Order Aaa/2205/2015, On 15 October, By Which Establish The Regulatory Bases Of The Partner Organizations Of Distribution Subsidies, To Cover Administrative Costs, Transport And Storage Of Food In The...

Original Language Title: Orden AAA/2205/2015, de 15 de octubre, por la que se establecen las bases reguladoras de las subvenciones a las organizaciones asociadas de distribución, para sufragar los gastos administrativos, de transporte y almacenamiento de los alimentos en el ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11387

Regulation (EU) No. 223/2014 of the European Parliament and of the Council of March 11, 2014, on the background of European aid for the most disadvantaged, provides resources for the Fund for the period 2014-2020, the annual breakdown and the allocation by Member State. In article 4, it has the Fund to finance programmes that distribute most deprived persons food and/or basic material assistance through partner organizations selected by the Member States.

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

The European Commission, by Decision of execution, date 17 December 2014, adopted the operational programme on food aid to the call for assistance from the FEAD in Spain (ICC 2014ES05FMOP001). Actions which includes the program, primarily aimed at addressing food deprivation, will be co-financed by the FEAD at 85 per cent and 15 per cent by the national budget.

This programme establishes that the management authority of the operational programme is the Subdirectorate-General for Deputy of management of the Subdirectorate General of the unit administrator of the Fund Social European (UAFSE), attached to the General Directorate of working autonomously, the Social economy and the Social responsibility of the enterprises of the Ministry of employment and Social Security. The Ministry of agriculture, food and environment, through the Spanish Fund guarantee Agraria (FEGA) and the Ministry of health, social services and equality, through the General Director of services for the family and children, are the intermediate bodies of management of the operational programme.

In accordance with the Spanish operational programme of food aid, the Ministry of health, Social Affairs and equality, it has entrusted the implementation of the 'accompanying measures'. The FEGA, as intermediate management body, is attributed, among other actions, the purchase and distribution of food, through a public tendering procedure. The FEGA buys food companies awarded, which supplied them to the storage and distribution centres having the associated distribution organizations (ADOS) throughout the Spanish territory. These ADO of national dimension, will be that distribute food to partner organizations of cast (OAR), which deliver food directly to target people. FEGA, according to the operational programme, will annually make the selection of the OAD and authorize the OAR participants in the program, for which the conditions for this participation should be established.

Article 3.14 of the Royal Decree 1441 / 2001, of 21 December, which approves the Statute of the FEGA, establishes, among other functions, those arising from their condition of intermediate Agency of management of the European support fund for disadvantaged persons, in accordance with provisions in the Regulation (EU) No. 223/2014 of the European Parliament and of the Council , March 11, 2014.

Based on the foregoing, the centralized management of these subsidies is essential, by the very nature of eligible, to be national organizations, non-profit and be the eligible activities of social interest and to ensure the same opportunities of obtaining by potential recipients, according to the jurisprudence of the Constitutional Court, and will be held by the Ministry of agriculture Food and environment, through the FEGA. There is, by the very nature of subsidies which are now granted, a territorialization that it is impossible: on the one hand, because centralization is the only method that allows you to ensure that you do not exceed budgetary ceilings that the Kingdom of Spain has assigned in accordance with the internal allocation of funding of the financial instrument, on the other because it is necessarily of OAD of national scope, not connection point some from the point and time you can look at nature is the only one that enables you to meet the general purposes for which these subsidies, ensuring equality in the possibilities of perception of the funds are instituted and cash achievement of finality that attends to this specific line subvencional.

Consequently, the centralised management of these subsidies is essential, because Spanish operational programme which pursues is fight against food deprivation. The process of food distribution to disadvantaged persons begins with the purchase of food for the FEGA, through a public bidding process. Food purchased by the FEGA will be distributed throughout the national territory through storage and distribution centres that have the OAD in all provinces, Ceuta and Melilla. ADOS will be them to distribute food to the OAR, which delivered it directly to target people. Because of the great complexity of the procedure of provision of food, the short term for the same, the number of companies involved in the operation, the amount of food to be supplied by them, is necessary a common logistics throughout the territory of the State. In addition, food should reach all beneficiaries in the same conditions, time and form.

