Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7457
The Royal Decree 699/2013, 20 September, which establishes the regulatory basis for the granting of subsidies to entities of the third sector or non-governmental organizations that develop activities of general interest considered to be of social interest in the protection of the environment was published in the «Official Gazette» of 21 September 2013.
During the implementation of the aforementioned Royal Decree, experience in the management of the administrative records of grants, is necessary to introduce various modifications in the mentioned legal provision, in order to achieve greater efficiency in the processing of these records.
In the processing of this regulatory provision institutions representative of the sectors concerned have been consulted, they have issued preliminary report the State advocacy and the intervention delegate of the intervention General of the administration of the State in the Ministry of agriculture, food and environment, as well as the budget Office of the same.
Likewise this regulatory provision complies with the provisions in the Law 50/1997, of 27 November, the Government, in law 38/2003, 17 November, General grant, and in Royal Decree 887/2006, of July 21, which approves the regulation of the last mentioned law.
In his virtue, a proposal from the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, and prior deliberation of the Council of Ministers at its meeting of July 3, 2015, have: single article. Modification of the Real Decree 699/2013, 20 September, which establishes the regulatory basis for the granting of subsidies to entities of the third sector or non-governmental organizations that develop activities of general interest considered to be of social interest in the protection of the environment.
Enter the following modifications in the Real Decree 699/2013, 20 September, which establishes the regulatory basis for the granting of subsidies to entities of the third sector or non-governmental organizations that develop activities of general interest considered to be of social interest in the protection of the environment: one. Amending article 4, which is worded as follows: «article 4. Amount of grants and eligible expenditure.
1. individual amount corresponding to each beneficiary be determined taking into account the criteria of granting and weighting of the article 8. The maximum amount per beneficiary will be established in each call depending on the available credit.
2. the amount of subsidies in any case may be of such an amount that, individually or in concurrence with other grants, aid, income or assets, exceeds the cost of the subsidized activity.
3. are considered eligible expenses by the beneficiary entities in the development of activities of general interest, considered to be of social interest in the protection of the environment, including personnel, rental of premises, consumable material, printing, advertising, travel, accommodation, maintenance and any other expenses, provided that they respond to the nature of the subsidized activity and meet the requirements of articles 31 of law 38/2003 , 17 November, and 83 of regulation of the Act General grants approved by Royal Decree 887/2006, of 21 July.
4 may be grant both direct costs and indirect, with the limitations set out in the following section. It means eligible indirect costs the typical of the regular operation of the awarded entity, which serve as a support to make possible the execution of the activities developed.
5 expenditures attributable to the grant shall be subject to the following limitations: to) eligible indirect costs may not exceed, as a whole, the maximum limit of 20% of the amount of subsidy granted, without it being accurate documentary justification. However, these expenses will be credited through responsible Declaration signed by the legal representative of the entity, which will describe the types of costs included and the amounts allocated to each of them.
(b) expenditure arising from the revision of the justificatory account by a report of auditor, as provided for in article 12, paragraph 2, shall not exceed 10% of the amount of the aid.
(c) the remuneration of the workforce attached to compliance with subsidized performance as well as those of the staff recruited for that purpose, under leases of services, only may be grant up to the amount of remuneration fixed by real working day for the relevant professional groups in the collective agreement only for the staff of the General Administration of the State in force.
(d) not eligible the expenses arising from the activities carried out in the condition of members of boards, boards or other bodies of beneficiary institutions.
«e) in any case, eligible expenditure for travel, accommodation and meals will be maximum amounts established for Group 2 in annex II of the Royal Decree 462/2002, of 24 may, on compensation by reason of service.»
Two. The designation of article 6 on granting procedure, changed from «initiation of procedure.»
3. Amending article 8, which is worded as follows: «article 8. Objective criteria of granting and weighted.
Granting of subsidies and the weighting of the criteria will be as follows: to) adaptation of programmes to the priorities set out below, giving a maximum of 30 points, according to the following pattern: 1 research activities. An advantage the realization of research and/or monitoring activities that will contribute to knowledge and the protection of the environment and biodiversity in Spain, in the following way: • three or more research or monitoring activities: 10 points.
• Two research or monitoring activities: 6 points.
• A research or monitoring activity: 2 points.
