocate, I have:

Article 1. Purpose of the grants.

purpose of this Order is to lay down the rules governing the granting of aid to promote the abandonment of the profession of elderly hauliers in the public transport sector by road.

Article 2. Applicable rules.

The subsidies regulated in this order will be governed, as is not foreseen in it, by the general provisions for aid and public subsidies in Law 38/2003 of 17 November, General of Grants and, as soon as possible, does not object to it, in the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993 of 17 December 1993.

Article 3. General requirements of the beneficiaries.

1. Persons in whom one of the following conditions is present shall not be eligible for the status of a beneficiary:

(a) Have been sentenced by a firm sentence to the penalty of loss of the possibility of obtaining grants or public aid.

b) Haber requested the declaration of contest, have been declared insolvent in any proceedings, found in contest, be subject to judicial intervention or have been disabled according to the Law without the end of the period of disqualification set out in the judgment of qualification of the competition.

c) To have given place, for cause of which they have been found guilty, to the firm resolution of any contract concluded with the Administration.

d] To be involved in one of the assumptions of Law 12/1995, of 11 May, of incompatibilities of the members of the Government of the Nation and of the high positions of the General Administration of the State, of Law 53/1984, of 26 of December, of incompatibilities of the staff to the service of the Public Administrations, or to be dealt with any of the elective offices regulated in the Law of the Organic Law 5/1985, of June 19, of the general electoral regime, in the established terms in the same or in the regulations governing these matters.

(e) Not to be current in compliance with the tax or social security obligations imposed by the provisions in force, in accordance with the terms laid down in the orders of the Minister for Economic Affairs and Finance 28 April 1986 and 25 November 1987.

f) Having the tax residence in a country or territory regulated as a tax haven.

g) Not to be found in the payment of payment obligations for reimbursement of subsidies in terms that are determined.

h) Have been sanctioned by firm resolution with the loss of the possibility of obtaining grants as provided for in the General Grant Law or the General Tax Law.

2. Without prejudice to the faculty of the Subdirectorate General for the Management and Analysis of Transports by Road to demand the presentation of other documents and the possibility of crediting it through judicial testimony or administrative document, the justification for not being in breach of the prohibitions laid down in the preceding number shall be made by means of a responsible declaration issued to the administrative or notary authority, except in the case of the prohibition contained in paragraph e); require the submission of administrative certification.

Article 4. Requirements related to carrier activity.

The granting of such aid shall be conditional upon compliance by the beneficiaries, on the date of filing of the application, with the following requirements:

(a) To be self-employed carriers, aged 60 years or more and less than 60 years of age and five, holders, on an uninterrupted basis, during the last ten years of a maximum of two public transport authorisations of goods for vehicles with their own traction capacity, including those of the TD class, national, regional or local, or two authorised copies of the public transport authorisation by bus at national, regional or local level, or of a public transport authorisation of goods of the classes indicated and a copy the authorisation of public transport of passengers by bus is authorised.

During this period the carriers must have been the holders at all times of at least one authorization not suspended from the indicated ones, allowing only one interruption in such ownership for a period that does not exceed one month; in the case of an authorisation for the carriage of goods, it must have been granted before 7 September 1999. In addition, the beneficiaries may have been holders of other public transport authorisations other than those mentioned, but only three authorisations of the classes indicated once and for a period other than the same shall be permitted. exceeds one month.

When a limited-scope public transport authorisation would have been converted into an autonomous authorisation and subsequently, once again on a limited-scope basis, it will be considered as if at all times the same authorisation with the relevant limited scope.

Public transport authorisations for travellers at national, regional or local level relating to a particular vehicle from which the beneficiary was a holder prior to 1 July 1998 shall be counted as copies of the same authorisation.

(b) Being discharged into the system of self-employed Social Security workers for the last ten years in an uninterrupted manner, allowing only one interruption for a period not exceeding one month.

c) Commit to abandon the public transport activity on its own behalf, proceeding to the waiver of all the authorisations of the holder, obliging to return the obtained aids and the corresponding interests in case of rebooting.

Article 5. Applications.

1. Persons wishing to obtain the grants must apply in writing, in accordance with the model set out in Annex I of this order, to the Director-General for Transport by Road of the Ministry of Public Works, which will be be accompanied by the documents listed in Annex II, which demonstrate compliance with the requirements necessary for the granting of the aid requested. The time limit for the submission of applications shall be one month from the day following that of the publication of the call in the Official Gazette of the State.

Applications may be filed directly in the General Register of the Ministry of Public Works (Paseo de la Castellana, 67; 28071 Madrid) or through any of the forms provided for in the legislation of the procedure administrative.