There is no territorialization because ADOS must have centralized structure and implementation throughout the national territory. There are not many that can meet these requirements and it is impossible to set a connection point because by its very nature and structure must operate throughout the national territory without exceptions and coordinated from a single Center. The target of this aid are ADOS, not the final OAR.

The procedure of purchase of food and its supply is simultaneous across the State. Therefore the designation of ADOS should be also simultaneously to the purchase of food tender procedure, so that thus, supplying them to the storage and distribution of the OAD centers coordination.

En_virtud_de the provisions of article 26.2 c) of the Regulation (EU) No. 223/2014, of the European Parliament and of the Council of March 11, 2014, may receive aid from the operational programme administrative costs, transport and storage supported by partner organizations in form of a lump sum equal to 5 percent of the cost of food.

In addition, regulation delegate (EU) No. 1255 / 2014 of the Committee, on 17 July 2014, supplementing Regulation (EU) No. 223/2014, of the European Parliament and of the Council of March 11, 2014, relative to the European support fund for disadvantaged persons, through the establishment of the content of the annual reports and the final performance report including a list of common indicators, established common indicators which must communicate to the European Commission, in order to ensure a proper monitoring of the application of the programme and its contribution to the specific objectives of the FEAD. Some of these indicators must be provided by the organizations participating in the program.

In this order processing has issued its mandatory reports the advocacy of the State and the Executive intervention in FEGA, as laid down by article 17.1 of law 38/2003 of 17 November, General subsidies and have been consulted in the autonomous communities and organizations representing the sectors concerned.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

1. the present order aims to establish the regulatory bases of the grants on a competitive basis, to cover the administrative costs of storage and transportation incurred by partner organizations of distribution (in later ADO) food within the framework of the operational programme on food aid from the Fund of European aid for the most disadvantaged people (in later FEAD) in Spain.

2. also establish the requirements and obligations that must meet beneficiary organizations of the grant, that is, the OAD as well as requirements and obligations of the partner organizations of cast (in hereinafter OAR) to those ADOS distributed food.

3. the competent body for the approval of the call will be the Presidency of the Spanish Fund for agricultural guarantee (in later FEGA), which will be responsible, as main, buy food through a public tendering procedure and to appoint by resolution public to ADOS, which distributed the food to the OAR, which delivered directly food to target people.
Each call may correspond to one or more exercises, which will be carried out the relevant programmes of food assistance, according to the regulations of the European Union.

Article 2. Definitions.

For the purposes of this order shall apply the definitions established by the Regulation (EU) No. 223/2014 of the European Parliament and of the Council of March 11, 2014, on the background of European aid for the most disadvantaged.

Also, refers to: 1. more disadvantaged person: individuals, families, households or groups who are in economic poverty, as well as homeless people and others in special social vulnerability situation. These circumstances shall be determined by the organizations participating in the program, or public social services report provided that the latter have social or professional workers who perform similar functions. The social report, in those cases in which the food distribution is carried out at social canteens or homeless will not be necessary.

2. distribution (OAD) partner organizations: organizations of national dimension, non-profit, receiving in its storage and distribution centres (in later CAD) food, purchased by the FEGA, of undertakings that have been proven awarding of tenders and distributed them to the OAR.

3 cast (OAR) partners: organizations non-profit who receive food from the OAD and deliver them directly to the most disadvantaged, along with accompanying measures. The delivery may be carried out in two ways: to) through delivery of batches of food.

(b) through the preparation of meals, to be consumed at its facilities (consumer entity).

