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Order Pre/756/2008, Of 14 March, By Which Establish The Regulatory Bases For Granting Public Aid To The Science And Technology In The Instrumental Line Of Articulation And Internationalization Of The System Under The Plan Na...

Original Language Title: ORDEN PRE/756/2008, de 14 de marzo, por la que se establecen las bases reguladoras para la concesión de ayudas públicas a la ciencia y tecnología en la línea instrumental de articulación e internacionalización del sistema enmarcada en el Plan Na...

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The National Plan for Scientific Research, Development and Technological Innovation, 2008-2011, approved by agreement of the Council of Ministers of 14 September 2007, is the programming instrument that the system counts The aim of the programme is to improve the quality of life and the quality of life and to improve the quality of life and the quality of life. At present, this planning exercise falls within the frame of reference represented by the National Strategy for Science and Technology (ENCyT), adopted by the President of the Government and the Presidents of the Autonomous Communities. 11 January 2007, the scenario of which presents the following basic principles which should guide all actions of research, development and innovation (R & D + i) and, therefore, those funded under the national plan: first, the Research and innovation activities must be put at the service of citizens, social welfare and sustainable development, with the full and equal incorporation of women; secondly, these actions must be a factor for improving the competitiveness of businesses and, thirdly, they must be an essential element for the generation of new knowledge. For its part, the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, has, for the best achievement of its objectives, a structure based on four areas: the first, generation of knowledge and capacity; the second, the promotion of cooperation in R & D; the third, the development and technological innovation sector; and the fourth of strategic actions. All of them present in this provision. In order to meet these objectives, the new plan includes six instrumental lines of action, including the line for the articulation and internationalisation of the R & D + i system. This line of action is related to the reduction of fragmentation, the increase of critical mass in the system, as well as the strengthening of stable public-private cooperation and the articulation of regional systems in the context of the national and international. These are all dimensions that are of a strategic nature for the improvement of joint efficiency and the impact on competitiveness. The line of articulation and internationalisation of the R & D + i system includes the following national programmes: National Network Programme, National Public-Private Cooperation Programme, and National Programme for the Internationalisation of R & D, whose bases are approved by this order. Each of the national programmes mentioned includes several sub-programmes of support for various activities and specific actions. According to the National Plan for Scientific Research, Development and Technological Innovation, 2008-2011, there will be a single call for each of the specific national programmes, which may be annual or multi-annual. In addition, the new National Plan is based on the rationalization and systematization of the legislation governing science and technology grants, so that the present bases have also been taken into account. group a large number of aid, granted by various ministerial departments to different beneficiaries, to promote the achievement of the wide variety of objectives, including the instrumental line of articulation and internationalisation of the R & D + i system. This provision has therefore been drawn up with a broad approach which also allows, without the need to be modified, the evolution of calls in time, and it should be the calls for calls to be developed by the Commission. specific characteristics of each of the types of aid, within the legal framework and the definitions laid down in this order. On the other hand, the bases that are approved take into account the provisions of the new Law 11/2007, of June 22, of electronic access of citizens to Public Services. Other developments in the regulation of such aid are a consequence of the requirements imposed by the new Community framework on State aid for research and development and innovation (2006/C 323/01) and the adoption of management facilities. of aid provided for in the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, which is necessary to incorporate. It should be noted that from the point of view of the funding, the possibility of the calls for access to the new facilities provided by the State Administration, the European Development Fund, has been incorporated. Regional (ERDF), in its new programming system 2007-2013. Finally, the aid provided for in this order will be covered by the Community rules of application, in particular: the Community framework for State aid for research, development and innovation (2006/C 323/01); the Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999; Commission Regulation (EC) No 1828/2006 of 8 December 2006 December 2006, laying down detailed rules for the implementation of Regulation (EC) No 1083/2006 of the European Parliament and of the Council Council, laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, and Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the Fund European Regional Development; and Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. In addition to the actions described in this order, other forms of support for science and technology may be envisaged, in particular within the framework of the National Programme for the Internationalisation of R & D. In this way, the Centre for Industrial Technological Development (CDTI) will be responsible for the management of incentives for the participation of companies in the 7th Framework Programme for Research, Technological Development and Innovation. European Union. In this respect, within the scope of Euroingenuity, the CDTI as the manager of the Tecnoeurope Programme, will encourage and facilitate, in accordance with its procedures, business participation in the 7th Framework Programme of the European Union through the Existing and future instruments (International Innovation Units, UII; Technology Bond Programmes, PBT; and Aid for the Preparation of Proposals, APC +, Internationalisation Fund (approved for this programme in relation to JTIs) and others accompanying measures for support to businesses in the 7th Framework Programme of the European Union. In the case of technology platforms, beneficiaries will be able to be recruited by CDTI for the creation of International Innovation Units (IUs) in order to encourage and increase the participation of the platform members in the 7th Framework Programme of the European Union, within the Tecnoeurope Action. On the other hand, the CDTI, in accordance with its procedures, will establish the terms of reference funding for R & D + i projects led by companies in international decentralised financing cooperation in which it participates as Manager and driver, both at multilateral level (Eureka and Iberoeka) as well as bilateral (Chineka, Canadeka and others). The State Attorneys and the Interventions Delegated in the Proposer Departments have issued a report. In its virtue, on the proposal of the Minister of Industry, Tourism and Trade and of the Ministry of Development and Education and Science, I have:

Preliminary Title

General provisions

Article 1. Object of the order and scope of application.

1. The purpose of this order is the establishment of the regulatory bases for the granting of public aid to science and technology in the instrumental line of articulation and internationalization of the system, in the framework of the National Plan of Scientific Research, Technological Development and Innovation, 2008-2011.

2. Support for science and technology support in the system for the articulation and internationalisation of the system will be structured in the following programmes and sub-programmes:

2.1 National Network Program. These aids are intended to: support: (a) innovative business clusters (innovative clusters), encouraging inter-company cooperation and business with innovation agents, to improve the external competitive position of the final supply of goods and services (b) to technological platforms, promoting scientific and technological research among the various actors of the R & D + i system, through the creation of a group of companies, Public-private reflection, analysis and discussion on issues of national strategic interest (a) to promote the improvement of technological capacity.

The National Network Program will be articulated in the following subprograms:

a) Sub-programme of support for Innovative Business Pools (AEI).

b) Subprogramme of Support for Technology Platforms.

2.2 National Public-Private Cooperation Program. The aim of the aid is to promote the development of major projects which will increase the scientific and technological capacity of companies and research and technological development groups; to prepare the participating consortia for more efficient access to international programmes (the Seventh Framework Programme of the European Union) and to mobilise the participation of small and medium-sized enterprises in large-scale projects.

The National Public-Private Cooperation Program will be articulated in the following subprograms:

a) Subprogramme of support for national strategic research consortia (CENIT).

b) Subprogramme of support for strategic singular projects. (c) Subprogramme of support for public-private cooperation projects relating to transport and infrastructure.

2.3 National Program for the Internationalization of R & D. The aim of the aid is to promote the internationalisation of R & D & I by promoting the participation in international R & D & I activities of national actors and even research cooperation, in particular the promotion of Participation of Spanish groups in the international panorama and in particular of Spanish companies, technology centers and public centers in the 7th Framework Programme of the European Union.

The National Internationalization Program will be articulated in the following subprograms:

(a) EURORESEARCH Sub-programme.

(b) EUROSCIENCE Sub-programme. (c) EUROHEALTH sub-programme. (d) Subprogramme of integrated actions. (e) Subprogramme for the promotion of international scientific cooperation. f) Subprogramme of specialization grants in international organizations. (g) Subprogramme to support the participation of companies and technology centres in international R & D programmes. h) Other modalities of actions to promote the internationalisation of R & D.

Article 2. Temporary scope.

According to the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, this order will be applicable until December 31, 2011.

In the case of projects or actions whose implementation period extends beyond the year 2011, the last year of validity of the plan, the payment of the corresponding aid may be carried out until the end of its implementation, as set out in the respective calls and decisions granting aid.

Article 3. Concession scheme.

This order regulates the procedure for granting, in the form of advertising, transparency, objectivity, competitive concurrency and gender perspective, aid for the support of the actions contained in Title I.

Title I

Actions object of help

Chapter I

National Network Program

Section 1. Support for Innovative Business Pools

Article 4. Object.

These aids will be intended to encourage the formation and/or strengthening of the business groups that meet the characteristics, purposes and requirements of the established Innovative Business Groups (AEI). in the third and fourth paragraphs of Order ITC/3808/2007 of 19 December 2007 regulating the special register of innovative business groups of the Ministry of Industry, Tourism and Trade.

For the purposes of this order, an AEI is defined as the combination in a specific geographical area or industrial sector of companies, training centres, public or private research units, and other public or private actors, involved in collaborative exchange processes, aimed at obtaining benefits or benefits arising from the implementation of joint projects of an innovative nature. This activity will be organized around a market or market segment objective a branch or scientific-technological sector of reference. The purpose of the AEI thus structured will be to reach a critical mass such as to ensure its international competitiveness and visibility.

Article 5. Types of projects and actions to be supported.

The projects and actions to be covered by the aid under this sub-programme will be the following: (a) Elaboration of strategic plans. Strategic plans should contribute to the objectives of the Business Development Plan, approved by agreement of the Council of Ministers of 27 January 2006, in the development of the National Reform Plan, approved by the Council of Ministers on 13 October 2005 and on the fulfilment of the objectives of the Lisbon Agenda 2010. With regard to the plans for the tourism sector, they should be directed towards the implementation of the Spanish Tourism Plan Horizon 2020, approved by the Council of Ministers of 8 November 2007. Furthermore, the incentives provided for in this sub-programme are covered by the package of measures for the promotion, modernisation and industrial competitiveness, referred to in Title II of Law 21/1992 of 16 July 1992 on Industry, in particular, in Article 5 (3) (h). All the aspects outlined in this paragraph will be weighted for the assessment of applications.

The plans drawn up should make it possible to know in detail the objectives to be achieved by the candidate group for innovative business grouping (AEI) in the short and medium term and the companies and bodies involved in the itself. They shall contain the lines of action which enable them to be reached and their relationship with innovation and improvement of competitiveness through programmed and in the common interest for undertakings and bodies forming part of the EIP. They shall also include an estimate of the resources necessary to carry out these actions and a tentative scheme of the sources of financing provided for, detailing the funds to be provided by the undertakings and those expected to be obtained from public co-financing. They shall also indicate and justify the added value which, for the members of the future AEI, and for the future AEI as a whole, implies the formal constitution of the same and the advantages that for each of its members represents the joint action from the view of improving their individual and collective competitiveness in global markets. Finally, they will describe the management and coordination structures envisaged for the EIP. (b) the operation of the coordination and management structures of the EIP by financing part of the staff costs and the administrative and operational costs. c) Realization of specific activities aimed at strengthening the innovative potential and competitiveness of the companies of the AEI, oriented to the preparation of projects that allow access to the Community, state, regional and regional programmes (a) the support provided for in this programme, as well as the use of existing scientific, technological, service and innovation support infrastructures. In the case of clusters in the tourism sector, the content of the projects should be adapted to the Action Lines identified in the Innovation Programme under the Spanish Tourism Plan Horizon 2020, approved by the Council of Ministers of 8 November 2007, in particular in the fields of: transfer of technology in the creation and marketing of experiential tourism products; the facilitation of conditions for the creation of networks of experiences and platforms in support of marketing; promotion of the design and implementation of new technologies models, quality systems, planning and management tools for tourist destinations aimed at cultural and environmental social improvement; improving the innovation and human resources management capabilities of clusters tourism and the facilitation of joint and synergistic management of the same. (d) Realisation of projects designed to promote joint actions between different AEI, Spanish or Spanish, with clusters or clusters of similar characteristics located in other European Union countries, usually derived from a common strategic orientation in the different areas of business management, in particular: innovation, technology transfer and international visibility of the supply of goods and services. In the case of the tourism sector, the planned projects will be aimed at promoting joint actions between different AEI belonging to different subsectors of the tourist value chain, and/or between destinations and companies of the same segment or tourism product, in the areas established by the Action Lines identified in the Innovation Programme under the Spanish Tourism Plan Horizon 2020, approved by the Council of Ministers of 8 November 2007.

