Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the European Aid Fund for the most deprived persons establishes the resources for that Fund available for the period 2014-2020, the annual breakdown and the allocation per Member State. Article 4 provides that the Fund shall finance national programmes which distribute to the most deprived persons food and/or basic material assistance through partner organisations selected by the Member States.

The objectives of the Fund are to promote social cohesion, to strengthen social inclusion and, therefore, to contribute to achieving the objective of eradicating poverty in the Union which aims to achieve the goal of reducing by less than 20%. The number of people at risk of poverty and social exclusion, in line with the Europe 2020 strategy. The European Aid Fund for the Most Deprived (FEAD) will contribute to achieving the specific objective of alleviating the worst forms of poverty by providing non-financial support to the most deprived persons in the form of food and/or basic material assistance and social inclusion activities for the most deprived persons.

The European Commission, by Implementing Decision of 17 December 2014, approved the Operational Programme on Food Aid for the request for assistance from the FEAD in Spain (CCI 2014ES05FMOP001). The actions envisaged by the Programme, mainly aimed at addressing food deprivation, will be co-financed by the FEAD by 85 percent and 15 percent by the national budget.

In this programme, it is established that the Management Authority of the Operational Programme is the Deputy Director General of Management of the General Subdirectorate of the Administrative Unit of the European Social Fund (UAFSE), attached to the Dirección General de Trabajo Autonomo, de la Economía Social y de la responsabilidad Social de las Empresas del Ministerio de Empleo y Seguridad Social. The Ministry of Agriculture, Food and Environment, through the Spanish Agricultural Guarantee Fund (FEGA) and the Ministry of Health, Social Services and Equality, through the General Directorate of Family and Children's Services, are The Intermedial Management Agencies of the Operational Programme.

In accordance with the Spanish Operational Programme for Food Aid, the Ministry of Health, Social Affairs and Equality is entrusted with the implementation of the "accompanying measures". The FEGA, as the Intermediate Management Agency, has been allocated, inter alia, to the purchase and distribution of food by means of a public tender procedure. The FEGA purchases the food from the contracting companies, which supply them to the storage and distribution centers that the Associated Organizations of Distribution (OAD) have throughout the Spanish territory. These OADs with a national dimension will be the ones that repair the food to the partner organizations of distribution (OAR), which will directly deliver the food to the target people. The FEGA, in accordance with the operational programme, shall be responsible annually for the selection of the OADs and to authorize the OAR participants in the programme, for which the conditions for this participation should be established.

Article 3.14 of Royal Decree 1441/2001 of 21 December 2001 approving the FEGA Statute provides, inter alia, for those arising from its status as an intermediary for the management of the European Aid Fund. for the most deprived persons, in accordance with the provisions of Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014.

Based on all of the above, the centralized management of these grants is essential, due to the nature of the eligible nature, as it is a national, non-profit, and the activities eligible for social interest and to ensure the same possibilities for obtaining the potential recipients, in accordance with the case-law of the Constitutional Court, and shall be carried out by the Ministry of Agriculture, Food and Environment, through the FEGA. The nature of the aid which is now being granted cannot be seen as a territorialisation which is impossible: on the one hand, because centralisation is the only method which makes it possible to ensure that the budgetary ceilings which the Kingdom of Spain is allocated in accordance with the internal allocation of the provision of funds from the financial instrument, on the other hand, because, since it is necessarily OAD at national level, it cannot be established as a connection point from the point and time of its Nature is the only one that allows to comply with the general purposes for which these are instituted grants, thereby guaranteeing equality in the possibilities for the collection of funds and the effective achievement of the purpose for which this specific subvencional line is addressed.