4. accompanying measures: set of actions aimed at promoting the social inclusion of persons disadvantaged recipient of food aid. All OAR will offer basic information on the closest social resources as an accompaniment. The implementation of these measures corresponds to the Ministry of health, social services and equality.

Article 3. Beneficiaries and requirements.

1 may be beneficiaries of subsidies which are regulated in this order, the OAD defined in article 2(2), which distributed the food to the OAR, which delivered them to the most disadvantaged.

2 the ADO shall meet the following requirements: to) be legally constituted and, where appropriate, duly registered in the corresponding administrative register.

(b) lack of profit.

(c) be of national scope.

(d) have statutes related to the provision of social assistance for disadvantaged people with profiles similar to the of the FEAD.

(e) structure and capacity have sufficient administrative, operational and financial, to bring food to the OAR and can track them.

(f) be aware of tax obligations and Social Security.

3 organizations in which if any of the circumstances contained in article 13.2 and 3 of law 38/2003 of 17 November, General grant may not be beneficiaries of regulated subsidies in this order.

Article 4. Incompatibility of the subsidy.

These subsidies are incompatible with any other aid from the European Union, as well as any assistance, income or resources from any administration or entities, public or private, national or international agencies for the same purpose.

Article 5. Assessment criteria.

1 the evaluation of applications submitted by ADOS will be based on the following objective criteria and scale: to) experience in previous aid plans related to food distribution to the most disadvantaged, as well as other similar food aid programs financed by public funds. (maximum 14 points): 1st experience in food distribution to other entities in aid schemes financed by the European Union. (maximum 14 points).

2. experience in the distribution of food to other entities in aid plans financed with public funds of non-EU origin. (maximum 10 points).

(b) total amount of food, expressed in kilograms, which has been distributed to disadvantaged persons, at the national level, annually, in the last three years. To get score on this criterion, is must have spread, at least 14 million pounds of food per year in the past three years. (maximum 10 points): 1 24 million pounds or more per year (10 points).

2 14 millions of pounds per year (5 points).

3rd in the section between the two intervals, applies the formula y = ½ x - 2, where 'x' is the total quantity of food, expressed in kilograms, and 'and' the points scored.

(c) have storage capacity sufficient for the implementation of the programme, which is the total volume of storage available for the annual programme, specifying, for each storage centers, including those located in Ceuta and Melilla, the province in which they are located, and its capacity in cubic meters. (maximum 10 points).

d) have a territorial distribution of stores right at the provincial level, including the autonomous cities of Ceuta and Melilla, which is the existence of stores in at least 80 percent of the Spanish provinces, Ceuta and Melilla. (maximum 10 points): 1 storage by 80 percent - 85 percent of the Spanish provinces, Ceuta and Melilla: 5 points.

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

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

(e) provide the necessary human and material means for the development of the annual work programme, in particular, staff administrative and logistics, computer equipment, Internet access and machinery for unloading and handling of food. (maximum 10 points).

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

2. to gain access to subsidies regulated by this order, must be obtained at least 40 points, and at least half of the maximum possible points in each criterion.

3. depending on the outcome of the assessment, the FEGA shall establish the percentage of food supply that will be put at the disposal of partner organizations selected for distribution. This percentage determines the subsidy that will correspond to each organization, as described in article 10.

Article 6. Applications, deadlines, and documentation.

1. Requests shall be addressed to the President of the FEGA and will be presented in the general registry of the Agency C / charity No. 8 Madrid, or in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

You will also accept electronic filing of applications and the complementary documentation, in accordance with law 11/2007, of 22 June, electronic access of citizens to public services.

2. the application shall be completed according to the model instance that will appear as an annex to the call.

Must be accompanied by the following documentation: to) supporting documentation of the Constitution of the Organization and its aims (properly legalized statutes, registry certification).

(b) a commitment to contract an insurance policy covering damages which may arise from receipt of food to their delivery to the OAR or most disadvantaged. The following risks must be covered: flood, fire, theft, robbery and damage for extraordinary reasons.

