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Royal Decree 617/2017, Of 16 June, Governing The Direct Granting Of Aid For The Purchase Of Alternative Energy Vehicles, And For The Implementation Of Recharging Stations For Electric Vehicles In 2017 (2017 Movea Plan).

Original Language Title: Real Decreto 617/2017, de 16 de junio, por el que se regula la concesión directa de ayudas para la adquisición de vehículos de energías alternativas, y para la implantación de puntos de recarga de vehículos eléctricos en 2017 (Plan MOVEA 2017).

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or the Case of natural persons. In this sense, the penetration in the market of novel technologies needs wide dissemination and knowledge among the potential users and buyers of the same. This is why, in the particular case of alternative energy vehicles, fleets and car rental companies are particularly important in bringing this type of vehicle closer to the end user, presenting itself as a real opportunity. to test the characteristics and usability of the same. Therefore, for the case of undertakings and other types of legal persons, a maximum limit of 30 and five vehicles is established, except in the case of the exclusive acquisition of electric motorcycles, which is extended to a maximum of 50 units per beneficiary.

Also, the contribution to the diffusion of these new technologies that will result from the incorporation of alternative energy vehicles to the fleet of cars dedicated to the realization of public transport, both in taxi mode and in the mode of leasing of vehicles with a driver.

The aid regulated in the royal decree is established as a right of the petitioner who fulfils the conditions for his concession, that is, he does not compete with any other to obtain them, since for the mere fact of carrying out the behaviour established in the standard and complying with the conditions and conditions required, the grant must be granted, which determines that the procedures are initiated at the request of the person concerned, in contrast to the concurrency a competitive procedure which is initiated on its own initiative in accordance with Article 23 of Law 38/2003, of 17 November. This does not make it possible for the public to call for aid for the purchase of alternative energy vehicles.

The reasons outlined above justify the public, social and economic interest for the development of vehicle impulse actions with alternative energies by granting direct grants. That is why the aid provided for in Article 22 (2) (c) of Law 38/2003 of 17 November on aid under direct concession is required, and a royal decree is required to be applied in accordance with Article 28 (2) of the Treaty. the law, to approve the special rules of the subsidies referred to in Article 22.2.c).

This royal decree is dictated by the state powers in terms of bases and coordination of the general planning of economic activity and environmental protection, as provided for in Article 149.1.13. Constitution. These aids are centrally managed as they are essential to ensure the full effectiveness of the measures within the basic management of the sector and to ensure the same possibilities for obtaining and enjoying the same potential recipients throughout the national territory, while avoiding the overall amount of State resources allocated to the sector being exceeded.

This Royal Decree has been subject to the procedure laid down in Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information on In the case of the Commission, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of (a) technical and regulatory provisions relating to the services of the information society.

The Government's Delegation for Economic Affairs has been informed of this royal decree at its meeting on June 8, 2017.

In its virtue, on the proposal of the Minister of Economy, Industry and Competitiveness, and of the Minister of Energy, Tourism and Digital Agenda, prior to the report of the Minister of Finance and Public Service, and after deliberation of the Council of Ministers at their meeting on 16 June 2017,

DISPONGO:

Article 1. Object and scope of application.

1. It constitutes the object of this royal decree the regulation of the procedure for the direct grant of aids corresponding to the "Plan of Impulse to Mobility with Vehicles of Alternative Energies (MOVEA 2017)", consisting in encouraging the Spain's acquisition of vehicles with alternative energies to traditional fuels, as well as for the granting of aid for the implementation in Spain of charging points for electric vehicles in public access areas, promoting with Sustainability in the transport sector, the reduction of CO2 emissions and other pollutants, climate change mitigation and improved air quality in the country, as well as the diversification of energy sources in transport and the consequent reduction of energy dependence on oil.

2. To this end, the grants referred to in this royal decree will be granted for the acquisition in Spain of vehicles of the categories detailed in Article 4, and for the installation of charging points for electric vehicles in access areas. public.

3. The aid will be used for direct acquisition or acquisition by means of financing operations by leasing or leasing (also called operating leasing) of a new vehicle. They shall also be used for the purchase of electric and fuel-cell vehicles up to nine months old, with the exception of motorcycles, from the first registration to the registration of the application in the application of the MOVEA Plan, and whose ownership must be held by the dealer, point of sale or manufacturer/importer of the vehicle for the purpose of demonstration for sale. In this case the vehicle must have been acquired by the point of sale as a new vehicle to the manufacturer or importer. Finally, they will also be used for the introduction of charging points for electric vehicles in public access areas, both in the direct acquisition and the financing operations by renting.

