In fulfilling its functions, the National Institute of Performing Arts and Music (INAEM) has been convening and annually granting various aids in the fields of its performance. The accumulated experience and the most recent doctrine of the Constitutional Court on culture advise to give a new wording to the Order of 28 April 1997, which provided for the modalities and the arrangements for granting such aid.

Without prejudice to the competences of the Autonomous Communities in the field of culture, there is a constitutional mandate that imposes on the State the duty to facilitate cultural communication between them and to preserve our Common cultural heritage, which basically constitute the aims of this autonomous body, reflected in Article 2 of Royal Decree 2491/1996 of 5 December 1996, which reviews its organic structure and functions.

In compliance with this mandate, this Institute intends, with the limit of its budgetary allocation, to establish minimum programmes of action aimed at obtaining the maximum diffusion and the development of the theatrical activity, as well as the preservation and dissemination of traditionally neglected creative manifestations, such as classical theatre, children's and youth theatre or, in general, the theatre of current Spanish authors or the circus itself, which However, they must be considered an important foundation for the development of the arts Overall performance.

In line with the above, the theatrical and circus diffusion, the communication between the Autonomous Communities and the international communication, aims at which all the actions must be oriented, not only those included in this specific program-theatrical tours abroad, publishing publications, aid to non-profit entities and festivals-but also those that have a sense of preservation of unprotected activities, and even those geared to the development of circus activity.

Therefore, this Ministry, on a proposal from the Director-General of the National Institute of the Performing Arts and Music, has considered it necessary to establish a new general basis to regulate the granting of these aids.

In its virtue, prior to the report of the Legal Service of the State in the Department and the Ministry of Public Administrations, under the provisions of Article 81.6 of the General Budget Law, I have had the right to have:

First. Purpose and purpose of the aid.

The National Institute of the Performing Arts and Music (INAEM) is empowered to, within the framework of its powers and the budgetary allocations established for this purpose, in accordance with the principles of objectivity, competition and advertising and ensuring the transparency of administrative action grants aid to the following objectives.

a) Keep and disseminate our common theatrical and circus heritage in Spain and in international scenarios, facilitating cultural communication between the Autonomous Communities.

b) Promote the current Spanish dramaturgy, fostering the theatrical exchange between the Autonomous Communities and facilitating their presence in the international arena.

c) Preserve and spread the classical theatre and theatre for children and young people throughout the national territory.

d) Facilitate the renovation projects of the scenic languages.

e) To favor in all Spanish territory identical possibilities of access to artistic and cultural goods of a theatrical character.

f) Promote the recovery of spectators and the recruitment of new audiences throughout Spain.

Second. General rules.

The aid covered by this Order, in addition to that provided for in this Order, will be governed by Articles 81 and 82 of the recast of the General Budget Law and Royal Decree 2225/1993 of 17 December 1993. December, for which the Rules of Procedure for the Concession of Public Grants are approved.

Third. Scope of application.

This Order will apply to the 1998 aids to the theatre and circus which are regulated by the same in competitive competition, excluding those which result from a nominative allocation contained in the rules of legal status and the institutional support of a permanent nature in favour of other public administrations.

Fourth. Beneficiaries.

May request the modalities of aid related to the following paragraph: private natural or legal persons, nationals of States of the European Union and other States associated with the European Economic Area, who comply the requirements laid down in these bases and in the decisions to call them, without prejudice to the provisions specifically laid down in point 7 (1) and 3 (3) of this Order for the procedures laid down in paragraphs B. 1 and B. 3 of the following point.

Fifth. Programmes and arrangements for aid to theatre and circus.

Aids may be granted in the following ways, provided that they meet some of the purposes set out in the first point:

A) Programs of national diffusion of the current dramaturgy and of preservation and diffusion of the classical theater.

1. I support the current Spanish authors with special attention to the award-winning national theatre awards or an Autonomous Community.

2. Spread of theatre for children and young people.

3. Dissemination of international dramaturgy.

4. Preservation and diffusion of the classical Spanish, Greek and classical foreign theatre.

B) Programs for the dissemination and development of theatrical communication:

1. Theatrical communication through festivals, exhibitions, fairs and other activities organized by local corporations or by private companies managing theatre halls.

2. Tours abroad.

3. Support for the theatrical and circus activities of a national level of non-profit entities.

4. Publications of a theatrical nature.

C) Program for the development of circus activity through communication and dissemination plans in Spain and abroad and its technical development.

Each of the specified modalities shall be governed, in all the non-regulated in this Order, by the requirements and conditions to be established in the corresponding convocation.

Sixth. Programmes for the national broadcasting of the current dramaturgy and the preservation and diffusion of classical theatre.

