Since 1983 the activity of desalination of sea water in the Canary Islands by the then Ministry of Industry and Energy was being subsidised, in order to be able to cover the final price of drinking water and trying to approximate it to the average price of water on the peninsula.

In 1997, the control and distribution of these grants became the responsibility of the Ministry of the Environment.

From 2013, the competition for the distribution and the grant of the grants passes again to the Ministry of Industry, Energy and Tourism with the objective not only to guarantee the sufficiency and quality of the resources It is also important to encourage the use of water, particularly from an energy point of view, by encouraging the efficiency of the water supply process, particularly from the point of view of the water supply. population.

Taking into account the principles of advertising, transparency, concurrency, objectivity, equality and non-discrimination, Law 38/2003 of 17 November, General of Grants, establishes that the regulatory bases of the grants will be approved by ministerial order and will be published in the "Official Gazette of the State", and determines its essential content.

According to the provisions of article 17 of the aforementioned General Law on Grants, they have issued their mandatory report on State Advocacy and Delegate Intervention in this Ministerial Department.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

The purpose of this order is the establishment of the regulatory bases for the granting of subsidies, under competitive competition, with the aim of reducing the final price of drinking water for consumption. domestic produced in the desalting plants located in the territory of the Autonomous Community of the Canary Islands, boosting efficiency and efficiency throughout the process.

Article 2. Temporary scope.

The provisions of this order will apply to grants that are called in 2013.

Article 3. Beneficiaries.

1. They may obtain the grants referred to in this order by local authorities or public undertakings or concessionaires which, in the territory of the Autonomous Community of the Canary Islands, fulfil the following conditions at the same time:

(a) Be the holders of the public water supply service or the holding of water.

b) Verter water, obtained through a sea water desalination process, to the distribution network for domestic consumption.

2. Beneficiary entities and undertakings may not be involved in any of the circumstances provided for in Article 13 of Law 38/2003 of 17 November, General of Subsidies and shall comply with the provisions of Article 14 of that Law. law.

3. In accordance with the provisions of the additional provision in the ninth of Law 17/2012 of 27 December 2013 on the General Budget of the State for 2013, the granting of these grants to any of the entities referred to in that provision Additional provision shall be subject to the favourable, mandatory and binding report of the Ministry of Finance and Public Administrations.

Article 4. Competent bodies.

1. The competent body to convene such aid and to resolve its concession is the Minister of Industry, Energy and Tourism.

2. The competent body for the procedure shall be the Technical Cabinet of the Secretariat for Industry, Energy and Tourism.

Article 5. Call and requests.

1. The concession procedure shall be that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination and shall always be initiated on its own initiative by means of the call for aid.

2. The call for aid shall be made at the order of the Minister for Industry, Energy and Tourism.

3. The time limit for the submission of applications shall begin on the day following that of the publication in the Official Gazette of that order. The dates for the completion of the deadline for submission of applications shall be indicated in the relevant call. The non-time-limit submission of applications shall give rise to their admission.

The grant applications will be directed to the Technical Cabinet of the Secretariat for Industry, Energy and Tourism according to the model that will be published as an annex to the call and will be available on the website of the Ministry of Industry, Energy and Tourism (www.minetur.es), which can be submitted via the Aid Portal hosted by the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), or in the Department's General Register, Paseo de la Castellana 160, 28071 Madrid, or by any of the means provided for in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

4. The call shall also indicate the documentation to be accompanied by the application.

Article 6. Concession procedure.

1. The applications will be analyzed and evaluated by a Technical Commission, which will be chaired by the Head of the Technical Cabinet of the Secretariat of Industry, Energy and Tourism, whose vote will be settled in case of a tie.

A representative of the Directorate General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, with the rank of Deputy Director General, will be part of the commission, with a voice.

A representative of the Administration of the Autonomous Community of the Canary Islands designated by it may be part of the Technical Commission.

Will act as Secretary, with voice and vote, a level 30 official appointed by the Technical Cabinet of the Undersecretary for Industry, Energy and Tourism.

The Commission will examine the applications accepted and draw up a report setting out the outcome of the assessment carried out, as set out in Article 24 (4) of Law 38/2003 of 17 November, which will include the which it considers should be financed and the amount proposed for each of them, in accordance with Article 7 of this order.

To do this, you can count on the technical assistance you consider necessary, as well as in cases where it is deemed appropriate, to require the collaboration of the Autonomous Community of the Canary Islands.

The operating system of this Commission will be in accordance with the rules on collegiate bodies contained in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Administrative Procedure. Common.

2. The procedure, in the light of the dossier and of the report of the Technical Commission, shall make a provisional proposal for the granting or refusal of aid. This draft interim resolution does not create any right in favour of the beneficiaries proposed to the Administration.

The proposal made by the instructor shall be communicated to all applicants so that within 10 working days from the date of their notification they submit claims or communicate their acceptance, It shall be deemed to have failed to comply within that time limit.

Then, in the light of the arguments presented, if appropriate, the proposal for a definitive resolution will be formulated, which will be notified to the interested parties who have been proposed as beneficiaries. If it is appropriate, the beneficiaries shall be given a period of five working days from the date following that of their notification, in order to inform them of their acceptance, on the understanding that they are not in a position to reply to the request. period.

After that deadline, the proposed final resolution shall be submitted to the competent body for approval.

