Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure (LRJ-PAC), in its third provision, provides for the need to adapt to the same rules regulatory procedures for the various administrative procedures.

The basic lines of the adequacy process were laid down in the Council of Ministers ' Agreement of 15 January 1993. Among them is the desirability of simplifying and reducing the number of regulatory standards for administrative procedures. This will produce undoubted benefits not only for the citizen, but also for the manager of the administrative procedures himself. As a result, it is not only about adapting standards, but also about improving the management of procedures.

These criteria are therefore those which have been followed for the preparation of the procedure for granting aid and public subsidies. The main novelty of this procedure is likely to be determined by its very existence, since it involves regulation in a single rule in the procedure for the granting of such aid and subsidies, without prejudice to normal rules. substantive provisions contained in its special provisions and in Section 4. of Chapter 1. Title II of the recast text of the General Budget Law, adopted by Royal Legislative Decree 1091/1988.

The result of all this is the configuration of a procedure that is considered agile and flexible from the functional point of view and is appropriate to the principles of the LRJ-PAC from the normative point of view. This is especially necessary in one area, the subsidies, so closely related to the citizen and that, therefore, can give the measure of the effort of modernization of the General Administration of the State.

Taking into account the diversity of competing regimes that are applicable to the various material areas in which the subvencional activity is carried out, the rule provides for its application to the grants managed in its the General Administration of the State and its related and dependent entities, as well as those other grants established in matters in which the State is responsible for full regulatory jurisdiction; Concession procedure is one more facet of the normation. Finally, in the specific cases in which the management stages are carried out by different public administrations, the rule provides for its partial application, limited to those stages of the procedure managed by the administration. General of the State and its related or dependent entities.

The applicability to the procedures of the principle of competition and the granting of some of the subsidies under competition have advised to establish a delimitation of the concept of competitive concurrency, referred to those grants which, imputed to the same budgetary credit, involve the existence of a plurality of applications and their comparison, in a single procedure, in accordance with the criteria laid down in the regulatory standard or in the call.

On the other hand, respect for the primacy of Community law justifies the application of the Regulation to the procedure for granting subsidies which are the source of Community legislation.

The configured procedure requires that, in the cases included in its scope, requests and requests are evaluated according to criteria of assessment that the data subject may know.

The above criteria will also serve as a basis for the necessary reasons for the resolution of the procedure, in line with the requirements of Article 54 of the LRJ-PAC.

Finally, and collecting the principles set out in the LRJ-PAC, the possibility is foreseen that the procedure will be completed by a conventional termination between the Public Administration and the applicants, guaranteeing the full respect for the purpose, conditions and purpose of the grant, as well as the assessment criteria established in each case.

In its virtue, on the proposal of the Minister for Public Administrations, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of the 17th of December 1993,

D I S P O N G O:

Single item. Adoption of the Regulation.

It is approved, in application of the third provision and the final provision of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the Regulation the procedure for the granting of aid and public subsidies.

Single transient arrangement. Transitional arrangements for procedures.

1. The procedures for granting aid and public subsidies subject to a specific call published prior to the entry into force of the Regulation adopted by this Royal Decree shall be governed by the provisions of the (a) the basis for the grant, where appropriate, and in the relevant call.

2. The procedures for granting aid and public subsidies initiated at the request of a person concerned prior to the entry into force of the Regulation shall be governed by the above rules.

3. The decisions of the procedures for granting aid and public subsidies adopted after the entry into force of the Regulation shall be applied to the system of resources laid down in Chapter II of Title VII of the Law 30/1992, Legal Regime of the Public Administrations and the Common Administrative Procedure.

Single repeal provision. Regulatory repeal.

The regulatory provisions of the procedures included in the scope of the Regulation that are approved by this Royal Decree, regardless of their rank, shall be repealed or contradicted. disposed in the same.

Single end disposition. Entry into force.

This Royal Decree will enter into force on the twentieth day of its publication in the Official Journal of the State.

