Aviso: Translation: Order dated December 3rd 2018 which establishes the Funding Rules for awarding grants for the Galician book sector
Translation: Order dated December 3rd 2018 which establishes the Funding Rules for awarding grants for the Galician book sector
Order dated December 3rd 2018, which establishes the Funding Rules for awarding grants for the Galician book sector, on a competitive basis, regarding the translation of works originally published in Galician into other languages and the translation of works published originally in other languages into Galician, as well as the publication and the launch of its Call for the year 2019
In accordance with the specific functions assigned by the competency framework, the Ministry of Culture and Tourism of the Galician Government (Xunta de Galicia) is responsible for promoting the cultural enrichment of Galician society and making its materials available for personal development within the scope of creation, thought, technique, leisure or any other in which people can express themselves, form or transform their essential perception of the world in which they live.
Likewise, it is the responsibility of this Ministry to promote the dissemination of the intellectual and creative production of Galicia in other cultures and, at the same time, to facilitate access to the texts originally produced in other languages and countries to Galician citizens, in order to contribute to the cultural exchange and the configuration of a plural and integrated society.
It is also the responsibility of the Ministry to support publishing production and the editing of works that are of general interest for the Autonomous Community of Galicia.
For this reason, the Ministry of Culture and Tourism, within the scope of its responsibilities, in the use of the powers conferred upon it, and in accordance with the provisions under Law 9/2007 dated 13 June, on support grants in Galicia, establishes funding to support the Galician book sector, aimed at translating works originally published in Galician into other languages and translating works published originally in other languages into Galician, so that meaningful texts produced abroad can be found in our community and in our language, while at the same time, our authors have channels through which to export their production. Likewise, the editing of these translated books is subsidised as a necessary measure to achieve the ultimate goal of publishing and marketing books, and thus contribute to the enrichment of the Galician bibliographic heritage.
In the performance of these responsibilities, the Ministry of Culture and Tourism wants to establish an instrument under this Order that, in accordance with current legal regulations, sets the guidelines for distribution, according to the criteria of publicity, objectivity and equal rights, of the resources allocated to book publishing, in line with the provisions under Law 9/2007 dated 13 June, on support grants in Galicia.
This Order falls under Article 25.1.a) of Decree 11/2009 dated 8 January, which approves the regulation of Law 9/2007 dated 13 June, on support grants in Galicia, as a preliminary expense report, and there is sufficient and adequate credit provided in the draft budget of the Autonomous Community of Galicia for the fiscal year 2019.
By virtue of the above, in the exercise of the powers conferred upon this Ministry under Article 34 of Law 1/1983 dated 22 February, governing the Galician Government and its Presidency, amended partially by Law 11/1988 dated 20 October,
Article 1. Purpose
1. The purpose of this Order is to establish the Funding Rules that will regulate the procedure for awarding grants, on a competitive basis, to those individuals or legal entities who can prove their status as publishers, in accordance with the provisions under this Order. Procedure Code CT221C.
The funding is aimed at publishing production to support the Galician book sector, regarding the translation of works originally published in Galician into other languages and the translation of works published originally in other languages into Galician. The special difficulty of translating the literary genre of poetry is taken into account.
The edition of books translated under this order is also subsidised, financing the editing costs, such as those of design and layout, prepress, printing and finishing.
2. The purpose is also to hold a call for this grant for the year 2019.
Article 2. Beneficiary entities
1. Those individuals or legal entities who can prove their status as publishers in accordance with the provisions under this Order can be beneficiaries of the grant aid for translation and publishing.
2. In any case, they will be subject to the limitations established by the following item in this article.
3. Applicants that fall under the cases covered in items 2 and 3 of Article 10 of Law 9/2007 dated 13 June, on support grants in Galicia, can not benefit from the aid included in this Order.
Article 3. Budget allocation and size of the grants
1. The grants will be awarded under the heading 11.20.432A.770.0 of the expenditure budget in the overall budget of the Autonomous Community of Galicia for the year 2019, in an amount of €90,000 and, under the 2020 budget, the amount of €110,000.
