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Royal Decree 898/2015, Of 9 October, Which Regulates The Granting Of A Direct Subsidy From The Ministry Of Education, Culture And Sport To The Trustees Of The Royal Tapestry Factory Sanitation And Restoration Of Their Ec Status...

Original Language Title: Real Decreto 898/2015, de 9 de octubre, por el que se regula la concesión de una subvención directa del Ministerio de Educación, Cultura y Deporte a la Fundación de la Real Fábrica de Tapices para el saneamiento y restitución de su situación ec...

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Corresponds to the Ministry of Education, Culture and Sport, in accordance with Article 8 of Royal Decree 1823/2011 of 21 December, which restructured the ministerial departments, the proposal and the implementation of the Government in education, vocational training and universities, as well as the promotion, protection and dissemination of the Spanish historical heritage, the state museums and the arts, the book, the reading and the literary creation, cinematographic and audiovisual activities and state books and libraries, the promotion and dissemination of culture in Spanish, as well as the promotion of cultural cooperation actions and, in coordination with the Ministry of Foreign Affairs and Cooperation, international relations in the field of culture.

Also, according to article 10.1.b), c) and d) of the Royal Decree 257/2012, of 27 January, for which the basic organic structure of the Ministry of Education, Culture and Sport is developed, it corresponds to the General of Fine Arts and Cultural Property and of Archives and Libraries, as an organ attached to the Secretariat of State Culture, the proposed acquisition of assets of the Spanish historical patrimony and of the measures to be taken for its protection and defense, coordination with the units of the Ministry that intervene in the management of The Spanish historical heritage, as well as with the other ministerial departments and, where appropriate, with the other public administrations and the exercise of the powers corresponding to the General Administration of the State for the implementation of the legal regime for the protection of historical heritage. In addition, in accordance with paragraphs (e) and (f) of the same Article, cooperation with other administrations and public or private museums in the field of museums is also appropriate.

In the framework of these functions, currently the Ministry of Education, Culture and Sport is a member of the Board of Trustees of the Royal Foundation of Tapices through the holder of the Subdirección General de Protección del Historical Heritage of the Secretariat of State of Culture. It is also part of the Museo de Arte Contemporáneo Esteban Vicente, together with the following Public Administrations: Junta de Castilla y León, the Provincial Diputación de Segovia, and the City of Segovia.

Both institutions constitute a reference to the Spanish cultural heritage. The Royal Factory of Tapices, which has maintained its production since the year 1721, and which since 1996 operates in the form of foundation, constitutes a unique institution in the world, whose work has contributed in a fundamental way to the preservation of the Manufacture of tapestries, carpets and refuels, and to maintain the cultural reference of the Royal Factories, founded on the initiative of the first Borbones, in their role as a preserving entity for the transmission of secular trades and the dissemination of their own historical legacy. For its part, the Museum of Contemporary Art Esteban Vicente is a national and international reference in contemporary art, and houses an important collection of works by the artist Esteban Vicente, the only Spanish member of the first generation of the New York School of American Abstract Expressionism.

in the light of the above, both institutions are in a precarious budgetary position which has led to the implementation of various planning solutions aimed at alleviating the current problems of treasury and ensure continuity in the exercise of their respective activities.

Particularly, the Royal Factory of Tapices Foundation faces a critical circumstance of institutional and financial weakness that has elevated the total amount of the institution's debts and has been a serious impairment. both for the workers of the Royal Factory and for the continuity of its operation.

The difficult situation of the institution has motivated the assumption of new commitments by the Foundation and the three Public Administrations present in the Board of Trustees, which have undertaken to make contributions additional economic activities as soon as possible to reverse the situation and thus conjure up these difficulties.

The Ministry of Education, Culture and Sport, considering the Royal Factory as a priority, and fully aware of the imperative need for a solution for which it is an institution would deposit an important legacy This is an important step in the process of reversion. It is necessary to lead this reversal process by committing itself to collaborate with an extraordinary and exceptional contribution, thus supporting the survival of the Royal Factory through the acquisition of the resources necessary for their stable management and financing, in accordance with the budgetary availability.

For their part, the difficulties of the Esteban Vicente Museum of Art motivated the approval by the plenary of the Consortium of the Museum of an Economic and Financial Plan on June 11, 2014, in order to restore the balance the entity's budget and ensure its viability.

The Economic and Financial Plan is based on the reduction of the expenses of the Museum and, on the other hand, an extraordinary endowment of the contributions of the Public Administrations. participants to eliminate the existing deficit.

