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Royal Decree 276/2016, Of 24 June, Which Establishes The Regulatory Bases Of The Subsidies For The Development Of New Markets And Promotional Campaigns For Fisheries And Aquaculture Products.

Original Language Title: Real Decreto 276/2016, de 24 de junio, por el que se establecen las bases reguladoras de las subvenciones para el desarrollo de nuevos mercados y campañas de promoción de los productos de la pesca y de la acuicultura.

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actions that meet the requirements of Article 3.

Article 2. Payee requirements.

1. Non-profit entities, representative of the extractive and commercial fisheries and aquaculture sector, alone or associated with the effect, at national or national level, may be beneficiaries of the grants covered by this Royal Decree. supraautonomic.

2. The entities in which one of the circumstances referred to in Article 13.2 and 3 of Law 38/2003, of 17 November, General of Grants, shall not be eligible for grants shall not be eligible.

Article 3. Requirements for eligible actions.

1. Actions to which the measures provided for in Article 68 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on regional, national or regional campaigns are eligible shall be eligible. transnational promotion and information to the consumer on the characteristics of fishery products and aquaculture.

2. Actions may take the form of a multi-annual programme with a maximum duration of 24 months, however, those proposals which are limited to repeating the same action in the same place shall not be considered as multiannual.

3. Eligible actions may be carried out in or outside the national territory. Those carried out in the national territory shall have supra-regional scope.

4. This aid will only be used for actions carried out from 2 January 2016.

However, on the basis of this date, each call shall establish the date of commencement and completion of the implementation of the actions to be awarded, for the year or period concerned.

Article 4. Eligible expenditure and subcontracting.

1. Expenses that are directly related to the actions for which the grant is awarded and provided that they are included in the memory of the application submitted, shall be considered eligible, including:

(a) The organization and participation in fairs, congresses, events, seminars and exhibitions, and the rental of information spaces in them, as long as their expenditure does not assume more than 80 percent of the total amount of expenditure eligible.

(b) The expenditure of advertising agencies and other service providers involved in the preparation and implementation of actions, provided that their expenditure does not involve more than 80% of the total amount of expenditure eligible.

c) The purchase of advertising spaces in mainstream audiovisual media, such as written press, television, radio, film, Internet, sponsorships, magazines, among others, that are not inventorable goods, always and where their expenditure does not amount to more than 80% of the total amount of eligible expenditure.

d) The creation of slogans or march, as long as their spending does not amount to more than 80 percent of the total amount of eligible expenditure.

e) Material editing expenses, as long as their expense does not amount to more than 80 percent of the total amount of eligible expenditure.

(f) The recruitment of external staff, provided that their expenditure does not amount to more than 80% of the total amount of eligible expenditure.

g) The completion of market surveys or surveys for the opening of new international markets, provided that their expenditure does not account for more than 80% of the total amount of eligible expenditure.

h) Product acquisition for tastings, as long as their expense does not account for more than 10 percent of the total amount of eligible expenditure.

i) Promotional items as long as their spending does not account for more than 10 percent of eligible expenditure.

j) Use of new information and communication technologies, provided that their expenditure does not account for more than 80% of the total amount of eligible expenditure.

2. The costs of maintenance and displacement resulting from the development of the planned actions will be quantitatively limited by the provisions of Royal Decree 462/2002 of 24 May on compensation for the service.

3. The operating costs of the beneficiary shall not be eligible.

4. In accordance with the provisions of Article 31.8 of Law 38/2003 of 17 November, any taxes imposed and paid for the implementation of the eligible actions shall be eligible. In no case are indirect taxes considered to be eligible for indirect taxes where they are eligible for recovery or compensation, or personal income taxes.