2. collaboration with the AGE. Will be valued activities in collaboration with the AGE that contribute to support the commitments entered into by Spain to the European Union or other agencies or international organizations, as well as those acquired through international instruments either bilateral or multilateral, in the field of environment, in the following way: • support in ten or more commitments 5 points.
• Support in five to nine commitments 3 points.
• Support in two to four commitments 2 points.
• Support on a compromise: 1 point.
3rd environmental education activities. Will be valued activities aimed at programs of environmental education, in the following way: • 3 or more programs of environmental education, 5 points.
• 2 programs of environmental education, 3 points.
• 1 programme of environmental education, 1 point.
4th environmental outreach. Will be valued activities designed to disseminate among citizens need to adopt behaviors that contribute to the care of the environment, in the following way: • dissemination of materials of environmental contents through at least three stands, 5 points.
• Dissemination of materials of environmental content using two stands, 3 points.
• Dissemination of materials of environmental content via a bracket, 2 points.
5 activities of participation in national or international forums. Will be valued participation in seminars, conferences or other events on environment, in the following way: • participation in three or more events, 5 points.
• Participation in two events, 3 points.
• Participation in an event, 2 points.
(b) assessment of the impact of actions carried out, giving a maximum of 15 points, according to the following criteria: 1 impact of activities. Plus the breadth of the potential recipients of the activities, in the following way: • 5,000 or more recipients, 10 points.
• 2,000 to 4,999 recipients, 5 points.
• Of 1,000 to 1,999 recipients, 2 points.
2. participation of volunteers in the activities. Will be valued this kind of participation in the following way: • 500 or more volunteers, 5 points.
• From 200 to 499 volunteers, 3 points.
• From 50 to 199 volunteers, 2 points.
«(c) assessment of the needs justifying the development of activities: • will be awarded 5 points to the contribution of an analysis explaining, with inclusion of a document of an institutional nature, meaning any document, plan, strategy or any other document prepared by any entity that is part of the State Public Sector, justifying the need or desirability of carrying out the activity for which the grant is requested.»
Four. Modifies article 9, which is worded as follows: «article 9. Management, instruction, and resolution.
1. the body responsible for the management of the procedure will be the Undersecretary of the Ministry of agriculture, food and environment.
2. the statement of procedure will take place by the technical Cabinet of the Secretary, in the terms provided for in articles 22 and 24 of law 38/2003 of 17 November.
3. the review and evaluation of applications will take place by the organ instructor, and the realization of the results shall be carried out by a Commission of appraisal, whose operation will be adjusted to the provisions of chapter II of title II of law 30/1992, of 26 November, being attended with the personal media and materials of the Ministry of agriculture Food and environment. The members of the Evaluation Committee shall be appointed by the Undersecretary of the Ministry of agriculture, food and environment, constituted in the following manner: to) President: an official of the Cabinet technical of the Undersecretary of the Ministry of agriculture, food and environment, with level 30.
(b) vocal: three to five officials of the Ministry of agriculture, food and environment, with level 26 or higher.
(c) Secretary: an official of the Cabinet technical of the Undersecretary of the Ministry of agriculture, food and environment, with voice but without vote, with level 26 or higher.
4. after evaluation and examination of applications, the assessment Committee will issue a report, in which the result of the completed evaluation will be made.
5. the organ instructor, in view of the record and of the report of the College, will formulate provisional, duly motivated resolution which must be notified to those interested in the way that set the call, and shall be granted a period of 10 days for appeals.
You can dispense with the hearing process when they do not appear in procedure or are taken into account other facts or other allegations and evidence that the adduced by interested parties. In this case, the motion for a resolution formulated will have definitive character.
Examined allegations pleaded in his case by the interested parties, the proposal for a final decision, which shall express the applicant or the ratio of applicants for which proposes the granting of the subsidy, and their amount, specifying their assessment and the criteria followed to carry out will be formulated.
The motion for a resolution will be communicated to each of the beneficiaries so that, within a maximum period of five days, confirmed its willingness to carry out the subsidized activity. If within this period had not received such confirmation, means that this has occurred.
Grant-making record will contain the report of the body instructor stating that information that works in its possession shows that beneficiaries meet all the requirements for access to them.
