Machine Translation of "Order Itc/1637/2009, On 10 June, By Which Regulate Bases For The Grant Of Aid To Exploration And Geological Research And..." (Spain)

Order Itc/1637/2009, On 10 June, By Which Regulate Bases For The Grant Of Aid To Exploration And Geological Research And The Improvement Of The Environment, In Relation To The Non-Energy Mining Activities.

Original Language Title: Orden ITC/1637/2009, de 10 de junio, por la que se regulan las bases para la concesión de ayudas a la exploración e investigación geológico-minera y a la mejora del medio ambiente, en relación con las actividades mineras no energéticas.

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TEXT

The economic outlook for mining is closely linked to the overall level of economic activity. Economic activity is also closely linked to the supply of mineral raw materials in adequate quantities, and with a reasonable guarantee of supply.

Industrial production, which is a determining factor in economic development, is very dependent on the supply of mineral raw materials, so that supply difficulties can cause a strangulation of the industrial activity and it must be borne in mind that the production of many mineral substances is concentrated in countries with a clear political risk, so that if the European Union is able to reduce its external dependence, it will be reducing the risks to the maintenance of industrial activity.

On the other hand, the construction industries are large consumers of mineral raw materials and most of them come from local markets as the relatively high transport cost in comparison with the with the selling price. In Spain, construction has had a very high growth in recent years which has produced a great demand for mineral substances that meet the requirements in quantity and quality to supply it, and the productive efficiency of the mining sector (a) a significant increase in construction activity has been allowed without a considerable increase in production costs, nor any strangulation due to a lack of supply of the mineral raw materials.

As a consequence of the above, it constitutes an objective of the administrative action in this matter the support of the actions whose objective is the exploration and geologic-mining investigation, directed to encourage the investigation geologic-mining in the areas with the greatest potential resources, thus seeking to encourage the research to expand, to know and to define the mining reserves; or the attenuation of the negative impact that in the quality of the environment could have the mining activities.

On the basis of this, Order ITC/1797/2007, of June 13, establishes the bases for the granting of aid to the exploration and geological-mining research and to the improvement of the environment, in relation to the mining activities energy.

Order ITC/1797/2007 of 13 June 2007 was authorised by the European Commission, in accordance with the terms of the Commission Decision of 8 May 2007 concerning the file 'State aid No 684 /2006-Spain', Amendment of the 499/04 system of aid for mineral exploration and the environment. The authorisation is valid until 31 December 2011.

the experience acquired in the application of the abovementioned order makes it necessary to make some changes, in order to improve the effectiveness of the aid provided and, on the other hand, to give more transparency to the management of the aid.

On the one hand, the two existing lines of geologic-mining research are simplified in order to distinguish between mining geological research projects aimed at the opening of new job centers and without The opening of new centers of work, from now on will be simply projects of geologic-mining research. The maximum percentage of help for the new line is one of the two lines above. It is, therefore, an administrative simplification of aid authorised by the Commission Decision of 8 May 2007 mentioned above.

In addition, and as far as environmental projects are concerned, the actions of small and medium-sized enterprises to comply with the new Community rules and the actions to be taken to overcome the situation have been considered so far

Community environmental legislation or action where there is no applicable Community environmental legislation. From the entry into force of this order the new line will be to overcome the Community rules or actions where there are no Community rules. The aid is covered by Article 18 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 EEC Treaty. Treaty (General Block Exemption Regulation).

On the other hand, and because of this aid scheme, companies and entities which have professional links, for other reasons, with the Secretary of State for Energy and in order to guarantee the aid, can submit applications to the The maximum level in the assessment of the projects presented is based on a procedure that ensures that the projects will be evaluated in advance to the knowledge of the identity of the applicant entities.

Article 8 of Law 38/2003 of 17 November, General of Grants, developed by its Regulation, approved by Royal Decree 887/2006 of 21 July, provides that grants will be awarded under the principles of advertising, transparency, competition, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the granting and efficiency administration in the allocation and use of public resources. This law also establishes the framework for action by the administration vis-à-vis the recipients of the aid, in order to achieve a better implementation of public funds.

Moreover, Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as Law 38/2003, of 17 November, General of Grants, essential requirements to ensure the impartiality of the procedure and the exercise of their rights to those administered.

Since the authorisation of the aid scheme in force is until 31 December 2011, this time limit is maintained for the order in question, in order to comply with the decision regulating this scheme as regards the aid scheme. aid for geological-mining exploration and research.

This order will be applicable until 31 December 2011, with annual calls for each of the financial years published.

