Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5319
Law 12/1989, of May 9, the public statistics office, establishes in its article 10(1) that the statistical services, which include the National Institute of statistics (INE), they may request data from all physical and legal, national and foreign, resident persons in Spain. In order to perform statistical operations within its competence in the most efficient manner, the INE leads to obtain such data with the lowest possible cost and with less load for the required action to facilitate data.
In the case of occupation in touristic establishments polls, framed in the Real Decree 1658 / 2012, 7 December, which approves the national statistical Plan 2013-2016, could provide this data with a lower cost and a lower burden on the companies if it were possible to extract the required information from your customers in XML files management applications According to the format established. At the same time this would be a great savings for INE since obtaining this information telematics would prevent the collection of data with personal media. In addition, data in this way adds greater reliability and frequency in obtaining the same and hence a better 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 mentioned files. The object of this standard is to promote the use of the XML files, through the adoption of the order of regulatory basis for awarding grants dedicated to this purpose.
Although within the tourist accommodation occupancy survey, currently this possibility is only open to partners in statistical operations 30235 survey of hotel occupancy and tourist apartments 30236 occupancy survey contained in the Royal Decree 1658 / 2012 in successive calls will set the type of tourist accommodation that may qualify for the grant called.
This plan of subsidies is part of the strategic objectives of the INE achieve higher degrees of efficiency and to reduce the burden on respondents. The announcement of the grant will be continued in the successive budget years since it is aimed at the settlements included in the sample which is periodically defined. The cost of this subsidy, subject in all cases to the fulfilment of the objectives of budgetary stability, is booked to the budget of INE and was financed by savings under data collection.
Pursuant to article 17.1 of law 38/2003 of 17 November, grants, this order has been subject to favorable reports of the law of the State, of the intervention delegate of the General intervention of the State in the INE, as well as the Secretariat-General Technical Department.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.
This order is to the approval of the regulatory basis for the provision of subsidies. These grants are intended to improve the collection of data for statistical purposes using XML files, according to the format established for partner companies in the tourist accommodation occupation surveys carried out by the National Institute of statistics (INE).
Article 2. Eligible expenditure.
Eligible expenditure, for the purposes specified in article 31 of law 38/2003 of 17 November, General grants, effectively carried out subsequent to the date of publication of this order, is considered and to the financing of the cost that the informant might be the improvement of the system of management of customers, allowing the generation of data through XML files.
Article 3. Requirements to obtain the status of beneficiaries.
You can obtain the grant referred to in this order, physical, legal persons and communities of goods that in addition to meeting the requirements in article 13 of law 38/2003 of 17 November, are included in the sample of statistical operations subject of the grant and to commit themselves to send to the INE information required established in the XML format.
The justification that meet the requirements of not being in the prohibitions for the subsidy and the accreditation that they meet the requirements to obtain the status of beneficiaries, will be made by responsible statement, pursuant to article 24.4 of the regulation of development of law 38/2003 of 17 November, General grants approved by Royal Decree 887/2006, of 21 July.
Each call can be the type of tourist accommodation that may qualify for the grant called.
Article 4. Form and term of applications.
Applications, duly completed, shall be submitted in the General registry of the National Institute of statistics [C / Estébanez Calderón, no. 2 (ground floor), 28020 Madrid] or in the way established in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Any mechanism for the identification and authentication of those provided for in article 13 of law 11/2007, of 22 June will be accepted for the filing of the application by electronic means.
The deadline for submission of applications shall be four months from the day following the publication in the "Official Gazette" of the resolution's 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 requirements, you will be required to the applicant so that, within the period of ten working days, remedy the faults or attach the required documents. If this time do not rectify, shall be you withdrawn your request, previous resolution that should be dictated in the terms provided for in article 42 of the law 30/1992, of 26 November.
Article 5. Procedure and award criteria.
The procedure for granting of subsidies is processed on a competitive basis.