The Ministry of Education, Culture and Sport, also aware of the difficult moment this institution is going through, is committed to collaborating in the implementation of this Economic and Financial Plan with an extraordinary contribution. and exceptional, thus supporting the continuity and survival of a Museum of capital importance for the conservation and dissemination of the work of Esteban Vicente.

Both grants of direct concession in favor of the Royal Foundation of Tapices and of the Consortium that manages the activity of the Museum of Contemporary Art Esteban Vicente, are granted in accordance with the provisions of the Articles 22.2.c) and 28.2 and 28.3 of Law 38/2003, of 17 November, General of Grants, and Article 67 of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law on Grants.

The grant of grants of this nature is part of the Ministry of Education, Culture and Sport, through the Secretariat of State of Culture, in accordance with the provisions of Royal Decree 257/2012, 27 of January, for which the basic organic structure of the Ministry of Education, Culture and Sport is developed.

In its virtue, on the proposal of the Minister of Education, Culture and Sport, with the report of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting on October 9, 2015,

DISPONGO:

Article 1. Object.

This royal decree aims to regulate the direct grant of two exceptional aid to the Royal Foundation of Tapices for its financial support and the Museum of Contemporary Art. Esteban Vicente, for the execution of his Economic and Financial Plan.

Article 2. Reasons of public interest in their granting and impossibility of public convocation.

1. These grants are granted directly pursuant to Article 22.2.c) of Law 38/2003 of 17 November, General of Grants, in relation to the provisions of Article 28 (2) and (3) of that Law, For reasons of public, social and cultural interest.

The subsidies regulated in this royal decree have a singular character, stemming from the urgent need to guarantee the budgetary balance of the entities. Given the specific object of the aid, a direct concession is required and no public notice is required.

2. In particular, the reasons of public interest justifying the direct grant of the subsidy to the identified entities are:

(a) the need to support the restitution of the financial equilibrium of the Royal Tapestry Factory to ensure the continuity of an institution essential for the Historical Heritage.

b) the viability of the Museum of Contemporary Art. They were Vicente maintaining as much as possible their museum project and the development of their activities, which have made it one of the main references among the art museums contemporary in Spain.

Article 3. Beneficiary entities.

The beneficiaries of the grants will be the Fundación Real Fábrica de Tapices and the Consortium Museum of Contemporary Art Esteban Vicente, which is part of the Ministry of Education, Culture and Sport.

Article 4. Subsidised activity.

The activity for which the subsidy is granted consists, in the case of the Real Factory of Tapices, in the restitution of the financial equilibrium of the institution by means of the payment and fulfillment of the economic commitments that do not have been able to be satisfied, and, in the case of the Museo de Arte Contemporáneo Esteban Vicente, in the implementation of the Economic and Financial Plan approved by the Consortium's plenary.

Article 5. Amount.

The amount of the grants, will amount to three hundred thousand euros (300,000 €) for the Fundación Real Fabrica de Tapices and a hundred and twenty thousand (120,000 €) for the Esteban Vicente Museum Consortium, which will be paid to the appropriations to be provided in the budgets of the Ministry of Education, Culture and Sport.

Article 6. Grant procedure: Start, instruction, and termination.

1. The procedure for granting the grants provided for in this royal decree shall be initiated at the request of the beneficiaries by submitting a request within a maximum of 10 days from the date of entry into force of the decision. The application, whose model is attached as an annex to this Royal Decree, will be presented in the Auxiliary Register of the Ministry of Education, Culture and Sport, Plaza del Rey, 1, Madrid, or in any of the places set out in article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The application may also be submitted by electronic registration of the Ministry of Education, Culture and Sport (http://www.mecd.es/registro).

The lack of submission of the application by the beneficiaries within the indicated period will determine the loss of the right to the grant of the grant.

2. The General Secretariat for the Protection of the Historical Heritage will act as an instructor of the procedure for the grant to the Foundation of the Royal Factory of Tapices.

The General Subdirectorate of State Museums will act as an instructor of the procedure for the grant to the Museo de Arte Contemporáneo Esteban Vicente.

The functions of the instructors will be:

a) Examine the submitted application and documentation and check the data under which the resolution is to be adopted.

b) Evaluate the application, taking into account the suitability of the proposed action project for the purpose of the grant.

c) Formulate the grant resolution proposal.

(d) To obtain if it is necessary to provide further information to the applicant and to reports on the services of the Ministry of Education, Culture and Sport, as well as professionals or experts of recognised prestige.

