Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11341
The strength of the hospitality and tourism industry as production area, generator of employment and flag of the Spain brand has been tested in times of economic crisis, and its activity has given rise to a consolidated and traditional industry, and at the same time of future and strategic to our economy and the well-being of our society.
However, there are a series of threats as a result of the environment each time more competitive. Some of them are the low qualifications of the professionals of the sector, the professional intrusion, lack of investment in training, temporality, among others.
Spain is a tourist, leading world power that aims to achieve maximum dimensions in the quality and excellence of tourism services, so that is the quality that differentiates our products and services. In the environment current it strategy not can be compete in costs, but reposition the product giving you a value added, as is the excellence in the quality of the service in all the chain of the product tourist.
It is necessary to retain the tourist, and it only can be with the quality of the services you receive, properly responding to the demand of a tourist prescriber and knowledgeable about the services they demand.
The hospitality is the showcase that the tourist sees when comes to a destination, is its first takes of contact with the country and its first printing you will mark for always. Hospitality schools have the Mission of contributing to the Spain brand in a relevant way, through the training processes, those who are regulated, and give the opportunity to start a career and also those who perfected, updated or increase specific knowledge.
School of hospitality and tourism respond unequal to the needs of the companies facing the challenges and opportunities facing the sector. But supply quality must identify and consolidate to ensure the soundness of the sector, so of them leaving young professionals in a more favorable position of employability and career development.
The schools mean a training from the origin and their work is critical as output professional and choice of employment. They must be the germ of practices with labour commitment to national and international hotels and restaurants.
Taking into account these factors, among other circumstances, by agreement of the Council of Ministers, on June 22, 2012, was approved the National Plan and comprehensive tourism (PNIT), which includes among its objectives increasing tourism and its profitability and generate employment quality; and noted as one of the instruments for the achievement of the objectives the promotion of knowledge, entrepreneurship and training. Consistent with this, it measured 28 of the PNIT is the adequacy of the offer formative and it research to it demand business.
In order to achieve this objective, from the Ministry of tourism has decided to carry out the implementation of the programme aid to schools of hotel and catering that adapt to the reality of the market and respond to the real training needs.
The ultimate objective of the aid is the promotion of the quality of the Spanish tourism sector through the quality of the training. Therefore, the regulation normative and the execution of them grants relating to it improves of them programs of them schools of hospitality, corresponds to the State by sign is in them skills that you attributed the article 149.1.13. ª of the Constitution Spanish.
These grants ensure nationwide the opportunity to access a top quality training and, therefore, that the economic system as a whole will benefit from higher standards, any student of school of hospitality. This will result in a better and more homogeneous perception of the quality of the service provided by the tourists, in short, to a better image of mark as destino-pais.
The jurisdictional title "Bases and coordination of the general planning of economic activity" of article 149.1.13. ª of the Spanish Constitution, allows State to approve measures that affect so relevant to the management of our economic sectors such as tourism, sector representing 11 per cent of our gross domestic product.
Moreover, the management centralized from the State of them supports economic to is refer them bases approved by this order, is a budget essential for ensure the efficiency of these supports, the compliance of them objectives with she intended, the obtaining and enjoy from their potential recipients in conditions of equality, as well as ensure that them aid arrive to schools of all the country. It is intended to help a business sector from the point of view of the general economic policy in response to the weight of the tourism sector in our economy.
Having a network of quality of hospitality schools throughout the territory not only will contribute to the maintenance of the tourism sector as one of the major industries of the country, but it will reinforce the Spain brand internationally.
Best professionals will lead to a formation of quality in tourism and therefore a tourist industry which continue generating a very significant contribution to our gross domestic product. It is pursued with such aid that hospitality schools detect the needs of the market in the various subsectors and tourism professions and configure programs suited to the demand, so any delimitation of the preset on the territorialization of the aid would be a limitation to the objectives pursued and harm tourism in front of others territories. The territorialization would imply the adoption of quotas for each of the regions, so that given the relatively low number of potential beneficiaries in some of them, the probability that in those regions will remain deserted aid would be very high; that would involve remnants that might well have been employees in regions with greater demand; ultimately, it would lead to an inefficient allocation of subsidies.