Article 6. Beneficiaries.

They may be applicants and beneficiaries of these aids: 1. For the elaboration of strategic plans (Article 5 (a)): (a) Collectives, groupings or associations constituted as non-profit entities, whose characteristics, purposes and requirements correspond to those of the AEI referred to in Article 4 of this order.

b) Non-profit entities acting as promoters of future AEI. c) Agencies and other public bodies that promote regional or local economic development and act as promoters of future AEI.

2. For the other types of actions envisaged (Article 5 (b), 5 (c) and 5 (d)), only those entities registered in the Special Register of Innovative Business Groups of the Ministry of Industry, Tourism and Trade, regulated by Order ITC/3808/2007 of 19 December 2007.

3. The calls for the development of these bases will be detailed, in the categories mentioned, which are the specific ones for this call. 4. In any case, the beneficiaries must meet the requirements laid down in Article 13 of Law 38/2003 of 17 November, General of Grants. The undertakings, groups or institutions in which one of the prohibitions laid down in that Article is present shall not be eligible for the aid provided for in this order.

Article 7. Eligible expenditure.

1. The aid provided for support to innovative business groups shall be used to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid may be applied to the following concepts: (a) Expenditure on technical personnel directly involved in the implementation of the actions or projects. The maximum salary ceilings shall be detailed in the corresponding calls.

(b) External partnerships, such as external consultancy costs and those other services specified in detail in the request for assistance and are necessary for the implementation of the planned action. (c) Interurban travel and accommodation necessary for the performance of the activity by the technical staff referred to in paragraph 1. (a) of this Article 7. The ceilings for the maximum acceptable amounts shall be detailed in the corresponding calls. (d) In the actions described in Article 5 (b), the expenditure of administrative staff and current expenditure and infrastructure shall also be eligible. The financial ceiling for current expenditure shall be at most 20% of the joint expenditure of technical and administrative staff appearing in the technical and economic memory accompanying the aid application.

Article 8. Intensity of the aid.

1. For the development of strategic plans described in Article 5 (a), up to 75% of the eligible expenditure shall be eligible for a maximum of EUR 100 000. In no case shall public funding exceed 100 per cent of the total cost of drawing up, formulating or drafting the plan. In no case will these aid be able to exceed the total amount per company of EUR 200,000, which is reduced to EUR 100 000 in the case of companies operating in the road transport sector, for a period of three years (a) tax, either individually or as a result of the cumulation with other de minimis aid granted to the same undertaking, as 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 on de minimis aid.

2. For projects in support of the coordination and management structures of the AEI described in Article 5 (b), up to 75% of the eligible expenditure and a maximum of EUR 75,000 per year may be subsidised. 3. The specific activities of analysis, coordination and preparation of projects in areas such as dynamisation, business management, internationalisation, logistics, technology, innovation and others, as described in Article 5 (c), up to 60% of the eligible expenditure eligible for a maximum of EUR 100 000 may be subsidised. 4. The projects set up to promote joint actions between different AEI, as described in Article 5 (d), may be eligible for up to 70% of the eligible expenditure with a maximum of EUR 100 000 per year. AEI concorcada, except in the case of AEI of the tourism sector in which the maximum will be 150,000 euros. 5. Without prejudice to the foregoing, the cumulation of other aid for the same subsidised action shall be possible, unless such cumulation would lead to an aid intensity exceeding that laid down for the specific circumstances of each the case in a block exemption regulation or in a decision taken by the Commission. In this case, the limits set will apply both if the contribution for the subsidised action comes from State resources or partly financed by the European Union. 6. In order to ensure compliance with the conditions set out in the previous paragraph, applicants shall be required to declare a declaration on all the public aid granted or requested for the same action, as well as the aid granted by de minimis received by each of the AEI members during the two previous fiscal years and during the current fiscal year. 7. Where, in the financing of one or more of the aid referred to in this order, the Ministry of Industry, Tourism and Trade together with the Ministry of Industry, Tourism and Trade, other public administrations as co-financing the aid, their financing The Ministry of Industry, Tourism and Trade will not in any case exceed 90 percent of the total public funding they receive.

Section 2. Support for Technology Platforms

Article 9. Object.

These aids will be used to encourage the creation of forums for meetings between all the actors in the science-technology-enterprise system, called networks and technology platforms.

This type of action aims to bring together all public and private actors in the value chain of a particular sector to identify and prioritize technological and research needs in the medium and long term. of this sector. Given that, by their very nature, networks or technology platforms can integrate a very high number of entities, they must have a Network Manager Council or a platform to facilitate the performance of management, coordination and dialogue with the General Administration of the State.

Article 10. Types of projects and actions to be supported.

1. The actions of the networks and platforms which may be supported are the following: (a) dissemination actions, aimed at all the actors of the science-technology-enterprise system, the results of research activities or the existing public and private actions of interest to the sector.

b) Information or work exchange forums, which are conducive to advising the bodies responsible for technological policy. c) Actions aimed at promoting cooperation between entities for the development of applied research projects, technological development projects and innovation projects. (d) All actions to be carried out for dissemination, analysis and planning in the form of: congresses, work meetings, conferences, publications and reports.

2. The above actions may be performed in accordance with one of the following:

a) Individual action. Such actions may, in any case, be subject to subcontracting.

b) Acting in cooperation. Actions carried out by several beneficiaries. In this form of cooperation, the number of participants in the pool of entities submitting the application shall not exceed five. A single representative or proxy for the grouping of entities performing the cooperation shall be appointed for this purpose.

The relations of the beneficiaries will be formalized by a contract, agreement or agreement establishing the rights and obligations of the different participants. However, both in the application and in the decision to grant aid, the implementing commitments made by each participant and the amount of the aid to be applied to each participant shall be indicated.

3. The submission of applications for aid in the form of individual action or in cooperation shall be carried out by the members of the Management Board who manage and assume expenditure in the organisation of the action covered by the aid.

Article 11. Beneficiaries.

1. They may be applicants and beneficiaries of such aid: (a) Enterprise, as such, any entity which is its legal form, which carries out an economic activity and which is validly constituted at the time of its submission of the aid application. For the purposes of this order, they are integrated in particular in the concept of company, private commercial companies, public commercial companies, public entities and individual entrepreneurs.

Within the concept of enterprise, small and medium-sized enterprises differ, which in turn are defined and subdivided as follows. Small and medium-sized enterprises (SMEs). This means, in accordance with Recommendation No 2003 /361/EC of the European Commission of 6 May 2003 on the definition of micro, small and medium-sized enterprises, the undertaking which meets the following requirements:

i) To employ less than 250 people.

(ii) that its annual turnover does not exceed EUR 50 million, or its annual general balance sheet does not exceed EUR 43 million. (iii) the calculation of the staff and limits in the case of associated or connected undertakings is carried out as provided for in Article 6 (2) and (3) of the Annex to that Recommendation of the European Commission of 6 May 2003.

Small business. This means the undertaking which occupies less than 50 persons and whose annual turnover or annual balance sheet does not exceed EUR 10 million, the limits being computed in accordance with the recommendation of the Commission referred to above.

Microenterprise. This means the undertaking which occupies less than 10 persons and whose annual turnover or annual balance sheet does not exceed EUR 2 million, the limits being computed in accordance with that recommendation of the European Commission of 6 May 2003.

(b) Technological centres: legal person, legally constituted without profit, which is legally intended to contribute to the improvement of the competitiveness of undertakings by promoting research This is the case for the development of experimental development and innovation, which is registered as the Centre for Innovation and Technology (CIT) in the register provided for in Royal Decree 2609/1996 of 20 December, which regulates the Technology Innovation Centres. Calls may limit certain aid to technological centres, depending on whether the ownership or body of the government is mainly of business associations or undertakings of the same field of activity as the centre and not they belong to the same group of companies, or depending on the majority of the property or body of government.

(c) Private universities for university research and development: private universities, or their private university departments and institutions, provided they have legal personality in accordance with the provisions of the Law Organic 6/2001, of 21 December, of Universities. (d) Other private non-profit research and development centres: any private entity with its own legal personality and non-profit, with demonstrated capacity and activity in projects or actions of scientific research and technological development. These entities are not considered to be included in the technology centres, nor the private university centres of the previous letter. (e) Public research bodies to which the Law 13/1986 of 14 April, the Promotion of Scientific and Technical Research and its development provisions, and similar provisions of the Autonomous Communities apply to them. f) Public universities, their departments and university institutes, provided they have their own legal personality, in accordance with the provisions of the Organic Law 6/2001, of 21 December, of Universities. (g) Other public research and development centres, including public bodies with the capacity to carry out R & D, not covered by Law 13/1986 of 14 April or similar provisions of the Autonomous Communities. Also in this category are the R & D centres with their own legal personality dependent on or linked to the State Administration and the dependent or linked of the territorial public administrations and their bodies. whatever its legal form (foundations, public hospitals, consortia, etc.). (h) Other entities governed by public law: those provided for in Article 2 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, not mentioned above. i) The following groupings or associations:

1. Temporary Union of companies.

2. Group of Economic Interest, formed by companies or companies with other entities. 3. Non-profit sectoral business associations. 4. Innovative business groups (AEI), recognised by the Ministry of Industry, Tourism and Trade. 5. Other groups of beneficiaries referred to in paragraphs (a), (b), (c), (d), (e) of this paragraph.

2. It is understood by non-profit entities, technology centres, private university centres, the other private research and development centres without profit, public research bodies, private universities, other public R & D centres and public law entities, as defined in Article 11.1 and within the groupings or associations of undertakings, exclusively by legally sectoral business associations constituted.

3. Persons or entities in whom some of the circumstances set out in Articles 13.2 and 3 of Law 38/2003 of 17 November, General of Grants, may not obtain the status of a beneficiary.

Article 12. Eligible expenditure.

1. The aid provided for support for networks and/or technology platforms shall be used to cover expenditure directly related to the development of the action for which they have been granted. Such aid may be applied to the following concepts: (a) Expenditure on own or contracted staff originating from the management of the platform. That is, those generated exclusively by the technical support staff (management personnel). The other staff costs shall be borne by the organisation itself.

