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Order Eit / 2195 / 2015, Of 15 Of October, By Which Is Approve Them Bases Regulatory Of The Granting Of Aid For Schools Of Hospitality, In The Frame Of The Plan National Integral Of Tourism.

Original Language Title: Orden IET/2195/2015, de 15 de octubre, por la que se aprueban las bases reguladoras de la concesión de ayudas para Escuelas de Hostelería, en el marco del Plan Nacional Integral de Turismo.

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The strength of the hospitality and tourism industry as a productive sector, employment generator and flag of the Spanish brand has been proven in times of economic crisis, and its activity has given rise to an industry consolidated and traditional, and at the same time of future and strategic for our economy and the well-being of our society.

However, there are a number of threats resulting from the increasingly competitive environment. Some of them are the low qualifications of professionals in the sector, professional intrusive, lack of investment in training, temporality, among others.

Spain is a tourist power, a world leader that aims to achieve the maximum levels in the quality and excellence of the tourist services, so that it is the quality that differentiates our products and services. In the current environment, the strategy cannot be to compete in costs, but to reposition the product by giving it an added value, such as excellence in the quality of service throughout the tourism product chain.

It is necessary to make the tourist a loyalty, and this can only be achieved with the quality of the services that he receives, responding adequately to the demand of a tourist prescriber and knowledgeable of the services he demands.

The hotel is the showcase that the tourist sees when he arrives at a destination, it is his first contact with the country and his first impression will mark him forever. The Schools of Hostels have the mission to contribute to the Spanish Brand in a relevant way, through the training processes, those who are regulated and give the opportunity to start a professional career and also those other than Refine, update or increase concrete knowledge.

The Hotels and Tourism Schools respond in an unequal way to the needs of companies in the face of the challenges and opportunities facing the sector. But the quality offer must be identified and consolidated in order to guarantee the strength of the sector, so that young professionals leave in a more favourable position of employability and professional development.

Schools mean a training from the origin and their work is critical as a professional exit and an employment option. They should be the practice management with work commitment for national and international restaurants and hotels.

Taking into account these factors, among other circumstances, by Agreement of the Council of Ministers of 22 June 2012, the National and Comprehensive Plan of Tourism (PNIT), which includes among its objectives the increase of the tourism activity and its profitability and generate quality employment; and it points out as one of the instruments for the achievement of the objectives the impulse to knowledge, entrepreneurship and training. Accordingly, measure 28 of the PNIT is the adequacy of the training offer and the research to the business demand.

To be able to achieve this goal, the Ministry of Tourism has decided to carry out the implementation of the program aids to schools of hotels so that they adapt to the reality of the market and respond to actual training needs.

The ultimate objective of the aid is the boost to the quality of the Spanish tourism sector through the quality of the training. Therefore, the regulation and the implementation of the grants relating to the improvement of the programmes of the schools of hotels, it is up to the State to register in the competences conferred on it by Article 149.1.13. Spanish Constitution.

These aids guarantee at national level the opportunity for any student of the School of Hostels to have access to higher quality training and, therefore, that the economic system as a whole will benefit from some higher standards. 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 brand as destination-country.

The title "Bases and coordination of the general planning of economic activity" in article 149.1.13. of the Spanish Constitution, allows the State to approve measures that affect the organization of our economic sectors, such as tourism, which accounts for 11 percent of our gross domestic product.

On the other hand, the centralised management by the State of the economic aid referred to in the bases approved by this order is an essential budget to guarantee the effectiveness of these aids, the the objectives with which they are intended, the obtaining and enjoyment of their potential recipients on equal terms, and also to ensure that the aid reaches schools throughout the country. The aim is to support a business sector from the point of view of general economic policy in the light of the weight of the tourism sector in our economy.

Having a quality network of hospitality schools throughout the territory will not only contribute to the maintenance of the tourism sector as one of the main industries in the country, but will strengthen the Spanish brand internationally.

