Key Benefits:
By Royal Decree 1887/1996, of 2 August, the structure is established
basic organic of the Ministry of Education and Culture, defining them
competencies of its senior organs and management centers.
The Secretary of State for Culture, through the Directorate General
of the Book, Files, and Libraries, has attributed, among others, the
preparing and implementing programmes for promotion and dissemination
international of the book and the Spanish letters, to the object that the most
significant of Spanish literature culture and production is
known in the world.
The development of these programs focuses on those activities
that are representative of the contribution of Spanish culture to the
universal civilization. In consideration of this character, it is considered appropriate
establish an aid scheme that allows participation and
collaboration of the society in the realization of the same.
To achieve this support, it is proposed, on the one hand, to start a system
of stimuli to bookshops and book distributors that promote
the Spanish book abroad, and on the other hand, encouraging the translation of works
written originally in any official Spanish language to any
foreign language.
Without prejudice to competences as regards culture
correspond to the Autonomous Communities, there is a constitutional mandate
that imposes the service of culture on the State as duty and attribution
essential, and in the interest of its development, this Ministry has considered
convenient to elaborate an Order that establishes the regulatory general bases
for the granting of these aids, in accordance with the general scheme
set out in Articles 81 and 82 of the recast text of the General Law
Budget, approved by Royal Legislative Decree 1091/1988, of 23
September, in the wording given to them by Laws 13/1996,
of 30 December, of Fiscal, Administrative and Order Measures
Social, and 31/1990, of December 27, of General State Budgets
for 1991, and the Rules of Procedure for the Concession of Aid
and Public Grants, approved by Royal Decree 2225/1993, of 17
December.
This new Common Regulatory Order for character aids
International of the General Direction of the Book, Files and Libraries, modifies
its content and power the international projection of the different
cultural manifestations of the territorial diversity of Spain.
In its virtue, prior to the Department's Legal Service report,
I have had good to have:
First. Purpose and purpose of the aid.
1. The Secretary of State for Culture, through the Directorate General
from the Book, Files, and Libraries, you can grant support to those
activities that aim for the following purposes:
a) Encourage the marketing and distribution of production
Spanish publishing house abroad and promote international dissemination of the
Spanish book.
b) Foster and promote knowledge of the works of the
Spanish common cultural heritage at international level, and promote the
dissemination of major literary and scientific works by authors
Spaniards who reflect the plurality and cultural richness of Spain abroad.
2. The aid shall be of the following classes:
a) Promoting the dissemination, marketing and distribution of books
Spaniards abroad: These are those that, in compliance with some of the
purposes of the previous section, are intended to promote
cultural activities to promote and disseminate the Spanish book in the
foreign, the empowerment of the presence in international fairs of
book and distribution companies in the Spanish book sector and the
elaboration of materials that contribute to the dissemination of the Spanish book
on the outside (newsletters, brochures, "Web" pages
on "Internet", etc.).
b) Promoting translation and editing, in any language
foreign, from literary or scientific works of Spanish authors: They are those
that, meeting some of the purposes of the previous section, have
to promote the dissemination of Spanish culture by means of
editing, in any foreign language, of literary or scientific works
of Spanish authors written and published in any of the languages
Spanish, contributing to facilitate citizens of other areas
language access to the Spanish culture as a whole.
Second. System of disposal. The granting of such aid is
will perform in competitive concurrency regime.
Tercero.Beneficaries. They may be called upon to call them.
aid for natural or legal persons of any nationality
the Spanish, in the terms and conditions that the convocation establishes
for each of the listed in the first point of the present
Order.
The recipients of previous recipients will not be eligible for the call.
grants from the Ministry of Education and Culture's credits
that have not justified the same, as set
in the corresponding regulatory standard and met the expected deadlines
for such justification, having acquired the corresponding firmness
administrative acts.
Applicants must credit a path within the activity
for which help is requested, as well as capacity and adequacy for
performing the same, and meeting the requirements set forth in the present
disposition and corresponding call resolution.
Fourth. Call.
1. In accordance with the provisions of Article 4.3 of the Regulation
of the Procedure for the Concession of Public Grants and Grants,
approved by Royal Decree 2225/1993, of December 17, the procedure
grant of aid referred to in this Order will be initiated on its own initiative
by prior call, by Resolution of the Director General of the
Book, Files, and Libraries, to be published in the " Official Journal of the
Status ".
2. As not provided for in this Order, the call will determine,
necessarily, the content set out in Article 4, number 3,
in your letters a) to m), of the Procedure for
Rulesthe Concession of Aid and Public Grants.
