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Royal Decree 816/2015, Of September 11, Which Regulates The Direct Award Of A Grant To Cruz Roja Española, Spanish Commission Of Aid Refugee And Association Committee Catholic Spanish Of Migration For The Former Expansion...

Original Language Title: Real Decreto 816/2015, de 11 de septiembre, por el que se regula la concesión directa de una subvención a Cruz Roja Española, Comisión Española de Ayuda al Refugiado y Asociación Comisión Católica Española de Migración para la ampliación ex...

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Law 12/2009, of October 30, regulating the right of asylum and subsidiary protection determines the obligation to provide persons seeking international protection, when they lack economic resources, the necessary social and reception services to ensure the satisfaction of their basic needs in conditions of dignity. It also provides for the possibility of extending these benefits to persons who have been recognised as such international protection (refugee status or subsidiary protection). The Government, in compliance with this obligation, has developed a system for the reception and integration of applicants and beneficiaries of international protection, which has a national network of reception centres and a set of programmes. aimed at social integration. The development of this system corresponds to the Ministry of Employment and Social Security, through the General Secretariat of Immigration and Emigration, under the terms of Royal Decree 343/2012 of 10 February, for which the basic organic structure of this department.

In the years 2014 and 2015 there has been a sharp increase in the number of international protection applicants arriving in Spain that has had a great impact on the system. This upward trend is expected to continue in the coming months due to instability in the Middle East region, especially Syria, which generates a significant number of arrivals in our country. In addition, Spain has committed itself resolutely to the European Union's proposals for the reception of asylum seekers who arrive, fleeing war conflicts, to countries of the Union.

Therefore, it is necessary to adopt an extraordinary measure to strengthen the system by increasing the services for integration as a matter of urgency in order to be able to care for all persons applying for asylum and those who, once international protection is recognised, need to continue support for their full incorporation into the host society.

In view of these circumstances, budget items for the financing of the reception and integration system have been strengthened, making the necessary budgetary changes through the instruments provided for this in the legislation on the subject.

These actions to strengthen the budget headings applicable to the financing of the system, and in view of the urgent and urgent need to address this important volume of asylum seekers and refugees, is It is also necessary to increase the financial envelope, by means of subsidy, to non-governmental and non-profit organisations. This need for an immediate strengthening of the services of care and integration cannot be addressed in the context of the periodic calls for grants through competitive competition, since it cannot respond to a situation of pressing as the current one.

Likewise, the situation of the temporary residence centres for immigrants from Ceuta and Melilla requires additional reinforcement in order to provide their residents with adequate social and health care. In this way, with a complementary nature to the services provided in these centres, an increase in both human and material resources is essential to ensure adequate care for its residents, especially those who present special vulnerability factors such as minors, families, persons with disabilities, or potential victims of trafficking in human beings.

Therefore, the most appropriate way to strengthen the system of reception and integration of applicants and beneficiaries of international protection and to meet the legal and international obligations of assistance is the grant Article 22 (2) (c) of Law 38/2003, of 17 November, General of Grants, as well as in Article 67 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, of 21 July. This option allows grants to be awarded directly and on an exceptional basis whenever reasons of public, social, economic or humanitarian interest are present. For its part, Article 28.2 of that legal standard states that the approval of the regulatory bases for these grants of direct grant for exceptional and humanitarian circumstances will be carried out by means of a royal decree. Furthermore, given that the maximum amount of the subsidy exceeds EUR 12 million, in compliance with the provisions of Article 10.2 of Law 38/2003 of 17 November, the authorisation of the Council of Ministers is required.

Organizations with a long history of collaboration with the Ministry of Employment and Social Security in the development of the host system and integration and with sufficient structure to address this situation Urgent and exceptional are Spanish Red Cross, Spanish Commission for Aid to Refugees (CEAR) and Asociación Católica Española de Migration (ACCESS).

Since the objectives pursued by this grant are set within the Common European Asylum System, it is envisaged that the subsidised programmes can be co-financed by European funds and, in particular, by the Fund Asylum, Migration and Integration (AMIF).

Thus, the Community regulatory framework for these funds is composed, first of all, by Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration, amending Council Decision 2008 /381/EC and repealing Decisions No 573 /2007/EC and No 575 /2007/EC of the European Parliament and of the Council and Council Decision 2007 /435/EC establishing a period of the implementation of the Asylum, Migration and Integration Fund (AMIF), between 2014 and 2020, in order to establish progressively an area of freedom, security and justice, based on solidarity among member states.