2. The maximum amount awarded by means of this Order amounts to two hundred thousand euros (€200,000.00), as follows:
A) For translations from other languages into Galician, 60% of the planned total budget is allocated, which amounts to 120,000 euros.
B) For translations from Galician into other languages, 40% of the planned total budget is allocated, which amounts to 80,000 euros.
C) Those projects that, after applying the scale provided in this Order, have a score of less than 50% of the total maximum, will be excluded from this aid.
D) The funding can not exceed 6,000 euros in any case.
3. This initial amount may be increased based on the availability of budget funds, which may result in awarding more grants, in accordance with the provisions under Article 31.2 of Law 9/2007 dated 13 June, on support grants in Galicia.
4. The final amount awarded to each project shall be determined in proportion to the result of the valuation resulting from the application of the scale established in Article 12 of this Order, with the limitations set out in this article.
5. In the event that there is any remaining budget surplus, the credit may be redistributed between sections A and B of item 2 of this article.
6. This report will be processed pursuant to Article 25.1.a) of Decree 11/2009 dated 8 January, approving the regulations under Law 9/2007 dated 13 June, on support grants in Galicia, as a preliminary expense report, with sufficient credit provided in the draft budget of the Autonomous Community of Galicia for the year 2019. By virtue of the above, and in accordance with the provisions under the Order of the Ministry of Economic Affairs and Finance dated 11 February 1998, on advance processing of expense reports, amended by the Orders of the same Ministry dated 27 November 2000 and 25 October 2001, the awarding of grants is subject to the existence of adequate and sufficient credit in the Law on Overall Budgets in the Autonomous Community of Galicia for the year 2019.
Article 4. Nature and types of aid
1. The funding established in this Order to support the Galician book sector remains subject to Commission Regulation (EU) No. 1407/2013 dated 18 December 2013, relating to the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (The Official Journal of the European Union (OJ) dated 24 December 2013, L352/1).
2. The funding must meet the conditions for exemption and the limits indicated in Regulation (EU) No. 1407/2013. The total amount of de minimis aid granted to a company can not exceed €200,000.00 in a period of three fiscal years. This threshold will be applied regardless of the form of the aid or the objective pursued. De minimis aid will not be accumulated with any state aid corresponding to the same eligible expenses if this accumulation results in aid intensity higher than that established for the specific circumstances of each case by the Community regulations.
3. The aid granted under this call is compatible with any other that could be granted for the same purpose. However, the amount of the aid may not exceed in any case, alone or together with grants from other public administrations or from other public or private entities, national or international, the cost of the action carried out by the beneficiary entity.
Article 5. Applications
1. Applications shall be submitted preferably by electronic means through the standardised form available at the electronic office of the Galician Government, https://sede.xunta.gal, in accordance with the model set out in Annex I.
2. Online submission shall be compulsory for publishers that are legal entities and for their representatives, in accordance with the provisions under Article 14.2.a) and d) of Law 39/2015 dated 1 October, on the Common Administrative Procedure of Public Administrations. In case they submit their applications in person, they will be required to correct them through their online submission. In these cases, the date on which the correction was made will be considered as the submission date of the application.
3. Publishers that are individuals may optionally submit their applications in person, at any of the places and registries established in the regulatory guidelines of the Common Administrative Procedure through the standardised form available at the electronic office of the Galician Government.
4. For the submission of applications, any of the identification and signature mechanisms permitted by the electronic office of the Galician Government, including the Chave365 user and password system (https://sede.xunta.gal/chave365) may be used.
Article 6. Deadline for the submission of applications
The deadline for submission of applications will be one month from the day after the publication of this Order in the Galician Official Gazette (Diario Oficial de Galicia).
Article 7. Additional documentation required for the application procedure
1. The following documentation must be submitted with the application:
A. Documentation of a general nature. In the event of several applications from the same publisher, this documentation will only be submitted once:
- If applicable, supporting documentation verifying proof of the representation of the person acting in the name of the applicant publisher, be it an individual or legal entity. The representation must be certified through the standard form available in the electronic office of the Galician Government or by any other legally valid means. The standard form can be downloaded at the following link: https://sede.xunta.gal/modelos-normalizados.