A quality training in tourism will lead to better professionals and therefore a tourism industry that continues to generate a very significant contribution to our gross domestic product. The aim of this aid is to ensure that the catering schools identify the market needs of the various subsectors and the tourist professions and set up appropriate programmes for the demand, and therefore any definition of the the territorialisation of aid would be a limitation to the objectives pursued and would harm the tourism sector in some territories against others. Territorialisation would involve the adoption of quotas for each of the regions, so given the relatively low number of potential beneficiaries in some of these regions, the likelihood of aid in these regions will be reduced. This would be very high; this would imply remnants that could well have been used in regions with greater demand; ultimately, it would lead to an inefficient allocation of aid.

Ensuring the effectiveness of these aids means selecting those projects that will have a greater economic impact on the tourism sector as a whole and on the objectives set out in the National and Comprehensive Tourism Plan, which would be undermined without centralised management.

Likewise, Article 3.4.i) and Title II of Law 21/1992, of 16 July, of Industry, support the adoption by the Administration of the State of programs for the promotion, modernization and competitiveness of the industry tourism.

The funding of the hospitality school aid scheme will be provided for in the relevant General Budget Law of the State of the financial year in question in the respective call for tenders.

The second provision of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, in order to regulate the credits granted by the State Administration (a) to private individuals with no interest or less than market interest in paragraph 1 of this Article, provides that in the field of the General Administration of the State and public bodies and other entities governed by public law with their own legal personality In the case of the European Parliament, the Commission has decided to statements of expenditure in their respective budgets, the rules governing the administration's appropriations to individuals with no interest or less than market interest and, failing that, the requirements of the General Law of Grants, as provided for in the sixth provision of this provision.

Article 17 of Law 38/2003 of 17 November establishes that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with their own legal personality linked or dependent on that, the relevant ministers will establish the appropriate regulatory basis for the grant of the grants.

Moreover, in accordance with Article 23.2 of the same General Law on Grants, the commencement of the procedure for the award of grants will always be carried out by means of a call approved by the body. competent.

By this order, the regulatory bases for the granting of aid for projects and actions under the program of aid to hospitality schools are approved.

Article 10.1 of the General Grant Act provides that the Secretaries of State in the General Administration of the State are competent bodies to grant grants, in their respective fields, so that They are responsible for calling them.

As provided for in Article 17.1 of Law 38/2003 of 17 November, this order has been the subject of a mandatory report by the State Advocate and the Delegation of the General Intervention of the State administration in the Department.

Not being planned a plenary session of the Tourism Sectoral Conference until next year 2016, this conference has been informed of this order through the Board of Directors General of Tourism that, according to the Article 5 of the Regulation of that Sectoral Conference, is the permanent collegiate body of the same, at the meeting of the Bureau that took place on September 21, 2015.

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


General provisions

Article 1. Purpose.

1. The purpose of this order is to lay down the basis, the aid scheme and the management of the programme of aid to hotel schools.

2. The aim of the aid is to boost the quality of the Spanish tourism sector through the quality of training, by promoting the need for hotels to identify the needs of the market and the production environment in the various sub-sectors. and tourism professions and configure appropriate programs for demand.

Article 2. Material scope.

The material scope of this order is limited to measure 28 of the National and Comprehensive Plan of Tourism 2012-2015, approved by the Council of Ministers Agreement of 22 June 2012, " adequacy of the training offer and the research into business demand ".

Article 3. Geographical scope.

The activities to be supported may be carried out in all or part of the Spanish territory.

Article 4. Objectives.

The actions related in this order are intended to contribute to the adequacy of the training offer and the research to the business demand. In this sense, they are priority objectives:

a) Strengthening and improving the training of professionals in the tourism sector, so that Spain, which is already a global tourist reference, is also in the training of professionals in this sector.

b) Strengthening and improving the skills of the entire service chain.

c) To ensure that the tourism sector has at its disposal the professionals it demands today for its maintenance as a pillar of the Spanish economy.

d) Strengthening and improving the overall management of tourism companies: their teams, management procedures, marketing techniques, budgetary control, client relations, social networks, new technologies and buying and selling.