(c) a commitment to distribute food free of charge to the OAR allocated and authorized by the FEGA.

(d) report detailing the proposal of the Organization's participation in the annual programme of food aid to the most disadvantaged people in Spain containing at least the information indicated in article 5.

(e) any other documentation that was required in accordance with the call, to cater for the specific needs of the annual program of food aid for.

(f) statement responsible for who holds the legal representation of the applicant entity that is aware of their tax obligations and with Social Security, as established by article 24.7 of the regulation of the General Law of subsidies, approved by Royal Decree 887/2006, of 21 July.

(g) statement responsible for who holds the legal representation of the applicant entity that it is not involved in the prohibitions for status of beneficiary of subsidies laid down in article 13, paragraphs 2 and 3, of the law 38/2003 of 17 November.

3. the deadline for submission of applications will be where is set to the corresponding call, which may not exceed one month since its publication.

Article 7. Management and instruction of the procedure.

1. the management and instruction of the procedure will take place by the Subdirectorate General of regulation of markets the FEGA.
2 the review and evaluation of applications will take place by a Committee of assessment consisting of the following members: to) President: the General Deputy Director of market regulation.

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

(c) Secretary: a head of Area of the Subdirectorate General of regulation of markets the FEGA, appointed by the President of the FEGA, acting with voice but without vote.

3. the Commission will adjust its operation to the regime for the organs members in chapter II of title II of law 30/1992, of 26 November.

4. the functioning of the Commission's assessment will be conducted with the personal and material resources available in the FEGA.

5. the Committee of assessment, in accordance with the provisions of article 24 of law 38/2003 of 17 November, General grant, using the criteria set out in article 5, will issue a report in which the result of the assessment carried out is concrete.

6. the organ instructor, in view of the record and the report issued by the College, shall draw up provisional, duly motivated resolution that will notify applicants, giving them a deadline of 10 days for appeals. The proposal shall contain a list of applicants for those who intends to aid and its amount.

Article 8. Resolution.

1 considering the claims, if pleaded by the interested parties, organ instructor will formulate the proposal for final resolution in accordance with the provisions of article 22.1 and 24.4 of law 38/2003 of 17 November, and raise it to the President of the FEGA, which dictate resolution.

2. the resolution, in accordance with each call, may correspond to the granting of the subsidy during one or more exercises, which will be carried out the relevant programmes of food assistance, according to the regulations of the European Union. It should contain a list of applicants for those who intends to support and the amount of this, as well as applicants to those who denied the grant with an explicit indication of the reasons.

3. the decision shall be communicated to those interested in the terms provided for in articles 58 and 59 of the law 30/1992, of 26 November.

Against the decision of the grant award may bring appeal to the Minister of agriculture, food and environment.

Article 9. Duration of the procedure.

The deadline for the resolution and notification of the procedure shall be six months from the date of publication of the corresponding call.

Within this period, while there had been express resolution, can understand dismissed the call for assistance, by administrative silence, without prejudice to the obligation to express decision.

Article 10. Amount of the subsidy.

1. in accordance with the provisions of article 26.2. Regulation (EU) No. 223/2014 of the European Parliament and of the Council, on March 11, 2014, the total amount of the subsidy will be 5 per cent of expenditure on buying food at the annual food programme that corresponds.

2. the subsidy corresponding to every OAD in annual food aid programme, will be 5 percent of the cost of the food that the FEGA puts at your disposal, for distribution to the OAR, on the basis of the percentage of supply, calculated by applying the assessment criteria set out in article 5.

Article 11. Obligations of the beneficiary organizations (ADOS).

The beneficiaries of these grants will be required to the overall compliance with the provisions of article 14 of the law 38/2003 of 17 November, and in particular a: to) receive food assigned in the program, in the amounts and terms approved by the FEGA, keeping them under appropriate storage conditions.