2. In addition to the documents expressly set out in the Annexes to this Order, the petitioners of the grants may accompany their application with any other consideration that they may serve to justify this.

3. Upon receipt of the request with the relevant documentation, the General Subdirectorate for Road Transport Management and Analysis may require the person concerned to, within ten days, unless expressly granted another major, remedy the deficiencies found or provide the documentation and information deemed necessary for the proper resolution of the request, indicating that, if it does not do so, the request shall be withdrawn from it.

Article 6. Call and procedure.

The procedure for granting grants will be initiated by means of a call approved by the Director General for Road Transport, by delegation of the Minister for Development, to be published in the Official Journal of the European Union. State. ' The call may specify the way in which compliance with the requirements laid down in this order can be established and rules for weighting the assessment criteria.

The procedure will be dealt with in competitive competition and the management and instruction will be carried out by the Subdirectorate General of Management and Analysis of the Road Transport. The assessment of applications shall be carried out by a valuation committee composed of three vowels appointed by the Deputy Director-General for the Management and Analysis of Transport by Road between the staff dependent on that Subdirectorate. General with head of service level or higher.

Article 7. Assessment criteria.

1. The following assessment criteria shall be used for the granting of such aid:

The age of the carriers that request them.

The largest scope of the authorizations.

In the transport of goods the class of authorizations, giving preference to those referred to heavy vehicles.

2. The weighting of those criteria shall be carried out as follows:

A list of potential beneficiaries will be drawn up in descending order of age; holders of a national-wide vehicle or bus authorisation will be counted one year older for these purposes; holders of an authorisation for a heavy vehicle with a regional level, one semester and, finally, the holders of authorisation for a local heavy vehicle shall occupy a place prior to those of the same age as holders of authorisation. for light vehicle.

The authorisations granted after 7 September 1999 will not be taken into account. The aid will be granted to those in the first place in the list of beneficiaries thus drawn up.

Article 8. Amounts.

The aid will be granted in accordance with the budgetary appropriations available for each financial year. The amounts for each beneficiary shall be as follows:

To give up the authorizations to be a holder: for each authorization for heavy goods vehicles of national scope, 15,500 euros, if these authorizations are of a regional scope, 12,500 euros for each EUR 6 000 if the scope is local; if the authorisation is for a light vehicle EUR 6,000; if the authorisation is for public transport of passengers by bus at national level, EUR 15,500 for each authorised copy. In no case shall aid be granted for more than two authorisations for the carriage of goods and/or authorised copies of the authorisation for the carriage of passengers. No amount shall be granted for authorisations which are not in force on the date of submission of the application or for the public transport of goods obtained after 7 September 1999.

In all cases, 4,900 euros for every six months complete that the carrier is missing to meet the age of sixty-five years.

The calculation of complete semesters will be made as of 1 June of the year for which the aid is requested.

No aid may be granted if on 1 June of the year in which less than six months are requested to be less than sixty-five years.

Article 9. Grant.

The aid will be granted by way of a resolution of the Director General of Transport by Road, adopted by delegation of the Minister of Public Works. The decision shall be reasoned, with reference to the assessment criteria which have been followed and to its weighting, shall contain the list of beneficiaries who have obtained the grant and the amount corresponding to each one and shall indicate, in a manner express, that the rest of the applications have been rejected. It will be published in the "Official State Gazette".

Without prejudice to the foregoing, which will involve the termination of the procedure, the General Subdirectorate for Road Transport Management and Analysis will individually require those who have been granted beneficiaries to provide the necessary documentation for the payment of the grant.

The deadline for resolving and publishing the resolution will be six months from the date of publication of the call, after this deadline has been published without the resolution being published, the interested parties will be able to understand their application.

The decision of the Director-General for Road Transport will put an end to the administrative route and against it the interested parties will be able to bring a replacement or, directly, administrative dispute.

Article 10. Requirements for payment.

Granted the aid, in order to recover it, the abandonment of the activity must be credited with the following requirements:

(a) The beneficiary shall waive the authorization or authorizations that gave rise to the granting of the aid and to all those of public transport that it was the holder, crediting its discharge for the waiver of the exercise of the activity.

(b) It shall be formally committed to permanently abandon the exercise of the transport activity as an employer, as well as, where appropriate, not to provide its professional training to another transport undertaking.

c) If you are a valid driving licence holder for a heavy vehicle and/or bus, you must resign from the corresponding Traffic Head.

The beneficiaries shall provide the documentation referred to in Annex III of this order before 1 September of the year in question, unless a different time limit has been set in the decision to grant them. Failure to provide such documentation within the prescribed period shall have no effect on the decision to grant.