(b) Subcontracting exclusively derived from the action. (c) Fungible material. (d) New equipment and equipment. (e) Other supplementary general expenses directly arising from the action. (f) the expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors for the justification of the aid where there is an obligation to provide the supporting account with a contribution the auditor's report, that this cost has been included in the budget submitted with the aid application, and that the beneficiary is not obliged to audit its annual accounts.

2. In the case of public research bodies, public universities and in general the bodies whose budgets are consolidated in the general budgets of the State or the Autonomous Communities and/or whose activity is (a) eligible for financing by means of the corresponding internal transfers between budgets, expenditure on the costs of fixed or contractually linked fixed staff, etc., which are already covered, shall not be considered for the appropriations provided for in the General Budget Law of the State or in the Budgets of the Autonomous Communities.

3. In the case of supply of equipment, where the amount of eligible expenditure exceeds the amount of EUR 12 000, the beneficiary shall request at least three offers from different suppliers on the basis of the commitment to the delivery of the goods, unless it is established that other entities providing for the aid are not available on the market or that the expenditure was made prior to the aid application. Compliance with this obligation must be accredited by the beneficiary when it presents the justification for the action.

Article 13. Intensity of the aid.

1. In the case of grants for support to technology platforms, the maximum gross aid intensity in the form of grants shall be 95 per cent of the financial cost of the action in the case of non-profit-making entities, and 50 per cent the financial cost of the action for the other entities.

2. In the case of loans for support to networks and/or technology platforms, the maximum amount of the loan shall be 75% of the financial cost of the action, respecting the aid intensity limits laid down for the grants, It is understood that in order to meet these limits the amount of the loan is calculated in terms of gross grant equivalent. 3. In the case of repayable advances from the European Regional Development Fund (ERDF), the amounts fixed for grants may be reached.

Chapter II

National Public-Private Cooperation Program

Section 1. Support for national strategic research consortia (CENIT)

Article 14. Object.

These aid will aim to finance stable public-private cooperation in research and development (R & D), in areas of strategic importance for the economy, through the creation of national strategic consortia. of technical research.

Article 15. Types of projects and actions to be supported.

Aid for the creation of national strategic research consortia will be directed towards the financing of large integrated industrial research projects of a strategic nature, a large scale and Long scientific-technical scope. Such projects should be geared towards a planned research in future technological areas and aim at generating new knowledge which could be useful for the creation of new products, processes or services or for the integration of technologies of strategic interest, thus contributing to a better technological positioning of the Spanish productive fabric.

For these purposes, industrial research means planned research or critical studies aimed at acquiring new knowledge or skills that can be useful for developing new products, processes or services or to significantly improve the existing ones. Includes the creation of complex system components that are necessary for industrial research, especially the validation of generic technology, except for prototypes that can be considered as experimental development according to the Framework Community on State aid for research and development and innovation (2006/C 323/01). The projects submitted under this CENIT sub-programme should have an average annual budget of between EUR 5 million and EUR 10 million. The duration of the projects will be four years.

Article 16. Beneficiaries.

1. It may request and, where appropriate, be a beneficiary of such aid, any grouping of public or private legal persons, in the terms provided for in Article 11.3 of Law 38/2003 of 17 November, General of Grants.

These pools will be governed by the contract document that regulates them. The internal functioning of the group will respond to management autonomy criteria, assuming one of the participants, as the main contractor and leader, the project management, as well as the representation of the group to the Center for the Industrial Technological Development (CDTI). In any case, the leader has to be one of the large or mid-sized companies in the pool. Among others, such a contractual document shall cover at least the following aspects:

a) Distribution of activities and budget.

b) Confidentiality agreements. c) Property of the results. d) Legal protection of results (patents). (e) Future commercial exploitation of the results. f) Public disclosure of results.

2. Economic interest groups (EIGs), which are incorporated in accordance with the rules in force, may also be beneficiaries.

3. The applicant groupings, including the IEA, shall be composed of at least four self-employed enterprises, two of them large or medium-sized and two small and medium-sized enterprises (SMEs), as defined in Article 11.1 (1) (a). 4. In addition, the relevant participation of at least two research bodies will be necessary. This participation will be formalised in any case under the form of subcontracting by one or more of the companies belonging to the group. For these purposes, research bodies, universities, technology centres and research and development centres of private non-profit ownership are considered to be research organisations. In any case, the participation of the research bodies as a whole must be significant, with a minimum share of 25% of the total budget. 5. An undertaking which is a member of a grouping may not be subcontracted by another undertaking in the same group. In any event, account shall be taken of the provisions of Article 47.4 of this order. 6. The leader, or the IEA, shall receive the aid granted and shall be responsible for distribution among the participating partners in accordance with the allocation set out in the approved budget. 7. The signed contractual document governing the grouping shall be submitted to the CDTI in advance of the granting decision. 8. It will be valued favorably:

a) The creation of balanced consortiums, as well as the multidisciplinary, multisectoral nature and the interregional nature of these.

b) The participation of small companies in the consortia. c) The incorporation of technologists and doctors in the research and development (R & D) departments of the companies involved in the project. d) The presentation and content of an internationalisation plan, in which, as a result of the CENIT project, a strategy for the participation of consortium members in international programmes is established, in particular in the 7th Framework Programme of the European Union.

9. In any case, the beneficiaries must meet the requirements laid down in Article 13 of the General Law on Subsidies. Undertakings, groups or institutions in which one of the prohibitions laid down in that Article is present shall not be eligible for the aid provided for.

10. No changes may be made to the composition of the consortium or to the research bodies listed as subcontracted, in the assessment stage of the application or in advance of the final grant decision. 11. In accordance with the provisions of paragraph 2.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01), undertakings in difficulty within the meaning of the guidelines may not be eligible for aid to R & D Community aid for rescuing and restructuring firms in difficulty (2004/C 244/02). 12. Aid granted to undertakings as long as they are subject to an outstanding recovery order may not be paid, following an earlier decision of the European Commission which has declared aid to the illegal beneficiary and incompatible with the common market.

Article 17. Eligible expenditure.

1. The aid provided for in this order shall be used to cover expenditure directly linked to the development of the project or action for which it has been granted, which shall be broken down into the following budget headings: (a) instruments, equipment and equipment used exclusively and permanently (except in the case of disposal for consideration) for the research activity.

b) Expenditure on staff (researchers, technicians and auxiliary staff in the part dedicated to the research project. c) Cost of advisory services and the like used exclusively for research activity (including research, technical knowledge, patents, etc.), and acquired from external sources. R & D activities carried out by public institutions of higher education or research for non-profit-making purposes on behalf of or in collaboration with undertakings shall comply with the provisions of the Community framework for State aid. research and development and innovation. This concept of advisory services and the like acquired from external sources will not exceed 70 percent of the total budget. (d) Additional general expenses directly linked to the research activity. Under this concept, 20 per 100 of the cost of self-employed staff expenditure for research activity will be charged up to a maximum of 10 per cent of the total budget. e) Cost of managing the project leader, understanding as such the derivatives of the preparation of the proposal, overall coordination of the consortium, elaboration of the reports of evolution of the research activities, justifications for their monitoring and dialogue with the CDTI. The costs of direct and indirect staff and travel directly associated with the management of the research activities, as well as the cost of the audits related to the project, will be eligible for funding under this heading. monitoring of projects. (f) Costs related to the obtaining and validation of patents and other industrial property rights, in accordance with the terms laid down in Article 5c of 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.

Section 2. Support for Strategic Unique Projects

Article 18. Object.

This aid will be used for the financing of unique strategic projects, which are defined as a set of interrelated R & D + i activities aimed at achieving a common objective. Its technological scientific component implies the possibility of including in its various stages several categories of actions: studies of technical feasibility, applied research and experimental development; dissemination of results and performance of actions to encourage the implementation of the results obtained.

The strategic character must be framed in the overall context of science and technology in a general way and be identified in a particular project by issues of a different nature: environmental benefit, favorability the competitiveness of the productive sector in which it is framed, the national socio-economic interest or aspects related to the evident improvement of the quality of life or regional technological convergence.

Article 19. Types of projects and actions to be supported.

1. The unique and strategic projects are constituted by subprojects and actions of the following types: a) Projects of applied research: projects oriented to the planned research, the object of which is the acquisition of new knowledge which may be useful for the creation of new products, processes or services or contribute to significantly improving existing ones. It includes the creation of complex system components that are needed for applied research, especially generic technology validation, except for prototypes.

b) Technical feasibility studies prior to applied research or experimental development activities: critical studies or feasibility studies aimed at acquiring knowledge that may result from utility for the creation or improvement of technological products, processes or services. These studies may include, where appropriate, technological diagnoses, understanding as such those whose objective is knowledge of the state of the art, both in the business and in the field or in the field of complete technology. national or international level, and the consequent proposal of measures conducive to the achievement of the technological level corresponding to that state of the art. (c) experimental development projects: those aimed at the acquisition, combination, configuration and use of existing knowledge and techniques, of a scientific, technological, business or other nature, with a view to the development of plans and structures or designs for new, modified or improved products, processes or services. It also includes the development of prototypes and pilot projects which can be used commercially, when the prototype is by necessity, the final commercial product and its manufacture is too onerous for its exclusive use for the purposes of demonstration and validation. In the case of subsequent commercial use of pilot or demonstration projects, any revenue generated by such use should be deducted from the eligible costs. Experimental production and testing of products, processes and services are also included, provided that they cannot be used or transformed for use in industrial applications or for commercial purposes. The experimental development does not include the usual or periodic modifications made to products, production lines, manufacturing processes, existing services and other ongoing operations, even if such modifications can to represent improvements. (d) Complementary actions: dissemination activities aimed at all entities in the business sectors, the results of scientific research and technological development activities, as well as policy instruments (a) to promote such activities in the field of technology transfer in the Science-Technology-Enterprise system. Among other actions, they are: the organization of congresses, seminars or conferences on national territory, in particular those events with international participation.

2. Such projects and actions should be presented as projects in cooperation with the entities that will implement the subprojects or dissemination actions that are integrated into the strategic singular projects. The performers must necessarily be counted, with the participation of a public R & D body, a university (public or private) or in general a public R & D centre. In any case, the participation of public entities in the implementation of these projects should be greater than 10 percent of the total budget of the project. In turn, the participation of private entities should be greater than 10 percent of the total cost. The total count of the participation shall also be considered to be the amount of the subcontracting made.

3. As such projects are carried out in cooperation, a single representative or proxy of the pool of entities to be implemented shall be appointed. The representative shall be the applicant for the aid and the person responsible for carrying out the project or acting before the Administration. All this, without prejudice to the rights and obligations arising from the status of beneficiaries, have the representative and the participants, in particular, to be in the ordinary of their tax and security obligations Social. The relations of such beneficiaries shall be documented by a contract, agreement or agreement setting out the rights and obligations of the various participating subjects. 4. The presentation and content of an internationalisation plan in which, as a result of the unique strategic project, a strategy for the participation of the consortium members in programmes will be established. in particular in the 7th Framework Programme of the European Union.

