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Order Int/666/2015, Of 27 March, Which Approve The Regulatory Basis For The Provision Of Subsidies To Local Authorities Assigned To The Nuclear Emergency Plans.

Original Language Title: Orden INT/666/2015, de 27 de marzo, por la que se aprueban las bases reguladoras para la concesión de subvenciones a entidades locales adscritas a los Planes de Emergencia Nuclear.

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TEXT

Law 2/1985 of 21 January on Civil Protection establishes that the permanent action of the public authorities will be directed to the study and prevention of situations of serious risk, disaster or public calamity and protection. and relief of persons and property in cases where such situations occur.

In this area, accidents that may arise in the functioning of the Spanish nuclear power stations or stops while storing spent fuel may cause situations of serious risk, forcing the Administration to General of the State, in concurrence with other administrations, to have the necessary planning measures. These include the preventive actions contemplated in the Basic Plan of Nuclear Emergency (PLABEN), approved by Royal Decree 1546/2004 of 25 June, as amended by Royal Decree 1428/2009 of 11 September, as a guideline which contains the essential rules and criteria for the development, implementation and maintenance of the effectiveness of civil protection nuclear emergency plans.

Planning for nuclear emergencies is organized at two levels, administratively different but complementary in emergency intervention.

On the one hand, the actions within the nuclear power plant corresponding to the Plan of the Interior Emergency (PEI), regulated by the Regulation on Nuclear and Radiactive Facilities, approved by the Royal Decree 1836/1999 of 3 December and which corresponds conceptually to the obligations of corporate self-protection established in general in Law 2/1985 of 21 January; on the other hand, the activities outside the nuclear power plant, corresponding to the Nuclear Emergency Plans of the external response level, regulated for the current PLABEN.

The nuclear emergency plans of the level of external response derived from the PLABEN are the Nuclear Emergency Plans for Nuclear Power Plants (PEN), which in turn include the action plans of the groups. Operational and municipal action plans in the nuclear emergency (PAMEN), as well as the Nuclear Emergency Plan of the Central Response and Support Level (PENCRA).

In order to establish mechanisms for the effective implementation of the PEN in which local administration is involved, investments have been made during the last few years for the material resources and resources of a different nature, funded directly by the Ministry of the Interior through annual calls for grants. This is not obice so that it is necessary to continue improving the operativity achieved and maintain it over time, for which the Ministry of the Interior has developed a Strategic Plan of Grants for the triennium 2015-2017 in which reflect the broad lines of action which are intended to be carried out in this field. This Strategic Plan gives compliance to the already mentioned PLABEN, whose competence corresponds to the General Administration of the State with the contest of the remaining public administrations.

As is logical, the serious consequences that can be derived from accidents at nuclear power stations do not know the territorial limits of the autonomous communities. This circumstance has been highlighted by the Constitutional Court (STC 133/1990 of 19 July) when it points out that the emergency situation under the PLABEN is "the situation concerning nuclear accidents in nuclear installations". This is a potential impact on the outside world, which is an assumption in which the national interest can be affected, with a supra-regional dimension. "

Therefore, it is clear that the coordination of all public administrations in this field is necessary, either in order to provide an answer, be it in a prevention role, which is what the objective of this line pursues. of grants.

As far as grants or aid are concerned, the constitutional case law has supported the legitimacy of state intervention with STCs 13/1992, 6 February, and 16/1996, of 1 February. In fact, the Constitutional Court understands that " the State has jurisdiction in matters of civil protection (Article 149.1.29 EC), concurrent with that held by the Autonomous Communities, in the terms declared by the STC 133/1990, allows, among other things, to mobilize resources in case of an emergency when a national interest is present, or requires a national coordination or direction of all the administrations concerned, by the scope and dimension of the emergency ".

In this way, the exercise of state powers is fully justified by the fact that the Constitution reserves the exclusive competence of the State in this matter. For the same reason, subsidies in this field should be uniform and general in nature for the entire national territory, in order to ensure the same possibilities for obtaining and enjoying their potential recipients and ensuring, in the same way, the effectiveness of the Nuclear Emergency Plans in cases of accidents that require the provision of resources and resources at a higher level than the regional level.

On the other hand, coordination with local authorities is governed by the provisions of Article 10 of Law 7/1985 of 2 April, regulating the Local Government Bases, without the coordination functions being able to affect in no case to the autonomy of the local entities.

