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Order Itc/3046/2009, Of November 12, By Which Establish The Regulatory Bases Of Grants For The Implementation Of Actions Within The Framework Of Public Policy For The Promotion Of The Competitiveness Of Strategic Industrial Sectors...

Original Language Title: Orden ITC/3046/2009, de 12 de noviembre, por la que se establecen las bases reguladoras de las ayudas para la realización de actuaciones en el marco de la política pública para el fomento de la competitividad de sectores estratégicos industriales ...

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Order ITC/909/2009 of 8 April, laying down the regulatory bases, aid for the implementation of actions in the framework of public policy for the promotion of the competitiveness of strategic sectors For the period 2009-2010 and the call for the financial year 2009, it was the start of a line of aids aimed to strengthen strategic activities, keys to accelerate the evolution of the strategic sectors Industry towards new, more advanced, more efficient and more respectful production models the environment and new products of added value, which will reduce the environmental impact during their life cycle and improve their safety, thereby contributing to the generation or, at least, to the maintenance of employment.

After the experience acquired during the recent period of validity of the indicated order, and in view of the persistence of the effects caused by the general situation of the decline of economic activity, it is considered necessary to give continuity of the measures envisaged to make it easier for companies in the industrial strategic sectors to make a commitment to investment and leading actions, which will ensure the maintenance of the activity of these sectors in Spain, anticipating what will be the most competitive market segments in the future, while improving significantly the production processes to promote their flexibility, their efficiency along the entire value chain, their sustainability and their energy efficiency. For this reason, the time-frame initially envisaged (year 2010) is extended.

In the new bases the material scope established in the second section of the first chapter of the Order ITC/909/2009, of April 8, is maintained, although in those that are now approved are added to the enumeration of strategic sectors Industry, as specified in that paragraph, the automotive and aerospace sectors.

On the other hand, considering the positive impact on competitiveness generated by improvements in energy efficiency, it has been considered appropriate to increase the types of actions to be supported, by adding investments in energy saving measures.

Another significant modification concerns the modalities of participation, as the possibility of the presentation of joint Competitiveness Plans between companies is removed, as this organization of activities does not is adaptable to the approach of Business Competitiveness Plans such as those constituting the financing object of this order.

In addition, a number of changes are included to speed up the management of the aid, and to facilitate the process of justification for the aid by the companies.

Finally, an annex is incorporated that systematically collects a set of specifications aimed at clarifying the types of actions to be supported, as well as facilitating the elaboration of the technical and economic memory must accompany the applications submitted.

The aid granted in the framework of this order shall be in accordance with the provisions 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 (General Block Exemption Regulation), published in the Official Journal of the European Union L 214 of 9 August 2008.

Article 17 of Law 38/2003 of 17 November, General of Grants, provides that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with own legal personality linked to or dependent on it, the relevant ministers shall establish the appropriate regulatory basis for the grant of the grants.

In its virtue, I have:

First. The purpose of this order is to establish the basis for the aid scheme to promote actions aimed at maintaining and improving the competitiveness of industrial strategic sectors in the period 2010-2011.

Second. Scope of material application.

1. The provisions of this order shall apply to the actions, as described in paragraph 6, which are part of the business competitiveness plans, are submitted by entities which fulfil the condition of the beneficiary and which belong to one of the following industrial strategic sectors:

a) Sector of equipment (electronic, telecommunications, mechanical, etc.).

b) Chemical and pharmaceutical sector.

c) Metal and steel sector.

d) Manufacture of metal products and manufacture of other non-metallic mineral products.

e) Rail sector.

f) Automotive sector.

g) Aerospace sector.

2. Calls arising from this order may be addressed to any of these industrial sectors as well as to others, to be determined, as long as the strategic nature of these sectors or the concurrency in them is justified. circumstances that advise the promotion of the adoption of business competitiveness plans, in the lines of action included in this standard.

Third. Scope of temporary application.

1. The aid provided for in this order shall be granted for the performance of actions covered by the date of entry into force of the calls resulting from this order and on 31 December 2011, both inclusive, provided that they are calls are made after the start of the financial year to which they refer.

2. If the calls are made before the beginning of the financial year to which they are referred, the aid provided for in this order shall be granted for the performance of proceedings between 1 January of the year to which the calls relate. calls and on 31 December 2011, both inclusive.

Fourth. Objectives.-The actions included in the scope of this order are intended to promote the competitiveness of the companies of the industrial strategic sectors, as defined in the fifth paragraph, and specifically in the following aspects:

a) Increasing the added value of products and services, oriented to clean production.

b) Increasing the efficiency and sustainability of production processes.

c) Reorientation of production towards more sustainable products that improve energy efficiency and its environmental impact throughout the life cycle.

d) Establishment of actions aimed at preserving employment and working conditions and improving the technical training of human resources.

e) Implementation of advanced production strategies and organizational processes.

Fifth. Beneficiaries.

1. For the purposes of this order they will have the beneficiary status:

(a) Companies: Private entity, irrespective of its legal form, which pursues an economic activity, which is validly constituted at the time of filing the aid application, and which belongs to the strategic sectors (c) industrial activities specified in the relevant calls, as set out in the second paragraph of this order.

Within the business concept, small and medium-sized enterprises differ, which in turn are defined and subdivided as follows:

Small and medium-sized enterprises (SMEs): As set out in Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the market Common application of 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, shall be understood to mean undertakings which comply with the following conditions: requirements:

1. º That employ less than 250 people.

2. º that its annual turnover does not exceed EUR 50 million, or its annual balance sheet does not exceed EUR 43 million.

3. The calculation of the number and limits for the associated enterprises is carried out in accordance with Article 6 (2) and (3) of Annex I to Commission Regulation (EC) No 800/2008. In the SME category, a small business is defined as a company that occupies less than 50 people and whose annual turnover or annual balance sheet does not exceed EUR 10 million, with the limits set in accordance with Annex I of the Commission Regulation (EC) No 800/2008.

In the SME category, a micro-enterprise is defined as a company that occupies less than 10 people and whose annual turnover or annual balance sheet does not exceed EUR 2 million, with the limits of the with that Annex I of Commission Regulation (EC) No 800/2008.

(b) Technical centres, with their own legal personality, dependent on undertakings meeting the requirements set out in point (a) above.

(c) Economic Interest Groups (EIGs), consisting of companies that meet the requirements set out in point (a) above.

2. Pursuant to Article 11.2 of Law 38/2003 of 17 November, General of Grants, where the beneficiary is a legal person, the associated members of the beneficiary may also be considered as a beneficiary. to carry out part of the activities which support the granting of the aid in the name and on behalf of the aid. Associate members are those among whom there is a relationship or link of a non-contractual legal nature, which is found in its statutes, in public deed or in an analogous document of foundation or constitution.

