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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9805

Law 12/2009, of 30 October, regulating the right of asylum and subsidiary protection determines the obligation to provide to seekers of international protection, when they lack economic resources, shelter and social services needed to ensure the satisfaction of their needs in conditions of dignity. Also provides for the possibility of extending these benefits to people that it had recognized this international protection (refugee or subsidiary protection status). The Government, in compliance with this obligation, has developed a system of reception and integration of applicants and beneficiaries of international protection who has a national network of centers of welcome and a set of programmes aimed at the social integration. The development of this system corresponds to the Ministry of employment and Social Security, through the General Secretariat for immigration and emigration, under stated in Royal Decree 343/2012, 10 February, whereby the basic organic structure of this Department develops.

A sharp increase in the number of applicants for international protection arrived in Spain that has had a great impact on the system has been in 2014 and 2015. It is expected to continue this upward trend due to the instability in the area of the Middle East, especially Syria, which generates a large number of arrivals to our country in the coming months. In addition, Spain is committed with the proposals of the European Union for the reception of asylum-seekers who arrive, fleeing from armed conflicts, to countries of the Union.

Therefore it is necessary to adopt an extraordinary measure that allow to strengthen the system by increasing services for integration in order to be able to meet all persons requesting asylum and those that once recognized the international protection urgently, need to continue support for their full integration into the host society.

In view of these circumstances, have been strengthened budget allocations earmarked for the financing of the system of reception and integration, making timely budget changes through the instruments provided for this purpose in the legislation on the matter.

Carried out these actions reinforcement of budgetary headings applicable to finance the system, and the sudden and urgent need to address this important volume of asylum-seekers and refugees, it is necessary to also increase the funding through grant, specialized non-governmental and non-profit organizations. This need for attention and integration services immediately important reinforcement may not be attended within the framework of the periodic calls for grants through competitive, not to respond to a challenging situation such as the present.

Also, the situation of the centres for temporary stay of immigrants in Ceuta and Melilla, requires a supplementary reinforcement in order to offer its residents an adequate social and health assistance. Thus, complementary to the services provided in these centres, an increase of both human and material resources that ensure proper attention to its residents, especially to those who have special vulnerability factors such as children, families, people with disabilities or potential victims of trafficking in human beings is essential.

Therefore, the most appropriate to reinforce the system of reception and integration of applicants and beneficiaries of international protection and the legal and international obligations of assistance is the direct subsidy referred to in article 22.2. c) law 38/2003 of 17 November, General grant, 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 subsidies directly and on an exceptional basis provided that public interest, social, economic or humanitarian reasons. For its part, article 28.2 of this legal standard designates that the approval of the regulatory bases of these subsidies of direct Award for exceptional and humanitarian circumstances will be made by Royal Decree. In addition, given that the maximum amount of the grant exceeds the twelve million euros, pursuant to the provisions of article 10.2 of the law 38/2003 of 17 November, is accurate the authorization of the Council of Ministers.

Organizations that have a long history of collaboration with the Ministry of employment and Social Security in the development of the system of reception and integration and with enough structure to address this urgent and exceptional situation are Cruz Roja Española, Spanish Commission of help to refugees (CEAR) and Commission Catholic Spanish Association of migration (ACCEM).

Given that the objectives pursued by this grant are part of the common European asylum system, it is planned that subsidized programmes to be co-financed by European funds and, in particular, by the merits of asylum, migration and integration (FAMI).

Thus, the Community regulatory framework for these funds is made, first of all, by the Regulation (EU) No. 516/2014 of the European Parliament and of the Council, of 16 April 2014, which creates the background of asylum, migration and integration, is amending the Council Decision 2008/381/EC and that repealing decisions No. 573/2007/EC and no. 575/2007/EC of the European Parliament and of the Council and Decision 2007/435/EC of the Council, laying down a period of validity of the merits of asylum, migration and integration (FAMI), between 2014 and 2020, in order to establish progressively an area of freedom, security and justice, based on solidarity between Member States.

In addition, have to take into account the policy 2011/95/EU of the European Parliament and the Council of 13 December 2011, which lays down rules relating to the requirements for the recognition of third country nationals or stateless persons as beneficiaries of international protection, to a uniform statute for refugees or for persons eligible for subsidiary protection and the content of the protection granted (recast) and Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013, by which approve standards for the reception of applicants for international protection.