Consequently, the centralised management of these grants is essential, as the Spanish Operational Programme is aimed at combating food deprivation. The process of distributing food to the most disadvantaged people starts with the purchase of food by the FEGA, through a process of public bidding. Food purchased by the FEGA will be distributed throughout the national territory through storage and distribution centers that OAD has in all provinces, Ceuta and Melilla. The OADs shall be the ones that distribute the food to the OARs, which shall deliver it directly to the target persons. As a consequence of the great complexity of the food supply procedure, the short term for the food supply, the number of companies involved in the operation, the quantity of food to be supplied by the food, a common logistics throughout the territory of the State. In addition, food must reach all beneficiaries under the same conditions, time and form.

There is no territorialization because the OADs have to have centralized structure and implementation throughout the national territory. It is not many who can meet these requirements and it is impossible to establish a connection point because by its very nature and structure they must operate throughout the national territory without exceptions and in coordination from a single centre. The recipients of such aid are the OADs, not the final OARs.

The food purchase procedure and its supply is simultaneous across the State. Therefore, the designation of the OADs must also be done simultaneously with the procedure for the invitation to tender for the purchase of the food, so that the supply of the same to the storage and distribution centres of the OADs is carried out coordinately.

By virtue of Article 26.2 (c) of Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014, administrative, transport and administrative expenditure may be received from the operational programme. storage supported by partner organisations in the form of a lump sum equivalent to 5 per cent of food purchase costs.

In addition, Commission Delegated Regulation (EU) No 1255/2014 of 17 July 2014 supplementing Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the European Aid Fund for the most deprived persons, by establishing the content of the annual reports and the final implementation report, including the list of common indicators, establishing common indicators to be communicated to the Commission European Commission, in order to ensure proper monitoring of the implementation of the programme and its contribution to the specific objectives of the FEAD. Some of these indicators should be provided by the organizations participating in the program.

In the processing of this order they have issued their mandatory reports the State Advocate and the Intervention Delegate in the FEGA, in accordance with the provisions of article 17.1 of Law 38/2003, of 17 November, General of Grants, and the autonomous communities and representative entities of the sectors concerned have been consulted.

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

Article 1. Object.

1. The purpose of this order is to lay down the basis for the subsidies, on a competitive basis, to cover the administrative, transport and storage costs incurred by the associated organisations. distribution (hereinafter OAD) of food in the framework of the Operational Programme on Food Aid from the European Aid Fund for the Most Deprived (hereinafter FEAD) in Spain.

2. It also lays down the requirements and obligations to be met by the organisations benefiting from the grant, i.e. the OADs and the requirements and obligations of the partner organisations involved (hereinafter OAR) to which they are responsible. The OAD distributes food.

3. The authority responsible for the approval of the call will be the Presidency of the Spanish Agricultural Guarantee Fund (hereinafter FEGA), which will be responsible, as the main task, for the purchase of food by means of a public tender procedure and designate by public resolution the OAD, which will distribute the food to the OARs, which will deliver the food directly to the target persons.

Each call may correspond to one or more exercises, in which the corresponding Food Aid Programmes will be carried out, in accordance with European Union legislation.

Article 2. Definitions.

For the purposes of this order, the definitions laid down in Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the European Fund for persons shall apply. more disadvantaged.

Also, it is understood by:

1. Most deprived person: Individuals, families, households or groups who are in a situation of economic poverty, as well as the homeless and other people in a situation of special social vulnerability. These circumstances shall be determined by means of a report from the public social services or the organisations participating in the programme, provided that the latter have social or professional workers who perform similar functions. The presentation of the social report will not be necessary, in cases where the distribution of food is carried out in social canteens or homeless people.

2. Distribution partner organisations (OAD): Non-profit organisations with a national dimension, who receive food, purchased by the FEGA, from the supply companies in their storage and distribution centres (hereinafter "CAD") they have been awarded the tenders and distribute them to the OARs.

3. Partner organisations for distribution (OAR): Non-profit organisations which receive food from the OADs and deliver them directly to the most deprived persons, together with accompanying measures. Such delivery may be performed in two ways:

a) By delivering lots of food.

b) By preparing prepared meals, to be consumed in their facilities (consumer entity).

