Council Regulation (EC) No 3/2008 of 17 December 2007 on information and promotion measures for agricultural products on the internal market and in third countries provides for full or partial financing from the Community budget for information and promotion measures for agricultural products and their mode of production, as well as for foodstuffs on the basis of agricultural products, carried out on the internal market or in third countries.

In turn, Commission Regulation (EC) No 501/2008 of 5 June 2008 lays down detailed rules for the implementation of Council Regulation (EC) No 3/2008 on information and promotion measures for agricultural products on the internal market and on the markets of third countries, in particular as regards the preparation, selection, implementation, financing and control of the programmes referred to in Article 6 of that Regulation.

Both Regulations establish a system of tripartite co-financing of information and promotion programmes, with financial participation from the European Union, the Member State and the organisation or professional organisations Proposing interprofessionals.

The European Union finances certain programmes whose main objective is to promote the consumption of various agricultural products in the internal market and to promote the image of Community products on the market. (i) international, in particular with regard to the quality and safety of foodstuffs.

These aids are intended for professional and inter-professional organizations representative of the agri-food sector at national level, giving priority to those that are considered priority associative entities, in accordance with the provisions of Law 13/2013 of 2 August on the promotion of the integration of cooperatives and other agri-food associations.

The centralized management of this grant is essential for the subvencional nature itself, aimed at organizations of higher scope than an autonomous community, in order to ensure the full effectiveness of the measures within the basic management of the Sector and to guarantee the same possibilities of obtaining and enjoyment by its potential recipients throughout the national territory, in accordance with the doctrine of the Constitutional Court. Its management corresponds to the Ministry of Agriculture, Food and Environment, in particular, to the Directorate General of the Food Industry, in accordance with the provisions of Article 11 of Royal Decree 401/2012 of 17 February, for which it is develops the basic organic structure of the Ministry of Agriculture, Food and the Environment and the Spanish Agricultural Guarantee Fund (FEGA) which, in a coordinated manner, will be responsible for the management and coordination of the information and promotion.

Article 8 of Commission Regulation (EC) No 501/2008 provides that the Member State concerned shall publish two calls for programme proposals each year. The professional or inter-branch organisations of the European Union representing the sectors concerned shall submit their programmes to the Member State each year. On the basis of the European Union legislation, only two new calls are foreseen, before 30 September 2014 (the "first round of the submission of programmes") and 28 February 2015 ("second round of presentation of the programme"). programs ").

In accordance with the provisions of Article 6 of Law 38/2003 of 17 November, general grants, these shall be governed by the provisions of the European Union rules referred to above and supplanted by the provisions of the referred to as Law 38/2003.

In its virtue, I have:

Article 1. Object.

The purpose of this order is to establish the regulatory basis for competitive competition, grants for the implementation of the information and promotion programmes for agricultural products on the internal market, and third countries provided for in Council Regulation (EC) No 3/2008 of 17 December 2007 on information and promotion measures for agricultural products on the internal market and in third countries and in Regulation (EC) No 501/2008 of the European Parliament and of the Council Commission of the European Parliament of 5 June 2008 laying down detailed rules for the implementation of the Regulation (EC) No 3/2008.

Article 2. Definitions.

For the purposes of this order:

1. Programme: a set of coherent actions, the scope of which is sufficient to contribute to increasing the information on the product to be promoted, as well as its marketing.

2. Proposing organisation: the organisation or professional or inter-professional organisations representing the sector or sectors concerned in one or more Member States which has submitted a promotion programme.

3. Implementing body: the body responsible for implementing the proposed programme to be selected by an open and public procedure by the proposing organisation.

4. Contracting organisation: the selected proposing organisation once the contract has been concluded with the competent national authorities.

Article 3. Compatibility with other aids.

State aid in this order will be incompatible with other national or international aid for the same purpose.

The information and promotion activities supported under Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing the common organisation of the markets in agricultural products and in the Regulation (EC) No 1305/2013 of the European Parliament and of the Council on support for rural development through the European Agricultural Fund for Rural Development will not be eligible for this aid.

Article 4. Requirements of the beneficiaries.

They may be eligible for the help:

1. Professional and interprofessional organisations representing the agri-food sector in Spain, which carry out information and promotion programmes in the internal market and third countries, as indicated in Article 6 of the Regulation (EC) No 3/2008 of the Council. In the event that a programme is presented jointly by a number of organisations, they shall provide an agreement to establish the distribution of responsibilities between them.

2. The entities in which the circumstances referred to in Article 13.2 and 3 of Law 38/2003, of 17 November, General of Grants, are not eligible for aid shall not be eligible for aid.

3. For the implementation of the programme, the proposing organisation may select one or more implementing bodies. It may also implement certain parts of a programme subject to the conditions of Article 13.1 of Commission Regulation (EC) No 501/2008.