Finally, the approval of this order, which is amenable in the competences of the State in terms of bases and coordination of the general planning of economic activity and on the basis of the mining and energy regime, Article 149.1.13 of the Constitution is made in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants, which provides that, in the field of the General Administration of the State, as well as public bodies and other entities governed by public law with legal personality Their own or dependent on that, the relevant ministers shall establish the appropriate regulatory basis for the grant of the grants.

In its virtue, I have:

CHAPTER I

General provisions

First. Material and temporary object and scope.

1. It is the object of this order, the regulation of the bases for the granting of the aid to the exploration and geological-mining research and the improvement of the environment, in relation to the mining activities. Projects should be directed to non-energy mineral raw materials and should be developed in the national territory. In the case of aid to the environment, action will be supported to overcome Community rules or actions where there is no Community legislation, aid which is provided for in Article 18 of Regulation (EC) No 800/2008. 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).

2. In Annex I to this order, the specific actions that can be supported in each of the specific areas are specified.

3. This order shall remain in force until 31 December 2011.

Second. Allocation of the aid.

The budgetary appropriations to which the aid is to be allocated shall be those laid down in its corresponding call. Prior to the call, the file for authorization of expenditure shall be processed as provided for in Article 34.1 of Law 38/2003 of 17 November, General of Grants.

Third. Requirements and obligations of beneficiaries.

1. The aid provided for in this order may be granted to public or private undertakings, groups of such undertakings and non-profit-making institutions.

For the purposes of this order, any entity, regardless of its legal form, which exercises an economic activity, shall be considered an undertaking. In particular, an undertaking shall be regarded as an undertaking which carries out a craft or other activity in an individual or family capacity, as well as the companies of persons and associations engaged in an economic activity on a regular basis.

In addition, the companies, groups or institutions mentioned above must be holders of the exploitation of the mining domain that is the object of the project in any of the forms mentioned in Law 22/1973, of 21 July, Mines.

2. No companies, groups or institutions shall be eligible for any of the prohibitions laid down in Article 13 of Law 38/2003 of 17 November, General of Grants.

3. For the purposes of this order, the concepts of small and medium-sized enterprises shall be in accordance with the definition contained in Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008, as follows:

(a) The category of micro, small and medium-sized enterprises (SMEs) is made up of companies that occupy less than 250 people and whose annual turnover does not exceed EUR 50 million or the balance sheet of which is does not exceed EUR 43 million per year.

(b) 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.

(c) 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.

4. Furthermore, the beneficiary may not be subject to a recovery order pending following an earlier Commission decision which has declared unlawful and incompatible aid with the common market, nor has it been in a crisis situation in accordance with the Article 1 (6) (c) and (7) of Commission Regulation (EC) No 800/2008 of 6 August 2008.

It is understood, in accordance with Article 1.7 of Commission Regulation (EC) No 800/2008 of 6 August 2008, that a company is in difficulty if it meets the following conditions:

(a) in the case of a limited liability company, which has disappeared more than half of its subscribed capital and has lost more than one quarter of its subscribed capital in the last 12 months

(b) if this is a company in which at least some of its partners have unlimited liability on the company's debt, which has disappeared more than half of its own funds, as indicated in the books of the same, and have lost more than a quarter of the same in the last twelve months, or

An SME with less than three years ' seniority shall not be deemed to be a firm in difficulty during that period unless it meets the conditions set out in point (c) above.

5. These are the beneficiaries ' obligations:

a) Meet the objective, execute the project, perform the activity or adopt the behavior that bases the grant of the aids.

(b) to justify to the authority the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the grant or enjoyment of the aid.

(c) Subject to the verification measures to be carried out by the granting authority, as well as to any other verification and financial control which may be carried out by the competent control bodies, both national and Community, providing as much information as required in the exercise of previous actions.

d) Communicate to the authority the granting of other grants, aid, income or resources to finance the activities supported. This communication must be made before the justification for the application given to the funds received.

e) Credit with the application for the aid that is current in the fulfillment of its tax obligations and in the face of the Social Security, in the form that is established in article 22.4 of the Regulation of Law 38/2003, November 17, General Grant, approved by Royal Decree 887/2006, dated July 21. This is without prejudice to the provisions of the additional 18th of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

(f) Dispose of the accounting books, completed records and other documents required in this order, duly audited, in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, in order to ensure the proper exercise of the powers of verification and control.

g) Keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of verification and control actions.

h) Adopt the dissemination measures contained in Article 18.4 of Law 38/2003 of 17 November, General of Grants.

i) Proceed to the reimbursement of funds received in the cases referred to in Article 37 of Law 38/2003 of 17 November, General of Grants.

Fourth. Subcontracting.