In addition, Directive 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 laying down rules for the recognition of third-country nationals or of third-country nationals should be taken into account. stateless persons as beneficiaries of international protection, a uniform status for refugees or persons entitled to subsidiary protection and the content of the protection granted (recast) and Directive 2013 /33/EU of the European Parliament Council Regulation (EEC) No 263/88 of 26 June 2013 laying down detailed rules for the reception of applicants for international protection.

The use of this direct grant to strengthen economic and non-governmental organizations is a first step towards strengthening the system of reception and integration, in response to the circumstances described above.

In its virtue, on the proposal of the Minister of Employment and Social Security, prior to the report of the Ministry of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of September 11, 2015,

DISPONGO:

Article 1. Object.

This royal decree is intended to regulate the direct grant, exceptionally and for humanitarian reasons, of a grant to the Spanish Red Cross, Spanish Commission for Aid to Refugees (CEAR) and the Association of Spanish The Spanish Catholic Commission on Migration (ACCESS) to finance a first expansion of resources for the reception and integration of applicants and beneficiaries of international protection and for social and health care in the Temporary Stay of Immigrants (CETI) of Ceuta and Melilla.

Article 2. Applicable legal regime.

1. This grant will be governed, in addition to the provisions of this royal decree, as provided for in Law 38/2003, of 17 November, General of Grants and its Implementing Regulation, approved by Royal Decree 887/2006, of July 21, except in the affecting the principles of advertising and competition.

2. Actions that are co-financed by the Asylum, Migration and Integration Fund shall be governed, in addition to the provisions of the national legislation, by the following rules and those that develop it:

(a) Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008 /381/EC and establishing a European Parliament and Council Regulation (EU) No 516/2014 Decisions No 573 /2007/EC and No 575 /2007/EC of the European Parliament and of the Council and Council Decision 2007 /435/EC are repealed.

(b) Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the Instrument for Support Financial to police cooperation, prevention and the fight against crime, and crisis management.

(c) Delegated Regulation (EU) No 1042/2014 of the Commission of 25 July 2014 supplementing Regulation (EU) No 514/2014 with regard to the designation and the responsibilities in respect of management and control of the responsible authorities and the status and obligations of the audit authorities.

(d) Commission Delegated Regulation (EU) No 1048/2014 of 30 July 2014 laying down information and publicity measures for the public and information addressed to the beneficiaries, in accordance with the Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument of financial support for police cooperation, prevention and The fight against crime and crisis management.

Article 3. Concession procedure.

1. This grant will be granted directly in accordance with Article 22.2.c) of Law 38/2003 of 17 November for humanitarian and social interest reasons. The regulatory bases of this grant are determined in this royal decree, in compliance with the provisions of Article 28.2 of this legal standard and in Article 67 of its Implementing Regulation.

2. The grant shall be awarded by means of a decision of the holder of the Directorate-General for Migration by delegation of the Minister for Employment and Social Security.

Article 4. Beneficiaries and actions to be financed.

1.For this grant, the Spanish Red Cross, Spanish Commission for Refugee Assistance (CEAR) and Asociación Católica Española de Migración (ACEM), with the amount indicated in the Annex, will be eligible for this grant. annuity and budgetary implementation.

2. The priority actions to be financed by this grant will be:

a) Welcome and integration of applicants and beneficiaries of international protection in Spain. The aim of this priority is to increase the network of reception places, complementary to the Refugee Centres (CAR) which are dependent on the Ministry of Employment and Social Security, as well as a set of services to promote the integration of the beneficiaries in the Spanish company. To this end, the subsidised programmes will include the design of a phased insertion route for the gradual acquisition of the beneficiaries ' autonomy. The following services may be developed in the framework of this priority:

1. Information and guidance.

2. Social Intervention.

3. Temporary Host.

4. Economic Aid.

5. Job.

6. Psychological Care.

7. Legal Assistance.

8. Translation and interpretation.

9. First reception in national territory and border posts.

b) Equipment and adaptation of buildings. This priority is intended to support the acquisition of adequate material resources for the operation or adaptation of the entities ' reception facilities.

c) Socio-sanitary assistance in the Centers for Temporary Stay of Immigrants (CETI) of Ceuta and Melilla. Its objective is to complement the care and services provided by CETIs to its residents. Within this priority the following services may be developed:

1. Information, guidance and social intervention.

2. Psychological Care.

3. Legal Assistance.

4. Translation and interpretation.

5. Training, leisure and leisure time.

6. Health Care Activities.

3. The Directorate-General for Migration shall determine the terms and conditions for the management and justification of the subsidised programmes.

4. The period of implementation of the subsidised programmes shall be extended from 1 August 2015 to 30 June 2016.

Article 5. Amount and funding.

