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It Constitution Spanish, in its article 51, sets that them powers public shall ensure the defense of them consumers and users, protecting, through procedures effective, it security, it health and them legitimate interests economic of them same, will promote the information and it education of them consumers and users, will encourage their organizations and will hear to these in them issues that can affect to those , in the terms that the law establishes.
Is devotes so, as principle guiding of the political social and economic, the duty of them powers public of encourage the associations of consumers and users. In these terms, article 37.2 of the consolidated text of the General Law for the defence of consumers and users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, enshrines the right of associations of consumers and users, to receive aid and public subsidies, in the legal terms and regulations are established.
This mandate constitutional, singular having no equivalent in relation to other types of associations, is required by the need for market consumer organizations strong, with wide social implementation and with highly qualified staff, enabling them to perform the social function they have attributed, representation and defence of the general interests of consumers and users , and the task of rebalancing the position of inferiority in which consumers find themselves.
Accordingly, the promotion of these organizations can not be limited to the provision of financial support for the implementation of specific programmes, but that requires it to contribute economically to strengthen them, ensuring that they have consolidated enough structures to enable them to perform effectively the functions of representation, both as partners and, above all, the general interests of consumers and users , and develop active policies that allow that their interests are taken into account by enterprises and business organisations, public authorities and the social media, in its representation.
The uniqueness of the associations of consumers, facing another type of organizations social, is recognizes in the own law organic 1 / 2002, of 22 of March, regulatory of the right of Association.
The consolidated text of the General Law for the defence of consumers and users and other complementary laws, contains in its title II regulation of the associations of consumers and users, establishing a strict legal regime dealing preserve its independence for the sake of a better protection of the general interests of consumers and users.
In this sense, the text normative articulates, of a part, all a series of prohibitions related with them sources of financing of them associations as well as of their possible relations with people physical or legal and, of another part, the transparency through the obligation of deposit of them conventions or agreements of collaboration signed and of their accounts annual formulated and approved according to the normative applicable.
Thus, the law prohibits these organizations that they receive financial support of companies or groups of companies, and imposes additional transparency obligations for the perception of any type of financial aid, even for non-profit organizations.
Them restrictions imposed legally for the catchment of resources reinforces the requirement of that them powers public should contribute to the financing of the activity general of them associations of consumers and users in representation and defense of these.
In this context, it corresponds to the Ministry of health, social services and equality through the Spanish Consumer Agency, food safety and nutrition, in the scope of the General Administration of the State, the design and implementation of subsidies that contribute to the achievement of the objectives exposed.
By this, in this standard is expected to allocate a maximum of the 50 by 100 of them resources public destined to aid and grants to it funding of it activity general developed by them organizations of consumers and users of field State more representative, in the exercise of their functions of representation and defense of them interests General of them consumers and users active in order to ensure their participation in the various colleges, agencies or entities, public or private, State or supranational, which need to be represented such general interests; to ensure that they can continue developing its functions of information and advice for consumers and users and applying, where appropriate, actions in defense of the General, collective and diffuse interests, consumers and users to which they are entitled; in order to promote their participation in the extrajudicial mechanisms for resolving conflicts with consumers and to enable them to perform, in short, the social function they have legally entrusted.
Is makes precise, also, the support economic to the realization of programs specific whose purpose is develop performances concrete of information, defense and protection of the health, the security and them rights and legitimate interests economic of them consumers and users, to the object of complement it political of protection of them consumers in those areas concrete in which the evolution of the market requires interventions concrete. A minimum of 50 per 100 of the budget appropriations for the financing of such specific programmes is intended, as a result.
Aware that organizations that lack the character of more representative they contribute, also effectively to the protection of consumers and users through the development of rigorous specific programs, the rule allows attendance at these programs of all State-level organisations registered in the State Register of associations of consumers.
He Real Decree 19 / 2014, of 17 of January, by which is shall merged them agencies autonomous Institute national of the consumption and the Agency Spanish of security food and nutrition in a new body autonomous called agency Spanish of consumption, security food and nutrition and approves its Statute, makes necessary the adaptation of the order SSI / 949 / 2013, of 27 of mayo which lays down the regulatory bases of the granting of subsidies to associations of consumers and users of State level, aimed at promoting consumer associations and activities of information, defence and protection of the rights of consumers to the new organizational structure of the Spanish Consumer Agency, food safety and nutrition. You must also take advantage the procedure to make the necessary adjustments in the legal regulation to reality and circumstances objective of the associative movement of consumption.