Beneficiaries will be able to contract the subsidised activities with third parties, subject to the following requirements:

1. It is understood that a beneficiary contracts with third parties for the full or partial implementation of the activity which constitutes the object of the aid. This concept is excluded from the procurement of those expenses incurred by the beneficiary for the self-realization of the subsidised activity.

2. The beneficiary may hire up to one hundred per cent of the eligible investment approved.

3. Where the concerted activity with third parties exceeds 20% of the amount of the aid or exceeds EUR 60 000, the procurement shall be subject to compliance with the following requirements:

i) to report on the request for the assistance of the activities to be outsourced and to justify their need;

(ii) the contract is concluded in writing and

(iii) to be authorised in the decision granting the aid by the authority to conclude such a contract.

4. The contractors shall be obliged only to the beneficiary, who shall bear the full responsibility for the implementation of the subsidised activity against the Administration. The beneficiaries will be responsible for ensuring that in the implementation of the concerted subsidised activity with third parties, the nature and amount of eligible costs are respected, and the contractors will be subject to the duty of collaboration provided for in Article 46 of Law 38/2003, of 17 November, General of Grants, to enable the proper verification of compliance with these limits.

5. In no case may the beneficiary be concerned with the partial implementation of the activities to be supported by:

i) Persons or entities incur any of the prohibitions in Article 13 of the General Grant Act.

(ii) Persons or entities that have received other grants for the performance of the activity under contract.

(iii) Intermediaries or advisers in which payments are defined as a percentage of the total cost of the transaction, unless such payment is justified by reference to the market value of the work performed or the services provided.

iv) Persons or entities linked to the beneficiary.

v) Persons or entities applying for assistance or grant on the same call and programme, who have not been awarded a grant for not meeting the requirements or not achieving sufficient valuation.

Fifth. Requirements, class and amount of grants.

1. The subsidies provided for in this order shall be granted on a competitive basis. The amount is fixed at a percentage of the eligible investment approved.

2. These aids are subject to the limits of the Community rules in force for the various categories of aid referred to in this order, in particular for aid for environmental action the maximum rate will be 35%. in accordance with Article 18 of Commission Regulation (EC) No 800/2008 of 6 August 2008 and in mining and exploration projects, the maximum percentage shall be 70 per cent as set out in the Decision of 6 August 2008. the Commission of 8 May 2007 approving the system of aid for mineral and medium-sized exploration environment.

3. The aid activities or projects in each of the areas covered by the grant are included in Annex I, the objectives and selection criteria in Annex II and the relevant scales are set out in Annex III.

4. The projects covered by this order, in accordance with the areas referred to in Annex I, may be eligible under the following conditions

4.1. Geological-mining exploration and research projects.

The aid will consist of a grant of a lost fund to cover 20% of the total investment considered eligible and in a reintegrable grant up to a maximum of 50% of the total investment. The sum of these two forms of aid may not exceed 70% of the total of the aid considered eligible. The lost fund grant will always be requested by the company, instead the reintegrable grant can be applied for in an optional way.

4.2. Projects which provide for environmental action to overcome Community rules or actions where there is no Community legislation.

The rate of aid may reach up to 15% of the investment considered eligible. The form of the aid granted shall consist, in its entirety, of a missing grant.

In geologic-mining exploration and research projects, in order to guarantee the return of the reintegrable part of the grant, the beneficiaries will have to provide a guarantee, being able to choose between:

i. Constitute a bank guarantee for 70 percent of the reintegrable grant.

ii. To constitute a bank guarantee for 30% of the reintegrable grant and the own mining right under the subsidised project. If the percentage of the reintegrable grant awarded to the project is 30% below the maximum percentage of the reintegrable grant provided for in this order, it will only be necessary to provide the mining right as a guarantee.

The return of the reintegrable part will be made in a period not exceeding ten years and will be made by means of semi-annual payments from the fifth year and until the tenth year. The company may at any time anticipate the return of the amount of the reintegrable part of the grant.

5. Both the grant and the amount of the grants shall be subject to the availability of the corresponding credit in the annual general budget of the State.

6. Where the sum of the amounts requested by those who meet the requirements for access to the aid is higher than the amount covered by the call, this amount shall be apportioned among the beneficiaries in proportion to the budgets of the their projects. The Commission for the technical assessment of aid may apply a weighted pro-rata basis on the basis of the score obtained in the assessment of the projects carried out in accordance with the ninth paragraph of this order provided that they are not altered. the conditions, purpose and purpose of the grant and unless the resulting individual amount is insufficient for the effectiveness of the aid or is not accepted by the majority of the beneficiaries, in which case the aid does not apply proration.

7. The maximum amount of aid granted to a project under this order shall not exceed EUR 500,000 and shall not be less than EUR 6 000.

