Regulation of the Council of Andorra la Vella for the granting of subsidies
Posted by Manuel Casal | Section Regulations
The Council of Andorra la Vella has approved (BOPA 13/22) the regulations for granting subsidies for the organization and promotion of activities and social services, culture, sport and youth to develop the parish Andorra la Vella , which aims to regulate the grants, procedures for granting and supervision of public aid granted by the Council of Andorra la Vella in the social, cultural, sports, youth, legal persons or natural persons to develop an activity or service, you can revert to the public interest in the parish of Andorra la Vella.
This regulation focuses on state aid granted in the form of monetary or pecuniary delivery that is the figure who most need of regulatory attention, establishing appropriate rules, in order to achieve greater effectiveness and efficiency , simultaneously enhancing the transparency and control that gives the public nature of this type of support econòmiques.Per other hand, is appropriate and necessary to establish uniform criteria and procedures in its justification and at the same time, facilitate the task of checking that they various departments of the Municipality's own intervention and compliance with the purpose of the grant.
Full Text
Decree
In modern democratic and social state of law is the unquestionable importance of subsidies to the extent that it can be said that this is a decisive instrument in the social and economic policy of any administration.
This regulation focuses on state aid granted in the form of monetary or pecuniary delivery that is the figure who most need of regulatory attention, establishing appropriate rules, in order to achieve greater effectiveness and efficiency , simultaneously enhancing the transparency and control that gives the public nature of this type of financial aid.
Moreover, it is desirable and necessary to establish uniform criteria and procedures in its justification and at the same time, facilitate the task of verification made by different departments of the Municipality and personal intervention by fulfilling the purpose of the grant.
For the reasons stated above, the Council of Andorra la Vella, in the Common Council meeting of March 4, 2010, approved the following:
Regulation for the granting of subsidies for the organization and promotion of activities and social services, culture, sport and youth to develop in the parish of Andorra la Vella
Title I General Provisions
Article 1 Object
This regulation aims to regulate the grants, procedures for granting and supervision of public aid granted by the Council of Andorra la Vella in the social, cultural, sports, youth, legal persons or individuals who develop an activity or service, you can revert to the public interest in the parish of Andorra la Vella.
Article 2 Grant Concept and Scope
Grant understood the purposes of this regulation, any provision made by the Joint cash in favor of public or private, that meet the following requirements:
a) The delivery is made without consideration of the direct beneficiaries.
b) The delivery is subject to compliance with a specific objective, the implementation of a project, running a business, taking a singular behavior, as made or make, or the concurrence of a situation, on the understanding that the beneficiary must meet the material and formal obligations that derive from them.
c) That the project, action, conduct or state funded aimed at promoting an activity of public utility or social interest in the parish of Andorra la Vella.
Article 3 Applicable Law
The legal framework which will govern the grants is:
a) Art. 80.1 of the Constitution of the Principality of Andorra (28 April 1993).
b) Art. 12 law of delimitation of competences in common (4 November 1993).
c) The transfer of the common law qualified (4 November 1993) and Qualified Law 11/2003 of June 27, amending Article 7 of the common law qualified transfers.
d) the Administrative Code (29 March 1989).
e) The qualified law associations (29 December 2000).
f) Regulation of the register of associations (1 August 2001).
g) The rules and regulations call for specific grants.
Article 4 Nature of subsidies
a) The grants covered by these rules are voluntary and temporary, are reducible delivery and revocable at all times, do not create any right to obtain other grants in subsequent years (to be saved given the nature of expenses multi-year) and can not be alleged as a precedent.
b) The grants are concerned to fulfill the purpose of general interest to which the award is conditional in nature and not devolutivo, notwithstanding the withdrawal inherent in breach of conditions and loads imposed by the act of granting .
c) In any case, the Municipality will be exempt from any liability, commercial, labor or any kind arising from the actions that they are forced to persons or entities subsidized.
Article 5 Purpose of grants
The Council of Andorra la Vella may grant financial subsidies through the procedure regulated by this regulation for the implementation of activities and services are related to sports, social, cultural, youth and social public interest to supplement or replace the competition communal services covered by Article 80.1 of the Constitution and Article 12 of law of delimitation of powers in relation to the organization and promotion of social, cultural, sports, youth and other strong interest public for the parish of Andorra la Vella.
a) The grants will fund activities and social services, cultural, sports, youth social or public interest. These activities may develop activities and events from short-term activities or develop, over a year or season long.
b) The grants can fund activities and services that contribute to the common services competition, respond to social needs or to promote the general interests of the parish.
c) are prohibited subsidies that meet the criteria of mere liberality, which is considered invalid.
