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Order 486-Aaa-2012, Of 29 February, By Which Establish The Regulatory Basis For The Award Of Grants For Projects Of Volunteering In The Framework Of The Plan Of Awareness And Volunteer In The Parks Network I Was Born...

Original Language Title: Orden AAA/486/2012, de 29 de febrero, por la que se establecen las bases reguladoras para la concesión de subvenciones para la realización de proyectos de voluntariado en el marco del plan de sensibilización y voluntariado en la Red de Parques Naci...

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TEXT

Law 6/1996, of 15 January, of Volunteering, recognizes that voluntary action has become one of the basic instruments of civil society action in the social field. This participation is the one that expressly recognizes article 9.2 of the Constitution to citizens and that the public authorities are obliged to promote, promote and protect.

order to promote this social participation, the National Parks Authority intends to continue to promote the development of volunteer projects in the National Parks, as well as in the centers and farms assigned to the National Parks. Autonomous Body National Parks, which have been running for several years. The particular characteristics of environmental volunteering require open and flexible volunteer projects, with immediate and effective capacity to act, and can be shaped according to the different variables and needs environmental.

This order establishes the regulatory basis for the grants that will contribute to the involvement of the social partners and the participation of society in the achievement of the objectives of the Network, as it establishes Article 5 (f) of Law 5/2007 of 3 April of the Network of National Parks, as well as to contribute to the environmental awareness of society in collaboration with the relevant institutions and organizations, in accordance with the provisions of the Article 4 (g) of that Law 5/2007, of 3 April.

Taking into account the doctrine of the Constitutional Court, centralised management is shaping as the most appropriate means to ensure the same possibilities of obtaining and enjoyment by its potential recipients in the entire national territory, by establishing uniform criteria for access to aid, which are fundamental in this case where the aid is not compartmentalized, but extends to the whole of the Network, and not to each of the one of its member parks in concrete, being at the same time a necessary means to avoid the total amount of such aid exceeds the available budgetary resources for this activity. Moreover, this form of management is supported by the fact that the actions of voluntary service which are intended to be carried out in this order affect the whole or, in any case, a substantial part of the Park Network, and therefore only have sense if its supra-character character is maintained.

the Autonomous National Parks Agency, in addition to holding the competition for the coordination of the Network of National Parks and to collaborate with the different Public Administrations in the fulfillment of the objectives of this, is responsible for the technical management of state-owned mountains, estates and property assets, progressively adapting this task to its general conservation objectives. The bases provided for in this order will also regulate the subsidies that promote and contribute to the environmental awareness of society, through citizen participation in management and conservation projects of the centers and farms. attached to the said body.

In its virtue, consulted by the Autonomous Communities, the affected sectors and the Council of the National Park Network, prior to the report of the Legal Service of the State and the Delegated Intervention, I have:

Article 1. Object.

The purpose of this order is to establish the regulatory basis for the granting of grants, in the form of advertising, objectivity and competitive competition, to non-governmental entities and organizations, for the purpose of of voluntary projects in the National Parks, in order to involve the social partners and to encourage the participation of the society in the achievement of the objectives of the Network, as well as in the centers and farms assigned to the Autonomous Body National Parks.

Article 2. Legal framework.

As not provided for in this order, Law 38/2003 of 17 November, General of Grants, Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law of Grants, will be applicable. Law 47/2003, of 26 November, General Budget, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and other provisions that are applicable.

Article 3. Funding.

1. The Ministry of Agriculture, Food and the Environment will finance the subsidies regulated in this order from the budgets of the Autonomous Agency.

2. The aid shall be allocated to the appropriations available under Chapter IV of the expenditure budget of the Autonomous Agency.

Article 4. Typology of eligible projects and objective criteria for granting the grant.

1. The call resolution, in addition to the minimum content required by Law 38/2003 of 17 November, will determine the contents, priorities and specifications to which the voluntary projects will have to be adjusted. Those projected for the National Park Network must be directly related to the specific functions of the General Administration of the State recognized in Article 5 of Law 5/2007, of April 3, of the Network of Parks Nationals.

2. In compliance with the provisions of Article 17.3.e) of Law 38/2003 of 17 November, the following criteria are defined, which will have equal weight among themselves, which must contain the voluntary projects for the granting of the grant:

1. Network Monitoring and Evaluation.

2. The Improvement of Scientific Knowledge.

3. Other complementary activities for the achievement of the objectives of the Network as a whole, including support in exceptional situations.

4. Participation in the management and conservation actions of centers and farms assigned to the Autonomous Agency.

Article 5. Grant-eligible concepts.

1. The aid provided for in this order shall be intended exclusively to cover expenditure directly related to the development and implementation of the voluntary activities for which it has been granted in accordance with the provisions of the Article 31 of Law 38/2003 of 17 November, which is to be sufficiently documented in a sufficient manner.