Ensure the effectiveness of this aid means selecting those projects that will have a greater economic impact on the tourism sector as a whole and the objectives set out in the National Plan and Integral of tourism, which would be undermined without centralized management.
In addition, section 3.4. i) and title II of the law 21/1992, 16 July, from industry, protect the adoption by the State administration of programs for the promotion, modernisation and competitiveness of the tourism industry.
The financing of the programme of assistance to schools of hotel and catering will be provided in the corresponding law of the State budget for the year concerned in the respective call.
Second the additional provision of the regulation of the law 38/2003, 17 November, General grant, approved by Royal Decree 887/2006, of July 21, to regulate the loans granted by the Government to individuals without interest or with interest below the market, in its paragraph 1, establishes that in the sphere of the General Administration of the State and public bodies and other entities of public law with its own legal personality linked or dependent on that, Ministers will approve, for gifted credits in the statements of expenditure in their budgets, the rules governing the Administration credits retail interest-free or below market interest and, failing that, shall apply the provisions of the General Law of subsidies, under the terms provided in the sixth additional provision of this.
Article 17 of law 38/2003 of 17 November, establishes that at the level of the General Administration of the State, as well as government agencies and other entities of public law with its own legal personality linked or dependent on that one, the relevant Ministers will establish the appropriate regulatory bases of the granting of subsidies.
On the other hand, in accordance with the article 23.2 of the same law General of grants, the home of trade of the procedure for the award of grants is held always by call approved by the organ competent.
Through this order approved the regulatory bases of the granting of aid for projects and activities within the program of aid to schools of hotel and catering.
He article 10.1 of the law General of grants sets that them Secretaries of State in the Administration General of the State are organs competent to grant grants, in their respective areas, so also les compete the call of them same.
Accordance with article 17.1 of law 38/2003 of 17 November, this order has been subject to mandatory report from the law of the State and of the intervention delegate of the intervention General of the administration of the State Department.
Not being provided a plenum of the Sectorial Conference of tourism until the next year 2016, this Conference has been informed of this order through the Board of Directors General of tourism which, in accordance with article 5 of the regulation of the sectoral Conference, it is the permanent collegiate body of the same, in the meeting of the Bureau which took place on 21 September 2015.
In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: CHAPTER I provisions general article 1. Purpose.
1. the present order has by object establish the bases, the regime of aid and the management of the program of aid to schools of hospitality.
2. the purpose of the aid is the promotion of the quality of the Spanish tourism sector through the quality of training, promoting the schools of hotel and catering market and the production environment in the different subsectors and tourism professions needs to detect and configure programs suited to the demand.
Article 2. Material scope.
He field material of this order is confined to the measure 28 of the Plan national e Integral of tourism 2012-2015, approved by agreement of Council of Ministers of 22 of June of 2012, «adaptation of it offer training and it research to it demand business».
Article 3. Geographical scope.
The object of assistance activities may be conducted in all or part of the Spanish territory.
Article 4. Objectives.
Them performances related in this order have as purpose contribute to the adequacy of the offer training and the research to the demand business. In this sense, constitute priority objectives: to) the strengthening and improvement of the training of professionals of the tourism sector, so that Spain, which is already a world tourism leader, is also in the training of professionals in this sector.
(b) strengthening and improves of the competencies of all the chain of services.
(c) achieve the tourism sector at your disposal professionals who demand today for its maintenance as a pillar of the Spanish economy.
(d) the strengthening and improves of the management comprehensive of them companies tourist: of their equipment, of their procedures of management, of technical of marketing, control budget, of relations with the customer, of networks social, of new technologies and of purchase and sale.
Article 5. Characteristics of the aid.
1. these aid is granted of conformity with those articles 23 and following of the law 38 / 2003, of 17 of November.
2. the aid granted shall take the form of loans. The characteristics of AIDS in the form of a loan shall be as follows: to) one possible modulation by reducing both the maximum funding and amortization or lack deadlines may determine in each call.
