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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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10925

Corresponds to the Ministry of education, culture and sport, in accordance with article 8 of the Royal Decree 1823 / 2011, of 21 December, which is restructuring the ministerial departments, proposal and implementation of the policy of the Government in education, vocational training and universities, as well as the promotion, protection and dissemination of the Spanish historical heritage, state museums and the arts , of the book, the reading and it creation literary, of them activities cinematographic and audiovisual and of them books and libraries State, the promotion and diffusion of the culture in Spanish, as well as the impulse of them actions of it cooperation cultural and, in coordination with the Ministry of affairs foreign and of cooperation, of them relations international in matter of culture.

(((Also, in accordance with the article 10.1. b), c) and d) of the Real Decree 257 / 2012, of 27 of January, by which is develops the structure organic basic of the Ministry of education, culture and sport, le corresponds to the address General of fine arts and goods cultural and of files and libraries, as organ attached to the Secretariat of State culture , the proposed acquisition of assets of the Spanish historical heritage and the measures to be taken for their protection and defence, coordination with units of the Ministry involved in the management of the Spanish historical heritage assets, as well as with the other ministerial departments and, where appropriate, with other public administrations and the exercise of competences that correspond to the General Administration of the State for the application of the legal regime of protection of the historical heritage. In addition, in accordance with paragraphs e) and f) of the same article is also cooperation with other administrations and public or private entities in the field of museums.

Within the framework of these functions, currently the Ministry of education, culture and sport is member of the Board of Trustees of the Foundation Royal tapestry factory through the titular person of the Subdirectorate General of protection of historical of the Secretary of State of culture heritage. Also part of the Museum consortium of Esteban Vicente contemporary art along with public administrations: Junta de Castilla y León, the Diputación Provincial de Segovia, and the city of Segovia.

Both institutions are two references of the Spanish cultural heritage. The Royal factory of tapestries, which keeps its production from the year 1721, and that since 1996 working in the form of Foundation, is a unique institution in the world, whose work has contributed fundamentally to the preservation of the manufacture of tapestries, carpets and cabinets, and to maintain the cultural reference of real factories, founded on the initiative of the first Bourbon , in his role as preserving entity of secular trades transmission and dissemination of its own historical legacy. For its part, the Esteban Vicente contemporary art museum is a national landmark and internationally in contemporary art, and houses an important collection of works by the artist Esteban Vicente, only Spanish Member of the first generation of the school of New York of the American abstract expressionism.

Despite this, both institutions are in a precarious budgetary situation which led to the implementation in practice of various solutions of planning which aims to alleviate the current problems of Treasury and ensure continuity in the exercise of their activities.

Particularly, the Foundation Royal tapestry factory is faced with a critical circumstance of institutional and financial weakness that has raised the total amount of the debts of the institution and has been a serious prejudice for the continuity of its operation both the Royal factory workers.

The difficult situation of the institution has motivated it assumption of new commitments from the Foundation and of them three administrations public present in the Board, that is have committed to make contributions economic additional so soon as is possible for reverse the situation and conjure so them cited difficulties.

The Ministry of education, culture and sport, whereas the Real factory as a priority, and fully aware of the urgent need for a solution to which is a depository institution of an important historical legacy whose survival is necessary to ensure, considered necessary to lead that process of reversal, undertaking to collaborate with an extraordinary and exceptional contribution thus supporting the livelihoods of the Royal factory through obtaining the resources necessary for stable management and financing , always in accordance with budgetary availability.

By its part, them difficulties of the Museum of art Esteban Vicente motivated it approval from the full of the consortium of the Museum of a Plan financial the 11 of June of 2014, with the purpose of reset the balance budget of the entity and ensure its viability.

The concerned economic and financial Plan is based on the one hand in the reduction of the costs of the operation of the Museum and, on the other hand, in an extraordinary allocation of the contributions of participating Governments to eliminate the existing deficit.

He Ministry of education, culture and sport, conscious also of the difficult time by which crosses this institution is committed to collaborate in the execution of this Plan economic and financial with a contribution extraordinary and exceptional, supporting thus it continuity and it survival of a Museum of capital importance for the conservation and broadcasting of the work of Esteban Vicente.