Given in Madrid to December 17, 1993.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

REGULATION OF THE PROCEDURE FOR THE GRANTING OF AID AND PUBLIC SUBSIDIES

Chapter I

General provisions

Article 1. Purpose and requirements.

1. The granting of aid and public subsidies referred to in Article 2 of this Regulation shall be made by means of the procedure laid down therein, in accordance with the principles of objectivity, competition and publicity, transparency of administrative action.

2. This Regulation applies to any free provision of public funds made in favour of public or private persons or entities, to promote an activity of public benefit or social interest or to promote the achievement of a public purpose, as well as any kind of aid granted under the State Budget or the Public Law Entities linked to or dependent on the General Administration of the State.

3. For the purposes of this Regulation, a competitive competition grant is defined as a subsidy which, imputed to the same budgetary credit, provides for a possible plurality of applications where the award requires the comparison, in a single procedure, such applications shall, in accordance with the criteria laid down in the regulatory standard or in the call, to resolve the grant and, where appropriate, establish the amount.

In this case, the applications to which the highest valuation has been granted may be estimated, provided that they meet the requirements set out in the standard or call, until the budgetary credit is extinguished.

4. It will be a requirement for the collection of aid and grants from the State's General Budget for compliance with the beneficiaries of their tax obligations and in the face of social security. The Ministers for Economic Affairs and Finance and for Labour and Social Security, respectively, may lay down the terms in which these obligations are to be understood and the manner in which they are to be established.

Article 2. Scope.

1. The granting of State aid and grants shall be made by means of the procedure laid down in this Regulation and in accordance with the provisions of Law No 30/1992, the Legal Regime of Public Administrations and the Rules of Procedure. Common Administrative, in the following assumptions:

(a) Those managed in full by the General Administration of the State or by the entities governed by public law linked to or dependent on it.

(b) Those established in matters of full State regulatory jurisdiction and whose management is wholly or partly applicable to other public administrations.

(c) Those established in matters which are not in the full regulatory jurisdiction of the State and in the processing of which are the bodies of the General Administration of the State or of the entities governed by public law which are linked or dependent on (a) the stages of the procedure to be managed by those bodies.

2. Aid and grants provided for in agreements concluded with entities governed by public law or state companies shall be granted in accordance with the provisions laid down in those provisions and, in the absence of specific rules, by the provisions of this Regulation. Regulation.

3. Grants and grants resulting from a nominative allocation contained in the rules of legal status, permanent institutional aid in favour of other administrations are excluded from this Regulation. Public, and assistance to nationals abroad.

4. In the cases referred to in paragraph 1, this Regulation shall apply to the procedures for the granting of aid and grants laid down in European Community rules or in national implementing or transposition rules. those.

Article 3. Competent bodies.

It is the competent bodies in the procedures falling within the scope of this Regulation that result from the rules on the allocation and exercise of powers laid down in Chapter I of Title II of the Treaty. Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Legal rules and the regulatory basis for grants or aid may provide for the delivery and distribution of public funds to beneficiaries to be carried out through a contributing entity, with the effect of applying the provisions of Article 81.5 of the recast text of the General Budget Law, adopted by Royal Legislative Decree 1091/1988.

Chapter II

Procedure

Article 4. Initiation.

1. The procedure for the award of grants is initiated at the request of a person concerned or of a trade, in accordance with the rules applicable to each of them.

2. Where the procedure is initiated at the request of a person concerned, the application shall be made in accordance with the provisions of Article 70 of Law No 30/1992, of the Legal Regime of Public Administrations and of the Administrative Procedure. Common and, where appropriate, to the standard model and system indicating the relevant regulatory standard.

The submission of applications from interested parties may be preceded by an act of convocation by the Administration, which shall have the character of the budget of the various procedures to be initiated subsequently, and it shall contain the requirements which are deemed appropriate, in each case, from those listed in the following paragraph of this Article.