5. In accordance with Article 31.3 of Law 38/2003 of 17 November, where the amount of eligible expenditure exceeds EUR 18,000 without VAT, in the case of the supply of goods for equipment or the provision of services by undertakings of consultancy or technical assistance, the beneficiary shall request at least three offers from different suppliers, prior to the contraction of the commitment for the provision of the service or the delivery of the goods, except for special characteristics of the eligible expenditure does not exist on the market sufficient number of entities that supply or lend to it. The choice between the tenders submitted, which must be provided in the justification or, where appropriate, in the application for the grant, shall be made in accordance with the criteria of efficiency and economy, and must be expressly justified in a choice when it is not the most advantageous economic proposal.

6. In accordance with Article 29 of Law 38/2003 of 17 November, an subcontracting limit is established which may not exceed 95% of the amount of the action supported.

7. Where all or any of the concerted actions with third parties exceed 20% of the amount of the subsidy and the amount exceeds EUR 60 000, subcontracting shall be subject to the following requirements:

a) That the contract be concluded in writing.

b) That the celebration of the same be authorized in advance. The beneficiary shall communicate the subcontracting contract to the Food Industry Directorate-General of the Ministry of Agriculture, Food and the Environment for the purposes of the authorization referred to in Article 29.3.b of the Law. 38/2003, dated November 17. One month after receipt of such communication without receiving a reply, the latter shall be deemed to be authorised.

8. A contract may not be split in order to reduce the amount of the contract and to avoid compliance with the requirements laid down in the previous paragraph.

Article 5. Financing and the amount of aid.

The funding of the grants provided for in this royal decree will be made:

1. With the credit olass="parrafo">This royal decree aims to establish the regulatory basis for the granting, under competitive competition, of grants for actions aimed at finding new markets and improving the conditions for the marketing of fishery and aquaculture products and the implementation of regional, national or transnational campaigns for the communication and promotion of fishery and aquaculture products, as provided for in the Article 68 (1) (b) and (1) (g) of Regulation (EU) No 508/2014 of the European Parliament and of the Council Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007, and Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 16 December 2011 on the European Parliament and the Council, where they are promoted by beneficiaries who meet the requirements of Article 2 and areAdministration, and which will be designated as the recipient of the grant. The document shall expressly contain the implementing commitments made by each member of the grouping as provided for in Article 11.3, second paragraph of Law 38/2003 of 17 November.

d) A certified photocopy of the Statutes of incorporation of the requesting entity or entities, duly legalized, and the nominal relationship of the members of its executive and management bodies at the time of the request.

e) Statement by the representative of the entity to meet the requirements set out in Article 20.3 of Law 37/1992 of 28 December of the value added tax.

f) Credit certification of the entitlement of the account where the grant will be paid.

g) Statement of compliance with the conditions laid down in Article 10 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, according to the model to be established in the relevant model call.

5. The filing of the application by the beneficiary shall entail the authorization to the Ministry of Agriculture, Food and Environment to obtain the certificates to be issued by the State Administration of Tax Administration and the General Treasury of Social Security, as provided for in Article 23.3 of Law 38/2003 of 17 November. However, the applicant may expressly refuse the consent, and must then provide the certification in the terms provided for in Article 22 of the Regulation of the General Grant Law, approved by the Royal Decree 887/2006, July 21.

6. If applications do not meet the requirements set out in this standard, the instructor shall require the person concerned for his/her remedy, in accordance with the terms of Article 71 of Law 30/1992, of 26 November.

Article 8. Modifications.

Any modification that is intended to be made in the actions, in the suppliers or in the deadlines initially foreseen, must be brought to the attention by written to the Subdirectorate General of Food Promotion of the Ministry of Agriculture, Food and Environment with a minimum advance of seven days to the realization of the same and will require the express acceptance of said Subdirection.

Any modification that is made without having been authorized will entail the loss of the grant corresponding to the affected party. Such modification may not in any event lead to a substantial alteration of the action initially envisaged, with any change in the meaning of the objective of the grant of the subsidy being substantially altered. provided for in Article 6, in which case the total loss of the aid shall be assumed.

Article 9. Instruction and resolution.

1. The instruction of the procedure will be carried out by the Food Promotion General Subdirectorate, General Directorate of the Food Industry. To this end, it shall carry out its own initiative as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be formulated.

