Order Aaa/1239/2015, 23 June, Amending The Order Aaa/1579/2012, Of 2 July, Which Establishes The Regulatory Basis For The Granting Of Aid For Trade Unions Of Workers Of The Agri-Food Sectors And Environmental...

Original Language Title: Orden AAA/1239/2015, de 23 de junio, por la que se modifica la Orden AAA/1579/2012, de 2 de julio, por la que se establecen las bases reguladoras para la concesión de ayudas a sindicatos de trabajadores de los sectores agroalimentario y medioambienta...

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7078

The AAA/1579 order was published in the «Official Gazette» of July 17, 2012/2012, of 2 July, which lays down the regulatory basis for the granting of aid for trade unions of agro-food and environmental sectors workers for the development of collaboration and representation activities before the General State administration the European Union and international institutions, and for the realization of projects of special interest for the development and improvement of employees in the above sectors.

During the implementation of the aforementioned order, experience in the management of the administrative records of grants is necessary to introduce several amendments in the order of bases, 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 the present available regulatory complies with it willing in the Law 50 / 1997, of 27 of November, of the Government, in the law 38 / 2003, of 17 of November, General of grants, and in the Real Decree 887 / 2006, of 21 of July, by which is approves the regulation of the last law cited.

By virtue, with the prior approval of the Minister of finance and public administration, have: single article. Modification of it order AAA / 1579 / 2012, of 2 of July, by which is set them bases regulatory for the award of aid to unions of workers of them sectors agri-food and environmental for the development of their activities of collaboration and representation before it Administration General of the State, the Union European e institutions international, and for the realization of projects of special interest for the development and improves of them workers of them cited sectors.

The following amendments are introduced in order AAA/1579/2012, of 2 July, which establishes the regulatory basis for the granting of aid mentioned above: one. Amending article 1, which is worded as follows: «article 1. Object.

This order establishes subsidies to trade unions of agro-food and environmental sectors workers to promote specific activities of particular interest to workers in the sectors, agro-food and environmental improvement. «Likewise, the grants also will be intended to finance activities of representation of these organizations before the Administration General of the State or of participation in their organs collegiate, as well as before the Union European and them institutions international relevant for them sectors agri-food and environmental.»

Two. Is modifies the paragraph 3 of the article 2, that is drafted of the following form: «3. them grants referred to in this order is go only to performances made in the period understood between the first of January of the year of your call and the term established for the justification of them same in the article 10 of this order.»

Three. Amending article 3, amount and criteria of distribution, which is worded as follows: «article 3. Amount of grants and eligible expenditure.

1. subsidies will limit staffing assigned for the corresponding item in the General State budget for the fiscal year in which the corresponding call to take place and will be aimed at the promotion of the activities referred to in article 1.

2. shall be considered eligible expenditure relating to staff, rental of premises, consumable material, printing, advertising, travel, accommodation, support and those who fully meet the presented activity.

3 may be grant both direct costs and indirect, with the limitations set out in the following section. Own operating eligible indirect costs shall mean regular Union workers awarded, which serve as a support to make possible the execution of the activities developed.

4 expenditures attributable to the grant shall be subject to the following limitations: to) the maximum amount of eligible expenditure for each filed activity, shall not exceed 90% of the total amount budgeted for it.

(b) them expenses indirect eligible not may overcome, in set, the limit maximum of the 20% of the amount of subsidy granted, without is accurate its justification documentary. However, these expenses will be credited through responsible Declaration signed by the legal representative of the trade union organization, which will describe the types of costs included and the amounts allocated to each of them.

(c) the expenditure arising from the revision of the justificatory account by report of auditor, as provided for in article 10, shall not exceed 10% of the amount of the aid.

(d) the remuneration of the staff attached to the fulfilment of the subsidized activity 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.

(e) in any case, them expenses eligible corresponding to displacement, accommodation and maintenance will have as limit maximum them amounts established for the Group 2 in the annex II of the Royal Decree 462 / 2002, of 24 of mayo, on compensation by reason of service.

(f) shall not be eligible the expenses arising from the activities carried out in the condition of members of boards, boards or other bodies of beneficiary institutions.»

