Royal Decree 1579/2006 of 22 December 2006 establishing the aid scheme and the management system of the Programme to support innovation in small and medium-sized enterprises 2007-2013 provides in Article 1.2 of that Regulation. The aid scheme provided for in this Regulation is laid down in accordance with Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (SMEs). undertakings, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004 with a view to to extend its scope to aid for research and development and by Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises (SMEs). companies engaged in the production of agricultural products. Article 3 also states that its application after 30 June 2007 shall be based on the regulation which, where appropriate, replaces the said regulations.

Commission Regulation (EC) No 800/2008 of 6 August 2008 (D. O.U.E of 9 August 2008) declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the EEC Treaty (General Regulation on block exemption), it comes to replace the aforementioned Regulation (EC) No 70/2001 and, therefore, the application of the aid scheme for the InnoEnterprise Programme should be based on this new Regulation. This requires the modification of some of the aspects covered by Order ITC/633/2007 of 14 March 2007 and that these amendments be taken into account in the calls for aid which can be made from 2009 until 2013 as the year in which the implementation of the InnoCompany programme ends and the applicability of the new General Block Exemption Regulation at the end of 31 December 2013.

On the other hand, the experience gained with the implementation of the 2007 and 2008 financial years of the InnoCompany programme advises, for reasons of positive clarity in relation to the recipients of the programme, to take advantage of new open possibilities with the new regulation of the European Commission and the improvement of management, the introduction of some additional modifications aimed at improving the efficiency of the same.

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 your virtue I have:

Unique. Amendment of the ITC/633/2007 Order of 14 March establishing the regulatory basis for the centralised management system for support for projects of a supra-regional nature in the programme to support small and medium-sized enterprises (SMEs). Medium-sized enterprises (InnoCompany) 2007-2013.

Order ITC/633/2007 of 14 March establishing the regulatory basis for the centralised management system for support for projects of a supra-regional nature in the programme to support small and medium-sized enterprises (SMEs). Medium-sized enterprises (InnoCompany) 2007-2013, is amended as follows:

One. The first paragraph of paragraph 1 is worded as follows:

" 1. It is the aim of this order to establish the regulatory bases for the centralised management system for support for projects of a supra-regional nature of the Innovation Support Programme for small and medium-sized enterprises (InnoCompany). 2007 to 2013, in accordance with the provisions of Royal Decree 1579/2006 of 22 December 2006 establishing the aid scheme and the management system for the said programme and in accordance with Commission Regulation (EC) No 800/2008 of 6 August 2008 (Official Journal of the European Union L 214 of 9-8-2008) for the declaration of certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the EC Treaty (general block exemption Regulation). '

Two. The third subparagraph shall be worded as follows:

"For the consideration of small and medium-sized enterprises (SMEs) the definition of Annex I to Regulation (EC) No 800/2008 shall apply."

Three. Section 4 (1) is amended as follows:

" 1. This order will govern during the period 2009-2013. Its implementation shall be based on the regulation contained in Regulation (EC) No 800/2008. '

Four. Paragraph 3 is amended as follows:

" 3. It will also apply to the sectors of industry (including agri-food), construction, tourism, trade and services. The aid shall not apply to:

(a) Export-related activities, in particular those directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity.

(b) The aid conditional on the use of national products instead of imported products.

(c) The fishery and aquaculture products covered by Council Regulation (EC) No 104/2000.

(d) Primary production activities for agricultural products and for the processing and marketing of agricultural products, in the cases referred to in Article 1.3 of Regulation (EC) No 800/2008.

e) Activities of the coal sector.

(f) Regional aid to the steel sector.

g) Regional aid for activities in the shipbuilding sector.

(h) Regional aid for activities in the field of synthetic fibres.

No aid may be granted to undertakings which are subject to a recovery order following an earlier decision of the European Commission which has declared unlawful aid and incompatible with the common market, nor will it be eligible for aid. companies in difficulty. "

Five. The wording of paragraph 6 (1) is as follows:

" 1. Only those costs which are clearly in line with the nature of the activity supported shall be eligible. The period of coverage of the expenditure relating to the activities of the projects shall be from the date of submission of the grant application until the end of the period laid down in the decision to grant the grant. In no case, the acquisition costs which are eligible expenditure may be higher than the market values. '

Six. Paragraph (.2.c) is amended as follows:

" c) Cost of external collaborations such as technical assistance, external consulting and tutoring expenses, as well as costs of innovation advisory and support services related to projects including, others, those associated with:

i. the costs associated with the procurement and validation of patents and other industrial property rights, in the case of actions covered by measures 1.3 and 3.1 set out in Annex I of this order, as follows:

(a) all costs preceding the granting of the right in the first jurisdiction, including the costs relating to the preparation and submission of the application, as well as the costs of renewal of the application in which the application is made; Prior to the granting of the right;

(b) translation costs, etc., in order to obtain the right to grant or validate the right in other jurisdictions;

ii. the costs of advising for more innovative management in marketing and business cooperation models and linked to marketing projects as well as those needed to participate in the new alternative stock market or to facilitate the access to other sources of financing other than banking when dealing with actions of organisational innovation and advanced management covered by measure 1.1 set out in Annex I to this order. '

Seven. The section Sexto.4 happens to have the following wording:

" 4. These services shall not consist of permanent or periodic activities, nor shall they be related to the normal operating costs of the undertaking, such as routine tax advisory services, periodic legal services or advertising. "

Eight. Paragraph septimo.1 is amended as follows:

" 1. The aid intensity shall be as set out in the attached table. In the case of tangible and intangible investments, they will be in line with the regional constraints established by the European Commission and reflected in that table, based on the new Regional Aid Map for Spain in the period 2007-2013 (State aid No 626/2006) approved by the European Commission on 20 December 2006, with the quantitative limit set out in paragraph 6 (a) (a).

		Action or project type	Help intensity (brute)
			Unassisted regions	Assisted
	Investment in tangible assets and Non-material with the exceptions provided for in Article 5.1 (a) 1 of R.D. 1579/2006 of 22 December 2006.		Regional help
	Small businesses.	20%
		10	10%
	10		+ 10 percentage points
	Soft aids:
	A SME for consulting services (studies, advisory services, etc.).	50%	50%
		To SMEs to finance industrial property rights costs.	45% in small businesses and the 35% in midsize	45% in small businesses and 35% in mid-sized.

Where material or intangible investments are intended for the processing or marketing of agricultural products, the aid intensity may not exceed 75% of the eligible costs in the regions (ii) the outermost regions, 50% in the case of regions eligible for support under Article 87 (3) (a) of the Treaty and 40% in the rest of the assisted regions.

In the regions benefiting from regional aid, the investment to be granted must meet the double condition that the investment will be maintained in the beneficiary region for at least three years and that the The beneficiary provides at least 25 percent of its funding. "

Nine. In addition, paragraph 3 is amended, the wording of which shall be as follows:

" 3. Aid whose gross grant equivalent exceeds the thresholds laid down in Article 6 (1) of Regulation (EC) No 800/2008 as well as regional investment aid shall be subject to prior notification to the European Commission. granted to major investment projects in the case provided for in paragraph 2 of that Article. '

Ten.

paragraph is added at the end of paragraph 15.

"Resolutions shall include references to Regulation (EC) No 800/2008 as required by Article 3 (2) of Regulation (EC) No 800/2008."

Once. Two new paragraphs are added at the end of the 19th paragraph, the tenor of which follows:

" A procedure for stamping invoices shall be established showing that the invoice has been used to justify a grant from the InnoCompany programme and whether the amount of the supporting document is imputed or partially to the grant.

The supporting account referred to in paragraph decimoctavo.6 shall be accompanied by a report of an auditor of accounts registered as an exercise in the Official Register of Auditors (ROAC). The scope of this report shall affect all the information elements contained in that supporting account. The costs incurred by the beneficiary for this purpose shall be eligible up to an amount of EUR 800,00. '

Twelve. Paragraph 20. (b) is worded as follows:

" (b) Total non-compliance with the purposes for which the aid was granted shall also be considered, the justification of less than 50% of the eligible expenditure approved or the participation of less than 50% of the number expected from participating SMEs according to the approved application. "

Thirteen. The first paragraph of the first paragraph shall be the 20th first.3. A new paragraph 20 first.2 is added which is worded as follows:

" 2. Advance payments may be made during any financial year from 2009 until the last year of the implementation of the Small and Medium Enterprises Innovation Support Programme. "

Fourteen. Paragraph 1.3 of Annex I (Eligible acts) is amended, the wording of which shall be as follows:

" 1.3 Support for incorporation of product design, including elements of graphic identity, packaging, packaging and communication that are associated with the new product as well as, where appropriate, the financing of the costs of industrial property rights which may be derived. "

Fifteen. The following new wording is given to Section 3.1 of Annex I (Eligible acts):

" 3.1 Support for projects submitted by groups of companies whose activity forms part of the value chain of a product, through the joint implementation of integrated logistics, environmental or energy management projects, and other innovative joint implementation projects, such as concurrent engineering or distributed design, aimed at improving the processes and products of companies linked by the value chain, as well as, where appropriate, the financing of industrial property rights that may be derived. "

Single end disposition. Entry into force.

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

Madrid, 11 February 2009.-The Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.