Article 20. Beneficiaries.

1. The entities provided for in Article 11 of this order may be applicants and beneficiaries of the aid in the individual and strategic projects.

2. Persons or entities in whom some of the circumstances set out in Articles 13.2 and 3 of Law 38/2003 of 17 November, General of Subventions. 3, may not obtain the status of a beneficiary. In accordance with the provisions of paragraph 2.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01), undertakings in difficulty within the meaning of the guidelines may not be eligible for R & D aid. Community aid for rescuing and restructuring firms in difficulty (2004/C 244/02). 4. Aid granted to undertakings as long as they are subject to an outstanding recovery order may not be paid, following an earlier decision of the European Commission which has declared aid to the illegal beneficiary and incompatible with the common market.

Article 21. Eligible expenditure.

1. The aid provided for support for special and strategic projects shall be used to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid may be applied to the following concepts: (a) expenditure of own or contracted staff directly involved in the project or action, both research and technical support staff.

(b) Subcontracting exclusively derived from the project or action. (c) a consumable material which is exclusively and permanently used for the project or action in accordance with the terms below for the goods during the period in which they are used for the project or action. (d) new equipment and equipment during the period in which they are used for the project or action. (e) Other supplementary general expenses directly arising from the project or action and duly justified. This includes, inter alia, the costs of patents acquired from external sources and the costs associated with the registration of patents, where in the latter case the beneficiary of the aid and the holder of the industrial property rights is a small and medium-sized enterprise (SMEs). (f) the expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors for the justification of the aid where there is an obligation to provide the supporting account with a contribution the auditor's report, that this cost has been included in the budget submitted with the aid application, and that the beneficiary is not obliged to audit its annual accounts.

2. In the case of public research bodies, of public universities and in general of the agencies whose budgets are consolidated in the general budgets of the State or Autonomous Communities and/or whose activity is susceptible (i) financing by means of the corresponding internal transfers between budgets, expenditure on the costs of fixed or contractually linked fixed staff will not be considered, etc. which are already covered by the appropriations provided for in the General Budget Law of the State or in the Budgets of the autonomous communities, but only those additional expenses necessary to implement the project, not covered by the aforementioned system.

3. In the case of supply of equipment where the amount of eligible expenditure exceeds the amount of EUR 12 000, the beneficiary shall request at least three previous tenders from different suppliers on a pre-commitment basis. for the delivery of the goods, unless it is established that other entities providing for the supply are not on the market or that the expenditure was made prior to the request for the aid. Compliance with this obligation must be accredited by the beneficiary when he submits the justification for the action referred to in Article 60 of this order.

Section 3. Support for public-private cooperation projects relating to transport and infrastructure

Article 22. Object.

This aid will aim at the development of research and development projects in the field of transport and infrastructure, carried out by groups or consortia of public or private legal persons.

Article 23. Type of projects and actions to be supported.

1. R & D projects in the field of transport and infrastructure, in order to be eligible, must be submitted by groups or consortia of public or private legal persons and must deal with the lines of research listed in Annex II. in paragraph 3 of this Article 23.

2. The projects submitted must have a total budget of between EUR 1 and 5 million, and a minimum duration of 24 months and a maximum of 40, with the exception of duly justified exceptional cases. The time limit for the implementation of the projects shall begin on the day following the publication of the decision on the award of the aid in the Official Gazette of the State. 3. The lines of research are as follows:

a) Area A: Transportation security.

b) Area B: Competitiveness and efficiency of the transport system. c) Area C: New technologies in transport infrastructure. d) Area D: Treatment of transport externalities.

4. The presentation and content of an internationalisation plan in which, as a result of the project, a strategy for the participation of members of the consortium in international programmes, in particular in the 7th Framework Programme of the European Union.

Article 24. Beneficiaries.

1. It may be an applicant and a beneficiary of such aid, any group or consortium of legal persons, public or private, and any economic interest group (IEA) established in accordance with the rules in force, consisting of public R & D, private R & D centres, technology centres, associations, foundations and other non-profit organisations, businesses and small and medium-sized enterprises (SMEs), which carry out research and development activities in the field of transport and infrastructure.

The entities mentioned in the preceding paragraph will not be disabled for obtaining public subsidies or for contracting with the State or other public entities, in the terms provided for in Article 13 of the Law. 38/2003, of 17 November, General of Grants. 2. Groups or consortia of research without legal personality, shall be governed by the contractual document which regulates them. Each member of the grouping shall be considered to be a beneficiary. The applicant groupings, including the IEA, must be constituted by at least one undertaking and one research organisation (public or private R & D centre or technology centre), with the participation of the latter being significant. The Committee of the European Union is responsible for the development of the European Community's research and development policy in the field of research. It must be part of the group or consortium at least one small and medium-sized enterprise (SMEs). No changes may be made to the composition of the consortium or to the research bodies listed as subcontracted in the assessment stage of the application or on the basis of the final grant decision. 3. In accordance with the provisions of paragraph 2.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01), undertakings in difficulty within the meaning of the guidelines may not be eligible for aid to R & D Community aid for rescuing and restructuring firms in difficulty (2004/C 244/02). 4. Aid granted to undertakings as long as they are subject to an outstanding recovery order may not be paid, following an earlier decision of the European Commission which has declared aid to the illegal beneficiary and incompatible with the common market.

Article 25. Eligible expenditure.

1. The aid provided for in support of public-private cooperation projects relating to transport and infrastructure shall be used to cover expenditure directly related to the development of the project or action for which it has been carried out. granted. Such aid may be applied to the following concepts: (a) Expenditure on inventoried material, including software and the bibliographic material necessary for the implementation of the project.

b) Expenses of consumable material. (c) In the case of public R & D centres, expenditure of research support staff, incorporated by means of any form of temporary admission in accordance with the rules applicable to the centre receiving the aid, which shall be (a) other than the fixed costs of staff employed in a statutory or indefinite contract with the participating agencies. Own staff costs may be included only where such expenditure is not covered by public funds. In the case of private R & D non-profit centres, technology centres, companies and small and medium-sized enterprises (SMEs), own or contracted staff costs linked to the project, both researcher and technical support. (d) Expenditure related to travel and subsistence, of any type of staff, attached to the project. (e) Other expenditure, directly attributable to the project and necessary for its implementation (such as advisory services and similar services acquired from external sources, cost of patents, etc.). (f) In the case of public R & D centres, non-fixed wage supplements shall be eligible for the staff involved in the implementation of the project as a statutory contribution to the applicant institution, the amount of which may not exceed the sum of the costs of paragraphs (a) to (e) above. (g) indirect expenditure of the beneficiary entities caused by the development of the project, which shall be a maximum of 15% of the sum of the expenditure of all the preceding paragraphs.

2. The expenditure of research support staff referred to in paragraph (c) and non-fixed salary supplements referred to in paragraph (f) may relate to doctors, senior graduates, middle graduates and auxiliary staff, including the Vocational Training. The research support staff will be incorporated in any form of temporary admission (scholarship, employment contract) in accordance with the implementing rules in the applicant centre, and without any commitment to their Subsequent incorporation into the same.

3. Where the expenditure covered by the aid exceeds the amount of EUR 30 000 in the case of the execution of the work, or EUR 12 000 in the case of supply of goods for equipment or services, the provisions of Article 31.3 shall be taken into account. The following of Law 38/2003, of 17 November, General of Grants.

Section 4. First characteristics common to the national public-private cooperation program

Article 26. Aid intensities applicable to the actions.

1. Grants, loans and advances repayable from the European Regional Development Fund (ERDF) eligible for the projects shall be financed from the budgetary applications to be determined by the call for proposals. corresponding.

2. The financing instruments in the form of grants, loans and advances repayable from the ERDF may be granted on a multiannual basis, with a maximum duration of four years, in accordance with the characteristics of the projects, provided that the conditions laid down in Article 47 of Law 47/2003 of 26 November, General Budget, are met. The repayable advance ERDF is a form of aid whose peculiarity lies in the fact that its reimbursement is made, on the basis of the project or investment, from the ERDF. This type of aid may be granted to beneficiaries who are public research bodies, to universities and other public R & D centres which participate together with small and medium-sized enterprises (SMEs) in the implementation of the technological and unique scientific projects. 3. Aid intensity means the gross amount of aid expressed as a percentage of the eligible costs of the project. All figures used shall be understood before tax or other deductions. Where aid is granted in the form of a loan, the gross equivalent in terms of the subsidy shall be considered to be the amount of this aid. The interest rate to be used for the purposes of updating and in order to calculate the aid amount of an interest-rate loan shall be the reference rate established by the European Commission at the time of the concession. The aid payable in several instalments shall be updated at the time of its granting. The aid intensity shall be calculated for each beneficiary. 4. In accordance with the limits laid down in the Community framework for State aid for research and development and innovation (2006/C 323/01), the maximum gross intensity of aid in the form of a grant of any form, which may be grant for R & D + i projects shall be as follows:

experimental development and innovation in process matter.

Complementary Actions:

SMBs

Large enterprise and other entities

Small business and other entities

Mediana company and other entities

Research industrial.

70%

60%

50%

of large companies, cross-border or with at least one SME, or Collaboration with a research body, or Dissemination of results.

80%

75%

65%

45%

35%

25%

Experimental Development and Process Innovation:

between companies; in case of large companies, cross-border or with at least one SME, or Collaboration with an organization research.

60%

50%

40%

Technical feasibility studies of a preparatory nature of applied research activities.

75%

75%

75%

65%

Feasibility Studies Experimental development activities preparatory.

50%

50%

40%

Complementary actions.

50%

50%

50%

-profit entities.

75%

Complementary Actions:

-profit entities performing a qualified performance of general interest by the Evaluation Commission.

95%

The aid intensity must be determined by each beneficiary, even in the case of projects in cooperation. The maximum aid amount for the CENIT sub-programme which may be allocated to each beneficiary shall have a gross intensity of not more than 50% of its own eligible expenditure, being incompatible with any other aid.

In the case of the subprogramme of singular and strategic projects, for the purposes of the Community Framework, the intensity of State aid shall be calculated on each beneficiary participating in each subproject and taking into account the type or category of investigation to which each subproject corresponds. Accordingly, and for the purposes of Council Regulation (EC) No 1083/2006 of 11 July 2006, it shall be considered as an 'operation', on which the contribution of the ERDF shall be established, each of the subprojects (projects in the terminology of the abovementioned Regulation) which are grouped together in the overall strategic and singular project. 5. Increases in the aid intensity limits set out in the table above shall be subject to the following requirements:

5.1 In the case of collaboration between two or more independent companies: (a) No company must run on its own with more than 70% of the eligible costs of the collaborative project.

(b) The project must have the collaboration of at least one small and medium-sized enterprise (SME) or the collaboration must be cross-border, i.e. when research and development activities are carried out at least in the two Member States.

5.2 In the case of collaboration between a company and an investigative body:

(a) The research body must run at least 10% of the eligible costs.

(b) The research body has the right to publish the research results, provided that they are directly derived from the research carried out by the body.

5.3 For industrial research projects, when the results of the action are widely disseminated through technical and scientific conferences or published in scientific or technical publications or free bases access (publicly accessible databases of gross research data), or through free or open source software.