Cuatro.Se gives new wording to article 4 in the following terms: 'article 4. Assessment criteria.

(1. the distribution of them funds available is take to out of the following form: to) until a maximum of the 20% of the total of the credit initial is allocated to subsidize them activities of representation in the field State. 50% of this amount will be allocated on the basis of the election results by each applicant institution and the remaining 50% because of the number of colleges of the General Administration of the State in which it is present.

(b) up to a maximum of 15% of the total of the initial credit will go to the activities of representation at the international level and of the European Union, in proportion to the amount of mandatory quotas to meet the organizations of those areas in which they are integrated.

(c) the rest of the budgetary availability will be allocated to the financing of specific activities, which will be assessed on a total of 100 points, being required to achieve a minimum of 30 points for grant. The presented activities will be in accordance with the following criteria: 1 the reach or impact working activities, according to a criterion of proportionality. The scope determined by the number of workers directly and indirectly affected by the activity presented in relation to the Treaty subsector. (Up to a maximum of 20 points), giving the maximum score to the activity that affects to a greater number of workers.

2nd, 10 points will be allocated to activities involving a degree of innovation in the carrying out of the activity, prior justification of aspects to improve with respect to the activities previously performed on the subject treated, and the current relevance of the latter. In the case of activities that analyse issues that do not have been previously made by the requesting entity, provided that justify your convenience and opportunity with the situation at the time of the Treaty subsector.

3rd will be assigned 10 points to activities involving the application of new technologies and promote the use of them in the required activity.

4th will be assigned 10 points to those activities that promote the internationalization of the subsector.

5 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 will be assigned 10 points to activities affecting training, professionalization and structuring of the subsector that addresses.

7th will be assigned 10 points to activities whose development participation of professionals in the relevant subsector.

(2 determination of the subsidy corresponding to each specific activity, in accordance with the criteria set out in point (c)).

Proceed as follows: provisional grant corresponding to each activity will be the result of multiplying the same budget by retrieved ratio by dividing by 100 the number of points earned in their assessment.

If coupled with the amounts thus obtained for each activity, such amount exceeds the number that has been determined for the whole of the specific activities, the resulting excess detraerá each, in proportion to their amounts.

«And b) of point 1 of this article, and the sum the quantities obtained by specific activities, as it has been determined in paragraph 2 of this article.»

5. Compatibility of aid, article 4 becomes article 5.

6. Gives new wording to article 6 as follows: «article 6. Initiation of the procedure.

The procedure for granting of these subsidies will be processed on a competitive basis, regulated in articles 23 to 27 of the law 38/2003 of 17 November, and starts automatically by means of the corresponding call to be published annually in the "official bulletin of the State". In order of call the budget shall be established and provided with cargo which will finance these subsidies.'

7. (Article 5, applications and documentation, becomes article 7, with the following modifications in the sections 1.e), 1.f) and 3, which are written in the following way: «(1. Apartado 1.e).» Certificate issued, by who have powers to do so, which well express their participation in the colleges of the Ministry of agriculture, food and environment and the remaining ministerial departments, or their participation in advisory community and international relevant bodies, in both cases on behalf of workers employed and self-employed cited sectors dependent. In the course of the advisory bodies of community and international character, it will come also accompanied by proof of the quota for the year in progress.

(2 paragraph 1.f). In the case of the projects proposed for implementation, it must be accompanied by a detailed memory of them that shall explain its cost, as well as the data corresponding to the objective criteria for granting described in article 4 of this order.

3 paragraph 3. Applications should be submitted within the period of twenty business day period starting from the entry into force of the call of the present support, in the General registry of the Department, or in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure".

8. Article 6, instruction and resolution, becomes article 8, with the following wording: «article 8. Statement and resolution.

1. the statement of the procedure will be held by the Cabinet technical of the Undersecretary of the Ministry of agriculture, food and environment, on the terms laid down in articles 22 and 24 of law 38/2003 of 17 November, General grant.

2. the examination and valuation of them requests is will take to out by the organ instructor, and the concretion of them results is made by a Commission of valuation, whose operation is will adjust to it planned in the chapter II of the title II of the law 30 / 1992, of 26 of November, being attended with them media personal 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 technical Cabinet of the Secretary, with level 30.