(b) the rate of application is also determined in each call for proposals, in accordance with the legal framework in force.
(c) the method of amortization will be of quotas constant e equal, i.e., the sum of depreciation more interests is paid in fees of amounts equal at the end of each one of them periods of amortization certain in the resolution of award. Thus, the periodic amortization are growing in geometric progression whose reason is given by the interest rate over the unit.
3. the maximum funding may reach up to 75 percent of bankable projects cost, which may not exceed 1,000,000 euros. The value definitive of the percentage will be, with the limit that is set, to will of the applicant. That is, the beneficiary may request other percentage different, but never increased to 75 per cent of the amount of your project, without prejudice to what is effectively of all acceptable costs eligible for funding.
4. the maximum repayment term is five years, including a maximum grace period of two years to be applied to each aid granted. It fertilizer of the depreciation and of them corresponding interests is held at the end of each period of amortization determined in the resolution of concession.
5. the financing of such aid will fall within budget applications for each year will determine in the relevant General State budget and will be specified in each call.
Article 6. Concession regime.
The loans covered in this order is governed according to the principles of publicity, transparency, objectivity and competitive.
Article 7. Beneficiaries.
1 may be applicants and beneficiaries of these grants public and/or private hospitality schools legally established in Spain as set out in the corresponding resolution of the call.
2. for the purposes of this order, are considered hospitality schools those training centres which are specially equipped for imparting formal training in the field of culinary arts and gastronomy, catering, hotel management, and they are also enabled to issue official degree, and who are therefore subject to prior authorization, and the guidelines, curricula, processes and educational regime established by the autonomous community to which they belong.
3. applicants for these grants must prove, as condition of solvency at the time of filing of its application, than the sum of their property and rights, including debts owed by third parties is greater than the sum of their debts increased by 50 percent.
Article 8. Types of projects and actions help object.
(1. them projects and performances susceptible of be object of aid of the program aid to schools of hospitality, have of consist in: to) Inclusion in the program academic of subjects linked to the generation and empowerment of the management of the innovation in them students.
(b) guide the academic programs towards the understanding and use of new technologies in all areas of business (communication, promotion, marketing, management, energy efficiency, etc.) and other knowledge modules of the new digital economy.
(c) adapt curricula to the socio-economic reality and the characteristic socio-productive and labour.
(d) strengthen the culture of respect for the environment and introduction of quality standards.
(e) promote the acquisition of skills by the students in companies in the sector, through scholarship programs or similar.
(f) creation of job and exchange programs.
(g) to promote the internationalization of schools.
2. the actions financed from these loans should have started to run with the date of publication of the corresponding call. Also, maximum period of execution of the performance shall be three years, and may include eligible costs all those which have been made prior to the expiry of the mentioned deadline.
Article 9. Eligible expenditure.
1. the aid will be allocated to cover the expenses that are directly related to the development of the project or activity for which have been granted. Such aid may be applied to the following concepts: to) staff costs.
(b) costs of instruments and equipment inventory, to the extent and during the period in which it is used for the project.
(c) cost of contractual research, technical knowledge, studies and promotion expenses.
(d) acquisition and improvement of goods inventariables.
(e) is sets the compensation of them expenses General and its imputation to the project in somewhat raised maximum of the 10 per cent of them costs total of personal of the project, without need of justification.
(f) others expenses of operation, including costs of material, supplies and products similar that is derived directly from the activity of the project.
2. them limits maximum of financing of expenses of personal eligible and those expenses eligible in concept of promotion is will realized in each call.
3. in the so-called of acquisition and improves of goods inventariables, the beneficiary must allocate them goods to the end concrete for which is granted it grant during a period minimum of two years after the completion of the project, and will be of application the rules established in the article 31 paragraph 4 of the law 38 / 2003, of 17 of November.
Article 10. Subcontracting.
1. a beneficiary subcontracts when concerts with third the execution total or partial of the activity object of it helps. This concept is the hiring of those expenses they have to incur the beneficiary to carry out itself the aim of the grant activity.