3. Persons or entities in whom some of the circumstances set out in Article 13.2 of the General Grant Law, or those that may be considered as undertakings in the (a) crisis in accordance with the Community guidelines on State aid for rescuing and restructuring firms in difficulty (2004/C 244/02), nor those undertakings which are subject to an outstanding recovery order after a prior decision of the Commission which has declared unlawful aid and incompatible with the common market, pursuant to 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 (general exemption Regulation) categories).

Sixth. Types of actions to be supported.

A) The competitiveness plans submitted by the companies defined in the fifth paragraph, which comprise activities included in the following lines of action, may be supported by:

1. Generation of new products or services or improvement of existing ones, which increase their added value, improve their sustainability and/or their safety. This category will include activities leading to the generation of prototypes of new products or products incorporating significant improvements in relation to existing ones. These prototypes may not be marketable unless the prototype is necessarily the final commercial product and it is too costly to produce it for use only for demonstration and validation purposes.

2. Reengineering of production processes. Activities to redesign production processes aimed at improving sustainability, flexibility and/or efficiency. This category covers the activities leading to the development and pilot testing of new processes or processes that significantly improve the sustainability, the flexibility of the production lines to adapt to the demand and efficiency (energy, resource use, etc.).

3. Adoption of advanced production systems involving the incorporation of information and communication technologies, in particular those aimed at establishing stable collaborations along the value chain of a product or service. The aid activities will consist of the design and implementation of a pilot project to establish network production systems, collaborative working environments or any system contributing to the adoption of advanced systems of production, including modifications or the introduction of new systems necessary to optimize the supply and distribution logistics linked to production. Investments for the creation and operation of distribution networks, as well as investments in logistics infrastructure that exceed the scope of the company, are excluded.

4. Studies to determine the technical feasibility of actions covered by paragraphs 1 to 3 above.

5. Training aimed at improving the training of the company's staff. In order for these actions to be eligible, they must be specifically linked to specific objectives of the competitiveness plan presented and will respond to one of the following typologies:

(a) Specific training: This includes a theoretical and practical teaching which is primarily and directly applicable to the current or future job of the worker in the recipient undertaking and which offers qualifications which are not transferable, or only in a restricted way, to other companies or to other areas of work.

(b) General training: This includes a teaching which is not unique or mainly applicable in the current or future job of the worker in the recipient undertaking, but provides qualifications for the most part transferable to other companies or to other areas of work. In any case, they must meet any of the following requirements:

i) is organized jointly by several independent companies or is open to employees of various companies.

ii) Has been recognised, approved or validated by public authorities or bodies.

6. Investments aimed at the improvement of Community standards for the protection of the environment or the increase in the level of protection of the environment in the absence of Community rules. Eligible investments in this line of action shall meet at least one of the following conditions:

(a) Investments enabling the beneficiary to increase the level of protection of the environment arising from its activities by exceeding Community standards, irrespective of the existence of mandatory national rules stricter than the Community's.

(b) Investments enabling the beneficiary to increase the level of protection of the environment arising from its activities in the absence of Community rules.

Investments aimed at making the company's adequacy to already approved Community standards that are not yet in force are excluded from this category.

It will be of particular interest to those actions which, in compliance with the above requirements, aim at the purification and reuse of effluents (especially water), as well as the recovery, recycling and reuse of product or process waste.

7. Investment in energy saving measures.

8. Environmental studies. Prior studies directly linked to the activities detailed in paragraphs 6 and 7 above shall be included in this category.

B) In the case of paragraphs 1, 2 and 3 of point A), the usual or periodic changes made to existing products, production lines, processes and services are not considered to be included. improvements; the increase in production capacity or service through the incorporation of manufacturing or logistics systems very similar to those commonly used; the abandonment of a process; the replacement or expansion of capital; exclusively derived from changes in the price of productive factors; customization; periodic changes of a seasonal character or some other character.

Seventh. Modalities of participation.

1. For the purposes of these regulatory bases, individual competitiveness plans may be presented exclusively.

2. Each company shall present a single Competitiveness Plan, the content of which shall be in accordance with the indent included as an annex to this order. In any case, it shall contain a general description of the action strategies envisaged by the undertaking on a horizon of at least two years, as well as the details of the actions to be carried out by the applicant in any of the action referred to in paragraph 6 of this order.

3. In the event that the same company has different lines of business or production sites, the Competitiveness Plans may be submitted for each of them.

Eighth. Subcontracting.

1. It is understood that a beneficiary subcontracts when it is aware of the total or partial implementation of the activity which constitutes the object of the aid with third parties. It is beyond this concept that the costs incurred by the beneficiary for the self-realization of the subsidised activity are to be contracted.

2. Where part of the implementation of a competitiveness plan is subcontracted, the cost of subcontracting may not exceed 90% of the total cost.

3. Where the subcontracting exceeds 20% of the amount of the aid and the amount exceeds EUR 60 000, a written contract must be concluded between the parties.

4. The aid and authorisation shall be deemed to be granted for the award of the contract by the granting authority, where the grant decision is notified to the beneficiary.

5. Subcontracting may not be performed with persons or entities in which some of the circumstances specified in Article 29.7 of Law 38/2003 of 17 November, General of Grants, are met.

Ninth. Total budget of the competitiveness plans under aid.-The competitiveness plans, in order to be eligible, must have an annual total budget of EUR 200,000 when the applicant is an SME or a Grouping of Interest Economic, and of EUR 1 million when the applicant is a large enterprise, according to the definitions contained in the fifth paragraph of this order.

10th. Modality of support for the financing of competitiveness plans. Features.

1. Aid for the financing of competitiveness plans may be granted in accordance with the limitations set out in the ninth paragraph of this order and in accordance with the following:

a) Grants.

b) Loans.

The grants and loans from which the competitiveness plans can benefit will be financed from the budgetary applications to be determined in the corresponding calls.

2. The support received by the beneficiaries may cover one or more of the modalities listed in the previous point.

In no case shall the limits laid down by Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application be exceeded. of Articles 87 and 88 of the Treaty (general block exemption regulation).

Aid for the financing of competitiveness plans, the lines of which are defined in the sixth paragraph, may be of a multiannual nature. Such aid shall be conditional on the existence of a budgetary entry for each financial year and the conditions laid down in Article 47 of Law No 47/2003 of 26 November 2003 for commitments on expenditure of this nature. Budget.

11th. Characteristics of the loans. -The characteristics of the aid in the form of loans will be as follows:

(a) Maximum amount of the loan: The amount resulting from the application of the aid intensity limits laid down by the said general block exemption Regulation, provided that they do not exceed the investment bankable.

(b) Maximum repayment term: Fifteen years, with a maximum period of five years ' absence.

c) Application interest rate of 0 percent per year.

(d) No guarantees shall be required for the granting of such aid.

12th. Intensity and compatibility of the aid.

1. In accordance with the limits laid down in the general block exemption Regulation, the maximum gross intensity of aid in the form of a subsidy of any kind, which may be granted for the various categories of The measures referred to in paragraph 6 of this order shall be as follows:

Environmental studies.

