Real Decree 1306 / 2011, Of 26 Of September, By Which Is Regulates The Processing Of Them Grants State Annual To Cover The Expenses Of Security In That Incurred Them Parties Political.

Original Language Title: Real Decreto 1306/2011, de 26 de septiembre, por el que se regula la tramitación de las subvenciones estatales anuales para sufragar los gastos de seguridad en que incurran los partidos políticos.

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The Constitution Spanish attributed to them parties political a function essential in all State Democratic: serve of runway for the expression of the pluralism political, attend to it training and demonstration of it will popular and be instrument fundamental to the participation political.

Through the law organic 1 / 2003, of 10 of March, for the warranty of it democracy in them municipalities and the security of them Councillors, is modified certain standards of our ordering legal for allow do reality it decision of isolate to them terrorist, guaranteeing a greater efficiency in the use of them resources of which can have our system political. Specifically modified article 3 of organic law 3/1987, of 2 July, on financing of political parties, by inserting the following paragraph: "Equally, an annual allocation may be included in the General State budget to cover security costs incurred by political parties to keep their political and institutional activity».

Subsequently, it cited law organic 3 / 1987, of 2 of July, was repealed by it law organic 8 / 2007, of 4 of July, on funding of them parties political, since during the course of twenty years from the approval of that, the society had experienced many changes political and economic, as the fast development of them new technologies, the incorporation of the State Spanish to the Union economic and monetary and it consolidation of the system democratic. In the organic law 8/2007 of 4 July, the modification introduced by law 1/2003, of 10 March, concerning the possibility of including an annual allocation in the General State budget to cover security costs incurred by political parties has remained.

Finally, with this Royal Decree it comes to comply to the requirement explicitly made by the Mixed Commission for relations with the Court of Auditors and to the repeated recommendations of the annual reports of the Inspector's supreme body of accounts and the economic management of the State. The resolution of June 22, 2010 approved by the aforementioned Commission in relation to the audit report of the financial statements of fiscal year 2006 of political parties with parliamentary representation in the Cortes Generales or the legislative assemblies of the autonomous communities, agreed in the 15th paragraph that: «the Government develop normatively the regime applicable to the subsidy costs of security «, delimiting clearly the nature of such expenses, as well as the period of accrual and the justification on the compliance of the purpose for which are granted, for the purposes of ensure a greater safety legal and facilitate its control from the Court of accounts».

Given their status as associations directly concerned by the content of the present Royal Decree, and the definition that the Constitution in its article 6 of its mission, has been hearing from the same political parties pursuant to article 24.1. c) of the Law 50/1997, of 27 November, the Government.

Therefore, taking into consideration the organic law 8/2007 of 4 July, and the resolution of June 22, 2010 approved by the Joint Committee for relations with the Court of Auditors, and by their virtue, on the proposal of the Minister of the Interior, with the prior approval of the Minister of Territorial policy and public administration, the report of the Minister of economy and finance , in accordance with the Council of State, and prior deliberation of the Council of Ministers in its meeting of the day 23 of September of 2011, I HAVE: CHAPTER I provisions general article 1. Object and legal regime.

He present real Decree has by object the development regulatory of the procedure of concession of them grants State annual to cover them expenses of security in that incurred them parties political for keep your activity political e institutional regulated in the article 3.1, paragraph second, of the law organic 8 / 2007, of 4 of July, on financing of them parties political.

Article 2. Scope of application.

He State may grant grants to cover the expenses of security to them parties political, federations or coalitions of parties with representation in the Congress of them members.

Also is may grant grants to them elected that had been presented by them groupings of voters to cover them expenses of security derived of the exercise of its activity and of the support, in its case, of the infrastructure and organization necessary for the performance of their functions.

Article 3. Competent body to resolve.

The processing and resolution of the records of the grants to cover costs of security corresponds to the General Directorate of Interior policy of the Ministry of the Interior.

Article 4. Advertising.

The General direction of policy inside quarterly published in the «Official Gazette» the amounts granted in every period to each political entity, with expression of the program and budget credit which is charged, beneficiary, granted amount and purpose of the grant.

CHAPTER II article 5 beneficiaries. Beneficiaries.

The beneficiaries of the annual State subsidies to cover costs of security shall be those listed in article 2.

Article 6. Obligations of the beneficiaries.

Obligations of the beneficiaries are as follows: to) use the funds to finance eligible activities during the period to which they relate subsidies in accordance with the provisions of this Royal Decree.

(b) present the justification of the cited compliance before the Court of accounts, for the purposes of the exercise of them powers of control external, according to it established in the chapter V, and submit is to them performances of checking required providing much information you is requested in the exercise of them performances earlier.