3. The competent body shall, in the light of the proposed final decision, decide on termination of the procedure.

Such a decision, which shall be reasoned, in addition to containing the applicants to whom the aid is granted and the express rejection of the applications to which aid is not granted, shall include the list of applications for decaying and desisted. The amount of the grant awarded shall also be stated in the decision.

The resolution shall be notified in writing to each applicant within a maximum of two months from the end of the deadline for the submission of applications, without prejudice to its publication in the "Official State Gazette". After the expiry of that period without the express resolution being notified, the interested parties may understand their requests.

4. The decision, which ends the administrative procedure, may be appealed for in replacement, within one month, in accordance with Articles 116 and 117 of Law No 30/1992 of 26 November 1992. Without prejudice to the foregoing, in respect of the decision of the procedure for granting the aid referred to above, within two months of the date of notification of that decision, an appeal may be brought before the Chamber of Administrative-administrative litigation of the National Court.

Article 7. Amount of subsidy.

1. The grants shall be paid out of the appropriations entered for the expenditure in the Expenditure Budget of this Ministry of Industry, Energy and Tourism in the General Budget of the State.

2. The maximum grant to be received by each beneficiary shall be that obtained by the application of the following formula:

SubL = (AL + BL + CL) × K

where:

SubL = Is the grant in euros.

K = The value resulting from dividing the budgetary availability in the financial year, expressed in euro, between the sum AL + BL + CL corresponding to all the beneficiaries of the grant.

AL = Is the result of the following mathematical operation:

AL = VdL × 0.4375 Subt/VdL

being:

VdL = Volume of water desalted in cubic meters, in the time interval to set the call.

Subt = Budget availability in the corresponding year, expressed in euro.

BL = Is the result of the following mathematical operations:

BL = VdL × 0,3125 × Subt × [1-(Pr-Pst) /Pr]/VdL

being:

VdL = Volume of water desalted in cubic meters, in the time interval to set the call.

Pst = Standard losses on the distribution network, expressed as one, that will have the value of 0.25.

Pr = Actual losses in the distribution network, expressed by one. These losses will be calculated using the following formula:

Pr = (VdL + Vc-Δstock-Vf)/(VdL + Vc-Δstock)

where:

Vc = Total volume of water in cubic meters poured into the public distribution network from sources other than the potabilizing plants for each beneficiary, in the time interval that establishes the call.

Δstock = It is the difference between the initial and final volume of water in cubic meters stored in the deposits of each beneficiary in the time interval to set the call.

Vf = Is the volume of water expressed in cubic meters, billed by each beneficiary in the time interval to be established by the call.

When Pr ≤ 0.10, it will be taken as the value of Pr of 0.10.

CL = Is the result of the following mathematical operations:

CL = VdL × 0,25 × Subt × [1-(Cr-Cst) /Cr]/VdL

being:

VdL = Volume of water desalted in cubic meters, in the time interval to set the call.

Cst = Standard consumption of energy expenditure per cubic meter of desalted water and will have the value of 4.5 KWh/m³.

Cr = Actual consumption of energy expenditure per m³ of desalted water, expressed in KWh/m³.

Article 8. Compatibility of the grants.

The perception of the subsidies regulated in this order will be compatible with the perception of others for the same purpose, from any public or private administrations or entities. This compatibility will be conditional on the amount of the grants awarded under no circumstances exceeding the cost of the activity to be developed by the beneficiary.

Article 9. Payment of the grants.

1. The call shall establish the period of activity covered by the grant.

2. The payment of the grants shall be ordered with the signature of the grant resolution.

Article 10. Justification and actions for checking and checking.

1. The justification for the costs incurred by the applicants in the reference period to be set out in the call shall be made by means of certifications and other documents to be determined by the applicant. In any case, the data included in the supporting documentation shall be referred to that period.

2. The beneficiary of the grant shall be obliged to provide the checks aimed at ensuring the proper performance of the supported action, by means of the documentation required by the call and which must accompany the grant applications. It shall also be subject to financial control actions corresponding to the General Intervention of the General Administration of the State and those provided for in the legislation of the Court of Auditors.

Article 11. Non-compliance.

1. Any alteration of the conditions under consideration for the grant of the grants, as well as the concurrent obtaining of grants or aid granted by other public or private, national or international administrations or (a) to be communicated in advance, may give rise to the modification of the grant decision.

2. The grant shall be revoked, as well as the reimbursement of the amounts received and the requirement of interest for late payment from the time of payment of the grant, in the cases and in the terms provided for in Article 37 of Law 38/2003, of 17 November.

3. They shall have the consideration of infringements and shall be punishable by the conduct established in Articles 56, 57 and 58 of Law 38/2003 of 17 November.

Final disposition first. Applicable rules.

In all the non-expressly provided for in this order, the provisions of Law 38/2003 of November 17, General of Grants, Law 30/1992, of November 26, of the Legal Regime of Public Administrations will be applicable. and the Common Administrative Procedure, the Royal Decree 887/2006, of July 21, for which the Regulation of Law 38/2003, of 17 November, General of Grants, and other rules that apply.

Final disposition second. Competence title.

This order is dictated by the provisions of Article 149.1.24. of the Constitution which attributes to the State the competence in matters of public works of general interest.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, October 3, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.