- Copy of the last receipt for tax on economic activities, exemption certificate, if applicable, or sworn statement of such exemption.
- The updated catalogue of the production carried out by the publisher or the website link where it can be found.
- If the publisher, be it an individual or legal entity, is not registered with the databases of the State Tax Administration Agency and/or the General Social Security Treasury and/or the Department of Finance of the Galician Government, it must provide a certificate stating the reason why it is not registered with these databases.
B. Specific documentation referring to the works expected to be translated:
- Schedule of investments to develop each editorial project.
- Contract model that the publisher would sign with the translator of the work, in accordance with the provisions under the Intellectual Property Law, which must state the amount of the translation.
-In the case that the publisher has its own translation team, certification accrediting that the person responsible for the translation is included in its staff, in a category that enables him/her to carry out such work.
- A full copy of the work for which the aid is requested. This document must be submitted in hard copy as set out in Article 8 paragraph 7.
- Proof of having the rights necessary for the publication of the work.
- Expected distribution plan, based on publisher’s evidence or, as the case may be, with a rationale for the expectations.
- In electronic publications, it will suffice to prove that the book can be purchased through the publisher’s website or any accessible sales platform in the target country.
- Curriculum vitae of the translator, stating the projects in which he/she has proven participation, number of translated works, awards, etc.
- Brief reference of the benefit of the project for the current list of titles.
C. Documentation for publishers outside of Spain
Applicant publishers outside of Spain, whether individuals or legal entities, must provide proof of the same requirements as Spanish publishers in this Order, and to do so, they must provide the equivalent documentation in accordance with the legislation in force in their country; those provisions provided for under Article 7 and those provided for under Article 9, which can not be verified.
2. Documents that have already been submitted will not be necessary. For these purposes, the interested party must state at what time and before which administrative body they were submitted. It will be presumed that access to these documents is authorised by the publishers, unless its express objection appears in the procedure.
3. In the event of physical impossibility to obtain the document, the competent body may require its submission or, in the absence thereof, the accreditation by other means of the contents referred to in the document, prior to the draft decision proposal.
4. The documentation that is submitted with the application must come in one of the two official languages of Galicia or, in other cases, accompanied by its corresponding translation, certified by the applicant publisher, who will be responsible for the veracity of the translation.
5. The Directorate General for Cultural Policies may request applicants to submit additional or original documentation that it deems necessary to provide proof of the information contained in the application, including delivery notes, invoices, certificates of print run and distribution.
Article 8. Submission of the additional documentation
1. Publishers that are legal entities and their representatives must submit the additional documentation electronically through the electronic office of the Galician Government, in accordance with the provisions under Article 14.2.b) and d) of Law 39/2015 dated 1 October. In the event that the additional documentation was submitted in person, they will be required to correct them through their online submission. In these cases, the date on which the correction was made will be considered as the submission date.
2. Publishers that are individuals should submit the documentation preferably electronically. They may also submit it in paper format, by any of the means established under Article 16.4 of Law 39/2015 dated 1 October.
3. Publishers, both individual and legal entities, shall be responsible for the veracity of the documents they submit. Copies of the documents will be of the same validity and effect as their originals, as long as there is evidence that they are authentic. As an exception, the Directorate General for Cultural Policies may require the exhibition of the original document for its comparison with the submitted electronic copy.
4. In the event that the submission of documents is done separately from the application, the code and the body responsible for the procedure, the application entry registration number and the file number must be stated if they are available.
5. In the event that any of the documents to be submitted electronically exceeds the established maximum sizes or has a format not permitted by the electronic office of the Galician Government, in-person submission will be allowed within the established deadlines and in the manner indicated in the previous paragraph. The updated information on the acceptable maximum size and the formats can be found at the electronic office of the Galician Government.