Category

Take Action Type

SMBs

Large Enterprise
-

Business
-
Percent

Mediana company
-

Training.

Specific training.
General training.

45
80

35
70

25
60

the level of environmental protection.

Investments.

55

45

35

Saving.

Investments.

40

30

Pre-investment studies.

70

60

50

Research and development and innovation.

Developing prototype/pilot projects (experimental development).

45

35

25

feasibility studies.

Studies prior to development activities.

50

50

40

2. The interest rate to be used for the purposes of updating and for calculating the amount of the aid, in the case of aid which does not consist of grants, should be the reference rate applicable at the time of the concession, in accordance with the the Commission Communication on the revision of the method of setting the reference and updating rates (Official Journal of the European Union C 14 of 19 January 2008).

3. The perception of the aid covered by this order will be compatible with the perception of other subsidies, aid, revenue or resources for the same purpose, from any national or public authorities or public authorities, European Union or international bodies. This compatibility shall be conditional on the amount of aid granted in any event being such that, in isolation or in competition with others, it exceeds the intensity of the aid applicable in accordance with the provisions of the This section.

13th. Concepts that can help.

1. The aid provided for in this order shall be intended to cover expenditure directly related to the implementation of the action plan for which it has been granted. The aid intensity shall be calculated in accordance with the project costs, provided that they can be considered eligible.

The budget presented by the beneficiary shall contain the breakdown by activities contained in the action plan, in accordance with the sixth paragraph of this order.

For each type of activity, the aids can be applied to the following concepts:

1. Aid for the implementation of investments aimed at the improvement of Community standards for the protection of the environment or the increase in the level of environmental protection in the absence of Community rules and aid for investment in energy saving measures (paragraph 6 and 6 and 7).

The eligible costs shall be the additional investment costs necessary to achieve a level of environmental protection higher than that required by the relevant Community rules, or to obtain energy savings, without taking into account the benefits and operating costs.

The concepts eligible for aid in this case will take the form of tangible assets or intangible assets:

(a) Material assets: Investments in land that are strictly necessary to meet environmental objectives, investments in buildings, facilities and equipment intended to reduce or eliminate pollution and other harmful effects, or to adapt production methods to protect the environment.

(b) Intangible assets: Assets linked to the transfer of technology through the acquisition of patent rights, licenses, know-how or unpatented technical knowledge.

2. Technical feasibility studies or environmental studies: the eligible costs will be the costs of the study (sixth paragraph A. 4 and 8).

3. Aid for training activities aimed at improving the training of the technical staff of the company (sixth paragraph A. 5.), with preference to those for working women and directives or predirectives which work in companies in the selected industrial sectors. The eligible costs for training activities shall be as follows:

a) Costs of teaching staff.

(b) Displacement expenses for teaching staff and training beneficiaries, including accommodation.

c) Other current expenses such as materials and supplies directly linked to the project.

d) Depreciation of instruments and equipment in proportion to their exclusive use for the training project.

e) Costs of advisory services in relation to the training project.

(f) Costs of staff of the beneficiaries of training and general indirect costs (administrative costs, rentals, overheads) up to an amount equivalent to that of the other eligible costs indicated in the (a) to (e), in this case, the indirect costs charged shall not require additional justification. For the staff costs of the training beneficiaries, only the hours in which the workers actually participated in the training may be taken into account, after deduction of any productive hours.

4. º For other performances, those referred to in the sixth paragraph. A. 1, 2 and 3 of this order:

(a) Expenditure of own personnel or contracted with exclusive dedication to the activity to which the aid is intended (managers, technicians and other auxiliary staff).

b) Costs of instruments and equipment, to the extent and during the period in which it is used for the implementation of the activities described in the action plan.

(c) Subcontracting, contractual investigation costs, technical knowledge and patents acquired or obtained by license from external sources at market prices, provided that the transaction has been carried out under conditions of full competence and without any element of collusion, as well as costs of consultancy and equivalent services, intended exclusively for the project or performance.

(d) Additional general expenses directly arising from the project or action. They include:

d.1) Indirect costs: These are those that are part of the expenditure of the action, but which by their nature cannot be directly imputed because they cannot be individualised (for example, electricity consumption, telephone, etc.). For their calculation, a percentage of 15% shall be applied on the expenditure of validly justified staff, without the need to provide supporting evidence of expenditure, unless the project is co-financed by ERDF funds.

d.2) Travel: Only this type of expenses will be admitted for persons dedicated to the Competitiveness Plan, provided that they appear nominally identified and the expenditure has been previously approved. The reason for the trip shall be related to the objectives of the plan, and shall be specified appropriately.

(e) Other operating expenses, including costs of material, supplies and similar products, resulting directly from the performance, other than expenses of office equipment, for consideration of expenses general.

The expenses arising from the report by an auditor or audit firm entered in the Official Register of Auditors of Accounts are included in this item for those cases where the account presentation is chosen. supporting the contribution of an auditor's report, provided that the beneficiary is not obliged to audit his/her annual accounts.

(f) Costs of buildings and land, to the extent and during the period in which it is used for the implementation of the activities described in the action programme. In the case of buildings, only the depreciation costs corresponding to the duration of the action programme, calculated in accordance with good accounting practice, shall be eligible for eligible costs. the costs of commercial transfer or capital costs in which it is actually incurred.

Indirect taxes are not considered to be eligible for indirect taxes when they are eligible for recovery or compensation (Article 31.8 of Law 38/2003 of 17 November, General Grant).

2. Where the amount of eligible expenditure exceeds the amount of EUR 30,000 in the case of cost per work execution, or EUR 12 000 in the case of supply of equipment or services by consultancy firms or technical assistance, the beneficiary shall request at least three offers from different suppliers, prior to the contraction of the commitment for the provision of the service or the delivery of the goods, except for the special characteristics of the eligible expenditure does not exist on the market sufficient number of entities supplying it or lend.

The choice between the tenders submitted, which must be provided in the justification, or, where appropriate, in the application for the grant, shall be made in accordance with efficiency and economic criteria, and must be expressly justified in a memory of the choice when it is not the most advantageous economic proposal.

3. With regard to inventoried goods, the provisions of Article 31 (4) and (5) of the General Grant Law shall apply.

The period of affixing of goods entered in the public register is fixed in five and two years respectively, unless the calls specify different periods, or unless the action is supported. have a longer term of execution, in which case the time limit for the condition shall be equal to that period of execution.

14th. Competent bodies to convene, instruct and resolve the award procedure and body responsible for monitoring grants.

1. The aid provided for in this order is called by the Minister for Industry, Tourism and Trade.

2. The authority responsible for ordering and instructing the granting procedures is the Directorate-General for Industry, which may designate the representatives of administrative units of this Ministry, whose participation in the training procedure is of interest to be experts and competent in the field.

3. The competent body to resolve is the Minister of Industry, Tourism and Trade, without prejudice to the existing delegations on the matter.

4. For the purposes of Article 88.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the body responsible for monitoring the aid will be the Directorate-General for Industry.