4. The selection of the implementing bodies or bodies shall be carried out by means of an open procedure for competition, as provided for in Article 8.3 of Commission Regulation (EC) No 501/2008 of 5 June 2008. This procedure shall be accredited by the documentation requested in paragraph 3 of Annex II to this order. These bodies shall be selected, in any case, prior to the presentation of the programme and shall be independent of the proposing organisations.

Article 5. Eligible actions and duration of the programmes.

1. Actions may be supported, in the framework of a programme, as follows:

(a) public relations, promotion and advertising activities which are intended, in particular, to highlight the intrinsic characteristics and the advantages of Community products in terms of quality, safety and health, food, specific production methods, nutritional and health aspects, labelling, animal welfare and respect for the environment;

(b) information campaigns, in particular on Community schemes applicable to protected designations of origin (PDO), protected geographical indications (PGI), traditional specialities guaranteed (TSG) and organic production, as well as other Community schemes relating to quality standards and the labelling of agricultural products and foodstuffs, and the graphic symbols laid down in the applicable Community legislation;

(c) information campaigns on the Community arrangements for wines with a protected designation of origin or a protected geographical indication, wines with an indication of the variety of wine grapes and spirit drinks with protected geographical indication;

d) studies evaluating the results obtained with the information and promotion actions.

2. In the internal market, the above measures may include information campaigns on the responsible consumption of alcohol and the problems associated with its hazardous consumption.

In the internal market the eligible actions may also consist of participation in exhibitions, fairs and exhibitions of national or European importance, by assembling posts which are intended to enhance the image of Community products.

3. In third countries, the above actions may also take the following form:

(a) actions of information on the Community regime applicable to table wines;

(b) participation in international exhibitions, fairs and exhibitions, in particular by means of posts to enhance the image of Community products;

c) studies of new markets, necessary for the search for new commercial outlets;

d) high-level commercial missions.

4. Information and promotion messages shall be based on the intrinsic qualities of the product concerned or its characteristics. Any reference to the origin of the products shall be secondary to the main message transmitted by the marketing year, with the exception laid down in Article 4.2 of Commission Regulation (EC) No 501/2008 of 5 June 2008. 2008.

The differences between the internal market-oriented programmes and those geared towards third countries should be taken into account in accordance with Articles 4 and 5 of Commission Regulation (EC) No 501/2008. of 5 June 2008.

5. The programme shall have a minimum duration of one year and a maximum of three, in accordance with Article 3 of Commission Regulation (EC) No 501/2008.

Article 6. Eligible products and countries.

The list of products which may be the subject of the actions to be carried out on the internal market is set out in Part A of Annex I to Commission Regulation (EC) No 501/2008, while the products covered by the Actions in third countries are listed in Part A of Annex II to that Regulation. The list of third-country markets in which those shares may be carried out is listed in Part B of Annex II to that list.

Article 7. Eligible expenditure.

1. Eligible expenditure shall be those included in Annex I to this provision, in accordance with Annex III to the model of contract referred to in Article 16.2 of Commission Regulation (EC) No 501/2008 (available in http://ec.europa.eu/agriculture/promotion/contract/contract_es.pdf).

2. The following expenditure shall not be eligible, in accordance with the same model of contract:

(a) provisions for possible losses or future debts.

b) transportation costs by taxi or public transportation, covered by daily diets.

(c) bank charges, bank interest or insurance policy premiums, with the exception of expenditure relating to the security of good execution referred to in point A. 2 of Annex I.

d) foreign exchange losses.

e) expenses incurred outside the scope of this contract.

f) VAT.

Article 8. Program requirements.

The content of the form describing the action program must meet the following requirements:

a) To drill down on the objectives pursued with the proposal made.

b) Specify the reasons why the proposal is presented.

c) Indicate the Community themes and products on which promotional and/or information actions are to be carried out. Preference will be given to those proposals that relate to a set of products from several countries.

d) Describe in detail the activities, actions, places where they are performed, people involved, all as a coherent set.

e) Creativity of the campaign, where the motivating argument of the campaign is clearly specified, the elements of communication being proposed, as well as other issues that may be considered appropriate, (logo, generic slogan support, freshness of the subject matter).

f) Using positive messages across all communication and outreach materials to the consumer, using correct language taking into account who is targeted.

g) Nonperforming comparative messages.