This order is dictates of conformity with it ready in the article 17 of the law 38 / 2003, of 17 of November, General of grants.
In the processing of this provision have issued mandatory report, the advocacy of the State Department and the intervention delegate of the intervention General of the administration of the State in the Spanish Consumer Agency, food safety and nutrition.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object, procedure and purpose of the subsidies.
1. this order establishes the regulatory bases of the subsidies to the Spanish Consumer Agency, food safety and nutrition grants to associations and consumer cooperatives and State-level users.
2 these subsidies will aim: to) the promotion of associations of consumers and State-level users who legally have the status of more representative, in order to ensure the exercise of the functions of institutional representation and defence of the general interests of consumers and users, through collaboration in its maintenance and regular operation.
(b) the specific programmes developed by the State-level organizations which have as their purpose the implementation of concrete actions of information, defence and protection of the rights and legitimate interests of consumers and users.
Successive calls for subsidies will set the priorities of the specific programmes to subsidize.
3. the procedure for granting of subsidies will be processed in regime of competitive concurrency, in accordance with articles 22.1 and 23.2 of law 38/2003 of 17 November, General grant.
Article 2. Financial resources and distribution of budget appropriations.
1. whenever there is budget availability, the Spanish Consumer Agency, food security and nutrition will be an annual announcement of grants charged to the corresponding budget item of the General State budget.
2 projects, programs or activities will be implemented in the financial year of its grant, this irrespective of the provisions of article 18 of these rules in relation to justification.
3 the budgetary appropriations provided in each fiscal year shall be distributed as follows: to) up to a maximum of 50 per 100 of the total amount of the credit will be used for the financing of the programmes provided for in article 1.2. to).
((b) as a minimum a 50 by 100 of the total amount of the credit will go to the implementation of specific programmes provided for in article 1.2. b).
4 person owner of address Executive of the Spanish Agency of consumption, food safety and nutrition may agree that the budget allocation to finance the programmes provided for in article 1.2. b), in the event that the assigned credit had not exhausted between concurrent to this mode organizations, is intended for development programmes (, foreseen in the article 1.2. to) of this order.
5 the amount of the subsidy for each of the programs individually considered, irrespective of which belong to the paragraph a) or paragraph b) of article 1(2) shall not exceed 80% of the cost of such a program.
Article 3. Beneficiaries.
1. in accordance with the provisions of article 11 of law 38/2003 of 17 November, they may be beneficiaries of subsidies regulated by this order, associations, federations, confederations, unions and consumers and users of State-level cooperatives registered in the State Register of associations of consumers, which if not none of the preventive circumstances provided for in article 13 of law 38/2003 , of 17 of November.
2 subsidies provided for in article 1.2. to) can be beneficiary associations which in addition to meeting the requirements in the preceding paragraph are more representative, as provided for in paragraph 1 of article 38 of the Royal Decree 1/2007 of 16 November, which approves the revised text of the General Law for the defence of consumers and users and other complementary laws , and their rules regulations of development.
En_tanto not proceed to regulatory development under article 33.2 of the revised text of the General Law for the defence of consumers and users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, shall apply to the beneficiary entities as follows: to) prove a minimum of 10,000 individual members.
(b) having implantation territorial in at least five communities autonomous.
(c) have representation in the organs of inquiry and institutional representation of the associations of consumers and users of the regional or State level.
(d) associations or cooperatives of consumers and users who attend the subsidies will be required to collaborate during the grant procedure, providing information and documentation requested them by the Spanish Consumer Agency, food security and nutrition, as well as the fulfilment of the obligations listed in article 14 of the law 38/2003 , of 17 of November.
3 the accreditation of the requirements will be carried out in the following way: to) certification issued by the legal representative of the applicant of the number of individual partners body accompanied by testimony issued by notary public or public official with ability to give public faith or any other mechanism that allow to obtain certainty of the amount of certified partners.
(b) territorial implementation, through the certification of the legal representative of the institution indicating the distribution of its partners and delegations or offices, according to the autonomous communities and provinces, pointing the direction of those, phone number, email address, where appropriate, and the schedule of attention to the consumers and users.