5.4 For the purposes of paragraphs 5.1 and 5.2 of this Article 26, subcontracting shall not be considered effective. In the case of collaboration between an undertaking and an investigation body, the aid intensities and the maximum bonds specified in this order shall not be applicable to the undertaking.

6. With regard to public research bodies, universities or bodies whose budgets are consolidated in the general budget of the State or the autonomous communities and/or whose activity is eligible for financing by means of the internal transfers between budgets, the costs of the fixed or contractually linked fixed staff will not be financed, in so far as they are already covered by the allocations provided for in the the General Budget Law of the State or the Laws of the Communities ' Budget autonomous.

7. In accordance with the provisions of Section 3.1.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01), it will not apply to public financing of the non-economic activities of the Article 87 (1) of the EC Treaty provides for the financing of the project's eligible costs up to 100% of the eligible cost. In order to allow the application of the provisions of the preceding paragraph, the research bodies must keep accounts which make it possible to distinguish clearly the costs and financing of economic activity against non-economic activity. In another case, they will receive the same treatment as the companies as regards the provisions of paragraphs 4 and 5 of this Article 26. The primary activities of the research organisations, including the following: education, the implementation of R & D, even if they are carried out in collaboration, will not be considered as economic activities when they seek to improve knowledge and understanding; disclosure and transfer of results in the terms provided for in that section 3.1.1 of the said Community Framework (2006/C 323/01). 8. Research bodies are considered for the purposes of paragraph 7 of this Article 26: an institution, such as a university or research institute, irrespective of its legal status (constituted under public law or private), whose main objective is to carry out fundamental research, industrial research and experimental development and to disseminate the results thereof through the teaching, publication or transfer of technology; benefits will be reinvested in these activities, the dissemination of their results or the teaching; undertakings which may exercise influence in such entities, for example as shareholders or members, shall not have preferential access to the research capacity of the entity or to the research results it generates. Entities carrying out economic activities, irrespective of their legal nature, shall be considered for the purpose of financing such activities as a large enterprise, a medium-sized enterprise or a small business, according to the definition included in the Article 11.

Chapter III

National R & D Internationalization Program

Section 1. Second Euro-Research Subprogramme

Article 27. Object.

These actions aim to promote quality research and knowledge generation in the context of the European Research Area, to avoid duplication of effort at European level through coordination. of national research programmes and the implementation of joint calls for projects between different European countries, in the context of ERA-NETs programmes, Eurocores programme of the European Science Foundation (ESF), as well as other programmes of transnational cooperation deemed necessary to supplement the activities of the Programme for the Internationalisation of R & D.

It is also intended to strengthen the internationalization of Spanish science and collaboration between European research groups to promote a more prominent participation of Spanish teams in the Seventh Framework Programme. of the European Union.

Article 28. Types of projects and actions to be supported.

The projects and actions which may be covered by this sub-programme will be the following: (a) Joint research projects, complementary to national calls, in the framework of the networks of the European Research Area (ERA-NET).

b) Research projects for transnational cooperation programmes, in the framework of specifically signed multilateral agreements. For example, the programme between Spain, France and Germany in the field of plant genomics and the knowledge-based bioeconomy (KBBE). (c) Research projects in the field of the EuroCores programme of the European Science Foundation (ESF).

Section 2. Euro-science sub-programme

Article 29. Object.

1. The aim of the aid is to achieve growth in the participation of Spanish research centres in the European Union's 7th Framework Programme for Research, Technological Development and Innovation, and to increase returns This is the first time that the Spanish groups have been involved in the Framework Programme, stimulating success in participation, internationalisation of R & D and scientific excellence.

2. In particular, the actions to be supported should pursue the following specific objectives:

a) Involving the research groups of universities and research centres with the capacity to participate in the 7th Framework Programme of the European Union.

b) Improve the rate of return achieved by the applicant entities in the previous calls of the European Union Framework Programme and EURATOM. (c) Improving the success rate (approved projects in respect of proposals submitted) with respect to the one obtained in previous calls for the European Union Framework Programme by applicants. d) To improve the participation rate of research groups of Spanish universities and research centers in approved projects. e) Increase the number of Coordinators and leaders in the tasks in the projects and actions of the Seventh Framework Programme of the European Union. f) Increase the average funding obtained by participation. (g) Promote the training and qualification of international project managers in research centres and universities. (h) Encourage the joint participation of research centres and universities with Spanish companies in Consorcias of the Seventh Framework Programme of the European Union. (i) It is also the aim of this call to encourage the fulfilment of the participation objectives set out in the Strategic Action Plans developed by the centres themselves.

Article 30. Types of projects and actions to be supported.

1. Funding will be provided for those strategies or actions contained in the Strategic Action Plans, drawn up by the applicants, aimed at increasing participation in the 7th Framework Programme of the European Union, by the researchers of the (a) The establishment or strengthening of support structures within the public research centres, such as offices of European projects, delegations, or others.

b) Promote the training and qualification of international project managers in public research centres. (c) Increase the quality of R & D in the framework of the objectives of participation in the Seventh Framework Programme of the European Union. (d) to involve and support in the submission of proposals to research groups in public research centres with the capacity to participate in the Seventh Framework Programme of the European Union. (e) Promoting membership of European networks and platforms. f) To carry out campaigns, programmes and plans for promotion and dissemination. (g) Introducing improvements in project management systems. h) Promote new forms of R & D organization to ensure greater participation. i) Promote collaboration with other national and international entities within the framework of the Seventh Framework Programme of the European Union. j) Reinforce information processes. k) Incentives to researchers for the preparation of proposals. (l) Other actions contributing to the achievement of the objectives.

2. The calls shall define the minimum content of the Strategic Action Plan, its duration and the structure of the Plan.

3. Projects may be of two types:

a) Individual, where a single body is the applicant and executor of the shares, without prejudice to Article 47, concerning subcontracting.

b) In coordination, in which several entities present a joint project, in which the tasks are divided into subprojects, each with an implementing and responsible entity. Such projects shall have a main responsibility, which shall belong to one of the entities involved in the project, which shall be the coordinating entity, and each sub-project shall have a responsible, which shall belong to the entity that will manage that subproject. In the cooperation projects to be submitted, the coordinating unit shall be the applicant for the assistance and responsible for the implementation of the project or action before the Administration. To this end, it will channel the relationship and communications between the Ministry of Education and Science and the other participants and, if necessary, provide the supporting documentation of the project or action. The payment of the aid granted shall be made to the coordinating unit, who shall be responsible for the transfer to each participant of the funds corresponding to it. All this, without prejudice to the rights and obligations which, as a result of the status of beneficiaries, have all the participants, in particular, the duty to be aware of their tax obligations and social security. The entities participating in the projects in coordination shall have a convention in which the conditions of the collaboration and the division of tasks within the project are collected. Such an agreement must be attached to the application and may be rejected by the Ministry of Education and Science if any of the entities does not comply with the requirements of Article 11. The agreement shall be at least equal to that of the project.

3. Maximum amount of the grant and criterion for its determination: The grant awarded may cover up to 100 per cent of the actions included in the Strategic Action Plan and will require two grant resolutions to give rise to two. Single payments. In the first, up to 70% of the costs of the actions envisaged in the Strategic Action Plan can be financed in the form of a grant. In the second, the remaining percentage of the activities provided for in that plan may be financed. This percentage will be modulated by the degree of compliance with the objectives of participation in the Seventh Framework Programme of the European Union.

To determine the degree of compliance, a new evaluation of the Strategic Action Plan will be carried out together with one or more reports on the degree of implementation of the Strategic Action Plan and on the achievement of the the objectives specified therein, by the Evaluation Committee set out in Annex IV of this order, in the light of the reports referred to above, which will allow for their review, in accordance with the results of the assessment carried out, and determine the degree of compliance with the objectives set out in the Strategic Plan and the resolution of concession. The assessment shall take into account the criteria listed in Annex IV to this order. This review shall result in the maintenance or minoron, where appropriate, of the aid granted. In the case of minorations, the credit generated may be used to alter the allocations initially allocated to the rest of the beneficiaries, provided that the assessment carried out is favourable. The granting of the second payment of the aid may be conditional on the beneficiary's modification of the Strategic Action Plan.

Section 3. Euro-Health Subprogramme

Article 31. Object.

The support of the Eurohealth Subprogramme is intended to support researchers in the area of biomedicine and health sciences in the National Health System to coordinate or participate in projects in the 7th Framework Programme. European Union. The aid is intended to complement the research projects financed by the Seventh Framework Programme of the European Union.

Article 32. Types of projects and actions to be supported.

These aids will finance the recruitment of technical staff to support clinical research, as well as grant complementary support to ongoing European projects to maximise the capacity and productivity of the medical practitioners. that they have to combine the care activity with the researcher in the National Health System. In this context, complementary projects are needed to provide support for clinical research support staff to facilitate the development of the European project, as well as the goods and services needed for such an activity.

Section 4. Integrated Action Subprogram

Article 33. Object.

The sub-programme of integrated actions aims to encourage the establishment of contacts between research groups that lead to consolidated collaborations or international projects, particularly those of the 7th Framework programme of the European Union.

Integrated actions encourage the collaboration and mobility of participating researchers, funding the coordination of joint projects through support to cover travel and subsistence expenses. associated with the implementation of joint R & D projects The program, which is based on the collaboration agreements established between Spain and the other participating countries, promotes the collaboration between two research teams, Spanish one and one second country, through R & D projects. In the areas of knowledge referred to in the National Plan for Scientific Research, Development and Technological Innovation, 2008-2011, joint, determined duration and with concrete objectives.

Article 34. Types of projects and actions to be supported.

The aid will be used for the financing of the coordination costs between the teams that constitute the integrated actions, in order to develop the joint R & D project.

Section 5. Sub-programme for the promotion of international scientific cooperation

Article 35. Object.

1. The sub-programme for the promotion of international scientific cooperation has a dual purpose. On the one hand, to promote the participation of R&D institutions and Spanish researchers in the international sphere, or to promote the leadership of Spanish researchers in international program projects. And on the other hand, to promote cooperation in science and technology envisaged in the framework of bilateral agreements signed with certain countries, or to support scientific cooperation activities that arise at the initiative of Spanish R & D centres.

2. The actions to be supported shall be international complementary actions aimed at:

(a) Encourage Spanish participation in international science and technology programs, agencies, or organizations, in particular leadership in international programs.

b) Promote the mobility of researchers for specialisation and joint implementation of R & D + I projects in the framework of bilateral or multilateral actions with other countries. (c) Promoting scientific and technological cooperation with countries of particular strategic interest, and promoting research in cooperation and development. d) Increase the establishment of scientific relations with other countries. e) Increase the visibility of Spanish science and technology in the international arena.

Article 36. Types of projects and actions to be supported.

