In the "Official State Gazette" of July 17, 2012, Order AAA/1579/2012 of 2 July 2012, establishing the regulatory bases for the granting of aid to workers ' unions in the sectors, was published. agri-food and environment for the development of its activities of collaboration and representation to the General Administration of the State, the European Union and international institutions, and for the realization of projects of special interest for the development and improvement of workers in these sectors.

During the application of the aforementioned Order, experience in the management of administrative cases of grants makes it necessary to make several amendments to the aforementioned Order of bases, in order to achieve greater efficiency in the processing of such files.

In the handling of this regulatory provision, the representative entities of the sectors affected have been consulted, they have issued a report prior to the State's Law and the Intervention Delegate General of State Administration in the Ministry of Agriculture, Food and Environment, as well as the Office's Budget Office.

Likewise, this regulatory provision complies with the provisions of Law 50/1997 of 27 November of the Government, in Law 38/2003 of 17 November, General of Grants, and Royal Decree 887/2006 of 21 July, approving the Regulation of the last law cited.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Single item. Amendment of Order AAA/1579/2012 of 2 July 2012 laying down the regulatory bases for the granting of aid to workers ' unions in the agri-food and environmental sectors for the development of their activities collaboration and representation before the General Administration of the State, the European Union and international institutions, and for the realization of projects of special interest for the development and improvement of the workers of the aforementioned sectors.

The following amendments are made to Order AAA/1579/2012 of 2 July 2012 laying down the regulatory basis for the granting of aid referred to above:

One. Article 1 is amended as follows:

" Article 1. Object.

By this Order grants are established for workers ' unions in the agri-food and environmental sectors, for the promotion of specific activities of special interest to the improvement of the workers in the agri-food and environmental sectors. In addition, the grants will also be used to finance activities representing these organisations to the General Administration of the State or to participate in their collective bodies, as well as to the European Union and the European Union. international institutions relevant to the agri-food and environmental sectors. "

Two. Article 2 (3) is amended as follows:

" 3. The grants referred to in this Order shall be allocated only to actions carried out in the period from 1 January of the year of its convocation and the time limit laid down for the justification of such actions under Article 10 of Regulation (EC) No 1010/2000. this Order. "

Three. Article 3, on the amount and the distribution criteria, is amended as follows:

" Article 3. The amount of grants and eligible expenditure.

1. Grants shall be limited to the allocation allocated to the corresponding budget heading of the State for the financial year in which the corresponding call is made and shall be allocated to the promotion of activities referred to in Article 1.

2. Eligible expenses are those relating to staff, local rent, consumable material, printing, advertising, displacements, accommodation, maintenance and those others that respond to the performance of the activity. presented.

3. Direct and indirect expenditure may be the subject of a grant, subject to the limitations set out in the following paragraph. Eligible indirect costs shall be those of the regular operation of the contract workers ' union, which provide support to enable the activities to be carried out to be carried out.

4. The costs attributable to the grant shall be subject to the following limitations:

(a) The maximum amount of eligible expenditure for each activity submitted may not exceed 90% of the total amount budgeted for each activity.

(b) Eligible indirect costs may not exceed, as a whole, the ceiling of 20% of the amount of subsidy granted, without the need for documentary justification. However, these expenses shall be credited by means of a responsible declaration signed by the legal representative of the trade union organisation, describing the types of expenditure included and the amounts intended for each of them.

(c) The expenditure arising from the review of the supporting account by means of an auditor's report, as provided for in Article 10, shall not exceed 10% of the amount of the aid.

(d) The remuneration of the labour force assigned to the performance of the subsidised activity as well as those of the staff employed for the purpose of leasing services may only be the subject of a grant up to the amount of remuneration fixed per day of work for the corresponding professional groups in the single collective agreement for the staff of the General Administration of the State in force.

e) In any event, the eligible costs for travel, accommodation and maintenance shall be as high as the amounts established for Group 2 in Annex II to Royal Decree 462/2002 of 24 May 2002. May, on compensation for service reason.