15th. Initiation of the procedure and arrangements for granting the aid.

1. The procedure for granting aid for which the bases are approved by this order shall be initiated on its own initiative.

2. The scheme for granting such aid is that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination.

sixteenth. Deadline for submitting applications.

1. The time limit for the submission of applications shall be 30 days from the date of entry into force of the standard for which the call is made, unless another deadline for submission is determined.

2. Once the aid has been called and if the circumstances so advise, the General Secretariat for Industry may extend the time limit by resolution.

seventeenth. Formalisation and submission of applications.

1. Applications for aid will be sent to the Directorate-General for Industry, the body responsible for instructing the procedure and will be available for completion and presentation on the Internet address of the Ministry of Industry, Tourism and Trade: www.mityc.es/portalayudas.

2. Applications shall consist of the following elements: aid application form, questionnaire and memory detailing the competitiveness plan provided for by the undertaking on the lines specified in the sixth paragraph of this Article. order, as well as a description of the main objectives in terms of improving the competitiveness of the company. Such memory shall have the structure and content specified in the Annex to this order of bases and shall include a reference to the information process carried out by the undertaking to the trade union representation bodies on the plan submitted. They will necessarily be completed with the electronic means of support available at the address of the Internet.

In the event that the applicant company is a large undertaking, additional memory should also be provided to demonstrate the incentive effect of the aid on the actions for which it is requested.

3. In accordance with Article 8 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 (Regulation (EC) No 800/2008) (OJ 2008 L, p. (a) the aid provided for in this order shall be applicable only if they have an incentive effect on the activity of the undertaking which is the subject of the aid:

(a) In the case of an SME it is considered that the aid granted has an incentive effect if, before starting work on the project or activity, the aid application has been submitted by the beneficiary.

(b) Aid granted to large undertakings shall be deemed to have an incentive effect if, in addition to the condition laid down in subparagraph (a), the documents submitted by the beneficiary are incorporated into the memory demonstrating the incentive effect of the aid on the actions for which it applies, by assessing one or more of the following criteria:

1. The substantial increase in the project or activity thanks to the help.

2. A substantial increase in the scope of the project or activity thanks to the help.

3. The substantial increase of the total amount invested by the beneficiary in the project or activity thanks to the aid.

4. The substantial increase in the pace of execution of the project or activity concerned.

4. The submission of the application, questionnaire, memory and additional memory, if any, shall be made by electronic signature advanced in the electronic register of the Ministry of Industry, Tourism and Trade. The electronic certificate shall correspond to the aid applicant.

In the same way all communications and notifications that are made throughout the processing of the electronic file, including the consultation of the situation of this file, will be done by means of telematics in the headquarters The Ministry of Industry, Tourism and Trade.

The electronic files that are attached to the request must be in Portable Document Format (PDF) and the maximum size supported for each of them will be 3 megabytes.

5. In respect of applications for aid for projects or actions of a multiannual nature, after the final judgment has been given, the beneficiary shall have no obligation to submit applications for subsequent financial years. annuities granted in the final judgment of his project or action, without prejudice to the obligation to present the supporting documents provided for in Article twenty-fifth of this order and to comply with the other requirements laid down by the rules in force so that the competent body can recognise the relevant obligation.

6. Together with the application, the applicant shall accompany the valid accreditation of the signatory's power, as well as the tax identification card (CIF) of the beneficiary, which shall be provided by any means which permits to have a record of his/her authenticity, in accordance with the provisions of Chapter III of Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and return of originals and the regime of the registry offices.

In application of article 35 of Law 11/2007, of June 22, of electronic access of citizens to Public Services, to facilitate the presentation of valid accreditation of the power of the signatory of the application, thus as any additional documentation, the interested parties may contribute a digitised copy of the same, whose fidelity to the original will guarantee by using the advanced electronic signature. The instructor body, as provided for in that Law 11/2007, of June 22, may require the particular display of the original documentation at any time.

7. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days of the day following the day of receipt of the requirement, remedy the lack or accompany the required documents, with a warning that if it does not do so, it shall be given the withdrawal of the application, in accordance with Article 71 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Procedure Common Administrative.

8. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the authorization the applicant for the granting of the accreditation of the fulfilment of tax obligations and the Social Security through electronic certificates. However, the applicant may expressly refuse consent, and shall then provide such certification when required by that body.

9. The applicant shall declare, in the application questionnaire, the aid which it has obtained or requested for the activities or projects eligible under this order. You must also update this statement if at any time after the instruction a modification of the initially declared occurs.

10. In the event that the requested documentation is already held by the granting body, the applicant, in accordance with the provisions of Article 35.f) of Law No 30/1992 of 26 November 1992, shall not be required to submit it, provided that it is record the date and the body or agency in which it was filed or, where applicable, issued, and where no more than five years have elapsed since the end of the procedure to which it relates.

11. For the granting of the aid covered by this order, the activities relating to the eligible competitiveness plans may not have been started before the submission of the application.

Eighteenth. Instruction.-The Directorate-General for Industry, the body responsible for the instruction set out in paragraph 14, shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data. pursuant to which the motion for a resolution is to be formulated, in accordance with the provisions of Article 24 of Law 38/2003 of 17 November, General of Grants.

Nineteenth. Assessment: Bodies and evaluation criteria.

1. In the assessment, in addition to the Directorate-General for Industry, as an instructor, the evaluation committee shall intervene in the manner set out in paragraph 3 of this paragraph.

If the Directorate-General for Industry considers it appropriate, experts from the various administrative units of the Ministry or other entities may be involved.

2. The evaluation committee shall consist of:

(a) The Director-General of Industry, who will hold the Presidency.

(b) The Deputy Director-General for Industrial Sectoral Policies, who shall exercise the Vice-Presidency.

c) An representative of each of the following administrative bodies shall act as a voice:

1. Undersecretary of the Ministry of Industry, Tourism and Trade.

2. Cabinet of the Minister of Industry, Tourism and Trade.

3. Technical Cabinet of the General Secretariat of Industry, Ministry of Industry, Tourism and Commerce.

4. Directorate-General for Small and Medium-sized Enterprises of the Ministry of Industry, Tourism and Trade.

5. Secretary of State for Energy, Ministry of Industry, Tourism and Trade.

6. Directorate-General for the Development of the Information Society of the Ministry of Industry, Tourism and Trade.

7. General Secretary of Innovation, Ministry of Science and Innovation.

8. Secretary of State for Climate Change, Ministry of Environment, and Rural and Marine Environment.

9. Directorate-General for Labour, Ministry of Labour and Immigration.

(d) An official of the General Subdirectorate of Industrial Sectoral Policies, who shall act as the Secretary of the Commission.

This commission shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. The results of the evaluations will be forwarded to the evaluation committee, which will issue a final report setting out the outcome of the evaluation, by referring it to the investigating body for the purpose of making the proposal provisional resolution.