1. Aid within this sub-programme will be channelled through complementary actions.

2. International complementary actions include actions aimed at:

a) Creation and operation in Spain of management structures that support national scientific committees, which participate in organizations, programs, unions, and international committees.

b) Complementary tasks to be carried out as a result of the coordination and leadership of participation in international programmes projects, in particular COST (European Co-operation in the field of Scientific and Technical Research), where these tasks are not covered by the respective international programmes. (c) Actions necessary for the coordination of international scientific relations where there is no specific cooperation agreement or no joint calls are made. (d) Actions needed to enhance the coordination of international scientific relations within the framework of specially signed bilateral agreements. e) Actions needed to strengthen scientific relations, including joint research projects, with other countries within the framework of specially signed bilateral agreements. f) Concrete actions to promote Spanish science and technology at international level. The objective is to take care of international scientific and technological policy actions of special urgency or interest and any other that for reason of its thematic or opportunity contribute to improve the development of the objectives of the National Program de Internationalisation de la I + D.

3. The calls may provide for the need for funded action to be funded from another source.

Section 6. Subprogram of specialization grants in international organizations

Article 37. Object.

These aids are aimed at facilitating the training of graduates as researchers, technologists and managers of science and technology in certain international organizations and organizations of excellence from which Spain is part.

The aid shall also be granted taking into account the characteristics of the development of the grant, its maximum duration, the rights and duties of the beneficiaries, and the arrangements for incorporation, interruption, termination and renewal, if any, of the scholarships. The allocation of the aid will be the same for all grants and will be determined on the basis of the amount of the grants under the same sub-programme in the previous year, applying, where appropriate, a correction factor to compensate for the increase in the cost of living, (a) the budget is available.

Article 38. Types of projects and actions to be supported.

1. The grants will be in the form of grants to cover the stays required for specialisation in international science and technology bodies. By way of exception, in the light of the needs and availabilities of the institution, the calls may be required to access the aid in possession of the doctor's title. In such a case, the grant will be replaced by a contract.

2. The aid will provide cover to beneficiaries in the face of sickness and accidents. They may also make other payments, at the beginning or at the end of the grant period, for the purposes and in the form of the calls to be determined.

Section 7. Sub-programme of support for the participation of companies and technology centres in international R & D programmes

Article 39. Object.

This aid is primarily aimed at encouraging the participation of Spanish companies and technology centres in international cooperation programmes in the field of R & D, such as the Seventh Framework Programme of the European Union, Eureka, Iberoeka, Eurostars or Eranets, by means of financing, both of actions to prepare proposals for the participation of these entities in the mentioned programmes, and of R + D + i projects in cooperation with other entities countries.

Article 40. Types of projects and actions to be supported.

The aid granted in this sub-programme will be directed towards the financing of the following actions: (a) Complementary actions for the promotion of international business cooperation: actions corresponding to: (i) for the definition and preparation of proposals for submission to international R & D programmes and initiatives.

(ii) The promotion and dissemination through seminars or other actions of the results of R & D projects carried out at international level, as well as of the instruments of public policy to promote international R & D programmes and initiatives

b) INNOEUROPA: complementary actions for the promotion of international cooperation aimed at supporting the participation of technology centres in the 7th Framework Programme of the European Union, with the aim of maintaining or increase the 9% rate of return achieved by the Technology Centres in the Sixth Framework Programme.

c) EUREKA or IBEROEKA projects: applied research or experimental development projects which have obtained the EUREKA or IBEROEKA seal of the relevant international programmes. The participation of the Spanish entities in these projects will be financed. (d) EUROSTARS projects: applied research or experimental development projects, submitted to the EUROSTARS international programme and evaluated in a favourable manner by an international panel of experts set up for this purpose. The participation of the Spanish entities in these projects will be financed. e) Projects presented to other international R & D programmes and initiatives

Section 8. First Common Characteristics of the National R & D Internationalization Program

Article 41. Form of performance of the actions.

The modalities of actions referred to in this chapter will be concretized in the realization of: 1. Fundamental research projects: These are projects related to experimental or theoretical work undertaken with the the primary objective of acquiring new knowledge about the underlying fundamentals of observable phenomena and facts, with no prospect of practical and direct application in the short term.

2. Applied research projects: consisting of planned research or critical studies aimed at acquiring new knowledge and skills that can be useful in developing new products, processes or services; or considerably improve the existing ones. It includes the creation of complex system components that are necessary for applied research, especially the validation of generic technology, except for prototypes of those included in the experimental development projects. 3. Experimental development projects: intended for the acquisition, combination, configuration and use of existing knowledge and techniques, of a scientific, technological, business or other type, with a view to drawing up plans and structures or designs for new, modified or enhanced products, processes or services. Conceptual definition, planning and documentation activities for new products, processes and services, such as project development, design, plans or prototypes, may be included as long as it is not intended for commercial use. It also includes the development of prototypes and pilot projects which can be commercially used when the prototype is by necessity the final commercial product and its manufacture is too onerous for its exclusive use for the purposes of demonstration and validation. Experimental production and testing of products, processes and services also fall within the category of experimental development projects, provided that they cannot be used or processed in such a way that they can be used in applications industrial or for commercial purposes. The experimental development does not, however, include the usual or periodic modifications made to the products, production lines, manufacturing processes, existing services and other ongoing activities, even if these modifications can represent improvements. In the case of subsequent commercial use of pilot or demonstration projects, any revenue generated by such use should be deducted from the eligible costs. 4. Complementary actions: actions needed to promote Spanish cooperation in science and technology, increase its visibility and promote the participation of companies, R & D institutions or Spanish research groups in the international panorama, whether within the framework of international programmes, bilateral agreements formed with certain countries, or helping initiatives promoted by R & D centres and Spanish researchers. 5. Grants for the stay in international organizations. 6. Actions to facilitate the mobility of researchers. 7. Actions for the promotion, activation and promotion of research activities in international or European Union programmes.

Article 42. Beneficiaries.

1. The following entities may be beneficiaries, in accordance with the provisions of the call for each subprogramme: (a) The natural persons shall be Spanish or legally resident in Spain in accordance with the Organic Law 4/2000 of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, and must also meet the following requirements: Poseer higher university degree (Licentiate, senior engineer or architect) that is suitable for the development of the grant at the international centre at the time of filing. Diplomas obtained abroad or in private university centres must be recognised by the Ministry of Education and Science at the time of submission of the application. For the purpose of applying for this scholarship, the degree of Licentiate recognized when the applicant has been admitted to the doctorate programs of a Spanish public university will be considered, for which he must present a certificate of the university concerned.

Possess good knowledge, both oral and written, of the English language. Not having enjoyed another scholarship from this program in previous calls. The above requirements shall be met at the time of the completion of the time limit for the submission of applications and, where appropriate, to be maintained during the period of the stay. (b) the legal persons referred to in Article 11 of this order. (c) Private entities with their own legal and non-profit legal personality, with demonstrated capacity and activity in R & D projects of impact on business competitiveness. (d) Other public entities, or private entities with their own legal and non-profit legal personality, who carry out demonstrated activities in the field of the promotion of R & D + I. (e) In the case of centres within the scope of the National Health System which manage their research activities through a foundation, they may apply for the aid.

2. The associated members of the beneficiary who undertake to carry out all or part of the activities supporting the granting of the aid in the name and on behalf of the former shall also have the status of beneficiaries. For this purpose, members of a non-profit organisation shall be considered to be members of a non-profit making association with the principal beneficiary of a non-contractual relationship or relationship, which is included in its statutes, in writing. public or similar document of foundation or constitution.

3. Persons or entities in whom some of the circumstances set out in Articles 13.2 and 3 of Law 38/2003 of 17 November, General of Subventions. 4, are not eligible for the status of beneficiary. In accordance with the provisions of paragraph 2.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01), undertakings in difficulty within the meaning of the Community guidelines may not be eligible for R & D aid. on State aid for rescuing and restructuring firms in difficulty (2004/C 244/02). 5. Applications submitted shall be assigned a principal investigator or responsible person, belonging to the applicant entities, who must have a statutory or employment relationship with the applicant centre and be in a service situation or analogue. The main investigators or persons responsible shall comply with those requirements on the day of publication of the call. 6. Depending on the nature of the action supported, the researchers or persons responsible for the action must certify the appropriate qualifications to carry out the action.

Article 43. Intensity of aid.

1. Where the beneficiary is a legal person, the limits of the aid shall be determined by the Community framework for State aid for research and development and innovation (2006/C 323/01).

2. The limits laid down in the Community framework for State aid for research and development and innovation (2006/C 323/01), the maximum gross intensity of aid in the form of a grant of any kind, which may be granted for projects will be as follows:

Collaboration with a research body, or

experimental development and innovation.

Complementary Actions oriented to experimental development activities.

Small business and other entities

Mediana company and other entities

%

100%

100%

100%

100%

Research.

70%

60%

50%

Research:

between companies; in case large companies, cross-border or with at least one SME, or

80%

75%

65

Dissemination of results.

development and innovation.

45%

35%

25%

between companies; in case of large companies, cross-border or at least one SMEs, or

60%

50%

40%

with a research body.

Complementary actions oriented to industrial research activities.

75%

65

50%

40%

Complementary actions for international scientific cooperation.

100%

100%

The aid intensity must be determined by each beneficiary, even in the case of projects in cooperation.

3. The increments per collaboration of up to 15 points of the aid intensity limits listed in the above table shall be subject to compliance with at least one of the following requirements:

(a) In the case of collaboration between (at least two) independent companies, no company should run on its own with more than 70 percent of the eligible costs of the collaborative project.

The project must have the collaboration of at least one SME.

b) In the case of collaboration between a company and an investigative body:

The research body should run with a minimum of 10% of eligible costs.

The research body has the right to publish the research results, provided they are directly derived from the research carried out by the body.

(c) For applied research projects, where the results of the action are widely disseminated through technical and scientific conferences or are published in scientific or technical publications or free access bases (publicly accessible databases of gross research data), or through free or open source software. 4. In the case of public research bodies, other public research centres, public universities, and public law entities whose budgets consolidate, in order to avoid double funding, the costs of the fixed or contractually linked staff to such bodies. Aid may be financed up to 100% of the marginal costs of the action. Marginal costs shall be considered as those arising exclusively from the development of the activities concerned with the performance of the requested action.

5. In accordance with the provisions of Section 3.1.1 of the Community Framework (2006/C 323/01) on State aid for research and development and innovation, Article 87 (1) of the EC Treaty does not apply to public financing of the the non-economic activities of the research organisations, in respect of which up to 100 per cent of the eligible cost of the project may therefore be financed. In order to allow the application of the provisions of the preceding paragraph, the research bodies must keep accounts which make it possible to distinguish clearly the costs and financing of economic activity from non-economic activity. In another case, they will receive the same treatment as the companies in respect of the provisions set out in paragraphs 4 and 5 above. The primary activities of the research organisations, including the following: education, the implementation of R & D, even if they are carried out in collaboration, will not be considered as economic activities when they seek to improve knowledge and understanding; disclosure and transfer of results in the terms provided for in that section 3.1.1 of the Community framework (2006/C 323/01). 6. Research bodies are considered for the purposes of paragraph 6 of this Article 43: an institution, such as a university or research institute, irrespective of its legal status (constitution under public law or private), whose main objective is to carry out fundamental research, industrial research and experimental development and to disseminate the results thereof through the teaching, publication or transfer of technology; benefits will be reinvested in these activities, the dissemination of their results or the teaching; undertakings which may exercise influence in such entities, for example as shareholders or members, shall not have preferential access to the research capacity of the entity or to the research results it generates. Entities carrying out economic activities, irrespective of their legal nature, shall be considered for the purpose of financing such activities as a large enterprise, a medium-sized enterprise or a small business, according to the definition included in the Article 11. 7. The limits of maximum gross aid intensity may not be exceeded in the case of cumulation of aid.