The grant will be awarded to applicants who meet the requirements of this order of bases. In the event that the requests for funding exceed the budgetary limit, the applicable selection criterion would be the volume of information transmitted by the tourism establishment assessed in accordance with the monthly average of the number of courses completed in the last year, or the lowest of the year, the available months if.
The operation of the College referred to in article 6(2) shall comply with the regime established in law 30/1992, of 26 November.
Article 6. Competent bodies for the management, instruction and resolution of the procedure and period of notice.
Management and instruction of the procedure corresponds to the General Secretariat of the INE, which will carry out actions necessary for determination, knowledge and verification of the data which has made the motion for a resolution.
The award of the grant proposal will be formulated by a collegiate body presided over by the head of the General Directorate of INE which is attached the Subdirectorate-General responsible for the surveys of tourism, through the General Secretariat of the INE. The two Directors-General of INE, the Subdirectorate responsible for surveys of tourism Deputy Director-General and Assistant Director-General responsible for the collection of data or the people who delegate will be part of this College. It will also form part of this College, acting as secretariat of the same, with voice and vote, the Secretary General of INE. The creation and operation of the College will be attended with the personal, technical and budgetary resources allocated to the organ in which is integrated.
Corresponds to the President of the INE resolution of the procedure, which does not exhaust administrative remedies, can the applicant appeal of appeal to the Minister of economy and competitiveness, in the period of one month from notification.
The deadline to resolve and to notify the resolution of the procedure shall be two months from the day following the completion of the term for the submission of applications. Where the deadline had passed without having notified the resolution, award of the grant application shall be rejected by administrative silence.
Instruction and resolution activities shall comply with the provisions of articles 24 and 25 of law 38/2003 of 17 November, General grant.
Article 7. Credit budget and amount of the subsidy.
Grants will be awarded with charge staffing consigned to the effect on the budget of expenses of the INE, endowment which will have to set the call or calls for subsidies which are carried out under cover of this order of regulatory bases.
The creation and functioning of the College shall be served with the personal, technical and budgetary resources allocated to the organ in which is integrated.
The appropriated amount will be distributed among statistical operations laid down in each call in proportion to the size of the sample of each one of them.
The amount of the individual, in any case less than 3,000 grant, shall be fixed in each call.
Article 8. Advertising.
Subsidies that are granted will be made public through the website of the INE with expression of the call, the purpose of the grant, the budgetary credit program, the identity of the beneficiaries and the amount of the subsidy.
Article 9. Time limit and form of justification by the beneficiary of the fulfillment of the purpose that the subsidy was granted.
1 justification shall be made when the recipient has made sending statistical data through XML files according to the established format, for at least 6 consecutive months.
2. costs are justified with bills and other documents of equivalent probative value in the mercantile traffic or with administrative efficiency, original or certified copy thereof.
Article 10. Payment of the subsidy.
The payment will be made at the time the present beneficiary corresponding proof of expenditure in accordance in article 9(2).
Article 11. Reimbursement of the grant.
Shall the reinstatement of perceived quantities and the demand of the interest on arrears corresponding from the moment of the payment of the grant to date the origin you remember of reinstatement in the event of failure to comply with provisions in article 9(1), as well as in the case that there are any other causes of reinstatement provided for legally.
Article 12. Incompatibility.
This subsidy is incompatible with other grants, aid, income or resources for the same purpose, from any authorities or entities, public or private, national, EU or international organisations.
First additional provision. No increase in public spending.
The measures included in this standard should be dealt with budgetary availability in each exercise and may not expect endowments or remuneration of other staff costs increase.
Second additional provision. Applicable regulations.
In all matters not provided for in this order or in the respective notices will apply what is established in law 38/2003 of 17 November and in their regulation of development approved by Royal Decree 887/2006, of July 21, as well as in law 30/1992, of November 26, and in how many standards are applicable.
First final provision. Skill-related title.
This provision is dictated under the protection as provided in article 149.1.31. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of statistics for State purposes.
Second final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, May 11, 2015.-the Minister of economy and competitiveness, Luis de Guindos jury.
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