Both subsidies of direct grant in favour of the Foundation Royal factory of tapestries and the consortium which manages the activity of the Esteban Vicente contemporary art museum, 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 grants, and in article 67 of Royal Decree 887/2006 , 21 July, which approves the regulation of the General Law of subsidies.

Grants of this nature is part of the functions of the Ministry of education, culture and sport, through the Ministry of culture, in accordance with provisions in Royal Decree 257/2012, on 27 January, which develops the basic organizational structure of the Ministry of education, culture and sport.

In his virtue, to proposal of the Minister of education, culture and sport, with the report of the Minister of Hacienda and administrations public and prior deliberation of the Council of Ministers in its meeting of the day 9 of October of 2015, HAVE: article 1. Object.

This Royal Decree is to regulate the granting of two exceptional aid to the Foundation Royal tapestry factory for their financial support and the Museum consortium of Esteban Vicente contemporary art, for the execution of its Business Plan and financial.

Article 2. Reasons of interest public that concur in his concession and impossibility of its call public.

(1.Estas grants are awarded directly in application of the provisions in article 22.2. c) of the law 38/2003, 17 November, General grant, in relation to the provisions of paragraphs 2 and 3 of article 28 of this law, by go reasons for public, social and cultural.

Subsidies regulated in this Royal Decree have singular character, derived from the urgent need to ensure the budgetary balance of the entities. Given the object specific aid is required a direct grant and does not proceed a public call.

2 in particular, the reasons of public interest justifying the direct granting of the subsidy to the designated entities are: to) necessary to support the restoration of the financial balance of the Royal tapestry factory to ensure the continuity of essential for the heritage institution.

(b) the viability of the Museum of contemporary art were Vicente maintaining as far as possible their museum project and the development of its activities, which have become one of the main references between the museums of contemporary art in Spain.

Article 3. Beneficiary entities.

The grant recipients will be the Foundation Royal tapestry factory and Consortium Museum of art contemporary Esteban Vicente, of which it forms part the Ministry of education, culture and sport.

Article 4. Subsidized activity.

The activity for which the subsidy is granted consists, in the case of the Royal tapestry factory, in the restoration of the financial balance of the institution through the manure and economic commitments which don't have been able to be fulfilled, and, in the case of the Museum consortium of Esteban Vicente contemporary art, in the execution of the economic and financial Plan approved by the plenary of the Consortium.

Article 5. Amount.

He amount of them grants, will amount to three hundred thousand euros (300,000 €) for the Foundation Real factory of tapestries and to cent twenty thousand (120,000 €) for the consortium of the Museum Esteban Vicente, that is credited with cargo to them credits that is enabled in them budgets of the Ministry of education, culture and sport.

Article 6. Procedure of concession: home, instruction and completion.


(1. procedure of concession of them grants planned in this real Decree is will start to instance of them beneficiaries through the presentation of a request in the term maximum of ten days from your entry in force). The application, whose model is attached as an annex to this Royal Decree, shall be filed in the auxiliary registry of the Ministry of education, culture and sport, King's square, 1, Madrid, or in any of the established places in article 38.4 of law 30/1992, of November 26, of the public administration legal system and common administrative procedure.

The application also can present is electronically, through the registration electronic of the Ministry of education, culture and Sport (http://www.mecd.es/registro).

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

2. the Subdirectorate-General for the protection of the historical heritage act as organ instructor of the procedure for the grant to the Foundation of the Royal tapestry factory.

The General Sub-Directorate of State museums will act as organ instructor of the procedure for the grant to the Esteban Vicente contemporary art museum Consortium.

(The functions of them organs instructors will be: to) examine the application and the documentation presented and check them data under which should adopt is the resolution.

(b) evaluate the request, taking in has the fitness of the project of performance proposed for the compliance of the purpose of the grant.

(c) formulate the proposal of granting.

(d) collect if necessary, how much additional information deemed timely to the applicant and reports of the Ministry of education, culture and sport, as well as professionals and renowned experts.

3. the procedure for the granting of subsidies will end with the resolution of grant, whose jurisdiction will correspond to the Secretary of State for culture.

