Resolution of October 19, 2012, from the Secretary of State for Infrastructure, Transport, and Housing, granting aid for training related to road transport regulated by Order FOM/3591/2008, of November 27.
http://www.boe.es/boe/dias/2012/10/25/pdfs/BOE-A-2012-13250.pdf
Official State Gazette, No. 257 of October 25, 2012, pages 75418 to 75431 (14 pages).
Section:
III. Other provisions
Department:
Ministry of Public Works
Reference:
BOE-A-2012-13250
PDF of the provision
TEXT
On December 11, 2008, the «Official State Gazette» published Order FOM/3591/2008, of November 27, approving the regulatory bases for granting aid for training related to road transport. Subsequently, on April 19, 2012, Order FOM/803/2012, of March 30, was published in the «BOE,» convening these grants for the year 2012.
The aforementioned Orders establish in their articles the requirements that applicants must meet to be beneficiaries of the subsidy, and the evaluation criteria that must guide their application, which are: the suitability of the topics under study to the public interest of road transport and the training needs of the sector, up to 10 points; courses determined in Annex II of Order FOM/803/2012, of March 30, shall be considered appropriate for these purposes. The degree of representativeness or implementation of the organizing entity, up to 5 points, the link of the entity to the road transport sector, up to 5 points, the specific content of the course, its duration and cost, up to 10 points, the volume of the training actions covered by these grants in previous years and their correct execution, as well as the correct compliance with the granting conditions in said exercises, up to 10 points.
The amount to be granted to each selected course or seminar is determined taking into account the provisions of Annex II of Order FOM/803/2012 of March 30 and the corresponding average costs assessed when the grants were awarded in previous exercises.
Subsequently, a list of potential beneficiaries is drawn up based on their membership or not in the National Road Transport Committee, given that non-members of said Committee will be awarded at least 10% of the available amounts. For this 2012 exercise, the maximum amount is €3,842,000, charged to budget item 17.39.453M.781 «Support Program for Non-profit Institutions and Entities Related to the Road Transport Sector,» in accordance with the provisions of Order FOM/803/2012, of March 30.
Therefore, once the procedure has been conducted in accordance with the provisions of article 6 of Order FOM/3591/2008, of November 27, 2008, and taking into account the provisions of the General Budget Law, the rest of the regulations governing administrative subsidies, and the existing budgetary availabilities, this Directorate-General has resolved:
First.
To grant the amounts detailed in Annex I to the applicants listed therein as compensation for training aid in the road transport sector.
Second.
To dismiss the rest of the applications submitted and not appearing in the aforementioned Annex I, for not meeting the requirements established in the Order regulating these grants or for not being of interest to the road transport sector, and which will appear as Annex II on the Ministry of Public Works website (www.fomento.gob.es).
Third.
To set November 15, 2012, as the deadline for beneficiaries to provide documentation of the completion of the courses to proceed with the collection of the subsidy, or alternatively, to submit the proof of the constitution of a guarantee before the General Deposit Fund. This guarantee will be for the total amount of the subsidy, or the portion thereof for which the mandatory expenditure justification has not been completed. In the event of the submission of a guarantee, the deadlines established in the Regulatory Bases of the grants, Order FOM/3591/2008 of November 27, shall be complied with.
Fourth.
The implementation of the subsidized training actions shall be communicated in writing thirty natural days before their start date. The communication shall contain the necessary information to allow monitoring and control of the execution of the training actions.
Fifth.
Beneficiaries must comply with the justification rules for training actions set forth in articles 30 and 31 of Law 38/2003, of November 17, General Subsidies. To this end, and in accordance with the provisions of article 30.2, a Model Justification Account Annex is attached. Its submission shall be made within the deadlines established in the aforementioned regulation.
Sixth.
The completion of the courses shall be justified by the submission of the following documentation: Justification Account; course report containing the identifying data thereof; invoices, receipts, or supporting documents, duly issued and proving payment of the expenditure; list of enrolled students and course attendees; copy of the ID cards of the students; attendance record; receipt of didactic material; copy of each of the texts provided to the students; certificate of payment or non-payment by the course attendees and, if applicable, amount and reason; declaration of non-concurrence of aid, and finally, if they are Dangerous Goods courses, the certificate issued by the corresponding Provincial Traffic Headquarters for their completion, or other reliable evidence that the course has been completed.
This Resolution is issued by Delegation of the Secretary of State for Infrastructure, Transport, and Housing, and will conclude the administrative procedure, and may be optionally challenged through an appeal for reversal before the same authority, within one month, in accordance with the provisions of articles 116 and 117 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure, in the wording given by Law 4/1999, of January 13, or directly, by filing contentious-administrative appeal before the Contentious-Administrative Court of the National High Court, in accordance with the provisions of article 11 a) of Law 29/1998, of July 13, on Contentious-Administrative Jurisdiction, within a period of two months from the day following the publication date of this Resolution in the «Official State Gazette,» in accordance with the provisions of article 46.1 of the aforementioned Law 29/1998.
Madrid, October 19, 2012. – The Secretary of State for Infrastructure, Transport, and Housing, P.D. (Order FOM/1644/2012, of July 23), the Secretary General of Transport, Carmen Librero Pintado.