(b) vocal: three officials of the Ministry of agriculture, food and environment, at least at level 26.

(c) secretariat: an official of the technical Cabinet of the Secretary, at least at level 26, with voice but without vote.

3. after evaluation and examination of applications, the assessment Committee will issue a report, in which the result of the completed evaluation will be made.

4. 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 ten 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.

5. Once approved the proposal for a final decision, this will rise to the head of the Ministry of agriculture, food and environment or body who is delegate, who will resolve within fifteen days.

6. the deadline for the decision of the procedure and its notification shall be five months from the publication of the call. Within this period without that had relapsed express resolution, is can understand rejected the request for aid.

7. the decision shall be communicated to those interested in the terms provided for in articles 58 and 59 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

8. the resolution will put an end to the administrative procedure and may be optionally appealed in reinstatement to the administrative authority which issued it, or be directly challenged before the administrative court order.»

9. Obligations of the beneficiaries, article 7 becomes article 9, with the following modification which affects the meaning to).

«(Apartado a).» «Accredit the realization of the activities and projects that have been object of grant, in accordance with it intended in the article 10.»

Ten. He article 8 on justification of them expenses and payments happens to be the article 10, with the following wording: «article 10.» Justification of the expenses and payment.

1. them beneficiaries are forced to prove the realization of them activities and them projects that have been object of the grant before the 15 of November of each year through the presentation of a has supporting, with contribution of report of auditor issued by a company auditing, registered in the registration official of Auditors of accounts, of the Ministry of economy and competitiveness , according to the provisions of the order EHA/1434/2007 of 17 may, which approves the standard of performance of Auditors of accounts in the work of review of support accounts of subsidies, within the scope of the public sector, provided for in article 74 of the regulation of the law 38/2003, 17 November , General grants, approved by Royal Decree 887/2006, of 21 July.

2. the beneficiary must prove to not be indebted by resolution of provenance for reinstatement by a responsible Declaration.

3. If within the subsidized costs within an activity any accommodation, maintenance and transportation, to receive the same limit will be laid down by Royal Decree 462/2002, of 24 may, on compensation by reason of the service.

«4 once the justification and after verification of compliance by the organ instructor, will proceed to the payment of subsidies.»

Eleven. Introduces a new article, numbered article 11, which is worded as follows: «article 11. 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 12, 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 breach partial of them purposes for which is granted it helps or of them objectives of the project will be object of weighting by the organ responsible of the follow-up of them aid for determine if comes the returned total or partial of them aid granted, depending on the importance of them breaches and its weight in the joint of them purposes u objectives pursued. 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. elapsed the term established of justification more, in your case, the enlargement granted without having is presented the same, is will require to the beneficiary so in the term extended of fifteen days is presented. 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 fifteen 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.'

12. Modification of the resolution and returned. Article 9 which happens to be amending article 12, with the following wording: «any alteration of the conditions taken into account for the granting of the subsidy, and in any case obtain concurrent of subsidies granted for the same purposes by other public administrations, public entities affiliated or dependent thereof, both national and international, or other persons or legal entities of a private nature 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, where the total amount of the grant exceeds the cost of the subsidised activity, in which case will proceed to adjust the amount of the subsidy.

The resolution of requests for modification will dictate by the awarding body and will be notified within a maximum of twenty working days from the date of its presentation. 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.

The beneficiary entities must reintegrate the perceived amounts, as well as the interest of delay, from the moment of the payment of the grant, in the cases referred to in article 37.1 of the law 38/2003 of 17 November, General of grants in accordance with article 36.

(He returned, in his case, is will take to out according to them following criteria: to) it breach of objectives partial or activities concrete of the object for whose realization is granted the grant, will give place to the returned of that part of the same destined to such objectives or activities.

«(b) proceed the returned of the total of them amounts received and the requirement of interest of delay from the time of the payment of the grant, in them cases in that the beneficiary it get without meet them requirements required for the granting.»

First final provision. Title competence.

This order is issued under cover of the competence attributed to the State by article 149.1.13. ª and 23.ª of the Spanish Constitution.

Second final provision. Entry into force.

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

Madrid, 23 June 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.