Exposed the competitive and basic material aspects, the application of this subsidy line is effected through the ordinary competitive concurrency regime, in accordance with the provisions of Article 22.1 of the Law 38/2003, of November 17, General of Grants. The competition for the grant of subsidies lies with the Minister of the Interior, for which it is necessary to approve previously a regulatory basis by means of this ministerial order, as laid down in Article 17 of the aforementioned Law. 38/2003, dated November 17.

This provision establishes the subject of the grant line, as well as the beneficiaries to which it is intended, namely local authorities corresponding to the municipalities designated as 'zone I municipalities' and those which are 'Sedes'. of Classification and Discontamination Stations (ECD) or "Base Areas of Social Reception" (ABRS) in the PEN.

Eligible actions are regulated, the maximum amounts that can be granted per beneficiary, the percentage of funding for certain infrastructures that have already been the subject of special attention during periods the procedure for processing and the criteria for the assessment of applications which, in order to ensure an objective order of precedence between the applications submitted, have been extended in relation to those laid down in the regulatory bases for the granting of subsidies to local entities attached to the Nuclear Emergency Plans implemented during the period 2012-2014.

Also, the composition of the Valuation Commission is regulated, as a collegiate body constituted in the Directorate General of Civil Protection and Emergencies; and it is determined that the payment of the grants will be made in character prior to the performance of the activity, after the beneficiary has justified the award of the relevant contract. After payment, it shall be required to present a supporting account.

In order to ensure transparency in the procedure, the mandatory advertising of the calls for grants will be given by means of the official publication required by Law 38/2003 of 17 November, and its Regulation of development, approved by Royal Decree 887/2006 of 21 June. In addition, transparency is ensured through the referral of information to the National Grant Database, in accordance with the provisions of Articles 18 and 20 of Law 38/2003 of 17 November, taking into account the changes introduced by Law 15/2014, of 16 September, of rationalisation of the public sector and other measures of administrative reform.

Finally, the regime of infringements and penalties is established, together with the possibilities for the reimbursement of the grants by the beneficiaries, in the cases provided for in Title II of Law 38/2003 of 17 November.

In its virtue, prior to the report of the State Advocate and the Intervention Delegate in the Ministry of the Interior, and with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

The purpose of this ministerial order is to establish the regulatory basis for the granting of subsidies, under competitive competition, aimed at improving the allocation of local entities included in the municipalities designated as "zone I municipalities" and as "ECD" or "ABRS" headquarters in the Nuclear Emergency Plans for Nuclear Power Plants (PEN), in order to contribute to the effective performance of the performance forecasts contained in the corresponding Municipal Performance Plans in Nuclear Emergency (PAMEN).

Article 2. Legal framework.

The legal regime of the grants provided for in this rule is constituted by Law 38/2003 of 17 November, General of Grants, the Regulation of the aforementioned law, approved by the Royal Decree 887/2006, of July 21, and the regulatory bases approved by this ministerial order.

Article 3. Definitions.

For the purposes of this ministerial order, the following definitions shall apply:

(a) Local entity: From among all the local entities mentioned in article 3 of Law 7/1985, of April 2, regulating the Bases of the Local Regime, only the municipalities.

b) Zone I: Urgent protection measures zone, comprising the circle of 10 kilometers of radius, concentric with the nuclear power plant, which includes zone 0.

c) ECD: Classification and Discontamination Station.

d) ABRS: Social Reception Base Area.

e) CECOPAL: Operational Coordination Center (PAMEN).

Article 4. Beneficiaries.

1. The aid provided for in this provision may be covered by the local authorities included in the list of municipalities designated as 'zone I municipalities' and as 'ECD' or 'ABRS' headquarters in the PEN de Santa Maria de Garona (Burgos), in Almaraz (Cáceres), by José Cabrera and Trillo (Guadalajara), by Asco and Vandellos (Tarragona) and from Cofronts (Valencia), who have a PAMEN approved by agreement of the competent body of the institution, after the report of the executive organ of the PEN, and ratified by the director of the PEN.

2. Annual calls may provide for a specific line for a particular type of beneficiaries, taking into account their characteristics and the entity of the functions they perform in the Nuclear Emergency Plans.

Article 5. Requirements of the beneficiaries.