Fifth. Requirements for applications. To the requests, which are
present in the official model that establishes the call, must
accompany the following documentation:
a) Memory of activities performed in the previous year, as
to the call model.
b) Program of the activity or activities for which the
help, according to the call model, including the
budget to break down and detail the revenue and expense of the
such activities, and justification of the purpose or purposes,
determined in the first point of this Order, which are intended
get with that program.
c) Declaration, in accordance with the call model, of the
grants and grants that have been requested to date, intended
to the activity for which the help is requested, with indication of the
effectively granted and their amounts.
In the case of Spanish applicants must submit the
detailed documentation below:
d) Compressed photocopy of the national identity document or
passport and the tax identification number, if they are natural persons.
e) In the case of societies, original and photocopy photocopies of the
writing of constitution or modification, if any, of the company,
of the Statutes, of the registration in the Mercantile and Code Register
tax identification.
f) Many documents in law that justify the person
signing the request currently holds the charge that the
representation of the society to such effects, for the case of legal persons.
If the applicant were or acted as president, he/she must justify with
power of attorney this quality and representation.
g) Original or certified photocopy of the following documentation
accrediting tax and security obligations compliance
Social:
Last receipt of the Tax on Economic Activities.
Administrative certifications issued by administrations
corresponding from the State Tax Administration Agency and
of the Social Security Territorial Treasury, in accordance with
as set out in Article 9 of Royal Decree 390/1996 of 1 March.
1. Each call resolution will detail the documentation
specifies required.
Checking the existence of non-reality-adjusted data,
in both the request and the documentation provided, you can behave,
depending on their importance, the denial of the requested help, without
i) damage to the remaining liabilities that may arise.
Sixth. Evaluation of applications and motion for a resolution.
1. An Advisory and Evaluation Commission will be set up for
each of the purposes of the first point, integrated by the following
members:
President: The General Manager of the Book, Files and Libraries, who
you can delegate to the Vice President.
Vice President: The Subdirector-General of Book Promotion, the
Reading and the Spanish Letters and, in their absence, a Technical Counsellor of
the General Subdirection of Book Promotion, Reading, and Letters
Spanish.
Vocals: They will be designated by the General Manager of the Book, Files
and Libraries, in number no less than five, between officials of the
Secretary of State for Culture, persons competent in the field, and
personalities highlighted by their cultural activity.
Secretary. -A public employee of the General Subdirection of
Promotion of the Spanish Book, Reading and Letters, with a voice but without
vote.
All Vocals and the Secretary will be appointed by the Director
General of the Book, Files, and Libraries.
The status of Vocal in the Commission has a personal character, not
being able to act by delegation or be replaced, if any.
Members of the Commission will be entitled to receive the
corresponding rewards for your advisory work, with the
limitations established by existing legislation on incompatibilities
and, where applicable, the costs of locomotion and accommodation in which they may
incur the development of such jobs.
2. The Commission has specifically attributed the following
functions:
a) Inform and value the requests according to the criteria
assessment generals to be determined in the various resolutions of
call.
b) Propose the award of the aid and assess its interest.
3. The Commission may collect the additional information from the
stakeholders and reports from the services of the Ministry of Education
and Culture, as well as professionals or experts of recognized prestige,
for the best development of the functions that you have assigned.
4. The Commission shall be validly constituted by the presence of the
President and the Secretary and half, at least, of its members,
in accordance with Article 26.1 of Chapter II of Title II
of Law 30/1992, of November 26 (Law of Legal Regime of the
Public Administrations and the Common Administrative Procedure).
As not provided for in this Order, the operation of the
Commission will adjust to the regime established for the collegiate bodies in
Chapter II of Title II of the Law of the Legal Regime of the
Public Administrations and the Common Administrative Procedure.
Seventh. Resolution.
1. On a proposal from the Secretary of State for Culture, it is delegated to
the General Manager of the Book, Files, and Libraries granting them
aids. The Resolution of the General Manager of the Book, Files and
Libraries, which must be notified to the beneficiaries and published in the " Newsletter
State Officer, " will end the administrative route, being able to
file against the same administrative-administrative resource within the time
two months from the date of publication of the same.
2. The resolution shall be reasoned and shall, in any event, remain
accredited the fundamentals of the resolution to be adopted, in compliance
with the provisions of Article 6.2 of the Rules of Procedure
for the Concession of Aid and Public Grants.
Before drafting the resolution proposal will be enforced
as provided for in Article 84 of Law 30/1992 of 26 November.
3. The General Directorate of the Book, Archives and Libraries will be able to dictate
separate decisions for granting each of the aid
which are determined in the first point of this Order, prior to
proposal from the Advisory and Evaluation Committee and with the conditions
to set the call.