3. The procedure for the award of grants shall be terminated by the decision to grant the grant, the competence of which shall be the responsibility of the Secretary of State for Culture.

The resolution shall include the extremes referred to in Article 65.3 of Royal Decree 887/2006 of 21 July, which is approved by the Regulation of Law 38/2003 of 17 November, General of Grants.

The grant resolution proposal must be accepted by the beneficiaries. The time limit for acceptance shall be no more than ten days from the day following that of its notification, it being understood that the grant waiver shall be waived if the express acceptance does not occur within the prescribed period.

Article 7. Obligations of the beneficiaries.

The beneficiaries of these grants will be forced to:

(a) Carry out the activity for which the subsidy has been granted in the granting resolution within the time limit set out in the concession decision, and present the justification within the maximum period of three months from the termination of the activity; in the form provided for in Article 9.

b) Communicate to the Ministry of Education, Culture and Sport the grant of grants from any public or private entity for the same purpose.

c) Submit to the regulations on supervision, monitoring and control of grants as well as providing all the information required by the grant management bodies.

d) To indicate in the brochures, posters and other documentation and material used in the development of the subsidized activity that is carried out in collaboration with the Ministry of Education, Culture and Sport.

e) To remain, in any case, subject to the obligations imposed by Article 14 and consistent with Law 38/2003, of 17 November, General of Grants.

Article 8. Payment of the grants.

1. The amount of the grants shall be paid out of the appropriations provided for in the budgets of the Ministry of Education, Culture and Sport for the financial year 2015.

2. The payment of the grants shall be made in favour of the beneficiaries in the financial year 2015 after the granting of the grant decision, without the need to constitute a guarantee, and subject to the conditions required for the payment of the grants. grants under the current rules.

Article 9. Scheme of justification for subsidies.

The beneficiary shall justify to the instructor the compliance with the conditions imposed and the achievement of the objectives set out in the grant of the grant.

The surrender of the supporting account shall be adjusted to the supporting account mode with the input of the auditor report. The supporting account shall consist of: an action memory, supporting the fulfilment of the conditions imposed in the grant of the grant, indicating the activities carried out on the results obtained and the Deviations from the expected results; and an abbreviated economic memory, incorporating the minimum content set out in Article 74 (5) of the Royal Decree 887/2006 of 21 July, and, in any case, the accounts full annual, duly audited.

Article 10. Applicable legal regime.

These grants will be governed, in addition to the provisions of this royal decree, by Law 38/2003, of 17 November, General of Grants, and by the Regulation of the aforementioned law, approved by Royal Decree 887/2006, of July 21, except as regards the principles of advertising and competition, as well as the other rules of administrative law which are applicable.

Article 11. Reimbursement of subsidies.

The reimbursement of the grants will be required with the interest of the corresponding delay from the moment of payment of these, in the cases and in the terms provided for in Articles 37 to 43 of Law 38/2003, of 17 November, General of Grants.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.2 of the Spanish Constitution, which states that, without prejudice to the powers that the autonomous communities may assume, the State shall consider the service of culture as essential duty and attribution and facilitate cultural communication between the autonomous communities, according to them.

Final disposition second. Budgetary changes.

In order to comply with the provisions of this royal decree, the necessary budgetary changes will be made in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

Final disposition third. Entry into force.

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

Given in Madrid, on October 9, 2015.

FELIPE R.

The Minister of Education, Culture and Sport,

INIGO MÉNDEZ DE VIGO Y MONTINJO

ANNEX

Direct Grant Grant Request Model

(The application must be accompanied by the documents that are cited)

1. GRANT IDENTIFICATION.

-Annuity:

-Public Body/Steering Center:

-Amount:

-Title:

2. BENEFICIARY.

Requesting Entity:

-Name or social reason (*):

-Entity type:

-Signs:

-NIF:

-Home:

-Locality:

-Province:

-Country:

-Phone:

-Email:

-Web page:

(*) The name must be matched with the name in this royal decree.

Representative data:

-Name:

-Last Name:

-DNI/NIF:

-Charge:

Address data for notification purposes:

-Home:

-Locality:

-Province:

-Postal code:

-Country:

Contact person data if different from the requester:

-First and last names:

-Phone:

-Email:

3. INFORMATION AND CONSENT.

INFORMATION ON THE ORGANIZATION OF DATA PROTECTION LAW: For the purposes set out in Article 5 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the data reported in this document they will be incorporated into a file of which the Ministry of Education, Culture and Sport is the holder. Your data will be used only for the management of grants and grants and will not be transferred or used for a different purpose. With respect to the above mentioned data, you can exercise the rights of access, rectification, cancellation and opposition, in the terms provided for in the indicated Organic Law 15/1999, of December 13, before the Ministry of Education, Culture and Sport.

