Regulation (EU) No 1303/2013 of 17 December 2013 lays down common provisions for the European Structural and Investment Funds (ESI Funds), including the European Social Fund (ESF), for the new period of 2014-2020 intervention. Regulation (EU) No 1304/2013 of 17 December 2013 specifically regulates the European Social Fund for that period. The content of the two Regulations concerns the fulfilment of the objectives of the Europe 2020 strategy.

The European Council of 17 June 2010 called for all common policies to support the Europe 2020 strategy, for smart, sustainable and inclusive growth. To this end, the Union and the Member States must do what is necessary to achieve this objective, while promoting the harmonious development of the Union and reducing regional inequalities.

The reduction in youth unemployment is one of the most important challenges for the 2014-2020 programming period. To support the fight against youth unemployment, the Youth Employment Initiative has been implemented, with specific and complementary funds from the European Social Fund, as provided for in Article 22.1 of Regulation (EU) 1304/2013.

In response to the Council Recommendation of 22 April 2013, the Government of Spain presented to the European Commission the National Youth Guarantee Plan, aligned with the 2013-2016 Strategy for Entrepreneurship and Youth Employment, in a common catalogue of actions to be developed by the intermediate bodies of the Youth Employment Operational Programme (POEJ) and will aim at reducing youth unemployment.

As part of the development of the National Youth Guarantee Plan, Royal Decree-Law 8/2014 of 4 July has been approved for urgent measures for growth, competitiveness and efficiency, which is included in Chapter I of the Title IV, the regulation of the National Youth Guarantee System. This Royal Decree-Law was validated by Law 18/2014 of 15 October, approving urgent measures for growth, competitiveness and efficiency.

Forming part of the National Youth Guarantee System, a personal data file is created, in order to manage the process of discharge in the System itself and other uses established in the aforementioned Real Decree-law.

Furthermore, in compliance with the principles of cooperation and coordination between the various administrations, the Ministry of Finance and Public Administrations manages grants for investment of a kind The European Commission is also involved in local development programmes co-financed with European Union funds. As a result, in the framework of this cooperation of the State to improve the quality of life, contribute to the creation of employment, economic development and economic and social cohesion of the local area, in accordance with the provisions of the Program Youth Employment Operational approved by the European Commission on 12 December 2014, the Management Authority intends to designate as the Intermediate Body of that programme the Directorate-General for the Coordination of Competences with the Communities Autonomous and Local Entities, of the Secretariat of State of Public Administrations, of in accordance with Article 14.1.u) of Royal Decree 256/2012 of 27 January, for which the basic organic structure of the Ministry of Finance and Public Administrations is developed.

The present bases have been prepared in compliance with the provisions of Article 9 (2) of Law 38/2003 of 17 November, General of Grants in which it is available that " grants, rules laying down the regulatory basis for granting in the terms laid down in this Law, and taking into account applicable Community rules, should be adopted.

Also, the provisions of Article 17.1 of the General Law on Grants, as well as Article 12.2 of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration, have been taken into account. of the State, which attributes to the Ministers the exercise of the regulatory power in the terms provided for in the specific legislation.

In its virtue, on a proposal from the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities, as the Intermediate Agency for the Management of Aid, I have:

Article 1. The object of the help.

The present bases are aimed at articulating the management of the support of the Youth Employment Operational Programme (POEJ), of the European Social Fund, as provided for in priority axis 5, for sustainable integration in the labour market for young people who are not employed, nor do they participate in education or training systems, in the context of the Youth Guarantee, (hereinafter AP-POEJ).

Article 2. Beneficiaries.

1. They may be eligible for aid, only:

a. Municipalities of municipalities with a population of more than 50,000 inhabitants.

b. Municipalities of provincial capitals whose population is equal to or less than 50,000 inhabitants.

c. The Diputaciones, Cabildos and Councils of Island and Autonomous Communities, in the exercise of the competencies that correspond to the Provincial Diputations, that carry out projects that bring together actions in municipalities whose accumulated population over 50,000 inhabitants.

d. Self-employed bodies dependent on any of the entities identified in the preceding paragraphs.

2. The determination of the number of inhabitants will be carried out according to the Royal Decree approved by the Council of Ministers for the declaration of the population figures resulting from the standard revision, in force at the date of entry into force of the the corresponding call.

3. The entities in which one of the circumstances referred to in Article 13 of Law 38/2003, of 17 November, General of Grants, shall not be eligible for the aid shall not be eligible.