(c) certification of them responsible of them different tips of consumers u organs equivalent existing in the communities autonomous and corporations local in which have presence it Association or the organizations integrated in she.
Article 4. Call.
1. by resolution of the person holder of the address Executive of the Agency Spanish of consumption, security food and nutrition is will proceed to the call annual of grants that must adjust is to it planned in the article 23 of the law 38 / 2003, of 17 of November.
2. the successive calls will determine the budget appropriations which must be charged corresponding subsidies and contain the priority actions to finance, requirements and requirements, being able to determine maximum subsidies bumpers to grant depending on the nature and characteristics of the actions to be carried out as well as applicant entities.
Article 5. Form and term of submission of applications.
1. once published the call, applicants who wish to apply for the grant shall submit an application in the standard model contained in the resolution's call, along with the rest of the required documentation on it, in the Register General of the Spanish Consumer Agency, food safety and nutrition, calle Principe de Vergara, 54, 28071 Madrid, or in any of the places set out in article 38.4 of law 30/1992 , of 26 of November, of regime legal of the administrations public and of the procedure administrative common.
Likewise, interested parties may submit the request in the terms provided in law 11/2007, of 22 June, of electronic access of citizens to public services.
2. the term of presentation of requests will be which determine the corresponding call, which not can exceed of a month from the day next to the of your publication in the «Bulletin official of the State».
3. in call for proposals is may accept the substitution of certain documents by a statement of responsibility of the applicant in those cases in which the excessive volume of documentation requested, the difficulty of obtaining or other similar reasons, is justified. Such possibility not will reach to the presentation of the documentation supporting of the requirements established for get it condition of beneficiaries.
In this so-called, the organ instructor, with prior to make it proposed of resolution of concession of it grant, must require the presentation of the documentation that accredits it reality of them data contained in it cited statement in a term not upper to ten days.
Article 6. Statement of the procedure.
1. it Subdirectorate General of arbitration and rights of the consumer of it agency Spanish of consumption, security food and nutrition will be it competent for the instruction of the procedure, in them terms expected in the article 24 of the law 38 / 2003, 17 of November, can perform of trade few performances deems necessary for it determination, knowledge and checking of them data under which must formulate is it proposed of resolution.
2. is establishes a phase of pre-assessment in which is will verify the compliance of the conditions imposed to acquire the condition of beneficiary. In any case, this phase shall only affect those requirements whose attendance does not require any valuation.
Article 7. Evaluation of applications and award proposal.
1 for the evaluation of requests shall be a valuation Committee, attached to the Spanish Consumer Agency, food safety and nutrition and integrated by the following members: to) President: incumbent person of the General Sub-Directorate of coordination, quality and cooperation in consumption of the Spanish Agency of consumption, food safety and nutrition.
(b) vocal: the person of the head of the Subdirectorate-General for arbitration and consumer rights, an official of the Secretariat General of the Spanish Consumer Agency, food safety and nutrition level not lower than head of Department and a representative of the advocacy of the State Department.
(c) Secretary: an official from the Area of associationism of the General Sub-Directorate of arbitration and consumer rights, who will work with voice but without vote.
2. in matters not provided for expressly in these conditions, the operation of the Commission's assessment shall be governed by the provisions of chapter II of title II of law 30/1992, of 26 November.
3. the Commission's assessment, after the examination of the applications submitted, will issue a report in which the result of the evaluation, is concrete expressing the relationship of applicant entities for which proposes the grant of subsidy, the amount and financed projects.
4. the organ instructor, in view of the record and of the report of the College, will formulate provisional, duly motivated resolution which must be notified to those interested in the way that set the call and within ten days shall be granted to submit allegations and reformulation of applications in your case, if so decided by the Commission's assessment , pursuant to article 27 of law 38/2003 of 17 November.
You can dispense with the procedure of hearing, when they do not appear in the procedure or are taken into account other facts and other allegations and evidence that the adduced by interested parties. In this case, the proposal of resolution formulated will have the character of definitive.
5. examined them allegations presented, is will formulate it proposed of resolution final, that must contain the applicant or relationship of applicants for which is proposes the concession of grants, as well as it claims, specifying its evaluation and them criteria of valuation followed for the distribution of them funds.