(f) The costs incurred by the activities carried out in the condition of members of the boards, patronages or other management bodies of the beneficiary entities shall not be eligible. '

Four. A new wording is given to Article 4, in the following terms:

" Article 4. Assessment criteria.

1. The distribution of the available funds will be carried out as follows:

(a) Up to a maximum of 20% of the total initial appropriation is intended to support representation activities at the State level. 50% of this amount shall be allocated on the basis of the electoral results obtained by each applicant entity and the remaining 50% by reason of the number of collective bodies of the General Administration of the State in which it is present.

b) Up to a maximum of 15% of the total initial credit shall be allocated to representation activities at international level and in the European Union, in proportion to the amount of the compulsory contributions to be paid to organisations in those areas where they are integrated.

(c) The remainder of the budget availabilities will be used for the financing of specific activities, which will be valued over a total of 100 points, with a minimum of 30 points needed to obtain a grant. The assessment of the activities presented shall be in accordance with the following criteria:

1. The scope or labour impact of the activities, taking into account a criterion of proportionality. This scope will be determined by the number of workers directly and indirectly affected by the activity presented in relation to the subsector concerned. (Up to a maximum of 20 points), giving the highest score to the activity that affects a greater number of workers.

2. º 10 points will be assigned to the activities that involve a degree of innovation in the performance of the activity, after justification of the aspects to improve with respect to the activities previously carried out on the question and of the current relevance of the latter. In the case of activities that analyse issues that have not been previously carried out by the requesting entity, provided that their convenience and opportunity are justified with the situation at that time in the subsector treated.

3. 10 points will be allocated to activities involving the application of new technologies and promotion of the use of new technologies in the activity requested.

4. 10 Points will be allocated to those activities that support the internationalization of the subsector.

5. The extent of the territorial scope of the activity in relation to the state distribution of the treated subsector. (Up to a maximum of 30 points), giving the highest score to the activity that affects a greater number of provinces.

6. º 10 points will be allocated to activities that have an impact on the training, professionalization and vertebrate of the subsector that it addresses.

7. 10 points will be allocated to the activities in which the professionals of the relevant subsector participate.

2. Determination of the subsidy for each specific activity, in accordance with the criteria set out in point (c).

This will proceed as follows:

The provisional grant corresponding to each activity will be the result of multiplying the budget of the same by the ratio obtained by dividing by 100 the number of points obtained in its assessment.

If the amounts thus obtained for each activity are added, this sum exceeds the figure that has been determined for the set of the specific activities, the resulting excess will be paid to each, in proportion to their amounts.

3. Determination of the subsidy for each beneficiary. The subsidy corresponding to each beneficiary will be the result of integrating the amounts obtained by the representation activities, according to the criteria contained in the points (a) and (b) of point 1 of this Article, and the sum of the quantities obtained by specific activities, as determined in point 2 of this Article. '

Five. Article 4, Compatibility of the aid, becomes Article 5.

Six. It gives a new wording to Article 6 in the following terms:

" Article 6. Procedure initiation.

The procedure for granting these grants will be dealt with under competitive competition, as set out in Articles 23 to 27 of Law 38/2003 of 17 November, and will be initiated on its own initiative by the appropriate to be published annually in the "Official State Gazette". The Order of Call shall establish the budget item and the allocation under which these grants will be financed. "

Seven. Article 5, Applications and Documentation, shall become Article 7, with the following amendments to paragraphs 1 (e), 1.f) and 3, which shall be worded as follows:

" 1. Point 1.e). Certificate issued, by whom it has the power to do so, to express its participation in the collegiate bodies of the Ministry of Agriculture, Food and the Environment and the other ministerial departments, or their participation in the case of relevant Community and international advisory bodies, in both cases on behalf of employed and self-employed persons dependent on those sectors. In the case of consultative bodies of a Community and international nature, it shall also be accompanied by the supporting document for the current year.

2. Paragraph 1.f). In the case of the projects proposed for implementation, it must be accompanied by a detailed description of the projects to be made available, as well as the data corresponding to the objective criteria for granting the project. Article 4 of this order.