Article 2. Features, compatibility, and concurrency of grants.

1. The grants covered by this royal decree shall be granted to applications which comply with each and each of the requirements laid down, and by order of submission of applications, until the available budget is exhausted, or, if occur before, until the date of validity of the present call specified in Article 7 is reached.

2. The aid shall be granted for a single time, without any duplication in the case of successive transmissions of the same vehicle.

3. The grants provided for in this royal decree are declared incompatible, for the same vehicle, with any other grant, aid, income or resource granted by the General Administration of the State, Autonomous Communities or Local Entities for the same purpose.

4. The subsidies regulated in this royal decree will be compatible, for the same vehicle or charging point, with other aid or subsidies established through European Union programmes. In the case of charging points for electric vehicles in public access areas, the grants awarded under this royal decree will also be compatible with any other grantrging points in public access areas is maintained.

In order to promote the achievement of the objectives pursued by MOVEA, it is considered necessary and appropriate to continue to promote the acquisition of electric vehicles and demonstration fuel cells for sale, in view of the the high cost that they still have today, in relation to conventional technology vehicles, and their relative lack of knowledge in the market.

With regard to the management of the Plan, a collaborating entity can intervene to manage the material aspects of the aid processing and distribute the funds to the beneficiaries who meet the requirements established by the plan. royal decree.

In order to maintain the incentive character of the aid, only acquisitions of vehicles made within the period of validity of the programme will be permitted, with a limit of one vehicle per beneficiary fctric and fuel-cell vehicles up to nine months old, except motorcycles, from the first registration to the registration of the application in the implementation of the MOVEA Plan, the ownership must be held by a dealer, point of sale or vehicle manufacturer/importer, in which case the vehicle must have been acquired by the point of sale as a new vehicle to the manufacturer or importer.

2. In any event, the vehicle eligible for aid must be registered in Spain and belong to one of the following categories:

(a) M1 Turisms: Motor vehicles with at least four wheels designed and manufactured for the carriage of passengers, having, in addition to the driver's seat, eight seats at the most.

(b) Bus or coach M2: Motor vehicles designed and manufactured primarily for the transport of persons and their luggage having more than eight seats in addition to that of the driver, and the maximum mass of which is loaded technically permissible (MMTA) does not exceed 5 tonnes.

(c) Bus or coach M3: Motor vehicles designed and manufactured primarily for the transport of persons and their luggage having more than eight seats in addition to that of the driver and the maximum mass of which is loaded technically permissible (MMTA) is greater than 5 tonnes.

(d) Vehicles or light trucks N1: Motor vehicles designed and manufactured primarily for the carriage of goods and whose technically permissible maximum laden mass (MMTA) does not exceed 3,5 tonnes.

e) Furgons or light trucks N2: Motor vehicles designed and manufactured primarily for the carriage of goods and the technically permissible maximum laden mass (MMTA) of which is greater than 3,5 and less than 12 tonnes.

(f) Furgons or trucks N3: Motor vehicles designed and manufactured primarily for the carriage of goods and the technically permissible maximum laden mass (MMTA) of more than 12 tonnes.

g) L6e light cycles: Light cycles with a vacuum mass of not more than 350 kg., not including the mass of the batteries, the maximum design speed of which is not less than 45 km/h, and the maximum maximum power or equal to 4 kW.

(h) L7e Heavy Cycles: Cuadricycles whose empty mass is less than or equal to 400 kg. (550 kg for vehicles intended for the carriage of goods), not including the mass of the batteries, and a maximum power of 15 kW or less.

i) L3e, L4e, L5e Motorcycles: Two-wheel vehicles, or three symmetrical or asymmetric wheels with respect to the vehicle's longitudinal median axle, with a design speed exceeding 45 Km/h.

3. Vehicles eligible for support shall meet the following requirements:

a) For vehicles belonging to categories M and N, membership of any of the following types is required:

1. Powered by internal combustion engines that can use alternative fossil fuels, approved as GLP/Autogas, Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG), or gas-gas fuel.

2. Pure electric (BEV), wholly and exclusively powered by electric motors.

3. Extended-range electric (REEV), fully or partially propelled by internal combustion engines of petrol or diesel and electric.