Article 5. Characteristics of the aid.

1. These aids are granted in accordance with Articles 23 et seq. of Law 38/2003 of 17 November.

2. The aid granted will cover the form of loans. The characteristics of the aid in the form of loans will be as follows:

(a) An eventual modulation by reducing both the maximum funding and the repayment or the lack of funding can be determined on each call.

(b) The interest rate of application shall also be determined on each call, in accordance with the legal framework in force.

(c) The method of amortisation shall be of constant and equal shares, i.e. the sum of amortisation plus interest shall be paid in instalments of equal amounts at the end of each of the amortisation periods determined in the grant resolution. In this way, the periodic redemptions are increasing in geometric progression whose reason is given by the interest rate plus the unit.

3. The maximum funding may be up to 75% of the eligible cost of the projects, which will not be able to exceed 1,000,000 euros. The final value of the percentage shall be, with the limit laid down, at the request of the applicant. This is, the beneficiary could request a different percentage, but never more than 75% of the amount of his project, without prejudice to what is effectively the total eligible costs, acceptable for financing.

4. The maximum repayment period shall be five years, including a maximum period of not more than two years to be applied to each aid granted. The payment of the amortisation and the corresponding interest shall be made at the end of each depreciation period determined in the granting resolution.

5. The financing of such aid shall be allocated to the budgetary applications which shall be determined for each year in the corresponding General Budget of the State and shall be specified in each call.

Article 6. Concession scheme.

The granting of regulated loans in this order is governed by the principles of advertising, transparency, objectivity and competitive competition.

Article 7. Beneficiaries.

1. Public and/or private hospitality schools legally constituted in Spain may be applicants and beneficiaries of such aid as determined in the relevant call resolution.

2. For the purposes of this order, schools are considered to be those training centres which are specially trained to provide regulated training in the fields of cuisine and gastronomy, hotel management, hotel management, and are also eligible for training. qualified to issue official qualifications, and who are therefore subject to prior authorisation, and to the guidelines, curricula, processes and educational arrangements established by the Autonomous Community to which they belong.

3. Applicants for such aid must, as a condition of economic solvency at the time of filing, prove that the sum of their assets and rights, including claims against third parties, is higher than the sum of their debts. increased by 50 percent.

Article 8. Types of projects and actions to be supported.

1. Projects and actions which may be the subject of support for the programme support for hotel and hospitality schools should consist of:

a) Inclusion in the academic program of subjects linked to the generation and empowerment of innovation management in students.

b) Orienting academic programmes towards the understanding and use of new technologies in all fields of enterprise (communication, promotion, marketing, management, energy efficiency, etc.) and other modules knowledge of the new digital economy.

c) Adapting curricula to socioeconomic reality and socio-productive and occupational characteristics.

d) To promote the culture of environmental respect and the introduction of quality standards.

e) Promote the acquisition of skills by students in companies in the sector, through scholarship programs or the like.

f) Creating work bags and exchange programs.

g) Potentially the internationalization of schools.

2. The actions to be financed from these loans must have started to be implemented after the date of publication of the relevant call. In addition, the maximum period for implementation of the action shall be three years, and all those that have been carried out before the end of the period may be included among the eligible costs.

Article 9. Eligible expenditure.

1. The aid shall be used to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid may be applied to the following concepts:

a) Staff expenses.

b) Costs of instrumental and inventoried material, to the extent and during the period in which it is used for the project.

c) Contract research costs, technical knowledge, studies, and promotion costs.

d) Acquisition and improvement of inventoried goods.

e) The compensation of overheads and their allocation to the project is set at a maximum rate of 10% of the total project staff costs, without any justification.

(f) Other operating expenses, including costs of material, supplies and similar products that are directly derived from the project activity.

2. The maximum funding limits for eligible staff expenditure and eligible expenditure for promotion shall be specified in each call.

