Date of June 13, 2009 was published in the "Official State Gazette", Order CIN/1559/2009 of May 29, establishing the regulatory bases for the granting of public aid to science and technology in the instrumental line of articulation and internationalization of the system, framed in the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011.

Later, dated May 5, 2010, Order CIN/1149/2010 of 28 April, amending Order CIN/1559/2009 of 29 May, was published, changing the name of the "Subprograms of Technology Platforms" and " Other "Public-private cooperation actions needed to strengthen the system's line of action", which are renamed INNFLOWS and INNPACT, respectively. This order also reformulates the programme "Other actions for public-private cooperation".

Throughout the whole of Order CIN/1559/2009 of 29 May, reference is made to the Community Framework for State aid for research and development and innovation (2006/C 323/01), although the reference in the The provisions of the Community rules which may apply are only implicitly included, by means of a generic reference contained in the first provision, relating to the rules applicable to aid. This may lead to confusion among the addressees of the rule, making it necessary to clarify the regulatory regime applicable to the different types of aid.

Moreover, neither in the preamble nor in the operative part of Order CIN/1559/2009 of 29 May, the applicability to certain aids contained in the same Regulation of Regulation (EC) No 800/2008, of the Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation), where it is a condition for such aid. the applicability of the exemption, which is included in the aid rules an express reference to the Regulation, citing its title and publication reference in the Official Journal of the European Union (OJ). In this case, a formal omission has occurred, since the aid complies with all the other substantial requirements laid down in that regulation, including transparency, incentive effect, and aid intensity.

In relation to the above, it is also necessary to make reference to the applicability of Commission Regulation (EC) No 800/2008 of 6 August 2008 to certain aid already under appeal under Order CIN/1559/2009 of 29 June 2008. May 29 May, which also comply with the substantive requirements laid down by that Regulation (EC) No 800/2008, with the aim of replacing the omission of the quotation of the same as that which occurred in Order CIN/1559/2009 of 29 May, since, as it has indicated, such an appointment is a formal condition to be able to apply the exemption.

In addition, during the notification procedure of the State aid of Order CIN/1149/2010 of 28 April, in accordance with Article 88.3 of the Treaty establishing the European Community (now, Article 108.3 of the Treaty) Treaty on the Functioning of the European Union), the need to introduce some changes in order to align it with the Community Framework on State Aid for Research and Development and Innovation (2006/C 323/01) has been highlighted.

finally, it is necessary to make explicit mention in the Innoeuropa sub-programme that the Centre for Technological and Industrial Development (CDTI) will be involved in the technical evaluation of the projects, as well as the promotion of the participation of small and medium-sized enterprises as a preferred criterion for project selection.

All the above justifies the need to proceed with the amendment of Order CIN/1559/2009 of 29 May.

In its virtue, I have:

Single item. Amendment of Order CIN/1559/2009 of 29 May laying down the regulatory bases for the granting of public aid to science and technology in the instrumental line of articulation and internationalisation of the system, framed in the National Plan for Scientific Research, Technological Development and Innovation, 2008-2011.

Order CIN/1559/2009, of 29 May, establishing the regulatory bases for the granting of public aid to science and technology in the Instrumental Line of articulation and internationalization of the system, framed in the National Plan for Scientific Research, Technological Development and Innovation, 2008-2011, is amended in the following sections:

One. Article 16c (4) (a) of Order CIN/1559/2009 of 29 May on eligible expenditure shall be amended as follows:

"4. º Patent generation costs arising from the technological development of the project."

Two. The first provision of Order CIN/1559/2009, of 29 May, on rules applicable to the aid covered by it, is worded as follows:

" Additional disposition first. Applicable rules.

1. The aid referred to in this order which is not wholly or partly financed by European Union funds shall be governed, in addition to the provisions laid down therein, as laid down in Law 38/2003 of 17 November 2001. Grants, and by its Regulation, approved by Royal Decree 887/2006, dated 21 July.

2. Without prejudice to paragraph 1, aid which is wholly or partly financed by European Union funds shall also apply to them under the relevant Community legislation, consisting of:

(a) Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999.

(b) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions for the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006 Regulation (EC) No 1260/1999.

(c) Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1083/2006 laying down the general provisions relating to the European Regional Development Fund, the European Social Fund and the Cohesion Fund, and Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund.

(d) Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund and repealing Regulation (EC) No 1784/1999.

(e) Regulation (EC) No 396/2009 of the European Parliament and of the Council of 6 May 2009 amending Regulation (EC) No 1081/2006 as regards the European Social Fund to extend the types of costs eligible for the ESF.

3. In addition, aid belonging to the sub-programmes listed below shall apply to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain compatible categories of aid to be compatible with the common market. with the common market pursuant to Articles 87 and 88 of the Treaty (General Block Exemption Regulation), published in the Official Journal of the European Union L 214 of 9 August 2008:

a) Subprogram of specialization in scientific infrastructures and international organizations.

b) Subprogramme of special actions to promote the internationalisation of R & D, when the corresponding call resolution declares it.

All this, without prejudice to the notifications under reference "State aid 188/2008" and "State aid 400/2010", carried out and authorised in accordance with Article 88.3 of the Treaty establishing the European Community (currently, Article 108.3 of the Treaty on the Functioning of the European Union) with regard to the National Network Programme, the National Public-Private Cooperation Programme, and the other sub-programmes of the National Programme for the Internationalisation of the I + D.

4. In cases where it comes from the nature of the aid granted, the managing body shall inform the beneficiary, both in the proposal for a grant decision and in the granting decision itself, of the de minimis nature of the aid, by making express reference to Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. '

Three. Paragraph 3.1 of Annex IV shall be worded as follows:

" 3.1 Evaluation criteria. -In the technical evaluation of the projects the Center for Industrial Technological Development (CDTI) will participate, when this is established in the call.

The evaluation criteria, whose terms can be specified in the call, are:

a) Return target (30 points).

b) Leadership of projects of the 7th Framework Programme of the European Union (20 points).

c) Promotion of business participation, especially by small and medium-sized enterprises, in the 7th Framework Programme of the European Union (15 points).

(d) Actions carried out in previous years of the Seventh Framework Programme of the European Union (15 points).

e) Economic viability of the action, matching the costs to the objectives and the activities envisaged in the Strategic Action Plan (10 points).

f) The descriptive level of the Strategic Action Plan (10 points). "

Single transient arrangement. Application of the exemption provided for in the General Block Exemption Regulation in respect of aid sub-programmes already called.

The application of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, In accordance with Article 1 (3) of the first paragraph of Article 5 (3) of Regulation (EC) No 159/2009, the Commission shall, in accordance with the conditions laid down in the first subparagraph of Article 4 (3) of Regulation (EC) No 159/2009, Regulation on the Subprogramme of Specialization in Scientific Infrastructures and Organizations International convened under Order CIN/1559/2009, of 29 May, by the Resolution of 22 April 2010, of the Secretariat of State of Investigation, approving the call of the year 2010, for the granting of the aid of several Subprogrammes of the National Programme of Internationalisation of 1 + 0, under the National Plan for Scientific Research, Development and Technological Innovation (2008-2011) ("BOE" of 28 April 2010), as amended by Resolution of 26 May 2010 2010, of the Secretariat of State of Investigation ("BOE" of 28 May 2010).

Single end disposition. Entry into force.

This order shall enter into force on the day of its publication in the "Official State Gazette".

Madrid, April 8, 2011. -Minister of Science and Innovation, Cristina Garmendia Mendizabal.