4. The assessment of applications shall be carried out, taking into account the objectives set out in the fourth paragraph of this order, in a coordinated manner with the instructor, in accordance with the following criteria:

Pre-selection criteria: Identification of the objectives and their adequacy to those set out in the fourth section of this order.

Assessment Criteria:

a) Economic viability of the performance. (0-10 points). Aspects such as the adequacy of the budget to the objectives of the performance and the size of the entity, the commercial capacity of the entity, or the positioning of the entity in its sector shall be taken into account.

b) Industrial technical level of the competitiveness plan. (0-30 points). The technical quality, from an industrial and competitive point of view, will be assessed, both in the activities of its competitiveness plan (objectives and scope), as well as the human resources involved in its implementation. In order to assess this point, account will be taken of the orientation of the activities of the company's competitiveness plan towards the achievement of the objectives set out in the fourth paragraph of this order and, where appropriate, the priorities of the objectives. specified in the relevant call. Equally, aspects related to the industrial and economic risk involved in carrying out the activities of the competitiveness plan and the capacity to generate new lines of business will be assessed.

c) The test level of the competitiveness plan. (0-5 points). Assessing criteria such as the degree of exposure, clarity, simplicity and concision in the ideas expressed, the accompanying of graphs or explanatory schemes or the inclusion of a brief analysis with input of data on the current state of the the situation of the company and the industrial sector to which the applicant belongs.

d) Economic impact of the competitiveness plan. (0-10 points). Assessing aspects such as the multiplier effect of investment, the creation or improvement of stable industrial fabric, the establishment of stable relations with other local actors or the implementation of action in areas with economic problems structural.

e) Social impact of the competitiveness plan (0-10 points). Assessing the effects on the generation or maintenance of employment, especially female employment, in the enterprise itself and, in the case of the existence of employment regulation measures, which have been agreed between the company and the trade unions. The effects of the plan on the employment of the related industrial fabric that could be created or generated, in particular, the creation of employment for women, will also be assessed.

(f) Effect of the competitiveness plan on the business of the company (0-10 points). It will be assessed whether the competitiveness plan for which the aid is requested is aimed at encouraging the development of the company (s) towards products/processes of higher value added, more sustainable and more efficient, in relation to the sector average.

g) Need of the actions proposed to promote the internationalization of the company (s) that develops them (n) (0-10 points).

h) Incentive effect of the aid (0-10 points). The incentive effect of the aid on the applicant will be assessed in terms of boosting its actions towards the increase in business competitiveness.

i) Application submitted by companies belonging to an Innovative Business Grouping entered in the Special Register of innovative business groupings of the Ministry of Industry, Tourism and Trade, regulated by Order ITC/3808/2007, dated December 19, (0-5 points).

Twenty. Hearing and resolution.

1. The instructor, in the light of the dossier and of the report of the evaluation committee, shall make the proposal for a provisional, duly substantiated, resolution to be notified to the parties concerned, so that, within 10 days, the allegations that they deem appropriate, or express their acceptance. The acceptance of the data subject shall be deemed to be granted in the absence of a reply within 10 days of the notification of the provisional draft resolution.

2. Together with the notification of a provisional motion for a resolution, the procedure's instructor shall require the persons concerned, where appropriate, to provide the following documentation, which shall be provided within 10 days:

(a) Responsible statement for the accreditation of the fulfilment of obligations for reimbursement of aid.

b) Statement responsible for the aid that has been obtained for eligible activities or projects covered by this order.

c) Other documentation required in the draft interim resolution.

3. In the event that the interested parties raise allegations, the proposed final resolution will be formulated once they have been examined by the instructor body, which will be notified to the applicant entities that have been proposed as beneficiaries. so that, within 10 days, they communicate their acceptance or waiver of the proposed aid. The acceptance of the data subject shall be deemed to be granted in the absence of a reply within 10 days of the notification of the proposed final decision.

4. Once the proposal for a final decision has been raised to the body responsible for resolving the matter, the latter will give the appropriate judgment or order for the aid to be granted. The budget items for the aid allocated may also be included.

5. The notifications of the provisional motions for a resolution, the final motions for resolutions and the resolutions and orders for the granting of the aid shall be made in accordance with the provisions of Articles 58 and 59 of the Treaty. Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The lists of the provisional motions for resolutions, the final motions for resolutions, and the final decisions and orders for the granting of the aid will be published on the website of the Ministry of Industry, Tourism and Trade, having all the effects of notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November on competitive competition procedures. In addition, notice of the publication of the provisional resolutions and final resolutions may be received by means of SMS or e-mail messages.

6. As provided for in Article 63.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, July 21, the grant resolution in addition to containing the applicants to whom the aid and the express rejection of the other applications, may include an orderly relationship of all applications which, in compliance with the administrative and technical conditions laid down in these bases to acquire the status of beneficiary, have not been estimated to exceed the maximum amount of the credit fixed in the call, with an indication of the score given to each of them according to the assessment criteria provided for in the call.

In the above case, if any of the beneficiaries give up the aid, the granting body will have to grant the aid to the applicant or the following applicants in order of punctuation, provided that the aid is granted the waiver by any of the beneficiaries has been granted sufficient credit to cover at least one of the applications refused. The grant authority shall notify this option so that within 10 days it shall express its acceptance. In the absence of a reply within 10 days from the date of notification, the proposal shall be deemed to have been accepted by the applicant. Once the proposal has been accepted, expressly or tacitly, by the applicant or applicants, the granting body shall give the act of concession and shall give its notification in the terms set out in this paragraph.

7. The maximum period for the decision of the procedure and its notification is six months from the day on which the notice published in the "Official Gazette of the State" takes effect. If the competent authority to resolve such a decision has not been notified, the parties concerned shall be entitled to understand the request.

8. The aid granted will be published in the "Official Gazette of the State" in accordance with the provisions of Article 30 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, July 21.

However, where the amounts of the aid granted, individually considered, are of less than EUR 3 000, the publication in the Official Gazette of the State will not be necessary. In this case, the publication on the website of the Ministry of Industry, Tourism and Commerce will ensure the publicity of the beneficiaries of the same, according to their special characteristics, amount and number.

9. The proposals for interim and final resolution do not create any right in favour of the proposed beneficiary, vis-à-vis the Administration, while the granting decision has not been notified to it.

10. Within the framework of the Working Group on the Social Dialogue on Industry and Energy set up on 3 November 2008, the conclusions adopted by the Commission on the Evaluation of the various plans, prior to the notification to the Commission, will be reported. interested.

Twenty first. Amendment of the decision to grant aid.

1. The competitiveness plans financed must be implemented in the approved time and form to be collected in the granting decisions. However, where duly justified specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, the beneficiary may request the amendment of the resolution of the concession.

Any change to the approved competitiveness plan will require simultaneously:

(a) That the change does not affect the objectives pursued with the aid, its fundamental aspects, nor does it harm third-party rights.

b) That the change is requested before the end of the execution period of the competitiveness plan and is expressly accepted, notifying the interested party. The body responsible for resolving the requests for amendment shall be the body responsible for resolving this call for aid.