4. Accompanying measures: A set of actions aimed at promoting the social inclusion of the most deprived persons receiving food aid. All OARs will provide basic information on the closest social resources. The implementation of these measures corresponds to the Ministry of Health, Social Services and Equality.

Article 3. Beneficiaries and requirements.

1. They may be beneficiaries of the grants that are regulated in this order, the OADs as defined in Article 2.2, which will distribute the food to the OARs, which will deliver them to the most deprived persons.

2. The OADs shall meet the following requirements:

(a) Be legally constituted and, where appropriate, duly registered in the relevant administrative register.

b) Profit for profit.

c) Being nationally.

(d) Having statutes related to the provision of social assistance for disadvantaged persons with profiles similar to those of the FEAD.

e) Dispose of sufficient administrative, operational and financial structure and capacity to bring food to the OAR and to be able to track them.

f) To be kept abreast of tax and social security obligations.

3. The organizations in which one of the circumstances contained in Article 13.2 and 3 of Law 38/2003 of 17 November, General of Grants, shall not be eligible for the regulated grants shall not be eligible.

Article 4. Incompatibility of the grant.

These grants are incompatible with any other aid coming from the European Union, as well as any aid, revenue or resources from any government or public or private, national or international bodies, for the same purpose.

Article 5. Assessment criteria.

1. The evaluation of the applications submitted by the OADs shall be carried out in accordance with the following objective criteria and scale:

a) Experience in previous aid schemes related to the distribution of food to the most deprived persons, as well as in other similar food aid programmes financed from public funds. (maximum 14 points):

1. Experience in the distribution of food to other entities in aid plans financed by the European Union. (maximum 14 points).

2. Experience in the distribution of food to other entities in aid plans financed from public funds of non-Community origin. (maximum 10 points).

b) Total quantity of food, expressed in kilograms, which has been distributed to disadvantaged people, at national level, annually, in the last three years. In order to score this criterion, at least 14 million kg of food per year must have been distributed over the last three years. (maximum 10 points):

1. º 24 million kilos or more per year (10 points).

2. º 14 million kilos per year (5 points).

3. º In the span between the two intervals, the formula shall be applied and = ½ x-2, where "x" is the total quantity of food, expressed in kilograms, and "and" the points obtained.

c) Having sufficient storage capacity for the execution of the programme, the total storage volume being valued at the disposal of the annual programme, specifying, for each of the storage centres, including those located in Ceuta and Melilla, the province in which they are located and their capacity in cubic meters. (maximum 10 points).

d) Having a territorial distribution of the appropriate warehouses at the provincial level, including the autonomous cities of Ceuta and Melilla, valuing the existence of warehouses in at least 80 percent of the provinces Spanish, Ceuta and Melilla. (maximum 10 points):

1. Stores in 80 percent-85 percent of the Spanish provinces, Ceuta and Melilla: 5 points.

2. Stores in 85 percent-90 percent of the Spanish provinces, Ceuta and Melilla: 7 points.

3. Stores in more than 90 percent of the Spanish provinces, Ceuta and Melilla: 10 points.

e) Dispose of the human and material resources necessary for the development of the annual program, in particular, administrative and logistic personnel, computer equipment, Internet connection and machinery for unloading and food handling. (10 maximum points).

f) Dispose of a self-control and monitoring program that allows the monitoring and control of operations related to the management of the annual program (5 points).

2. In order to be able to access the regulated grants in this order, a minimum of 40 points must be obtained and at least half of the maximum points possible in each criterion.

3. Depending on the outcome of the assessment, the FEGA shall establish the percentage of food supply to be made available to the associated organisations selected for distribution. This percentage shall determine the subsidy to be allocated to each organisation, as detailed in Article 10.

Article 6. Requests, deadlines and documentation.

1. The applications will be addressed to the President of the FEGA and will be presented in the General Register of the Agency C/ Beneficencia n. º 8 of Madrid, or in any of the places provided for in article 38.4 of Law 30/1992, of November 26, of Regime Legal of Public Administrations and of the Common Administrative Procedure.