3. Paragraph 3. Applications shall be submitted within 20 working days from the date of entry into force of the call for assistance, in the General Register of the Department, or in any of the places referred to in Article 38.4. of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Eight. Article 6, Instruction and Resolution, becomes Article 8, with the following wording:

" Article 8. Instruction and resolution.

1. The instruction of the procedure will be carried out by the Technical Cabinet of the Undersecretary of the Ministry of Agriculture, Food and Environment, in the terms provided for in Articles 22 and 24 of Law 38/2003, of 17 November, General of Grants.

2. The examination and assessment of the applications shall be carried out by the instructor, and the results shall be carried out by a valuation committee whose operation shall be in accordance with the provisions of Chapter II of Title II of the Law. 30/1992, of November 26, being attended with the personal and material resources of the Ministry of Agriculture, Food and Environment. The members of the valuation committee shall be appointed by the Undersecretary of the Ministry of Agriculture, Food and the Environment, as follows:

a) President: An official of the Technical Cabinet of the Secretariat, with level 30.

b) Vocals: Three officials from the Ministry of Agriculture, Food and Environment, at least with level 26.

(c) Secretariat: An official of the Technical Cabinet of the Secretariat, at least with level 26, with voice but no vote.

3. Following the assessment and examination of the applications, the assessment committee shall issue a report, setting out the outcome of the assessment carried out.

4. The instructor, in the light of the dossier and of the report of the collegiate body, shall make the proposal for a provisional, duly substantiated, decision to be notified to the persons concerned in the form set out in the call, and grant a period of 10 days to submit claims.

It may be possible to dispense with the procedure for hearing where the proceedings are not in the process of being taken into account other facts or other arguments and evidence than those submitted by the parties concerned. In this case, the proposed resolution will have the ultimate character.

The arguments put forward by the interested parties will be examined, the proposal for a final decision, which must be expressed by the applicant or the list of applicants for which the granting of the aid is proposed, will be formulated. grant, and its amount, specifying its assessment and the assessment criteria followed to carry out the grant.

5. Once the proposal for a final resolution has been adopted, the proposal will be submitted to the holder of the Ministry of Agriculture, Food and Environment or the body to whom it has been delegated, which will resolve within 15 days.

6. The maximum period for the adoption of the procedure and its notification shall be five months from the date of publication of the notice. After that time limit without any express resolution, the request for the aid may be understood to be dismissed.

7. The decision shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

8. The decision shall terminate the administrative procedure and may be appealed for in replacement to the administrative authority which issued it, or be directly challenged in the context of the judicial-administrative court order. '

Nine. Article 7, Obligations of the beneficiaries, becomes Article 9, with the following amendment affecting paragraph (a).

" Paragraph a). Credit the performance of the activities and projects which have been the subject of a grant, as provided for in Article 10. "

Ten. Article 8 on the justification of expenditure and payments becomes Article 10, with the following wording:

" Article 10. Justification for expenses and payment.

1. The beneficiaries are obliged to prove that the activities and projects which have been the subject of the grant before 15 November each year have been carried out through the presentation of a supporting account, with a contribution to the auditor issued by an audit firm, registered in the Official Register of Auditors, of the Ministry of Economy and Competitiveness, in accordance with the provisions of Order EHA/1434/2007 of 17 May, approving the rule of action of the auditors in the performance of the work for the review of supporting accounts of grants, in the field of the State public sector, provided for in Article 74 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

2. The beneficiary must prove that he is not a debtor by resolution of the origin of the refund by a responsible declaration.

3. If, in the case of expenditure eligible under an activity, there is accommodation, maintenance and transport, the limit to be paid by them shall be that laid down by Royal Decree 462/2002 of 24 May 2002 on compensation for the service.

4. Once the justification has been made and after verification of compliance by the instructor, the aid shall be paid. '

Once. A new Article is inserted, with the numbering of Article 11, which is worded as follows:

" Article 11. Graduation of defaults.

1. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the aid, the amount to be reintegrated will be determined by the application of the following criteria:

(a) The partial failure to comply with the obligation to provide justification, or to make an investment less than the financial budget approved in the grant decision, shall give rise to the partial reimbursement of the aid allocated to the each beneficiary in the percentage corresponding to the investment not made or not justified.

(b) The implementation of amendments not authorised in the financial budget, with the exception provided for in Article 12, shall entail the return of the aid corresponding to the quantities diverted.

(c) The non-contribution of the three tenders in the cases provided for in Article 31.3 of the General Grant Act shall mean the reduction of the aid corresponding to the expenditure in question by at least 20%, unless the beneficiary demonstrates that the procurement has been done at market prices.

2. The total non-compliance of the purposes for which the aid was granted, the objectives of the project, the realisation of the investment eligible for the financing or the obligation to justify it, shall give rise to the reimbursement of the whole of the aid granted.

3. The partial non-performance of the purposes for which the aid or the objectives of the project was granted shall be weighted by the body responsible for monitoring the aid in order to determine whether the total or partial recovery of the aid is appropriate. aid granted, in the light of the importance of the non-compliances and their weight in the whole of the objectives or objectives pursued. Full recovery shall be carried out where the non-compliance concerns technological innovation to a degree that would have prevented the threshold for that criterion being exceeded in the assessment phase.

4. After the period laid down for further justification, where appropriate, the extension granted without having been lodged, the beneficiary shall be required to be submitted within a period of 15 days. Failure to submit the justification within the time limit laid down in this paragraph shall entail the requirement for the reimbursement of the non-justified aid and other liabilities laid down in Law 38/2003 of 17 November 2001. Grants. The submission of the justification within the additional period of 15 days shall not exempt the beneficiary from the penalties which, in accordance with the General Grant Act, correspond.

5. The same proportion to the grant shall be applied in calculating the aid reduction in the grant-financed expenditure concepts. "

Twelve. Amendment of the resolution and drawback. Article 9, which becomes Article 12, is amended as follows:

" Any alteration of the conditions taken into account for the grant of the grant, and in any event the concurrent obtaining of grants awarded for the same purposes by other public administrations, public entities (a) whether national or international, or other natural or legal persons of a private nature, without prejudice to the compatibility of the aid provided for in Article 5, may give rise to the amendment of the decision to grant, in accordance with the provisions of Article 19.4 of Law 38/2003, 17 November, if the total amount of the subsidy exceeds the cost of the subsidised action, in which case the amount of the subsidy will be adjusted.

The resolution of the requests for modification shall be made by the granting body and shall be notified within the maximum period of 20 working days from the date of its submission. This decision shall bring an end to the administrative procedure, the right of replacement to the administrative body to be brought against it within one month, or be directly challenged in the court order. administrative-administrative in the form and time-limit provided for in Article 46 of Law 29/1998 of 13 July.

After the maximum period established without the express decision being given and notified, the application shall be deemed to be estimated, in accordance with the provisions of Article 43 of Law No 30/1992 of 26 November 1992. all the effects of the consideration of an administrative act of finalization of the procedure and without prejudice to the obligation to issue a confirmatory express resolution of the procedure.

The beneficiaries will have to reintegrate the amounts received, as well as the interest of late payment, from the moment of payment of the grant, in the cases referred to in Article 37.1 of Law 38/2003 of 17 November, General of Grants in line with Article 36.

The drawback, if any, will be performed according to the following criteria:

(a) The non-compliance with partial objectives or specific activities of the object for which the grant was granted shall give rise to the reimbursement of that part of the grant for such purposes or activities.

(b) The total of the amounts received and the interest for late payment from the time of payment of the subsidy shall be recovered, in cases where the beneficiary obtains it without meeting the required requirements for the grant. "

Final disposition first. Competence title.

This order is dictated by the jurisdiction attributed to the State by Article 149.1.13. and 23. of the Spanish Constitution.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 23, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.