6. the proposal for a final decision will be notified institutions that have been proposed as beneficiaries in the phase of instruction, so that within the period of ten days from the notification of the same, they communicate their acceptance.
7. not will be necessary that the report of the Commission of valuation to is refers the paragraph 3, contains an order of priority between them requests presented that meet them requirements established, when the credit budget recorded in it call out enough to attend to all them.
Article 8. Resolution.
1. it resolution of award or denial of them grants chosen will correspond, prior control of the record, to the person holder of it address Executive of it agency Spanish of consumption, security food and nutrition, must of be motivated, will make allusion to them criteria of valuation of them requests, will determine them beneficiaries and the amount of it helps, e will indicate the regime of resources that appropriate. The resolution will contain a widespread rejection of the rest of applications.
2. the resolution is dictate and notify to each one of them beneficiaries in the term maximum of six months. The term shall be calculated from the publication of the corresponding call, according to the provisions of articles 25.4 and 26 of law 38/2003 of 17 November. Exceptionally, it may agree is an enlargement of the referred deadline of resolution and notification, in the terms and with the limitations laid down in article 42.6 of the law 30/1992, of November 26, communicating that agreement to the applicant entities.
3. the resolution shall be notified interested parties pursuant to articles 58 and 59 of the law 30/1992, of November 26 and will be published in the «Official Gazette», in accordance with article 30 of the regulation of the General Law of subsidies, approved by Royal Decree 887/2006, of 21 July.
The proposed of resolution provisional and definitive not create right some in favor of the beneficiary, while not is has notified the resolution of concession.
4. the budgets of programs, activities, or actions to be developed by the beneficiary, in accordance with the resolution, will be binding under the terms provided in paragraphs 3 and 4 of article 17 of this order.
5. the granting of a subsidy on the basis of this order does not entail any obligation on the part of the Spanish Consumer Agency, food safety and nutrition to award grants in the following financial periods for similar programs.
6. the expiration of the term maximum without have is notified it resolution legitimate to them interested to understand rejected by silence administrative the request of grant of grant.
7. facing decisions rendered by the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition appeal can be brought before who holds the Presidency of the aforementioned agency within the period of one month starting from the day following its publication, in accordance with the provisions of law 30/1992 , of 26 of November, and in the Statute of the Agency Spanish of consumption, safety food and nutrition approved by Royal Decree 19 / 2014, of 17 of January.
Article 9. Advertising of the grant by the grantee.
1. the regime of advertising of the grants awarded will be the established in the article 18 of the law 38 / 2003, of 17 of November.
(2. the beneficiaries of the grant are obliged to reflect in the demonstrations graphic of all projects, programmes and activities supported by the Spanish Consumer Agency, food safety and nutrition, in relation to article 1(2). b), the indication that "this project has been funded by the Ministry of health, social services and Equality Agency Spanish consumer, food safety and nutrition being the sole responsibility of the beneficiary organization content.»
Article 10. Criteria objectives for the granting of the subsidies.
1 the grant applications will be assessed according to the following objective criteria: to) schedule of opening and staffing of the Head Office for the attention to the public, up to a maximum of 20 points, distributed in the following way: 1 opening hours, computed in hours per week, up to 10 points.
2nd staffing, no. workers in customer service that is available to the entity, up to 10 points.
(b) presence on bodies of representation and consultation of users, national and regional level, up to a maximum of 7.5 points.
(c) participation in the Arbitral consumption system, up to a maximum of 7.5 points.
(d) exercise of judicial actions in defense of the interests of consumers and users in the preceding year, accompanying the order of admission, up to a maximum of 15 points.
(e) volume of inquiries and consumer complaints managed by the competent authority in the previous year, up to a maximum of 7.5 points.
(f) greater contribution of the Organization to the financing of the programme for which prompted grant, up to a maximum of 15 points.
(g) implementation of joint projects between two or more organizations of consumers, scored up to a maximum of 15 points.
(h) collaboration with other government agencies and institutions of the public sector in the implementation of the programme not involving cash contribution by those, up to a maximum of 12.5 points.
2. for the determination of them scores, for each one of them criteria of valuation, is grant it score maximum to that entity concurrent that accredits higher number of merits, distributing is the rest of the score of form proportional.
