Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4194
The law 2 / 1985, of 21 of January, on protection Civil, establishes that the action permanent of them powers public is Guide to the study and prevention of them situations of serious risk, catastrophe or calamity public and to the protection and relief of people and goods in them cases in that these situations is produce.
In this area accidents that may originate in the Spanish nuclear power plants in operation or stops while stored spent fuel can cause situations of serious risk, forcing the General Administration of the State, in concurrence with other administrations, to provide the appropriate planning measures. Within these is include them performances preventive referred to in the Plan basic of emergency Nuclear (PLABEN), approved by the Real Decree 1546 / 2004, of 25 of June, modified by the Real Decree 1428 / 2009, of 11 of September, as guideline that contains them standards and criteria essential for the development, implementation and maintenance of the efficiency of them plans of emergency nuclear of protection civil.
Facing nuclear emergency planning is organized in two levels, administratively but complementary in emergency response.
On the one hand, is set them performances in the inside of the central nuclear corresponding to the Plan of emergency inside (PEI), regulated by the regulation on facilities nuclear and radioactive, approved by the Real Decree 1836 / 1999, of 3 of December, and that corresponds conceptually to them obligations of self-protection corporate established with character general in the law 2 / 1985, of 21 of January; on the other, the performances on the outside of the nuclear power plant, corresponding to the level of external response Nuclear emergency plans, regulated by the existing PLABEN.
The level of external response nuclear emergency plans derived from the PLABEN are emergency plans Nuclear foreign nuclear power plants (PEN), which, in turn, include plans of action of the task forces and municipal action (PAMEN) nuclear emergency plans, as well as the Nuclear emergency from the Central level of response and support (PENCRA) Plan.
To establish mechanisms for the implementation effective of them PEN in which is is involved it administration local, is have come performing during them last years investments for the Endowment material of media and resources of different nature, financed directly by the Ministry of the Interior through calls annual of grants. This is not without prejudice to make it necessary to continue to improve the operability achieved and maintain it over time, for which the Ministry of the Interior has prepared a Strategic Plan of subsidies for the period 2015-2017 that will reflect the main lines of action that are intended to carry out in this matter. This Strategic Plan provides compliance with the aforementioned PLABEN, whose jurisdiction corresponds to the General Administration of the State with the help of the remaining public administrations.
As is logical, the serious consequences that is can derive of them accidents in the Central nuclear not known of them limits territorial of them communities autonomous. This circumstance has been put of relief by the Constitutional Court (STC 133/1990, of 19 July) when points out that the emergency situation contemplated by the PLABEN is "concerning nuclear accidents in nuclear installations of power with possible repercussions abroad, which constitutes a case in which the national interest may be affected» «, with a dimension supraautonomica».
Therefore it is clear that it is necessary for the coordination of all public authorities in this area, to provide an answer, either in a role of prevention, which is what pursues the objective of this line of grants.
By what is refers to them grants or aid, the jurisprudence constitutional has supported the legitimacy of the intervention State with them STCs 13 / 1992, of 6 of February, and 16 / 1996, of 1 of February. Indeed, the Constitutional Court understands that "the State has competence in the field of civil protection (article 149.1.29 EC), concurrent with the autonomous communities, on the terms that stated the STC 133/1990, boast which allows, inter alia, mobilizing resources in case of emergency when or if a national interest requires a coordination or national direction of all affected administrations» «, by the scope and dimension of the emergency ".
In this way, the exercise of State powers is fully justified because the Constitution reserves to the State exclusive competence in this matter. For this same reason, grants in this field should be uniform and general for the entire national territory, in order to ensure the same opportunities of obtaining and enjoy by its potential recipients and ensuring, in the same way, the effectiveness of Nuclear emergency plans in cases of accidents that require the provision of means and resources at a level higher than the autonomous.
On the other hand, coordination with local authorities is governed by the provisions of article 10 of Act 7/1985, of 2 April, regulating the Bases of Local Government, while coordination functions may in no case affect the autonomy of local authorities.