(h) If the country or region of origin of the product is mentioned, that reference must be secondary to the main message, which shall inform the product characteristics and qualities.

i) Justification of the proposed plan, based on the objectives considered to be priorities.

j) Inclusion of the total budget, with a breakdown of the costs, detailing as much as possible by items or actions to be performed, unit cost, in accordance with Annex IV of this order. The proposed prices must be presented without VAT.

k) No use of messages associated with the sale of products by correspondence or by radio or television (teleshopping).

l) The indication of the entity/is that it will eventually intervene in the execution, and description of the works to be developed by each one of them.

m) If the program contains strategy in advertising media, you should describe:

1. Objectives.

2. The target audience (target) to which the media strategy is targeted.

3. º Media, media, and formats in which the program is developed, including a detailed timeline.

4. Evaluation of the effectiveness of the campaign by means in terms of GRP's, percentage of coverage and OTS.

5. Table Summary that reflects the number of inserts, issue rate, RP cost, percentage of discount, VAT, and total rate.

6. Commission of the Agency.

Article 9. Applications, deadline for submission and documentation.

1. Applications shall be addressed to the President of the Spanish Agricultural Guarantee Fund, in accordance with the model of instance accompanying the call and shall be submitted in accordance with Article 8 of Regulation (EC) No 501/2008. Commission, accompanied by the "form for the presentation of EU-co-financed promotion programmes" set up by the European Commission (available at http://ec.europa.eu/agriculture/prom/forms/appliform_es.doc), by one of the following procedures:

(a) In the General Register of the FEGA or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in paper and on CD or other electronic media.

b) Through the electronic headquarters in the food section: https://sede.magrama.gob.es.

2. The time limit for the submission of applications shall be that laid down in the relevant notice, which may not exceed one month from the date of publication of the application, in accordance with the deadlines of 30 September 2014 (" first ") and 28 February 2015 (" second round of presentation of programmes ").

The application shall, in any event, be joined by a statement responsible for failing to be in any of the cases referred to in Article 13 (2) and (3) of Law 38/2003 of 17 November and to be aware of the tax and tax obligations. with social security, according to Annex III and the rest of the documentation listed in Annex II to this order.

Article 10. Instruction.

The management and instruction of the procedure will be carried out by the General Secretariat for Food Promotion of the Food Industry Directorate-General of the Ministry of Agriculture, Food and Environment, which (a) it shall carry out, on its own initiative, any action it considers necessary for the improvement of the programmes before it is presented to the Commission. To this end, the FEGA shall forward the received applications to the General Food Promotion Subdirectorate.

Article 11. Valuation fee.

1. For the assessment of the applications submitted, a valuation committee shall be set up consisting of:

(a) President: The head of the Food Promotion General Subdirectorate.

b) Vocals: Three officials attached to the General Food Promotion Subdirectorate, appointed by the Director General of the Food Industry and three officials appointed by the President of the FEGA.

(c) Secretary: An official appointed by the Director General of the Food Industry, with voice and vote.

2. The Commission of Valuation may request the presentation and the oral defence of the same, in order to facilitate the evaluation of the proposal presented.

3. The functioning of the Commission shall be in accordance with the arrangements laid down for the bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992.

4. The constitution and operation of this Commission will not entail any additional expenditure.

Article 12. Assessment criteria.

1. The procedure for granting such aid shall be dealt with in accordance with Articles 8 to 13 of Commission Regulation (EC) No 501/2008 of 5 June 2008.

2. The assessment of applications shall be carried out taking into account the following criteria:

a) General interest of the program:

1. The importance of the programme for the market situation or the needs of the sector, up to 20 points, 15 points in general and 5 points with additional character for the priority associative entities.

2. Program Importance for target groups, up to 10 points.

b) Quality and effectiveness of the program:

1. º Coherence between goals, messages, actions, and feeds, up to 10 points.

2. Scope and coverage of the programme's actions in terms of duration (multiannual programme) and target groups (European/national/regional, number of contacts planned), up to 10 points.

3. Quality of messages (creativity, stopping power), up to 10 points

4. Method to measure the impact, up to 5 points.

5. Quality of presentation, up to 5 points.

c) Community dimension:

1. Number of Member States involved as target operators or markets, programme interest for Community policies, up to 10 points.

d) Rentability of the program:

1. Evaluation in terms of recipient cost/group, anticipated cost/contact, cost/quantity or value of the corresponding production or other suitable indicators, up to 20 points.

3. The score to get will be up to a maximum of 100 points. Programmes exceeding a score of more than 50 points shall be included in an interim list, up to the limit of the budget allocation and at least half of the maximum score in each of the paragraphs.

In case of a tie in the overall total between two or more entities, the one with the highest score in the valuation of paragraph 2.b shall prevail.

Article 13. Resolution.

1. The assessment committee referred to in Article 12, in accordance with the criteria referred to in Article 13, shall specify the assessment of the applications in a report and draw up a provisional list of the pre-selected programmes which, forward to the instructor body for submission to the European Commission for evaluation.

The instructor shall notify the applicants of the result of the prior selection and give a period of 10 days to submit claims.