6. As an exception, the documentation referring to the submission of a full copy of the work for which the aid is requested, provided for under Article 7 section B, must be submitted in hard copy, since its electronic filing is impractical, in order to better streamline administrative resources and for legal reasons. The aforementioned documentation may be presented by any of the means established in article 16.4 of Law 39/2015 dated 1 October on the Common Administrative Procedure of Public Administrations, addressed to the Directorate General for Cultural Policies, Office of Books and Publication Services located at Cidade da Cultura. Monte Gaiás, s/n. 15781 Santiago de Compostela.
Article 9. Verification of data
1. To process this application procedure, the data included in the following documents prepared by the public administrations will be automatically consulted:
a) Spanish national identity document or, where applicable, foreign citizen identification number of the applicant, if the applicant publisher is an individual.
b) Spanish national identity document or, where applicable, foreign citizen identification number of the person representing the applicant publisher, be it an individual or legal entity.
c) The publisher’s tax identification number (TIN), when it is a legal entity.
d) Registration for the Tax on Economic Activities referred to in this subsection corresponding to editing books.
e) Certificates from the Axencia Estatal de Administración Tributaria [Spanish Tax Agency]), the Tesourería Xeral da Seguridade Social [General Social Security Treasury] and the Ministry responsible for Inland Revenue of the Galician Government, accrediting the fulfilment of the tax and social security obligations, and not having any other outstanding debt with the Public Administration of the Autonomous Community of Galicia.
2. Publishers outside of Spain that do not have the documentation provided for in the previous paragraph must submit their equivalent, in accordance with the legislation of their country of origin, since it can not be automatically verified.
3. When the interested parties oppose these queries, they must state it in the corresponding boxes authorised for this purpose in the application and, at the same time, attach the appropriate documents.
4. In the event that any circumstance makes it impossible to obtain the above-mentioned data, the interested parties may be requested to submit the corresponding documents.
Article 10. Correction of applications
If the submitted documentation is incomplete or has correctable errors, the applicant will be required to rectify the error or provide the mandatory documents within 10 business days, with the warning that, if not done so, their applications will be deemed withdrawn, in accordance with the provisions under Article 20.5 of Law 9/2007 dated 13 June, on support grants in Galicia, after the appropriate decision under Article 21 of Law 39/2015 dated 1 October, on the Common Administrative Procedure of Public Administrations.
Article 11. Examination procedure
1. The procedure for awarding grants covered in this Order will be processed on a competitive basis, pursuant to the provisions under Article 19.1 of Law 9/2007 dated 13 June, on support grants in Galicia. In order to comply with the stated principle of competitiveness, the applications will be examined by an evaluation committee that will be in line with the provisions contained in section 3 of Law 40/2015 on the legal system in the public sector.
2. The General Sub-Directorate for Libraries is responsible for the examination procedure for awarding grants and will develop, on its own initiative, any actions deemed necessary for the determination, knowledge and verification of the data by virtue of which the decision proposal must be formulated.
3. The files will be evaluated by a collegiate body according to the criteria established in this Order. Such collegiate body, the evaluation committee, will consist of the following members:
- Chair: the Head of the General Sub-Directorate for Libraries
- Secretary: a career civil servant of the General Sub-Directorate for Libraries, appointed by the Head of the General Directorate for Cultural Policies.
• The Head of the Office of the Libraries System Services and the Head of the Office of Books and Publication Services
• An expert as proposed by the Council of Galician Culture
• Two experts as proposed by the associations of translators or institutions related to the field of translation
• An expert in literature, essay, thought and science designated by the Head of the Directorate General for Cultural Policies
•A career civil servant of the General Sub-Directorate for Libraries
In the absence of any of the members of the committee, such member may be replaced by another person designated for that purpose by the Head of the Directorate General for Cultural Policies.
4. The applications that comply with the requirements established in this call will be evaluated in accordance with the criteria established under Article 12 of this Order and the economic distribution will be made in proportion to the scores obtained, within the limits determined in Article 3 thereof.