Exposed them aspects competence and materials Basic, the application of this line of grant is made by the regime ordinary of concurrency competitive, of conformity with it willing in the article 22.1 of the law 38 / 2003, of 17 of November, General of grants. The competition for the award of grants is the Minister of the Interior, for which it is necessary to previously approve a regulatory basis by this ministerial order, pursuant to article 17 of the aforementioned law 38/2003, of 17 November.
This provision States the object of grant line, as well as beneficiaries to which it is destined, namely, local entities corresponding to the municipalities designated as «municipalities zone I» and those who are «Classification and decontamination stations offices» (ECD) or «Social reception Areas Base» (ABRS) in the pen.
Regulate the eligible actions, the maximum amounts which may be granted per beneficiary, the percentage of funding for certain infrastructures that have already been special attention during previous periods, the procedure and criteria for the evaluation of requests that, in order to guarantee objectively an order of precedence between applications, have been extended in relation to the established in the regulatory basis for the provision of subsidies to related local bodies Nuclear emergency plans implemented during the 2012-2014 period.
Also, regulates the composition of the Evaluation Commission, as a collegiate body, constituted in the General direction of Civil protection and emergency; and is determines that the fertilizer of them grants is held with character prior to the realization of the activity, once the entity beneficiary has justified the award of the corresponding contract. Subsequent to the payment shall be obliged to submit a justificatory account.
In order to ensure transparency in the procedure, the mandatory advertising will be calls for grants through the official publication required by law 38/2003 of 17 November and its regulation of development, approved by the Royal Decree 887/2006, of 21 June. Also guarantees transparency by submitting information to the national database of grants, in accordance with articles 18 and 20 of the law 38/2003 of 17 November, taking into account the amendments made by law 15/2014, 16 September, rationalization of the public sector and other measures of administrative reform.
Finally, establishing the regime of offences and penalties, along with the possibilities of reinstatement of subsidies by the beneficiaries, in the cases provided for in title II of law 38/2003 of 17 November.
By virtue, prior report of the law of the State and the Executive intervention in the Ministry of the Interior, and with the prior approval of the Minister of finance and public administration, have: article 1. Object.
The purpose of this ministerial order is to establish the regulatory basis for the award of grants on a competitive basis, aimed at improving the provision of local authorities including in the relationship of municipalities designated as «municipalities zone I» and headquarters «ECD» or «ABRS» in emergency Nuclear foreign nuclear power plants (PEN) plans, in order to contribute to effective performance forecasts contained in the corresponding Municipal action plans in a Nuclear Emergency (PAMEN).
Article 2. Legal regime.
The legal regime of subsidies provided for in this regulation is constituted by law 38/2003 of 17 November General grants, the regulation of the aforementioned Act, approved by Royal Decree 887/2006, of July 21, and the regulatory bases approved by this ministerial order.
Article 3. Definitions.
The purpose of this ministerial order provisions, it means:
(a) local authority: among all local authorities referred to in article 3 of Act 7/1985, of 2 April, regulating the Bases of the Local regime, only the municipalities.
b) zone I: area of urgent protection measures, which includes the circle of 10 km radius, concentric with the nuclear power station, which includes a zone 0.
(c) ECD: station of classification and decontamination.
(d) ABRS: basis of Social reception Area.
(e) CECOPAL: (PAMEN) operational coordination centre.
Article 4. Beneficiaries.
1 shall benefit from the aid provided for in this provision the local entities included in the list of municipalities designated as «municipalities zone I» and headquarters «ECD» or «ABRS» in the PEN of Santa María de Garoña (Burgos), Almaraz (Caceres), José Cabrera and Trillo (Guadalajara), Asco and Vandellós (Tarragona) and cofrentes (Valencia), with a PAMEN approved by agreement of the competent entity body , prior report of the organ Executive of the PEN, and ratified by the director of the pen.
2. the annual calls may establish a specific line for a certain type of beneficiaries, according to their characteristics and the entity of the roles played in the Nuclear emergency plans.
Article 5. Requirements of the beneficiaries.
1. to obtain the status of beneficiary, local authorities indicated in the preceding article must prove, at the time of submitting the application, which are not falling into any of the circumstances provided for in article 13.2 of law 38/2003 of 17 November.