CHAPTER II

Grant procedure for the aids

Sixth. Competent bodies for the management, instruction and resolution of the aid procedure.

1. The body responsible for calling and issuing the decision granting the aid referred to in this order shall be the Secretary of State for Energy, without prejudice to the delegations existing in this field.

2. The Directorate-General for Energy Policy and Mines will be responsible for the instruction and management of the procedure, through the General Secretariat of Mines, which will examine the applications and documents submitted, will carry out the request of any reports it deems necessary to resolve, requiring the person concerned to, where appropriate, remedy the absence or accompany the required documents within 10 days, indicating that if he does not do so, he shall be given a withdrawal. of his request, in accordance with the provisions of Article 71 of Law No 30/1992 of 26 November 1992, of Legal status of public administrations and the common administrative procedure. The General Secretariat of Mines shall also formulate the proposals for interim and final resolution, provided for in paragraph 12.

Seventh. Call.

1. The call shall be made annually by means of a decision of the Secretary of State for Energy and the procedure shall be carried out ex officio.

2. The time limit for the submission of applications and documents shall be one month, which shall be counted from the day following the publication of the annual call.

3. The system for granting the aid of the call shall be that of competitive competition.

4. The corresponding call shall have the minimum content set out in Article 23 of Law 38/2003 of 17 November, General of Grants.

Eighth. Requests.

1. The interested parties shall submit an application and documentation by project to the Secretary of State for Energy, in the General Register of the Ministry of Industry, Tourism and Trade (Paseo de la Castellana, number 162-28071 Madrid) or in any the forms provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The interested parties will also be able to submit the application for assistance to the Telematics Registry of the Ministry of Industry, Tourism and Commerce, by electronic signature. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid. The filing of the application with electronic signature will allow access, with the same certificate, to the Telematics Registry of the Ministry of Industry, Tourism and Commerce, where the documents presented and the state of processing will be consulted. of the dossier. It shall also accept the acceptance to receive all communications and notifications which are made during the processing of the electronic file through the Telematics Register, in accordance with the provisions of Order ITC/3928/2004, On 12 November, the Ministry of Industry, Tourism and Trade established a telematic register. In addition to the publication of communications and notifications through the Telematics Register, an additional system of alerts will be made available to the data subject by means of electronic mail, SMS messages, or in its fax defect.

2. In order to ensure that the confidentiality of the identity of the applicant entities is preserved in the assessment of each project submitted, the documentation must be submitted, together with the application, in two closed envelopes, without reference the applicant entity, and identified as on number 1 and on number 2. Both shall also be identified with the same number resulting from a combination of 10 digits (numbers and letters), chosen at random by the applicant, indicative of that both envelopes go with the same request.

2.1 The application must conform to the format set out as an annex in the annual call resolution.

2.2 Content of envelope number 1.

It will include the identity of the requester and the following administrative documentation:

(a) Photocopy of the tax identification number, individual business card or legal persons and entities in general, established in accordance with the provisions of Royal Decree 1065/2007 of 27 July 2007, the General Rules of Procedure and the procedures for the management and inspection of taxes and the development of the common rules for the procedures for the application of taxes and Order EHA/451/2008 of 20 February 2008 are hereby approved. regulates the composition of the tax identification number of legal persons and entities without legal personality.

(b) Where the application is not signed by the person concerned, the signatory who, if it contains a permanent delegation of powers, must be registered in the Register, as well as the writing of the constitution or amendment, where applicable, of the company registered in the Trade Register in the case of legal persons, or the National Identity Document of the individual employer.

c) Certified to be current in your tax obligations and in the face of Social Security. 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 of the applicant for the grant of direct access to the accreditation of the fulfilment of tax obligations and to the Social Security through telematic certificates. However, the applicant may expressly refuse consent, and must provide such certification when required by the Administration.

d) Membership of the company and full audit report on the annual financial statements of the last two years immediately preceding, except in the event that the applicant is a non-profit institution, without prejudice to the request of these documents for further clarification.

(e) Declaration of aid relating to the same project, granted by, or requested from, the European Union or any other national or international government or public authorities.

Aid granted by the Autonomous Communities must be justified by a certificate issued by the competent authority of the Autonomous Community.