2. In accordance with Article 11 of Commission Regulation (EC) No 501/2008, the Commission shall inform the Member States by 31 January 2015 at the latest (the "first round of submission of the programmes") and 15 July 2015 ("second stage"). (a) if the programmes submitted are not in full or partial compliance with the programmes submitted.

3. The Directorate-General for Food Industry shall forward the revised programmes, where appropriate, within 30 calendar days of the communication, "first round of presentation of the programmes" and 55 days after "second round of presentation". of the programs ".

4. The European Commission shall make a decision by 30 April 2015 at the latest, first round of the submission of programmes and on 30 November 2015, in the case of the second, in which it shall identify the programmes which may be the subject of funding. Community and its size.

5. Upon receipt of the notification of the decision of the European Commission, the President of the FEGA shall decide on the decision to grant the aid, in which the amount of Community and national funding corresponding to the programmes shall be determined. approved.

6. The decision shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992.

Against the decision to grant aid, an appeal may be brought before the holder of the Ministry of Agriculture, Food and the Environment.

Article 14. Signing of the contract and warranty.

1. The signing of the contract between the proposing organisation and the Ministry of Agriculture, Food and Environment, acting on behalf of the Commission, shall be concluded within 90 calendar days of the notification of the decision of the European Commission as set out in Article 16 of Commission Regulation (EC) No 501/2008.

2. Prior to the signature of the contract the proposing organisation shall:

a) Formalize the contract/s with the execution organism/s.

(b) In the case of two or more proposing organisations, to sign a private agreement to determine the distribution of responsibilities and to appoint the interlocutor to the competent national authorities.

(c) Submit a guarantee in favour of the FEGA, in accordance with the conditions laid down in Implementing Regulation (EU) No 282/2012, equal to 15% of the annual maximum amount financed by the Community and by the Member States interested members, in order to ensure the correct execution of the contract.

The main requirement under Article 19 of Implementing Regulation (EU) No 282/2012 shall be the implementation of the measures provided for in the contract.

The guarantee of good execution shall be valid until the payment of the balance and shall be released when the competent authority agrees to cancel it.

3. The organisation or the proposing organisations shall be responsible for the proper implementation and management of the selected programme.

Article 15. Obligations of the beneficiaries.

1. The beneficiaries will be subject to compliance with the obligations referred to in Article 14.1 of Law 38/2003 of 17 November, and to register the grant they receive in the accounting books referred to in the Article 17.3.h) of that Law.

2. They will comply with the clauses set out in the contract.

3. The contracting organisations, prior to the implementation of the promotion actions, shall provide the Directorate-General of the Food Industry with samples of the information and promotion material drawn up or to be used in the the framework of the programmes and actions supported. The Food Industry Directorate-General shall give its approval to the material, subject to verification of its compliance with Community rules, and shall make the approved material available to the Commission and the FEGA.

4. The contracting organisations shall submit to the Food Industry Directorate-General, 30 days before the beginning of each quarter of the programme, the provisional schedule of the activities planned for each quarter. Where there are changes in relation to that provisional schedule, it shall present, at least 15 working days in advance, an indication of the dates or periods for the activities envisaged in the programme. The Food Industry Directorate-General shall forward a copy of those documents to the Commission and to the FEGA for the purpose of carrying out the appropriate technical checks.

Article 16. Modifications.

1. Amendments to the terms of the contract shall be made by written agreement between the contracting parties, following a reasoned request from one of them. These amendments shall take the form of addendum signed by the contracting parties.

Except exceptional circumstances, the contract may not be modified during the three months preceding the end of the contract.

2. The promotion actions shall be carried out in accordance with the programme approved by the Commission, as set out in the contract. Any change in actions which do not affect the contract, proposed by the contracting organisations and approved by the Directorate-General for Industry and Food Markets, shall be communicated to the Commission and the FEGA, in order to be taken into account by the in the execution of the controls.

3. Each share shall be reflected in the budget as an activity and may be broken down into sub-activities as reflected in the budget model in Annex IV. When changes to the distribution of expenditure occur, within a limit of 10% between sub-activities, only the Directorate-General of the Food Industry will be required to communicate. Such modification shall be automatically accepted, provided that the maximum amounts of the national and Community financial contribution provided for in the contract are not exceeded.

If, on the other hand, variations are greater than 10 percent between sub-activities, or for budget movements between different activities, these modifications should be considered by means of the contract original.

Article 17. Financing and the amount of aid.

1. The Community's financial contribution to the programmes selected may not exceed 50% of the actual cost of such programmes. Financial participation in information and promotion programmes of two or three years ' duration shall not exceed that ceiling in each year of implementation.