2. also, them possible beneficiaries not can be bankrupt in any of the circumstances provided for in the article 13.3 of it law 38 / 2003, of 17 of November.
3. this justification may be carried out by judicial testimony, telematic certificates or transmissions of data, in accordance with the regulations governing the use of electronic, computer and telematic techniques by the General Administration of the State or administrative certification, depending on the case, and when the document can not be issued by the competent authority, it may be replaced by a responsible statement issued before an administrative authority or a notary public , in accordance with the established in article 13.7 of the law 38 / 2003, of 17 of November.
Article 6. Eligible actions.
(Without prejudice of that in the respective call annual is specify with greater detail them performances object of grant, will be eligible them following types of projects: to) projects destined to the installation and/or renewal of them systems of communications and notices to the population that can verse affected in case of emergency nuclear, to ensure that is alert to all the population affected of a mode fast and effective.
(b) projects targeting equipment and/or renewal of the CECOPAL, so that they have adequate means to deal with the effects of a nuclear, including computerization of the PAMEN emergency, so as to facilitate the use in emergency management.
(c) projects destined to the acquisition of media for its use by them services municipal, necessary for a management proper of the emergency, according to it established in the corresponding PAMEN.
(d) projects aimed at conditioning of roads (roads, exit and access roads and streets of the own municipalities) that play an important role in development of the activities provided for in the same as specified in the GATPOLINTAN (evacuation of people, warning the population, distribution of tablets for the prophylaxis of the radiologic) so as to enable its proper implementation.
(e) existing projects aimed at improvement and equipment or renovation of the ECD or portable ECD acquisitions, by the municipalities seat of ECD.
(f) material and equipment to facilitate the implementation of programs of prior information of citizens and the theoretical and practical training of the staff of the municipal services that should intervene in the event of a nuclear emergency, as set out in the corresponding PAMEN.
Article 7. Limit and amount of the aid.
1. the maximum amount of aid that may be granted individually to each beneficiary will be 60,000 euros.
2. the amount of aid is determined by comparison of the applications submitted, in order to establish a priority between them in accordance with the criteria set out in article 14 of this order, up to the limit of credit that is designated in the corresponding call to these effects.
3. in the case of projects aimed at preparation of vials, without prejudice to the designated as point 1 maximum amount, the amount of the aid can reach maximum to eighty per cent of the value of the total budget of the project.
4. in no case a subsidy may be granted over the cost of the activity. However, them grants that is granted by the Ministry of the Interior by these concepts will be complementary and compatible with others supports or income from of others entities public or private, until the limit of the cost total of it performance object of grant, leaving forced the beneficiary to communicate to the organ awarding the obtaining of any others income or aid that finance them activities subsidized.
Article 8. Eligible expenditure and use of the property.
1. with regard to the use of the procedure for the award that is mandatory in each case shall apply provisions of the legislation on public procurement.
2. Notwithstanding the provisions of the preceding paragraph, if the amount of the eligible expenditure exceeds the established amount for the corresponding contract under the current regulations on procurement in the public sector, the beneficiary must apply for at least three offers of different suppliers, prior to the contraction of the commitment for the work, the provision of the service or delivery of the goods except by special characteristics there is sufficient market number of entities performing them, provide supply, or unless the expenditure has carried out prior to the grant, circumstances that will be sufficiently proven by the applicant at the time of providing the documents annexed to the application or at the time of accreditation for the award of the contract.
3 eligible actions described in article 6 of this order, the beneficiary will be required to keep the goods acquired in optimum conditions of use and specifically aimed to the object to which it grants, during the 10 years following the time of purchase. In the event that off-road vehicles are acquired, the subscription of an insurance covering the damages of the vehicle during the first five years will be mandatory. Compliance with these requirements will be checked by the respective Government Subdelegations, Civil protection services.
Article 9. Convocation and procedure.
The procedure for the granting of subsidies will begin officially, through call for proposals approved by order of the Minister of the Interior, to develop the procedure as set out in chapter II of title I law 38/2003 of 17 November, and in accordance with the principles of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 10. Competent bodies for the planning, instruction, and resolution of the procedure.