The application shall be accompanied by the documents and information specified in the standard or convocation, unless the required documents are already held by any organ of the Acting Administration, in which case the (f) Article 35 (f) of Law No 30/1992, the Legal System of Public Administrations and the Common Administrative Procedure, provided that the date and the body or agency are recorded. in which they were submitted or, where applicable, issued, and where no more than five years have elapsed since the completion of the procedure to which they correspond.

In the cases of material impossibility of obtaining the document, the competent body may require the applicant to submit, or, failing that, the accreditation by other means of the requirements referred to in the document, prior to the formulation of the motion for a resolution.

3. The initiation of trade shall always be carried out by means of a call approved by the competent body, which shall specify the procedure for granting the grants convened in accordance with Chapter II of this Regulation and the principles of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and will necessarily have the following content:

(a) Indication of the provision that establishes, where applicable, the regulatory bases and the "Official State Gazette" in which it is published, except that in the case of their specificity they are included in the call itself.

(b) Budget appropriations to which the subsidy is charged.

(c) The purpose, conditions and purpose of the grant of the grant.

(d) Determination of whether the concession is made by means of a competitive competition regime.

e) Requirements for applying for the grant.

f) Indication of the competent bodies for the instruction and resolution of the procedure.

g) Deadline for submission of petitions, to which the forecasts contained in paragraph 2 of this Article shall apply.

h) Deadline for the procedure.

i) Documents and information to accompany the request.

(j) Where applicable, the possibility of a conventional termination in accordance with Article 7 of this Regulation.

(k) Indication of whether the decision puts an end to the administrative procedure and, if not, the body to which the ordinary administrative appeal is to be brought.

l) Request assessment criteria.

m) Means of notification, in accordance with the provisions of Article 59 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. In the case of grants under the competitive competition regime, the notice shall be indicated by the notice board or the means of communication, in order to ensure adequate dissemination and accessibility for the persons concerned.

Article 5. Instruction.

1. The competent authority for the instruction shall carry out any of its own-initiative measures which it considers necessary for the determination, knowledge and verification of the data under which the decision is to be taken.

2. Instruction activities shall include:

a) Petition for how many reports it deems necessary to resolve or be required by the rules governing the grant. The request shall contain, where appropriate, the determining character of those reports which are mandatory. The time limit for the issue shall be ten days, unless the instructor, having regard to the characteristics of the report requested or the procedure itself, requests that the issue be issued within a shorter or longer period, without the latter being able to exceed two months.

When the qualified report has not been issued within the prescribed period, it is expressed as a precept and determinative, or, if applicable, binding, the calculation of the time limits for the processing of the report will be interrupted, according to the with the provisions of Article 83.3 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

b) Assessment of requests or requests, made in accordance with the assessment criteria set out in the grant regulatory standard or, where applicable, in the call.

3. The hearing procedure shall be carried out in accordance with the provisions of Article 84 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The initiation of the procedure shall be notified to the parties concerned, giving them a period of 15 days to make the allegations and to produce the relevant documents and supporting documents.

4. The motion for a resolution shall express the applicant or the list of applicants for which the grant of the grant is proposed, and the amount of the grant, specifying the assessment and the assessment criteria followed to carry out the grant.

Article 6. Resolution.

1. Within 15 days of the date of the lifting of the motion for a resolution, and in accordance with the provisions of Article 89 of Law No 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and case, in the relevant rule or call, the competent body shall decide the procedure.

2. The resolution shall be reasoned. In the case of competitive competition, the decision shall be reasoned in accordance with the provisions of the rule governing the convocation, and in any event the grounds for the decision shall be accredited in the proceedings. to be adopted.

3. The maximum period for the decision of the procedure shall be that laid down by its regulatory rules and, failing that, that of six months, except in the case referred to in paragraph 5 of this Article.

The deadline for the resolution of the procedure will be computed:

(a) In proceedings initiated at the request of a person concerned, from the date on which such application has entered into any of the Records of the competent administrative body.

(b) In the proceedings initiated ex officio, from the publication of the corresponding call.