Eighth. Justification for compliance with the purpose of the aid.
1. The performance of the activities for which it has been granted
the help will be justified within three months of completion
of the time limit set in the resolution for the implementation of those activities.
2. Justification will be done by presenting:
a) Memory of activities developed in relation to the purpose
for which the help was granted and the conditions imposed, in
your case, on the occasion of the concession.
b) Economic memory with invoices or receipts of expenses incurred
in the performance of the supported activities, which must be
meet the requirements laid down in the tax regulations, which are regulated by the
duty to issue invoices by employers and professionals. This
documentation must be presented in original, without prejudice to attach
photocopy for your comment and return, if requested by the interested parties.
c) Any other documentation that you specify in each
one of the call resolutions, in accordance with the
set to the first point of this Order.
Ninth. Method of making the payment. The payment of such aid
will be performed once the grant resolution is issued.
Notwithstanding the above, the call may contemplate the prior call
constitution of a guarantee in the General Deposit Box of 10 per 100
of the amount granted, in any of the modes provided in the
regulations in the Caja and with the requirements set for the
themselves.
10th. Concurrency and review of aid. The amount of the
aid covered by this Order may not, in any event, be
such an amount that, in isolation or in concurrence with other support
Public administrations or other public or private entities, national or
international, exceed the cost of the projected or developed activity
by the payee.
Any alteration of the conditions taken into account for the concession
of the aid provided for in this Order and, in any event, the procurement
concurrent grants from other public administrations or entities
or private, national or international, may result in modification
of the grant resolution, with the beneficiary, if applicable, proceeding
to the refund of the amounts received.
11th. Revocation and recovery of aid. The
revocation of the aid, as well as the reimbursement of the amounts received
and the requirement for late interest from the time of the payment of the
aid and in the amount set out in Article 36 of the General Law
In the cases provided for in Article 81.9 of the aforementioned legal text.
The procedure for reintegrating will be regulated by the provisions in
article 8.2 of the Procedure for Concession Procedure
Aid and Public Grants.
Once agreed upon, if applicable, the source of the refund, this is
will proceed in accordance with the provisions of the General Budget Law.
The amounts to be reintegrated will have the revenue consideration of
public right, resulting in application for the provision of the provisions
in Articles 31 and 34 of the General Budget Law.
12th. Responsibility and regimensaniser. The
beneficiaries of the aid covered by this Order will be subject
thisto the responsibilities and regime sanctioning that over infractions
administrative in the field of grants establishes Article 82 of the Law
General Budget. They shall also be subject to the provisions of
Title IX of Law 30/1992, of 26 November, of Legal Regime
of Public Administrations and Administrative Procedure
Common, and in the Rules of Procedure for the Exercise of the
Authority Sanctioning, approved by Royal Decree 1398/1993 of 4 August.
13th. Obligations of beneficiaries. The beneficiaries
of the aid will be forced to:
a) Perform the activity that is based on the grant of the help,
without any change or modification of the object or purpose for
the one that was granted. In any case, any incident that you suppose
modifying the initial program of the activity or activities must be
authorized by the General Manager of the Book, Files, and Libraries.
b) Credit to the granting body, within the time limit which is
sets at point octavo.1 of this Order, the realization of the
activity, by presenting the documents that the point provides
octavo.2.
c) Submit to the audit actions performed by the organ
grantor and the financial control that corresponds to the Intervention
General State Administration and those provided for in the legislation
of the Court of Auditors, which will provide you with information about them
required for effect.
d) Communicate the entity to obtain the other
grants or grants for the same purpose, from any
Public, national or international authorities or entities.
e) Visible in the materials that are used for
the dissemination of the activities supported by the Ministry logo
Education and Culture to identify the origin of the aid,
according to the model that sets the call.
14th. Normativageneral. For all those extremes not
as provided for in this Order, the provisions of Articles 81 shall apply.
and 82 of the General Budget Law, in their wording given to them
by Laws 13/1996, of December 30, of Fiscal Measures,
Administrative and Social Order, and 31/1990, of December 27, of
General State Budget for 1991, and in the Regulation of the
Procedure for the Concession of Public Grants and Grants,
approved by Royal Decree 2225/1993 of 17 December.
15th. Regulation (EU) How many are repealed
provisions of equal or lower range are opposed to the provisions in this
Order.
sixteenth. Envigor entry. This Order shall enter into force
the day following your publication in the "Official State Bulletin".
What I communicate to V. E. and V. I. for their knowledge and effects.
Madrid, June 15, 1998.
AGUIRRE AND GIL DE BIEDMA
Excmo. Mr Secretary of State for Culture and Ilmo. Mr. Director General
of the Book, Files, and Libraries.