1. the competent body for the instruction of the procedure will be the General Management Sub-Directorate of resources and grants from the General direction of Civil protection and emergency, to which will correspond to the request of many reports it deems necessary to resolve or which are required by the rules governing the grant, as well as the implementation, where appropriate, of the procedure of hearing , in accordance with the provisions of article 84 of the law 30/1992, of 26 November.
2. the competent body for the resolution of the procedure, granting or denying subsidies, is the owner of the Ministry of the Interior, without prejudice that the resolution be adopted, by delegation, by the body that has attributed such faculty according to the amount.
Article 11. Composition and functioning of the Commission's assessment.
1. the Commission's assessment is at the heart of the Directorate General of Civil protection and emergency in the Ministry of the Interior, with the following composition: Presidency: Deputy Director General of management resources and grants from the General direction of Civil protection and emergencies.
Vice President: the Deputy Director General of prevention and planning of the direction General of protection Civil and emergency.
(Vocal: to) the Vocal counsel of Informatics and communications of the direction General of protection Civil and emergency.
(b) the head of Area of management of grants of the direction General of protection Civil and emergency.
(c) the Chief of service of risk Nuclear and radiological of the direction General of protection Civil and emergency.
(d) the head of Area of action operational of the direction General of protection Civil and emergency.
Also, to request of the Presidency of the Commission of valuation, when thus it deems timely, will attend to them meetings of this organ collegiate, in quality of advisors, with voice but without vote, them heads of them units of protection Civil of it administration peripheral of the State in whose headquarters is find a central nuclear u another personal of the address General of protection Civil and emergency.
Secretariat: The grants programs Director of the General direction of Civil protection and emergencies.
2. corresponds to the Commission of valuation the emission of a report in which is concrete the result of the assessment carried out.
3. the Commission's assessment will accommodate its operation to the regime envisaged for the organs members in chapter II of title II of law 30/1992, of 26 November.
Article 12. Call and the deadline for submission of applications.
1 approved the respective call, interested parties will formulate their requests for assistance according to the standard model attached as an annex to this ministerial order, which will be available to applicants on the website of the Directorate General of Civil protection and emergencies, at the address www.proteccioncivil.es.
2 requests, along with the documentation that relates in article 13 of this order, shall be addressed to the holder of the General direction of Civil protection and emergencies, hindquarters to the registry of this organ, located in the Quintilian Street, number 21, Madrid, 28002 zip code, other records and offices that referred to in article 38.4 of law 30/1992 November 26, or electronics based in the Ministry of the Interior, general purpose for submission of written form.
3. the term of presentation of requests will be of 15 days counted starting from the following to the of the publication of the corresponding call in the «Bulletin official of the State».
Article 13. Documentation and correction of errors.
1 a petition should be accompanied by the following documentation: a) explanatory memorandum of action proposed, and which will be subject of grant, which is justified your need and opportunity. In any case, the memory must include a specific section where you specify and support improvements that the realization of the planned actions are going to represent the performance of the functions assigned to the municipal organization in the corresponding PAMEN.
(b) memory standard or, where applicable, budget economic performance cost for requesting the grant.
(c) supporting certification issued by the Secretary of the Corporation stating the PAMEN approval, indicating the dates of approval by the competent body of the entity, pursuant to the Royal Decree 1546 / 2004, of 25 June, which approves the basic Nuclear Emergency Plan.
(d) certification issued by the Secretary of the Corporation about the legal qualification of the person who exercises the functions of Mayor.
e) certification of the agreement of the House Corporation which is given according to the hiring of the actions that will be undertaken in case of obtaining the requested grant.
(f) statement responsible on other aid of character public and private, chosen or perceived by the entity in relation to them same programs, performances or expenses object of application.
(g) justification that the entity is not involved in any of the circumstances provided for in article 13, paragraphs 2 and 3, of the law 38/2003 of 17 November, in accordance with article 5 of this order.
2. in the event that will present a project to the installation or renewal of systems of communications and notices to the population, must be provided, in addition, a report from the competent local technical services proving the compatibility of the project with systems that are integrated or complement.