1. The grants will be multi-annual and will be funded from the following budgetary applications:

(a) 19.07.231H.484.62 for the programmes to be supported under the priority actions set out in Article 4.2 (a) and (c), with the total amount for 12 months of EUR 12,800 000, of which the allocation For 2015 it amounts to 6,400,000 euros and the 2016 to 6,400,000 euros.

(b) 19.07.231H.780 for the programmes to be supported under the priority action set out in Article 4.2.b) for a total amount of EUR 200,000, of which the allocation for 2015 is EUR 100 000 and that for 2016 € 100,000.

This distribution will be of an estimated character and its modification will require processing of the corresponding annuity readjustment file.

The distribution of the total amount of the grant between the different priorities and beneficiary entities, taking into account the budgetary implementation, is the one in the annex to this royal decree.

2. The subsidised programmes may be co-financed by the Asylum, Migration and Integration Fund, with the exception of the employment service provided for in Article 4 (2) (a), which shall not be co-financed by Community funds.

Article 6. Form of payment of the grant.

1. The award decision shall detail the amount granted for each financial year in accordance with the priority of the subsidised programme and the maximum amount for each of the payments.

2. The payment of the grant shall be made within three instalments, the first of which shall be in advance after the granting of the grant and shall entail the provision of funds on a basis prior to the justification for a total of 50% of the amount total granted.

The second payment will be made in the first quarter of 2016, following the review of the buffer submitted by the beneficiary and will account for 30 percent of the total amount granted.

At the end of the implementation of the programme, the remainder of the amount granted for 2016 shall be paid on the basis of the expenditure justified in the final memory. In the event that the justified expenditure is lower than the amount granted, the loss of the right to the full or partial recovery of the grant shall be incurred, in accordance with the provisions of Article 34.3, second paragraph of Law 38/2003, of 17 November.

Article 7. Justification.

1. Each beneficiary institution shall draw up a buffer and a final buffer to justify the achievement of the grant. The granting decision shall determine the time limit for the submission of the interim and final reports and the requirements to be met by the supporting documentation of the activities carried out and the expenditure incurred.

2. The justification for the grant shall be made on the basis of supporting evidence with supporting evidence of expenditure, in accordance with Article 72 of the Regulation of Law 38/2003 of 17 November.

3. The aid received may be justified on the basis of the expenditure incurred by the beneficiary entities before it was granted, provided that the expenditure has actually been paid and relates to the activity subsidised.

Article 8. Defaults and reintegrals.

1. The sums collected and, where appropriate, the revenue generated by the programmes and interest accrued by the subsidy, as well as the requirement of the corresponding interest for late payment, shall be recovered from the time of payment of the grant until the date on which the origin of the refund is agreed, in the cases referred to in Articles 36 and 37 of Law 38/2003 of 17 November.

2. The procedure for reimbursement shall be governed by the provisions of Articles 41 to 43 of Law 38/2003 of 17 November, Chapter II of Title III of the Regulation of Law 38/2003 of 17 November.

3. The competent body to require the reimbursement of the grant awarded shall be the holder of the Directorate General of Migration, in accordance with the provisions of Article 41 of Law 38/2003 of 17 November.

4. In the case of partial non-compliance, the fixing of the amount to be reintegrated shall be determined in accordance with the principle of proportionality, taking into account the fact that the non-compliance is significantly closer to the full compliance with and credit to the beneficiary entities for a performance which is unequivocally aimed at the satisfaction of their commitments.

Final disposition first. Competence title.

This royal decree is issued under the exclusive jurisdiction of the State in matters of the right of asylum, recognized in Article 149.1.2. of the Constitution.

Final disposition second. Enablement.

The holder of the Ministry of Employment and Social Security is empowered to adopt the necessary provisions for the development and execution of this royal decree.

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 September 11, 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

ANNEX

Maximum amount of annuity grant and budget implementation

2015

Application

19.07.231H.484.62

-

Euros

Application

19.07.231H.780

-

Euros

Total

-

Euros

2016

2015

2016

2015

2016

SPANISH RED CROSS

2.280.861.45

2.280.861.45

34,000.00

34,000.00

2.314.861.45

2.314.861.45

CEAR

2.087.410.39

2.087.410.39

33,500.00

33,500,00

2.120.910.39

2.120.910, 39

2.031.728.16

2.031.728.16

32,500.00

32.500.00

2.064.228.16

2.064.228.16

Total

6.400.000.00

6.400.000.00

100,000.00

100,000.00

6.500.000.00

6.500.000.00