(b) deliver to the OAR, the food for free in the amounts and terms approved by the FEGA.

(c) in the framework of the annual programme, and before each stage of distribution, ADOS must submit to the FEGA an OAR relationship for which have verified compliance with the requirements laid down in article 12 of this order, for which this authorization.

Throughout the development of the program will be responsible for the verification of the compliance of the OAR to that deliver food, requirements and obligations that they must comply and which are established in articles 12 and 13 of this order.

(d) immediately notify to FEGA, any incident that occurs in the development of the program and collaborate on its resolution, as well as any modifications in their data.

(e) cooperate with the competent authorities, duly accredited, in the realization of actions of control, in order to supervise the distribution of food to the OAR authorized, in particular, providing access to premises where to be stored and distributed food and information justifying the destination thereof.

f) archiving all documentation related to the annual programme during the five years following the completion of the said program.

(g) used in the management of the distribution of the food that has assigned the computer application that the FEGA will put at your disposal.

(h) clearly exposed in their facilities, a place where easily visible by the public, an informative poster, showing the mention 'Programme of aid to the most disadvantaged persons' and the emblem of the FEAD, whose model shall be given to the effect.

(i) offer on their web sites, if available, a brief description of the program, including its objectives and results and highlight the financial support received from the European Union.

(((j) must be able to provide information on indicators of results, distributed food aid, set out in sections 12), 13), 14) of the annex to the delegate Regulation (EU) No. 1255 / 2014 the Commission, as well as other information requested by the competent authorities. Values relating to point 14) total number of persons receiving assistance will be established by an estimation with knowledge of the facts of the partner organizations. Neither expected nor required that they are based on information provided by the final beneficiaries.

k) promote equality between men and women and non-discrimination on grounds of sex, race and ethnic origin, religion or belief, disability, age or sexual orientation in accessing support, as well as, ensure respect for the dignity of persons disadvantaged in accordance with the provisions of the articles 5.11 and 5.14 of Regulation (EU) No. 223/2014 of the European Parliament and of the Council.

(l) comply with the provisions of the organic law 15/1999, of 13 December, of protection of personal data.

((m) take an accounting system apart from the eligible expenditure actually incurred, pursuant to article 32.4. b) of Regulation (EU) No. 223/2014 of the European Parliament and of the Council.

(n) any other activities that were necessary, to cater to the specificities of the annual program of food aid for.

Article 12. Requirements of the partner organizations of cast (OAR).

The OAR responsible for program food distribution to the most disadvantaged persons must meet the following requirements: to) be legally constituted and, where appropriate, duly registered in the corresponding administrative record at the time of submission of requests to participate.

(b) lack of profit.

(c) have statutes related to the provision of social assistance for disadvantaged people with profiles similar to the of the FEAD.

(d) have administrative, operational and financial capacity to carry out the free food distribution to disadvantaged persons, in accordance with the requirements laid down in this order and call for proposals.

(e) attend a minimum of 20 people at a disadvantage. In the case of an OAR that meet a minimum of 10 persons and maximum of 19, is may be only admitted their participation when in the same Township is the only existing OAR.

Article 13. Obligations of the partner organizations of cast.

The OAR, responsible for the distribution of food from the food aid programme to disadvantaged persons must meet the following obligations: to) put food available to the most disadvantaged people for free, either through the development of prepared foods to be consumed on the premises of the organization or by the direct delivery of batches of food.

(b) develop accompanying measures applied by the Ministry of health, social services and equality. All OAR will offer basic information on the closest social resources as an accompaniment.

However, these measures will not be mandatory in cases in which foods are provided exclusively to underprivileged children in the care of children, or similar institutions.
(((c) provide information on indicators of results, distributed food aid, established in the 12 headings), 13), 14) of the annex to the delegate Regulation (EU) No. 1255 / 2014 the Commission. Values relating to point 14) 'Total number of people receiving aid' will be established by an estimation with knowledge of the facts of the partner organizations. Neither expected nor required that they are based on information provided by the final beneficiaries.