(f) Statement of failure to receive aid which has been declared illegal or incompatible by the European Commission or where appropriate if it has received such aid, has made a refund or payment in a blocked bank account [In particular, as regards the following aid measures, declared illegal and incompatible by the European Commission: Tax aid-Alava I, Alava II and Alava III (cases CR 48/99, CR 49/99 and CR 58/00); Tax aid-Guipúzcoa I, Guipúzcoa II and Guipuzcoa III (cases CR 50/99, CR 53/99 and CR 59/00); Tax aid-Vizcaya I, Vizcaya II and Vizcaya III (cases CR 52/99, CR 54/99 and CR 60/00); Rio Tinto (case CR 38/2001)).

g) Statement of not being in crisis and that its solvency situation is normal in accordance with the terms of the third paragraph of this order.

h) Identity of the contract, if any, and the justification of its need, with the data on it that the applicant considers appropriate.

i) The form of financing of costs that are not covered by the aid should be included in the application.

(j) Likewise, and to comply with the provisions of Article 34.5 of Law 38/2003, of 17 November, General of Grants, and in Article 25 of Royal Decree 887/2006 of 21 July, for which the regulation is adopted which develops the said law, a statement that the requesting entity is not a debtor by resolution through a refund procedure.

If any of the documents referred to in paragraphs 2.2.a) and 2.2.b) of this paragraph have been filed by the petitioner before the Acting Administration during the preceding five years, it shall be sufficient to (a) state that the date and the administrative body before which it was lodged.

In the cases of material impossibility of obtaining the said documents, duly justified in the file, the competent body may require the applicant to submit it or, failing that, the accreditation of the other means of the requirements referred to in the documents, prior to the formulation of the draft provisional resolution.

2.3 Content of envelope number 2.

This envelope may not include any data, signal, or any other element about the identity of the applicant, or its deduction, as well as the name of the contract if any.

In addition, in the case of projects of environmental action for which Commission Regulation (EC) No 800/2008 of 6 August 2008 applies, the innovative effect of the aid, which in the case of SMEs are shown not having started the activities before the request for the aid and in the case of the large companies if in addition to the above, in the documentation submitted by the company in this envelope number 2 it follows that it is produced:

a) a substantial increase in the size of the project or activity thanks to the help;

b) a substantial increase in the scope of the project or activity thanks to the aid;

c) a substantial increase in the total amount invested by the beneficiary in the project or activity thanks to the aid;

d) a substantial increase in the pace of execution of the project or activity concerned.

This envelope will contain the project under the aid, and a sheet containing the most relevant data, in accordance with the annex to be set out in the annual call resolution, and which must be completed. In addition, the project memory should be adjusted as far as possible to the index listed in the call resolution annex.

Ninth. Assessment of requests.

The General Secretariat of Mines will forward, together with the rest of the dossier and its own report, the requests to the Commission for the technical assessment of the aid, who will carry out the assessment and comparison between the applications, in accordance with the procedure for granting competitive competition established in Chapter II of Title I of Law 38/2003 of 17 November, General of Grants.

10th. Commission for the technical assessment of aid.

1. The Commission for the technical assessment of aid shall be chaired by the Director-General for Energy Policy and Mines. He will be vice president of the Subdirector General of Minas. An official of the Cabinet of the Secretary of State for Energy, an official of the support unit of the Director General of Energy Policy and Mines, an official of the Technical General Secretariat and two officials of the Subdirectorate, will be members. General of Mines, exercising one of the vowels, after appointment by the Director General of Energy Policy and Mines, as secretary of the Commission, who will act with voice and vote.

2. The legal system of the Commission is set out in 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.

11th. Criteria for the assessment of aid.

The assessment of the projects shall be carried out in accordance with the general and priority criteria specified in Annexes II and III of this order for each of the aid lines.

By way of derogation from the previous paragraph, in mining exploration and geological research projects, preference will be given to grant the reintegrable aid for projects aimed at the opening of new centres

12th. Project identification and hearing processing.

1. Once the projects have been evaluated in accordance with the provisions of paragraph 9, the General Subdirectorate of Mines shall carry out its identification by opening the 1 correlative envelopes. After opening, pursuant to the sixth paragraph of this order, the Subdirectorate-General may request clarification from the parties concerned both on the documentation contained in the envelope number 1 and on aspects of the project. included in the envelope number 2 which may be necessary for the correct award of the grant, which shall be forwarded to the Commission for the technical assessment of the aid.

2. The Subdirectorate-General of Mines, in the light of the dossier of the analysis which the Commission for the technical assessment of the aid has carried out, where appropriate, of the documentation submitted by the undertaking, shall make a proposal for a provisional resolution which the parties concerned shall be notified in order to allow them to submit claims within 10 days. In the event that no allegations are made, it will be considered as definitive, with the General Subdirectorate of Mines being empowered to raise it to the Secretary of State for Energy to resolve.