The percentage referred to in the first subparagraph shall be raised to 60% in the case of the promotion of fruit and vegetables intended solely for children in educational establishments and in the case of information measures carried out in the Community on the responsible consumption of alcohol and the problems associated with its hazardous consumption.

2. The organisations shall finance at least 20% of the actual cost of the programmes they propose, the remainder of the financing shall be borne by the Member States concerned, if appropriate, taking into account the financial contribution of the Community.

The respective percentages of the Member States and the organisations proposing the programmes shall be determined at the time of the submission of the programme to the Commission, taking into account the following criteria:

a) Budget availability.

b) The national and community interest of the programs.

c) Their compatibility, coherence and complementarity with the promotion measures that are being developed at national or community level.

d) That the beneficiaries be priority associative entities in accordance with Law 13/2013 of 2 August, to promote and integrate cooperatives and other associations of agricultural and food nature.

3. The amount of Community aid for each programme under the EAGF budget shall be known at the time of notification of the Community Decision approving the programme in question.

4. The financing and payment of the national aid shall be made from the budget of the Spanish Agricultural Guarantee Fund, which shall be fixed in the invitation to tender, and shall not exceed the limit laid down therein and subject to the conditions laid down in this Regulation. existing budgetary resources.

Article 18. Advance payment.

1. Within 30 calendar days following the signing of the contract, or within 30 days of the beginning of each annuity, in the case of multiannual programmes, the contracting organization may submit to the Spanish Agricultural Guarantee Fund. (FEGA) an application for an advance accompanied by the security referred to in paragraph 2 of this Article. After this deadline, the advance may no longer be requested.

The advance shall cover a maximum of 30% of the amount of the annual Community and national contribution.

The advance will be paid within 30 calendar days following the filing of the application.

2. The payment of the advance shall be subject to the establishment by the contracting organisation of a guarantee in favour of the FEGA of an amount equal to 110% of that advance, in accordance with the conditions laid down in Chapter III of the Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012. This security shall be released where the definitive right to receive the advance payment has been recognised.

Article 19. Payment and form of justification.

1. In addition to the advance referred to in Article 18, four quarterly interim payments and a balance payment may be requested during the annuity of the programme. Interim payments and the payment of the advance shall not exceed 80% of the total annual financial contribution of the European Community and the national Community. Once that percentage is reached, no new interim payment requests can be submitted.

2. The contracting organisations shall submit to the FEGA interim payment applications before the end of the month following the month in which each three-month period calculated from the date of signature of the contract expires.

These applications shall relate to the payments made during the quarterly period in question and shall be accompanied by a summary financial statement, copies of the invoices and supporting documents relating to payment and a interim report on the performance of the contract for the quarterly period in question. Where no payment has been made or no activity took place during the quarterly period in question, these documents shall be sent within the time limit laid down in the first subparagraph.

3. The contracting organisation shall submit to the FEGA the application for payment of the balance within four months of the date of completion of the annual actions provided for in the contract.

To be considered admissible, the application shall be accompanied by an annual report consisting of:

(a) a summary statement of the outputs and an assessment of the results obtained that can be verified at the date of the report;

b) a recapitulative financial statement where the planned and incurred expenses are recorded.

The annual report shall be accompanied by copies of the invoices and supporting documents relating to the payments made.

The balance shall be reduced according to the seriousness of the failure to comply with the main requirement referred to in Article 15 of this order.

4. Except in cases of force majeure, the delay in the submission of any application for payment accompanied by the required documents shall result in a reduction in the payment of 3% for each full month of delay, in accordance with Articles 18 and 18. 19 of Commission Regulation (EC) No 501/2008.

The payments will be subject to the verification of the documents mentioned.

5. All payments must be made through a single bank account dedicated exclusively for this purpose. The bank statement of the account for the requested period must accompany the payment request.

6. In addition, in the light of the technical justification of the actions, the beneficiary may be asked to provide the means of proof to demonstrate the performance of the promotional actions.

7. Payments shall be made by the FEGA within 60 calendar days of receipt of the payment request.

However, at any time in the 60-day period following the first registration of the payment application, this period may be interrupted by notification of the FEGA to the contracting organisation that is The application is not admissible because it has been proven, either that the claim is not due, or that the supporting documents required for all the additional requests are missing, or because additional information is deemed necessary or necessary verification.

The time limit shall be resumed from the date of receipt of the information requested or the date of the checks, which shall be sent or made, respectively, within 30 calendar days of the date of receipt of the information requested. notification.

8. The justification for the aid shall be made in accordance with the provisions of Article 30 of Law 38/2003 of 17 November.

Article 20. Monitoring and controls.

1. The Food Industry Directorate-General shall convene each year and chair the monitoring group to be established to monitor the proper functioning of the programmes, as provided for in Article 12 of Regulation (EC) No 4159/2009. 3/2008, by the Council.