5. No project may receive a grant that exceeds the total cost thereof.
Article 12. Evaluation criteria
1. The submitted applications will be assessed by the evaluation committee, referred to in Article 11 section 3, in accordance with the following criteria by descending order of priority and with the maximum scores that appear in the list:
1) No. of editions of the work that will be translated in any language published within the last twenty five years:
a) Between 2 and 5 editions: 10 points
b) Between 6 and 8 editions: 13 points
c) Between 9 and 12 editions: 15 points
d) 13 editions or more: 1 extra point for every 5 editions, up to a maximum of 20 points
Maximum score in this section: 20 points
2) Currentness of the work
For works originally published within the last 10 years: 10 points. A print run of a minimum of 500 copies shall be proven.
Maximum score in this section: 10 points
3) For works with intellectual property rights in force: 5 points
Maximum score in this section: 5 points
4) For the translation of works originally written in Galician:
Presence of Galician works in the publishing catalogue: 1 point for each title, up to a maximum of 10 points.
Maximum score in this section: 10 points
5) Curriculum vitae of the person responsible for the translation and estimation of the foreseeable quality of their work, according to the quality and the faithfulness estimated by experts:
a) Editorial projects in which the translator has proven his/her participation: up to 12 points
b) Estimated quality of his/her career as a translator: up to 12 points
c) Awards, honours and recognition obtained within the specific field of translation: up to 1 point.
Maximum score in this section: 25 points
6) Confirmed distribution plan and weighting of its feasibility:
a) Predictable impact on the market: up to 5 points
b) Distribution in bookshops or to distributors throughout Galicia or another Autonomous Community: 4 points
c) Distribution in bookshops throughout Spain: 4 points
d) Distribution in bookshops in another country: 3 points
e) Distribution in electronic format: 3 points
f) Another type of distribution channel or areas of interest: 1 point
Maximum score in this section: 20 points
7) Significance of the project for Galician culture
In this section, the experts will take into account the contribution of the project to the following aspects:
a) Dissemination of Galician cultural heritage, in its various manifestations, referring to the author of the work, its validity and its sociocultural impact: up to 10 points
b) Contribution of the work to the dissemination of the image of Galicia as an advanced society: up to 10 points
Maximum score in this section: 20 points
8) If it is a translation of a poetic work: up to a maximum of 5 points, depending on the interest and difficulty estimated by the evaluation committee.
Article 13. Decision proposal
Once the projects have been evaluated according to the criteria established in Article 12 of this Order, the evaluation committee will prepare a provisional decision proposal, which will include a list indicating the score awarded to each project.
This provisional proposal will be made public on the website of the Directorate General for Cultural Policies http://www.cultura.gal. In it, the proposed score for each accepted project will be shown, as well as the grounds that determined the exclusion of the remaining applications. The publishers will have 10 business days, starting on the day following that of publication of the provisional proposal, to present the arguments they deem appropriate on this proposal before the Directorate General for Cultural Policies, Sub-Directorate General for Libraries, in the places and on the form indicated in Article 5 of this Order.
In any case, publishers that submit arguments will send them in an e-mail to the Directorate General for Cultural Policies, Sub-Directorate General for Libraries, at the following address: email@example.com, in which they will state the day they submitted the argument and the reason for it.
Article 14. Decision
Once the claims have been reviewed, if any, and when the final assessment has been carried out, the evaluation committee will draw up a report, including the outcome of the aforementioned assessment, which will be communicated to the Head of the Directorate General for Cultural Policies, along with the proposed decision. The Head of the Directorate General for Cultural Policies will issue the grant award decision, by delegation of the Head of the Ministry of Culture and Tourism, within 15 days from the day of submission of the proposed decision, in accordance with the provisions of Article 34 of Decree 11/2009 dated 8 January, approving the regulations under Law 9/2007 dated 13 June, on support grants in Galicia.
The final decision will be published in the Galician Official Gazette and on the website http://www.cultura.gal
The amount of the aid (in gross grant equivalent) and its exempted “de minimis aid” status must be communicated in writing to the beneficiary in application of Commission Regulation (EU) No. 1407/2013 dated 18 December 2013, on the application of Articles 107 and 108 under the Treaty on the Functioning of the European Union to de minimis aid (The Official Journal of the European Union (OJ) 24/12/2013, L352/1).