2. the cost of subcontracting may not exceed 50 per cent of the total cost of the action in any case.
3. in relation to all issues related to the contract shall apply the provisions of article 29 of law 38/2003 of 17 November and consistent regulations.
Article 11. Compatibility with other aid.
1. the perception of the aid regulated by this order shall be compatible with the perception of other subsidies, grants, income or resources for the same purpose, from any public administrations or entities public or private, national, EU or international organisations.
((2. This compatibility will be conditioned to them following rules: to) that the amount of them aid perceived with charge to others calls, in no case can be of such amount that, isolation or in concurrence with others, exceed the amount of it helps applicable in accordance with it established in the article 5.3).
(b) that the amount of them aid perceived with cargo to others calls in any case can be of such amount that, isolation or in concurrence with others, exceed the cost of the activity subsidized.
3. the applicant must declare subsidies which has obtained or requested for the activities regulated by this order, both to present the proposals at any subsequent time in this circumstance occur, which may cause the corresponding reductions in the amount of the aid granted, or it may give rise even to the repeal of the aid granted , or to understand that is has produced the resignation or the withdrawal of your application.
CHAPTER II procedure of article 12 aid management. Form and submission of applications.
1. the term for the presentation of applications, that will be set by each call, will be as maximum of two months from the publication of the call in the «Bulletin official of the State».
2 participation in the call of support to catering schools includes the following documentation: a) application/questionnaire. Will be available for its completion and presentation in the headquarters electronic of the Ministry of industry, energy and tourism (https://sede.minetur.gob.es), a time posted the call corresponding. It will be adapted to what is available at each call.
Within the printed of application and questionnaire is included the following statements: 1 statement of aid public chosen and received for the same project. Such declaration must be made by filing application or at any subsequent time that this circumstance occurs.
2nd declaration from the applicant of that are certain them data of them States financial that accompany to the request and that them same express the image faithful of the heritage and of the situation financial of the applicant, as well as of them results of their operations.
The memory will be composed by: 1 technical and economical memory relative to the cost and mode in which it will finance. The memory will contain the following information: i. history of the school.
II. objectives of the project.
III. Description of the action or actions to be financed.
2nd budget of the action.
3rd information, where appropriate, to external partners that will participate in the implementation of the project.
(c) other documentation: 1 card of identification of people legal and entities in general (NIF-number of identification fiscal).
2nd valid accreditation of the power of Attorney, registered in the commercial registry (in the case of corporations) or where appropriate, corresponding to the signer of the application.
3rd accounts annual full of them two last exercises (submitted in the register mercantile).
4th in accordance with article 22.4 of the regulation of the law 38/2003, of 17th November, approved by Royal Decree 887/2006, of July 21, the filing of the application for obtaining aid will lead to the authorization of the applicant to get the awarding body in direct accreditation of compliance with tax obligations and against Social security through electronic certificates. However, the applicant may refuse expressly consent, and must then provide these certifications.
The aforementioned documentation must be provided by any means that allows evidence of its authenticity, as laid down in chapter III of the Royal Decree 772/1999, of 7 may, which regulates the submission of applications, writing and communications to the General State administration, the issue of copies of documents and return of originals and the regime of registration offices.
The necessary documentation for participation may be subject to modification in each call.
The format of the electronic file containing additional project information must correspond to one of the following: "pdf", "doc" or "docx" and in no event exceed 5 MB of information.
3. the application/questionnaire, questionnaire, memory and additional documents, you will be directed to the Secretary of State for tourism and its presentation will be made to the electronic registry of the Ministry of industry, energy and tourism by advanced electronic signature. The electronic certificate that the presentation is carried out should correspond to the applicant for aid which must be legally representing the entity.
4. If the documentation provided does not meet the requirements, you will be required to charge for that, within the period of 10 working days from the day following the receipt of the request, remedy the lack or attach the required documents, with warning of that if you do not do so you shall be withdrawn the request, in accordance with provisions in article 71 of the aforementioned law 30/1992 26 November, legal regime of public administrations and common administrative procedure.