4. References to local authorities in these regulatory bases shall also be construed as referring to the Autonomous Community of the Autonomous Communities, in the exercise of the powers of the Member States.

Article 3. Submission of requests.

The applications will be filed within 40 days, counted from the day following the publication of the extract of the call in the "Official State Gazette", through the National Database of Grants, which will initiate the procedure for granting the aid.

Applications shall be addressed to the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities and shall be completed and submitted electronically by the system established in the In the case of a call for tenders and, exceptionally, where there is evidence in the electronic headquarters of the Ministry of Finance and Public Administrations of errors in the transmission or receipt of the electronic application document, it may be provided in paper format. by its submission by any of the means provided for in Article 38.4 of the Law 30/1992, of 26 November of Legal Regime of Public Administrations and of the Common Administrative Procedure.

Applications must be signed by the legal representative of the potentially beneficiary entities that relates to Article 2 or the person in which you delegate.

The requirements for applying for the grant and the form of accreditation shall be expressed in the relevant call, for the purpose of which the documents and information to accompany the applications shall be indicated.

In the case of an application for aid, an autonomous body must be provided with a certificate issued by the competent authority of the administration on which it is based, in which the conformity of that administration is recorded for the autonomous body requests the aid or aid. It shall also be established that such a body has powers conferred on it to carry out the objective of such aid and that it fulfils the conditions necessary to be a beneficiary of public aid.

Article 4. Procedure for granting aid and advertising.

1. The procedure for granting the grant shall be that of competitive competition by means of a call in the terms specified in the relevant call resolutions.

2. The Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities, of the Secretariat of State of Public Administrations of the Ministry of Finance and Public Administrations, will act as the Intermediate Body. for the management of such aid, as laid down in the POEJ and with the character identified in Article 2, definition 18, of Regulation (EU) No 1303/2013 of 17 December 2013 (OJ EU of 20-12-2013).

3. For the processing of aid AP-POEJ will apply the provisions of the Regulations of the European Union in the field of Structural Funds, as well as in Law 38/2003, of 17 November, General of Grants, its Implementing Regulation (Real Decree 887/2006, of 21 June), in the present regulatory bases and in the rest of the national implementing regulations.

4. The Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Authorities shall approve the corresponding call for the granting of the aid in due course, as provided for in this provision, which extract will be published in the "Official State Gazette", through the National Grant Database.

5. The Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Authorities may request a report from the Autonomous Communities on the projects to be carried out in their respective territories, in order to determine aspects of complementarity and/or impact with other projects affecting or likely to affect the same territory, as well as any other issues considered to be of interest to that Administration.

This report must be sent, if appropriate, within a maximum of fifteen working days, from the receipt of the request and in no case shall be binding. After that period without receiving the said report the indicated Directorate-General will continue the procedure.

6. A Valuation Commission shall be set up under the chairmanship of the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities and composed of three representatives of the Secretariat of State of Public administrations, appointed by the Directorate-General, one of whom will act as Secretary of the Commission.

The Assessment Board shall be informed by the Intermediate Body of all the projects submitted and shall carry out the assessment only of those who meet the eligibility requirements laid down in this Regulation. Provision and other implementing and development instructions.

The Commission shall make any such action as it considers necessary for the determination, knowledge and verification of the data in respect of which the decision is to be taken. It may also request additional information from the requesting entity which it considers appropriate for the appropriate assessment of the applications submitted. This information shall be required by the Intermediate Body to the receiving entities, with a maximum period of ten days for their contribution, counted from the day following the receipt of the requirement.

In the event that requests for co-financing exceed the availability of aid, it will be in line with both the score obtained by the projects and the balance of the resources available under consideration. territorial scope concerned.

The Valuation Commission, once the evaluation of the projects has been carried out, will raise a proposal for a resolution to the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities.

This proposal shall contain the list of projects selected for financing, with the aid allocated to each of them, and the relationship of the projects in reserve, if any, which meets the requirements In order to be subsidised, they cannot be proposed because they do not have sufficient credit at the time of the assessment.

7. The Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities shall decide on the applications submitted, in the light of the proposal of the Valuation Commission.

The maximum time limit for the publication of the resolution shall be six months from the date of publication of the extract of the relevant call.

The resolution will determine, among others:

a. Projects supported with an indication of the maximum amount of aid and the beneficiary of the aid.

b. Projects that are not eligible under the rules contained in the relevant call, specifying the reasons for the rejection.

c. In the case where appropriate, the relationship of the projects remaining in reserve, with their order of punctuation.