Article 15. Notification and denial
1. Notifications of decisions and administrative acts will be carried out preferably by electronic means and, in any case, when the interested parties are obliged to receive them through this means. Interested parties who are not required to receive electronic notifications may decide and advise, at any time, that successive notifications are carried out or are no longer carried out by electronic means.
2. Electronic notifications will be made through the Electronic Notification System of Galicia - Notifica.gal available through the electronic office of the Galician Government (https://sede.xunta.gal). This system will send interested parties notices of availability of notifications at the e-mail and/or mobile phone account that appear on the application. These notices will not, in any case, have effects of notification carried out, and the absence thereof will not prevent the notification from being considered fully valid.
3. The interested parties must expressly state the chosen method for notification (electronic or hard copy). If the interested parties are obliged to receive notifications only by electronic means, they should opt in any case for notification by electronic means, without a different option being valid or having effects in the procedure.
4. Notifications by electronic means shall be considered carried out at the time in which access to its content occurs. When the notification by electronic means is mandatory, or was expressly chosen by the interested party, it will be deemed rejected when ten calendar days have elapsed after a notification has been made available without its contents having been accessed.
5. If sending the electronic notification is not possible due to technical problems, the General Administration and the entities in the autonomous public sector of Galicia will do the notification by the means provided for in the regulations governing the common administrative procedure.
6. The deadline to issue and notify the interested parties of the explicit decision can not exceed five months, as established in Article 23.4 of Law 9/2007 dated 13 June, on support grants in Galicia. The period will be calculated from the day of the publication of this Call in the Galician Official Gazette.
7. The expiration of the deadline without notice of the explicit decision authorises the interested party to consider his/her application denied by administrative silence.
Article 16. Publication of proceedings
All administrative decisions taken, both provisional and final, shall be published in the Galician Official Gazette in accordance with the provisions of Article 45 of Law 39/2015 dated 1 October on the Common Administrative Procedure of Public Administrations, in line with the regulations governing the common administrative procedure.
They shall also be publicized on the web page https://www.cultura.gal
Article 17. Administrative formalities subsequent to the submission of applications
The electronic office of the Galician Government enables all interested parties to conduct electronic procedures once the proceedings have been initiated by accessing the individual Citizen Folder. When the interested party is not required to submit applications electronically they may also be submitted in person at any of the sites and registries designated in the regulations governing the common administrative procedure.
Article 18. Acceptance of grants
Once the final decision has been communicated by the competent body, interested parties proposed as beneficiaries will have a period of 10 days to give their acceptance. Once this time period has elapsed without an express statement, it will be considered as tacitly accepted, unless within the same time period, formal and express notice is given renouncing the awarded grant, duly signed by the representative of the beneficiary.
In the event that a publisher does not accept the aid or renounces it, the examining body may formulate the proposal for an additional decision, awarding the amount available to the applications evaluated by the committee that did not receive aid due to budget constraints, in accordance with the established scoring order.
Article 19. Justification
1. In order to receive the support grant, publishers that benefit from the aid are obliged to provide proof of the realisation of the subsidised projects and to justify the totality of the budget within the period established in this Order. If the totality of the project budget is not justified, the support grant will be reduced in the same proportion.
2. The justification of the aid must be done as follows:
The amount corresponding to the first annual instalment (45% of the total budget) will be released before 1 November 2019, after the acceptance of the aid by the beneficiary and the submission of the following documentation:
- A copy of the contract signed with the translator, which shall be stated after the publication of this Order in the Galician Official Gazette.
For the payment of the second annual instalment (55% of the total budget), the following documentation must be submitted before 1 November 2020:
- The invoice together with the proof of the payment made to the translator.
- Three copies of the edited translation. When the book is edited exclusively in digital format, the publisher must provide a copy in EPUB format that will authorise up to 1,000 downloads. In the event of books that are edited simultaneously in hard copy and digital format, only three hard copies must be sent. In this case, both of the formats shall be considered as eligible expenditure.