4. Plug-in hybrids (PHEV) propelled wholly or partially by internal combustion engines of petrol or diesel and electric, which at the date of activation of the budget reserve are classified as Class A or B in the ' Base of data from the Institute for the Diversification and Saving of Energy (IDAE) for fuel consumption and CO2 emissions in new cars " published on the IDAE website, in accordance with the provisions of Royal Decree 837/2002 of 2 August, on which information relating to fuel consumption and CO emissions is regulated2 of new passenger cars which are put up for sale or are offered on lease in Spanish territory. The electric motor shall be powered by batteries charged from an external power source.

5. Powered by fuel cell

6. In the case of vehicles of categories M1 and N1 approved in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on the type-approval of motor vehicles with regard to motor vehicles emissions from passenger cars and light commercial vehicles (Euro 5 and Euro 6) and on access to information relating to the repair and maintenance of vehicles, they must be accredited with approved CO2 emissions not more than 160 g/km (grams per kilometre) in the case of vehicles of category N1 and not more than 140 g/km in the case of vehicles of category M1, according to the information contained in the database of "Fuel consumption and CO2 in new cars", prepared by the Institute for the Diversification and Saving of the Energy.

(b) For vehicles belonging to category L, it is required:

1. Be powered exclusively by electric motors, and be approved as electric vehicles.

2. New electric motorcycles (categories L3e, L4e and L5e) capable of aid must have lithium batteries, electric motor with an engine power equal to or greater than 3 kW, and a minimum range of 70 km electric mode.

(c) The aid shall be used for the purchase of a new vehicle, with the understanding as such from the factory.

In the specific case of the aid granted for the purchase of vehicles approved as GLP/Autogas, CNG, LNG or gas-gas fuel, it will be understood by new vehicle, that coming from factory or transformed and guaranteed under the control of the manufacturer through its authorized network. Vehicles must be registered in the "Fuel Consumption and CO2 in new cars" database, developed by the business public entity Institute for Energy Diversification and Saving (IDAE).

(d) They shall also be used for the purchase of electric and fuel-cell vehicles, except motorcycles, up to nine months old from the first registration to the registration of the application in the application of the MOVEA Plan, the ownership of which must be held by a dealer, point of sale or manufacturer/importer of the vehicle, and which must have been acquired by the point of sale as a new vehicle to the manufacturer or importer.

(e) acquisitions in the acquisition mode by leasing operations may only be subject to aid on condition that the relevant lease term provides for a minimum duration of two years from the date of its formalization, in any case, equal to or after the day following the date of publication in the "Official State Gazette" of the royal decree. In addition, this lease must expressly provide that the lessee is the beneficiary of the aid which is to be granted, and the total application of the aid to the reduction of the quotas must also be expressly stated in it. payment or lease income to be met by the lessee, specifying the amount corresponding to those fees before the application of the aid and the same amount after its application.

(f) In the case of purchase of vehicles of categories M2, N2, M3 and N3, it shall be compulsory to have another vehicle to be completed and to discharge another vehicle, and to comply with all the requiremiciaries.

A beneficiary shall be deemed to be a subject who makes the investment, except in the case of acquisitions by leasing financing operations, in which the beneficiary shall be the lessee of the contract from renting.

Article 4. Eligible concepts.

1. The grant of applications to the MOVEA Plan will be used for direct acquisition or acquisition through financing operations by leasing or leasing (also called operating leasing). new vehicles. They shall also apply to the purchase of elef 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, as there are reasons of public, social and economic interest that do not allow the promotion of competitive competition.

2. The financing of the aid covered by this royal decree will be carried out from the budget in force at the time of the implementation of this call, amounting to a total of 14,260,000 euros, among the following concepts:

i. Concept 740: " To companies, public entities, foundations and other public sector entities. For actions to promote sustainable mobility: EUR 80,000 ".

ii. Concept 750: " To Autonomous Communities. For actions to promote sustainable mobility: EUR 80,000 ".

iii. Concept 760: " To local entities. For actions to promote sustainable mobility: EUR 1,100,000 ".

iv. Concept 770: " To private companies. For actions to promote sustainable mobility: EUR 6,500,000 "

v. Concept 780: " To non-profit families and institutions. For actions to promote sustainable mobility: EUR 6,500,000. "

The total amount of aid to be granted will be distributed as follows:

a) Electric vehicles.