3. in the event that the proposed project exceeds the maximum amount provided for in the call for each beneficiary, a certification of the auditor of the Corporation, or the xustiza, in his case, detailing that the appropriations entered in the budget for the current period to deal with such over-investment must be presented or , failing that, a formal commitment, issued by the competent authority for approval of the budget amendment that were necessary to allow the execution of the work.
4. in any case, the submission of the grant application will involve the authorization of the applicant to get the awarding body directly, through telematic certificates, the accreditation of compliance with Social Security and tax obligations, in which case the applicant must not submit the corresponding certification. However, the applicant may expressly deny consent at the time of formulating his application, and must then provide supporting certification in the terms provided for in article 22 of the regulation of the law 38/2003, 17 November.
5. to complete the documentation referred to in this article, the General Directorate of Civil Defence and emergencies will require, during the phase of instruction of the procedure, a report of the delegate or representative of the Government, which exercises the direction of the PEN, that proving the adequacy and conformity of the actions foreseen therein, in particular on their suitability for the better performance of the corresponding PAMEN and if out of particular significance for the PEN functionality in its whole, as well as the data referred to in article 14.2 of the order, that are the basis for the assessment of applications.
6. certification of the representative it proving the date of updating and ratification by the director of the PEN, of the municipal action plan.
7. the verification of the existence of data not adjusted to reality, both in the application and in memory or in the documentation provided, may behave according to their importance, the refusal of the requested assistance, without prejudice to the other responsibilities that may arise.
8. If the notice of application does not meet the identification data provided for in article 70 of the law 30/1992, of November 26, as well as documents that are determined in this order, shall be required to the applicant entity within a period of ten days it remedy the lack or attach the required documents, with an indication of which , so do not do so, it shall be withdrawn your request, previous resolution that should be dictated in the terms provided for in article 42 of the same law.
Article 14. General assessment criteria.
1. them requests is valued taking in has the coherence of the action requested in relation to the pen. For this purpose, endpoints referred to in the following paragraph are intended to establish an order of precedence objectively of the applications submitted by potential beneficiaries, taking into account factors such as investments in previous years, the proximity to the nuclear, population density, the number of people registered in the municipality , carried out assessment of the relevance of the project to the functionality of the PEN as a whole and the PAMEN update.
(2. in the corresponding call, attending to them specificities of the object of them grants, is established all or some of them following criteria of valuation: to) investments significant in them last five years previous to the approval of the corresponding call, through contributions made by the Ministry of the Interior in calls of grants or conventions of collaboration with entities local. Is awarded 10 points to that not have had investments in the past five years; 8 points, for which not them have had in the last four years; and so on up to 2 points for which not have investments in the last year earlier.
(b) proximity to the central nuclear of the nucleus of population for which is requested the grant. Those who are within the radius of five kilometers away to the nuclear power station, will be awarded 4 points; and those located in the RADIUS between the five mile and ten, 2 points will be awarded him.
(c) population density determined by the number of inhabitants in relation to the territorial extension of the same, to which they shall refer the right population registered in the municipality, published by the National Institute of statistics. A lower density of population shall be granted higher score, 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.
More than 500 habit/km²: 1 point.
If the population density is not a whole number, shall be rounded up by default if the first decimal place is less than five and by excess when it is equal to or greater than five.
3. in case of concurrency of applicants and of meet all them them requirements enforceable for a resolution favorable, is granted them grants of conformity with the order established by the Commission of valuation, until the limit of the credit budget assigned to the corresponding line of aid. If as a result of a tie in the assessment of applications the resulting credit is not sufficient to cover all of them, those local entities that have fewer inhabitants priority will be given.
Article 15. Processing and resolution.
1 after the deadline for submission of applications, the Evaluation Commission shall to the review and appraisal of the applications submitted, organ instructor making ex officio actions it considers necessary for the determination, knowledge and verification of the data whereby the motion for a resolution should be. It proposed must express it relationship of applicants for which is proposes it award of the grant, and its amount, specifying its evaluation and them criteria of valuation followed for make it, of conformity with it established in the article 24.4 of it law 38 / 2003, of 17 of November.