AUTHORIZATION FOR THE DISSEMINATION OF INFORMATION ON GRANTS: I wish to receive information on grants from the Ministry of Education, Culture and Sport and I authorize the latter to use the data provided herein. request for shipment.

Yes □ No □

4. PROJECT, PROGRAM, OR PLAN DATA FOR WHICH THE GRANT IS REQUESTED.

-Project description:

-Start Date:

-End Date:

-Expected results:

5. PLACE THE ACTIVITY.

-Center name:

-Locality:

-Province:

-Country:

6. BUDGET BROKEN DOWN BY BASIC ITEMS OF PROJECT, PROGRAMME OR PLAN REVENUE AND EXPENDITURE.

7. OTHER GRANTS OR AID REQUESTED, WITH REFERENCE TO THOSE ACTUALLY GRANTED TO DATE, FOR THE SAME ACTIVITIES FOR WHICH THE GRANT IS REQUESTED (IF REQUESTED).

If you did not request other grants, check this box:

Help name:

Entity where you requested it:

Amount requested:

Amount granted:

Select the current state of the help:

Granted Denied

8. WHERE APPLICABLE, COMMENTS OR COMMENTS THAT THE BENEFICIARY WISHES TO MAKE.

9. RESPONSIBLE STATEMENTS REFERRED TO IN ARTICLE 13.7 OF LAW 38/2003 OF 17 NOVEMBER, GENERAL OF GRANTS, AND ARTICLES 24 AND 25 OF ITS REGULATION.

I declare that the Entity I represent:

(a) This is not incurred in the prohibitions to obtain the status of beneficiary to obtain grants as referred to in Article 13 of Law 38/2003, of 17 November, General of Grants.

b) You are aware of your tax and social security obligations.

c) Is not a debtor by resolution of origin of drawback.

Fdo.

10. AUTHORISATION TO OBTAIN INFORMATION REGARDING COMPLIANCE WITH TAX AND SOCIAL SECURITY OBLIGATIONS.

-Pursuant to Article 13.7 of Law 38/2003 of 17 November, General of Grants, as well as in Article 22.4 of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, EXPRESSLY AUTHORISED the Ministry of Education, Culture and Sport and its Public Bodies to request from the State Administration of Tax Administration the data relating to the fulfilment of the tax obligations. This authorisation is granted exclusively for the purpose of verifying compliance with the requirements laid down for the grant and recovery of the grant. (Delete as appropriate)

If Not

Fdo.

-Pursuant to Article 6 of Organic Law 15/1999 of 13 December on the Protection of Personal Data, EXPRESSLY AUTHORIZED the Ministry of Education, Culture and Sport and its Public Bodies to to request from the General Security Treasury the data relating to the fulfilment of the obligations towards social security. This authorisation is granted exclusively for the purpose of verifying compliance with the requirements laid down for the grant and recovery of the grant. (Delete as appropriate)

If Not

Fdo.

Place, date, and signature

MINISTRY OF EDUCATION, CULTURE AND SPORT. DIRECTORATE GENERAL/ PUBLIC BODY. MADRID.

Dorso to be quoted

The request must be accompanied by the following documentation:

-In the case of commercial companies: original or certified copy of the deed of incorporation or modification, if any, registered in the Mercantile Register, and copy of the number of tax identification.

-In the case of associations or foundations: original or certified copy of their statutes entered in the corresponding Register, and copy of the tax identification number.

-In the case of civil societies with legal personality who do not adopt legal forms of commercial companies: original or photocopy of the company contract and the tax identification number.

-If applicable, other documentation to be determined by the Manager Center.

-In all cases the person who subscribes to the application must certify that he has sufficient powers or powers to act in the name and representation of the beneficiary.

-Positive certificates, for the purpose of grants, of the State Administration of Tax Administration and of the General Treasury of Social Security, which demonstrate compliance with their tax obligations and with the Social Security, in accordance with Articles 18 and 19 of the Regulation of Law 38/2003 of 17 November, General of Grants. The contribution of such certificates shall not be required where the applicant has expressly indicated his authorisation for his data to be collected by the Management Body, by completing, in a positive sense, the option offered in point 10 of the this request.