i. Passenger cars (M1), light quadricycles (L6e) and heavy (L7e), fuel cell vehicles: EUR 6,270,000.

ii. Buses or coaches (M2, M3), vans, vans, light trucks and lorries (N1, N2, N3): EUR 3,390,000.

iii. Motorcycles (L3e, L4e, L5e): EUR 430,000.

b) Vehicles powered by Natural Gas (CNG, LNG, bifuel):

i. Passenger cars (M1) and vans (N1): EUR 600,000.

ii. Buses or coaches (M2, M3), vans, light trucks and lorries (N2, N3): EUR 1,635,000.

c) Vehicles powered by liquefied petroleum gas (LPG, bifuel): 1,375,000 euros.

d) Installing charging points for electric vehicles:

i. Conventional: 45,000 euros.

ii. Semi-fast: EUR 85,000.

iii. Quick: EUR 430,000.

If, by September 1, 2017, the amounts foreseen for each category have not been committed, the remaining amounts may be reallocated by the Ministry of Economy, Industry and Competitiveness for any of the Categories of vehicles, after report to the Government Delegation for Economic Affairs.

3. The budget available for the implementation of this programme shall be deemed to be exhausted, when the last budget reserve is made available for the same amount. The available budget shall also be deemed to be exhausted for each category or for each concept, when the last budget reserve is made, which will total the amount corresponding to them.

After that time, the points and sales agents attached to the program may continue to submit applications in the corresponding computer application, which will be part of a waiting list, and which will be served by a strict order for the submission of the same, subject to the fact that there have been cancellations in previous reservations which release the budget, that there has been a reallocation of the remains, or that an amendment has been made budget, as described in the previous paragraph. The possibility of continuing to submit applications will definitely end with a deadline of 15 October 2017. In no case, the application submitted and which forms part of the waiting list referred to in this paragraph will generate the right to receive subsidies.

4. For the purposes of this call, which may be the subject of co-financing with the Funds of the European Union, within certain of the Operational Programmes of the European Regional Development Fund (ERDF), the general rules of the Funds, as well as specific controls, information and publicity, selection criteria for operations, etc., the implementation of which must be enforced.

Compliance with these standards should be verified by the designated intermediate body responsible for managing the Thematic Objective 4 "Low Carbon Economy" within the Sustainable Growth Operational Programme.

Article 6. Amount of aid.

1. In the event that the aid applicant is a natural person, self-employed professional, Local Entity, Autonomous Community, or any of the persons covered by one of the potential beneficiaries as defined in Article 3 (a), (b), (d), (e) or (f), the following individual amounts of aid are established, being understood as the price, the selling price to the customer at the time of applying for the subsidy before VAT or IGIC:

Category

MMTA

(kg)

Selling price limit

(€)

Help State

(€)

Dealer Help

(€)

Cuantia

Additional by achating

M1

11,000

-

11,000

500

750

1,000

25,000

1,000

N1

Less than 2,500

-

500

or Equal 2,500

1,500

M2, N2

-

5,000

-

M3, N3

Less than 18,000

7,000

15,000

15,000

LPG or bifuel

500

Category

MMTA

(kg)

which is to be granted, and the total application of the aid to the reduction of the quotas must also be expressly stated in it. payment or lease income to be met by the lessee, specifying the amount corresponding to those fees before the application of the aid and the same amount after its application.

Article 5. Concession and Financing Scheme.

1. These grants will be granted directly, in accordance with Articles 22 and 28 of Law 38/2003 of 17 November, and Chapter III of Title I of the Regulation of Law 38/2003 oate

(€)

Dealer Help

(€)

SME

Large Enterprise

Additional by achatarrement

M1

-

11,000

500

750

1,000

25,000

1,000

N1

Less than 2,500

500

1,200

M2, N2

-

2,300

2,300

-

M3, N3

Less than 18,000

7,000

15,000

15,000

M2, N2

18,000

Category

MMTA

(kg)

Selling price limit

(€)

Help State

(€)

Dealer Help

(€)

SME

Large Enterprise

Additional by achatarrement

GN or bifuel

M1

-

25,000

1,200

1,000

750

1,000

N1

-

1,100

900

or Equal 2,500

1,400

-

2,900

2,300

-

M3, N3

8,000

18,000

18,000

N1

Category

Autonomy

(km)

Engine power

(kW)

Price limit selling

(€)

State aid

(€)

Dealer Help

(€)

Large Enterprise

Additional by achatching

Cuantia

Additional VE Reload Point

Stack

M1

-

-

-

5,500

750

1,000

-

PHEV, EREV, EV

Between 15 and 40

32,000

1,300

1,100

1,000

Between 40 and 90

2,600

2,500

than 90

3,200

Greater 60

-

6.300

5,000

M2, N2

-

7,000

Category

MMTA

(kg)

Selling price limit

(€)

Help Stn of your budget reserve.