The use of this means of direct subsidy to financially strengthen specialized non-governmental and non-profit organizations is a first reinforcement of the system of reception and integration, in response to the circumstances described above.

By virtue, on the proposal of the Minister of employment and Social Security, following a report from the Ministry of finance and public administration and after deliberation by the Council of Ministers at its meeting of September 11, 2015, have: article 1. Object.

This Royal Decree is intended to regulate direct grant, exceptionally and for humanitarian reasons, of a subsidy to institutions Cruz Roja Española, Spanish Committee for aid to refugees (CEAR) and Commission Catholic Spanish Association of migration (ACCEM) to finance a first expansion of resources for the reception and integration of applicants and beneficiaries of international protection and socio-health care in centres of stay temporary immigrants (CETI) in Ceuta and Melilla.

Article 2. Applicable legal regime.

1.esta grant shall be governed, in addition to by the provisions of this Royal Decree, as provided in the law 38/2003, 17 November, General subsidies and its regulation of development, approved by Royal Decree 887/2006, of July 21, except in what affect the principles of publicity and concurrence.

2 actions which are co-financed by the Fund of asylum, migration and integration shall be governed, in addition to provisions in the national legislation, by the following rules and that develop it: to) Regulation (EU) number 516/2014 of the European Parliament and of the Council, of 16 April 2014, which creates the background of asylum , Migration and integration, amending Decision 2008/381/EC of the Council and that repealing Decision 573/2007/EC number and number 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC.

(b) Regulation (EU) number 514/2014 of the European Parliament and of the Council, of 16 April 2014, which lays down general provisions on the background of asylum, migration and integration and the instrument of financial support to the prevention of and fight against crime, police cooperation, and crisis management.

(c) Executive Regulation (EU) number 1042 / 2014 the Commission of 25 July 2014, for which complete the Regulation (EU) number 514/2014 in what refers to the designation and responsibilities of management and control of the responsible authorities and the status and obligations of the audit authorities.
d) Regulation delegate (EU) number 1048 / 2014 the Commission of 30 July 2014 by which establish information and advertising aimed at the public and information measures aimed at beneficiaries, in accordance with the Regulation (EU) number 514/2014 of the European Parliament and of the Council establishing General on the merits of asylum provisions , Migration and integration and the instrument of financial support for police cooperation, the prevention and the fight against crime, and crisis management.

Article 3. Granting procedure.

(1.Esta grant will be awarded directly as provided in article 22.2. c) of law 38/2003, 17 November, because humanitarian and social interest. 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 rule 67 of its rules of development.

2. the subsidy shall be granted by decision of the head of the General direction of migration by delegation of the Minister of employment and Social Security.

Article 4. Beneficiaries and activities to be financed.

1.Seran recipient of this grant entities Cruz Roja Española, Spanish Committee for aid to refugees (CEAR) and Commission Catholic Spanish Association of migration (ACCEM), the amount indicated in the annex for each annuity and budgetary implementation.

2 the priority to finance this subsidy actions will be: to) reception and integration of persons applicants and beneficiaries of international protection in Spain. The objective of this priority is to increase the network of places of welcome, complementary to the reception centres to refugees (CAR) under the Ministry of employment and Social Security, as well as a set of services that facilitate the integration of the beneficiaries in Spanish society. To do this, subsidized programs will include the design of a phased insertion route destined to the gradual acquisition of autonomy of beneficiaries. In the context of this priority, the following services can develop: 1 information and guidance.

2. social intervention.

3rd foster.

4th economic aid.

5 employment.

6 psychological care.

7th legal assistance.

8th translation and interpretation.

First 9th in national territory and border posts.

(b) equipment and adaptation of buildings. This priority aims at supporting the acquisition of material resources suitable for the operation or the adaptation of institutions receiving devices.

(c) socio-health care in centres of stay temporary immigrants (CETI) in Ceuta and Melilla. Its goal is to complement the care and services provided by the CETI residents. Within this priority can open up the following services: 1 information, orientation and social intervention.

2. psychological care.

3. º legal assistance.