Article 6 Beneficiaries
May be eligible for financial subsidies stipulated in this regulation and, consequently, submitters of these:
a) entities and nonprofit organizations, resident in the parish of Andorra la Vella, which carry out public utility or social interest and they are legally constituted and registered in relevant records.
b) Individuals who own behalf and on behalf of an individual or group of persons carrying out activities of public utility or social interest.
c) entities and nonprofit organizations and individuals who, although not domiciled in the parish of Andorra la Vella, perform activities of public utility or social interest in the parish of Andorra la Vella and they are legally constituted and registered in the records.
Procedure and Title II grants management
Article 7 General Principles
The management of the grants referred to this regulation shall be subject to the following principles:
a) Advertising, transparency, competition, objectivity, equality and non discrimination.
b) Effectiveness in achieving the objectives set by the Common.
c) Efficient allocation and use of public resources.
The grants will be awarded through competitive tendering or by direct grant.
Amount of Section 8 subsidies
a) The amount of the grant, together with the subsidies for the same purpose by other public or nonprofit legal persons, shall not exceed the cost of the subsidized activity.
b) As a general rule, without prejudice to the rules specific amount of the subsidy not ultrapassarà 60% of the cost of the activity or service funded.
Article 9 budgeting
a) Common recorded annually in an amount in the budget to meet the eligible activities and services of each department.
b) Grants will be considered the effectiveness of public expenditure and the same will be conditional on the existence of sufficient budgetary provision.
Article 10 Grant through a competitive
a) competitive basis through the tender system, is the ordinary form of awarding the grants.
b) Joint or before the competition, must adopt and publish the relevant rules and regulations specific.
c) The announcement of the announcement detailing the essential elements of the rules governing specific for the contest.
d) The competition will be considered together in a single procedure, all applications submitted within the deadline, and will be resolved in a single administrative procedure for the application or applications that meet the requirements specific to the rules and get the same time, a higher score on application of the evaluation criteria set by their own rules.
e) The Board of Governors may, at its discretion, allow the desert contest or not to exhaust the total credit available or planned for the budget or your bag ties. Not be granted subsidies amount than that specified in the notice.
f) The rules and regulations which establish specific announcement organ shall examine and evaluate the applications. The competent authority will be responsible for moving the proposal to the relevant technical committee and that the Governing Board to approve the granting of the subsidy.
Article 11 Granting direct
The grants may be awarded directly, although not mandatory nor competitive or advertising in the following cases:
a) be recorded by name in the initial estimate of the common modifications or credits approved by the Common Council.
b) Grants to remedy emergency situations or emergency situations when these are incompatible with the process of advertising.
c) Exceptionally, any other grants which prove reasons of public interest, social, economic or humanitarian, or other duly justified that hinder its public announcement.
Normally the award will be formalized in an agreement directly. In the corresponding agreement or, where appropriate, in the award, to be fixed over the beneficiary and the subsidy, the object, and how the term justification.
Article 12 Applications
For grants, will require the request of the possible beneficiary, which must be stated as follows:
a) Identification of who signs the request and with the character who does.
b) Identify who should be the beneficiary (with expression of its registration number if an entity or passport number or a residence permit if an individual).
c) Report to subsidize the activity or service.
d) Total budget for this.
e) Declaration of the grants obtained for the same purpose and commitment to communicate to the Common obtained in the future.
f) Commitment from the conditions of the grant.
g) Documentary evidence required to meet specific requirements.
h) data bank, in which, if it subsidizes the proposed activity or service, you may transfer the amount of the grant.
i) Declaration of the Joint debtor was not always that the period of voluntary payment and be aware of the payments of the CASS.
Applications must be made on forms provided that the Council of Andorra la Vella and must be accompanied by the documents specified in the regulations specific to each call.
When defects are noted, omissions in applications, or further information deemed necessary, may give applicants a term not exceeding 10 working days to fix defects or omissions or for further Information. In case of competition, the term must be equal for all participants involved.
Applications and all required documentation to the rules specific to the accompanying announcement must be submitted to stop service within the stipulated time.
Not be required to present documentation that has already been provided to Common in previous years and has not suffered any amended at the time of processing the new request for funding (bylaws, board members, address social.) stating the new demand this and identify why and when it was presented, which is always updated and has not undergone any changes.
In the event that the information contained in the various departments of the Municipality is not updated, the beneficiary will be required to provide it, and this is a precondition for payment of the subsidy.
Exceptionally, when the objective circumstances that need urgent resolution, the Municipality may grant the subsidy beyond the deadlines, provided that there is budgetary provision, the beneficiary meets the requirements, and issued a technical report justifying the agreement is adopted by the Governing Board.