Data or documents that involve a modification of the amount of the aid (modification of the type of beneficiary), as well as the basic data of the beneficiary and/or point of charge (name) shall not be considered to be subsables. or social reason, DNI/NIF/CIF, legal nature of the beneficiary, category of recharge, etc.).

(i) The submission of the application shall entail the applicant's compliance to receive all the notifications which must be made by electronic means, in accordance with the provisions of this royal decree.

3. The submission of the application shall imply the consent of the data subject so that the public authorities may obtain the necessary information to verify the requirements of this call.

4. However, in respect of the time limits set out in the previous paragraphs, in any case, on 15 October 2017, any budget reserve which is still pending the documentation of the application, be it for formalize the request as being in the process of subhealing, it will be nullified.

Article 11. Documentation to be presented.

1. In the case of purchase of a vehicle, the applicants must supply the point of sale at the time of the purchase of the vehicle which may be of assistance, their name or full social reason, national identity document (DNI), Foreign Identification Number (NIE) or Fiscal Identification Number (NIF), and address, in order to be incorporated into the IT application, additionally contributing the following documentation:

(a) Photocopy of the DNI or NIE of the individual or natural person or of the tax identification card where the NIF of the legal person (who is not revoked at the date of formalisation of the application) is recorded, unless the interested in providing their express consent so that their personal identity data can be consulted through the Identity Data Verification System set out in Order PRE/3949/2006 of December 26, establishing the configuration, characteristics, requirements and procedures for access to the Verification System, in accordance with the provisions of Royal Decree 522/2006 of 28 April 2006 abolishing the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies linked or dependent.

b) In the case of self-employed professionals, certified high in the Census of Employers, Professionals and Reholders issued by the State Tax Administration Agency.

c) In the case of local entities and companies linked to them, certification of local intervention over the average period of payment to suppliers.

d) In the case of public entities linked or dependent on the General Administration of the State, Administrations of the Autonomous Communities, Local Entities, and the public entities linked to or dependent on them, they must present a document certifying the right of representation of the signatory of the application.

e) For companies:

i. Certificate of the Commercial Register or, failing that, power of attorney. In either case, the signatory of the aid application must appear as the legal representative of the company.

ii. Photocopy of the company representative's DNI.

iii. Photocopy of the certificate of registration in the census of Employers, Professionals and Reholders.

f) Photocopy of the Technical Sheet (ITV Card) of the purchased Vehicle.

G) Photocopy of the Circulation Permit of the purchased vehicle or photocopy of the Provisional Circulation Permit issued by the General Directorate of Traffic. In cases where a temporary permit is issued for vehicles whose registration begins with the letter P, the contribution of photocopy of the definitive Circulation Permit shall be required within the time limit for the correction provided for in Article 10.1.k. In addition, in the case of electric and fuel-cell vehicles up to nine months old, the vehicle's driving licence shall be provided in the name of the point of sale, prior to the purchase of the vehicle by the beneficiary. final.

h) Where appropriate, and in respect of the vehicle to be reached:

i. Certificate of the final discharge in circulation of the vehicle to be registered in the Vehicle Registry of the General Directorate of Traffic.

ii. Driving licence of the vehicle to be reached.

iii. Technical tab (ITV card) of the achatarrated vehicle, with the ITV in force for the case of voluntary vehicle achating.

iv. Justifying payment of the Mechanical Traction Vehicle Tax of the achated vehicle.

