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Order Of 15 June 1998 Which Lays Down The Regulatory Bases Of The General Direction Of The Book, Archives And Libraries, Supports For Promocionar Internationally Spanish Books And Authors.

Original Language Title: Orden de 15 de junio de 1998 por la que se establecen las bases reguladoras de las ayudas de la Dirección General del Libro, Archivos y Bibliotecas, para promociónar internacionalmente los libros y autores españoles.

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TEXT

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

Rules

the 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

this

to 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.