3. In the event of allegations, once examined, the final draft resolution will be formulated, which will be notified to the persons concerned who have been proposed as beneficiaries so that within 10 days they will communicate their acceptance, which shall be deemed to have been granted after that period. The General Subdirectorate of Mines shall be empowered to raise the proposed final resolution to the Secretary of State for Energy to resolve.

13th. Resolution.

1. Upon processing of the authorization of the expenditure file, the corresponding decision to grant or refuse the aid shall be given by the Secretary of State for Energy. The decision shall be reasoned and the basis of the decision adopted shall be accredited in the proceedings.

2. The granting decision shall include the applicant or the relationship of the applicants to whom the aid is granted, the score obtained in the assessment process, the amount and breakdown of the eligible investment approved and the the amount of aid granted. In addition, the resolution must state the express dismissal of the other applications submitted.

3. The granting resolution may lay down technical and economic conditions of mandatory observance for the implementation of the eligible project or action.

4. The decision granting the grant shall be notified to the applicant with an indication of the time limits for the implementation of the project which is intended to be subsidised in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

5. The grant resolution may be amended later if a change in the ownership of the aid occurs because the company has been taken over or merged with another company, or in exceptional cases where the company justifies that it has not been able to complete the entire approved investment in which the investment can be modified to the downside.

6. The "Official State Gazette" shall publish the list of aid granted, expressing the programme, budget concept, holder and purpose of the aid.

14th. Deadline for resolution and notification.

1. The maximum period for the decision of the procedure and its notification is six months from the day following the publication of the corresponding call for aid in the Official Gazette of the State.

2. If the competent authority to resolve such a decision has not been notified, the parties concerned shall be entitled to understand their request.

15th. Resources.

The grant decision may be challenged in replacement within one month from the day following that in which the notification takes place, in accordance with the provisions of the same body which has issued it, in accordance with the provisions of the Articles 116 and 117 of Law 30/1992 of 26 November, meaning that, in this case, it will not be possible to bring an administrative dispute until it is expressly resolved or the presumed dismissal of the same compliance with the provisions of the same law.

The ruling that will be put to the end of the administrative route and against it can be brought before the Chamber of the Contentious-Administrative of the National Court, in accordance with the provisions of article 11.1 of the Law 29/1998, of July 13, regulator of the Jurisdiction-Administrative Jurisdiction, and article 66 of the Organic Law 6/1985, of July 1, of the Judicial Branch, in the wording given by the Organic Law 6/1998, of July 13, within two months to count from the day following the date of its notification, in accordance with the provisions of Article 46.1 of the Cited Law 29/1998 of 13 July.

The interposition of administrative resources before the Department's Telematics Registry may be carried out through the Internet address of the Ministry in the terms expressed in this order and in the call and agreement with the provisions of Order ITC/3928/2004 of 12 November establishing a telematic register in the Ministry of Industry, Tourism and Trade and regulating the technical requirements and conditions for the receipt or departure of applications, written and communications to be transmitted by telematic means.

sixteenth. Payment of the aid.

For the payment of the aid under this order the beneficiary will request it from the Directorate General of Energy Policy and Mines, attaching updated accreditation to be found in the current of its tax obligations and in the face of Social Security, in the terms set out in Articles 22 to 24 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

seventeenth. Advance payment of the aid.

Upon request of the person concerned, the aid granted each year may be paid, in whole or in part, before the project or action is carried out. In the event that the advance payment is granted, the beneficiary must provide proof of the lodging of a guarantee in the Deposit Box in any of the arrangements provided for in Royal Decree 161/1997 of 7 February 1997 approving the Regulation of the General Deposit Box and with the requirements laid down for them, for the amount of the advance payment and interest for late payment, from the moment of the payment of the advance to the date of completion of the project.

The application for advance payment may be made by the person concerned at the time of acceptance of the final decision. Where the amount of advance payment claims exceeds the available credit, it shall be distributed, in each of the groups of projects, in proportion to each undertaking on the basis of the quantity requested. The difference between the amount of the advance payment and the total aid to be paid shall be paid after the investment is checked.

The interest of delay is considered to be that provided for in Article 38.2 of Law 38/2003 of 17 November, General of Grants.

The warranty will be released when the accreditation takes place that the help source activity has been performed.

The bank guarantee that guarantees the return of the reintegrable part of the grant received in the projects of exploration and geologic-mining research, referred to in the fifth section of this order, will be reviewed later the receipt of the project, adjusting it upwards or downwards in the event that the advance payment has been requested and the corresponding guarantee referred to in the first subparagraph of this paragraph has been lodged.

Eighteenth. Justification.

1. The beneficiary of the aid must carry out the investments and present the supporting documents relating to them in the period from 1 January of the year corresponding to the year of the call and 15 May. corresponding to the following year in the year of the annual call, except in the case of aid for projects which provide for environmental action in which investments may not have started before the application for the grant.