1. In order to obtain the status of a beneficiary, the local authorities referred to in the foregoing Article shall, at the time of filing the application, prove that they are not in any of the circumstances provided for in Article 13.2 of the Law 38/2003, dated November 17.

2. Also, potential beneficiaries may not be subject to any of the circumstances provided for in Article 13.3 of Law 38/2003 of 17 November.

3. This justification may be made by means of judicial testimony, telematic certificates or data transmissions, in accordance with the provisions of the regulatory rules governing the use of electronic, computer and electronic telematic by the General Administration of the State, or administrative certification, as the case may be, and where such a document cannot be issued by the competent authority, it may be replaced by a responsible declaration issued before a administrative or notary public authority, in accordance with the provisions of Article 13.7 of the Law 38/2003, dated November 17.

Article 6. Eligible actions.

Without prejudice to the further details of the actions to be awarded in the respective annual call for grants, the following types of projects will be eligible:

(a) Projects intended for the installation and/or renewal of communications systems and notices to the population that may be affected in the event of a nuclear emergency, in order to ensure that the entire population is notified affected in a fast and efficient way.

(b) Projects intended for the equipment and/or renovation of CECOPAL, in order to ensure that adequate means are available to deal with the effects of a nuclear emergency, including the computerisation of the PAMEN, the use of the same in emergency management is facilitated.

(c) Projects intended for the acquisition of means for use by municipal services, necessary for the proper management of the emergency, as set out in the relevant PAMEN.

(d) Projects for the conditioning of roads (roads, exit routes and access to the population and streets of the municipalities themselves) which, in accordance with what is specified in the PAMEN, play an important role in development of the activities planned in the same (evacuation of people, warning to the population, distribution of tablets for the radiation prophylaxis) in order to enable them to be properly carried out.

e) Projects aimed at improving and equipping or renovating existing ECDs or portable ECD acquisitions by the municipalities based on ECD.

f) Material and equipment to facilitate the implementation of programmes of prior information of the citizens and the theoretical-practical training of the staff of the municipal services to intervene in case of emergency nuclear, as set out in the corresponding PAMEN.

Article 7. Limit and amount of aid.

1. The maximum amount of aid to be granted to each beneficiary shall be EUR 60 000.

2. The amount of the aid shall be determined by comparison of the applications submitted, in order to establish a priority between them in accordance with the criteria laid down in Article 14 of this order, up to the limit of the amount of These effects are designated in the relevant call.

3. In the case of projects intended for road conditioning, without prejudice to the maximum amount referred to in point 1, the amount of the aid may not exceed 80% of the total budget value of the project.

4. In no case can a subsidy be awarded above the cost of the activity. However, the grants awarded by the Ministry of the Interior for these concepts will be complementary and compatible with other aid or income from other public or private entities, up to the total cost of the The beneficiary is obliged to notify the granting authority of any other income or aid which is financed by the subsidised activities.

Article 8. Eligible expenditure and destination of the goods.

1. As regards the use of the award procedure which is mandatory in each case, it will be applicable to the rules in force in the field of public sector procurement.

2. By way of derogation from the above paragraph, where the amount of eligible expenditure exceeds the amount set for the corresponding minor contract in the current rules on public sector procurement, the beneficiary shall to request at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of the service or the delivery of the goods, except that due to its special characteristics it does not exist on the market (a) a sufficient number of entities to perform, provide or supply, or unless expenditure has been incurred; prior to the grant, circumstances which must be sufficiently tested by the applicant at the time of the submission of the documentation attached to the application or at the time of the award of the contract.

3. In the eligible actions described in Article 6 of this order, the beneficiary shall be obliged to maintain the goods acquired under optimum conditions of use and specifically intended for the purpose for which the grant is granted, during the 10 years following the time of its acquisition. In the case of the purchase of all-terrain vehicles, the subscription of insurance covering the damage to the vehicle during the first five years shall be compulsory. Compliance with these requirements will be verified by the Civil Protection services of the respective Government Subdelegations.

Article 9. Call and procedure.

The procedure for the award of grants shall be initiated on its own initiative, by means of a call approved by the Minister of the Interior, in accordance with the procedure laid down in Chapter II of Title I of the Law 38/2003 of November 17, and in accordance with the principles of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 10. Competent bodies for the management, instruction and resolution of the procedure.