Article 11. Eligible expenditure.
1. of conformity with the article 31 of the law 38 / 2003, of 17 of November, are considered expenses eligible them effectively made and paid until the 31 of December of the exercise that corresponds.
Without limiting the foregoing and pursuant to its special characteristics, costs in terms of tax on physical persons income and social insurance for the month of December, are considered eligible but not made effective in the exercise which is financed.
2 in programmes of associations of consumers and users referred to in article 1(2). to) will finance the costs of maintenance and regular operation of the requesting entity during the budget year relating a: to) headquarters and its corresponding cannons leases (count 621).
(b) repair and maintenance of the headquarters (count 622).
(c) supplies of the headquarters (count 628).
(d) other services (Bill 629). May impute is to this has them fees paid to organizations international dedicated to the protection of the consumers.
e) wages and salaries of the staff of the Organization (account 640), including the costs of Social Security in charge of the entity (account 642).
Only failing is in the eligible expenses of the Organization's staff, that which is occupationally hired by the beneficiary entity with at least six-month duration within each financial year concerned and discharged in Social Security.
From staff remuneration attributable to the grant shall be limited by the amounts to be determined in the resolution's call for each exercise.
(3. in them programs specific intended in the article 1.2. b), is financed them expenses directly linked to the execution of the program subsidized whenever comply with it willing in the paragraph 1 of this article.
Them expenses defendants in concept of remuneration of the personal (has 640) are limited in the amounts that for each exercise is determined by the resolution of call.
4 only is financed from these specific programmes article 1.2. b) General operating expenses charged by direct execution of such programs in those organizations that are not fulfilled aid provided for in article 1.2. to).
(5. those costs incurred in diets and travel expenses only in relation to the performances of the cited article 1.2. b) of this order may be grant, as a maximum, at the amounts fixed by Royal Decree 462/2002 of 24 may, on compensation for Group 2 by reason of service.
The justification thereof shall be in the form that provides for the call.
6. external costs can be financed in cases and under the conditions determined in article 29 of law 38/2003 of 17 November.
In no event will finance costs external to the Organization in the cases envisaged in the seventh paragraph of article 29 of law 38/2003 of 17 November, and in paragraph 2 of article 68 of the regulation of the General Law of subsidies, or may be higher than the market value.
Article 12. Modification of resolution.
1. any alteration of the conditions taken into account for the granting of the subsidy and the concurrent obtaining of subsidies granted by other public administrations or entities public or private national, EU or international bodies, may give rise to the amendment of the resolution of granting, in accordance with the provisions of article 19.4 of the law 38/2003 in article 64 of the regulation of the General Law of grants and 17 November.
2. of the same form, if during the execution of it activity or of the program subsidized is produced variation not planned of them circumstances, must be communicated with it greater as soon as to the organ instructor and, in all case, with it enough advance to it completion of the execution of the program, so values if exists or not alteration of them circumstances dyed in has in it resolution.
3. in the above-mentioned communication shall be entered, with maximum detail: the changes in budget allocations; how they affect such alterations the initially planned activities in the programme, as well as to what extent they affect weekends who are initially thought to meet the subsidized program.
4. According to the content of this communication and it documentation complementary that, in your case, request the Commission of valuation, this shall draw up the proposed of resolution on the modification alleged, that is rise to it person holder of it address Executive of it agency Spanish of consumption, security food and nutrition.
5. in the event that the authorization agreed by the titular person of address Executive of the Spanish Agency of consumption, food safety and nutrition modification, grant means granted on conditions that are included in the new resolution.
6 after the established deadline unless it has been issued and notified resolution expresses, estimated means the application, in accordance with article 42.3 and 43.2 of the law 30/1992, of 26 November, and without prejudice to the obligation of decision expresses confirmatory.
7. when it modification affects to it execution of the program subsidized without affect to them conditions and requirements dyed in has in it award, the analysis and authorization, in its case, will correspond to the organ instructor, can collect it information and documentation of the applicant required on the modification proposed.
Article 13. Compatibility with other subsidies.
1. the grant granted by other administrations public or entities public or private national, of the Union European or of agencies international, will be compatible with which regulates this order, whenever together not exceed the 100 by 100 of the total of the cost of the activity subsidized. Where it exceeds 100 per 100, one must lower the subsidy granted by the Spanish Consumer Agency, food safety and nutrition.