2. The FEGA shall establish the precise control mechanisms to ensure compliance with the purpose for which the aid is granted.

3. Upon completion of the annuity, the FEGA shall forward to the Commission and to the Food Industry Directorate-General the annual report submitted by the contracting organisations and a financial statement of the expenditure incurred in connection with the contract, accompanied by a reasoned opinion on the implementation of the actions envisaged.

Article 21. Successive annuities of the programmes.

1. In the case of contracts of more than one annuity, the contracting organizations shall be authorized only to continue the performance of the contract, at the end of each 12-month annuity, after written authorization from the FEGA.

For this purpose, prior to the start of each new annuity, you will apply for the said authorisation, which will be subject to the availability of the credits required in the budget of the European Union and the FEGA.

2. The FEGA, after a report by the Directorate-General for Food Industry, and approval by the Commission, shall issue the relevant authorisation to start and communicate it to the contracting organisation and the Directorate-General for Industry. Food.

Article 22. Drawback and graduation of non-compliance.

1. According to Article 26 of Commission Regulation (EC) No 501/2008 of 5 June 2008, in the event of undue payment, the beneficiary shall repay the amounts in question, plus an interest to be calculated on the basis of the deadline. between the time of payment and the time of reimbursement by the beneficiary.

The applicable interest rate shall be fixed in accordance with Article 86 (2) (b) of Regulation (EC, Euratom) No 2342/2002.

2. The amounts recovered and the interest shall be paid to the paying agencies or agencies of the Member States and deducted from the expenditure financed by the EAGF in proportion to the Community financial contribution.

3. Where all the actions envisaged are not implemented in a programme, their level of non-compliance shall be assessed, the amount of the subsidy being proportional to the amount of the actions taken.

Article 23. Return at the initiative of the recipient.

The beneficiary may make the voluntary return of the amounts received without prior request from the Administration, in accordance with Article 90 of the General Grant Law Regulation, approved by Royal Decree 887/2006 of 21 July. The refund will be made in accordance with the procedure for the collection of non-tax revenues regulated by Order PRE/3662/2003 of 29 December, which regulates a new procedure for the collection of non-tax revenues. raised by the Economic and Finance Delegations and cash income at the branches of the General Deposit Box and its branches, through the model 069 to be issued by the FEGA.

Article 24. Penalties.

1. In accordance with Article 27 of Commission Regulation (EC) No 501/2008 of 5 June 2008, in the event of fraud or serious negligence, the proposing organisation shall reimburse twice the difference between the amount initially paid and the amount amount actually due.

2. Subject to Article 6 of Council Regulation (EC) No 2988/95, the reductions provided for in this Regulation shall apply without prejudice to any additional sanctions which may be imposed under other provisions of the Community or national laws

Single additional disposition. Applicable rules

In all cases not provided for in this order, Regulation (EC) No 3/2008 of the Council of 17 December 2007 and Regulation (EC) No 501/2008 of the Commission of 5 June 2008 and Law 38/2003 of 17 November 2008 shall apply. General of Grants.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.13ª of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition second. Entry into force.

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

Madrid, August 28, 2014. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.

ANNEX I

Eligible expenses: specifications

The costs relating to the activities carried out by the contractor and the implementing agency after the date of entry into force of the contract and before the expiry of the contract shall be eligible. However, the evaluations provided for in point C. 5 of this Annex may be completed up to four months after the expiry of each of the phases of the contract and shall be submitted together with the payment claims for the balance.

Those expenses may include, in whole or in part, those of the following categories:

A. Contractor expenses (general expenses and financial expenses)

1. General expenses based on a flat-rate calculation shall not exceed the following percentages of the total direct costs of the execution of the activities:

A. On the internal market:

3 percent in the case of programs proposed by a single Member State, and

5%, in the case of programmes proposed by several Member States.

B. In third countries:

4 percent, in the case of programs proposed by a single Member State, and

6%, in the case of programmes proposed by several Member States.

However, the actual costs of carrying out the activities directly implemented by the contractor will not be included in the calculation of the overhead costs.

2. Expenditure relating to the guarantee of good implementation referred to in Article 16 (3) of Regulation (EC) No 501/2008 shall be eligible.

3. General expenses shall be accepted only in so far as the actual total cost of the shares constituting the basis of the flat-rate calculation can be checked; the total cost of the shares does not include expenditure already charged to the present contract in another expenses category, and is not funded by another project.

4. The unused part of the general costs of the contractor referred to in point 1 above may be used to increase the costs of the assessments provided for in point C. 5.