2. The Director-General of the Food Industry shall appoint the members of the assessment committee, which shall be composed of the following members:

(a) President: the Deputy Director-General for Food Promotion of the Food Industry Directorate-General.

(b) Vocals: two officials attached to the General Secretariat for Food Promotion of the Food Industry Directorate-General, appointed by the Director General of the Food Industry and an official of the Food Industry General Secretariat for Fisheries designated by the Director General for Fisheries Management.

(c) Secretary: an official appointed by the Director General of the Food Industry, with a voice but without a vote.

3. The establishment of the said valuation commission and its operation shall be treated with the personal, technical and budgetary means allocated to the higher body in which it is integrated, in accordance with Article 2.2. Royal Decree 776/2011 of 3 June, for the purpose of deleting certain collegiate bodies and establishing criteria for standardisation in the creation of collegiate bodies in the General Administration of the State and its Public Bodies.

Likewise, the functioning of this commission will be in accordance with the regime established for the collegiate bodies in Chapter II of Title II of Law 30/1992 of 26 November.

4. The Commission shall carry out the examination and assessment of the applications submitted. Once the applications have been evaluated, in accordance with the criteria laid down in Article 6, the collegiate body shall issue a report, which shall be forwarded to the instructor, in which the result of the assessment carried out is completed.

5. The instructor, in the light of the dossier and of the report of the collegiate body, shall make the proposal for a provisional, duly substantiated, resolution containing the list of applicants for which the grant of the grant is proposed, and its amount, as well as another relationship of the excluded applicants, specifying the reason for such exclusion, which must be notified to the parties concerned, and granted a period of 10 days to submit claims.

6. Examined, where appropriate, the arguments put forward by the interested parties, the collegiate body shall formulate the proposal for the grant of the grant, which the instructor shall raise as a final draft resolution to the Minister. The proposal for a final resolution shall be reasoned, and the basis of the resolution adopted shall be accredited in any event.

The grant award file shall contain the report of the instructor body stating that the information in its possession shows that the beneficiaries fulfil all the necessary requirements for access to the the same.

7. The competent body to be resolved shall be the holder of the department, without prejudice to the delegation of the competence.

8. The decision shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 and shall be made public as provided for in Article 18.1 of Law 38/2003 of 17 November.

9. The resolution puts an end to the administrative procedure, which may be used as a replacement within a period of one month, from the day following the publication of the decision, in accordance with Articles 116 and 117 of Law No 30/1992 of 26 May 1992. November, or to be directly challenged before the judicial-administrative court order in the form and time provided for in Articles 45 and 46 of Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction, without both resources can be interposed simultaneously.

Article 10. Maximum time to resolve and notify resolution.

1. The maximum period for resolving and notifying the decision of the procedure may not exceed six months from the publication of the extract of the order for the aid, unless its effects are postponed. to a later date, in accordance with Article 25.4 of Law 38/2003 of 17 November.

(c) Where the action is taken by several promoters associated with the effect, the document reflecting the formalisation of the agreement between the promoters, in which a representative is appointed, shall be presented, acting as an interlocutor. with the o be sent to the Subdirectorate-General Food Promotion.

Article 16. Monitoring.

1. The monitoring of investment projects under grant is the responsibility of the General Food Promotion Subdirectorate.

Entities whose projects are developed over more than one financial year will be required to conduct an annual results report, including documentation, designed items and any other evidence of execution. actions forming part of the programme, meeting deadlines and forecasts, to be submitted to the General Food Promotion Sub-Directorate on the date on which it determines the call.

2. For the purposes of verification and control of the work carried out, the Food Promotion General Subdirectorate may request the submission of any additional information it deems appropriate.

Article 17. Graduation of non-compliance and obligation to return.

1. Failure to comply with the requirements set out in the present and other applicable rules, as well as the conditions which, where appropriate, are laid down in the relevant award decision, shall give rise to the timely file of non-compliance, to the obligation to reintegrate, in whole or in part, the corresponding grants and legal interests, in accordance with the provisions of Law 38/2003 of 17 November.