(c) accredit before the address General of political inside, with previously to dictate is it proposed of resolution of concession, find is to the current in the compliance of their obligations tax and facing it security Social, as well as facilitate them data identifying required of the Party (essential the NIF) and them data of it has current of the entity financial where want to perceive it grant.

It accreditation of find is to the current of them obligations tax and facing it security Social is verify through the authorization that grant the party political to it address General of political inside to get, of form direct through certified telematic, the accreditation of find is to the current of such obligations.

The payment of these subsidies may not be as long as the beneficiary is not accredited to found to date in fulfilling their tax obligations and Social Security.

Data for the accounts that need to transfer monthly the quantities allocated to each political party may be provided through Bank certification in which is reflected the political entity and the international code of bank account (IBAN code), or by filling in the annex 2 of the order of the Minister of the Presidency on June 19, 2002 which regulates the procedure for the payment of obligations of the General Administration of the State.

(d) dispose of the accounting books and records completed in the terms provided for in article 14 of the organic law 8/2007, 4th of July, as well as other supporting documents of the activities subsidised in order to guarantee the appropriate exercise of the powers of inspection and auditing.

(e) retain the original supporting documents for the application of the funds received, including electronic documents, and put at the disposal of the Court original documents that are required in relation to the actions of control.

f) file with the Court of Auditors, within the time and in the terms provided in the chapter V, relating to the grant accounting records and supporting your application account.

(g) proceed to the reinstatement of the funds collected in the cases referred to in this Decree.

CHAPTER III article 7 eligible security expenditures. Protection of the headquarters of political parties.

Shall be considered as eligible expenditure as follows: to) security personnel: costs of contracting this service or, where appropriate, staff hired for this purpose and other costs gross remuneration.

(b) conditioning, installation and maintenance of the security of them headquarters: blinds and crystals of security, installation of alarms, services of connection with Central receiving of alarms, facilities electric, doors and locks of security, camcorders, recorder of images 24 hours, mechanisms of detection of accesses, switchboard of control of access by card, systems of protection against theft and fire, hoses interior of extinction of fire , fire extinguishers, detectors of rays x, scanners or other instruments of similar nature.

Article 8. Protection of the people.

Are considered to be expenditure eligible the following:

(to) Personal of escort: costs of recruitment of said service or, in your case, retribution gross of the personal hired, as well as the expenses inherent to the exercise of their functions.

(b) vehicles armored, inhibitory signals and GPS for vehicles, and ear phones of confidentiality in vehicles.

Article 9. Protection of information.

(Is considered expenses eligible the following: to) Software for controls of access to the headquarters.

(b) software for the protection of the information.

(c) security-related hardware.

Article 10. Protection of public events.

(Is considered expenses eligible, related with the Organization and realization of acts public and events from them parties political, them following: to) Personal of security: costs of recruitment of said service or, in your case, remuneration gross of the personal contracted for this purpose and others costs derived.

b) conditioning of spaces, places or premises to carry out acts or events, including installations and security mechanisms related to article 7 b).

CHAPTER IV procedure of granting article 11. Birth of the right and its accrual.

1. a time consigned them amounts in them budgets General of the State, the right to them grants to cover expenses of security will be born from the moment in that a party political get representation in the Congress of them members, and is accrued annually.

2. after the holding of new elections to the Chamber of deputies will no longer be earn subsidies, or there will be a modification based on the new results obtained by each party.

Article 12. Quantification of the grant.

1 to determine the amount of the subsidy that corresponds to each Party shall be taken into account the following criteria: a) the annual amount recorded, in his case, for these grants in the General State budget Act. This amount may revalue adapting, as a minimum, to the consumption price index the amount allocated for this grant for the financial year concerned, in accordance with the provisions of the sixth additional provision of law 8/2007 of 4 July. Fitness will be made with the index published by the National Institute of statistic corresponding to the month of April of the year preceding the financial year concerned.

(b) the number of seats and votes obtained by each political party in the last elections to the Chamber of Deputies.

2. the corresponding appropriation budget is divided in three amounts equal: an of them is distributed in proportion to the number of seats obtained by each party in them latest elections to the Congress of them members, and them two remaining proportionally to all them votes obtained by each party in such elections.

3. the amount total that corresponds to each party political for the payment of these grants are prorated in twelve parts corresponding to each one of them months of the year. The fertilizers is carried out by months natural, except those years in which is held elections to the Congress of them members, in whose case is apply it planned in the paragraph following.