Article 13 Obligations of beneficiaries
a) The beneficiaries should not be debtors of the Common provided the period for voluntary payment.
b) Associations and foundations in order to be eligible for grants must be registered in the Register of Associations of Government and Municipal Register of Associations, in accordance with the provisions in Article 28 and following this regulation.
c) not be granted new subsidies are not justified if the previously granted, having passed the deadline for the justification.
d) Grant recipients are required to publicize the activity or service has been subsidized by the Common.
e) If you receive funding or grants of any kind, other government or nonprofit entities, will be required to relate them and the amounts that are perceived by each.
Article 14 criteria
In addition to the specific criteria that are set in the regulations specific to the call, are considered basic criteria for awarding grants following:
a) The interest of the activity in the community.
b) The lack of similar activities.
c) The number of members of the association.
d) The number of recipients of the activity.
e) The difficulty of performing the activity itself is not benefited by the subsidy.
f) The number of grants awarded during the company by any institution for the same activity.
g) The percentage of self-financing entity that generates the payment of membership fees or registration fees and / or participation.
h) The act of collaborating with the Council of Andorra la Vella to carry out joint projects in the public interest.
In no event will be awarded grants, with the already granted by other agencies, exceed 100 per 100 cost of the subsidized activity.
Article 15 Grant, acceptance and formalization
Grant applications submitted will be analyzed and evaluated by various bodies that establish the rules specific to each call. These bodies will get a resolution to the relevant technical committee and the committee decided to submit the proposal for granting the Board of Governors. Finally, the Governing Board approve the final resolution of all requests.
If no decision is issued within the period specified in the regulations specific, and in any case within two months the deadline for submitting applications, the petition shall be dismissed.
Later, proceed to formalize the grant by signing the regulatory agreement for in cases where deemed appropriate.
For the effectiveness of the subsidy will be necessary and that the conditions which have been granted are accepted without reservation by the beneficiary, in the manner and within the rules that indicate specific or concession agreement.
If the beneficiary does not submit its acceptance in the corresponding period or make reservations on this, the Municipality may choose, at his discretion, from granting a new term for acceptance or outright considering that the beneficiary renounces the grant.
Article 16 resolution, reporting and payment of the subsidy
a) The term resolution on the granting of subsidies is a maximum of 2 months and the lack of resolution, within this period shall be rejecting.
b) The Common shall notify in writing the grant or refusal of the grant to the company, legal person or individual who has made the request.
c) Generally, the payment of grants will be made upon presentation of proof of service or activity funded. Specifying the payments to the regulations set specific.
The advance payment or advance payment of the grant, before justification, in specific cases that will be made explicit in the rules or the specific act of concession. In this case, the deadline for submission will be the justifications that have been established in the relevant specific rules and regulations or the act of concession.
In any case, if the recipient is the common debtor, the compensation will be paid with the grant recipient's debts.
In cases of payments or advance payments, it may require assurances from recipients, is made to ensure that the sporting activity or service funded and that meet the objectives of the grant.
Article 17 Advertising
When BOPA and the notice board of the Common will be published with annual frequency, the subsidies, with expression of the call, the budget, the recipient, the amount granted and the purpose of the grant.
Need not be advertising in the previous section indicated in the following cases:
a) When subsidies have nominative assignment in the General Budget of the Municipality.
b) When the award and its amount, for a particular beneficiary, resulting in a rule imposed by legal status.
Article 18 Justification
Subsidies are justified in accordance with the rules that have specific and the concession agreement. In any case, should take into account the following rules:
a) must be to justify the activity or service funded and their cost.
b) When the grant funding has the aim of a general entity, whatever the percentage of the subsidy in the budget of the organization, it must submit documentation and evidence that prove the fate of the grant.
c) In the case of activities must provide: the payment of income and expenses of the act, bills of expenditure and receipts of all income.
d) The various departments of the Municipality must be stamped invoices provided by the beneficiary, the label created for the purpose, so the record that these have been used as proof of a specific municipal subsidy.
e) When the rules specific to the agreement, the agreement or award decision will determine, subsidies may be justified with reports of financial control which shall give the Comptroller of the Common.
f) The Common can check directly the execution of the activity or service funded either by own staff or through contracted companies for the purpose.
Article 19 Expenses eligible
a) are considered eligible expenses for the purposes referred to in this regulation, those who also undoubtedly respond to the nature of the activity or service funded and conducted in the period established by the regulations specific to the call.
b) Unless there is an express provision against the rules specific to the call, it is considered that the expenditure has actually been paid before the end of the period of justification given by the regulations of the grant.
c) The beneficiary has attributed the indirect costs of the activity or service funded in part reasonably necessary, in accordance with the principles and generally accepted accounting standards and, in any case, to the extent that these costs corresponding to the period in which actually performs the activity or service.