3. In the case of acquisition and improvement of inventoried goods, the beneficiary must allocate the goods at the end of the project for which the subsidy was granted for a minimum period of two years after the end of the project, and shall be application of the rules laid down in Article 31 (4) of Law 38/2003 of 17 November.

Article 10. Subcontracting.

1. A beneficiary subcontracts when it has a third party with the total or partial implementation of the activity covered by the aid. It is outside this concept that the costs incurred by the beneficiary for the performance of the activity covered by the aid are to be contracted.

2. The cost of subcontracting shall in no case exceed 50% of the total cost of the performance.

3. In relation to all matters relating to subcontracting, the provisions of Article 29 of Law 38/2003 of 17 November and consistent regulations shall apply.

Article 11. Compatibility with other aids.

1. The perception of the aid provided for in this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose from any public or private government or public authorities, national, European Union or international bodies.

2. This compatibility will be conditional on the following rules:

(a) that the amount of the aid received from other calls, in no case may be such that, in isolation or in competition with others, it exceeds the amount of the aid applicable in accordance with the provisions laid down in Article 5.3).

(b) that the amount of aid received from other calls under no circumstances may be such that, in isolation or in competition with others, it exceeds the cost of the subsidised activity.

3. The applicant shall declare the aid which it has obtained or requested for the actions covered by this order, either by submitting the proposals or at any subsequent time in which this circumstance occurs, which may give rise to such aid. (a) corresponding minorations in the amount of the aid granted, or may even give rise to the revocation of the aid granted, or to understand that the waiver or withdrawal of the aid has occurred.


Aid management procedure

Article 12. Form and presentation of requests.

1. The time limit for the submission of applications, which shall be fixed for each call, shall be no more than two months from the publication of the call in the Official Gazette of the State.

2. Participation in the call for assistance to hospitality schools includes the following documentation:

a) Request/Questionnaire. It will be available for completion and presentation at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //, once the corresponding call has been published. It will be adapted to what is available in each call.

The following statements will be included within the application and questionnaire form:

1. Statement of public aid requested and received for the same project. Such a declaration shall be made when submitting an application or at any subsequent time in which this circumstance occurs.

2. th Declaration by the applicant that the data of the financial statements accompanying the application are true and that they express the true image of the property and the financial situation of the applicant, as of the results of your operations.

b) Memory.

Memory will be integrated by:

1. Technical and economic memory relating to the cost and the way in which it is to be financed. The memory will contain the following information:

i. Trajectory of the school.

ii. Project objectives.

iii. Description of the performance or actions to be financed.

iv. Cronogram.

2. Action Budget.

3. The relative information, if any, to the external contributors who will participate in the project execution.

c) Other documentation:

1. The identification card for legal persons and entities in general (NIF-tax identification number).

2. Valid accreditation of the power of attorney, registered in the commercial register (in the case of commercial companies) or the one that proceeds, corresponding to the signatory of the application.

3. Annual full accounts of the last two financial years (presented in the Mercantile Register).

4. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the authorization of the (a) the applicant for the granting of the accreditation of the fulfilment of tax obligations and of social security through electronic certificates. However, the applicant may expressly refuse consent, and must then provide such certifications.

The documentation referred to must be provided by any means that allows to be aware of its authenticity, in accordance with the provisions of Chapter III of Royal Decree 772/1999, of 7 May, for which the the submission of applications, written and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the arrangements for registration offices.

The documentation required for participation may be modified for 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 case will exceed 5 Mbytes of information.

3. The request/questionnaire, accompanied by questionnaire, memory and other additional documents, will be addressed to the Secretary of State of Tourism and its presentation will be made to the electronic register of the Ministry of Industry, Energy and Tourism by advanced electronic signature. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid which must be legally represented by the entity.

4. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days of the day following the day of receipt of the requirement, remedy the lack or accompany the required documents, with a warning that if it does not do so, it shall be given the withdrawal of the application, in accordance with Article 71 of that Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Procedure Common Administrative.

