Article 1 of Act 8/1994 on relations with overseas Basque Communities and Centers states that the objective of the law is to promote, support and  strengthen relations between the Basque Country, people and public institutions, and the Basque Communities and Centers overseas.

By reinforcing these relations, the fundamental objectives, according to the aforementioned legal text, are to strengthen the internal cohesion of Basque Communities and contribute to the effectiveness of their organizational activities; to maintain and reinforce the bonds between Basque communities overseas and the Basque Country; to encourage outreach to Basque communities around the world, aimed at increasing awareness of the reality of the Basque Country by promoting educational activities and contributing to the progress and growth of Basque culture; and foster cultural relations with the different nations where Basque communities have settled.

Pursuant to the aforementioned law, in addition to financial aid, Basque Centers may be eligible for any other type of subsidy established by the Basque Public Administration in the framework of their respective competences in order to achieve the objectives envisaged in this law.

Among the different types of aid procured by the Public Administration for Basque Centers are programs aimed at encouraging Basque Centers overseas to participate in different cultural activities, thus contributing to Basque cultural awareness abroad; the same treatment is applied to organizations that keep our cultural heritage alive in the Basque Autonomous Community.

By virtue of the above, on a proposal from the Presidency and following approval by the Basque Cabinet of Ministers in a session held on 29 July 2003,

I STIPULATE:

Article 1.– Objective of the regulation and annual call for candidates.

The purpose of this Decree is to regulate the program of subsidies for cultural tours to countries in which Basque Centers are located.

The grant program will be announced on a yearly basis through a Directive from the Secretary of the Presidency. The Directive will state the purpose for the call for candidates, the time frame, weighting and, where applicable, adjudication criteria, the maximum amount of aid awarded, where and when applications must be submitted, and the composition of the Assessment Commission.

Article 2.– Beneficiaries.

Any physical or legal person with residence in the Basque Autonomous Community whose objectives include the delivery of cultural services is entitled to apply for the subsidies regulated by this Decree.

Adjudication and, where appropriate, payment of subsidies and grants to recipients shall be contingent upon the termination of any reimbursement or disciplinary proceedings which, initiated in the framework of grants or subsidies of the same nature awarded by the General Administration of the Basque Autonomous Community and its autonomous bodies, are still pending.

Article 3.– Subsidized activities.

The subsidies shall be used to cover travel expenses for tours designed by the recipients and agreed upon by the Euskal Etxeak affiliated Basque Centers, Federations and Confederations, as defined in articles 2 and 6 of Act 8/1994, dated 27 May. Funding limits shall be stipulated in the Directive to call for subsidy applications.

Article 4.– Assessment and adjudication criteria.

1.–Subsidies will be awarded on a competition basis. For the purposes of this Decree, 'competition basis' shall be understood to mean the procedure by which grants or subsidies are awarded on the basis of comparison between applicants according to previously defined assessment criteria. Applicants will be awarded a certain number of points according to the aforementioned criteria, and only those with the highest score will receive financial aid.

The Assessment Commission will evaluate the criteria previously defined and weighted in the Directive to call for subsidy applications, which, in all cases, shall refer to the following aspects:

a) Contracted activities during the tour between Basque communities overseas

b) Potential target public

c) Reasonability of the budget requested

d) Activity's success in the Basque Country (awards, number of contracted events)

e) Importance of activity to the life of the Basque Centers

f) Participation of young people in the Basque Centers

g) Incorporation of a gender perspective

2.– The Directive to call for subsidy applications will establish a minimum required score in order for any tour programs to receive funding. The amount of funding awarded will be in proportion to the points obtained by the physical or legal person applying for the subsidy, up to 100% of the budget allocated for the call for candidates.

Article 5.– Managing body.

The management of these subsidies is the responsibility of the General Secretariat for Overseas Affairs, through the Department of Relations with Basque Communities.

Article 6.–Compatibility with other subsidies.

These subsidies are compatible with funding for the same purpose awarded by any other public or private institution, provided that it does not result in over-financing. In such cases, the total of the subsidy will be reduced to the maximum corresponding limit.

Article 7.– Applications.

1.– The person or entity applying for the subsidy shall submit the application as defined in the annual Directive to call for subsidy applications, and include the following documents:

a) A narrative describing the planned activity, including graphic documentation.

b) Detailed description of the tour agreed upon by the Euskal Etxeak affiliated Basque Centers, Federations or Confederations hosting the tour.

c) Detailed budget expressed in euros.

d) Proof of the repercussion and acceptance of the proposed activity in the Basque Country (awards, number of events).

e) Photocopy of applicant's National Identity Card or Tax ID number.

f) Copy of Articles of Association in the case of organizations or companies.

g) Written proof of the tour agreement signed by the host Euskal Etxeak affiliated Basque Centers, Federations or Confederations.

2.– The application must be signed by the applicant, and in the case of legal persons or entities, by the physical person responsible for legal representation.

Article 8.– Correction of submitted application forms.

1.–In the event that the submitted form is incorrectly completed or any documents are missing, the General Secretariat for Overseas Affairs will notify the applicant, who then has ten working days in which to submit a corrected version.