(i) Where an amount of EUR 3 000 is exceeded in the aid or aid which may be granted to the same applicant or the person concerned, the same applicant shall be obliged to provide proof of being aware of the tax obligations issued to that effect by the State Administration of Tax Administration and to be aware of the obligations towards Social Security, as provided for in Article 22 of the Regulation of Law 38/2003 of 17 November, General Grants, approved by Royal Decree 887/2006, dated July 21.

j) In the case of operating leasing or leasing, in addition to the above documents, photocopy of the operating lease or operating lease shall be attached, which shall establish a minimum duration of two years and where it appears as the lessee of the the applicant for aid or potential beneficiary. This contract must have been signed with or after the day following the date of publication in the "Official State Gazette" of the royal decree and will have to provide, expressly, that the lessee will be the beneficiary of the aid for this programme, as well as the application of the total of the aid granted to the reduction of the lease or rent to be satisfied by the lessee, specifying the amount corresponding to those quotas before the application of the aid and the same amount after its application.

k) Photocopy of the bill of sale of the vehicle, must be the date of the same or after the day of the entry into force of the royal decree. Self-invoices will not be admissible.

On the invoice, which must be signed and sealed by the point of sale or dealer, must include the registration number or number of the frame, mark, model and version of the purchased vehicle.

In addition, the following discounts must be entered on the invoice:

i. Discounts to be applied by the concessionaire, which must be reflected prior to the application of VAT or IGIC.

ii. Discounts corresponding to the MOVEA Plan, which should be reflected after the application of VAT or IGIC: aid Plan MOVEA, additional state aid with achatarrement. The concept "Discount Plan MOVEA" must be specified.

You must also record the ex-works price, other costs, other possible discounts, taxable base, VAT or IGIC applicable, after-tax price, and Total to Pay or Total Invoice to be paid by the acquiring beneficiary.

In any event, the sales invoice must comply with the provisions of the R In either case, at the time of the submission of all documentation, those records which were not previously included in the aid application must be entered.

(h) If the documentation loaded in the application does not meet the required requirements, it may be necessary for the applicant or the agent to sell the charging points where appropriate, so that within 10 days To remedy the deficiency. Failure to comply with this time limit will result in the inadmission of the corresponding application and the automatic cancellation of the activatioeive by e-mail the confirmation of the reservation of the budget. The relevant information sheet may be downloaded through the application of the information technology by the applicant, and the amount of aid allocated to that application shall also be confirmed in accordance with Article 6.

5. In the case of purchase of new vehicles of category M1, after making the budget reserve, the point of sale shall have a period of 10 days for loading into the IT application the declaration of the order made to the manufacturer, with the order code provided by it, and signed by both parties. If the budget reserve has not been completed with this document, it will be cancelled.

6. Where the sale is made, and after compliance with the provisions of the preceding paragraphs has been verified, the selling point or agent shall obtain from the purchaser the documentation referred to in Article 11 and shall be charged in the IT application, by completing the enabled form. In this context, the only format supported for document loading is the "pdf" format.

7. It may be requested, at any time, during the limitation period of the Administration's right to recognize or to liquidate the drawback, the display of the originals of the supporting documents or documentation provided that it deems appropriate.

It shall, where appropriate, grant reimbursement of the aid corresponding to the point of sale adhered, in the terms laid down in Article 18, if the latter does not present such originals within a maximum period of 15 days, from the date of the following day to which the same would have required him to do so, considering such a circumstance as a breach of the obligation to justify the purpose of the aid granted.

Article 13. Resolution and payment of the aid.

1. Once all the documentation required in the electronic management system by the point of sale, sales agent or by the applicant has been recorded, it shall be verified that all the requirements for the grant of the grant are met.

2. Once the requirements for the grant of the grant have been found to be met, the application will be validated.

3. The Minister for Economic Affairs, Industry and Competitiveness, as provided for in Article 8.2, shall make a decision on the applications submitted. The maximum time limit for the decision and notification of the decision shall be six months from the date of formalisation of the application with the contribution of the requested documentation. If the decision is not given and the decision is notified within the prescribed period, the request shall be deemed to be dismissed by administrative silence.

4. After the decision has been issued, payment of the aid shall be made to the point of sale for an amount corresponding to the corresponding discount which is previously applied by the point of sale on the invoice, such as as set out in Article 10.1.f), and which must be in accordance with the aid application. In the event that the request for aid has been made for the implementation of charging points for electric vehicles in public access areas, the payment shall be made directly to the aid applicant, irrespective of whether the aid has been granted. whether or not processed through an agent for the sale of charging points. Payments shall be made by bank transfer to the account indicated on the entry sheet of the point of sale in the case of vehicles, or to that of the applicant in the case of charging points for electric vehicles in public access areas, and shall be made, if applicable, by the contributing entity.

