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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By Royal Decree 1887 / 1996, of 2 August, establishes the basic organizational structure of the Ministry of education and culture, defining the powers of their governing bodies and management centres.


The Ministry of culture, through the General direction of the book, archives and libraries, has attributed, inter alia, the preparation and implementation of programmes aimed at the promotion and international dissemination of the book and the Spanish letters, in order that the most significant Spanish bibliographic production and culture is known worldwide.


The development of these programs focuses on those activities which are representative of the contribution of the Spanish culture to universal civilization. In response to this character, deemed appropriate to establish an aid scheme that allows the participation and collaboration of the society in the performance of the same.


To realize this support he is proposed, on the one hand, to start a system of incentives to libraries and to distributors of books that promote the Spanish book on the outside, and by another, encourage the translation of works written originally in any Spanish official language to any foreign language.


Without prejudice to the competences that correspond to the autonomous communities in matters of culture, there is a constitutional mandate that imposes on the State service of culture as duty and attribution, and for the sake of its development, this Ministry has considered convenient to prepare an order which set the General bases regulating for the granting of such aid, in accordance with the general regime laid down in articles 81 and 82 of the consolidated text of the General Law on budgetary approved by Royal Legislative Decree 1091 / 1988, of 23 September, in the wording given to them by law 13/1996 of 30 December, measures fiscal, administrative and Social order, and 31/1990 of 27 December, the State budget for 1991, and the regulation of the procedure for the award of grants and public subsidies approved by Royal Decree 2225 / 1993 of December 17.


This new common regulatory order of the supports of the international character of the General direction of the book, archives and libraries, modifies their contents and power the international projection of the different cultural manifestations of the territorial diversity of Spain.


Virtue, report of the legal service of the Department, have seen fit to have: first. Purpose and object of the aid.


1 the Secretary of State of culture, through the General direction of the book, archives and libraries, may grant aid to those activities that relate to the following purposes: to) promote the marketing and distribution of the Spanish publishing production abroad and to promote the international dissemination of Spanish book.


(b) encourage and promote knowledge of works of the Spanish common cultural heritage at the international level and promote the dissemination of the major literary and scientific works of Spanish authors who reflect the diversity and cultural richness of Spain abroad.


2 subsidies are of the following classes: to) promote the dissemination, marketing and distribution of Spanish books abroad: are those that fulfill any of the purposes of the preceding paragraph, are aimed at the promotion of cultural activities for the promotion and dissemination of the Spanish book abroad, the empowerment of the presence in international fairs of bookstores and distributing companies of the Spanish book sector and the development of materials that contribute to the diffusion Spanish book abroad (bulletins of news, brochures, websites "" on the "Internet", etc.).


(b) to promote the translation and editing, in any foreign language, literary or scientific works of Spanish authors: are those that fulfill any of the purposes of the preceding paragraph, are intended to promote the dissemination of Spanish culture, by editing, in any foreign language, literary or scientific works of Spanish authors written and published in any language of Spain helping to facilitate access to the Spanish culture as a whole to citizens of other linguistic areas.


Second. Deconcesion regime. The granting of this aid will take place on a competitive basis.


Tercero.Beneficiarios. may attend the call of these natural or legal persons of any nationality included support the Spanish, under the terms and conditions that set the call for each of which are cited in paragraph first of this order.


Previous grant recipients may not attend call with appropriations from the Ministry of education and culture that are not justified them, in accordance with that established in the corresponding regulatory standard and met the deadlines for such justification, having acquired firmness the corresponding administrative acts.


Applicants must prove a history in the activity for which requested assistance, as well as capacity and suitability for carrying out the same, and meet the requirements set out in this provision and the corresponding resolution of the call.


Room. Call.


1. in accordance with the provisions of article 4.3 of the regulation of the procedure for the award of grants and public subsidies, approved by Royal Decree 2225 / 1993, of 17 December, the procedure for granting of the AIDS referred to in this order will start ex officio by previous call, by resolution of the Director general of the book, files and libraries, to be published in the "official bulletin of the State".


2 in matters not provided in this order, the call, necessarily, the determined which is set to number 3, of article 4, in his letters a) to m), of the rules of procedure for the award of grants and public subsidies.