1. The authority responsible for the procedure shall be the General Subdirectorate for the Management of Resources and Grants of the Directorate-General for Civil Protection and Emergencies, which shall be responsible for the request for any reports it considers. necessary to resolve or be required by the rules governing the grant, as well as the conduct, where appropriate, of the hearing procedure, in accordance with the provisions of Article 84 of Law 30/1992 of 26 November.

2. The competent body for the resolution of the procedure for processing, granting or refusing grants, is the holder of the Ministry of the Interior, without prejudice to the fact that the decision is taken by delegation by the body which has attributed to that faculty on the basis of the amount.

Article 11. Composition and functioning of the Valuation Commission.

1. The Valuation Commission is formed within the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior, with the following composition:

Presidency: The Deputy Director-General for Resources and Grants Management at the Directorate-General for Civil Protection and Emergencies.

Vice Presidency: The Deputy Director General of Prevention and Planning of the Directorate General for Civil Protection and Emergencies.

Vocals:

a) The Vocal Advisor-Coordinator of Informatics and Communications of the Directorate General of Civil Protection and Emergencies.

b) The Head of Grant Management Area of the Directorate General for Civil Protection and Emergencies.

c) The Head of Nuclear and Radiological Risk Service of the Directorate General for Civil Protection and Emergencies.

d) The Head of Operational Action Area of the Directorate General for Civil Protection and Emergencies.

Also, at the request of the Presidency of the Valuation Commission, when deemed appropriate, they will attend the meetings of this collegiate body, as advisors, with voice but without a vote, the Heads of the Civil protection of the peripheral administration of the State in whose headquarters a nuclear power plant or other personnel of the Directorate-General for Civil Protection and Emergencies are located.

Secretariat: The Director of Grant Programs at the Directorate General for Civil Protection and Emergencies.

2. It is for the Commission to assess the issue of a report setting out the outcome of the assessment carried out.

3. The Commission of Valuation shall accommodate its operation to the arrangements provided for in Chapter II of Title II of Title II of Law No 30/1992 of 26 November.

Article 12. Call and deadline for submission of applications.

1. The interested parties will make their requests for assistance according to the standard model that is attached as an annex to this ministerial order, which will be available to the applicants on the website of the Directorate General of Civil Protection and Emergencies, at www.proteccioncivil.es.

2. The applications, together with the documentation referred to in Article 13 of this order, must be addressed to the head of the Directorate-General for Civil Protection and Emergencies, which may be presented in the register of this body, located in the Calle Quintiliano, number 21, Madrid, postal code 28002, in the other registers and offices referred to in Article 38.4 of Law 30/1992, of 26 November, or in the electronic headquarters of the Ministry of the Interior, through the form of general purpose for the submission of writing.

3. The time limit for the submission of applications shall be 15 days from the date following that of the publication of the relevant call in the Official Gazette of the State.

Article 13. Error documentation and subhealing.

1. The application submitted shall be accompanied by the following documentation:

(a) The explanatory note of the proposed action, which will be the subject of a grant, justifying its need and opportunity. In any case, the memory must include a specific section in which the improvements that the performance of the projected performances will represent in the performance of the functions attributed to the municipal organization are specified and founded. in the corresponding PAMEN.

b) Valued memory or, where appropriate, economic budget of the cost of the action for which the grant is requested.

c) Accreditation certification issued by the Secretary of the Corporation in which the approval of the PAMEN is recorded, indicating the dates of approval by the competent body of the entity, in accordance with the provisions of the Royal Decree 1546/2004 of 25 June, approving the Basic Nuclear Emergency Plan.

d) Certification issued by the Secretary of the Corporation regarding the legal empowerment of the person exercising the functions of Mayor.

e) Certification of the Agreement of the Corporation in which the contracting of the actions to be carried out in the event of obtaining the grant requested.

(f) Statement responsible for other public and private aid, requested or received by the institution in relation to the same programmes, actions or expenditure as the subject of an application.

(g) Justification that the entity is not in any of the circumstances provided for in Article 13 (2) and (3) of Law 38/2003 of 17 November, in accordance with Article 5 of the order.

2. In the event of a project for the installation and/or renovation of communications systems and notices to the population, a report shall also be provided for the competent municipal technical services in which the project is accredited. project compatibility with the systems in which they are integrated or complementary.