2. In addition, the beneficiary shall be obliged to provide the checks aimed at ensuring the proper implementation of the subsidised action. It shall also be subject to financial control activities corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors.

3. The justification for the investments shall be made by means of the supporting account with the contribution of supporting documents in accordance with the provisions of Article 72 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. In addition to the provisions referred to in that Article, the justification of the work carried out, if carried out by the undertaking itself, shall be made by certification of the optional director of the mining operation, who shall record the activity of treats, the degree of implementation and the unit and total costs of labour and materials used. If the work is done by hiring, the corresponding invoices, payment documents (heel, pay, letter, etc.) and bank seat will be attached.

4. The delay in the submission of the documents to justify the completion of the financial investment shall take place, after 15 days following the request of the instructor, to the loss to the right to recovery or recovery of 100% of the aid granted in accordance with Article 70.3 of the Regulation of Law 38/2003 of 17 November, General Grant.

Nineteenth. Non-compliance, drawback and penalties.

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

2. They will have the consideration of violations and the conduct that is included in Title IV of Law 38/2003, of November 17, General of Grants, will be punishable.

3. The agreement to initiate the refund procedure must indicate the cause of the initiation, the obligations which have been breached and the amount of the aid concerned. Upon receipt of notification of the initiation of the refund procedure, the person concerned may submit the relevant allegations and documentation within 15 days.

It shall be for the decision of the file to be passed to the grant-giving body and the person concerned shall be notified within a maximum of 12 months of the date of the initiation agreement. The decision shall indicate who is the person liable for reimbursement, the obligations under consideration, the cause of the proceedings between those provided for in Article 37 of the General Grant Act and the amount of the grant to be reintegrated with the interest for late payment.

Twenty. Graduation criteria.

Regarding the graduation criteria for possible non-compliance with the grant of grants, in accordance with Article 17.3.n) of Law 38/2003 of 17 November, General of Grants, the following are set:

(a) The total non-compliance for the purposes for which the aid was granted, for the realisation of the financial investment or for the obligation to justify it, shall give rise to 100 per cent of the aid granted. It is understood that the objectives of the project have not been met if the percentage of expenditure is less than 75% of the eligible investment approved, in which case the full refund of the amounts received will be made.

(b) The partial non-performance of the purposes for which the application was made, the realisation of the financial investment or the obligation of justification, shall result in the partial reduction or drawback of the aid allocated, in the percentage corresponding to the investment not made or not justified.

c) Realization of unauthorized modifications in the financial budget will result in the return of the diverted amounts.

(d) The verification that in the execution of the project the expected conditions have not been respected and that from this non-compliance result a lower score than the one given in the assessment, will result in a decrease or drawback partial of the aid allocated equivalent to the percentage non-compliance found in the assessment.

These criteria, which correspond to the principle of proportionality, will apply to the budgetary concepts of the eligible investment approved, in order to determine the amount to be reintegrated. the beneficiary.

Twenty first. Compatibility with other aids.

The aid granted under this order is without prejudice to those which, in the exercise of their respective powers and under their relevant budgets, can be granted by the autonomous communities, in any case, the limits referred to in paragraph 5 of this order shall be respected.

They are compatible with other public aid as long as they do not exceed the limits laid down in Community legislation, in this sense as laid down in Commission Regulation (EC) No 800/2008 of 6 August 2008, shall not be cumulated with any other aid exempted under that Regulation or with any de minimis aid meeting the conditions laid down in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of the Articles 87 and 88 of the Treaty to de minimis aid, or to any other Community financing corresponding (partial or fully) to the same eligible costs if such cumulation exceeds the highest intensity or the largest amount of aid applicable to such aid under Commission Regulation (EC) No 800/2008 of 6 August of 2008.

Single transient arrangement. Files on processing.

The procedures for granting aid initiated under Order ITC/1797/2007 of 13 June 2007, the processing of which is not completed by the date of entry into force of this order, will continue to be processed by the until complete completion, in particular in respect of the projects of geologic-mining research with a reintegrable character favorable to continue the investigation to which the order mentioned above will be applied until it has been has defined the end result of the investigation.

Single repeal provision. Regulatory repeal.

1. Order ITC/1797/2007, dated 13 June 2007, is hereby repealed, laying down the basis for the granting of aid for geological-mining exploration and research and for the improvement of the environment in relation to mining activities. energy.

2. All provisions of the same or lower rank shall be repealed as set out in this order.

Final disposition first. General rules.