- The invoice and proof of payment to the printing company.
- The other expenses corresponding to the edition, such as those of design and layout, prepress, printing and finishing, must be justified by the corresponding invoice and proof of payment.
Article 20. Payment
1. Pursuant to the provisions under Article 29.2 of Law 9/2007 dated 13 June, on support grants in Galicia, those expenditures that can be proven between the date of publication of the decision awarding the grant and the time period of justification provided in this Order shall be considered incurred and paid.
2. Proof of payment of invoices is considered as follows:
- Bank proof of payment by the beneficiary (bank transfer, bank receipt of cash deposit through the teller, bank certification), in which the number of the invoice covered by the payment is recorded.
- Identification of the person making the payment, which must coincide with the beneficiary of the aid.
- Identification of the person receiving the payment, which must match the person, company and entity that issued the invoice.
3. As an exception, cash payments will be accepted when the amount, individually or jointly per supplier, does not exceed €1,000. In this case, payment shall be justified by the invoice signed and sealed by the supplier in which the statement “received in cash” appears.
4. Once the established proof of payment time period has elapsed without being carried out before the competent administrative body, this body will require the beneficiary to submit the proof in the non-extendable time period of ten days. Failure to submit the proof of payment within the established period shall entail the loss of the right to receive all or part of the grant, the demand for reimbursement and other obligations established under the Law on Support Grants in Galicia, in accordance with the provisions under Article 45.2 of Decree 11/2009 dated 8 January, approving the regulations in the above-mentioned Law.
5. The Directorate General for Cultural Policies may at any time require any documentation that it deems appropriate for the justification of the aid.
6. When activities were funded, in addition to the grant, with own funds or other grants or resources, the amount, origin and application of such funds must be proven in the justification for such subsidised activities, as stipulated in Article 28.6 of Law 9/2007 dated 13 June, on support grants in Galicia.
Article 21. Obligations of the beneficiaries
1. The beneficiaries of this aid are subject to the obligations set out in Article 11 of Law 9/2007 dated 13 June, on support grants in Galicia.
2. The beneficiaries of the grant shall state the following text in all generated communication and publicity: “This work received a grant from the Directorate General for Cultural Policies of the Ministry of Culture and Tourism of the Galician Government in the call for grants for translation and/or publication in the year 2019” and they will also comply with current regulations required for legal deposit.
3. At the time of providing proof of payment for the total execution of the project and, in any case, before the last payment, the applicant must submit an additional statement of the requested grants, both those approved or granted and those pending settlement, for the same project, from the different competent public administrations, or any of its agencies, entities or companies.
4. The beneficiaries of this aid must submit the documentation substantiating that the subsidised work has been published, expressly certifying the number of copies published. The examining body will be able to verify, through the usual distribution channels, that the works have actually been launched on to the Galician publishing market or the areas for which the subsidised project is intended, and will require, where appropriate, the supporting justification of this issue.
5. The beneficiaries must comply with the advertising requirements established under Article 18 of Law 38/2003 dated 17 November, General Subsidies Act, amended by Article 30 of Law 15/2014 dated 16 September, on streamlining the public sector and other measures of administrative reform.
6. If any element likely to generate a copyright is used to carry out the activity under the grant, the provisions of the regulations on intellectual property must be complied with.
7. The beneficiaries of the aid will be obliged to provide all information required by the Public Accounts Department of the Autonomous Community, the Spanish Court of Audit or the Audit Council in the exercise of their duties of auditing and oversight of the use of the aid.
Article 22. Repayment of the aid and sanctioning procedure
1. The total or partial reimbursement of grants and public aid received will be carried out under any of the circumstances set out in Title II of Law 9/2007 dated 13 June, on support grants in Galicia.
2. In the event that the person receiving the aid fails to comply with any of the stipulated conditions or obligations, the Ministry of Culture and Tourism will open the corresponding sanctioning file, in accordance with the provisions of Title IV of Law 9/2007, cited in the previous item.