Article 44. Bankable expenses.

1. The aid provided for in this order shall be intended to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid may be applied to the following concepts: (a) Expenditure on own personnel or contracted exclusively for the project (researchers, management and management).

In the case of public research bodies, other public research centers, public universities, and public law entities whose budgets consolidate, to avoid double financing, the public institutions will not be financed. the costs of fixed or contractually linked fixed staff to those bodies. (b) Costs of instruments and equipment, to the extent and during the period in which it is used for the project or action. If the instrument and equipment are not used throughout their lifetime for the research project, only the depreciation costs corresponding to the duration of the research project shall be considered eligible. calculated according to good accounting practices. (c) Subcontracting, contractual research costs, technical knowledge and patents acquired or obtained by licence from external sources at market prices, provided that the operation has been carried out under conditions of full competition and without any element of collusion, as well as costs of consultancy, advertising and equivalent services, destined exclusively to the project or action. Expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors with the contribution of an auditor's report may be included in this item, provided that it is enforceable and that the audit is beneficiary is not obliged to audit its annual accounts. (d) Additional general expenses directly arising from the project or action (travel, subsistence, etc.). (e) Other operating costs, including costs of consumable material, supplies and similar products that are directly derived from the research activity. (f) Where the call is determined by the beneficiary entities, a maximum amount equivalent to a percentage of the total direct costs of the projects may be charged in addition to indirect costs (sum of the costs of the projects). (a) to (f) of this paragraph 2 which is fixed in the call for a decision. Indirect costs must be met with actual project implementation costs, allocated on a pro rata basis according to a fair and equitable method and duly justified.

2. In no case shall indirect taxes be regarded as eligible costs where they are eligible for recovery or compensation, in accordance with the provisions of the Article. 31.8 Law 38/2003 of 17 November, General of Grants.

3. The scholarships will be exempt from the payment of the income tax of the Physical Persons, according to article 14.1.b) of the Recast Text of the Law of the Income Tax of Non-Residents, approved by Royal Legislative Decree 5/2004, of March 5, provided that the beneficiaries credit their residence in the receiving centre country. 4. Where the amount of eligible expenditure exceeds the amount of EUR 12 000 in the case of supply of equipment or services by consultancy or technical assistance undertakings, the beneficiary shall request at least three offers from different suppliers prior to the contraction of the undertaking for the provision of the service or the delivery of the goods, unless the special characteristics of the eligible expenditure do not exist on the market sufficient the number of entities that supply or lend, or unless the expenditure has been incurred by prior to the application for the grant. The choice between the tenders submitted, which shall 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 choice when it is not the most advantageous economic proposal.

Title II

Characteristics of the aids

Article 45. Modalities and financing of the aid.

1. The aid referred to in this order may cover the following forms: (a) The form of grants shall be covered by the sub-programme Innovative Enterprise Groups (AEI).

(b) For the sub-programme, Technology Platforms shall take the form of grants, loans and repayable advances from the European Regional Development Fund (ERDF). (c) For the sub-programme, national strategic research consortia (CENIT) shall take the form of grants. (d) The form of grants, loans and repayable advances from the ERDF shall be covered by the sub-programme. (e) For the sub-programme, projects for public-private cooperation relating to transport and infrastructure shall cover the form of grants and loans. (f) The form of grants and repayable advances from the ERDF shall be covered by the EURORESEARCH sub-programme. (g) The form of grants shall be covered by the EUROSCIENCE sub-programme. (h) The form of grants shall be covered by the EUROHEALTH sub-programme. (i) For the sub-programme of integrated actions, the form of grants shall be covered. (j) For the sub-programme for the promotion of international scientific cooperation, the form of grants shall be covered. (k) For the subprogramme of specialization grants in international bodies, the form of grants shall be covered. (l) For the sub-programme of support for the participation of enterprises and technology centres in international R & D programmes, the form of grants, loans or a combination of both, except in the case of INNOEUROPA, which shall consist of: only in grants.

2. The financing of aid for this type of action will be charged to the applications which will be determined for each year in the corresponding general budget of the State and will be specified in each call.

In those sub-programmes which are financed by the ERDF, the ERDF contribution will be able to provide 70% of the support for actions to be carried out in the eligible areas. The objective of convergence, i.e. of priority development (Andalusia, Castilla-La Mancha, Extremadura and Galicia), in the regions phasing out (Murcia, Principality of Asturias and Cities of Ceuta and Melilla) and in the regions phasing (Comunidad Valenciana, Canarias and Castilla y León). The ERDF contribution may be 50% for those actions to be carried out in the areas eligible for competitiveness and employment (Aragon, Catalonia, La Rioja, Madrid, Navarra, Basque Country, Cantabria and Spain). Baleares). In no case can a subsidy be made effective as long as it is not considered compatible with the common market.

Article 46. Characteristics of the aid granted in the form of loans and repayable advances.

1. The characteristics of the aid in the form of loans shall be as follows: (a) Maximum amount of the loan: the calls shall determine the maximum allowable percentage of the cost of the projects, respecting the limits of aid intensity Article 8, 13, 26 and 43 of Articles 8, 13, 26 and 43, it being understood that the amount of the loan in terms of gross grant equivalent is calculated to meet these limits.

b) Maximum repayment term of 15 years, modulable in the respective concession resolution, taking into account the nature and the characteristics of the project. In any event, a period of grace may be granted. c) Application interest rate of 0% per year. (d) guarantees: those laid down in Article 48 of this order.

2. The characteristics of the aid in the form of repayable advances from the ERDF are as follows:

(a) This is a form of aid whose peculiarity lies in the fact that its reimbursement is made, on the basis of the project or investment, from the ERDF. This type of aid may be granted to beneficiaries who are public research bodies, to universities, and to other public R & D centres which the call may or may not participate in together with small and medium-sized enterprises. (SMEs) in the execution of singular and strategic projects. They shall not specify, for their granting, the lodging of guarantees.

(b) The repayable advances from the ERDF consist of the granting by the Ministry of Education and Science of a bridge credit to the receipt of the assistance from the ERDF. In this way, the beneficiary is allowed to obtain advance funds for the performance of his/her performance. The advance funds will then be amortised or reimbursed from the ERDF and not the aid beneficiary. The aid shall be granted on the basis of justified and verified expenditure, in accordance with the terms laid down in Community legislation. (c) The repayable advance ERDF may reach the maximum amount fixed for grants in accordance with the aid intensities provided for in this order. (d) The payment of ERDF assistance shall be made in the form of non-cash-out training. The repayment period for the advance payment by the ERDF shall coincide with the completion of the justification for the projects carried out by the ERDF and with the final payment of the aid by the ERDF. In general, the repayment period for the advance shall be three years with two years of absence, which may be extended by a decision of the managing body. (e) In the event of deficiencies in the review of the justification, carried out by the State audit and control bodies and bodies or by the relevant bodies of the European Union, the beneficiary of the part of the repayable advance on the investment not made. All this in accordance with the recovery procedure established in this order. (f) Sub-projects which are not eligible for ERDF repayable advances, as a result of having exhausted the availability of the same funds allocated to each area under each aid programme, may be financed by loans or grants.

Article 47. Subcontracting.

1. A beneficiary subcontracts when it has a third party with the total or partial implementation of the activity covered by the aid. It is outside this concept that the costs incurred by the beneficiary for the performance of the activity covered by the aid are to be contracted.

2. For those sub-programmes in which subcontracting costs are admitted, the cost of subcontracting may not exceed 50% of the total cost of the action, with the exception of actions carried out by non-profit entities in which the subcontracting can reach 95 percent. 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 and be submitted on the basis of the decision to grant the aid. The contract shall be deemed to have been approved by the granting authority when the beneficiary receives the decision to grant the aid, if nothing is determined against it. The applicant shall, together with his or her application, prove that the procurement is not carried out with any of the persons or entities referred to in Article 29.7 of the General Grant Act. The aid shall be deemed to have been granted and the contract approved by the granting authority, when the grant decision is notified to the beneficiary. 4. You may not be subcontracted with the same entities that appear as participants in the performance. Subcontracting may be carried out with entities belonging to the same company group of the beneficiaries, provided that those associated entities are not participants in the performance. In this case, subcontracting shall be deemed to be authorized, where subcontracting is carried out at market prices. The authorisation shall take place by the same act of granting.

Article 48. Guarantees.

1. Grants and repayable advances from the ERDF shall not require the submission of guarantees for granting them.

2. In the case of loans, the presentation of guarantees shall not be required in the following cases:

(a) In the case of loans whose amount, in the annuity considered, is less than or equal to EUR 100 000.

(b) Where special solvency conditions are provided that are credited by the presentation of an audit report on the institution's current financial solvency and capacity, drawn up by an auditor or audit firm registered in the Official Register of Auditors. In the case of public universities, other public R & D centres and Public Law Entities other than those referred to in paragraph (c) below, where a document is provided in which the commitment to repayment of the loan is guaranteed part of the public administration on which the public centre or entity is dependent. The solvency report may also be submitted with the requirements set out in the previous paragraph. The time limit for the submission of these documents shall be 30 calendar days, which may not be extended, from the day following the notification of the proposal for a provisional decision and the start of the hearing procedure. If they are not presented within the time limit, the loan application shall be deemed to be withdrawn. (c) Where the beneficiary is one of the research entities or bodies to which Law 13/1986 applies, of 14 April, and the beneficiary is legally entitled to receive loans or repayable advances, the presentation of guarantees. (d) Where the single applicant or the representative of a project or action in cooperation provides, instead of the guarantee for the provision of guarantees, a certificate which shall appear as an annex in the corresponding calls, in which an institution On the basis of the repayment schedule set out in the aid proposal, the repayment of the loan will be irrevocably and, with due guarantees, to be reimbursed for the entire loan granted to the project. The entity shall condition the assumption of the debt to the actual implementation of the project, which shall be justified by the beneficiary to the credit institution by providing the certificate issued by the managing body for that purpose. In any event, the credit institution shall adjust the timing and amount to the terms of the final resolution of the managing body.

3. Where the submission of guarantees is necessary, these shall be required in conjunction with the proposed interim resolution and the notification of the commencement of the hearing procedure. The time limit for lodging the guarantee for the lodging of guarantees before the General Deposit Box, in any of the procedures laid down in its regulatory rules, shall be 30 calendar days which are not extended from the day following that of the notification of the proposal for a provisional resolution and the initiation of the hearing procedure.