(4. in them years in that is held elections to the Congress of them members, the calculation is held following them following rules: to) in them months earlier and later to the celebration of them cited elections is apply them rules of the paragraph second of this article, according to them elections that, in each case, should take is as reference.

(b) in the month in which the elections are held, the appropriate budgeted amount will be prorated for days, and act in accordance with the preceding paragraph.

5. the records of payment will be processed before the start of the month correspond to which payments to make, except at the beginning of each financial year or when elections are held in the Chamber of Deputies, that can happen the first fertilizer to understand more than one monthly fee.

6. the results will be taken into account for the corresponding calculations will be that published in the «Official Gazette», as established in article 108.6 from the organic law 5/1985, of June 19, the General Electoral regime.

7. the General Directorate of policy inside dictate, ex officio, a resolution with the annual amount of the subsidy that corresponds to each political party, whose content must be communicated to this and to the Court of Auditors. Semiannually, the above-mentioned Directorate-General shall inform the Court of Auditors fertilizers made in that period to each political party.

Article 13. Resource.

The resolution mentioned in the preceding article may be brought against is appeal to the Undersecretary of the Department, prior to the contentious, within a month from the day following that on which take place the notification of the Act, in accordance with the provisions of article 107 and following of the law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

Article 14. Separate payment.

When a party that has right to the see of these subsidies had adopted the legal nature of Federation or coalition, and any of its components request separate these subsidy payment, proceed as follows: 1. If the application is filed with the agreement of the other components of the coalition or Federation, you will enter the separate grant payment. This separate payment shall take effect from the following month which recorded in the General direction of policy inside the aforementioned conformity.

2. when the covenants subscribed and communicated to the competent Electoral Board, referred to in article 44.2 of the organic law 5/1985, of 19 June, to establish the participation of each one of the components of the coalition or Federation in revenues and charges, it will adjust to that in these Covenants is determined, even on the assumption that there were no conformity between the different components. The separate grant payment shall take effect from the month following which contained in the General direction of policy inside the corresponding covenants.

3. If the request was made by one of the components, and not application as provided in the preceding paragraphs, be to realize the rest of them so that in the period of fifteen days they claim what they see fit. If not is formula claim any, is will proceed, in the term of a month, to the manure separated of the grant to the entity applicant. If is formulate allegations, is will continue paying jointly them grants, and is will proceed to dictate resolution denial of the request. Against this resolution can bring is the resource regulated in the article 13.

4. If is had of proceed to the fertilizer separate of them grants, it address General of political inside shall be it new quantification and will provide the corresponding record for, a time bonded of conformity by the intervention, is notify the resolution that is handed down to them representatives legal of them entities political affected. Against such resolution can bring is the resource that is concerns the article 13.

5. in all case, before processing by separate the fertilizer of the grants will be mandatory the report favorable of the service legal of the Department.

Article 15. Subscription of the grants awarded.

The direction General of political inside will transfer monthly the quantities assigned to each party political. For these purposes, communicate the data of the Parties indicated in item 6.c) of this Royal Decree to the General direction of Treasury and financial policy to register them or proceed with its modification, so that this can make the payment of the amounts of subsidy through monthly transfer to each political entity.

CHAPTER V supervision and Control of the grant article 16. External control.

In accordance with article 16 of the organic law 8/2007 of 4 July, it corresponds exclusively to the Court of Auditors control of annual State subsidies to cover the costs of security of political entities.

Article 17. Justification of the grant period.

The deadline to execute the quantity perceived by way of grant will be extended to the budget year with corresponding, in such a way that allows political entities undertake security projects that respond to the needs of each one of them.

These entities will have the period specified in article 14.7 of the organic law 8/2007 of 4 July, to justify subsidies perceived.

Article 18. Justification for the subsidy.

Investments and expenses applicable to the grant will be integrated in the accounting books and annual accounts presented to the Court of Auditors, classified according to the nature of the corresponding operations.

Regardless of their integration in the annual accounts, is it shall be sent, together with the annual accounts to file with the Court of Auditors, in the manner and period specified in article 14.7 of the organic law 8/2007, of July 4, a specific justification account which will contain:

1. a memory of affirmative action of the fulfilment of the conditions grant finalists to cover costs of security, with indication of the activities carried out and the results obtained.

(2. a memory economic supporting of the cost of them activities made, that will include: to) a relationship detailed of them operations charged to the grant in the exercise to is relating them accounts annual presented, classified according to the typology established in the chapter III, indicating the reference of the invoice or document of value probative equivalent, the identification of the creditor (name e identification fiscal) , the amount of the invoice, the amount funded with charge to the grant for expenses of security, it has accounting in which is has accounted and the number of it operation of record accounting, the date of emission of invoice and the date of payment.