5. The decisions granting the aid shall be communicated to each of the beneficiaries and points of sale. Electronic communication shall replace the notification of the acts of the procedure and shall have all its effects. The beneficiary and point of sale shall receive notice, by any means which permits to be aware of its receipt, that the decision to grant it has been published on the website of the Ministry of Economy, Industry and Competitiveness (www.mineco.es).

6. The decision, which ends the administrative procedure, may be brought before the same body which has been issued by the same body within one month or has recourse directly to the court order. administrative-administrative, in the form and deadlines provided for in Law 39/2015 of 1 October, of the Common Administrative Procedure of the Public Administrations, and in Law 29/1998, of July 13, regulator of the Jurisdiction Administrative-administrative dispute.

Article 14. Obligations of applicants, beneficiaries, points of sale and sales agents.

1. The obligations of applicants, beneficiaries and points and sales agents shall be:

(a) Follow the methodology and procedure established in this royal decree, checking compliance with the required requirements, as well as the performance of the activity and the fulfillment of the purpose that determines the granting of the aid, while retaining the supporting documents and supporting documentation of such extremes, as provided for in Article 12.7.

(b) The beneficiary of the aid, the points of sale and the sales agents shall be obliged to provide the checks aimed at ensuring that the performance of the aid is correctly carried out. The beneficiary of the aid, the points of sale and the sales agents will also be subject to the verification measures, as well as to the financial control of the General Intervention of the State Administration and the audit control of the State. Court of Auditors and, where appropriate, the rules applicable to the management of aid co-financed with Community funds from the European Union.

c) Meet the requirements set out in paragraphs 2 and 3 of Article 13 of Law 38/2003 of 17 November, among which are to be aware of their tax and security obligations Social, as well as not having to have any obligation to refund of aid with the General Administration of the State and its agencies and public entities dependent or linked. The beneficiary should also not be subject to a recovery order pending following a previous decision of the European Commission which has declared unlawful and incompatible aid with the common market. It shall also not be defined as a company in difficulty as defined in Article 2 (18) of Commission Regulation (EU) No 651/2014 of 17 June 2014. For these purposes, where appropriate, the applicant shall, together with the respective request for assistance, subscribe to the relevant responsible statements, without prejudice to the provisions of Article 11 (1) (i)

(d) The beneficiary of the aid shall maintain the ownership of the vehicle and its registration in Spain for at least two years from the time of the grant of the grant.

2. For its part, the point of sale will provide, in any case, certification issued by the State Administration of Tax Administration to meet the current in the performance of its tax obligations, corresponding certification of to be aware of its obligations towards social security and a declaration responsible for not having any obligation to return to aid with the General Administration of the State and its agencies and entities (a) whether or not they aoint or agent of sale shall send an e-mail with the identification of the reservation and the data of the applicant (name and DNI, NIE or NIF).

3. When completing a request for assistance, the point or agent of sale shall follow the directions of the application, by entering the data requested in relation to the applicant or the person concerned and the vehicle or point of recharging to be acquired.

4. After completing the data requested by the application for the aid application, the point or agent of sale shall rec, horizontal, etc.) will be provided to the attached dealers. to the program for implementation.

Advertising media will be at least:

1. In the establishment entry; Cartel in minimum size DIN-A3 with the expression "attached establishment" that will accompany the MOVEA Plan logo.

2. º In the interior of the establishment; display DISPLAY on floor of dimensions 80 x 130 cm, in color to 4/0 inks on 300 g cartoncillo with plasticized gloss on visible face and cardboard support for their vertical hold.

3. In all media that are used to transmit communication (spots tv, press graphics, Internet, etc.), the MOVEA Plan logo.

4. º In sound media, as radio channels, it will be made clear by the use of the expression (on or off) "Plan MOVEA".

g) To process, complete and submit the corresponding requests for aid in accordance with the procedure, deadlines and requirements set out in this royal decree.

8. The points of sale already attached to the MOVEA 2016 Plan which have carried out any operation in that Plan, or which, without having carried out any operation, have kept their data up to 31 December 2016, shall be considered as automatically adhered to the 2017 MOVEA Plan with consent to the transfer of data, and committed to the fulfilment of each and every one of the requirements set forth by this royal decree, except express waiver, and without prejudice to the updating of the certificates of evidence that they are aware of their tax obligations and Social Security, in the event of the expiration of the validity of the same, to be sent in the form that is established within the maximum period of one month, counted from the date of the corresponding requirement. After such a period has elapsed without such certificates having been provided, the reservations which they have made and, where appropriate, the complaint and refund of the amounts which they may have wrongly received shall be cancelled automatically. as well as the corresponding interest on late payment, in application of the provisions of Articles 37.1 and 40.1 of Law 38/2003 of 17 November.