The resolution signed by the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities will be published in the "Official State Gazette".

8. Within 10 days, from the day following the publication of the resolution in the BOE, the beneficiary entities shall forward the express acceptance of the AP-POEJ aid, from the European Social Fund, to the Intermediate Body, They are understood to give up the same if no such acceptance is sent.

The acceptance of the grant implies the conformity of the entity for inclusion in the list of beneficiaries, published in accordance with Article 115.2 of Regulation (EU) 1303/2013 of the European Parliament and of the Council, of December 17, 2013.

Also, in compliance with the provisions of the Community legislation and the General Grant Law, the resolution will be published on the website of the Secretariat of State of Public Administrations.

9. As new credit facilities are generated as a result of possible reductions in eligible expenditure, withdrawal or any other reason, the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities, may decide to grant grant to the projects in reserve, following the order established by the Valuation Commission.

10. The regulated procedure in this order shall be subject to the advertising requirements set out in Articles 18 and 20 of Law 38/2003 of 17 November, General of Grants, as well as the provisions of Article 115 of the Regulation (EU) 1303/2013 of the European Parliament and of the Council of 17 December 2013.

Article 5. Objective criteria for granting and weighting the grant.

1. Eligibility requirements. The projects submitted for co-financing shall, in general, comply with Articles 65 and 125 of Regulation (EU) 1303/2013 as well as with the provisions of Article 13 of Regulation (EU) No 1304/2013 of the European Parliament and of the European Parliament and of the Council. the Council, concerning the European Social Fund, in these bases and in the call for approval, and in particular with the following requirements:

a. The entity submitting the project to co-financing must meet the conditions to be eligible for aid as provided for in Article 2 of this provision and other implementing rules.

b. The entity must have submitted all the documentation required in these bases, as well as the corresponding call, in the form and time stipulated therein.

c. The project must meet the object for which the present aid is called, as set out in Article 1.

2. Criteria for the assessment of projects. Projects meeting the eligibility requirements shall be assessed by the Commission in accordance with the following criteria and the weighted score according to the forecasts of the corresponding call for aid:

a. Training activities associated with the sectors with the greatest opportunities for growth and employment, in accordance with the Spanish Strategy for Employment Activation, in the area of project implementation, identified by a study and analysis of the area by the beneficiary Entity: from 0 to 15 points.

b. Number of hours in training activities in languages in relation to the total of the training given: from 0 to 15 points.

c. Number of hours in training activities in new information and communication technologies in relation to the total of the training given: from 0 to 15 points.

d. Percentage of women over the total number of participants in the project: from 0 to 10 points.

e. Percentage of people most disadvantaged: young people with disabilities, Roma population or immigrants, about the total number of participants in the project: from 0 to 10 points.

f. Percentage of long-term unemployed over the total number of participants in the project: from 0 to 10 points.

g. Percentage of the number of itineraries whose training activities lead to certificates of professionalism, in accordance with Articles 10 and 11 of Royal Decree 395/2007 of 23 March 2007 governing the training subsystem professional for employment, on the total number of itineraries: from 0 to 15 points.

h. The unit cost per participant, depending on the average cost of eligible projects in its own Autonomous Community: from 0 to 10 points.

Article 6. Amount of the help.

The aid covered by these regulatory bases is financed through the resources of the European Social Fund and the Youth Employment Initiative, as a financial instrument of the Youth Guarantee, in the framework of the Social Fund's intervention. European 2014-2020.

The co-financing rate is set out in the POEJ funding plan for priority axis 5, through the Youth Employment Initiative.

The national contribution up to one hundred percent of the total eligible expenditure of the project will be made by the beneficiary entities. Such national contribution may not be financed, in turn, by any other Community Fund.

Qualifying entities must explicitly credit the availability of sufficient funds to assume project funding.

The absence of other aid from the Community Funds for the actions of the approved project to be financed with the present aid will also be credited.

Article 7. Justification and payment of the aid.

1. The justification by the beneficiary of the fulfilment of the conditions imposed and the achievement of the intended objectives shall be carried out through the contribution of the supporting documents.

2. By way of derogation from the above, as laid down in Regulation (EU) No 1303/2013 of 17 December 2013 laying down common provisions on the European Structural and Investment Funds and in Regulation (EU) No 1304/2013, On 17 December, concerning the European Social Fund, for the reimbursement of AP-POEJ aid to beneficiary entities, the simplified cost system has been adopted in the form of fixed rate financing.