Article 13. Competent bodies to convene, instruct and resolve the procedure.

1. It shall be competent to convene and resolve the procedures for granting the aid referred to in this order by the holder of the Secretary of State for Tourism.

2. It shall be competent for the instruction and management of the procedures for granting aid under the General Subdirectorate for Tourism Development and Sustainability, which is an administrative body under the Secretary of State for Tourism.

3. The assessment report for applications shall be made by an evaluation committee, which shall function as a collegiate body and shall be composed of:

(a) A voice of the Secretary of State of Tourism (Ministry of Industry, Energy and Tourism), who will preside over the said commission, appointed by the head of the Ministry of Tourism.

b) A vowel appointed by the Undersecretary of the Ministry of Industry, Energy and Tourism.

c) A voice of the Ministry of Industry, Energy and Tourism's (Ministry of Tourism) General Subdirectorate General for Development and Tourism Sustainability, designated by this Subdirectorate.

d) A voice of the Ministry of Industry, Energy and Tourism's General Subdirectorate for Tourism Cooperation and Competitiveness (Secretariat of State of Tourism) appointed by this Subdirectorate.

e) A member of the School of Industrial Organization (EOI) appointed by the head of the Ministry of Tourism.

An official of the General Subdirectorate of Tourism Development and Sustainability will act as secretary, with voice but no vote, designated by this Subdirection.

The functioning of the evaluation commission will be addressed with the personal, technical and budgetary means of the body in which it is integrated.

4. The proposal for a provisional and final resolution, duly substantiated, will be raised to the Secretary of State for Tourism by the instructor.

5. The operation of all the bodies and entities referred to above shall always be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 14. Assessment.

1. The assessment shall be carried out by the evaluation committee described in Article 13, who shall analyse and apply the assessment criteria set out in this order, on a proposal, where appropriate, of the contributing entity.

2. The assessment and selection of applications shall be carried out on a competitive basis on the basis of the documentation provided, in accordance with the criteria and procedures laid down in Article 15 et seq. of this order and in Article 8 of Law 38/2003 of 17 November.

Article 15. Evaluation criteria.

1. Each application for a proposed aid will be globally qualified from 0 to 100 points. On the basis of the scores obtained, ordered from the highest to the lowest, and as far as the available budget credit is available, applications for which the proposals will qualify for 50 points may be eligible for aid. This qualification will result from assessing the criteria set for each of the lines of action or eligible projects and adding the score obtained in each of them, having to obtain at least a minimum of 50 per percent of the maximum score per criterion to be eligible.

2. The economic solvency of the school, in accordance with Article 7 (3), and the adequacy of the project to the objectives of the programme and the types of projects or actions, shall be analysed prior to the evaluation. susceptible of aid. If such adequacy is not given and the solvency of the project will be dismissed without being assessed.

3. The criteria for evaluating the requests referred to are:

a) The project's innovative character (from 0 to 25 points).

This criterion will take into account improvements to the existing programme, as well as the incorporation of new training materials or methodologies or the establishment of innovative business fabric collaboration systems.

b) Adequation to the needs of the labour market (0 to 30 points). The knowledge of the labour market and of each of the subsectors in which the students will be inserted, and the adequacy of the programme to the needs identified, will be assessed.

c) Business collaboration program (from 0 to 25 points). Relationships with companies in the industry will be valued for their collaboration as trainers, consultants and collaborative programmes for practices.

d) Internationalizing Character (0 10 points). It will be assessed that the project will help the international positioning of the School and its ability to attract international students.

e) Economic and financial viability of the project (from 0 to 10 points). To be taken into account:

1. The relationship between total billing and total project budget.

2. Potential Market Analysis.

3. No Account of Justified Results.

In cases where the school has no positive balances in both the circulating and the operating margin for typical issues, the ordinals 1. º and 3. º will not be scored.

Article 16. Interim and final resolution.