4. After the maximum period for the termination of the procedure, without any express resolution, it may be understood that the grant of the grant shall be dismissed, except in the case referred to in paragraph 5 of this Article.

In the case of grants dealt with by other public administrations in which the decision is addressed to the General Administration of the State or to the entities governed by public law which are linked or dependent on that may understand that it is contrary to the grant of the grant after the period for adoption of the decision, which shall be taken into account at the time when the competent authority of the General Administration of the proposal or the documentation to be determined by the grant regulatory standard.

5. In the case of grants of a social character or renewable assistance on a regular basis upon a documented request from the beneficiaries, the maximum time limit for resolving the renewal applications shall be the one laid down by their regulatory rules and, failing that, the three-month-old. After this period has elapsed without any express resolution, it may be understood that this is the estimate of the renewal of the grant.

6. For the effectiveness of the alleged decisions referred to in the preceding paragraphs, the certification provided for in Article 44 of Law 30/1992, of the Legal Regime of Public Administrations and of the Procedure is required. Common Administrative Board, within 20 days of the request or, having requested that issue, the time limit has not elapsed.

In the course of the time limit for the issuance of the certification, it may be expressly resolved on the merits, in accordance with the regulatory standard of the grant, and without connection with the effects attributed to the alleged resolution whose certification has been requested.

7. The decision of the procedure shall be notified to the person concerned and shall end the administrative procedure, except in the cases specified in the relevant rules.

In procedures subject to a competitive competition regime in which the publication is carried out by means of bulletin boards, an extract of the content of the resolution shall be published in the official journal concerned, indicating the places where their entire contents are exposed.

8. The decision of the grant award procedures shall express the applicant or the relationship of the applicants to whom the grant is granted and the amount granted, and may expressly state that the decision is contrary to the estimation of the rest of the applications.

Article 7. Conventional termination.

1. Where, by reason of the nature of the grant and the number and circumstances of the potential beneficiaries, the subsidy rules provide for this, the procedure may be terminated by agreement between the Administration and the interested parties.

In any case, the conventional termination must respect the object, conditions and purpose of the grant, as well as the assessment criteria established in respect of the applications or requests.

2. For the purposes referred to in the preceding paragraph, the applicants and the body responsible for examining the procedure may, at any time prior to the motion for a resolution, propose an agreement on the amount of the subsidy.

3. If the proposal merits the conformity of the instructor and all the applicants in the procedure, the competent body shall be referred to the competent body for the purpose of resolving the matter, who shall do so with the freedom of discretion, and shall raise the case, to which it corresponds to the effects of formalisation.

4. Formalised, if appropriate, the agreement, this will produce the same effects as the resolution of the procedure.

Article 8. Control of subsidies.

1. In the cases referred to in Article 2.1 (a) of this Regulation, the control of compliance with the object, conditions and purpose of the grant shall be carried out in accordance with the provisions of the recast of the General Law. Budget, approved by Royal Legislative Decree 1091/1988, and other rules governing the grant.

2. Where the rules applicable to the control of compliance with the object, conditions and purpose of the grant do not establish a specific procedure for the reimbursement of the grant, the rules in this Article shall be followed.

The procedure shall be initiated ex officio as a result of the own initiative of the competent body, of a higher order, of the reasoned request of other bodies having or not assigned powers of inspection in the field, or the formulation of a complaint.

The processing of the procedure will ensure, in any case, the right of the person concerned to the hearing.

If there is no specific resolution passed six months after the initiation, taking into account possible interruptions caused by causes attributable to the interested parties, the calculation of the expiry date shall be initiated. established in Article 43.4 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. If the refund procedure has been initiated as a result of facts which may constitute an administrative infringement, they shall be brought to the attention of the competent body for the initiation of the relevant procedure. sanctioning.

4. Once agreed, if necessary, the origin of the refund, this will be done in accordance with the provisions of the recast text of the General Budget Law, approved by Royal Legislative Decree 1091/1988.