6. the proposal for a final decision, when it is coming in accordance with the regulatory bases, notify with stakeholders that have been proposed as beneficiaries in the phase of instruction, so they communicate their acceptance.
7. the deadline for the resolution of the procedure and its notification shall be four months from the publication of the order of call. Within this period without that had relapsed express resolution is can understand rejected the request for aid.
8. the resolution shall be issued by the head of the Ministry of agriculture, food and environment, or person to whom it has delegated, within the period of fifteen days from the date of lifting of the motion for a resolution, and shall be communicated to those interested in the terms provided for in articles 58 and 59 of the law 30/1992, of 26 November.
9. the resolution put an end to the administrative procedure, and may optionally be used in replacement or be challenged directly before the contentious-administrative court order.»
5. Amending article 11, which is worded as follows: «article 11. Modification of award resolution.
Any alteration of conditions taken into account for the granting of the subsidy and, in any case, concurrent obtaining other grants, subsidies, income or resources for the same purpose, from any authorities or entities public or private, national, EU or international bodies, without prejudice to the compatibility of the aid established in article 5 It may give rise to the amendment of the resolution of granting, in accordance with the provisions of article 19.4 of law 38/2003 of 17 November.
Resolution of requests for modification will dictate by the awarding body and will be notified within a maximum period of 20 days from the date of its filing. This resolution will put an end to the administrative procedure, can be lodged against it the optional replacement appeal before the quoted administrative body within the period of one month, or you can be challenged directly before the contentious-administrative court order in the form and time provided for in article 46 of law 29/1998, of 13 July.
«After the established deadline without having it dictated and notified express resolution, estimated means his application, as laid down in article 43 of the law 30/1992, of 26 November, taking consideration of finalizer procedure administrative act and without prejudice to the obligation to express confirmatory of the decision for all purposes.»
6. Amending paragraph 3 of article 12, designated in your last paragraph, which happens to be called "4" in the following terms: «4. once the justification provided in the preceding paragraphs and after verification of compliance by the organ instructor, may proceed to the payment of subsidies. "
7. Modifies article 13, which is worded as follows: «article 13. Graduation of breaches.
1 when the compliance by the beneficiary is approaching full compliance significantly and is accredited by this action unequivocally aimed at the satisfaction of its commitments and of the conditions of granting of the aid, the amount to repay will be determined by the application of the following criteria: a) the partial failure of justification , or the realization of an investment below the fundable budget approved in resolution of granting, will lead to the partial repayment of the support allocated to each beneficiary in the percentage corresponding to the investment not performed or not justified.
(b) the realization of unauthorized modifications to the fundable budget, with the exception provided for in article 11, will entail the return of the aid for the diverted amounts.
(c) no contribution of three offers in the cases provided for in article 31.3 of the General Law of subsidies will mean the reduction of the aid corresponding to the expenditure in question in, at least 20 percent, unless the beneficiary shows that recruitment has been made at market prices.
2. the total breach of the purposes for which was granted the aid, of the objectives of the project, of the preparation of bankable investment or the obligation of justification, will result in the reinstatement of the totality of the aid granted.
3. the partial breach of the purposes for which the aid was granted or the objectives of the project will be subject to weighting by the body responsible for the monitoring of aid to determine whether total or partial reimbursement of the aid granted, depending on the importance of the non-compliance and its weight in the whole of the purposes or objectives. The full refund will when breaches affect technological innovation to a degree which would have prevented the overcoming of the threshold for this criterion in the evaluation phase.
4 after an established period of justification in your case, the extension granted without it, will require the beneficiary so that it is presented in the non-extendable term of 15 days. The lack of presentation of justification in the period specified in this paragraph shall entail the demand for the reinstatement of aid not justified and other responsibilities established in the law 38/2003, of 17 November, General grant. The presentation of the justification for the additional period of 15 days shall not relieve the beneficiary of sanctions which, in accordance with the General Law of subsidies, correspond.
5 to calculate the reduction in aid in the concepts of spending financed with grant shall apply the same proportion to the grant.'
8. Amending article 17, which is worded as follows: «article 17. Prepayments.
When justified by the nature of the subsidy, payments can be made. These fertilizers to account may jeopardize fractionated payments that will respond to the pace of implementation of the actions subsidised, paid by amount equivalent to the presented rationale."
Sole 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 3 July 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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