Article 20 Verification of the justifications
a) The various departments of the community who have dealt with the granting of subsidies, verify that these are submitted within the deadlines set and checked formally, may require the beneficiary to rectify defects, complete documentation or further information.
b) The Common Market will see the value of eligible expenditure.
Article 21 Contract of service or activity funded
The recipient may subcontract the execution of all or part of the activity or service that is the subject of the grant.
Title III Nullification, review and withdrawal of subsidies
Article 22 Nullity of resolutions for grants
Causes for annulment of decisions to grant, the lack or inadequacy of budgetary provision.
Article 23 Review
The resolution granting a subsidy can be modified by the Common, with a concession period of the previous allegations • 10 working days to the recipient, either in relation to the contents and conditions, either in relation the amount of the subsidy, in the following cases:
a) When there is an alteration in the conditions that determine the award of the grant.
b) When the beneficiary has obtained the same performance for other public assistance or subsidies which, added to the Common, exceed the percentage of the total cost of financing the activities determined in the notice.
c) When the beneficiary has obtained the same performance for other subsidies, grants or contributions from any source, public or private, which added to the Common exceed the total cost of the activity.
d) When the beneficiary has not adequately justified the entire amount of the costs of the action that is required to justify, in the terms and within the deadlines laid down these rules or the rules specific.
The modification may affect the content, or conditioning the amount of the grant.
Article 24 Payment of grants already paid
a) When a result of the cancellation • Policy, revocation or revision of the grant, the final amount of this is less than the amount paid, the beneficiary will be required to repay the excess. Also be required to reimburse the beneficiary has received a grant to falsify the requirements or hiding those that prevented the concession, for total or partial failure of the purpose of the activity or service, for breach of obligation to justify the deadlines, resistance or obstruction to the actions of verification of financial control.
b) In addition, we must pay subsidized interests perceived excesses, calculated as the rate of delay, accredited at the time of payment.
c) In case of an incorrect application of the subsidy under the conditions of the award, the awarding body has urged the association to host the return, without prejudice to the responsibilities that apply.
d) When the subsidized is a legal entity, shall be liable for subsidiary managers.
Title IV Offences, penalties and administrative responsibilities for grants
Section 25 Offences and administrative sanctions
In the event that actions or omissions of us could be funded criminal, the administration will report to the competent jurisdiction and shall not follow the disciplinary procedure Meanwhile the judicial authority issued no ruling firm, has place the file or dismissal of the action takes place or the return of the case.
Article 26 Responsibilities
Recipients of grants awarded by the Joint undertake to execute the activities funded in accordance with the principles of good administration, good faith and presumption of legality.
Violation of these principles originate responsibilities in each case and the opening match of the record of repayment of the grant.
The administrative responsibility shall be required in accordance with the provisions of the legislation.
Financial control of Title V grants
Article 27 Control of financial subsidies
The Joint Statement of the auditor performs the function with the extent and effects may be specified in these regulations and other rules, with full autonomy with regard to authorizations and other bodies which oversee the management and respect for bodies granted.
The auditor function is to monitor all grants that are within the scope of this regulation, in order to ensure respect the laws applied in this case.
Specifically the objectives of the audit of the grants are:
a) Verify the degree of overall objectives of the organization or unit overseen.
b) Check that the objectives and seek to achieve the applicable criteria for granting subsidies exist, its definition is clear and unambiguous, and are in accordance with applicable law.
c) to determine if available resources are used efficiently, effectively and economically.
d) Ensure that the amount of the subsidy, either separately or in competition with other grants from any source, not exceeding the cost of the actions for which the recipient has requested the grant
Title VI Regulation of Communal Register of Associations
Section 28 Creation, Purpose and Advertising
1. It creates the Municipal Register of Associations which aims to promote the associative network of the parish through the registration of all nonprofit organizations operating in the territory of the parish of Andorra la Vella and promoting their participation and development in the region.
2. May obtain the registration record all partnerships aimed at the defense, promotion or improvement of general or sectoral interests of the residents of the parish of Andorra la Vella.
3 The registration of associations in the registry should allow:
a) Update on a permanent and systematic data of all organizations operating in the territory of Andorra la Vella.
b) Know your goals and your representative.
c) To observe the internal development and its social setting.
d) To collaborate in the updating and screening.
e) Encouraging active participation in all spheres of public participation in the parish of Andorra la Vella.
f) Identify, preserve and reconstruct its history of association.