Article 13. Competent bodies to convene, educate and solve the procedure.
1 it shall be competent to convene and resolve the procedures of granting of the aid referred to in this order, the head of the Ministry of tourism.
2 it shall be competent for the instruction and management of procedures for the granting of aid the General Sub-Directorate of development and sustainable tourism, which is an administrative body that is dependent on the Ministry of tourism.
3 the report of evaluation of applications will be formulated by an evaluation Commission, which will function as a collegiate body and will be integrated by: to) a member of the Secretary of State for tourism (Ministry of industry, energy and tourism), who will chair this Commission, appointed by the head of the Ministry of tourism.
(b) a vocal designated by the Undersecretary of the Ministry of industry, energy and tourism.
(c) a vocal of the Subdirectorate General of development and sustainability tourist of the Ministry of industry, energy and tourism, (Secretary of State of tourism) designated by this Sub-Directorate.
(d) a vocal of the Subdirectorate General of cooperation and competitiveness tourist of the Ministry of industry, energy and tourism, (Secretary of State of tourism) designated by this Sub-Directorate.
(e) a member of the school of Industrial Organization (EOI) designated by the holder of the Secretary of State for tourism.
An official of the General Sub-Directorate of development and sustainable tourism will act as Secretary, with voice but without vote, designated by this subaddress.
The functioning of the Commission's assessment will be seen with personal, technical and budgetary means of the organ in which is integrated.
4. the provisional and definitive, duly motivated proposal will be elevated to the Secretary of State for tourism by organ instructor.
5. the functioning of all organs and entities to which refers, will always adjust to the provisions contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 14. Evaluation.
1. the evaluation will be made by the Committee of evaluation described in the article 13, who will be which analyze and apply them criteria of evaluation established in the present order, to proposed, in its case, of the entity collaborator.
2. the assessment and selection of applications will take place in regime of competitive concurrency based on the documentation provided, in accordance with the criteria and procedures set out in article 15 and following of this order and in article 8 of law 38/2003 of 17 November.
Article 15. Evaluation criteria.
1. each proposed aid application will be rated on a global basis of 0 to 100 points. According to scores obtained, ordered major to minor, and up to where it reaches the budgetary credit available, may be of aid requests whose proposals reach the score of 50 points. This qualification will be evaluating the criteria established for each of the lines of action or eligible projects and add the score obtained in each one of them, having to obtain a minimum of 50 per cent of the maximum score per criterion in each of them to be eligible.
2. with prior to evaluation will analyze the financial solvency of the school, in accordance with stated in paragraph 3 of article 7, and the adaptation of the project to the objectives of the programme and to the types of projects or actions likely to help. Of not giving the adequacy and the solvency project will be dismissed without being evaluated.
3 criteria for evaluating the applications concerned are: a) innovative nature of the project (from 0 to 25 points).
In this criterion innovative improvements to the existing program, as well as the incorporation of materials or innovative training methodologies or establishment of collaboration with the business systems shall be taken into account.
(b) adaptation to the needs of the market labor (0 to 30 points). Is will assess the knowledge of the market labor and of each one of them subsectors in which is inserted them students, and the adequacy of the program to the needs detected.
(c) programme of cooperation with companies (from 0 to 25 points). Is valued the relations with companies of the sector for its collaboration as trainers, consultants and programs of collaboration for practices.
(d) nature international (from 0 10 points). An advantage that the project will help international school positioning and his ability to attract international students.
(e) viability economic and financial of the project (from 0 to 10 points). It should be taken into account: 1 ratio between turnover and total budget of the project.
2. analysis of the potential market.
3rd justified income statement.
In cases that the school does not have positive balances both in the circulating the ordinals 1st and 3rd as in the margin of exploitation by typical topics, be not scored.
Article 16. Provisional and definitive resolution.
1. in the light of the record and of the report of the Evaluation Committee constituted pursuant to the provisions of article 13, organ instructor will formulate provisional, duly motivated, resolution, which shall be notified to the interested parties. The organ instructor published in electronic based provisional resolution with the list of loans to grant and deny. The term to formulate allegations to this proposal will be of 10 days. Within this period, and in view of the allegations that are decommitted, will fit to formulate definitive resolution.
