The law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure (LRJ-PAC), in its third additional provision, foresees the need to adapt to the same regulatory standards of the different administrative procedures.
The basic lines of the process of adaptation is established by agreement of the Council of Ministers of 15 January 1993. Highlights including the desirability of simplifying and reducing the number of rules governing administrative procedures. This will produce tangible benefits not only for citizens but also for the Manager of administrative procedures. As a result, it is not only meet standards, but at the same time improve the management of the procedures.
They are, therefore, these criteria that have been followed for the elaboration of the procedure for granting aid and public subsidies. Probably, the main novelty of this procedure come determined by their very existence, since it implies the regulation in a single rule in the procedure for the granting of such aid and subsidies, without prejudice to the substantive legislation contained in its special provisions and section 4. Chapter 1. Title II of the consolidated text of the General Law on budget, approved by Royal Legislative Decree 1091 / 1988.
The result of all this is the configuration of a procedure that agile and flexible it is estimated from the point of view of functional and suitable to the principles of the LRJ-cap from the regulatory point of view. This is especially necessary in a field, grants, so closely related to the citizen and that, therefore, can give the extent of the effort of modernization of the General Administration of the State.
Taking into account the diversity of competence schemes that are applicable to material several areas in which the subvencional activity, the new legislation requires your application grants managed entirely by the General Administration of the State and its entities linked and dependent, as well as those of other subsidies established in matters in which corresponds to state the full regulatory competition; the regulation of the procedure for granting is one facet of the legislation. Finally, in specific cases that the management phases are carried out by different public administrations, the new legislation requires enforcing partial, limited to those phases of the procedure, managed by the General Administration of the State and its entities linked or dependent.
Applicability to procedures the principle of concurrence and the granting of some of the subsidies on competition have advised to establish a delimitation of the concept of competitive, referred to those subsidies, charged to same credit budget, they imply the existence of a plurality of requests and their comparison in a single procedure, in accordance with the criteria set out in the regulatory standard or the call.
On the other hand, respect for the primacy of Community law justifies the supplementary application of the rules of the procedure of awarding the grants that respond in its origin to regulations of the European communities.
The set up procedure requires that, in the cases included in its scope of application, requests and requests are assessed according to criteria that the person concerned will know.
The above criteria will serve, also unfounded for the necessary motivation of the resolution of the procedure, in line with required by article 54 of the LRJ-PAC.
Finally, and collecting the principles established in the LRJ-PAC, foresees the possibility of that procedure be completed through a conventional completion between the public administration and the applicants, guaranteeing full respect for the object, terms and purpose of the grant, as well as the assessment criteria established in each case.
In his virtue, a proposal from the Minister for public administrations, according to the Council of State and after deliberation by the Council of Ministers at its meeting of December 17, 1993, D I S P O N G O: only article. Adoption of the regulation.
Approves, in application of the third additional provision and disposal of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, the regulation of the procedure for the award of grants and public subsidies.
Sole transitional provision. Transitional regime of the procedures.
1. the procedures for the award of grants and public subsidies subject to specific call published prior to the entry into force of the regulation which is adopted by this Royal Decree shall be governed by provisions of the regulatory bases of the grant, in his case, and in the relevant invitation to participate.
2. the procedures for the award of grants and public subsidies initiated at the request of the person concerned prior to the entry into force of the regulation shall be governed by the previous regulations.
3 apply to resolutions of procedures for the award of grants and public subsidies adopted subsequent to the entry into force of the regulation the resources system established in chapter II of title VII of law 30/1992, legal regime of public administrations and common administrative procedure.
Sole repeal provision. Repeal legislation.
They are hereby repealed many provisions governing the procedures included in the scope of application of the regulation which is approved by the present Royal Decree, anyone who is his range, they oppose or contradict the provisions of the same.
Sole final provision. Entry into force.
This Royal Decree shall enter into force on the twentieth day of its publication in the.
Given in Madrid on December 17, 1993.
JUAN CARLOS R.
The Minister for public administrations, JERÓNIMO SAAVEDRA ACEVEDO regulation of the procedure for grant of aid and grants public chapter I provisions general article 1. Object and requirements.
1. the granting of aid and public subsidies referred to in article 2 of this Regulation shall be effected by means of the procedure laid down therein, in accordance with the principles of objectivity, audience and advertising, ensuring the transparency of administrative actions.
2. this regulation is applicable to any free provision of public funds made in favor of persons or public or private entities, to promote an activity of public utility or social interest or to promote a public goal, as well as any type of assistance given to the budget of the State fee or entities of public law related or dependent of the General Administration of the State.
3. for the purposes of the present regulation grant on a competitive basis means that, imputed to same budgetary credit, contemplates a possible plurality of requests when the award requires the comparison in a single procedure, such requests, in accordance with the criteria set out in the regulatory standard or the call, to resolve on the granting and , where appropriate, establish the amount.
In this case you can estimate requests that has been granted greater rating, provided that they meet the requirements specified in standard or call, until the budget credit is extinguished.