4. The most relevant entity shall be public, and non-commercial and anyone demonstrating a legitimate interest, the agreement may consult with the provisions of the legislation on associations.
5. To make an inquiry on Communal Register of Associations must file a request to the responsible body, specifying the characteristics of the research. The body responsible may have an application form to proceed with this procedure. At the time of application, the applicant must specify the reason for the request.
Article 29 Assignment
The Municipal Register of Associations affiliated, is managed and organized from the Ministry responsible for public participation.
1. Corresponds to the Ministry said the organization, storage and preservation of the Register of Associations of Municipal Council of Andorra la Vella.
This record will be registered partnerships, and associations provided that the scope of its main activity is the parish of Andorra la Vella.
2. The Council of Andorra la Vella, may make, for statistical purposes, a functional classification of associations in connection with its sole purpose or primary purpose. This classification is public and any association may request the correction.
3. The Council of Andorra la Vella may use general data for research, publications and studies related to the associative of the parish.
4. May be given to computerized data that generally appear in the record.
5. The Council of Andorra la Vella ensure the protection of personal data that appear in the register in accordance with the provisions of Law 15/2003 of 18 December on personal data protection.
Article 30 Acts subject to registration
1. Must be entered in the Register of Municipal Associations:
a) The constitution of the association, the name, including the social, the main home and other premises, the territorial scope of action, the number of members and the appointment of the governing body.
b) Amendments to the bylaws, registration date of the changes affecting the data in the register.
c) The renewal of the governing body.
d) The dissolution of the partnership.
2. Agreements on the renewal of the governing body have been documented by a certificate issued by the Secretary with the approval of the President, both the board and that stops that is registered, and must accompany the acceptance of the positions of president and secretary of the new board.
3. The documents presented to the associations Communal Register of Associations for the registration must be authenticated with the signature of the secretary and the chairman of the governing body that appears enrolled, properly identified by name.
Article 31 Documents
Registration will take place at request of stakeholders, in any case, must submit the following documents or data:
a) completed application for registration in the Municipal Register of Associations.
b) Copy of the memorandum of association
c) Copy of Articles of Association.
d) program or annual report of its activities.
e) A copy of the document for registration in the Register of Associations of Government.
f) the company logo in digital format.
Article 32 Resolution of registration
1. In the fifteen days following receipt of the request for registration accompanied by the aforementioned data, the association will be notified of their registration in the Municipal Register of Associations. From this moment, be deemed discharged for all purposes.
2. The resolution of the qualified registration documents under which the registration is requested.
3. Associations are required to update the data in the first quarter of each year. Failure to comply with this requirement will lead to the fact that the Council of Andorra la Vella to give them the record low, with the loss of all rights that are recognized, obtaining grants or other assistance and cooperation • Joint ventures that give the associations of the parish.
4. The resolution accepting the registration of the association is given a registration number.
5. The registration number attributed correlatively.
Specific Rules for Title VII
Article 33 Rules for specific
a) For all grants to be awarded through a competitive, must adopt the relevant rules and regulations specific to jointly approve or before the call and can not contradict the regulations.
b) The competition for the specific approval of the rules corresponds to the Governing Board.
c) a notice published in the BOPA content of the regulations specific to the call which will determine the deadline for applications.
d) The specific content of the regulations will, at least the following:
- Eligibility for the subsidy, defining the period during which executed the activity or service for which the grant is requested.
- Requirements to be met by the beneficiaries and how to prove them.
- Maximum amount of grants and percentage of those regarding the cost of the subsidized program.
- Objective criteria for granting the subsidy and, where appropriate, weighting them.
- Body responsible for the planning, investigation and resolution of the granting procedure.
- Deadline for submission of applications according to BOPA publication of the notice of the call.
- Deadline for granted, not exceeding two months from the application.
- Payment.
- Time and a justification of the fulfillment of the purpose for which the grant.
- Budget which is allocated the amount of the grant.
e) The specific rules and regulations must contain the requirement that the activity or service sponsored or subsidized appears the logo of the community.
Derogatory
Are not all provisions of equal or inferior contrary to provisions of this Regulation for the granting of subsidies for the development of activities and social services, cultural, sporting and public utility to develop a the parish of Andorra la Vella.
Disposal
This Regulation shall enter into force the day after its publication in the Official Gazette of the Principality of Andorra.
Which is published for general knowledge purposes.
Andorra la Vella, 4 March 2010
Common OP
George Xandri CASINO
Secretary-General
Approval
Maria Rosa Ferrer OBIOLS
Consul Major
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