Twenty-second. Resources.

1. In accordance with Articles 116 and 117 of Law No 30/92 of 26 November 1992 against the decision of the procedure for granting aid, which will put an end to the administrative procedure, it may be brought to an appropriate replacement to the body which issued it, within one month of the day following that of the notification of the decision or three months from the day following that of the time limit referred to in paragraph 1. vigime.7.

Without prejudice to the foregoing, against the decision of the procedure for granting the aid, an appeal may be brought before the Chamber of the Administrative-Administrative Court of the National Court within two months of the decision of the Court of First Instance. the day following that of the said notification or six months from the day following the date of completion of the deadline set out above.

2. The interposition of resources may be carried out through the electronic records of the Ministry of Industry, Tourism and Commerce in the terms expressed in this order of bases and convocation and in accordance with the provisions of its bases regulatory.

Twenty-third. Payment.

1. All aid will be paid before the justification for the implementation of the competitiveness plan.

2. The beneficiaries shall not be required to provide guarantees. However, the payment of the aid, both in the first and successive annuities, if it has a multi-annual nature, shall be conditional on the fact that the management body has established that the beneficiary complies with all the requirements laid down in Article 1 (1) of the Article 34 of Law 38/2003 of 17 November, General of Grants. In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to do so within a maximum of 15 days from the day following the notification of the requirement to provide the appropriate certificates.

In the case of a multi-annual estimate of aid, payments in subsequent years to the grant of aid shall also be conditional on the existence of a record on the part of the managing body that the the beneficiary complies with the above requirements, the receipt of the monitoring documentation, as well as the available budgetary resources.

Twenty-fourth. Advertising. -Any reference in any medium of dissemination to the competitiveness plans covered by the present aid must include that it has been co-financed by the Ministry of Industry, Tourism and Trade.

Twenty-fifth. Justification, monitoring and control of the performance of the activities of the competitiveness plan.

1. The investment and expenditure provided for in the competitiveness plan will have to be carried out in the year for which the aid is granted. In the case of multi-annual aid, the investments and expenditure provided for in the competitiveness plan for each annuity shall be carried out in the year corresponding to the annuity granted.

2. The beneficiary shall submit the supporting documentation for the activities financed under these regulatory bases from 1 January to 31 March of the immediate year after the granting of the aid. In the case of multiannual aid, the beneficiary shall submit the supporting documents for the activities supported for each annuity from 1 January to 31 March of the year after the year corresponding to the annuity. granted.

After the deadline set without having presented the supporting documentation to the competent body, the latter shall require the beneficiary to submit within a 15-day period of time, with a warning that the lack of filing shall result in the requirement of reimbursement, in accordance with the provisions of paragraph twenty-seventh of the order, and other responsibilities laid down in Law 38/2003 of 17 November, General of Grants.

3. The justification for the aid will be made in accordance with Chapter II of Title II of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July and in agreement with the Chapter IV of Title I of Law 38/2003 of 17 November, General of Grants.

4. The justification for the aid received may be justified by the following forms of justification:

(a) A simplified supporting account for aid of less than EUR 60 000, in accordance with Article 75 of the said Regulation of the General Law on Subsidies, unless the project is co-financed with ERDF funds.

(b) A supporting account with supporting evidence of expenditure, as set out in Article 72 of that Regulation.

(c) A supporting account with a report of auditor, in accordance with Article 74 of that Regulation.

5. The supporting documentation as well as the detailed instructions and the corresponding forms will be published on the website of the Ministry of Industry, Tourism and Trade (www.mityc.es/portalayudas).

All documentation of the justification for the performance of the activities of the competitiveness plan must be submitted by means of telematics and advanced electronic signature, in accordance with the provisions of Order EHA/2261/2007, July 17, which regulates the use of electronic, computer and telematic means in the justification of subsidies.

The electronic submission of the supporting documentation shall be understood to include both the initial submission, within the period indicated above, and any possible sub-sanctions to be applied to the beneficiaries. by the managing body.

According to the provisions of Chapter II, Article 35, of Law 11/2007, of June 22, interested parties will be able to submit to the file digitized copies of the documents, whose fidelity to the original will guarantee by using advanced electronic signature.

The telematic presentation does not relieve the beneficiaries of the obligations, as set out in paragraph 6 of this paragraph, of retaining the originals of the supporting documents, audit reports, etc., in case they are subsequently required by the managing body and responsible for monitoring the aid or, when carrying out the legally provided control activities, by the General Intervention of the State Administration or the Court of Auditors.

6. The beneficiary shall be subject to the verification measures to be carried out by the managing body responsible for monitoring the aid, as well as to the financial control of the General Intervention of the State Administration and the audit of the Court of Auditors and, where appropriate, the rules applicable to the management of aid financed by structural funds and any other applicable legislation.

7. In cases where the supporting account takes the form of a supporting account with the contribution of an auditor's report, it shall be in accordance with the provisions of Order EHA/1434/2007 of 17 May approving the rule of action of the auditors in the conduct of the work of reviewing the supporting accounts of grants, in the field of the state public sector, as provided for in Article 74 of the General Law of Grants Regulation.

In the case of the supporting account with the contribution of the auditor's report under paragraph 4.c), the cost of the auditor's report may be eligible for a maximum of 50%, without exceeding the maximum amount of EUR 1,500, provided that such cost is included in the budget submitted with the aid application and that the beneficiary is not obliged to audit its annual accounts.

In cases where the beneficiary is obliged to audit his/her annual accounts by an auditor under Law 19/1988, of July 12, of Audit of Accounts, the election of the auditor to carry out the review of the account justification shall be the authority of the beneficiary.

8. In cases where the supporting account takes the form of a supporting account with the contribution of supporting documents, the verification of such supporting documents may be carried out using sampling techniques to obtain evidence reasonable on the proper implementation of the aid. The selection of the sample, in which the concentration of aid, risk factors and territorial distribution will be taken into account among other aspects, will be those contained in the annual action plan to be drawn up by the body. grant of the aid, as set out in Article 85 of the said Regulation of the General Law on Subsidies.

9. The monitoring of the activities of the competitiveness plans financed with respect to the technical and economic objectives (evolution of the developed work, established collaborations, progress made, exploitation of the results achieved, etc.) will also be carried out annually through the supporting documentation.

10. The financial returns that could be generated by the funds provided in advance to the beneficiaries will not increase the amount of aid granted.

Twenty-sixth. Non-compliance, reintegrating and sanctions.

1. Failure to comply with the requirements laid down in this order and in the other applicable rules, as well as the conditions which, where appropriate, have been laid down in the relevant award decision, shall give rise to the loss of the right the recovery of the aid or, where appropriate, prior to the appropriate recovery procedure, to the obligation to return the aid received plus the interest for late payment in accordance with the provisions of Title II, Chapter I of Law 38/2003 of 17 November, General of Grants and Title III of its Rules of Procedure.