4 will be requirement for receiving aid and subsidy charged to the general budget of the State compliance by recipients of their tax obligations and against Social Security. The Ministers of economy and finance and of labour and Social Security, respectively, may establish the terms in which such obligations are understood to be fulfilled and how to prove this fact.
Article 2. Scope of application.
1 the award of grants and public subsidies shall be carried out by means of the procedure laid down in this regulation and in accordance with the provisions of law 30/1992, of the legal regime of public administrations and common administrative procedure, in the following cases: a) the managed in its entirety by the General Administration of the State or by entities of public law related or dependent on that one.
(b) those set out in matters of full regulatory competence of the State and whose management correspond totally or partially to other public administrations.
(c) those set out in subjects who are not of full State regulatory competition and in whose processing involved bodies of the General State administration or entities of public law related or dependent on that one, in terms of the stages of the procedure that corresponds to manage these organs.
2. subsidies and grants provided for in agreements entered into with entities of public law or State companies will be awarded in accordance with the provisions of those and, in the absence of specific regulation, by the provisions of this regulation.
3 are excluded from this regulation awards grants and subsidies resulting from a nominative mapping contained in the rules of legal rank, institutional supports of a permanent nature in favor of other public authorities, and welfare aid to nationals abroad.
4. in the cases covered by paragraph 1, this Regulation shall be of supplementary application to procedures for the award of grants and subsidies laid down in European Community standards or national standards of development or transposition of those.
Article 3. Competent bodies.
Competent in the procedures included in the scope of this regulation are resulting from the rules that are laid down in chapter I of title II of law 30/1992, of the legal regime of public administrations and common administrative procedure on attribution and exercise of powers.
The legal rules and the regulatory bases of the subsidies or aid may lay down that the delivery and distribution of public funds to the beneficiaries is made through a collaborating institution, by applying to the effect under article 81.5 of the text of the General budget law, approved 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 interested person or ex officio, in accordance with which establish the rules applicable to each of them.
2. when the procedure is initiated at the request of the person concerned, that must be made in accordance with article 70 of the law 30/1992, legal regime of public administrations and common administrative procedure and, where appropriate, in accordance with the model and standardized system that point to the corresponding standard regulator.
The presentation of applications for those interested may be preceded by an act of announcement by the Administration, which will have the character of budget of the different procedures that start later, and that will contain the requirements deemed appropriate, in each case, among those listed in the following section of this article.
To the request shall be accompanied in standard or call, certain documents and information unless the required documents were already held by any organ of the inspecting administration, in which case the applicant may avail himself of the provisions in paragraph f) article 35 of the law 30/1992, legal regime of public administrations and common administrative procedure always make record date and organ or unit in which were presented or, in your case, issued and when not more than five years have elapsed since the completion of the procedure to which they relate.
In cases of material impossibility to obtain the document, the competent authority may require the applicant his presentation, or, in their absence, the accreditation by other means of the requirements referred to in the document, prior to the formulation of the draft resolution.
3. the initiation of trade will always be made by call for proposals approved by the competent authority, which shall specify the procedure for the granting of subsidies convened according to the provisions of chapter II of this regulation and in accordance with the principles of the law 30/1992, of the legal regime of public administrations and common administrative procedure, and will necessarily have the following content (: a) indication of the provision establishing, where appropriate, the regulatory bases and the in which it is posted, unless in response to its specificity these are included in the own call.
(b) budgetary provisions that grant is booked.
(c) object, terms and purpose of the grant of the subsidy.
(d) determination if the award is made by means of a competitive regime.
(e) requirements to apply for the grant.
(f) indication of the competent bodies for the statement and resolution of the procedure.
(g) deadline for submission of requests, they shall apply the provisions contained in paragraph 2 of this article.
(h) resolution of the procedure time.
(i) documents and information that must accompany the request.
(j) where appropriate, possibility of conventional completion in accordance with the provisions of article 7 of this regulation.
(k) indication of whether the resolution puts an end to the administrative procedure and, if not, organ that has brought ordinary administrative appeal.
(l) criteria for the evaluation of requests.
(m) means of notification, in accordance with the provisions of article 59 of law 30/1992, legal regime of public administrations and common administrative procedure. In the case of grants under the competitive concurrence scheme call for proposals must indicate the noticeboard or means of communication, in order to ensure adequate dissemination and accessibility for stakeholders.
Article 5. Instruction.
1. the competent body for the instruction will be ex officio actions it considers necessary for the determination, knowledge and verification of the data under which you must say the resolution.
2 the activities of instruction include: to) request for how many reports it deems necessary to resolve or which are required by the rules governing the grant. The request shall contain, where appropriate, the decisive nature of those reports which are mandatory. The deadline for issuance will be of ten days, unless the organ instructor, according to the characteristics of the requested report or the procedure itself, request its emission in one shorter period or more, while in the latter case it does not exceed two months.
When in due time not-issued the report qualified by legal provision expressly as mandatory and decisive, or, where appropriate, binding, the computation of time limits for processing, in accordance with article 83.3 of law 30/1992, legal regime of public administrations and common administrative procedure will be interrupted.