3. The specific simplified cost system adopted is the one set out in Article 14.2 of Regulation (EU) No 1304/2013, which provides that a flat-rate amount of up to 40% of the direct costs of staff may be used eligible to finance the remaining eligible costs of the operation. On the basis of the above, the total eligible cost of an operation must be the sum of the direct costs of the operation and of the amount equal to 40% of these direct costs.

Beneficiaries will have to specify in an express manner the type of direct and indirect expenses that will represent the remaining eligible expenses, other than those of staff.

4. The beneficiary entities shall request the reimbursement of the AP-POEJ aid on account of the costs incurred and paid. To this end, they shall provide the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities, with the information required to them, by means of a computer system for monitoring the expenditure of the projects, as well as the documentation to be determined in the instructions for the application and development of these bases, which shall be adopted by resolution of the said Directorate-General.

5. The beneficiary entities shall provide the Intermediate Body with the information to enable the results of the actions of each operation to be monitored, in accordance with the instructions for the implementation and development of these bases. by the is drawn up.

6. The Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Authorities, in accordance with the management and control system provided for in Chapter I; Title I of the general provisions of Regulation (EU) No 139/2014. 1303/2013 of 17 December 2013 shall justify the expenditure of projects, duly certified by the beneficiary entities, to the Management Authority for the purpose of reimbursement of the aid concerned.

7. The final settlement of the aid will be requested from the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities by the beneficiary entities, and must prove the implementation of the subsidized project. by the submission of the documents to be determined in the Instructions for the application and development of this rule, which shall indicate the maximum time limit for referral.

Article 8. Modification.

1. The amendments to the subsidised projects which need to be carried out during the implementation period may not alter the purpose of the grant granted or the objectives of the grant. The amount of the eligible total budget approved and the amount of the grant awarded shall also be respected. In the event of higher expenditure, excess over the amounts indicated shall be borne exclusively by the beneficiary entities, and may be entered in the budget as ineligible expenditure.

2. The beneficiary entities shall request compliance with the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Entities, in order to carry out any of the following modifications:

a. Inclusion of new itineraries in the project.

b. Replacement of planned itineraries in the project by new ones.

c. Substantial modification of the content of the itineraries.

Article 9. Subcontracting. Other aids.

1. Under the terms of Article 29 of Law 38/2003 of 17 November, General of Grants, the beneficiary entities may arrange with third parties for the total or partial realization of the project's subsidized activities. It is beyond this concept that the costs incurred by the beneficiary entities for the actual performance of the subsidised activity are to be contracted. Subcontracting may reach 100 per 100 of the eligible project budget.

2. In accordance with Article 6, the approved projects to be financed under this aid shall not be eligible for funding from other Community funds.

In case of other aid, the sum of all the aid, including the present, shall in no case be such that it exceeds the cost of the approved project.

Article 10. Failure to comply with the conditions imposed for the granting of the aid and re-integration.

1. Failure to comply with the conditions imposed by the granting of the aid, or failure to comply with the national or European rules applicable to it, will give rise to the nature and causes of the non-compliance and it has an impact on the objective pursued, the total or partial cancellation of the grant, in such a way that the aid requested will not be reimbursed or, if it has already been produced, will be reimbursed.

2. In the case of partial implementation, the Directorate-General for the Coordination of Competences with the Autonomous Communities and the Local Authorities shall determine the amount of aid to be recovered by the beneficiary or, where appropriate, to be reintegrated. the principle of proportionality, in the light of justified costs and accredited actions.

In this way, it will be considered, in any case, as a total default by the beneficiary, an execution, in terms of indicators approved for the co-financed project, less than 50%, with the consequence of total loss of the right to grant, and the total reimbursement of the amounts received.

Above 75% it will be understood that the objectives have been met, without any penalty. Where the execution is equal to or greater than 50% and less than 60%, a financial correction of 15% shall apply on the eligible eligible cost. In the case of execution equal to or greater than 60% and less than 75%, the correction shall be 10%.

In either case, only the grant payment for effectively paid and verifiable expenses will be made.

Final disposition first. Enforcement powers.

The Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities is empowered to dictate how many resolutions and instructions are accurate for the compliance and effectiveness of the present order.

Final disposition second. Legal reference.

The references made in this order to Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall be construed as references to Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations, when it is in force.

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, July 27, 2016.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.