1. In the light of the dossier and of the report of the evaluation committee set up in accordance with Article 13, the instructor shall make a proposal for a provisional, duly substantiated, decision to be notified to the parties concerned. The instructor shall publish the draft provisional resolution with the list of loans to be granted and refused in its electronic headquarters. The time limit for making representations to such a proposal shall be 10 days. After that period, and in the light of the arguments which have been submitted, the proposal for a final decision shall be formulated.

The interim and final draft resolutions do not create any right in favour of the beneficiary in the face of the Administration, while the granting resolution has not been notified to it.

2. Once the arguments have been received, the instructor will make the final decision, which will be raised to the competent body, which will give the appropriate reasoned decision, estimating or dismissing the granting of the loans. requested. The instructor shall publish the final list of loans granted and refused at its electronic headquarters.

3. The final decision shall put an end to the administrative procedure, against which the right to a replacement may be brought within a period of one month from the day following that of the notification of the decision. Without prejudice to the foregoing, it may be brought before the Court of First Instance of the National Court against these decisions within two months of the day following that of the notification.

4. As set out in Article 63.3 of the Regulation of 17 November of 17 November, adopted by Royal Decree 887/2006 of 21 July, the decision to grant a grant, in addition to containing the applicants for which the aid is granted and the express rejection of the other applications, may include an orderly relationship of all applications which, in compliance with the administrative and technical conditions laid down in these bases to acquire the status of beneficiary, have been estimated to exceed the maximum amount of the credit set out in the call; an indication of the score given to each of them on the basis of the assessment criteria laid down in the assessment.

In this case, if the grant is waived by any of the beneficiaries within one month of the notification of the granting decision, the granting body shall agree, without the need for a new call, to the grant of the grant to the applicant or applicants following that in order to score, provided that, with the waiver by some beneficiaries, sufficient credit has been released to meet at least one of the applications refused. Outside of this set deadline, the replacement legal mechanism will not operate.

5. The maximum period for the decision of the procedure and its notification shall be six months from the day following that of the publication of the notice in the Official Gazette of the State. If the competent authority to resolve such a decision has not been notified, the parties concerned shall be entitled to understand their request.

6. The notifications shall be made in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure.

7. The publication of the provisional and final motions for resolutions, as well as the decisions to grant them, refusals and their possible subsequent amendments and the other acts of the procedure, in the aid portal hosted at the headquarters The Ministry of Industry, Energy and Tourism (https: // shall have all the effects of the notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November 1992 on the competitive concurrency procedures.

Article 17. Modifications.

1. The actions financed shall be implemented in the time and form to be laid down in the granting decisions. However, where specific circumstances arise which alter the technical or economic conditions to be taken into account for the application or grant of the aid, the beneficiary may request the amendment of the granting decision. The amendment must be requested at least one month before the end of the period for the implementation of the project and must be expressly accepted. The granting body may also agree to an extension of the time limit for the implementation of the projects or actions on a justified basis and in accordance with the provisions of this paragraph.

Accepted the modification of the grant decision, the applicant shall be obliged, immediately, to have received the notification of acceptance to the return of the capital and interest corresponding to the accepted low and to the accreditation to the granting body of its entry into the Treasury. The reduction of the authorised amendment shall not exceed 35% of the eligible investment, as set out in Article 20.3.

2. The following may be invoked as circumstances which have altered the following technical or economic conditions:

(a) Inappropriateness of the project by objective reasons which determine its lack of suitability, consisting of circumstances which have been revealed after the granting of the loan and which were not foreseeable before applying all required diligence in accordance with good professional practice in the design of the project or in the drafting of the technical specifications.

b) Need to adjust the activity to technical, environmental, urban, safety or accessibility specifications approved after the loan is awarded.

(c) It is appropriate to incorporate technical progress in the activity which is significantly improved, provided that its availability on the market, in accordance with the state of the art, has occurred after the award of the loan.

d) Force majeure or fortuitous case that would make it impossible to execute the performance or project in the initially defined terms.