2. The provisions of Title IV of Law 38/2003 of 17 November, General of Grants and Title IV of its Rules of Procedure shall apply if the cases of administrative offences relating to grants and aid are met. public.

Violations may be classified as mild, severe or very serious in accordance with Articles 56, 57 and 58 of the General Grant Law. The penalty for non-compliance shall be exercised in accordance with the provisions of Article 66 of the same law.

3. The agreement to initiate the refund procedure shall indicate the cause of the start, the obligations under way and the amount of the aid concerned.

Received notification of the initiation of the refund procedure, the data subject may submit the relevant allegations and documentation within 15 days.

It shall be for the decision of the file to be passed to the granting body of the aid, and the person concerned must be notified within a maximum period of 12 months from the date of the initiation agreement. The decision shall indicate who is the person liable for reimbursement, the non-compliance obligations, the cause of the proceedings between those provided for in Article 37 of the General Grant Act and the amount of the aid to be reintegrated with the interest delay.

Twenty-seventh. Graduation criteria for possible defaults. -Where compliance by the beneficiary is closely approximated to full compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the aid, the amount to be reintegrated will be determined by the application of the following criteria, which address the principle of proportionality:

(a) The total non-compliance of the purposes for which the aid was granted, the realisation of the financial investment or the obligation of justification, shall give rise to 100 per cent of the aid granted.

(b) The partial failure of the purposes for which the aid was granted, the realisation of the financial investment or the obligation to justify it, will result in the partial recovery of the aid in the percentage corresponding to the investment not made or not justified.

(c) The delay in the filing of the documents to justify the realization of the financial investment will take place, after 15 days after the institution's requirement for the loss of the right to the collection or recovery of 100 percent. one hundred of the aid granted, in accordance with Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants.

d) Unauthorized modifications to the financial budget may result in the return of the diverted amounts.

Single additional disposition. Applicable rules.

The aid referred to in this order shall, in addition to the provisions of that order, be governed by the provisions 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 (General Block Exemption Regulation) and, where appropriate, Council Regulation 1083/2006 of 11 July 2006 laying down the rules for the application of the common market general provisions concerning the European Regional Development Fund, the European Social Fund and the Fund Cohesion and repealing Regulation (EC) No 1260/1999, Regulation 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 and the Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions for the European Development Fund Regional, the European Social Fund and the Cohesion Fund, and Regulation (EC) No 1080/2006 of the European Parliament and the Council, concerning the European Regional Development Fund, as well as the provisions of Law 38/2003 of 17 November, General of Grants and its Regulation approved by Royal Decree 887/2006 of 21 July 2003, Law 47/2003, of 26 of November, General Budget, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and other provisions that apply.

Single repeal provision. Regulatory repeal.

Chapters I and II of the order ITC/909/2009 of 8 April 2009 laying down the regulatory bases, the aid for the implementation of actions in the framework of public policy for the promotion of the the competitiveness of industrial strategic sectors for the period 2009-2010 and the call for the 2009 financial year.

Single end disposition. Entry into force.

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

Madrid, 12 November 2009. -Minister for Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX

Structure and content of the business competitiveness plan's descriptive memory that must be part of the request

Part I: Overview of the Enterprise

This part will have an introductory character, and its objective is to provide general information about the company, with the objective of putting in context the actions that it poses in the Competitiveness Plan.

Consist of the following headings:

1. Presentation of the company. It will contain a brief description of the company's recent development and its current situation, taking into account the characteristics and situation of the sector to which it belongs. In any case, it will contain a summary table that includes at least the following fields.

field

Content

Activity main.

Description.

Complementary Activities (if any).

Description.

products summary.

Numbering. Volume and/or value of production. In the case of intermediate products, not destined for final markets, the sectors to which they are targeted will be indicated and in what proportion

(if any).

Enumeration by products.

Production Centers.

Enumeration. It will include both Nationals and International. The product line assigned to each center must be specified.

Processes.

Description. A brief technical description of the process will be provided, including the main inputs, as well as the generated waste

R&D&I's differentiated centers/units.

Enumeration. It will include both the Nationals and the International.

demand for the sector to which it belongs.

Description. Analysis of recent developments in the client sectors. In any case, it will include at least, the foreseeable demand for the requesting company

Evolution of orders.

Trend.

market share.

Estimate and trend.

Markets in which you are present (national and international)

Numbering.

Main distribution channels.

Numbering.

legislation applicable to products and/or processes.

Numbering.

2. Forecast of the immediate evolution of the company. A brief description of the expected evolution of the company, in relation to the expectations of the evolution of the sector to which it belongs.

Information Field

Content

Trend of the relevant market for the company. Expected evolution of current products in relation to the market.

Description. It will include national and international markets

threats and opportunities that arise for the company.

Description.

to enter new markets. Forecast to manufacture/develop new products.

Description.

entry trend.

Trend.

Evolution of Exports.

Trend by Products and/or Markets.

Evolution of the number of employees in the company.

Trend. Departments where variations are expected.

3. Objectives to improve the competitiveness of the company. The general objectives of the company should be summarised in a summary form, at least for the next two years, even if they do not involve action under this order. All the functions of the company (production, R & D, marketing, commercial, investments, human resources, organization, etc.) will be taken into account. An order of priority must be established between the same, at least, between high, medium and low grades.

Part II: Description of the Company's Competitiveness Plan.

In this part, the set of business projects will be described to be carried out according to the objectives of improving the competitiveness specified in part I point 3. Each project shall be organised on the basis of the lines of action referred to in the sixth paragraph of the Order of Bases. A reference shall also be made to other activities forming part of the project, even if they are not included in that paragraph. In addition, an annual activity planning will be provided, for each of the projects to be carried out, and finally a differentiated annual budget for each of them.

1. Description of the business projects to be performed. Each project will contain a set of actions with a common objective (improving the sustainability of a process or a product, developing and launching the production of a higher value added product, adopting advanced production strategies, etc.). The projects will be organized according to the following scheme:

a) Investments in R & D:

i) Experimental development activities aimed at generating new products or services or improving existing ones.

ii) Experimental development activities aimed at improving production processes.

iii) Experimental development activities for the adoption of advanced production systems.

All these investments will be able to contain the activities of conceptual definition of technological development, design, etc as well as the generation of unmarketable prototypes (except in the case that for its cost of production not can only be used for demonstration and validation) or pilot tests of non-mass production.

iv) Other R & D activities References to other R & D activities that will be carried out simultaneously in the company (other R & D projects, creation of permanent units, laboratories, agreements with other entities, etc) will be included.

b) Actuations in the staff area.

(i) General training: training actions that provide transferable skills to other companies or areas of work will be included. In any case, they must meet any of the following requirements:

It is organized jointly by several independent companies or is open to employees of various companies.

It has been recognized, approved, or validated by public authorities or authorities.

