Law 12/1989, of May 9, of the Civil Statistics Service, states in article 10.1 that the statistical services, among which the National Statistics Institute (INE) is located, may request data from all natural and legal persons, national and foreign, resident in Spain. In order to carry out the statistical operations of its competence in the most efficient way, the INE drives actions to obtain such data at the lowest possible cost and with the least burden for those forced to provide the data.

In the case of the occupation surveys in tourist establishments, under the Royal Decree 1658/2012, of 7 December, approving the National Statistical Plan 2013-2016, this data could be provided with lower cost and lower burden for businesses when it is possible to extract the requested information from their client management applications in XML files, according to the established format. At the same time this would be a great saving for the INE since the telematic obtaining of this information would prevent the collection of data with personal means. In addition, obtaining data in this way adds greater reliability and frequency in obtaining the data, and therefore, higher quality of the surveys.

Despite the advantages associated with the use of these files, not all tourist establishments have applications that allow the generation of the aforementioned files. The purpose of this rule is to encourage the use of XML files, through the approval of the order of regulatory bases for the grant of grants dedicated to this purpose.

Although within the Survey of Occupation in Tourist Accommodation, currently this possibility is only open to the collaborating companies in the statistics operations 30235 Survey of Hotel Occupation and 30236 Survey of Occupation in Tourist Apartments as set out in Royal Decree 1658/2012, in successive calls will be fixed the type of tourist establishment that will be eligible for the grant called.

This grant plan is part of the INE's strategic objectives of achieving greater degrees of efficiency and reducing the burden on informants. The call for the grant will continue in the successive budgetary years as the grant will be directed to the establishments included in the sample which will be regularly defined. The cost of this subsidy, subject in any case to compliance with the objectives of budgetary stability, is attributed to the budget of the INE and is financed from the savings provided for in the collection of data.

According to the provisions of Article 17.1 of Law 38/2003, of 17 November, General of Grants, this order has been the subject of favorable reports by the State Advocate, of the Delegation of the State General Intervention in the INE, as well as the Department's Technical General Secretariat.

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

Article 1. Object.

This order aims to approve the regulatory bases for the grant of subsidies. These grants are intended to improve the collection of data for statistical purposes using XML files, according to the format established for the collaborating companies in the Occupation Surveys in Tourist Accommodation carried out by the Instituto Nacional de Estadística (INE).

Article 2. Eligible expenditure.

It is considered eligible expenditure, for the purposes provided for in Article 31 of Law 38/2003, of 17 November, General of Grants, the effectively carried out after the date of publication of this order, and to be intended to finance the cost that the informant might be able to provide for the improvement of the client management system, which allows data to be generated through XML files.

Article 3. Requirements for obtaining the status of beneficiaries.

They may obtain the grant referred to in this order, natural persons, legal entities and communities of property that in addition to meeting the requirements of Article 13 of Law 38/2003 of 17 November, are included in the the sample of the statistical operations that are the subject of the grant and commit to send the required information to the INE, in the XML format established.

The justification that they meet the requirements of not being incourses in the prohibitions to obtain the grant and the accreditation that they meet the requirements to obtain the condition of beneficiaries, will be realized by responsible declaration, in application of the provisions of Article 24.4 of the Law of the Development of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

For each call, the type of tourist establishment eligible for the grant shall be fixed.

Article 4. Form and deadline for applications.

The applications, duly completed, will be filed in the General Register of the National Statistics Institute (C/ Estebanez Calderón, n. 2 (ground floor), 28020 Madrid) or in the form set out in Article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

For the submission of the application by electronic means any mechanism for the identification and authentication of those provided for in Article 13 of Law 11/2007, of June 22, shall be accepted.

The deadline for submitting applications will be four months from the day following that of the publication in the "Official State Gazette" of the decision to call for the grant. Applications shall be accompanied by the responsible declaration referred to in Article 3.2.

If the application does not meet the required requirements, the person concerned will be required to subsane the faults or accompany the required documents within ten working days. If, within this period, the remedy is not produced, you shall be given a withdrawal of your request, upon a decision which shall be given in accordance with the terms of Article 42 of Law No 30/1992 of 26 November 1992.

Article 5. Procedure and criteria for granting.