2. the applicant must declare them aid that has retrieved or requested for the same action, both to the start is the pending as in any time in that is notified the concession of such helps or grant, and will accept them any reductions applicable for the compliance of it established in the paragraph previous.
Article 14. Outsourcing and external execution of the funded activity.
(1. the beneficiary may subcontract, prior authorization of the organ awarding, to a percentage that not exceed of the 25 by 100 of the cost of them projects subsidized (included the tax on the value added), regulated in the article 1.2. b), adding the prices of all them subcontracts of each program.
2. without prejudice to the provisions of article 29.3 of law 38/2003 of 17 November, outsourced services exceeding the amount fixed by the resolution's call will require the presentation of three detailed bids, unless by special characteristics of the service do not exist in the market sufficient number of entities that provide it , must opt is by it offer that offer a best relationship quality / price and, finally, is formalised a contract, whenever the amount of it activity exceed of the amount that set it resolution of call or, when without exceed of this amount, the organ instructor understand that is required the formalization by written of it recruitment and it communicate to the entity beneficiary in it award.
3. in this matter, as provided for in article 29.4 of the law 38/2003 of 17 November, fractionation of contracts or activities is forbidden to perform in order to evade compliance with the provisions of this article.
4. to them effects of this standard, is means by execution external it responsible by the entity beneficiary when this lacks of media own to the development of the activity if same, and must respect in all case it willing in the paragraph 2 of this article.
Article 15. Payment of grants.
1. the payment of the subsidy granted will be made by bank transfer in a single payment, meeting mandatory inspection procedures.
2. not can perform is the payment of the grant as the beneficiary not is halle to the current in the compliance of its obligations tax and facing it security Social or debtor by resolution of returned.
Article 16. Liability and penalties.
Them entities beneficiary are subject to the liability and regime sanctioning that on infractions and sanctions administrative in matter of grants sets the title IV of the law General of grants, and it established in the title IV of the regulation of the law General of grants.
Article 17. Justification of the grant.
1. the beneficiary shall yield justification, to the Spanish Consumer Agency, food safety and nutrition, the fulfilment of the conditions imposed, the achievement of the objectives of the grant and the effective realization of the expenses in the period to be determined by the resolution's call.
2 If the expired the justification, the entity had not submitted documents, subject to request for their contribution in the non-extendable term of fifteen days that determines the article 70.3 of the regulation of the General Law of subsidies. If you do not meet this requirement, the justification, means unfulfilled with the consequences provided for in article 37 of law 38/2003 of 17 November.
3. the budget of the programmes will have binding character, both in the amount and in its structure, and in the amounts allocated in the (three digits) accounts for each posting group in the detail with which appear on requests by the beneficiaries, without prejudice that may suffer deviations in an amount of up to 10 per 100, and can offset these deviations between them respecting the indicated limit in any case.
4. If the total expenditure actually realized in the development of each program would be less than the subsidy granted, this will be reduced, not grant may exceed the expenditure carried out by what, if any, the difference is refunded to the Treasury. Conversely, if the expenditure of the programme exceeds the subsidy granted, costs exceeding budget will not be Computable for purposes of the subsidy.
5 supporting each of the subsidized programmes account will contain, in General, as provided for in article 72 of the regulation of the General Law of subsidies, the following documentation: a) a memory of supporting performance of the fulfilment of the conditions imposed on the grant of the subsidy, in electronic format, with an indication of the activities carried out and the results obtained as well as other aspects that determine the resolution's call.
b) a economic report justifying the cost of the activities, which will contain: 1 the summary of expenses, in accordance with the model that is adopted in the resolution of announcement.
2nd a relationship that is classified in the order laid down in the resolution's call for the costs of the activity, with identification of the creditor and of the document, its amount, date of issue and date of payment. Indicate, in addition, deviations occurred over the budget approved in the resolution of granting or amendments.
3rd invoices or documents of equivalent probative value in legal commercial traffic that must comply with Royal Decree 1619 / 2012, on 30 November, which approves the regulation by which regulate billing obligations, or other embedded documents with administrative efficiency in the relationship referred to in the preceding paragraph and , where appropriate, supporting documentation of the payment.