Aid may be granted to projects for new production of theatre works for tours in Spain, provided that the performances are carried out at least in three Autonomous Communities and that at least 55 per 100 of the required representations are made outside the community of origin, except where the production project is in an official language other than Spanish. The island of the Balearic Islands and the Canary Islands and the fact that the productions are in Spanish official language other than Spanish will be valued when the Order is developed in the corresponding resolutions.

To all intents and purposes will be considered the current Spanish dramaturgia also the projects of collective creation.

The following modes are set:

1. I support the current Spanish authors with special attention to the award-winning national or Autonomous Community theatre awards.

2. Spread of theatre for children and young people.

3. Dissemination of international dramaturgy.

4. Preservation and diffusion of the classical Spanish, Greek and classical foreign theatre.

In the first two modalities, the projects to be considered may be annual or biennial. If they are of a biennial nature, the inclusion in the project of a work already released may be considered, with the conditions and requirements to be established in the call resolution. In any event, aid for biannual projects will be incompatible with the granting of other aid of this kind.

For the granting of the aid, the following criteria will be taken into consideration, the assessment of which will be reflected in the corresponding call:

a) Format of the production.

b) Trajectory, seniority and characteristics of the applicant company or company.

c) The artistic evaluation of the project, taking into account the theatrical awards obtained, the relevance of the scenic proposal and its innovative character.

d) Participation with the work planned at festivals with patronage of the INAEM.

e) Invitation for attendance at festivals dedicated preferably to the dissemination of Spanish theatre abroad.

f) Production of original works of current or award-winning Spanish authors with national, international or Autonomous Community theatrical awards.

g) Projects with origin or destination in the Balearic and Canary Islands or Ceuta and Melilla will be valued.

h) Defense of Spanish theatrical heritage.

Seventh. Programmes for the dissemination and development of theatrical communication.

The following modes are set:

1. Theatrical communication through festivals, exhibitions, fairs and other activities organized by local corporations or by private companies managing theatre halls.

2. Tours abroad.

3. Support for the theatrical and circus activities of a national level of non-profit entities.

4. National or international dissemination of theatrical publications.

1. Theatrical communication through festivals, exhibitions, fairs and other activities organized by local corporations or private companies of theatre halls:

In order to guarantee the achievement of the objectives of the first point of this Order and to facilitate the balanced and harmonious dissemination throughout Spain of theatrical manifestations aimed at the diffusion of the Spanish dramaturgy Today, the classic Spanish and foreign theatre and the children's theatre, as well as the new expressions in the international contemporary dramaturgy, will be able to grant aid to festivals, exhibitions and theatre competitions called by Municipalities, Diputations and Cabildos and which are requested by those entities, provided they have with the presence of international companies and/or other Autonomous Communities.

It will also be possible to make use of this modality for the holders of theatre rooms in which programming is carried out in accordance with the above objectives.

For festivals, exhibitions, fairs and other activities organized by local corporations, the following criteria will be considered for granting them:

a) The promotion of works by contemporary Spanish authors.

b) The recovery of the historical and artistic heritage of the Spanish theatre and circus.

c) The promotion of theatre for children and young people and circus activity.

d) The development of puppet theatre, puppet and street theatre.

e) The incorporation of complementary activities: Colloquies, exhibitions, debates, workshops, etc.

f) The national and international projection.

g) The trajectory of the festival, sample or event valued by the number of previous editions and their development.

h) Collaboration of other public or private entities in the organization of the festival, show or contest.

i) The artistic interest of the programming project as a whole.

In the case of rooms, the following criteria will be taken into account for granting them:

a) Dedication of the local to theatrical performances in previous years and technical endowment of it.

b) The trajectory and age of the company that manages the local and the dimension of its management teams.

c) Artistic valuation and number of representations programmed in the year of the call and the inclusion of Spanish authors in the programming.

2. Overseas tours:

It will be possible to grant aids to theatrical tours to finance the travel of the professionals and the transport of the materials in their performances abroad. In addition to the contribution to the recovery and dissemination of the Spanish cultural heritage or the promotion of contemporary Spanish creators, it will be necessary for the applicant to prove that he has been invited or hired to participate in festivals, competitions or other theatrical activities abroad.

For the granting of such aid, the following criteria will be taken into account, the assessment of which will be reflected in the relevant call:

a) Project on tour.

b) Format of the work.

c) Presence of Spanish authors.

d) Antiquity of the company or company.

e) Project's artistic assessment.

f) Invitation for attendance at festivals dedicated preferably to the dissemination of Spanish theatre abroad.

3. Support for theatrical and circus activity at the national or international level of non-profit entities:

Aid may be granted for non-profit foundations or associations with a national or international scope, relevance or dissemination, for annual non-commercial and non-commercial theatrical and circus activities State or international projection.