3. A decision to grant loans may not be amended where the following changes in technical or economic conditions have occurred:

(a) The assumptions in which the amendment has affected the basic characteristics of the performance financed to which Articles 8 and 9 refer.

(b) The assumptions in which, if the alteration occurred at the time of the loan application, such alteration would have affected the determination of the beneficiary or that third party rights were being damaged. However, the alterations related to the merger, absorption and division of companies will be allegable.

(c) The assumptions in which decreases in excess of 10% are produced in the concepts eligible for aid related to Article 9.

(d) Assumptions for the extension of the deadline for the implementation of projects or actions that do not respect the limits laid down in Article 70 of the Regulation of 17 November, adopted by Royal Decree 887/2006, of 17 November, 21 July.

Article 18. Guarantees and payment of the aid.

1. The calls shall, in advance of the final grant of the loans, establish as a condition for the granting of the loan to private schools, the lodging of a guarantee, by means of a contribution from the latter. of the lodging of a guarantee to the General Deposit Box, in any of the modalities provided for in Royal Decree 161/1997 of 7 February, approving the Regulation of the General Deposit Box and the Order of the Ministry of Economy and Finance of 7 January 2000, which develops the aforementioned Royal Decree, and with the requirements set out in such rules.

The following modes are accepted:

(a) Securities represented in the account or shares in investment funds, represented by nominative certificates.

(b) Avals provided by credit institutions or mutual guarantee companies.

c) Caution insurance granted by insurance entities.

The amount of the guarantee, the time limit for its contribution and the form of cancellation will be determined in the corresponding call for aid.

The failure to submit the guarantee to the competent body within the time limit set by the decisions to be called will have the effect of waiving the aid granted.

The guarantees will be released in instalments as the loan repayment takes place and, where appropriate, once the amounts that may be reintegrated have been reintegrated.

Once the effective justification for the implementation of the project or action has been certified, it may be authorised by the instructor that a credit institution assumes, irrevocably and with due guarantees, the repayment according to the repayment schedule set out in the concession decision after the verification of the justification submitted. This authorisation by the instructor shall allow, where appropriate, the cancellation of the guarantees previously provided by the applicant, provided that, prior to, a debt assumption has been made by the institution of the credit, all without prejudice to the responsibilities which may be payable to the beneficiaries.

In the case of bank guarantees, in the certificate of debt assumption by the financial institution, it will expressly state that the bank will face the payment of the guarantee, at first and without causing any cause, before a implementation of the Ministry of Industry, Energy and Tourism (MINETUR). The enforcement of the guarantee shall be possible in the event of any non-compliance regardless of the amount.

2. The loans referred to in these bases will be paid prior to the performance of the financed action, even if the granting of the granting of a decision is made.

3. The payment of the loan shall in any event be conditional on the evidence being given to the managing body that the beneficiary complies with the requirements laid down in this order, as well as those referred to in Article 34 of the General Grant Law, including to be aware of the compliance with their tax obligations and in the face of social security. In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to provide the appropriate certificates within the maximum period of 10 days from the day following the notification of the requirement.

The failure to submit the required documentation within the 10-day period shall, without further delay, result in the withdrawal of the aid granted and shall be immediately referred to in the second paragraph of Article 16.4.

Article 19. Justification of expenses.

1. The beneficiary shall have a maximum period of three months, from the end of the execution period, for the justification of the activities and expenses incurred, which shall be indicated in the decision to grant.

2. Where appropriate, the beneficiary shall make an express statement of the amount of aid or grants awarded for the same activity or conduct by any government or public entity.

3. The justification and effective payment of the eligible expenditure, as well as the declaration of activities carried out under the aid, the sources of financing for the project and its implementation, shall be credited with the presentation of the relevant account. supporting documents, specifying the above elements and the breakdown of each of the expenditure incurred, in accordance with the standard model which the managing body shall provide to the beneficiaries.

4. Expenditure shall be credited by means of invoices and other documents of probative value equivalent to validity in commercial legal traffic or with administrative efficiency. For the justification of expenditure incurred in another country, they shall comply with the requirements required by the legislation of each of them.