3. In the event that the project submitted exceeds the maximum amount provided for in the call for each beneficiary, a certificate must be submitted by the Controller of the Corporation, or by the Secretariat-Controller of the Corporation, where appropriate details of the appropriations entered in the budget for the current financial year in order to deal with this excess investment or, failing that, a formal commitment, issued by the competent body, for the approval of the budgetary amendment required to allow execution of the work.

4. In any event, the submission of the grant application shall entail the authorization of the applicant for the granting of direct, through telematic certificates, the accreditation of the fulfilment of the obligations. Tax and social security, in which case the applicant must not provide the corresponding certification. However, the applicant may expressly refuse consent at the time of making his or her application, and must then provide the accreditative certification in the terms provided for in Article 22 of the Law 38/2003, 17 November.

5. In order to complete the documentation referred to in this article, the Directorate General for Civil Protection and Emergencies will require, during the procedure's instruction phase, a report of the Delegate or Deputy Government of the Government that exercises the Directorate of the PEN, in which the adequacy and conformity of the performances provided for in it is accredited, in particular on its suitability for the best performance of the corresponding PAMEN and if it is of special relief for the functionality of the PEN in its as a whole, as well as the data referred to in Article 14.2 of this order, which serve as a basis for the assessment of the requests.

6. Certification of the Subdelegate in which the date of update and ratification by the director of the PEN is credited with the municipal action plan.

7. The verification of the existence of data which is not in conformity with the reality, both in the application and in the documents provided, may, in the light of its importance, lead to the refusal of the aid requested, without prejudice to the remaining responsibilities that could be derived.

8. If the application does not contain the identifying particulars provided for in Article 70 of Law No 30/1992 of 26 November 1992 and the documents which are determined in this order, the applicant shall be required to do so within a period of (a) 10 days after the absence or accompanying of the required documents, indicating that, if it does not do so, it shall be given the withdrawal of its request, on the basis of a decision which must be given in accordance with Article 42 of that same Law.

Article 14. General assessment criteria.

1. Applications shall be assessed taking into account the consistency of the action requested in relation to the PEN. For these purposes, the assessment criteria referred to in the following paragraph are intended to establish an objective order of priority for the applications submitted by the potential beneficiaries, taking into account the factors such as investments made in previous years, proximity to the nuclear power plant, population density, the number of inhabitants surveyed in the municipality, the assessment made of the relevance of the project for the functionality of the PEN as a whole and the date of the PAMEN update.

2. In the relevant call, taking into account the specificities of the subject-matter of the grants, all or some of the following assessment criteria will be established:

(a) Significant investments in the last five years prior to the approval of the relevant call, through contributions made by the Ministry of the Interior in calls for grants or agreements collaboration with local authorities. 10 points will be awarded to those who have not had investments in the last five years; 8 points, for those who have not had investments in the last four years; and so on up to 2 points for those who do not have investments in the last year previous.

b) The proximity to the nuclear power plant of the population core for which the grant is requested. Those who are in the radius of five kilometers away to the nuclear power station will be awarded 4 points; and those located in the radius of between kilometer five and ten, will be awarded 2 points.

c) Population density determined by the number of inhabitants in relation to the territorial extent of the population, for which the population of the census in the municipality, published by the Institute, will be taken as a reference National of Statistics. Lower population density will be awarded higher scoring, according to the following scale:

0 to 10 habit/km²: 10 points.

11 to 50 habit/km²: 8 points.

51 to 100 habit/km²: 6 points.

101 to 250 habit/km²: 4 points.

251 to 500 habit/km²: 2 points.

Over 500 habit/km²: 1 point.

If the population density is not an integer, it will be rounded by default if the first decimal is less than five and excess when it is equal to or greater than five.

3. In the event of the concurrence of applicants and of bringing together all the requirements for a favourable resolution, the grants shall be awarded in accordance with the order established by the Valuation Commission, up to the limit of the amount of the budget allocated to the corresponding aid line. If, as a result of a tie in the valuation of the applications, the resulting credit was not sufficient to cover all of them, local entities with a lower number of inhabitants would be prioritized.

Article 15. Processing and resolution.

1. After the deadline for the submission of applications, the Valuation Commission shall carry out the examination and evaluation of the applications submitted, with the instructor being able to carry out, on its own initiative, all the measures deemed necessary for the determination, knowledge and verification of the data by virtue of which the motion for a resolution should be formulated. The proposal shall express the ratio of applicants for which the grant of the grant is proposed, and the amount of the grant, specifying its assessment and the assessment criteria followed to carry out the grant, in accordance with the Article 24 (4) of Law 38/2003 of 17 November.