Provisional and definitive resolution proposals do not create any right in favour of the beneficiary against the Administration, while not granting resolution has been notified.
2. Once received the allegations, organ instructor will formulate the proposal for final decision, which will be elevated to the competent authority, which shall issue the corresponding reasoned ruling, estimating or dismissing the requested loans. The organ instructor published in electronic based the final list of loans granted and denied.
3. the resolution final will put end to it via administrative, against which may lodged is optionally resource of replacement in the term of a month counted starting from the day following to the of the notification of the resolution. Without limiting the foregoing, against these resolutions be appeal to the room of the contentious-administrative of the High Court, within the period of two months from the day following the notification mentioned.
4. as is sets in the article 63.3 of the regulation of the law 38 / 2003, of 17 of November, approved by the Real Decree 887 / 2006, of 21 of July, the resolution of award, in addition to contain them applicants to which is you grants it helps and it rejection express of them remaining requests, may include a relationship ranked of all them requests that complying with the technical and administrative conditions laid down in these bases for acquiring the status of beneficiary, they have not been estimated by exceeding the maximum amount of credit set out in the call for proposals, with an indication of the points given to each of them according to the assessment criteria laid down in the same.
In this case, if you renounce the grant by any of the beneficiaries within period of one month from the notification of the award decision, the awarding body agreed, without a new call, grant grant the applicant or applicants following in order of score, always and when with the waiver by some beneficiaries , is has released credit enough to serve at least one of them requests denied. Beyond this deadline, it will not operate the legal mechanism of substitution.
5. the deadline for the resolution of the procedure and its notification shall be six months from the day following the publication of the notice in the «Official Gazette». If within this period the competent body to resolve had not notified that resolution, interested parties will be entitled to understand your application rejected.
6. notifications shall be as provided for in articles 58 and 59 of the law 30/1992, of November 26, legal regime of public administrations and common administrative procedure.
(7. the publication of the provisional and definitive resolution proposals, as well as resolutions of concession, non-eligibility and its possible subsequent modifications and other acts of procedure, aid portal hosted by the electronic of the Ministry of industry site, energy and tourism (https://sede.minetur.gob.es) has all the effects of the notification practiced according to the provisions of article 59.6. b) of law 30/1992 , of 26 November, competitive procedures.
Article 17. Modifications.
1. funded actions should run in time and form established in resolutions of concession. However, when arise circumstances concrete that alter them conditions technical or economic dyed in has for the application or award of it helps, the beneficiary may request the modification of the resolution of concession. The modification must be requested at least one month before the end of the period of execution of the project and must be expressly accepted. Also, the organ grantor may agree an extension of the term of execution of the projects or actions with character justified and in accordance with it willing in the present paragraph.
Accepted modification of resolution of grant, the applicant be obligated immediately who has received the notification of acceptance to the repayment of the principal and interest corresponding to accepted downward and accreditation to the awarding authority of his entry into the Treasury. The low of the modification authorized not may exceed the 35 percent of the investment financeable, according to it established in the article 20.3.
2 can be argued as circumstances that have altered the following technical or economic conditions: a) inadequacy of objective causes project to determine its lack of suitability, consistent in circumstances make clear subsequent to the granting of the loan and which were not foreseeable beforehand by applying all the diligence required in accordance with good professional practice in the preparation of the project or in the drafting of technical specifications.
(b) need to adjust the activity to technical, environmental, urban, specifications of safety or accessibility approved subsequent to the granting of the loan.
(c) advisability of incorporating technical advances that improve it significantly, provided that its availability on the market, according to the State of the art, the activity has occurred subsequent to the granting of the loan.
(d) force majeure or unforeseen circumstances that make impossible the execution of the action or project initially defined terms.
3 lending resolutions cannot be modified when the following alterations of the technical or economic conditions have occurred: a) the cases in which the modification has affected features basic performance funded which refer articles 8 and 9.