The expenditure on infrastructure maintenance and services necessary for the implementation of the subsidised activities shall not exceed 40 per 100 of the overall budget presented by the institution.

For the granting of such aid, the following criteria will be taken into account, the assessment of which will be reflected in the relevant call:

a) Previous activities of the entity and dimension of its management teams.

b) Project of activities to be developed.

4. Publications of a theatrical nature:

Aid may be granted to periodicals or units dealing with theatrical activity.

For the granting of the aid the following criteria will be taken into consideration:

a) The work carried out in previous years for the promotion and dissemination of the theatre.

b) The cultural interest of publications, as long as they contribute to the promotion of new creations of authors and intercommunication between the various Communities.

c) Publication of theatrical awards at national, international or Autonomous Community level.

Eighth. Program of development of the circus activity through plans of communication and dissemination in Spain and abroad and its technical development.

Aid for the development of circus activity may be granted through plans for communication and dissemination in Spain and abroad of circus shows through tours comprising at least three Communities Autonomous, provided that 55 per 100 of the required actions are carried out outside the Community of origin or abroad, as well as for the technical development and travelling infrastructure of the circus.

For the granting of the aid the following criteria will be taken into consideration:

a) Trajectory, seniority and characteristics of the requesting company.

b) The artistic and cultural value of the shows and the contribution of the same to the recovery of the historical heritage and of the circus or motor.

c) Number of representations made in the previous year.

d) Contribution to the development and training of circus techniques.

Ninth. Calls.

The calls for each of the modalities, to be published in the "Official State Gazette", will be carried out by resolution of the Director-General of the National Institute of the Performing Arts and Music. shall comply with the provisions of this Order, by supplementing it at the following ends:

(a) Budget credit to which the subsidy is charged.

(b) Indication of the competent bodies for the instruction of the procedure, without prejudice to the specific procedures specified in this Order.

(c) Where appropriate, specific requirements for applying for aid that are not established in this Order.

(d) Documents and specific information to be accompanied by the request, in addition to the generals referred to in the sixteenth point of this Order.

e) Deadline for submission of applications, which shall not be less than 15 days from the date of publication of the decision.

f) Deadline for the procedure.

(g) If necessary, the guarantee measures in favour of public interest, which, in accordance with Article 81.6 of the General Budget Law, are considered to be precise.

10th. Submission of applications.

The applications will be directed to the Director General of the National Institute of Performing Arts and Music, and may be presented in the corresponding services of the Autonomous Communities or in the central offices of the Instituto Nacional de las Artes Scenarios y de la Música, plaza del Rey, no number, 28004 Madrid, without prejudice to the provisions of article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

11th. Documentation of the applications.

To applications, in addition to the documentation required, in general by Article 70 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, of the which is established for each type of aid in this Order and, where appropriate, as determined in the relevant call, the following documentation shall be attached:

(a) Photocopy of the national identity document, tax identification code of the person or entity requesting or equivalent document.

b) Registered statutes or articles of association of the association, foundation or company and documentation certifying the representation of the applicant.

(c) Curriculum vitae of the applicant, where he is a natural person, in which his activity in the theatre or circus field is reflected.

d) Memory of the theatrical or circus activities performed by the person or entity requesting it.

e) Detailed project of the activity for which the aid is requested in order to justify the object, the development and the application of it.

f) The revenue and expense budget for the activity for which the help is requested.

g) Declaration of requests for assistance or sponsorship submitted to other public bodies or private national or international entities for the development of the same artistic or cultural purpose, and, where appropriate, the amount of the aid granted.

12th. Assessment of applications and motions for resolutions.

Applications submitted in the competent services of the Autonomous Communities shall be forwarded by them to the Directorate-General of the National Institute of the Performing Arts and Music, within ten days, with the (a) report which, if necessary, considers it appropriate to issue them. If they have been presented directly to the National Institute of the Performing Arts and Music, they shall be related, with sufficient information on the projects for their assessment, to the Autonomous Community in which they have their registered office. (a) the applicant's persons or entities, for the purpose of being informed, where appropriate, within 10 days.

The report to be issued by the Communities must be selective, presented in order of preference and the projects of each of the modalities according to a score of zero to fifteen, taking into account the artistic merit of the " This score shall be added to the general score obtained by the person concerned and shall not represent less than 15 per 100 in that overall score.

Applications and documentation shall be informed by the Commissions appointed for the purpose by the Director-General of INAEM in each call, taking into account the preparation of their report, which will not be binding, referred to in the preceding paragraph. In these Commissions, there must be an adequate representation of the Autonomous Communities with a high number of petitioners in the different forms of aid and with their registered office. The INAEM's General Theatre Subdirectorate will act as the procedure's instructor. The instruction stage shall be in accordance with the provisions of Article 5 of the Rules of Procedure for the Concession of Aid and Public Grants, approved by Royal Decree 2225/1993 of 17 December 1993.