The decision shall contain the ends referred to in article 65.3 of the Royal Decree 887/2006, of 21 July, which approves the regulation of the law 38/2003, 17 November, General subsidies.

Motion for a resolution of concession must be accepted by beneficiaries. The deadline for acceptance will be a maximum of ten days counting from the day following its notification, being understood that waiver of the grant unless there is acceptance within the period indicated.

Article 7. Obligations of the beneficiaries.

The beneficiaries of these grants shall be obliged a: to) perform within the period indicated in the resolution granting the activity for which the grant has been awarded, and presented within a maximum period of three months from the completion of the activity, the corresponding justification as provided in article 9.

(b) communicate to the Ministry of education, culture and sport the award of subsidies of any entity public or private for the same purpose.

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

(d) indicate in them brochures, posters and other documentation and material used in the development of the activity subsidized that this is done in collaboration with the Ministry of education, culture and sport.

(e) be, in any case, subject to the obligations imposed by article 14 and concordant of law 38/2003 of 17 November, General subsidies.

Article 8. Payment of the subsidies.

1. the amount of subsidies will be paid with charge receivables that are enabled in the budgets of the Ministry of education, culture and sport of the year 2015.

2. the payment of them grants is held in favor of them beneficiaries in the exercise budgetary 2015 a time dictated the resolution of concession, without need of constitute warranty, and prior compliance of them requirements required for the payment of grants by the normative current.

Article 9. Justification of subsidies regime.

The beneficiary must demonstrate before the instructor the fulfilment of the conditions imposed and the achievement of the goals envisaged in the Act of granting the subsidy.

The supporting accountability snaps to the modality of justificatory account with contribution of auditor's report. It has supporting will be formed by: a memory of action, supporting of the compliance of them conditions imposed in the award of the grant, with indication of them activities made of them results obtained and of them deviations seemed concerning them results expected; and a short economic memory, which will incorporate the minimum content established in paragraph 5 of article 74 of the Royal Decree 887/2006, of July 21, and, in any case, complete, duly audited annual accounts.

Article 10. Applicable legal regime.

These grants shall be governed, in addition to provisions of this Royal Decree, by law 38/2003 of 17 November, General grant and the regulation of the aforementioned Act, approved by Royal Decree 887/2006, of July 21, except in what affects the early advertising and competition, as well as by the provisions of the other standards of administrative law that may be applicable.

Article 11. Reinstatement of subsidies.

The reinstatement of subsidies with the corresponding delay interest shall be required from the time of the 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 subsidies.

First final provision. Skill-related title.

The present Royal Decree is issued under cover of the provisions in article 149.2 of the Spanish Constitution, which establishes that, without prejudice to the powers which the autonomous communities may assume, the State considered culture as duty service and essential attribution and facilitate cultural communication between the autonomous communities, in accordance with them.

Second final provision. Budget changes.

To give compliance to it planned in this real Decree is held them modifications budget that are necessary of conformity with it established in the Law 47 / 2003, of 26 of November, General budget.

Available to finish third. Entry into force.

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

Given in Madrid, on October 9, 2015.

PHILIP R.

The Minister of education, culture and sport, IÑIGO MÉNDEZ DE VIGO and MONTOJO ANNEX model grant of direct grant application (the application shall be accompanied by the documents referred to the back) 1. IDENTIFICATION OF THE GRANT.

-Annuity:-Center Directors/public body:-amount:-title: 2. BENEFICIARY.

Requesting entity:-name or business name (*):-type of entity:-acronym:-NIF:-Home:-town:-Province:-country:-phone:-email:-web page: (*) the name must be coincident with as set out in this Royal Decree.

Representative data:-name:-surnames:-DNI/NIF:-charge: address for the purpose of notification data:-Home:-town:-Province:-postal code:-country: details of contact person in case if different from the applicant:- name:-phone:-email: 3. INFORMATION and CONSENT.