2.– If a corrected version is not received within ten days, counting from the day after notification, the petition will be deemed invalid in accordance with the terms stipulated in article 42 of the Legal System of the Public Administration and Common Administrative Procedure.

Article 9.– Assessment Commission.

An Assessment Commission will be established to analyze the submitted applications. The Commission will consist of the Secretary General of Overseas Affairs (acting as Chairman), the Director of Relations with Basque Communities and two people from the General Secretariat for Overseas Affairs designated in the annual Directive to call for subsidy applications.

The Assessment Commission will place the applications in order of priority according to the aforementioned criteria, and will compile the corresponding adjudication report, which will also include a list of at least ten programs (in order of priority), pursuant to article 14.3.

Article 10.– Granting of the Subsidies.

The Assessment Commission will compile the adjudication proposal, which the Secretary General for Overseas Affairs, in his/her capacity as Chairman of the Commission, will present to the Secretary of the Presidency, who will in turn compile an Adjudication Directive with a list of the subsidized programs. The Adjudication Directive, having passed through the corresponding administrative channels, will be published in the Basque Country Official Gazette. Successful applicants will be notified within six months from the entry into force of the Directive to call for subsidy applications. A discretionary appeal for reversal of the Adjudication Directive can be filed against the same body within one month from the day after its publication in the Basque Country Official Gazette. Alternatively, an appeal for judicial review can be filed directly with the High Court of Justice of the Basque Country within two months from the day publication of the Adjudication Directive in the Basque Country Official Gazette.

If at the end of this period the person or entity applying for the subsidy has not been notified, they should assume that their application has been unsuccessful in accordance with article 44.1 of the Public Administration Legal System Act and Common Administrative Procedure

Article 11.– Obligations of the benefiting persons or entities.

The persons or entities benefiting from the subsidies regulated in this Decree are, in all cases, under obligation to:

1.– Accept the granted subsidy. If the subsidy has not been expressly renounced in writing within fifteen days of the date of notification to the benefiting person or entity, it shall be understood that the subsidy has been accepted.

2.– Use the subsidy for the specific purpose for which it was granted.

3.– Provide the Economic Office and Basque Court of Auditors with all required information regarding subsidies granted during the current or previous years.

4.– Notify the General Secretariat for Overseas Affairs of the receipt of any other subsidies, income or resources for the same purpose from any other public or private organization.

Article 12.– Payment.

Subsidy payments will be made in two installments: 50% of the total amount awarded shall be paid upon  acceptance, and the remaining 50%, upon delivery to the General Secretariat for Overseas Affairs of receipts amounting to the sum total of the subsidy.

Article 13.– Justification.

Within three months from the final date of the tour, the benefiting physical or legal persons must submit the following documents:

a) A detailed report of the subsidized tour.

b) Copies of official receipts for all expenses relating to the subsidized activity.

Article 14.– Modification of the subsidy conditions.

1.– Any modification to the conditions which were taken into account during the adjudication process and/or receipt of additional subsidies from any other public or private entity, may result in the modification of the subsidy Adjudication Directive. In this case, the Presidency Secretariat will issue a Modification Directive adjusting the sum total of the granted subsidies.

2.– If, for any reason, the subsidized programs, activities or events cannot be completed according to the terms specified in the application, the General Secretariat for Overseas Affairs should be notified immediately. In this case, providing there is no need to modify the Adjudication Directive, the Secretary of the Presidency will award the subsidy to another program, activity or event.

3.– In preparation for the possibility of the aforementioned circumstances actually occurring, the Adjudication Directive may also include a list of at least ten programs (in order of priority) which are deemed eligible for future consideration in the event of extra funds becoming available in subsequent  Directives to call for subsidy applications. In all cases, a final decision shall be made on subsidy beneficiaries and amounts during the year in which the Adjudication Directive is published.

Article 15.– Failure to comply with the terms of the subsidy.

Failure to justify expenditure according to the stipulated terms, the submission of false information, the use of adjudicated funds for purposes other than those specified in the application, or failure to comply with the conditions stipulated in this document or the annual Directive to call for subsidy applications will automatically result in the demand for repayment of the amount conferred to date plus accrued interest, pursuant to Legislative Decree 1/1997, which validates the Redrafted Act on the Basque Inland Revenue’s Guiding Principles and the General Subsidy Repayment Procedure outlined in section II of Decree 698/1991, dated 17 December.

Failure to comply with the obligations derived from receipt of these subsidies will result in disciplinary measures being taken, which may include disqualification from receiving the subsidies for a maximum of three years, pursuant to article 63 of Legislative Decree 1/1997, which validates the Redrafted Act on the Basque Inland Revenue’s Guiding Principles.

ADDITIONAL PROVISION

Any matters not provided for in this Decree shall be subject to the provisions laid down in Law 30/1992, dated 26 November, on the Public Administration Legal System and Common Administrative Procedure, amended by Law 4/1999, dated 13 January.

FINAL PROVISION

This Decree will come into effect one day after its publication in the Basque Country Official Gazette.

Vitoria-Gasteiz, 29th of July 2003.

The Basque President

JUAN JOSÉ IBARRETXE MARKUARTU