2 organ instructor moved the proposal from resolution to the Minister of the Interior, or organ having associate award competition, so that within a maximum period of fifteen days it dictate the resolution ultimately must, in any case, be accredited in the procedure the foundations of the resolution adopted, the amount granted and the assessment criteria followed in the determination of the same. The resolution must be notified individually to those interested with expression of them resources that come, organ before which have of present is and term of interposition of them themselves.
3. the resolution, as well as the relationship of applicant who is granted the subsidy, shall contain, where appropriate, contain way expresses, the dismissal of the rest of applications, either by withdrawal, renounces the right or sudden material impossibility. Also, must include a relationship of all them requests by order decreasing of score, to them effects of that, in case of have is lining the amount maximum of the credit set in each call, can reassign is new grants in case of resigns of any of them beneficiaries, with them effects expected in the article 63.3 of the regulation of the law 38 / 2003 , 17 November.
4. the amount total of them aid granted not may be upper to the credit recorded and available in the application budget of the budget General of expenses of the State for the corresponding exercise economic, that is will determine in the corresponding call.
5. the deadline for reporting the resolution will be of six months counting from the day following the publication of the corresponding call, except that it postpone its effects at a later date. The maximum deadline unless notified the resolution legitimises stakeholders to understand the application for award of the grant, in accordance with the provisions of article 25.5 of the law 38/2003 of 17 November rejected by administrative silence.
6. the resolution dictated will put end to it via administrative, by what them interested may resort in via contentious, without prejudice of it Faculty of make use of the requirement prior to makes reference the article 44.1 of the law 29 / 1998, of 13 of July, regulatory of the jurisdiction administrative.
Article 16. Publicity of the subsidies.
1. the relationship of grants granted will be object of publication in the «newsletter official of the State», of conformity with it established by the article 30 of the regulation of development of it law 38 / 2003, of 17 of November, without prejudice of them measures of broadcasting that must adopt the beneficiary of the grant for give it adequate advertising to the character public of the funding of the investment.
2. Likewise, the General direction of Civil protection and emergency will facilitate national database of grants information grants managed, in the terms laid down in articles 18 and 20 of law 38/2003, of 17 November, as well as in articles 35 to 41 of the regulations implementing the Act.
Article 17. Obligations of the entities beneficiary.
Beneficiaries shall comply with the obligations listed in article 14.1 of the law 38/2003 of 17 November, especially with regard to the realization of the subsidised activity, the mandatory measures of broadcasting, the justification of compliance with the requirements and conditions and submission to performances by checking.
Article 18. Modification of resolution.
It resolution final of the call may be modified in any moment, when is had altered them conditions for the obtaining of the grant or is had retrieved concurrently others contributions for them same purposes.
Article 19. Payment of the grant.
1 until there is recognition of the obligation and the payment proposal, recipient institutions must be familiar in the fulfillment of tax obligations and against Social Security and must declare explicitly that they are not indebted by resolution of source of reimbursement of subsidies of any public authorities, in accordance with the provisions of article 13.2. g) of law 38/2003 , 17 November.
2 considering that pre-financing is needed so that the beneficiary can carry out actions inherent to the grant, the payment will be made on a prospective basis, once the beneficiary credit documentary award of the respective performance by ranked bank transfer to the account given of high by the entity in the file Central third of the Secretary General of Treasury and financial policy.
3. for the purposes of the advance payment, the beneficiary local authorities of subsidies provided for in this order are exempt from the obligation to provide guarantees, in its condition of public administrations.
4 they shall be borne by the beneficiary the newsrooms of projects and possible expropriation costs as well as increases caused by modifications of contracts arising subsequent to the award, as well as possible settlements.
Article 20. Realization of the activity and measures of broadcasting.
1. the action for which the grant is awarded shall be conducted until its completion within a maximum period of six months from the notification of the award decision to the person concerned. However, the awarding body may agree an extension for an additional period of up to six months, to appreciate when causes that prevent the attainment in the subsidized activity period.
2 a effects of understanding the obligation of giving publicity to the subsidy granted, dissemination measures to be adopted by the beneficiaries and the timing of advertising depend on the type of project funded: a) in the case of a public works projects, the beneficiary should be placed in a clearly visible location poster that identifies the Ministry of the Interior as a financier of the performance. He model of poster is available in the web page of the address General of protection Civil and emergency, in the section «aid and grants». The poster must be exposed during all the period of execution of the work.