INFORMATION ON THE ORGANIC LAW OF DATA PROTECTION: for the purposes specified in article 5 of law 15/1999, of 13 December, of protection of data of a Personal nature, you are informed that data contained in the present document will be incorporated to a file which owns the Ministry of education, culture and sport. Your data will be used only for the management of grants and subsidies and will not be disclosed or used for any different purpose. With respect to such data, you may exercise the rights of access, rectification, cancellation and opposition, in the terms provided for in the Organic Act 15/1999, of 13 December, the Ministry of education, culture and sport.

AUTHORIZATION FOR THE DISSEMINATION OF INFORMATION ABOUT GRANT: I want to receive information about grants from the Ministry of education, culture and sport and authorize it to use the information provided in this application to be sent.

Yes □ No □ 4. DETAILS OF THE PROJECT, PROGRAMME OR PLAN FOR WHICH THE GRANT IS REQUESTED.

-Description of the project:-date home:-date end:-results expected: 5. PLACE OF THE ACTIVITY.

-Name of the Center:-town:-Province:-country: 6. BUDGET broken DOWN BY HEADING BASIC OF REVENUE and EXPENDITURE of the PROJECT, PROGRAM or PLAN.

7. OTHER GRANTS OR AID CHOSEN, WITH MENTION OF THOSE EFFECTIVELY GRANTED UNTIL THE DATE, INTENDED TO THEM SAME ACTIVITIES FOR WHICH IS REQUESTS THE GRANT (IF IS HAD REQUESTED).

In case of not having requested other grants mark this box: name of it helps: entity where it requested: amount requested: amount granted: select the State current of it helps: granted denied in pending 8. IN YOUR CASE, OBSERVATIONS OR COMMENTS THAT THE BENEFICIARY WISH TO FORMULATE.


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

I declare that the entity which I represent: to) is not involved in the prohibitions to obtain the status of beneficiary to obtain subsidies referred to in article 13 of law 38/2003 of 17 November, General grant.

(b) is fulfilled their tax obligations and to Social Security.

(c) not is indebted by resolution of origin of returned.

FDO.

10. AUTHORIZATION TO OBTAIN INFORMATION CONCERNING THE COMPLIANCE WITH TAX OBLIGATIONS AND SOCIAL SECURITY.

-Of conformity with the article 13.7 of the law 38 / 2003, of 17 of November, General of grants, as well as in the article 22.4 of its regulation, approved by of the Real Decree 887 / 2006, of 21 of July, AUTHORIZE EXPRESSLY to the Ministry of education, culture and sport and to its organisms public to request of the Agency State of Administration tax them data relating to the compliance of them obligations tax. This authorization is granted only for the purpose of checking compliance with the requirements for the granting and payment of the grant. (Delete as appropriate)

Yes No Fdo.

-In accordance with article 6 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, AUTHORIZE EXPRESSLY to the Ministry of education, culture and sport and its public bodies to ask for the General Treasury of the safety data relating to the fulfilment of the obligations to the Social Security. This authorization is granted exclusively to them effects of check the compliance of them requirements established for it Award and the collection of the grant. (Delete as appropriate)

If not signed.

Place, date and signature, MINISTRY OF EDUCATION, CULTURE and SPORT. ADDRESS GENERAL / AGENCY PUBLIC. MADRID.



Back cited the request shall be accompanied by the following documentation:-in the case of corporations: original or certified copy of the deed of Constitution or amendment, if necessary, registered in the mercantile registry, and copy of the fiscal identification number.

-In the so-called of associations or foundations: original or copies certified of their statutes registered in the record corresponding, and copies of the number of identification fiscal.

-In the case of civil societies with legal personality not adopting legal forms of companies: original or certified copy of the contract of society and the tax identification number.

-Where appropriate, other documentation to be determined by the Centre Manager.

-In all cases the person who signed the application must provide proof documents having powers or sufficient powers to act on behalf of the beneficiary.

-Certified of character positive, for the purposes of grants, of the Agency State of Administration tax and of the Treasury General of the Security Social that prove the compliance of their obligations tax and with it security Social, in accordance with them articles 18 and 19 of the regulation of the law 38 / 2003, of 17 of November, General of grants. Not will be accurate the contribution of these certified when the applicant has manifested expressly its authorization for their data are collected by the organ Manager, filling, in sense positive, the option that is offers in the point 10 of this request.