The electronic submission of applications and supporting documentation will also be permitted, as provided for in Law 11/2007, of 22 June, on the electronic access of citizens to public services.

2. The application shall be completed in accordance with the model of the instance which shall be annexed to the call.

You will be accompanied by the following documentation:

(a) Supporting documentation of the organization's constitution and its purposes (duly legalized statutes, registration certification).

(b) A commitment to contract an insurance policy covering the damage that may occur from the receipt of the food to delivery to the OAR and/or the most deprived persons. The following risks shall be covered: flooding, fire, theft, exposure and deterioration due to extraordinary causes.

c) A commitment to distribute food free of charge to OARs assigned and authorized by the FEGA.

d) Report on the proposal for the participation of the organisation in the annual programme of food aid to the most deprived persons in Spain, containing at least the information referred to in Article 5.

e) Any other documentation that is required in accordance with the call, to address the specificities of the corresponding annual food aid program.

(f) Statement responsible for the legal representation of the requesting entity that the entity is aware of its tax and social security obligations, as set out in Article 24.7 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, of July 21.

g) Statement responsible for the legal representation of the requesting entity that the applicant is not involved in the prohibitions in order to obtain the status of beneficiary of grants established in the Article 13 (2) and (3) of Law 38/2003 of 17 November.

3. The time limit for the submission of applications shall be as set out in the relevant call, which may not exceed one month from publication.

Article 7. Ordering and instruction of the procedure.

1. The management and instruction of the procedure shall be carried out by the General Subdirectorate of Market Regulation of the FEGA.

2. The examination and assessment of applications shall be carried out by a valuation committee consisting of the following members:

a) President: The Deputy Director General of Market Regulation.

b) Vocals: three FEGA officials appointed by the President of the FEGA.

(c) Secretary: a Head of Area of the General Subdirectorate for Market Regulation of the FEGA, appointed by the President of the FEGA, who shall act with a voice but without a vote.

3. The Commission shall adjust its operation to the arrangements laid down for the bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992.

4. The performance of the valuation fee shall be carried out with the material and personal means available in the FEGA.

5. The valuation commission, in accordance with Article 24 of Law 38/2003 of 17 November, General of Grants, making use of the criteria set out in Article 5, shall issue a report in which the result of the assessment carried out.

6. The instructor, in the light of the dossier and of the report issued by the collegiate body, shall draw up the proposal for a provisional, duly substantiated, decision to notify the applicants, giving them a period of 10 days to submit allegations. The proposal shall contain a list of applicants for whom the aid is proposed and their amount.

Article 8. Resolution.

1. In order to examine the arguments, if appropriate, the instructor will make the final decision, in accordance with the provisions of Article 22.1 and Article 24 (4) of Law 38/2003 of 17 November, and raise it to the Court of Justice. President of the FEGA, who will deliver resolution.

2. The resolution, in accordance with each call, may correspond to the grant of the grant during one or more exercises, in which the corresponding Food Aid Programmes will be carried out, in accordance with the rules of the European Union. It shall contain a list of the applicants for whom the aid is proposed and the amount of the aid, as well as the applicants for whom the grant is refused, with an express indication of the reasons.

3. 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.

Against the grant resolution of the grant may be brought before the Minister of Agriculture, Food and the Environment.

Article 9. Duration of the procedure.

The maximum period for the resolution and notification of the procedure shall be six months from the date of publication of the relevant call.

After that period, without the express resolution being notified, the request for aid may be understood to be dismissed, for administrative silence, without prejudice to the obligation to issue express resolution.

Article 10. Amount of subsidy.

1. In accordance with Article 26.2. of Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014, the total amount of the subsidy shall be 5% of the expenditure on the purchase of food in the appropriate annual food programme.

2. The subsidy corresponding to each OAD in the annual food aid programme shall be 5 per cent of the purchase costs of the food provided by the FEGA for distribution to the OARs, on the basis of the percentage of supply, as a result of applying the assessment criteria set out in Article 5.