(b) them alleged in that, of have is produced the alteration in the time of the request of the loan, such alteration would have affected to the determination of the beneficiary or is was damaging rights of third. However, will be alegables the alterations related with the merger, absorption and excision of societies.
(c) the alleged in that is produce decreases superior to the 10 percent in them concepts susceptible of helps related in the article 9.
(d) them so-called of extension of the term of execution of them projects or actions that not respect them limits established in the article 70 of the regulation of the law 38 / 2003, of 17 of November, approved by Royal Decree 887 / 2006, of 21 of July.
Article 18. Guarantees and payment of the aid.
1. proposals shall establish, prior to the final granting of loans, as requirement to consider accepted the proposal of loan to private schools, the creation of security, through the contribution by this of the receipt of security before the General deposit box, in some of the provisions laid down in the Royal Decree 161/1997 , of 7 of February, by which is approves the regulation of the box General of deposits and in the order of the Ministry of economy and Hacienda of 7 of January of 2000, that develops the mentioned Royal Decree, and with them requirements established in such rules.
(Is accepted the following modalities: to) values represented in annotations in has or shares in funds of investment, represented by certified personal.
(b) guarantees provided by institutions of credit or societies of guarantee reciprocal.
(c) insurance of suretyship granted by institutions insurance.
The amount of the guarantee, the deadline for his contribution and cancellation form is determined in the corresponding call for aid.
The lack of presentation of guards of the security before the competent authority within the period specified in the call for resolutions, will have as effect the resignation to the aid granted.
Guarantees shall be released in installments to occur the reimbursement of the loan and, if necessary, once reinstated the amounts which may be applicable.
Once the realization of the project or action subject to support effective justification, been certified may be authorized by the organ instructor that a credit institution assumes, irrevocably and with appropriate safeguards, the refund according to the amortization schedule set in the resolution of concession after verification of the justification presented. This authorization by the organ instructor will allow, in its case, the cancellation of them guarantees previously constituted by the applicant whenever, of form prior, is has provided document of assumption of debt from the entity of credit, all this without prejudice of them responsibilities that can be enforceable to them beneficiaries.
In the case of bank guarantees, on the certificate of assumption of debt by the financial institution it will consist of expressly that the Bank shall be responsible for the payment of the guarantee, at the first request and without putting causes any, before execution of the Ministry of industry, energy and tourism (MINETUR). Likewise the execution of the warranty must be possible before any non-compliance with independence of the amount.
2. the loans referred to in these rules shall be paid prior to the realization of the financed actions, but always after granting decision.
3. the payment of the loan shall be conditioned in any case that it accredits to the managing body which the beneficiary meets the requirements set out in this order, as well as those specified in article 34 of the General Law of subsidies, including the be aware in compliance with its tax obligations and against Social Security. In the event that not stating the situation of the beneficiary concerning such obligations, is you will require so in the term maximum of 10 days, from the day following to the notification of the requirement, contribution them timely certified.
The lack of presentation of the required documentation in the cited within 10 days, without more, will result in the revocation of the aid granted and will be, immediately, to the second subparagraph of article 16.4.
Article 19. Justification of expenses.
1. the beneficiary will count with a term maximum of three months, from the completion of the term of execution, for the justification of them activities and expenses made, that will come indicated in the resolution of award.
2. where applicable, the beneficiary will be express declaration of the amount of aid or subsidies granted for the same activity or conduct by any administration or public entity.
3. it justification and payment effective of them expenses subsidized, as well as the statement of activities made object of helps, them sources of funding of the project and its application, is credited with the presentation of it corresponding has supporting, in which is specified them cited elements and the breakdown of each one of them expenses incurred, according to the model standard that the organ Manager will facilitate to them beneficiaries.
4. costs shall be credited by means of invoices and other documents of equivalent probative value valid in commercial legal traffic or with administrative efficiency. For the justification of expenses incurred in another country, they must conform to the requirements that under the legislation of each one of them.