It will be taken into account, for the graduation of the possible breaches of the conditions imposed by the grant of the grants, that the beneficiary will approach in a significant way to the total compliance and that this shows that it has done its best to comply fully with the commitments it made when applying for the grant.

2. The drawback, if applicable, shall be carried out in accordance with the following criteria:

(a) The non-compliance with partial objectives or specific actions of the object for which the grant was granted will give rise to the reimbursement of that part of the grant for such purposes or actions. For these purposes, defaults are graded in the following terms:

1. Very serious: consistent in the non-performance of the concrete action or failure to achieve the target at least 40 percent of the total proposed investment, will result in the total reimbursement of the grant awarded.

2. Graves: consistent with the flawed implementation of the concrete action or the deficient achievement of the partial objective, of at least 60 percent of the proposed investment, will result in the recovery of up to 50 percent of the the grant awarded.

3. Leeves: consistent with the partial objective or the concrete action or that is closely approximated to the total compliance, which will result in the recovery of up to 10 percent of the grant granted.

(b) In any event, the payment of the proportional part in the case of partial compliance shall only be carried out if the part executed effectively serves the purpose of the purpose of the present grant.

(c) Deviations in the economic performance of the project shall result in the reimbursement of an amount equal to the percentage of the grant awarded not executed.

Article 18. Return at the initiative of the recipient.

The beneficiary may make the voluntary return of the amounts received without prior request from the Administration in accordance with Article 90 of the General Grant Law Regulation, approved by Royal Decree 887/2006 of 21 July. The refund will be made in accordance with the procedure for the collection of non-tax revenues regulated by Order PRE/3662/2003 of 29 December, which regulates a new procedure for the collection of non-tax revenues. raised by the Economic and Finance Delegations and cash receipts in the Deposit Box and its branches, through the model 069 which the managing body will issue.

Article 19. Advertising.

The beneficiaries must give publicity for the grants and aid received under the terms and conditions laid down in Law 19/2013, of December 9, of transparency, access to public information and good governance.

Furthermore, the provisions laid down in the rules laid down in the field of information and publicity, detailed in Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, shall be complied with. co-financed by the EMFF.

The statement of the call for these grants will be published in the "Official State Gazette" once the text of the call and the information has been presented to the National Grant Database. required for publication in accordance with Article 17.3 (b) of Law 38/2003 of 17 November.

Single repeal provision. Regulatory repeal.

Royal Decree 994/2013 of 13 December 2013 laying down the regulatory bases for grants for the development of new markets and promotion campaigns for fishery and fishery products is hereby repealed. aquaculture.

Final disposition first. Applicable rules.

In all cases not provided for in this royal decree, Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 and the provisions of Law 38/2003 of 17 November and its Rules of Procedure shall apply. approved by Royal Decree 887/2006 of 21 July.

Final disposition second. Legislative references.

The references contained in this rule to Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and to Law 11/2007, of June 22, of Electronic Access of the citizens to the Public Services, will be understood as made to the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, and to the Law 40/2015, of October 1, of the Legal Regime of the Public Sector, in function of the subject matter which they regulate, when their entry into force occurs.

Final disposition third. Competence title.

This royal decree is dictated in accordance with the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 24, 2016.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

rt of the events organized, if any.

g) A justification for the activities carried out in the model that will collect the call for grants.

2. The actions carried out shall be justified by the total amount of the shares. The beneficiary shall present a certificate indicating the origin and application of the funds intended to cover the supported actions, in accordance with the forecast made in the financing plan. In the event that the justified cost is lower than that submitted for the grant of the subsidy, it will be reduced accordingly.

Article 15. Partial payments and justification.

Where the projects submitted have a planned duration of more than one financial year, the subsidy for each annuity shall be paid on a single payment at the end of the financial year, subject to justification of the expenditure corresponding to that annuity by means of invoices and supporting documents for payment, detailed and broken down by action in accordance with Article 14 and a partial implementation report t