Article 11. Obligations of the beneficiary organisations (OAD).

The beneficiaries of this aid will be obliged to comply with the provisions of Article 14 of Law 38/2003 of 17 November, in particular:

(a) Receiving the food allocated in the program, in the amounts and time limits approved by the FEGA, keeping them in adequate storage conditions.

b) Deliver to OAR, food free of charge in the amounts and time-limits approved by the FEGA.

(c) In the framework of the annual programme, and before each distribution phase, the OADs should submit to the FEGA an OAR ratio for which they have verified compliance with the requirements set out in Article 12 of this order, for this to proceed to your authorization.

Throughout the development of the program, they will be responsible for verifying compliance by the OAR to those who deliver the food, the requirements and obligations that they must comply with and which are established in the items 12 and 13 of this order.

d) Notify the FEGA immediately, any incident that occurs in the development of the program and collaborate in its resolution, as well as any modification in its data.

(e) Collaborate with the competent authorities, duly accredited, in carrying out control actions, in order to monitor the distribution of food to the authorized OARs, in particular by providing them with access to where food is stored and distributed and the information that justifies the destination of the food is stored and distributed.

f) Archive all documentation related to the annual program for the five years following the completion of that program.

g) Use in the management of the distribution of the food that is assigned the IT application that the FEGA will make available to it.

(h) Expose clearly on its premises, in a place easily visible to the public, an information poster, including the words "Programme of assistance to the most deprived persons" and the emblem of the FEAD, whose model will be provided to the effect.

i) Offer on their websites, if available, a brief description of the programme, which includes their objectives and results and highlights the financial support received from the European Union.

(j) It shall be available to provide information on the indicators of results for distributed food aid, as set out in the headings (12), (13), (14) of the Annex to Delegated Regulation (EU) No Commission Regulation (EC) No 1255/2014, as well as other information requested by the competent authorities. The total number of persons receiving assistance shall be established by an estimate of the associated organisations ' knowledge of the total number of persons receiving assistance. It is neither expected nor required to be based on information provided by the final beneficiaries.

k) Promoting equality between men and women and non-discrimination on the grounds of sex, race and ethnic origin, religion or belief, disability, age or sexual orientation in access to aid, as well as ensuring that it is respected the dignity of the most deprived persons, in accordance with the provisions of Articles 5.11 and 5.14 of Regulation (EU) No 223/2014 of the European Parliament and of the Council.

l) To comply with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

m) To carry out an accounting system other than the eligible expenditure actually incurred under Article 32.4.b of Regulation (EU) No 223/2014 of the European Parliament and of the Council.

n) Any other necessary, to address the specificities of the corresponding annual food aid programme.

Article 12. Requirements of the supporting partner organisations (OAR).

OAR in charge of the distribution of food from the programme to the most deprived persons must meet the following requirements:

(a) Be legally constituted and, where applicable, duly registered in the relevant administrative register at the time of submission of the requests for participation.

b) Profit for profit.

(c) Having statutes related to the provision of social assistance for disadvantaged persons with profiles similar to those of the FEAD.

d) Dispose of administrative, operational and financial capacity to carry out the free distribution of food among disadvantaged persons, in accordance with the requirements laid down in this order and in the call.

e) To reach a minimum of 20 disadvantaged people. In the case of OAR which covers a minimum of 10 persons and a maximum of 19, its participation may be accepted only when the same municipal term is the only existing OAR.

Article 13. Obligations of the supporting partner organisations.

OAR in charge of food distribution of the food aid programme to disadvantaged persons shall fulfil the following obligations:

(a) Making food available to the most deprived persons free of charge, either by making meals prepared to be consumed on the premises of the organisation or by direct delivery of lots of food.

b) Develop the accompanying measures implemented by the Ministry of Health, Social Services and Equality. All OARs will provide basic information on the closest social resources.

However, these accompanying measures will not be mandatory in cases where food is provided exclusively to the most disadvantaged children in childcare centres or similar entities.