(b) for projects different of work public, the beneficiary must publish at least one ad in the press local and an ad in the plank of the Town Hall in which record expressly the Ministry of the Interior as sponsor of the performance. Them ads must do is public a time has completed the execution of the action subsidised.
3 If the subsidized work enjoyed other sources of funding and the beneficiary to come obliged to publicize this circumstance, media of the subsidy granted by the Ministry of the Interior, as well as its relevance, must be similar with respect to other sources of funding.
Article 21. Justification of subsidies.
1. within a period not exceeding two months from the completion of the subsidised actions, the beneficiary must justify the expenditure for which financing is granted the aid, whose purposes shall provide to the awarding body the justificatory account referred to in article 72 of the regulation of the law 38/2003, 17 November , or, in the case of grants less than 60,000 euros, simplified account referred to in article 75.2 of the aforementioned regulatory standard.
2 justification account must be certified by the Secretary of the Corporation, with the agreement of the Mayor, and shall contain: a) a memory of affirmative action of the fulfilment of the conditions imposed in the granting of the subsidy, with indication of the activities carried out and the results obtained.
(b) a memory economic justification of the cost of them activities made, that will contain a relationship of them expenses e investments of it activity, with contribution of them documents supporting of the expenditure, identification of the creditor and date of payment, as well as the existence of others income or aid that have funded it activity. In the case that have not received income or other aid, you must be provided a responsible statement that is point to the absence of perception of income or other assistance.
(c) photographs that allow evidence compliance with measures for the dissemination of public financing of the activity, in the terms established in article 31 of the rules of development of law 38/2003 of 17 November.
Article 22. Checking of the subsidies and control financial.
1. the awarding body will check the proper justification for the subsidy, as well as the performance of the activity and the fulfillment of the purpose that determine your concession or enjoy, and may request delegation or sub-delegation of the corresponding government information that is necessary for these purposes.
2. the control financial with regard to them beneficiaries it shall exercise the intervention General of the administration of the State, of conformity with it established in the title III of the law 38 / 2003, of 17 of November.
Article 23. Liability and penalties.
1. them beneficiaries of the aid planned in this order will be subject to them responsibilities and to the regime sanctioning that on violations administrative in matter of grants sets the title IV of the law 38 / 2003, of 17 of November.
2. in the event that beneficiaries comply with the conditions imposed on the occasion of the granting of subsidies, and without prejudice to the responsibilities and the applicable penalties, they may require the partial or total refund of grant according to the principle of proportionality and with the criteria for graduation that are specified in the following article.
Article 24. Returned from the grant.
1 the reinstatement of the perceived amounts, together with the requirement of the interest on arrears corresponding from the moment of the payment of the grant to date the origin you remember of the reinstatement, in the cases contemplated in article shall be 37 of law 38/2003 of 17 November, progress in such a case the procedure of refund pursuant to the provisions of article 42 of the above-mentioned legal norm.
2 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, to reinstate quantity will be determined by the application of the following criteria: a) reasons of force majeure preventing the realization of the activity for which the grant was awarded.
(b) degree of compliance with commitments entered into in previous years or in agreements of collaboration between the Ministry of the Interior and the local beneficiary.
First transitional provision. Advertising.
To them grants convened and granted starting from the 1 of January of 2016 them will be of application the new drafting of them articles 18 and 20 of the law 38 / 2003, of 17 of November, introduced by the law 15 / 2014, of 16 of September, of rationalization of the sector public and other measures of reform administrative.
Provision repealing only. Repeal legislation.
This standard supersedes order INT/2027/2012, of 21 September, which approve the regulatory basis for the provision of subsidies to local authorities assigned to Nuclear emergency plans, without prejudice to continuing implementation of subsidies granted under the protection of the same.
First final provision. Skill-related title.
This order is issued under cover of the provisions of article 149.1.29. ª of the Constitution, which attributes to the State competition in public security.
Second final provision. Entry in force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 27 March 2015.-the Minister of the Interior, Jorge Fernández Díaz.
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