2. The instructor shall forward the motion for a resolution to the Minister of the Interior, or to the body which has delegated the competence of the concession, so that, within the maximum period of 15 days, the final decision shall be given, and shall in any event be left to the In accordance with Article 1 (1) of Regulation (EU) No No 1, the Commission shall, in accordance with Article 1 (1) of Regulation (EU) No thereof, provide the following information: The decision shall be notified individually to the persons concerned with the expression of the resources which they come from, the body to which they must be submitted and the time limit for their application.

3. The resolution, in addition to containing the relationship of applicants to which the grant is granted, shall state, if appropriate, expressly, the dismissal of the remaining applications, either by withdrawal, waiver of the right or impossibility material overcome. It must also include a list of all applications for a decreasing order of punctuation, for the purposes that, if the maximum amount of the credit fixed for each call has been exceeded, new grants may be reallocated in the case of the resignation of any of the beneficiaries, with the effects provided for in Article 63.3 of the Regulation of Law 38/2003 of 17 November.

4. The total amount of aid granted may not exceed the amount of credit entered and available in the budgetary implementation of the general budget of the State for the financial year concerned, to be determined in the corresponding call.

5. The maximum period for notifying the decision shall be six months from the day following that of the publication of the relevant call, unless the latter is deferred to a later date. The expiry of the maximum period without notification of the legitimate decision to the persons concerned to understand by administrative silence the application for the grant of the grant, as provided for in Article 25.5 of the Law 38/2003, dated November 17.

6. The judgment given shall terminate the administrative procedure and the parties concerned may, without prejudice to the power to make use of the requirement prior to the reference referred to in Article 44.1 of the Law, make use of the administrative procedure. 29/1998, July 13, regulatory of the Administrative-Administrative Jurisdiction.

Article 16. Advertising of the grants awarded.

1. The relationship of grants awarded will be published in the "Official Gazette of the State", in accordance with the provisions of Article 30 of the Regulation on the development of Law 38/2003 of 17 November, without prejudice to the dissemination to be taken by the beneficiary of the grant to give adequate publicity to the public nature of the investment financing.

2. In addition, the Directorate-General for Civil Protection and Emergencies will provide the National Database of Grants with information on managed grants, as provided for in Articles 18 and 20 of Law 38/2003, 17 of November, as well as in Articles 35 to 41 of the Implementing Regulation of that Law.

Article 17. Obligations of the beneficiary entities.

The beneficiaries will be required to fulfil the obligations laid down in Article 14.1 of Law 38/2003 of 17 November, in particular as regards the implementation of the subsidised activity, the adoption of the dissemination measures mandatory, the justification for compliance with the requirements and conditions and the submission to the verification actions.

Article 18. Modification of the resolution.

The final decision of the call may be modified at any time, when the conditions for obtaining the grant have been altered or other contributions for the grant have been obtained concurrently. for the same purpose.

Article 19. Payment of the grant.

1. Before the recognition of the obligation and the proposal for payment occurs, the beneficiary entities must be informed in compliance with their tax obligations and in the face of social security and must declare expressly that they are not liable to be liable for the withdrawal of grants from any general government, in accordance with Article 13.2.g of Law 38/2003 of 17 November.

2. In view of the fact that the prior financing is necessary for the beneficiary to be able to carry out the actions inherent in the grant, the payment shall be made in advance, once the beneficiary has documented the the award of the respective performance, by means of a bank transfer ordered to the account discharged by the institution in the Central File of Third Parties of the General Secretariat of the Treasury and Financial Policy.

3. For the purposes of the advance payments, the local entities benefiting from the grants provided for in this order are exempted from the obligation to provide guarantees, as public administrations.

4. For the beneficiary, the costs relating to projects and potential expropriations, as well as increases resulting from changes in contracts arising after the award, as well as possible, shall be borne by the beneficiary. liquidations.

Article 20. Performance of the activity and dissemination measures.

1. The action for which the subsidy is granted must be carried out until its completion within the maximum period of six months from the notification of the decision to grant the person concerned. However, the granting authority may agree to an extension for an additional period of up to six months, where there are grounds for preventing the achievement of the subsidised action in the longer term.