(c) Provide information on the results indicators, relating to the distributed food aid, as set out in the headings (12), (13), (14) of the Annex to Commission Delegated Regulation (EU) No 1255/2014. The values relating to point 14) 'Total number of persons receiving aid' shall be established by means of an estimate with knowledge of the associated organisations. It is neither expected nor required to be based on information provided by the final beneficiaries.

d) Meet the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

e) Collaborate with the competent authorities, duly accredited, in carrying out control actions, in order to monitor the correct distribution of food from the Food Aid to the most (a) to facilitate access to the premises where food is stored and to be consumed or repaired, and to the development of the basic monitoring measure for information on the closest social resources, in particular by providing them with access to the premises where food and food are stored and consumed; information that justifies the final destination of food and the delivery of information on resources nearest social partners.

(f) Keep the documents and supporting documents related to the Food Aid Programme for a minimum period of five years, allowing the competent authorities and the OADs to access them for the purposes of carrying out the necessary controls.

g) Withdraw food on the date, time, and place of the OAD that corresponds to it.

h) Return to the OAD that corresponds to the food that they will not use, with sufficient time to their expiration so that they can be redistributed to other organizations.

i) Do not give food from the program to any other organization, even if it is also authorized to distribute food from the Program, unless such assignment is duly justified and authorized by the OAD.

j) Communicate to the relevant OAD, as soon as possible, any type of incidence in the distribution, without taking any decision without the consent of such organization.

(k) Justify the number of disadvantaged persons who declare to attend, by means of a report from the public social services or the organisations participating in the programme, provided that the latter have employees social or professional who perform similar functions. The presentation of the social report will not be necessary, in cases where the distribution of food is carried out in social canteens or homeless people.

(l) In the case of OARs which deliver lots of food to disadvantaged persons, have an up-to-date list of persons receiving the food from the programme, as well as the supporting documents of the the delivery of the same duly completed, the models of which shall be established in the call.

(m) Expose clearly in its premises, in a place easily visible by the public, an information poster, including the mention of the programme of aid to the most deprived persons and the emblem of the FEAD, which will be facilitated by the OAD to the effect.

n) Promoting equality between men and women and non-discrimination on the grounds of sex, race and ethnic origin, religion or belief, disability, age or sexual orientation in access to aid, as well as ensuring that it is respected the dignity of the most deprived persons, in accordance with Articles 5.11 and 5.14 of Regulation (EU) No 223/2014 of the European Parliament and of the Council.

Article 14. Request for OAR participation in the program.

1. The OARs wishing to participate in the programme shall submit to one of the OADs, in the case of several, a single application which is in accordance with the model provided for in the call.

2. In the event that the OAR is to carry out both forms of distribution, through the delivery of lots of food and by the preparation of meals prepared to be consumed on the premises of the organization, it will complete a request for each type of distribution. In this case, two different OARs shall be considered for all purposes.

Article 15. Authorizations and interruptions to participation in the OAR program.

1. The FEGA shall be the body responsible for authorising or interrupting the participation of the OARs. At the beginning of each food supply of the program, the FEGA will authorize the participation in the OAR program proposed and verified by the OAD.

The authorized OAR relationship resulting from these procedures will be published on the FEGA website (www.fega.es).

2. At the beginning of the food supply, the FEGA may reassign each of the designated OADs, the OARs to which they shall deliver the food from the programme, taking into account their distribution capacity.

3. The FEGA shall interrupt the participation in the food distribution program to the OARs that do not comply with the requirements and obligations established in this order, and those OAR that so request, through their OAD.

Article 16. Food distribution within the framework of the annual programmes.

1. The final amount of food to be supplied within the annual programme shall not be known until the FEGA resolves the award of the tendering procedures for the performance of the supply.

2. Once the final amount of food to be distributed in the annual program is known, the FEGA will perform its provincial distribution, assigning to each OAD the corresponding quantity according to its percentage of supply, in those provinces in that operates more than one organization.