Article 11. Checks and obligations of beneficiaries.

Before the payment of the grants will be verified that in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of the Transport has been recorded the discharge of the authorization or authorizations and has been made, where appropriate, the relevant annotation in relation to the professional training of the beneficiary, in order to prevent it from being provided to another transport undertaking.

The beneficiaries of the grants will be obliged to provide, at all times, how much information is required by the Court of Auditors and by the Directorate-General for Road Transport, for the purposes of monitoring the grants awarded.

Article 12. Compatibility of the aid.

The aid covered by this Order shall be compatible with any other aid granted by other departments, public or private authorities, national or international.

Article 13. Default.

Without prejudice to the following subparagraph, the total of the amounts received and the interest for late payment from the time of payment of the subsidy shall be recovered in the cases where the beneficiary obtain without meeting the conditions required for the grant or payment or breach the purpose for which it was granted or the conditions imposed by reason of the concession.

The amounts to be reintegrated will have the consideration of income from public law.

Failure to comply with the obligation to give up driving licences for heavy goods vehicles or buses or their subsequent acquisition by giving up the licence to obtain such aid shall give rise to the reimbursement of the quantities obtained in the semesters of the haulier who are missing for the age of sixty-five years.

Additional disposition first. Delegation of powers.

The competition is delegated to the Director-General for Road Transport to carry out the call for and grant of the aid regulated in this order, as well as to resolve the reimbursement procedures.

Additional provision second. Single-person passenger transport companies.

They may be beneficiaries of the aid provided for in this order by carriers of passengers by bus which, together with the other requirements laid down in this order, would have been constituted between 1 January 1997 and 1 January 1997. July 1998, a single-member commercial company which was the holder of the public transport authorisation of passengers by bus, the beneficiary being the sole partner. These circumstances must be documented and, where possible, by certification of the trade register.

Repeal provision.

Order FOM/1426/2002, dated 6 June, is hereby repealed and the regulatory bases for granting aid to self-employed carriers who leave the activity are approved.

Final disposition first. Application.

The Director General of Road Transport is empowered to take the necessary measures for the implementation of this order.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 30 July 2004.

ALVAREZ ARZA

ANNEX I

Request Model

Don ..................................................................................................................., national identity document number ......................................................, with registered office ..................................................................................................., street ........................................................................................................................, postal code ..........................................., telephone ............................................

Exposes: That in view of the order of ..... of 2004 of the Minister of Development for which the regulatory bases of the granting of aid to autonomous road hauliers that leave the activity are approved, considering that meets the required requirements, as shown in the documents attached, and with the express acceptance of all the terms of the said call.

Requests: The granting of the corresponding grant for abandonment of the activity of carrier waiving all public transport authorizations that it is incumbent.

(Place, date and signature of the applicant.)

Ilmo. Mr Director-General for Road Transport.

ANNEX II

Along with the request the petitioner must provide the following documentation:

1. Copy of DNI and NIF (certified).

2. Certification issued by the corresponding Tax Agency, accredited to be aware of the tax obligations or authorization to the Directorate General of Land Transports to obtain it.

3. Certification issued by the Social Security Territorial Treasury, accredited to be current in the payment of the quotas.

4. Certification issued by the competent authority of the relevant Autonomous Community of the Autonomous Community of having been a holder for the last 10 years, without interruption, of the authorisation or authorisations referred to in Article 4 (a).

5. Photocopy photocopy of the driving licence or responsible statement indicating that he is not the holder of the driving licence.

6. Certificate or work life report stating that you have been on the high in the Autonomous Social Security Workers ' regime for the last ten years.

7. Photocopy of the authorization or transport authorizations in force in respect of which the aid is requested.

8. In the case provided for in the Additional Disposition of the Commercial Registry and the documentation necessary to prove that the beneficiary is the only partner and the other required requirements.

9. Responsible declaration, issued before the administrative or notary authority, of not being in any of the prohibitions referred to in Article 3 (1). What is credited by judicial testimony or administrative document shall not be included in the declaration.

ANNEX III

Documentation to contribute once the grant has been granted, so that the payment can be made:

1. Responsible declaration committing to the definitive abandonment of the activity of public transport as an entrepreneur.

2. If applicable, a responsible statement committing not to use the title of professional training in another transport company.

3. Certificate of absence of the authorization or authorizations issued by the corresponding Autonomous Community, in which the renunciation of the future exercise of the activity is specified as a reason for the discharge.

4. In case of holder of the corresponding driving licence, proof of the final waiver of the valid driving licence for heavy goods vehicles and/or buses or photocopies of the new licence driving.