Fifth. Requirements for applicants. Requests, which will be presented in the official model that establishes the call, should be accompanied by the following documentation: a) memory of the activities carried out in the previous year, according to the model of the call.


(b) programme of the activity or activities to which requests help, according to the model of the call, including the budget which shall be broken down and explained the income and expenses of the mentioned activities, and justification of the purpose or purposes, certain in the first point of this order, that they intend to achieve with such program.


(c) statement, in accordance with the model of the call, of subsidies and aid which have applied to date, destined for the activity for which requested support, with an indication of those actually granted and their amounts.


En_el_caso_de Spanish applicants must submit the documentation detailed below: d) certified photocopy of the national identity card or passport and the tax identification number, if it is of individuals.


(e) in the case of societies, original and photocopies of the Constitution or script modifications, where appropriate, of society, statutes, registration in the commercial register and the fiscal identification code.


(f) documents enough in law that would justify that the person signing the request currently holds the position that would give the representation of the company for such purposes, in the case of legal persons.


If the applicant was or act as mandatary must justify with power of attorney representation and the quality.


(g) original or certified copy of the following supporting documentation of compliance with tax obligations and Social Security: latest receipt of the tax on economic activities.


Administrative certification issued by the relevant administrations of the State Agency for tax administration and the Territorial Treasury of the Social Security, in accordance with the provisions of article 9 of Royal Decree 390/1996 of March 1.


1. each resolution of call include specific documentation.


Verification of the existence of data not adjusted to reality, both the application and the documentation provided, may act according to their importance, the refusal of the requested assistance, without prejudice to the other responsibilities that may arise.


Sixth. Evaluation of applications and motion for a resolution.


1 shall constitute a Commission of advice and assessment for each of the objectives of the first point, composed of the following members: Chairman: Director general of the book, files and libraries, who may delegate to the Vice-Chair.


Vice-President: Deputy Director-general of promotion of the book, reading and Spanish literature and, in his absence, an adviser from the Subdirectorate General of promotion of the book, reading and Spanish literature.


Vowels: They shall be appointed by the Director general of the book, archives and libraries, in number no less than five, between officials of the Ministry of culture, people who are competent in the matter, and personalities featured at its cultural activity.
Secretary-a public employee of the Subdirectorate General of promotion of the book, reading and Spanish literature, with voice but without vote.


All the members and the Secretary shall be appointed by the Director general of the book, files and libraries.


The condition of vowel in the Commission has personal, not able to act by delegation or be replaced, if necessary.


The members of the Commission shall be entitled to receive corresponding bonuses for his consultancy work, with the limitations laid down by law on incompatibilities and, if necessary, the locomotion and accommodation expenses that may incur for the development of such work.


2 the Commission has specifically assigned the following functions: to) inform and assess applications in accordance with the general criteria of assessment to be determined in the various resolutions of call.


(b) propose the awarding of aid and assess their interest.


3. the Commission may request additional information to interested parties and the reports of the Ministry of education and culture, as well as professionals or experts of recognised prestige, for the better development of its mandated functions.


4. the Committee shall be quorate with the presence of the President and the Secretary and half, at least, of its members, pursuant to article 26.1, of chapter II of title II of law 30/1992, of November 26 (law legal regime of public administrations and common administrative procedure).


In matters not provided for in the present order, the functioning of the Commission shall be subject to the regime established for the organs members in chapter II, title II of the aforementioned Act legal regime of public administrations and common administrative procedure.


Seventh. Resolution.


1. on the proposal of the Secretary of State for culture, the granting of such aid is delegated to the Director-general for books, archives and libraries. The resolution the Director general's book, archives and libraries, which must be notified to beneficiaries and published in the "official bulletin of the State", will put an end to the administrative procedure, can be filed against the same contentious-administrative appeal within the period of two months from the date of publication of the same.


2. the resolution will be motivated, in any case, must be accredited the foundations of the resolution adopted, in accordance with the provisions of article 6.2 of the regulation of the procedure for the award of grants and public subsidies.


Before drafting the motion for a resolution will be compliance as provided for in article 84 of the law 30/1992, of 26 November.


3. the General Directorate of books, archives and libraries may make independent decisions for the award of subsidies which are determined at the first point of this order, upon proposal from the Commission advice and evaluation and with the conditions established the call.


Eighth. Justification for the fulfillment of the purpose of the aid.