The aid referred to in this order, in addition to that provided for in this order, will be governed by the provisions of Law 38/2003 of 17 November, General of Grants, and its regulation, approved by Royal Decree 887/2006, of 21 July, in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Law 47/2003 of 26 November, General Budget, in the Community rules to which they are subject to such aid and other applicable rules.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 10 June 2009.-The Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX I

Listed activities eligible for exploration and mining geological research projects:

I. Basic and infrastructure works: Topography, photogeology, basic mining geological mapping, survey of stratigraphic series, profiles, display and preparation of samples, geophysics, geochemistry.

II. Identification of areas of interest -Geologic mining of detail mining. Accesses. Calicatas Research Galleries. Mechanical surveys. Drilling with witness recovery. Opening of exploitation fronts. Wells. Witness analysis. Other tasks.

III. Feasibility study of the field: Modelling of the field. Geostatistical methods. Assessment of exploitable reserves. Laboratory tests. Operating plan. Other performances.

List of eligible activities projects environmental actions:

I. Equipment, infrastructure works and other environmental actions.

Restoration or conditioning of mining and/or mining operations. Reduction of discharges to public channels. Cleaning and conditioning of waste mining waste. Purification or reduction of emissions to the atmosphere. Introduction of environmental management systems. Environmental audits. Other actions aimed at reducing the environmental impact of mining activities.

ANNEX II

Objectives, actions, and criteria for project and scale selection for each of the help areas

1. Geological-mining exploration and research.

1.1 Objective.

They will be able to obtain grant projects for exploration and geological-mining research aimed at locating and/or evaluating new mineral resources in new fields, as well as in fields in exploitation with the objective of increase or improve production in a business that the business has in place.

1.2 Eligible investments.

The work required for the implementation of the research and/or exploration project and which are included in the list broken down in Annex I to this call shall be eligible. Those actions that are part of the production process of the holding will not be subsidised.

1.3 Criteria for project and scale selection.

Some of the projected research actions will be evaluated, in particular the performance of calicatas, mechanical surveys, pilot fronts, research galleries or laboratory tests and tests; the rest of the Planned actions will not be assessed but will be eligible. The technical capacity and the human equipment involved and the technical feasibility of the project will be assessed on the basis of the geological-mining background of the mineral substance to be investigated and the fact that it is or not the continuation of the project. research financed by the Ministry of Industry, Tourism and Trade and carried out in previous years.

The objective of the research will also be assessed, both the mineral substance object of the project and the type of research projected in the sense of distinguishing if it is a question of defining new resources in areas not exploited, to define new stocks on holdings that are not currently active or whether it is a question of defining new stocks on existing holdings in holdings that are currently active.

The characteristics of the company that include whether or not they are small and medium-sized enterprises (SMEs) will also be valued, and these will be taken into account if they are micro, small or medium-sized enterprises.

Finally, the accredited co-financing by the autonomous community where the project is located will be valued.

When the amount of the planned investment does not correspond to the economic and financial capacity of the company, the project will not be subsidized.

The quantification of the criteria for evaluating the projects is set out in Annex III of this order.

When there is a tie in the total score obtained, the projects that have the highest score in paragraph one of Annex III will be chosen, and in case of the tie it will be the ones that get the most score in paragraph two.

2. Actions to mitigate the impact of mining activities on the environment.

2.1 Objective.

Projects will be able to obtain projects aimed at mitigating the environmental impact of mining activities in order to overcome the Community environmental regulations or to carry out actions wherever there are no regulations. Applicable Community.

2.2 Eligible investments.

The work required for the implementation of the project and which are included in the list broken down in Annex I to this call shall be eligible.

2.3 Criteria for project and scale selection.

The type of actions planned to mitigate the environmental impact of mining activity will be assessed by distinguishing between actions to condition balsas of mining waste, both active and inactive with substances hazardous, the conditioning and restoration of tailings and balsas in active, the reduction or avoidance of polluting emissions to public channels or the atmosphere, the conditioning and restoration of the operating fronts and the rationalization of water consumption.

The technical capacity and the human team involved and the technical feasibility of the project presented in this section will also be assessed in order to overcome the environmental standards and the fact that actions of previous years financed by the Ministry of Industry, Tourism and Trade.

Finally, the accredited co-financing by the autonomous community where the project is located will also be valued.

When the amount of the planned investment does not correspond to the economic and financial capacity of the company, the project will not be subsidized.

The quantification of the criteria for evaluating the projects is set out in Annex III of this order.

ANNEX III

Baremation of concrete actions that can be awarded within each specific area

Geological exploration and research projects

Rest of Performances

If it is small business

If it is medium enterprise

Decrease or avoid polluting emissions to public channels or the atmosphere

Rest

two previous years