(d) comply with the organic law 15/1999, of 13 December, of protection of personal data.

(e) cooperate with the competent authorities, duly accredited, in carrying out of actions of control, in order to supervise the proper distribution of food from the food aid programme to the most disadvantaged and the development of the accompanying measure basic information about the closest social resources, in particular, providing access to the premises where are stored and eaten or distribute food and information justifying the final destination of the Food and the delivery of information on the closest social resources.

(f) keep documents and supporting documents related to the program of food aid for a minimum period of five years, allowing the competent authorities and to the OAD, access to them to carry out the necessary controls.

(g) removing the food in the date, time and place that communicate you the ADO that apply to you.

(h) return to the OAD corresponding food to not be used, with one advance of their expiration so they can be redistributed to other organizations.

(i) not assign food of the program to any other organization, although it is also authorized to distribute food for the program, unless such transfer is duly justified and authorized by the ADO.

j) inform the corresponding, as soon as possible to ADO, any type of incident in the distribution, without any decision without the consent of that organization.

(k) justify the number of disadvantaged persons declaring to meet, by a report of the public social services or organizations participating in the program, provided that the latter have social or professional workers who perform similar functions. The social report, in those cases in which the food distribution is carried out at social canteens or homeless will not be necessary.

(l) in the case of the OAR that deliver lots of food to disadvantaged people, having an up-to-date list of persons food from program recipient; as well as supporting documents for delivery of the completed, whose models established in the call for proposals.

(m) clearly exposed in its facilities, in a place easily visible by the public, an informative poster, showing the mention programme of aid to the most disadvantaged and the emblem of the FEAD, which will be provided to you, to the effect, by the ADO.

n) promote equality between men and women and non-discrimination on grounds of sex, race and ethnic origin, religion or belief, disability, age or sexual orientation in accessing support, as well as, ensure respect for the dignity of persons disadvantaged in accordance with the provisions of the articles 5.11 and 5.14 of Regulation (EU) No. 223/2014 of the European Parliament and of the Council.

Article 14. Application for participation of the OAR in the program.

1. The OAR who wish to participate in the program must submit to one of ADOS, in the case that there are several, one single application that conforms to the model laid down in the call for proposals.

2. in the event that the OHR will carry out both forms of distribution, through the delivery of batches of food and the preparation of meals to be consumed on the premises of the Organization, it shall complete an application for each type of distribution. In this case, will be considered two different, for all purposes OAR.

Article 15. Authorizations and interruptions from participation in the program of the OAR.

1. the FEGA is the body responsible for authorizing or interrupt the participation of the OAR. At the beginning of each food supply of the program, the FEGA shall authorise the participation in the programme of the OAR proposed and verified by ADOS.

The relationship of authorized OAR arising from these proceedings, shall be published on the website of FEGA (www.fega.es).

2. at the beginning of the food supply, the FEGA shall be allocated to each of the designated OAD, the OAR to which must provide food of the programme, taking into account its distribution capacity.

3. the FEGA interrupt the participation in the distribution of food to the OAR that fail to comply with the requirements and obligations set out in this order, and those OAR that so request it, through their ADO.

Article 16. Food distribution in the context of the annual programmes.

1. the final amount of food that will be supplied within the annual programme will not be known until the FEGA resolved the allocation of bidding for the realization of supply procedures.

2. once the final amount of food is known to distribute under the annual programme, the FEGA held its provincial allocation, assigning to each OAD the amount corresponding to its percentage of provision, in those provinces that operate more than one organization.

3. the FEGA may adapt these percentages throughout the implementation of the programme, in view of the development of it and to guarantee its correct functioning.

Article 17. Payment and warranty.

1 may be advance payment of up to 60 per cent of 5 per cent of the cost of the food the FEGA be put at the disposal of the ADO.