B. Expenditure of the implementing body

1. Fees:

The fees will cover all personnel, design, execution and management expenses of the activities to be performed. Travel and subsistence expenses shall be subject to the rules referred to in point 2

All fees must be presented in the proposal in one of the following two ways:

1.1 Fees billed on the basis of the job actually executed:

These fees will be billed on the basis of the hourly (and non-daily) cost, per activity, per month, per category of staff and per person. The duration of the benefit, the unit cost and the total cost shall be indicated.

However, additional information such as the place of supply, the number of hours per day and the purpose of the benefit in relation to the activity must be included in the time sheets drawn up by the staff. provided in the contract.

The project manager or any other person in charge of the staff will certify them at least once a month. The contraaor shall keep such timesheets in such a way as to enable them to be checked.

As regards the fees of the experts consulted, the implementing body shall ensure the accuracy of the time of work declared.

1.2 Flat-billed fees:

These fees may not exceed the following percentages of the actual costs of carrying out the activities (except for the contractor's expenses-points A. 1 and A. 2-and the fees mentioned in point 1.1. previous):

13 percent, in the case of programs proposed by a single Member State, and

15%, in the case of programmes proposed by several Member States.

The fees for the purchase of media spaces (more appropriate hiring of media spaces at the best price in radio, Internet, television, press, etc.) will not exceed 5 percent of the real time costs in anting/advertising spaces.

1.3 When the contractor directly executes the activities in accordance with Article 13 (1) of Regulation (EC) No 501/2008, the fees charged on the basis of the work actually carried out shall be submitted in accordance with point 1.1.

2. Travel and subsistence expenses:

These expenses, arising from the performance of the activities, shall be eligible upon presentation of the appropriate supporting documents and under the following conditions:

2.1 Travel expenses:

Flight ticket in tourist class, along with boarding pass or other equivalent travel documents (in case of online reservations, printing of electronic reservation); First class rail ticket;

For journeys by car, a maximum of EUR 0.25 per kilometre for journeys shall be indicated on the dates and places of departure and arrival, as well as the distance travelled.

2.2 Stay and maintenance expenses:

A maximum accommodation allowance of EUR 120 per day will be paid on the internal market, and EUR 180 per day, in third countries, on presentation of the invoices paid.

A flat-rate allowance of EUR 80 per day will be paid on the internal market and EUR 90 per day in third countries to cover all other costs (meals, local transport, telephone, etc.).

These diets will be paid for participation in events outside the workplace, and will cover the number of days needed for the activity to be performed.

C. Other expenses related to the performance of the activities

1. Meeting and group travel expenses:

Where the implementing body is required to organise movements or meetings of the target groups of the programme, the supporting documents shall be accompanied by a list of presence. For example, hotel invoices must be customized or, if they are global, specify the names of the host. For collective meals, the name of the participants, their function and the purpose of the meeting must be included. For travel expenses appropriate supporting documents such as boarding passes or, in the case of online reservations, the printing of the electronic reservation shall be submitted.

2. Material and equipment:

The material and equipment necessary for the performance of the activities referred to in this contract shall be used as a lease, except where the purchase is more advantageous or the lease is impossible.

2.1 Consumable Material Expenses:

Costs of consumable material related to the purchase, manufacture or use of materials, goods or equipment shall be considered:

a) whose useful life is less than the duration of the activities defined in the contract, and

(b) which are not considered to be included in the fixed assets in accordance with the usual accounting principles, rules and methods of the implementing body.

The costs of consumable material shall not be considered as direct costs if they are accounted for by the implementing body for amortisation or other concept.

2.2 Inventorable Material Expenses:

Expenditure related to the purchase or manufacture, at a later date of the entry into force of the contract, of the material essential for the performance of the activity whose useful life is equal to or greater than the duration of the activities defined in the contract.

These expenses must be in accordance with the national provisions on depreciation, and the period considered for the calculation of this amount shall be between the date of entry into force of the contract or the date of purchase of the material, if this is later, and the date of expiry of the contract. The degree of use of this material during the period considered shall also be taken into account.

3. Internal IT costs:

Internal IT costs may include all costs associated with connection time, central unit time, printed lines and the performance of service companies. These costs may be charged to the contract in accordance with the internal rules of the implementing body and in the light of the time actually spent on the activities defined in the contract and the calculation prices. (The list of calculation prices is included in the offer set out in Annex I).

4. Publishing and broadcast expenses:

Publication and dissemination costs shall be considered as costs arising from the publication, translation and dissemination of publications and audiovisual material provided for as part of the activities to be carried out under this Regulation. of the contract.

5. Evaluations of the results of the activities:

The programme budget may include the costs of the evaluations of the results obtained through the activities of the programme:

(a) An evaluation at the end of each annual phase of the programme, the costs of which may not exceed 3% of the actual cost of the implementation of the activities (excluding the costs of the guarantee of good execution, the costs the general and the fees referred to in points A. 1 and B. 1.2 of this Annex).