Prior to the opening of the IT application in order to make reservation requests, a period of time will be enabled in which the sales points already added will be able to update their data, while they will be able to to be high new outlets and sales agents in the MOVEA 2017 Plan.

Article 16. Monitoring and monitoring of aid.

The Ministry of Economy, Industry and Competitiveness will carry out the necessary follow-up and control actions of the aid granted under this royal decree, without prejudice to those that correspond to the provisions of Law 38/2003 of 17 November.

Article 17. Justification of the aid.

In case of selection of a contributing entity, it will present monthly to the Ministry of Economy, Industry and Competitiveness, supporting report of the operations carried out, the public funds applied to each operation and the justification for the payments made.

The justification for the aid shall be made, where appropriate, in accordance with the requirements for monitoring, audit and control required in the programmes co-financed with the ERDF.

Article 18. Causes of cancellation or recovery of the aid.

1. Irrespective of the returns to which it has taken place in accordance with Article 36 of Law 38/2003 of 17 November, the total or partial refund and the requirement of interest for late payment from the date of payment of the grant until the origin of the refund of the same is agreed, in the cases covered by Article 37 of that law, as well as in the other cases expressly provided for by this royal decree.

2. In the case of partial defaults, the amount to be recovered by the beneficiary shall be determined in accordance with the principle of proportionality and on the basis of the justified costs and the actions accredited, in accordance with the provisions of the Article 37.2 of Law 38/2003 of 17 November, in conjunction with Article 17.3.n) of that Law.

Article 19. Advertising.

In all the references made by the beneficiaries or points and agents of sale attached, in any means of dissemination, to the aid regulated in this royal decree, it must appear that they have been financed by the Ministry of Economy, Industry and Competitiveness, as provided for in Article 18.4 of Law 38/2003 of 17 November, without prejudice to the provisions of Article 15.7.f).

In the event that the aid is co-financed by the ERDF, acceptance of the aid implies the acceptance of the aid provided for in Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013, the common and general provisions concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund and others are laid down; and Regulation (EC) No 1083/2006 of the Council on information activities and (a) the advertising to be carried out by the Member States in relation to the Community Funds, and Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund, as well as other legislation in force in this field.

Article 20. Confidentiality and protection of personal data.

1. In accordance with Organic Law 15/1999 of 13 December, Protection of Personal Data, points of sale of vehicles and agents for the sale of charging points in public access areas attached to the MOVEA Plan, will be expressly obliged to maintain strict confidentiality on any personal data which they may obtain at the time of the activities to be carried out under this royal decree, and therefore they may not copy or use them for purposes other persons other than the entity, other than those listed therein, and other persons other than the entity contributor, not even for conservation purposes.

2. On the other hand, the information and personal data received by the collaborating entity from any applicant, beneficiary, interested party, point of sale or agent of sale adhered to the program, in general, will also have confidential nature, and will be collected by the same to be incorporated, respectively, to the automated files owned and held by the same, in order to verify the compliance, control and monitoring of the obligations established by this royal decree. Interested parties may exercise their rights of access, rectification, cancellation or opposition in writing.

3. However, with the formalization of their adherence to this program, in the form established by this royal decree, the points of sale of vehicles and the agents of sale of corresponding recharge points accept the publication of their identifying data on the website of the MOVEA Plan, for the purposes set out therein. The beneficiaries also accept the publication of the aid data granted in order to ensure the publicity, objectivity and concurrency of the aid.

4. The information on grant concessions made under this royal decree will be communicated to the National Grant Database in the terms of this obligation u actively collaborate in the dissemination and support of the objectives of the programme relating to the awareness and dissemination of alternative energy vehicles.

f) Show in visible place, within each of the commercial premises of the dealer or point of sale adhered, the logo of the MOVEA Plan, as well as the advertising stands that are indicated below. The image of the programme (logo, motto and uses among other aspects) and its corresponding "Application Manual" in the necessary formats, variants and/or adaptations (colour, B/N, vertical