1. the realization of the activities for which support is granted be justified within the three months following the termination of the period laid down in the resolution for the execution of such activities.


2 the justification will be made by the presentation of: to) memory of activities carried out in relation to the purpose for which the aid was granted and the conditions, if any, on the occasion of the award.


(b) economic memory with invoices or receipts for the expenses incurred in carrying out the subsidized activities, which must meet the requirements set out in the tax legislation, which regulates the duty of issuing of invoices by entrepreneurs and professionals. This documentation shall be submitted in original, without prejudice to attach photocopy for your certification and return, if so requested by interested parties.


(c) any other documentation specified in each of the resolutions call for proposals, in accordance with paragraphs set out in point first of this order.


Ninth. Form of realization delpago. The payment of such aid will be made once dictated resolution of concession.


However the above, the call can contemplate the previous Constitution of a guarantee in the General deposit box of 10 per 100 of the granted amount, in any of the provisions laid down in the aforementioned box regulations and with the requirements established for the same.


Tenth. Concurrence and review deayudas. The amount of aid regulated by this order shall not, in any case, be of such an amount that, individually or in concurrence with the aid of other public administrations or other public or private, national or international bodies, exceeds the cost of activity designed or developed by the beneficiary.


Any alteration of the conditions taken into account for the granting of the aid provided for in this order and, in any case, obtaining concurrent grants from other administrations or agencies, public or private, national or international, may give rise to the amendment of the resolution of concession, must the beneficiary, if necessary, proceed to the reinstatement of perceived quantities.


Eleventh. Revocation and reinstatement of help. Shall be the revocation of aid, as well as the reinstatement of perceived quantities and the demand for the interest of delay from the moment of payment of the aid and the amount fixed in article 36 of the General budget law, in the cases provided for in article 81.9 cited legal text.


The procedure for reinstatement shall be governed by the provisions of article 8(2) of the regulation of the procedure for the award of grants and public subsidies.


Agreed once, in his case, the source of repayment, this shall be carried out as laid down in the General Budget Act.


To reimburse amounts shall be regarded as income from public law, resulting from application for its collection provisions of articles 31 and 34 of the General budget law.


12th. Responsibility and regimensancionador. Beneficiaries of aid covered by this order shall be subject to the responsibilities and penalties laying article 82 of the General budget law about administrative offences in subsidy. Will also be subject to the provisions of title IX of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in the regulation of the procedure for the exercise of the authority sanctioning power, approved by Royal Decree 1398 / 1993, of 4 August.


13th. Losbeneficiarios obligations. The beneficiaries of the aid shall be obliged a: to) the activity which supports the granting of the aid, without that fit changes or modifications of the object or purpose for which it was granted. In any case, all incidence involving modification of the initial program of the activity or activities must be authorized by the Director general of the book, files and libraries.


(b) certify to the awarding authority, within the period referred to in section octavo.1 of this order, the realization of the activity, through the submission of documents providing for the octavo.2 point.


(c) subject to the actions of verification that the awarding body and those of financial control that corresponds to the General intervention of the administration of the State and those provided for in the law of the Court of Auditors, which will provide much information required them to effect.


(d) inform the awarding authority obtain other grants or aid for the same purpose, from any Government or public, national or international bodies.


(e) incorporate clearly in the materials used for the diffusion of the subsidized activities the logo of the Ministry of education and culture that allows to identify the origin of the assistance, according to the model that establishes the call.


Fourteenth. Normativageneral. For all those ends not foreseen in the present order, shall apply as provided in articles 81 and 82 of the General budget law, in the wording given to them by law 13/1996, of 30 December, measures fiscal, administrative and Social order, and 31/1990, of 27 December, the State budget for 1991 , and in the regulation of the procedure for the award of grants and public subsidies, approved by Royal Decree 2225 / 1993 of December 17.


Fifteenth. Derogacionnormativa. Many provisions of equal or lower rank is contrary to the provisions of this order are hereby repealed.


16th. Input force. This order shall enter into force the day following its publication in the "official bulletin of the State".


What inform V. E. and V. I. for his knowledge and effects.


Madrid, 15 June 1998.


AGUIRRE and GIL DE BIEDMA excmo. Mr. Secretary of State of culture and Hon. Mr. Director general del Libro, archives and libraries.