(b) them copies duly faxed of invoices or documents of value probative equivalent in the traffic legal commercial or with efficiency administrative, incorporated in the relationship to is makes reference in the paragraph earlier, and of the documentation supporting of the payment. In the event that the abovementioned supporting documents include generic descriptions of the goods or services invoiced, budget or similar descriptive document allowing to verify the nature and amount of baggage concepts must be attached. When the amount of spending appropriate to payroll and other expenses of the staff of escort, will support the necessary reserve of personal data with evidence of spending caused, provided that the documentation presented allow to verify the effective realization of the activity. The documents original must be preserved by the party political for the purposes of the checks that the Court of accounts considers relevant.

(c) where appropriate, the payment card of reinstatement in the so-called unapplied remnants as well as the interests derived from them.

Article 19. The grant check.

He Court of accounts as organ Inspector external will check the justification documentary of the grant with arrangement to the method that set, to whose end will review the documentation that necessarily should provide the beneficiary.

Article 20. Duty to collaborate.

1. them parties political will be forced to the remission of many documents, background, data and justifications them are required by the Court of accounts for the compliance of its function audit.

2. them parties political may meet with it obligation to is concerns the paragraph previous putting to provision of the Court of accounts the information that precise in the headquarters or dependency that them officials of the Court designate.

3. them entities that had maintained relations of nature economic with them parties political will be forced, if are required by the Court of accounts, to provide to this it information and justification detailed on their operations with them, in accordance with the standards of audit external generally accepted, and to them alone effects of verify the compliance of them limits, requirements and obligations established in this real Decree.

CHAPTER VI penalties and repayment of the grant article 21. Sanctions.

The Court of Auditors may agree to the imposition of fines to offending political party in the terms established in the organic law 8/2007 of 4 July. In the event that a political party not, without just cause, presented the accounts for the fiscal year related to security costs or they are so poor that prevent the Court of Auditors carry out their supervisory duties, it may propose non-waged the offender grants per year for its operating expenses.

Once are strong sanction resolutions of the Court of Auditors, this shall inform the General Directorate of policy inside to effects that are not spared subsidies for operating expenses provided for in article 3 of the organic law 8/2007 of 4 July.

In the so-called of that the resolution sanctioning of the Court of accounts is refer to the not Beltway of grants, must specify in that the period affected, if is partial or total within the legislature that correspond, without right to grant for the entity political affected.

Article 22. Reinstatement.

The beneficiary must comply with all and each of the objectives, activities, and projects, adopt the behaviors that behind the granting of the subsidy and fulfill the commitments made on the occasion of the same. In another case, proceed the returned total or partial according to the criteria established in the article 23.

Article 23. Procedure.

1. the Court of Auditors, to check the account, shall fix the amount which, not having been duly justified, shall be subject to reinstatement, communicating to the General direction of policy inside.

2. when appropriate the returned it cited address General it will put in knowledge of the beneficiary through resolution in which is will determine the amount net of it debt, granting you a term of a month so proceed to the cancellation of it same in effective by means of the model 069 (letter of payment) in the province that corresponds, sending copy to it address General of political inside It is cancelled.

3. the initiation of the procedure for reinstatement will interrupt the limitation period available to the Administration to demand the reinstatement.

4. the resolution of the reinstatement procedure will identify the liable to reinstate, the unfulfilled obligations, the cause of reinstatement and the amount of the subsidy to reinstate.

5. in the event of not reintegrate the balance the political entity required for this purpose, the General Directorate of policy inside start timely record for reinstatement through the delegation of economy and finance that corresponds, except that the affected institution avails itself of the trade-off between subsidies, regulated in article 4 of the Royal Decree 1907 / 1995, of 24 November which regulates the processing of the annual State subsidies and for election expenses to the political groups. The General direction of policy inside may also require the reinstatement of undue or unwarranted subsidies urging the initiation of procedure for reinstatement to the accounting jurisdiction of the Court of Auditors.

Sole repeal provision. Repeal legislation.

Many provisions of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.

First final provision. Skill-related title.

This Royal Decree is issued under cover of the provisions of article 149.1.29. ª of the Constitution that the State given the exclusive competence in matters of public security.

Available to finish second. Entry into force.

This Royal Decree shall enter into force on the twentieth day of its publication in the «Official Gazette».

Given in Madrid, on September 26, 2011.


The Minister of the Interior, ANTONIO CAMACHO VIZCAÍNO

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