The dossiers shall be completed, the instructor shall forward them to the Director-General of INAEM, who shall give the decision as appropriate.

The resolution shall be notified to the persons concerned in accordance with the provisions of Article 59 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and Autonomous Communities that have intervened in the procedure and will be published in the "Official State Gazette".

This resolution puts an end to the administrative route, and can be brought before the Superior Court of Justice, after communication to the administrative body that issued the act.

After the maximum period for resolving the procedure without any express resolution, it may be understood that the grant of the grant may be granted, with the interested parties being able to bring an ordinary appeal against Such dismissal.

13th. Payment of the aid and justification for the fulfilment of its purpose.

1. These will be requirements for the perception of the aid: compliance by the beneficiaries of their tax obligations and in the face of social security, which must be credited within twenty days of receipt of the notification of granting of the aid, by submitting the following documentation, relating to the 12 months preceding the date of the granting of the aid:

(a) Justicizer of discharge and, where appropriate, of the last receipt of the Tax on Economic Activities.

(b) Certificate of the State Agency of the Tax Administration that corresponds to the filing of the income tax declarations or document of the Income Tax of the Physical Persons, of the Corporation Tax, of payments on account or split payments or deductions for both purposes and the value added tax, or the General Tax on the Traffic of Enterprises in Ceuta and Melilla or the Indirect General Tax in the Canary Islands, and the annual declaration of transactions with third parties, as regulated in Royal Decree 2027/1995 of 22 December 1995, It was amended by Royal Decree 536/1997 of 14 April 1997 and in the Order of the Ministry of Economy and Finance of 24 July 1996.

(c) Certificate of the Social Security Territorial Treasury of being registered in the Social Security if it is a legal person, or of being affiliated and discharged in the corresponding Social Security system by reason of his activity if he is an individual businessman.

d) Certificate of the Social Security Territorial Treasury that has given discharge to the workers who have their service and to be aware of the payment of the quotas or other debts with the Social Security.

2. The justification for the application of the public funds received must be made before 31 January of the year following that of the call.

Justification will be done by submitting the following documents:

(a) Memory of the activities carried out in relation to the purpose for which the aid was granted and the conditions imposed, where appropriate, in the decision to grant or in the signed agreements.

(b) Originals and photocopies of the documents necessary to prove the expenditure incurred for the implementation of the subsidised activity to be reflected in the relevant call. Once the photocopies are checked and the originals are sealed, they will be returned to the data subject.

14th. Obligations of the beneficiary.

The beneficiary will be obliged to use the grant exclusively for the performance of the activity for which it has been granted, from which the assumption of the following obligations is derived:

(a) Carry out the activity that underpins the grant of the grant.

(b) Submit to the actions of verification to be carried out by the entity and to those of financial control corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors, to which you will provide the information required for this purpose.

(c) Communicate to the entity the grant of other grants or aid for the same purpose, from any national or international public authorities or public authorities.

d) To incorporate in a visible way the materials used for the dissemination of the activities supported by the INAEM-Ministry of Education and Culture logo, which allows the origin of the aid to be identified.

15th. Concurrency of aid or subsidies.

The amount of the aid covered by this Order may in no case be such that, in isolation or in competition with grants, aid or sponsorships from other public or private public authorities, national or international, exceed the cost of the activity to be developed by the beneficiary.

sixteenth. Review of the grants.

Any alteration of the conditions under consideration for the grant of the grant and, in any event, the concurrent obtaining of grants and aid or sponsorships by other public or private authorities or public authorities, national or international, may give rise to the modification of the concession.

seventeenth. Repeal of the grants.

The withdrawal of the aid, as well as the recovery of the amounts received and the requirement of interest for late payment from the time of payment of the subsidy in the cases provided for in Article 81.9 of the General Law, will proceed. Budget.

Eighteenth. Repeal provision.

The Order of 28 April 1997 is hereby repealed, establishing the regulatory bases for aid to the theatre and circus of the National Institute of the Performing Arts and Music.

Nineteenth. Possibility of appeal.

Against this Order, which ends the administrative route, it may be brought, within two months, an administrative-administrative appeal before the National Court, prior to communication to this Ministry, according to the Article 1 (1) and (3) of the Law of the Court of Justice of 27 December 1956, and Article 110.3 of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations Common Administrative Procedure.

Twenty. Entry into force.

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

What I communicate to V. E. and VV. II. for their knowledge and effects. Madrid, 15 July 1998.

AGUIRRE AND GIL DE BIEDMA Excmo. Mr Secretary of State for Culture and Ilmos. Mr Deputy Secretary and Director General of the National Institute of Performing Arts and Music.