(ii) Specific training: shall include training actions directly applicable to the current or future work of the worker in the enterprise (e.g. management of certain equipment, manufacturing sw, etc.).

iii) Other actions. Other actions in the field of work will be described briefly which the company will carry out simultaneously with the implementation of the Competitiveness Plan (processes of negotiation of working conditions, plans of teleworking, reconciliation of work and personal life, outsourcing of activities, ERs in force, etc).

c) Investments to increase the level of protection of the environment arising from the activity of the company. They must be differentiated according to the following two groups:

i) Investments aimed at obtaining energy savings. The savings to be achieved (compared to the current situation), the strategy to achieve them will be described and the material resources needed to obtain them will be specified.

ii) Investments to reduce the impact on the environment of the producer. In this paragraph, investments to exceed the requirements laid down by the environmental legislation applicable to the production of the undertaking may be included. or, to improve in terms of environmental impact, productive areas that do not have specific legislation in the field.

Process or product modifications may be considered. In the case of products that do not have another specific environmental impact regulation, the improvements shall be related to the manufacture of products to which ecodesign criteria are applied.

In all cases where environmental legislation is exceeded, a reference to environmental legislation shall be included and the degree of exceedance to be obtained shall be specified in relation to the situation of departure.

iii) Other investments: references to other investments that are not in the framework of this order will be included, which will be carried out as part of the Company's Competitiveness Plan.

d) Pre-investment studies.

i) Technical feasibility studies prior to Experimental Development activities.

(ii) Environmental studies, prior to investments aimed at improving the impact on the environment of the producer or aimed at obtaining energy savings.

In all cases, the objective of the study will be described, including a brief justification of the need to perform it.

e) Other performances. A reference (no detail) will be included to other actions not included in the previous paragraphs that the company intends to develop as part of its Competitiveness Plan.

2. Annual activity planning. -This section will provide a summary table specifying the activities to be carried out for each of the years covered by the Competitiveness Plan, following the same scheme of the description. It is only necessary to specify those within the scope of the order, which can therefore be financed. The table must be in the following format:

Target

Types of activities that you understand

Description

Year 2010

Project 1.

Investments in R & D.

Specific Training.

General Training

Investments aimed at obtaining energy savings.

aimed at reducing the impact on the environment

studies.

...)

Project n.

Investments in R & D.

training.

training.

to obtain energy savings.

Investments aimed at reducing the impact on the direct environment of the producer.

Previous Studies.

Target

Types of activities that you understand

Description

Year 2011

Project 1.

Investments in R & D.

Specific Training.

General Training

Investments aimed at obtaining energy savings.

aimed at reducing the impact on the environment

studies.

...)

Project n.

Investments in R & D.

training.

training.

to obtain energy savings.

Investments aimed at reducing the impact on the direct environment of the producer.

Previous Studies.

Previous Studies.

3. Budget. The budget shall include the annual economic quantification of the projects specified in the table above, depending on the different types of activities. For each type of activity, the costs shall be broken down according to the financial categories set out in the thirteenth paragraph of this basic order, following the following scheme:

Types of activities
understanding

Financiable Costs

Amount (€)

Year 20XX

Project 1.

Investments in R & D.

Personal (distinguishing Production, Address and Administration, Sales, R & D, or others).
Concept 1.
...
Concept n.

Instrumental and Equipment.
Concept 1.
...
Concept n.

Expenses general (distinguishing between Travel and Indirect Costs).
Concept 1.
...
Concept n.

Other operating costs: Material, supplies, etc.
Concept 1.
...
Concept n.

Buildings and grounds (distinguishing between Buildings and Land).

Specific training.

Teaching staff (distinguishing between his own and hired).
Concept 1.
...
Concept n.

Displacement of teachers and beneficiaries.
Concept 1
...
Concept n.

Materials and supplies.
Concept 1.
...
Concept n.

Amortization of instruments and equipment.
Concept 1.
...
Concept n.

Advisory services.
Concept 1.
...
Concept n.

Payee staff cost and indirect costs.
Concept 1.
...
Concept n.

Training general.

Teaching staff (distinguishing between their own and hired).
Concept 1.
...
Concept n.

Displacement of teachers and beneficiaries.
Concept 1.
...
Concept n.

Materials and supplies.
Concept 1.
...
Concept n.

Amortization of instruments and equipment.
Concept 1.
...
Concept n.

Advisory services.
Concept 1.
...
Concept n.

Payee staff cost and indirect costs.
Concept 1.
...
Concept n.

Investments aimed at obtaining energy savings.

Material assets (breakdown).
Asset 1.
...
Active n.

Intangible assets (breakdown).
Asset 1.
...
Active n.

Investments intended for the reduction of the impact on the direct environment of the producer.

Material assets (breakdown).
Asset 1.
...
Active n.

Intangible assets (breakdown).
Asset 1.
...
Active n.

Studies

R & D Investments (distinguishing between Personnel, Subhires, and overhead).
Concept 1.
...
Concept n.

Investments improve environmental impact/energy saving (distinguishing between Personnel, Subhires and overhead).
Concept 1.
...
Concept n.

(...)

Project n.

Investments in R + D.

Staff (distinguishing Production, Management and Administration, Sales, R & D, or others).
Concept 1.
...
Concept n.

Instrumental and Equipment.
Concept 1.
...
Concept n.

General expenses (distinguishing between Travel and Indirect Costs).
Concept 1.
...
Concept n.

Other running costs: Material, supplies, etc.
Concept 1.
...
Concept n.

Buildings and land (distinguishing between Buildings and Land).

Specific training.

Teaching staff (distinguishing between your own and hired).
Concept 1.
...
Concept n.

Displacement of teachers and beneficiaries.
Concept 1.
...
Concept n.

Materials and supplies.
Concept 1.
...
Concept n.

Amortization of instruments and equipment.
Concept 1.
...
Concept n.

Advisory services.
Concept 1.
...
Concept n.

Payee staff cost and indirect costs.
Concept 1.
...
Concept n.

Training general.

Teaching staff (distinguishing between their own and hired).
Concept 1.
...
Concept n.

Displacement of teachers and beneficiaries.
Concept 1.
...
Concept n.

Materials and supplies.
Concept 1.
...
Concept n.

Amortization of instruments and equipment.
Concept 1.
...
Concept n.

Advisory services.
Concept 1.
...
Concept n.

Payee staff cost and indirect costs.
Concept 1.
...
Concept n.

Investments aimed at obtaining energy savings.

Material assets (breakdown).
Asset 1.
...
Active n.

Intangible assets (breakdown).
Asset 1.
...
Active n.

Investments intended for the reduction of the impact on the direct environment of the producer.

Material assets (breakdown).
Asset 1.
...
Active n.

Intangible assets (breakdown).
Asset 1.
...
Active n.

Studies

R & D Investments (distinguishing between staff, Subhiring, and overhead).
Concept 1.
...
Concept n.

Investments improve environmental impact/energy saving (distinguishing between Personnel, Subhires and overhead).
Concept 1.
...
Concept n.