Documentation justifying costs incurred will be presented by each of the programmes subsidized, providing two volumes: one containing bills or original receipts, numbered and sorted by each subgroup and account accounting budget and independent for each funded project, which, once verified, will be returned to the entity, prior stamping a seal that becomes a record that it has been subsidized by the Spanish Consumer Agency Food security and nutrition, and another, containing copy or photocopy of previous invoices or supporting documents, with identical order and numbering.
4th a detailed list of other income or grants that have funded activity with indication of the amount and its origin.
5th three budgets and, where appropriate, the contract, pursuant to the provisions of article 14.2 of these bases.
6 in its case, the letter of payment of returned in the so-called of remaining not applied as well as of them interest derivatives of them themselves.
7th the additional requirements in the successive calls.
Article 18. Reinstatement and graduation of breaches of conditions imposed.
1 will be the reinstatement of perceived quantities and the demand of the interest on arrears calculated according to article 38 of law 38/2003 of 17 November, from the moment of the payment of the grant to date the origin you remember of the reinstatement, in the following cases: to) obtaining the grant faking the required conditions for this and hiding those that would have prevented it.
(b) total or partial breach of the aim or activity that are basic to the grant of the subsidy.
(c) breach of the obligation of the justification or justification insufficient, in the terms established in this order and in the article 30 of the law 38 / 2003, of 17 of November.
(d) breach of the obligations imposed to them beneficiaries on the occasion of the award of the grant, of conformity with the article 18 of the law 38 / 2003, of 17 of November.
((e) resistance, excuse, obstruction or refusal of the beneficiary to the actions of physical and financial control laid down in articles 14 and 15 of law 38/2003 of 17 November, as well as breach of obligations accounting, registration, or conservation of documents, within the meaning established in article 37.1. e) of law 38/2003 of 17 November.
(f) in the others alleged planned in the law 38 / 2003, of 17 of November that result of application.
2. the procedure for reinstatement shall conform to the provisions of chapter II of title II of law 38/2003, 17 November, and in the title III of the regulation of the General Law of grants.
3. is means that the compliance from the beneficiary is approaching of mode significant to the compliance total when them amounts to justify that is find in any of them alleged of the paragraph 1 of this article, not exceed of 1,000 euros or of the 0.75% of the cost of the program and can accredit is a performance of the beneficiary unequivocally aimed to the satisfaction of them commitments acquired.
4. when occurs the voluntary return, will be calculated the interests of delay as foreseen in article 38 of the law 38/2003, 17 November and so far occurred effective repayment by the beneficiary.
Article 19. Control.
For a suitable control of the expenditure public, the beneficiary of the grant will be subject to them performances of checking to make by the body awarding, and to them of control financial that correspond to it intervention General of the Administration General of the State, in relation to them grants and aid granted, as well as, to them performances of checking planned in it legislation of the Court of accounts.
The financial control and revision of acts arising from the application of this order shall be subject to the provisions of law 38/2003 of 17 November.
Also, the breach from them entities awarding of them conditions of granting of the grant constitutes a violation administrative in them so-called regulated in the chapter I of the title IV of the law 38 / 2003, of 17 of November.
Article 20. Legal regime.
For all those ends not foreseen in this order shall apply the law 38/2003 of 17 November, General grants, and the regulation of the General Law of subsidies, approved by Royal Decree 887/2006, of July 21, and Additionally the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and any other regulatory provision which, by its nature, might result from application.
First additional provision. Advertising of the call.
From 1 January 2016, calls handed down shall be advertising through the database of grants, which through a summary of the call for proposals will be published in the «Official Gazette» national.
Provision additional second. No increase in public spending.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
Sole repeal provision. Repeal legislation.
Are repealed few provisions of equal or lower range is opposed to this order, and in particular the order SSI / 949 / 2013, of 27 of mayo, by which is set them bases regulatory of the concession of grants to associations of consumers and users of field State intended to promote the associationism of consumption and to the realization of activities of information Defense and protection of the rights of consumers.
First final provision. Skill-related title.
The present order is dictates to the amparo of the article 149.1.13. th and 18th of the Constitution that attributed to the State them powers to dictate them bases and coordination of it planning general of it activity economic and them bases of the regime legal of them administrations public, respectively.
Available to finish second. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 26 March 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.
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