3. The EFGA may adapt these percentages throughout the implementation of the programme, in the light of its development and to ensure its proper functioning.

Article 17. Advance and guarantee.

1. Payment advances may be made, up to 60 percent of the 5 percent of the food purchase expenses that the FEGA will make available to the OAD.

2. They may submit an application for an advance, once they have been designated as beneficiaries of the grant, subject to the lodging of a guarantee, by means of guarantees or credit and security, in accordance with the models to be established in the call for tenders. in the General Deposit Box, for an amount of 100 percent of the amount requested. Such application shall be submitted within a maximum of one month from the date of notification of its designation as OAD.

3. The FEGA shall pay the advance requested within a maximum of one month, from the filing of the application, which shall be accompanied by the original safeguard issued by the General Deposit Box, as proof of the lodging of the guarantee.

4. The cancellation of the guarantee shall be made in accordance with the provisions of Article 52 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

Article 18. Eligible expenditure.

1. The administrative, transport and storage costs incurred by the OAD shall be eligible, in the form of a lump sum equivalent to 5% of the cost of buying food, as a result of the food provided to their provision for distribution to the OAR in the food aid programme.

2. They may not receive such aid from the expenditure referred to in Article 26.4 of Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the European Aid Fund for the most deprived persons.

Article 19. Justification of expenses and payment.

1. Within the maximum period of three months, from the date of completion of the last supply of the annual food programme set out in the call, the OAD shall apply to the FEGA for the grant of the grant.

2. The OAD shall submit, accompanying the application for payment, an affidavit to have received and distributed to the OARs the totality of the food that was supplied to it by the FEGA. In any event, the FEGA may carry out all the checks deemed appropriate to verify that the operation of reception and distribution of the food supplied to the OAD has been carried out conveniently and, the objectives of the aid that is granted have been met.

3. The payments shall be made within three months of the submission of the application. In the event of a defect in the application or supporting documentation submitted, this period may be suspended by notification to the organisation, for clarification, under-ation or submission of additional information, and the provisions of the Article 76 of Law No 30/1992 of 26 November, with the time limit of ten days to be counted from the receipt of the notification.

Article 20. Monitoring and control.

1. The FEGA shall take all necessary steps to monitor and properly develop the programme. To this end, it may suspend the total or partial participation of the associated distribution or distribution organisations in the light of the nature and seriousness of the breaches or irregularities detected.

2. The FEGA shall draw up a control plan. Within the framework of this plan, the FEGA or the authority designated by it may carry out the checks to be established in the plan. Targeted checks may be carried out where there are prima facie evidence of fraud or irregularity.

Article 21. Amendment of the resolution and obligation to return.

Any alteration of the conditions taken into account for the grant of the grant shall give rise to the modification of the grant.

The total or partial non-compliance with the requirements set out in this order and other implementing rules, shall give rise to the obligation of full or partial reimbursement plus the corresponding legal interests, without prejudice to the infringements and penalties in which they may incur, in accordance with Articles 52 et seq. of that Law.

Likewise, in accordance with the provisions of Article 17.3.n) of Law 38/2003 of 17 November, if the beneficiary does not carry out 100% of the activity covered by the aid, it shall only receive the proportion of the aid in proportion to the performed.

Article 22. Funding.

1. The financing of the administrative, transport and storage costs incurred by the OADs will be co-financed by the FEAD by 85 percent and 15 percent by the national budget.

2. The granting of the aid is subject to adequate and sufficient credit at the time of the decision to grant the aid.

Single additional disposition. Applicable rules.

In all cases not provided for in this order, Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014, Law 38/2003 of 17 November 2014, General of Grants, as well as the Royal Decree of 11 March 2014, shall apply. Decree 887/2006 of July 21, for which the Regulation of Law 38/2003 is adopted.

Final disposition first. Competence title.

This order is issued in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. economic.

Final disposition second. Entry into force.

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

Madrid, October 15, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.