In case the documents provided are in a language other than Spanish, English, French, Italian or Portuguese, translation of the description of the service, supply or other type of expenditure shall be attached.

5. All the documentation of the performance of the project or action may be presented in physical and CD or USB memory, in front of the General Register of the Ministry of Industry, Energy and Tourism, or in any of the places mentioned in the article 38.4 of Law 30/1992, of November 26.

The electronic submission of the supporting documentation shall be understood to include both the initial submission, within the period indicated above, and any possible sub-sanctions to be applied to the beneficiaries. by the managing body.

However, the referral of such documentation in computerised form does not exempt beneficiaries from retaining the originals of the supporting documents, audit reports, etc., in case they are required to do so. subsequently by the managing body of the aid or, when carrying out the control activities legally provided for, by the General Intervention of the State Administration or the Court of Auditors.

6. Prior to the completion of the implementation period, and in order to ensure maximum compliance with the objectives for which the loan has been granted, the managing body shall ask the beneficiary for detailed information and updated state of the investment or funded performance.

This request for information will be made mandatory after the end of the execution period, and in any other time, the circumstances will be appreciated by the managing body.

The beneficiaries of the loans must provide the managing body with the information requested. Failure to comply with that obligation shall result in the withdrawal of the loan and the obligation to make the repayment as appropriate in accordance with Articles 20 and the following.

7. The beneficiaries must comply with the obligations laid down in Article 14 of Law 38/2003 of 17 November and in this order, as well as the specific instructions which, in application and compliance with the law cited and in this order, communicate the managing body for the implementation, monitoring, delivery of loans, information and publicity, justification and control of expenditure.

Article 20. Graduation criteria for possible defaults.

1. The total non-compliance of the purposes for which the aid was granted, the realisation of the financial costs, or the obligation to justify it, shall give rise to the loss of the right to the aid granted and, where appropriate, to the repayment of the payment the interest on late payment from the time of payment to the date on which the refund is agreed.

2. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by a performance unequivocally to the satisfaction of its commitments and the conditions for granting the aid, You will consider the following criteria:

The partial non-performance of the purposes for which the aid was granted, the realisation of the financial investment, or the obligation of justification, will lead to the loss of the right to the aid allocated to the beneficiary or, where applicable, to the repayment of the advance payment plus interest on late payment, in the percentage corresponding to the investment not made or not justified.

3. For the purposes of the preceding paragraphs, the equivalent of a percentage of less than 65% of the eligible investment shall be deemed to be in total non-compliance, and the total of the total of the total non-compliance equivalent to 65 percent or more.

Article 21. Refund procedure.

1. The agreement to initiate the refund procedure shall indicate the cause of the start, the obligations under which the refund is to be paid and the amount of the subsidy concerned.

2. Upon receipt of notification of the initiation of the refund procedure, the person concerned may submit the relevant allegations and documentation within 15 days.

3. It shall be for the decision of the file to be passed to the grant-giving body and the person concerned shall be notified within a maximum period of 12 months from the date of the initiation agreement. The decision shall indicate who is the person liable for reimbursement, the obligations under consideration, the cause of the proceedings between those provided for in Article 37 of the General Grant Act and the amount of the grant to be reintegrated with the interest for late payment.

4. The jurisdiction to require the beneficiaries to repay the loans shall be the responsibility of the body responsible for granting them.

Article 22. Advertising.

Any reference in any means of dissemination to the project subject to the present aid must include that it has been supported by the Ministry of Tourism of the Ministry of Industry, Energy and Tourism.

Failure to comply with this obligation shall be deemed to be a minor infringement in accordance with Article 56.c of Law 38/2003 of 17 November and shall be punishable by a fixed penalty in accordance with the terms of Article 59 thereof. law.

Single additional disposition. Staff costs.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.13. of the Spanish Constitution, which confers exclusive competence on the State 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 Industry, Energy and Tourism, José Manuel Soria López.