2. Support expenditure, accommodation, travel and insurance costs for the volunteers involved, as well as the human resources necessary for the planning and coordination of the actions and, where appropriate, the material means necessary for the performance of the materials.

3. The criteria for determining the amount of the grant shall be:

a) Objectives of the activity to be developed.

b) Number of volunteers participating in the activity.

c) The natural environment where the activity is developed.

d) Project duration.

4. Amounts intended for maintenance, accommodation and travel expenses for volunteers participating in the subsidised activities may not exceed the amounts determined for Group 3 in Royal Decree 462/2002, of 24 May, on compensation for the service.

5. In no case shall the total amount of the grant exceed 100% of the expenditure on which the beneficiary has credited the activities under grant.

Article 6. Beneficiaries.

Non-governmental entities and organizations that meet the following requirements may be eligible for these grants:

(a) Those laid down in Article 8 of Law 6/1996, of January 15, of Volunteering.

b) Do not incur any of the prohibitions to obtain the condition of beneficiary of grants listed in Article 13 of Law 38/2003, of November 17.

(c) Be legally constituted at least three years before the date of publication of the resolution of the grant call.

d) Be implanted in at least three autonomous communities and have developed environmental volunteer projects over the past three years in at least three autonomous communities each year. In the case of voluntary projects to be carried out in island autonomous communities, non-governmental entities and organisations which have developed environmental voluntary projects during the period may also be eligible. Last three years in at least three National Parks.

e) Dispose of structure, own resources, and sufficient management capacity to ensure the fulfillment of the objectives, crediting the operational experience necessary for this.

f) Dispose of sufficient human resources with adequate experience and training in the development of environmental activities and with volunteers.

Article 7. Procedure initiation.

1. During the first half of the year, where appropriate, the "Official State Gazette" will be published in the "Official State Gazette", the decision to call for grants for the development of voluntary projects to be carried out in the National Parks and in the farms assigned to the National Parks Autonomous Agency, with an indication of the total amount available, the requirements of the concession, the characteristics and conditions to be met by the voluntary projects to be submitted, and the documentation to contribute.

The projects to be developed in the National Parks and in the farms assigned to the agency located within the territory of a National Park must have a favorable report prior to the management administration of the National Park where the project is intended to be executed. Projects to be developed in the Centres and Fincas attached to the National Parks Autonomous Agency shall have a prior favourable report from the manager of the affected centre or estate.

2. The call resolution shall establish the duration of the projects, which may be of an annual or multi-annual nature.

3. The decision to convene shall set the time limit for the submission of applications and the model for applications, and shall not be less than 15 days and not more than 30 days from the date of their publication.

Article 8. Submission of requests.

1. The entities and non-governmental organisations concerned shall submit their applications to the President of the National Parks Autonomous Body, in accordance with the model indicating the resolution of the specific call, and within the time limit. provided for therein, by annexing the documentation attesting to its status as a beneficiary in accordance with Article 6 of this order, as well as the specific concession requirements at the time of the call.

2. The aid granted shall be compatible with other aid or subsidies, whatever their nature and the entity granting them, provided that together they do not exceed the total cost of the project. The applicant shall declare the aid which it has obtained or requested for the same project or related to it, either at the start of the file or at any time when it is produced, and shall accept any applicable mini-sentences. for compliance with the above.

3. Applications may be lodged at the headquarters of the National Parks Agency and in any of the registers and offices provided for in Article 38.4 of Law 30/1992 of 26 November.

In addition, applications may be submitted electronically at the Department's electronic headquarters, in accordance with the provisions of Law 11/2007 of June 22 on the electronic access of citizens to public services.

4. If the documentation provided is incomplete or fails to be remedied, the investigating body shall require the entity or non-governmental organisation concerned to remedy the absence or to accompany the required documents within ten years. business days, with the warning that if you do not do so, you will be given a withdrawal of your application, in accordance with the provisions of Article 71 of Law 30/1992, of 26 November, and with the effects provided for in Article 42.1 of the said law.

Article 9. Processing.

The planning and instruction of the grant procedure for the implementation of volunteer projects will be the responsibility of the Area of Monitoring of Resources and Centralized Programs of the Autonomous Body. National parks, for which it shall carry out its own initiative as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be formulated.

Article 10. Assessment.

1. The assessment shall be carried out on a competitive basis and in accordance with the principles of advertising, transparency, equality and non-discrimination. The evaluation criteria shall be specified in the resolution of the call.

2. The evaluation of the applications submitted for voluntary projects to be carried out in the National Parks will be carried out by the Directorate of the Autonomous Agency National Parks, who will make an ex-ante evaluation of the projects presented in function of their feasibility and suitability for the purpose of this order as set out in Article 1. This evaluation will be transmitted by telematics to the management administration of the National Park where the actions are planned, so that, within 15 working days, it will issue and send to the Directorate of the Autonomous Agency Parks. National a mandatory report on prioritized projects.