2. For the purposes of understanding the obligation to give publicity to the grant awarded, the dissemination measures to be adopted by the beneficiaries and the time of the publicity shall depend on the type of project supported:

(a) In the case of projects for the execution of a public work, the beneficiary must place in a well visible place the poster identifying the Ministry of the Interior as the funder of the action. The poster model is available on the website of the Directorate General for Civil Protection and Emergencies, in the section "Aid and grants". The cartel shall be exposed for the duration of the execution of the work.

(b) In the case of different projects of public works, the beneficiary must publish at least one notice in the local press and an advertisement on the Board of the City Council, in which the Ministry of the Interior expressly states, funder of the performance. Notices must be made public once the implementation of the supported action has been completed.

3. If the subsidised work has other sources of funding and the beneficiary is obliged to give publicity under this circumstance, the means of dissemination of the grant awarded by the Ministry of the Interior and its relevance, they must be analogous to the other sources of funding.

Article 21. Justification for the grants.

1. Within a period of not more than two months from the end of the actions supported, the beneficiary institution shall justify the performance of the expenditure in respect of which the aid is granted, for which it shall submit to the body grant the supporting account referred to in Article 72 of Regulation 38/2003 of 17 November, or, in the case of grants of less than EUR 60,000, the simplified account referred to in Article 75.2 of the standard Cited above.

2. The supporting account shall be certified by the Secretary of the Corporation, with the agreement of the Mayor, and shall contain:

(a) A memory of the performance of the performance of the conditions imposed in the grant of the grant, with an indication of the activities carried out and the results obtained.

b) An economic memory supporting the cost of the activities carried out, which will contain a list of the expenditure and investments of the activity, with the contribution of the documents supporting the expenditure, identification of the creditor and date of payment, as well as the existence of other income or aid which has financed the activity. Where no other aid or revenue has been received, a responsible statement shall be provided in which the absence of any other aid or income is indicated.

(c) Photographs to enable the compliance with the measures for the dissemination of public funding of the activity, in the terms laid down in Article 31 of the Law of Development of Law 38/2003, of 17 November.

Article 22. Verification of grants and financial control.

1. The granting authority shall verify the appropriate justification of the grant, as well as the performance of the activity and the fulfilment of the purpose to determine its concession or enjoyment, and may request the Delegation or Subdelegation of the Government corresponding information that is required for these purposes.

2. The financial control over the beneficiaries shall be exercised by the General Intervention of the State Administration, in accordance with the provisions of Title III of Law 38/2003 of 17 November.

Article 23. Responsibility and sanctioning regime.

1. The beneficiaries of the aid provided for in this order will be subject to the responsibilities and the sanctioning regime which, in the case of administrative infringements in the field of grants, provides for Title IV of Law 38/2003 of 17 November.

2. In the event that the beneficiaries fail to comply with the conditions laid down for the grant of the grants, and without prejudice to the responsibilities and the applicable sanctioning regime, the partial or total refund of the grant may be required. grant, taking into account the principle of proportionality and the graduation criteria specified in the following Article.

Article 24. Reimbursement of the grant.

1. The recovery of the sums received shall be recovered, together with the requirement for 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 the cases provided for by the Article 37 of Law 38/2003 of 17 November, in which case the recovery procedure is substantiated in accordance with the provisions of Article 42 of the aforementioned legal standard.

2. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by a performance unequivocally to the satisfaction of its commitments, the amount to be reintegrated will be determined by the application of the following criteria:

a) Force majeure causes that prevent the performance of the activity for which the grant was granted.

b) Degree of compliance with commitments acquired in previous calls or in collaboration agreements between the Ministry of the Interior and the local beneficiary.

First transient disposition. Advertising.

The new wording of Articles 18 and 20 of Law 38/2003 of 17 November, introduced by Law 15/2014 of 16 September, will apply to the grants called and granted from 1 January 2016, Rationalisation of the public sector and other measures of administrative reform.

Single repeal provision. Regulatory repeal.

This rule repeals Order INT/2027/2012 of 21 September approving the regulatory basis for the granting of grants to local entities attached to the Nuclear Emergency Plans, without prejudice to the fact that the continue to apply to the grants awarded under these grants.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.29. of the Constitution, which attributes competence to the State in matters of public security.

Final disposition second. Entry into force.

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

Madrid, March 27, 2015. -Interior Minister Jorge Fernandez Diaz.

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