The procedure for granting grants is dealt with under competitive competition.

The grant will be awarded to applicants who meet the required requirements on this basis. In the event that the grant applications exceed the budgetary limit, the applicable selection criterion would be the volume of information transmitted by the tourist establishment assessed according to the monthly average of the number of fields completed in the last year, or in the case of being less than the year, of the months available.

The functioning of the collegiate body referred to in Article 6.2 shall be in accordance with the procedure laid down in Law 30/1992 of 26 November.

Article 6. Competent bodies for the management, instruction and resolution of the notification procedure and time limit.

It is for the management and instruction of the procedure to the General Secretariat of the INE, which will carry out as many actions as are necessary for the determination, knowledge and verification of the data under which there is the motion for a resolution.

The proposal for the grant of the grant will be formulated by a collegiate body, chaired by the head of the Directorate General of the INE to which the Deputy Director General responsible for the tourism surveys is attached. of the General Secretariat of the INE. The two Directors-General of the INE, the Deputy Director-General of the sub-directorate responsible for the tourism surveys and the Deputy Director-General responsible for the collection of data or the persons in whom they delegate, shall be part of this collegiate body. She will also be part of this collegiate body, acting as secretary of the same, with voice and vote, the General Secretariat of the INE. The establishment and functioning of the collegiate body shall be addressed with the personal, technical and budgetary means assigned to the body in which it is integrated.

It is up to the INE President to resolve the procedure, which does not exhaust the administrative route, and the interested party can bring an appeal before the Minister of Economy and Competitiveness, within a month of their notification.

The maximum period for resolving and notifying the decision of the procedure shall be two months from the day following the end of the deadline for the submission of applications. Where the maximum period has elapsed without the notification of the decision, the application for the grant of the grant shall be deemed to be rejected by administrative silence.

The activities of instruction and resolution shall be in accordance with the provisions of Articles 24 and 25 of Law 38/2003 of 17 November, General of Grants.

Article 7. Budget appropriation and amount of the grant.

The grants will be paid from the allocation to the effect of the INE Expenditure Budget, which will have to be adjusted to the call or calls for grants under this budget. order of regulatory bases.

The creation and functioning of the collegiate body will be addressed with the personal, technical and budgetary resources assigned to the body in which it is integrated.

The amount entered shall be distributed among the statistical operations fixed in each call in proportion to the sample size of each call.

The amount of the individual grant, lower in any case to 3,000 euros, will be fixed in each call.

Article 8. Advertising.

The grants to be awarded will be made public through the INE website with the expression of the call, the purpose of the grant, the budget credit program, the identity of the beneficiaries and the amount of the grant.

Article 9. Deadline and form of justification by the beneficiary of the fulfilment of the purpose for which the grant was granted.

1. The justification shall be understood when the beneficiary has made the submission of the statistical data via XML files in accordance with the established format, at least for 6 consecutive months.

2. Expenditure shall be justified by invoices and other documents of equivalent probative value in commercial traffic or with administrative efficiency, in original or certified copy.

Article 10. Payment of the Grant.

The payment shall be made at the time the beneficiary submits the corresponding expenditure supporting documents in the form set out in Article 9.2.

Article 11. Reimbursement of the grant.

The recovery of the amounts received and the requirement of the interest of the corresponding delay from the moment of payment of the subsidy until the date on which the origin of the refund is agreed in case of non-compliance of the provisions set out in Article 9.1, as well as in the case of any other legally intended drawback of recovery.

Article 12. Incompatibility.

This subsidy is incompatible with other grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or bodies

Additional disposition first. No increase in public spending.

The measures included in this standard will be met with the existing budgetary resources available for each financial year and will not be able to increase appropriations or salaries or other personnel costs.

Additional provision second. Applicable rules.

In all that is not foreseen in this order or in the respective calls it will be applicable as established in Law 38/2003, of 17 November and in its Implementing Regulation approved by the Royal Decree 887/2006, of July 21, thus as in Law No 30/1992 of 26 November and in all applicable rules.

Final disposition first. Competence title.

This provision is made in accordance with the provisions of Article 149.1.31. of the Spanish Constitution, which attributes exclusive competence in the field of statistics to the State for state purposes.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, May 11, 2015. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.