When the provided documents are in a language other than the Spanish, English, French, Italian or Portuguese, translation of the description of service, delivery or other expenditure that corresponds you must be attached.
5. all the documentation of the realization of the project or action may present is in support physical and in CD or memory USB, before the Register General of the Ministry of industry, energy and tourism, or in any of them places designated in the article 38.4 of the law 30 / 1992, of 26 of November.
Electronic submission of supporting documentation, means comprising both at initial presentation, within the period indicated above, as to the possible corrections are requested to the beneficiaries by the managing body.
However, such documentation in computer format remission does not exempt beneficiaries keep the originals of supporting documents for expenditure and payment, reports of audit, etc., if they were them subsequently required by the managing body of the aid or the legally provided for control activities by the General intervention of the administration of the State or the Court of Auditors.
6 prior to the completion of the period of performance, and in order to ensure full compliance with the objectives for which the loan has been granted, the managing body will ask the beneficiary information detailed and up-to-date state of investment or funded action.
The referred request of information is will produce compulsorily a time has elapsed the half of the term of execution, and optionally in any other moment, appreciated them circumstances by the organ Manager.
The beneficiaries of the loans shall supply the information requested to the managing body. The breach of this obligation will lead to revocation of the loan and the obligation to make reimbursement which proceed in accordance with the provisions of articles 20 et seq..
7. the beneficiaries must meet obligations contained in article 14 of law 38/2003 of 17 November and in this order, as well as specific instructions, application and compliance with the aforementioned law and this order, inform the managing body in terms of execution, monitoring, delivery of loans, information and publicity, justification and cost control.
Article 20. Criteria of graduation of the possible non-compliance.
1 total breach of the purposes for which was granted aid, of the realization of fundable expenses, or the obligation of justification, will result in the loss to the right of the aid granted and, where appropriate, to the repayment of the advance payment more interest from the moment of payment until the date the refund you remember.
2. when the compliance by the beneficiary is approximate of mode significant to the compliance total and is credit by this a performance unequivocally aimed to the satisfaction of their commitments and of them conditions of granting of it helps, is will have in has the following criterion: the breach partial of them purposes for which is granted it helps, of the realization of it investment bankable , or obligation of justification, will result in the loss to the right of the aid allocated to the beneficiary or, where applicable, to the repayment of the advance payment more interest, the percentage corresponding to the investment not performed or not justified.
3. for the purposes of the provisions of the preceding paragraphs shall be deemed total non-compliance with the equivalent of a percentage less than 65 per cent of preparation of bankable investment and compliance significantly approached the total equivalent to 65 percent or higher.
Article 21. Reinstatement procedure.
1. the agreement whereby the reinstatement procedure is initiated shall indicate the cause which determines your home, unfulfilled obligations and the amount of the subsidy concerned.
2 notification of the commencement of the procedure for reinstatement has been received, the person concerned may submit allegations and documentation it deems relevant within a period of 15 days.
3 shall dictate the resolution of the record to the grant awarding body, and must be notified to the person concerned within a period of twelve months from the date of the agreement of initiation. The resolution will indicate who is the person forced to the returned, them obligations unfulfilled, the cause of the procedure between them planned in the article 37 of the law General of grants and the amount of the grant to reintegrate next to them interests of takes.
4. the competition to demand the reinstatement of loan beneficiaries shall be the body responsible for granting.
Article 22. Advertising.
All reference in any medium of broadcasting to the project object of the present aid must include that the same has been supported by the Secretariat of State of tourism of the Ministry of industry, energy and tourism.
The breach of this obligation shall be deemed mild offence according to article 56.c) of law 38/2003 of 17 November and is punishable by a fine fixed under the terms laid down in article 59 of the same law.
Sole additional provision. Personnel expenses.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
First final provision. Skill-related title.
This order is issued under cover of the provisions of article 149.1.13. ª of the Spanish Constitution, which attributed exclusive jurisdiction to the State in terms of bases and coordination of the general planning of economic activity.
Second final provision. Entry in force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 15 of October of 2015.-the Minister industry, energy and tourism, Jose Manuel Soria Lopez.
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