(b) evaluation of requests or requests, carried out in accordance with the assessment criteria established in the regulatory standard of the grant or, where appropriate, in the call.
3. the procedure for hearing be evacuated in accordance with the provisions of article 84 of the law 30/1992, legal regime of public administrations and common administrative procedure. The initiation of the proceedings shall be notified interested parties, granting them a period of fifteen days so that formulate the allegations and submit documents and relevant supporting documents.
4. the draft resolution should express the applicant or the ratio of applicants for which proposes the granting of the subsidy, and their amount, specifying their assessment and the criteria followed to carry out.
Article 6. Resolution.
1 within fifteen days from the date of lifting of the motion for a resolution, and as laid down in article 89 of the law 30/1992, legal regime of public administrations and common administrative procedure and, where appropriate, in the corresponding rule or call, the competent body will solve the procedure.
2. the resolution shall be motivated. In the competitive procedures, the resolution will motivate pursuant to the rule governing the corresponding call, and must in all case be accredited in the procedure the foundations of the resolution to be adopted.
3. the deadline for the resolution of the procedure shall be that set its rules regulating and, in their absence, 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 calculated: to) in the proceedings initiated at the request of the person concerned, from the date on which such application has had input in any of the records of the competent administrative authority.
(b) in the initiated procedures of office, following the publication of the corresponding call.
4 after the deadline to resolve the procedure, without that has relapsed express resolution, will understand that it is rejecting the award of grant, except in the case referred to in paragraph 5 of this article.
In the case of grants processing by other public administrations in which appropriate resolution to the General Administration of the State or the right entities linked or dependent on that public is will understand that that is contrary to the granting of the subsidy after the deadline for the adoption of the resolution, to be computed from the time that responsible for the General Administration of the State have the proposal or documentation to determine the regulatory standard of the subsidy.
5. in the case of grants from social or welfare renewable periodically request documented of the beneficiaries, the deadline for decision on renewal applications will be which set its rules regulating and, failing that, of the three months. Within this period without that has relapsed express resolution, will understand that that is positive for the renewal of the grant.
6. for the effectiveness of the alleged resolutions referred to in the preceding paragraphs is required the issuance of the certification provided for in article 44 of the law 30/1992, of legal regime of public administrations and common administrative procedure, within the period of twenty days since it was requested or, having requested such emission, this there has been after the mentioned deadline.
Over the course of the period for the issuance of the certification it be solved explicitly on the Fund, in accordance with the regulatory standard of the subsidy, and without bonding with the effects attributed to the presumed resolution whose certification has been requested.
7. the resolution of the procedure shall be notified to the person concerned and will put an end to the administrative procedure, except in the cases specified in the relevant standards.
Procedures subject to a system of competitive in which publication was effected by means of Bulletin Board will be published in the relevant official journal a summary of the content of the resolution, indicating the places where its entire content is exposed.
8. the resolution of the grant-making procedures shall state the applicant or the relationship of the applicants who is granted the subsidy and the amount granted, can do expressly state that the resolution is contrary to the estimation of the rest of the applications.
Article 7. Conventional completion.
1 when the nature of the subsidy and the number and circumstances of potential beneficiaries the rules governing the grant so provide, be can terminate the agreement procedure between the Administration and stakeholders.
In any case, conventional completion must respect the object, terms and purpose of the grant, as well as evaluation criteria concerning applications or petitions.
2. for the purposes mentioned in the previous section applicants and responsible for the instruction of the procedure may, at any time prior to the motion for a resolution, proposing an agreement concerning the amount of the subsidy.
3. If the proposed citizen compliance organ instructor and all applicants in the procedure, it will forward, with acted, to the body competent to resolve, who become it with freedom of criteria, and will raise the resolution, if any, that correspond to the effects of the formalization.
4. formalized, in his case, the agreement, this will produce the same effects that the resolution of the procedure.
Article 8. Control of subsidies.
1 in the cases referred to in article 2.1, to), of the present regulation, the control of the fulfillment of the object, terms and purpose of the grant shall be made in accordance with the provisions of the consolidated text of the General Law on budget, approved by Royal Legislative Decree 1091 / 1988, and other rules governing the grant.
2. when the rules applicable to the control of the compliance of the object, terms and purpose of the grant does not establish a specific procedure for the reinstatement of the same, follow the regulated in this article.
The procedure will start automatically as a result of the initiative of the competent authority, of a higher order, the reasoned request from other bodies who have or not attributed powers of inspection in the field, or the formulation of a complaint.
In the procedure shall be ensured, in any case, the right of the interested party to the hearing.
If had not relapsed express resolution six months from initiation, taking into account possible disruptions caused by reasons attributable to stakeholders, will start the computation of the term of expiration established in article 43.4 of the law 30/1992, legal regime of public administrations and common administrative procedure.
3. If the reinstatement procedure had commenced as a result of events that might consitute an administrative infraction, will be on knowledge of the body responsible for the initiation of the disciplinary procedure.
4. agreed once, in his case, the source of repayment, this shall be carried out in accordance with provisions of the consolidated text of the General Law on budget, approved by Royal Legislative Decree 1091 / 1988.