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Royal Decree 590/2022, of July 19, which regulates the direct granting of subsidies to certain entities for the financing of the international protection reception system, aims to regulate the direct granting, exceptionally and for reasons of public and humanitarian interest, derived from the conflict in Ukraine and the increase in requests for international protection in Spain, for subsidies to finance the international and temporary protection reception system. This modification is intended to extend the execution period of one of the financial actions provided for in Royal Decree 590/2022, of July 19.
At the end of August 2022, the international and temporary protection reception system had to triple its capacity due to the increase in the number of people benefiting from the resources and benefits of the system. This notorious increase has occurred, first of all, as a consequence of the war in Ukraine (more than 140.000 people have already recognized the temporary protection regime). The assistance these people have within the framework of the reception system is a regulatory obligation by virtue, among other things, of the Agreement of the Council of Ministers of March 8, 2022, by which the temporary protection granted by virtue of the Execution Decision (EU) 2022/382 of the Council of March 4, 2022 for people affected by the conflict in Ukraine who can find refuge in Spain and Order PCM/169/2022, of March 9, by which it is developed the procedure for the recognition of temporary protection for people affected by the conflict in Ukraine, in connection with article 3 of the Regulation regulating the reception system in matters of international protection, approved by Royal Decree 220/2022, of March 29. Secondly, the capacities of the international protection reception system have had to increase due to the sustained increase in the number of applications for international protection in the last decade. If the number of asylum applications submitted in 2022 remains stable, by the end of the year it will reach 118.000 applications, a record high in Spain.
The growth of the capacities of the reception system has been financed through the granting of direct subsidies by Royal Decree 590/2022, of July 19. This royal decree established a period of execution of the financeable actions from May 1 to December 31, 2022. Among the actions to be financed in this period includes the opening of new reception centers, facilities and resources to deal with the mass of people from Ukraine and the increase in requests for international protection.
In addition, the opening of new resources made it necessary to acquire and install certain equipment, as well as to carry out adaptation and conditioning works on the buildings and centers in which they are located in order to provide reception services with the standards that are application. The adequacy and conditioning actions are financed with the expenses of equipment and adaptation of buildings provided for in Priority IV (article 5 d) of the royal decree).
These conditioning tasks have been carried out progressively and over time since the start of the grant execution period, in accordance with the needs of the system and the capacities of the entities that have allowed it. However, it has not been possible to complete all of these projects within the execution period previously provided in Royal Decree 590/2022, of July 19. This has been due to the fact that carrying out investment projects, especially the conditioning and improvement of spaces, implies in most cases the blocking of the squares in which these projects are carried out, which remain unused until the end of the adaptation or conditioning project. During the entire period of execution of the grant, the occupancy rate has been higher than 90%. Therefore, carrying out an investment project implied using an occupied place, which would have required the occupant to be forced to leave the place and the reception system. Consequently, it was estimated that as of December 31 of this year there is a significant amount of the subsidy destined to be reversed pending execution for this reason.
Therefore, the carrying out of the works, such as the acquisition of certain equipment whose installation requires the block of places, have not been able to be completed, not because of the will of the subsidized entities, but because it is incompatible with the adequate provision of services in the system. host. This situation does not reduce the need and opportunity to carry out this type of action, especially if you need to condition resources of a system that has tripled its places and capacities in a short space of time.
For this reason, it is necessary to extend the execution period of the actions carried out under priority IV, which finance the costs of equipping and adapting buildings. With this proposal, the entities that finance, under Royal Decree 590/2022, of July 19, will be allowed the adequacy actions charged to the amounts provided for in the royal decree for priority IV, the financeable actions (equipment and adaptation of real estate) so that there are actions that begin before December 31, 2022 or, if it is an earlier date, the date it is an earlier date, the date it is an earlier date, the start date of the services or services provided in the communication of assignment of the concerted action.
This modification will allow the entities to complete the actions that have already been initiated in 2022 and that have not been able to be completed at the end of that year as a result of the saturation situation of the system that has occurred throughout the year 2022.
This standard is in line with the principles of good regulation set forth in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations. It complies with the principles of necessity and effectiveness, as it is justified for reasons of general interest, establishes a clear identification of the fines pursued and is the most appropriate instrument to guarantee the achievement of its objectives. It also conforms to the principles of proportionality and legal certainty, and that the rule is consistent in rank and content with the objectives that it pursues and regulates a legal situation in a clear and objective manner, resolving the problems that could arise derived from the modification of the law itself. true decree. It also adheres to the principle of transparency, since the objectives and evident content are exposed in the operative part and articulated, and to the principle of efficiency, by regulating limiting itself to strictly regulating what is necessary to meet its objectives.
In the processing of this royal decree, a report has been obtained from the Ministry of Finance and Public Function, in accordance with the provisions of article 28.2 of Law 38/2003, of November 17. The mandatory reports of article 26.5 of Law 50/1997, of November 27, of the Government have also been collected.
This royal decree is issued under the protection of article 149.1.2. of the Spanish Constitution, which attributes to the State exclusive competence in matters of nationality, immigration, emigration, foreigners and the right of asylum.
By virtue, at the proposal of the Minister of Inclusion, Social Security and Migration, with the report of the Ministry of Finance and Public Function, and after deliberation by the Council of Ministers at its meeting on December 27, 2022
AVAILABLE:
Single article of modification of Royal Decree 590/2022, of July 19, which regulates the direct granting of subsidies to certain entities for the financing of the International Protection Reception System
Article 6 of Royal Decree 590/2022, of July 19, which regulates the direct granting of subsidies to certain entities for the financing of the International Protection Reception System is worded in the following terms:
Article 6 Period of execution
1. The period of execution of the subsidized programs of priorities I.1, I.2, III.3, IV and V may be extended from May 1, 2022 to December 31, 2022.
In this case, the programs subsidized with priority IV, the execution period may be extended from May 1, 2022 to December 31, 2023. However, new programs financed under this priority may not be started or committed. as of December 31, 2022 or, as the case may be, earlier, from the start date of the services or services highlighted in the notification of assignment of the concerted action.
The execution period of each subsidized program will be established in the corresponding concession resolutions.
2. Notwithstanding the provisions of the previous section, in those cases in which the entity beneficiary of the subsidy has been authorized for the concerted action prior to December 31, 2022 and they are informed of the assignment of the provision of services of reception, in accordance with Royal Decree 220/2022, of March 29, the period of execution of the programs is subsidized extends at most until the day immediately prior to the start of the services or benefits granted in the assignment communication.
In this case, the programs subsidized with priority IV, the execution period will be extended until December 31, 2023, but the programs that will start after the start date of the services will not be charged to this priority. or benefits provided in the communication of assignment of the concerted action.
LE0000734194_20221229
Single transitory provision Modification of resolutions granting grants granted
The resolutions granting concessions that have been adopted by virtue of Royal Decree 590/2022, of July 19, may be modified to extend the period of execution of the actions of priority IV in accordance with the provisions of article 13 of this royal decree, respecting the limitations related to the execution period established in article 6.
Single final provision Entry into force
This Royal Decree will enter into force on the day following its publication in the Official State Gazette.