4th translation and interpretation.

5 training, leisure and free time.

6 health care activities.

3. the General Directorate of migration will determine the terms and conditions for management and justification of subsidized programs.

4. the period of implementation of the subsidized programmes will extend from August 1, 2015 until June 30, 2016.

Article 5. Amount and financing.

(((1. grants will have a multiannual basis and is financed from the budget following applications: to) 19.07. 231 H. 484.62 for programs to subsidize part of the priority activities set out in the letters to) and c) of article 4(2), being the total amount for 12 months of 12.800.000 euros, of which the Endowment for 2015 amounts to 2016 to 6.400.000 euros and 6.400.000 euros.

((b) 19.07. 231 H. 780 for programs to subsidize the priority action established in article 4.2. b) amounting to a total of € 200,000, of which the Endowment for 2015 amounts to 100,000 euros and 2016 to 100,000 euros.

This distribution shall be estimated and its modification will require processing the corresponding case of adjustment of annuities.

The distribution of the total amount of the grant between the different priorities and beneficiary entities, attending to the budgetary implementation, is that contained in the annex of this Royal Decree.

2. subsidized programmes may be co-financed by the Fund of asylum, migration and integration, except for service on employment included in paragraph 2.a) of article 4 which will be not co-financed by Community funds.

Article 6. Form of payment of the subsidy.

1. resolution of concession must detail the amount granted for each financial year according to the priority of the subsidized program and the maximum amount for each of the payments.

2. the payment of the subsidy shall be carried out in three instalments, the first of which shall be anticipated after the resolution of concession and will result in delivery of funds prior to the justification for a total of 50 per cent of the total amount granted.

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

At the end of the implementation of the programme, shall be paid the remainder of the granted amount corresponding to 2016 according to the expenditure justified in the final report. In the event of justified expenditure is less than the amount granted there will be the loss of the right to total or partial recovery of the grant, in accordance with article 34.3 second paragraph of law 38/2003 of 17 November.

Article 7. Justification.

1. beneficiary entity shall prepare a buffer and other end justifying the fulfillment of the purpose of the grant. Grant resolution will determine the intermediate and final reports submission deadline and requirements that comply with the supporting documentation of the activities carried out and the costs incurred.

2. the justification for the subsidy will be made by affirmative provision of proof of expenditure has, in the terms provided for in article 72 of the regulation of the law 38/2003, 17 November.

3 costs which, in his case, had made beneficiaries prior to granting entities, provided that the expenditure has been effectively paid and refers to the subsidised activity be justified with charge to the aid received.

Article 8. Defaults and reinstatements.

1.procedera reinstatement of perceived quantities and, where appropriate, of the revenues generated by the programs and interest earned on the grant, as well as the requirement of interest to corresponding delay, from the moment of the payment of the grant to date you remember the origin of the reinstatement, in the collected cases in articles article 36 and 37 of law 38/2003 , 17 November.

2. the procedure for reinstatement 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 the law 38/2003, 17 November.

3. the body competent to demand the reinstatement of the awarded grant will be the owner of the General direction of migration, in accordance with the provisions of article 41 of law 38/2003 of 17 November.

4. in the event of partial default, the fixing of the amount that should be reinstated is determined in application of the principle of proportionality, and bearing in mind the fact that cited breach significantly closer to full compliance and is accredited by the beneficiary entities a performance unambiguously aimed at the satisfaction of its commitments.

First final provision. Skill-related title.

This Royal Decree is issued on the basis of the exclusive competence of the State in the field of asylum law, recognized in article 149.1.2. ª of the Constitution.

Second final provision. Habilitation.

Empower the head of the Ministry of employment and Social Security to adopt the provisions necessary for the development and execution of this Royal Decree.

Third final provision. Entry into force.

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

Given in Madrid, on September 11, 2015.

PHILIP R.

The Minister of employment and Social Security, FÁTIMA BÁÑEZ GARCÍA ANEXO maximum amount of the grant for annuities and budgetary application application 19.07. 231 H. 484.62 - € 19.07 application. 231 H. 780 - Total euro - EUR 2015 2016 2015 2016 2015 2016 CRUZ ROJA ESPAÑOLA 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 ACCEM 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