(b) The annual evaluation of the last phase should include an assessment of the results of the programme's activities. In this case, the percentage of the 3% indicated above will be 5 percent.

The performance of the assessments referred to in points (a) and (b) shall be entrusted to an independent external body, specialised in this field, to be selected in accordance with the provisions applicable in the Member State.

ANNEX II

Documentation to be provided for the presentation and selection of information and promotion actions for agricultural products on the internal market and in third countries, in accordance with Council Regulation (EC) No 3/2008 and Commission Regulation (EC) No 501/2008

1. To be able to participate in each call, the proposing organisations shall present the programme together with the following original or certified documentation, numbered as follows:

a) Writing of the Constitution and/or Statutes entered in the Trade Register, and the representation power of the applicant.

b) Tax Identification Code (CIF).

c) Payment of the Economic Activities Tax or exemption, if any.

d) Responsible statement as Annex III.

(e) The annual accounts of the last three financial years presented in the Trade Register or in the official register which corresponds to and, if recently constituted, the accounts of the most representative. Organisations that are not required to present accounts in official records may provide, as an alternative means of accreditation, duly legalized accounting books.

(f) Description of the staff with which the proposing organisation counts, as well as the appropriate professional qualification to carry out the work carried out in each of the relevant phases and countries.

g) Accreditation to be fully aware of the market situation and distribution of the products affected in the countries where the programme is developed, by the proposing organisation.

h) If messages referring to health effects are presented, the approval of such messages must be submitted by the competent national authority.

i) Information on the implementing body, as detailed in point 2 below.

j) Indicators required to assess the cost/target group's profitability, anticipated contact cost, cost/quantity or value of the corresponding production, or other suitable indicators.

(k) Where a programme is jointly submitted by a number of proposing organisations, they shall provide an agreement where the distribution of responsibilities between them for the purposes of any such programme is established. legal liability which may result from the execution of the conditions laid down in the contract, and in which the organisation acting as the sole interlocutor and coordinator of the programme is appointed to the competent national authorities.

2. The implementing body shall have the following characteristics, which shall be documented:

a) Recognized economic solvency.

b) Proven technical capacity.

c) Knowledge of the eligible countries of the programme.

d) Experience in the implementation of information and/or promotion programs for similar agri-food products.

e) Accreditation to be related, if any, to others at a multinational level, for the purpose of having adequate personnel in each sentence of the proposal.

f) Responsible statement as Annex III (original or certified copy).

3. The proposing organisation shall provide the following documentation to demonstrate that the procedure for selecting the implementing body is carried out:

a) Convocation.

b) Dissemination of the call.

c) Copy of the received proposals.

d) Selection criteria. The chosen offer will represent the best price/quality ratio. If the selection does not fall under the most advantageous economic proposal, it must be expressly justified.

e) Act of the formal process where the election is awarded, signed by the representative of the proposing organization (original or certified copy).

f) The indication of the entity/is that it will intervene eventually in the execution of the actions and description of the works to be developed by each one of them.

ANNEX III

Model of express statement responsible for the proposing organisation and the implementing body to be aware of compliance with tax and social security obligations and not to be involved in any of the exclusion criteria Article 13.2 and 3 of Law 38/2003, of 17 November, General of Grants

Don ............................................................................................................, as ....................................... of the Proposer Organization (or of the Entity in the case of the body of implementation) ...............................................

Declares under your responsibility:

That the Organization (or Entity in the case of the executing agency) to which it represents is found to be in compliance with the Tax and Social Security obligations imposed by the provisions in force and that their representatives and administrators are not subject to any of the exclusion criteria for programs related to Article 13.2 and 3 of Law 38/2003, of 17 November, General of Grants.

ANNEX IV

Recap Budget

...

expenses (maximum: 3/5% or 4/6% of (2), Annex I, point A. 1).

	First year	Second year	Third year	Total
	Activity 1 (*).
Subactivity 1.1.
	Subactivity 1.2.
Activity 2 (*)
	Activity 3 (*)
time cost in antenna/advertising spaces (1A).
cost of excluded actions for time spent on antenna/advertising spaces (1B)
Total activities (1).
Execution Warranty Expenses.
Fees of the executing agency for the purchase of media spaces (max. 5% of (1A) Annex I, point B. 1.2).
body fees (maximum: 13/15% of (1B), Annex I, point B. 1.2).
Activity Results Assessments (maximum: 3/5% of (1), Annex I, point C. 5.
Total program direct expenses (2)
Total Program.

(*) Including fees charged on the basis of the time cost (Annex I, point B. 1.1).

Financial participation

(in value and in%)

Contractor.

	First year	Second year	Third year	Total
C. E.
Member State.

These tables can be adapted according to the program. When a percentage is applied, indicate the percentage used.