2 may submit an application in advance, once they have been designated as beneficiaries of the subsidy, prior Constitution of a guarantee, by endorsement or insurance, credit and suretyship, in accordance with the models established in the corresponding call, in the General case of deposits, amounting to 100 per cent of the amount requested. This application is submitted within a maximum period of one month, counting from the date of notification of designation as ADO.

3. the FEGA will pay the advance payment requested within a maximum period of one month, counted from the filing of the application, which shall be accompanied by the original receipt issued by the General deposit box as proof of lodging of the security.

4. the cancellation of the guarantee will be held in accordance with the provisions of article 52 of the regulation of the law 38/2003, of 17 November, General grants, approved by Royal Decree 887/2006, of 21 July.

Article 18. Eligible expenditure.

1 eligible administrative costs of storage and transportation incurred by ADOS, in form of a lump sum equal to 5 percent of the cost of food, as a result of food made available for distribution to the OAR in the food aid programme.

2. not eligible to receive these supports costs identified by article 26.4 of Regulation (EU) No. 223/2014 of the European Parliament and of the Council of March 11, 2014, on the background of European aid for the most disadvantaged.

Article 19. Justification of expenditure and payment.

1. within a maximum period of three months, counting from the date of completion of the last supply of the annual food programme established in the call, ADOS shall request the FEGA payment of the grant.

2. the ADO shall submit, accompanying the request for payment, affidavit of having received and distributed to the OAR all of the foods that were supplied to him by the FEGA. In any case, the FEGA may make all the tests deemed appropriate to verify that the operation of reception and distribution of foods that you were supplied to the ADO done conveniently and, therefore, the objectives of the aid which is granted have been fulfilled.

3. payments shall be made within a period of three months from the filing of the application. In the event of a defect in the application or supporting documents submitted, this period may be suspended through notification to the Organization, for his clarification, correction or submission of additional information, and shall apply the provisions of article 76 of the law 30/1992, of 26 November, being the term of contestation of ten days from the receipt of the notification.

Article 20. Monitoring and control.

1. the FEGA shall take all measures necessary to carry out the monitoring and proper development of the program. To this end, may suspend the full or partial participation of partner organizations of distribution or distribution as a function of the nature and gravity of violations or irregularities detected.

2. the FEGA shall draw up a control plan. In the framework of this plan the FEGA or authority designated by him, may carry out controls established in the plan. Target controls can be made when there is prima facie evidence of any fraud or irregularity.

Article 21. Modification of resolution and obligation of reinstatement.
Any alteration of the conditions taken into account for the granting of the subsidy, will result in the modification of the same.

Total or partial breach of the requirements laid down in this order and other rules of application, will result in the obligation for total or partial reinstatement over the corresponding legal interests, without prejudice to infringements and sanctions which may be incurred, in accordance with articles 52 and following of the Act.

Likewise, in accordance with that established in article 17.3. n) law 38/2003 of 17 November, if the beneficiary does not 100 per cent of object of the help activity, only receive the proportional part to what has been done.

Article 22. Funding.

1. the funding of administrative costs, transport and storage supported by ADOS will be co-financed by FEAD by 85 percent and 15 percent by the national budget.

2. the grant of aid is conditional on the existence of adequate credit and enough at the time of the award resolution.

Sole additional provision. Applicable regulations.

In all matters not provided in this order, shall apply the Regulation (EU) No. 223/2014 of the European Parliament and of the Council of March 11, 2014, law 38/2003 of 17 November, General of subsidies as well as the Royal Decree 887/2006, of July 21, which approves the regulation of law 38/2003.

First final provision. Skill-related title.

This order is issued under cover of the provisions of article 149.1.13. ª of the Constitution, which attributes to the State the exclusive competence in the field of bases and coordination of the general planning of economic activity.

Second final provision. Entry into force.

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

Madrid, October 15, 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.