3. Any change in the conditions observed for awarding the grant and, in any case, obtaining concurrent grants or aid awarded by other administrations or public or private entities, national or international, may result in a change in the grant award decision.
Article 23. Transparency and good governance
1. Pursuant to Article 17 of Law 1/2016 dated 18 January, on transparency and good governance and Article 15 of Law 9/2007 dated 13 June, on support grants in Galicia, the Ministry responsible will publish on its official website the list of beneficiaries and the amount of the aid awarded. It will also include the above-mentioned aid and sanctions that, as a result of these, could be imposed in the corresponding public records, so the submission of the application entails the authorisation for the required processing of the data of the beneficiaries and the aforementioned advertising.
2. In accordance with the provisions of article 4 of Law 1/2016 dated 18 January on transparency and good governance, natural and legal persons benefiting from subsidies are required to provide all the information necessary for the fulfilment by that body of the duties provided for in Title I of that law upon request of the Administration, body or entity specified in article 3.1 of Law 1/2016 with which they are associated.
3. Moreover, in accordance with the provisions under Articles 17.3.b) and 20.8.a) of Law 38/2003 dated 17 November, General Subsidies Act, the information required by this law, the text of the call for publication in the above-mentioned database and its extract in the Galician Official Gazette will be transmitted to the National Subsidies Database.
Article 24. Regulatory reference
The following established laws and provisions shall be complied with in the implementation of this Order:
a) Law 9/2007 dated 13 June, on support grants in Galicia
b) Decree 11/2009 dated 8 January, approving the regulations under Law 9/2007 dated 13 June, on support grants in Galicia
c) Law 4/2006 dated 30 June, on Transparency and Good Practices of Galician Public Administration
d) Law 38/2003 dated 17 November, General Subsidies Act, regulating the requirements for awarding and justifying funding granted by Government Agencies. This Law contains basic rules that are applicable to the regulations of this Autonomous Community, and consequently, to this Call Order.
e) Royal Decree 887/2006 dated 21 July, approving the regulations under Law 38/2003 dated 17 November, General Subsidies Act.
f) Law 39/2015 dated 1 October, on the Common Administrative Procedure of Public Administrations
g) Law 40/2015 on the legal system in the public sector
Article 25. Appeal
The interested party can file a contentious-administrative appeal against these decisions, which exhaust all administrative remedies, before the High Court of Justice of Galicia, within two months from receipt of the notification of the decision, or an optional administrative appeal for review before the Head of the Ministry of Culture and Tourism, within one month from receiving the decision.
Additional provision. Basic information regarding personal data protection
The personal data collected in this procedure will be handled by the Ministry of Culture and Tourism of the Galician Government (the data controller) for the purposes of carrying out administrative processing arising from the management of this procedure and for the purpose of updating the information and contents of the Citizen Folder.
The treatment of the data is based in the performance of a task carried out in the public interests or in the exercise of official authority, in accordance with the regulations set out in the procedure file included in the Guide of Procedures and Services in the attached form and in the references included in https://www.xunta.gal/informacion-xeral-proteccion-datos. However, certain processing operations may be based on the consent of the interested parties as specified in the aforementioned form.
The data will be communicated to the Public Administrations in the exercise of their duties as and when necessary for the processing and resolution of their procedures or in order to enable citizens to access the relevant information in a comprehensive manner.
In order to provide the procedure with the required publicity, the identifying data of the interested party will be published as described in the present regulation via the different institutional means of communication available to the Galician Government, such as official gazettes, web pages or bulletin boards.
Interested persons may access, rectify and delete their data, as well as exercise other rights or withdraw their consent, through the electronic office of the Galician Government or in person in the places and registries established in the regulations governing the common administrative procedure, as explained in the additional information section at https:// www. xunta.gal/protección - datos - persoais.
First Final Provision
The Head of the Directorate General for Cultural Policies, within the scope of his/her authority, is authorised to issue the decisions required to implement this Order.
Second Final Provision
This Order will enter into force on the day following its publication in the Galician Official Gazette.