The Directorate of the National Parks Autonomous Agency, in the light of the report issued by the National Park Management Administration, will formulate a proposal for a provisional resolution, which will be notified to the interested parties so that a period of 10 working days, as appropriate, to the arguments that they deem appropriate, if appropriate.

Examined the allegations, if any, will be raised to the Presidency of the National Park National Parks proposed final resolution, which must be expressed by the applicant or the relationship of applicants for whom proposes the grant and the amount of the grant, specifying its assessment and the assessment criteria followed to carry out the grant.

3. With respect to applications submitted for voluntary projects to be carried out in the centres and farms assigned to the National Parks Autonomous Agency, the Directorate of the National Parks Agency shall evaluate the applications received, issuing a provisional motion for a resolution that will be forwarded to the autonomous communities where the centers and farms will be located in which the volunteer actions for their knowledge will be developed.

The proposal for a provisional resolution shall be notified to the parties concerned so that, within 10 working days, they shall make the arguments they deem appropriate, if any.

Examined the allegations, if any, will be raised to the Presidency of the National Park National Parks proposed final resolution to be expressed by the applicant or the relationship of applicants for whom proposes the grant and the amount of the grant, specifying its assessment and the assessment criteria followed to carry out the grant.

Article 11. Resolution.

1. It is for the President of the National Parks Authority to decide whether to grant or refuse grants. The concessions shall be materialized by means of individual decisions which shall be notified to each applicant in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November.

2. The maximum period for resolving and notifying the decision of the procedure may not exceed six months from the publication of the relevant call. After that period has not been notified, the parties concerned shall be entitled to understand their requests for administrative silence.

3. In accordance with Article 27 of Law 38/2003 of 17 November, where the amount of the subsidy proposed to be granted is lower than the amount requested, the beneficiary shall be urged to strengthen its application for adjustment. the commitments and conditions to the grant, while respecting the object, conditions and purpose of the grant. The instructor shall decide on the continuity of the reformulated proposal.

4. With regard to the decision to be taken, the persons concerned may, within a period of one month from the day following the notification of the decision in accordance with the provisions of Articles 116 and 117 of the European Parliament, provide for the replacement of a replacement. Law 30/1992 of 26 November, or directly administrative litigation before the Central Courts of the Administrative-Administrative Court, within two months of the day following the notification of this act, as provided for in the Articles 9 (c) and 46.1 of Law No 29/1998 of 13 July, regulator of the Jurisdiction Administrative-administrative dispute.

Article 12. Modification of the resolution.

1. The supported actions shall be implemented in the time and form approved by the grant resolution.

2. However, the granting decision may be amended as a result of the alteration of the conditions under consideration to grant the said concession only in the following cases:

(a) Where, due to circumstances, it is known that the beneficiary will not be able to meet the objective, execute the project or carry out the activity which bases the grant of the subsidy according to the criteria, conditions and time limits for the subsidised activity.

(b) Where it is known, before the final justification of the grant, that the beneficiary has obtained aid, income or resources for the same purpose from public administrations, public authorities or (a) national or European Union or international bodies and the application of such funds to the activities supported. In this case, the sum of the aid received cannot exceed 100% of the total expenditure of the voluntary actions covered by the grant.

Article 13. Payment.

1. The grant may be granted on a multi-annual basis in accordance with the provisions of the grant resolution for each project, provided that the requirements laid down in Article 47 of Law 47/2003 of 26 November are met.

2. The amount of the subsidy shall be paid out in a single payment from the grant, in respect of the provision of funds prior to the justification, as the financing necessary to carry out the actions inherent in the grants. granted under the provisions of Article 34.4 of Law 38/2003 of 17 November.

3. Payment of the aid shall not require the provision of guarantees.

4. The payment shall be conditional on the evidence by the instructor that the beneficiary complies with all the requirements set out in Article 34 of Law 38/2003 of 17 November. The requirements for beneficiaries shall be governed by the provisions of Section 3 of Chapter III of the Preliminary Title of Royal Decree 887/2006 of 21 July.

For the simplification of the accreditation of the fulfillment of tax obligations and with the Social Security will be applied as established in article 24 of the said Royal Decree, provided that one of the requirements is met lists that article.

Article 14. Justification.

1. Within three months of the end of the period for the implementation of the subsidised activity, the beneficiary shall justify to the Autonomous Agency National Parks the activities carried out which have been financed by the subsidy and its cost. The justification shall include:

a) Evaluation memory, which will contain the activities performed together with the results obtained.

(b) Economic memory relating to the expenditure of the grant, with the corresponding economic justification.

2. Economic justification may take the following forms:

(a) A simplified supporting account for aid of less than EUR 60,000, in accordance with Article 75 of Royal Decree 887/2006 of 21 July.

(b) A supporting account with supporting evidence of expenditure, as set out in Article 72 of the aforementioned royal decree.

(c) A supporting account with the contribution of an auditor's report in accordance with Article 74 of that rule. In the case of aid equal to or greater than EUR 200,000, the supporting account will necessarily take this form.

3. In the case of multi-annual grants, the beneficiary shall provide the supporting documentation for the activities carried out in the year immediately before 31 March of each year, without prejudice to paragraph 1. The annual justification shall consist of the presentation of a memory of activities in which the actions taken in that year are collected. The Management of the National Parks Autonomous Agency may request the management administration of the Park where the activity has been carried out an assessment report on the performance of the intended objectives.

4. If, for duly justified reasons, the termination of the project or any of its stages is delayed, the instructor may extend the term of office within the meaning of Article 49 of Law No 30/1992 of 26 November 1992 and Article 70 of the Royal Decree 887/2006 of 21 July, provided that it is requested and granted before the end of the same.

Article 15. Obligations of the beneficiaries.

Recipients of grants will be required to:

(a) To run and justify administratively, within the prescribed time-limits, the project of voluntary service that bases the grant of the aid.

b) Submit to the verification and follow-up actions that the National Park National Parks puts in place for the control of the application of the grant.

c) Communicate to the Autonomous Agency National Parks the obtaining of other grants, aids, income or resources that finance the activities supported. This communication shall be made as soon as it is known and, in any case, before the justification for the application given to the funds received.

(d) Credit by means of a responsible statement, prior to the adoption of the proposal for a concession resolution, which is in line with its tax and social security obligations, with Article 24 of the Grant Act Regulation.

e) Credit by means of a responsible statement that is not incurred in any of the causes of prohibition contained in article 13 Law 38/2003 of 17 November.

f) Be in possession of all the authorizations, permits, and licenses necessary to be able to develop the subsidized activity, if any.

g) To provide information as required by the National Park and the Court of Auditors.

h) Communicate any eventuality that alters, hinders or simply advises to modify the development of the project, so that, prior to the report of the management administration of the National Park in which the projects, the President of the National Parks Authority may authorise the modification of the initial conditions for granting the aid. Such communication shall be made as soon as the relevant eventuality is known and, in any event, before the end of the grant period is sufficient.

i) to mention the National Parks Autonomous Agency as a financial institution in how many publications could be derived from the subsidized project. Any reference in any means of dissemination to the project or action which is the subject of the voluntary grants to be regulated in this order must include that it has been supported and financed by the Autonomous Agency.

Article 16. Modifying the execution conditions.

1. The actions supported in each project shall be implemented in the time and form approved by the grant resolution.

Any changes to the project will require simultaneously:

(a) That the change does not affect the objectives pursued with the grant and its fundamental aspects.

b) That the change be requested from the instructor as soon as the eventuality in question is known and in any case before the end of the project execution period.

2. The beneficiary may request, by reasoned request, duly justified, extension of the deadline.

3. For amendments to the allocated budget, these shall be motivated and shall not affect the total amount allocated to the project.

4. The authorisations or refusals of modification shall be made by express resolution of the President of the Autonomous Body, notifying the person concerned prior to the end of the period of the grant. However, requests for amendments to the allocated budget, provided that they do not exceed 15% of the amount allocated for the grant, may be authorised by the instructor.

Article 17. Non-compliance and drawback.

1. The total non-compliance for the purposes for which the subsidy was granted, the performance of the subsidised action, the requirements laid down in this order or the obligation of justification, shall give rise to the total recovery of the aid. granted.

2. Where compliance by the beneficiary is closely approximated to the total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions of the granting of the aid, consider partial non-compliance with the purposes for which the aid was granted and give rise to the partial refund of the subsidy in the percentage corresponding to the investment not made or not justified.

3. The delay in the submission of the documents to justify the performance of the aided action will take place, after 15 days following the request of the instructor, to the full of the aid granted, in accordance with the Article 70.3 of Royal Decree 887/2006 of 21 July.

4. The implementation of unauthorised modifications in the financial budget will require the return of the diverted amounts.

5. In all cases, the refund entails the requirement of the interest of late payment from the moment of payment of the grant until the date on which the origin of the refund is agreed. The interest of the applicable delay shall be the legal interest of the money increased by 25%, unless the General Budget Law of the State establishes a different one.

6. Failure to comply with the regulatory bases set out in this order shall be made and punishable in accordance with the provisions of Title IV of Law 38/2003 of 17 November.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 29 February 2012.-The Minister of Agriculture, Food and Environment, Miguel Arias Cañete.