If the guarantee constitution guarantees are not presented within the time limit, the loan application shall be deemed to be withdrawn. 4. The guarantees shall be released, in any event, when the final decisions are dismissed. If the final decision grants a lower amount of aid than the amount indicated in the proposal, the guarantee shall be reduced to that amount. In any event, the release of the securities shall require the express resolution of the management body at the disposal of which it is constituted, and shall be released in instalments as the loan repayment occurs. 5. In none of the above-mentioned assumptions, the contribution of the securities to the guarantees will result in the generation of the right to the administration, nor does it prejudge the content of the final resolution of the grant, nor does it generate a subjective right to obtain aid from the person concerned. 6. In the case of multi-annual aid, each annuity shall be required to set up the guarantee corresponding to that year's aid, applying all the requirements set out in the preceding paragraphs. 7. The guarantees may be cancelled in advance if, following the actual justification and the economic technical verification of the implementation of the project or action subject to the aid, the managing body authorises a financial institution to charge of repayment of loans. Such reimbursement shall be made in accordance with the repayment schedule laid down in the resolution establishing the final aid to the beneficiary. This operation may be authorized in two ways in accordance with the result of the technical-economic verification: (a) in respect of the entire loan granted and fully justified and proven and (b) in respect of the part of the loan which has been duly substantiated and substantiated. The cancellation of the guarantees will always reach the part corresponding to the project carried out.

Article 49. Compatibility with other aid.

1. The perception of the aid covered by this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose from any public or private government or public authorities, national, European Union or international bodies, except as provided for in paragraph 4 of this Article 49.

This compatibility will be conditional on the following rules:

(a) that the amount of aid received from other calls, in no case may be such that, in isolation or in competition with others, it exceeds the intensity of the aid applicable in accordance with the provisions laid down in the in Articles 8, 13, 26 and 43 of this order.

(b) The amount of aid received from other calls under no circumstances may be such that, in isolation or in competition with others, it exceeds the cost of the subsidised activity. (c) The same project may not receive support from more than one call for the National Plan for Scientific Research, Development and Technological Innovation, 2008-2011.

2. In the case of projects under the first section of Chapter II of this order, which is related to support for national strategic research consortia (CENIT), the beneficiary will not be able to obtain any other grant or support for the same purpose from any public or public or private, national or international authorities.

3. The applicant shall declare the aid which it has obtained or requested for the actions covered by this order, either by submitting the proposals or at any subsequent time in which this circumstance occurs, which may give rise to such aid. (a) the amount of the aid granted, or may even result in the withdrawal of the aid granted, the waiver or the withdrawal of the aid requested. 4. The enjoyment of a grant under this order is incompatible with any other grant or aid financed with public or private funds (except those that could be perceived as complements from R & D projects, and complementary aid). funded by the European Commission to promote the training and mobility of researchers, and others for the compensation of the cost of living or other social nature which the centres grant to the trainees, according to their own rules internal) and with the perception of any amount that is of a salary nature.

Article 50. Advertising.

Any reference in any means of dissemination to the project subject to the present aid must include that it has been supported by the Ministry which gives the decision to grant. In addition, in cases where funding is provided by the ERDF, in accordance with the provisions of Article 8 of Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the application of the for Council Regulation (EC) No 1083/2006 laying down general provisions for the European Regional Development Fund, the European Social Fund and the Cohesion Fund and Regulation (EC) No 1080/2006 of the European Parliament and of the Council The European Regional Development Fund, the European Regional Development Fund, the European Regional Development Fund, to co-financing with ERDF funds in accordance with the following criteria: (a) The beneficiary shall affix a permanent, visible and large explanatory plate within a maximum of six months from the conclusion of an operation when the total public contribution to the operation exceeds EUR 500,000 and consists in the purchase of a physical object, in the financing of an infrastructure or in construction work. The type and name of the operation shall be indicated on the plate, in addition to the information referred to in Article 9 of that Community Regulation. This information shall cover at least 25% of the plate.

(b) During the execution of the transaction, the beneficiary shall affix a cartel to the enclave of transactions where the total public contribution to the operation exceeds EUR 500 000 and consists of the financing of a infrastructure or construction work. The information referred to in Article 9 of the Community Regulation shall cover at least 25% of the cartel. After the completion of the operation, the sign shall be replaced by the permanent explanatory plate referred to in subparagraph (a) above. (c) The beneficiary shall ensure that the parties involved in the operation have been informed of such funding. The beneficiary shall clearly state that the operation being carried out has been selected in the framework of an operational programme co-financed by ERDF funds. Any document relating to such operations, including certificates of assistance or of any other type, shall include a declaration that the operational programme has been co-financed by ERDF funds.

Title III

Aid management procedure

Article 51. Call.

1. The call for aid for each of the national programmes, where the aid is managed by different ministries, must be drawn up by the Executive Committee of the national programme concerned. The aid covered by this order shall be convened at the order of the Ministry of the Presidency.

2. The procedure for granting aid shall be initiated on its own initiative and by means of a single call for each of the national programmes provided for in this order. Provision may be made for periods of submission of different applications for each of the sub-programmes or for certain modalities of the sub-programmes. 3. Calls may provide for annual or multi-annual payments, in accordance with the provisions of Article 57 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. Where the calls are open, they shall specify the number of successive decisions to be taken and, for each of them, the maximum amount to be granted, which shall be the result of averaging the available budget between the time the call is open, the maximum time limit for the resolution of each of the procedures and the time limit in which applications may be submitted for each procedure. Where, at the end of a period, the corresponding subsidies have been granted and the maximum amount to be granted has not been exhausted, the amount not applied may be transferred to subsequent decisions falling, in accordance with the Article 59 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. 4. The notice shall contain at least the minimum content provided for in Article 23 of the General Grant Law. In order to manage the aid, it will be possible to have collaborating entities that will hand over the public funds to the beneficiaries, who will comply with the provisions of Article 15 of that law.

Article 52. Competent bodies to convene, instruct and resolve.

1. The authority responsible for convening the aid under this order shall be the Ministry of the Presidency, acting on a proposal from the Ministries concerned.

2. The competent bodies to order and instruct the award procedures shall be designated in the corresponding calls for each specific programme. The body must be composed of representatives of all the co-managing ministries of the aid. 3. Where different sub-programmes are specified within each programme, the call shall be designated by the competent authority for the instruction, from among the following:

(a) For the sub-programme, support for innovative business clusters: the Directorate-General for Small and Medium-sized Enterprises (Enterprise) or a management body in which it delegates, from the Ministry of Industry, Tourism and Trade. In the case of clusters or clusters in the tourism sector, it will be the General Secretariat of Tourism or a management body in which the delegation of the Ministry of Industry, Tourism and Trade.

b) For the sub-programme support to technology platforms: the Directorate General for Technology Policy, Ministry of Education and Science. (c) For the sub-programme of national strategic research consortia (CENIT): the Director-General of the Centre for Industrial Technological Development (CDTI), under the Ministry of Industry, Tourism and Trade. (d) For the sub-programme, strategic singular projects: the Directorate-General for Technology Policy, Ministry of Education and Science. (e) For the sub-programme, projects for public-private cooperation relating to transport and infrastructure: the Secretariat of the Ministry of Public Works, by virtue of the tasks assigned to it by Royal Decree 1476/2004 of 18 June 2004, developing the basic organic structure of the Ministry of Public Works. f) For the EURORESEARCH sub-programme: the Directorate-General for Research, of the Ministry of Education and Science. (g) For the EUROSCIENCE sub-programme: the Directorate-General for Research, of the Ministry of Education and Science. (h) For the EUROHEALTH sub-programme: the Directorate-General for Research, of the Ministry of Education and Science. (i) For the sub-programme of integrated actions: the Directorate-General for Research, of the Ministry of Education and Science. (j) For the sub-programme for the promotion of international scientific cooperation: the Directorate-General for Research, of the Ministry of Education and Science. k) For the subprogram of specialization grants in International Organizations: the Directorate General of Research of the Ministry of Education and Science. (l) For the sub-programme of support for the participation of companies and technology centres in international R & D programmes: the Directorate-General for Industrial Development, of the Ministry of Industry, Tourism and Trade.

4. They shall be competent to resolve the procedure for granting aid:

(a) For the sub-programme, support for innovative business clusters: the Minister for Industry, Tourism and Trade, or a steering body in which to delegate.

b) For the sub-programme support for technology platforms: the Secretary of State for Universities and Research, the Ministry of Education and Science or a management body in which to delegate. (c) For the sub-programme, national strategic research consortia (CENIT): the President of the Centre for the Technological Development of Industry. (d) For the sub-programme, strategic singular projects: the Secretary of State for Universities and Research, or a management body in which the delegation of the Ministry of Education and Science. (e) For the subprogramme, projects for public-private cooperation in the field of transport and infrastructure: the Assistant Secretary for Development of the Ministry of Public Works. (f) For the EURORESEARCH sub-programme: the Secretary of State for Universities and Research or a management body in which he delegates. (g) For the EUROSCIENCE sub-programme: the Secretary of State for Universities and Research or a management body in which the delegation of the Ministry of Education and Science is delegated. (h) For the EUROHEALTH sub-programme: the Secretary of State for Universities and Research or a management body in which the delegation of the Ministry of Education and Science is delegated. (i) For the sub-programme of integrated actions: the Secretary of State for Universities and Research or a management body in which the delegation of the Ministry of Education and Science. (j) For the sub-programme for the promotion of international scientific cooperation: the Secretary of State for Universities and Research or a management body in which the delegation of the Ministry of Education and Science is delegated. (k) For the subprogramme of specialization grants in international bodies: the Secretary of State for Universities and Research or a management body in which the delegation of the Ministry of Education and Science is delegated. (l) For the sub-programme of support for the participation of enterprises and technology centres in international R & D programmes: the Minister for Industry, Tourism and Trade or the management body in which he delegates.

5. In any event, the decision granting the aid corresponding to each of the national programmes will be published in the "Official State Gazette", as the order of the Ministry of the Presidency.

Article 53. Formalisation and submission of applications.

1. Applications for aid will follow the models that will be available for completion and presentation in the Internet addresses to be established in the calls derived from this order.

2. Applications shall consist of the following elements: request for assistance, questionnaire and memory, which shall be completed with the electronic means of support available in the relevant Internet addresses. Requests for specific sub-programmes may include, where appropriate, additional forms. The format of the electronic file containing the memory of the project or action must correspond to one of the following: "pdf", "rtf", "txt", "doc" or "wpd" and in no case will exceed 3 Mbytes of information. Applicants shall make the submission of the application, questionnaire, memory and, where appropriate, of the additional forms, to the electronic register to be determined in the calls derived from this order by electronic signature. advanced. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid. 3. The submission of the application with advanced electronic signature shall allow access, with the same certificate, to the Electronic Registry of the Ministry concerned, where the documents presented may be consulted and, in cases where Calls for this, the state of handling of the file may also be consulted. 4. Calls shall determine whether there is a possibility of submitting the application form in physical form, where the documentation cannot be provided by electronic signature. In such cases, the application shall be deemed to have been lodged on the date on which the application form is presented to the Register and shall give validity to the corresponding data submitted by means of telematics. 5. For projects submitted in cooperation between several entities, the calls shall establish the cases where the corresponding declarations of conformity of the participants are necessary, and when they will be be presented in physical support. 6. The applicant shall accompany the identification card of legal persons and entities in general (CIF) and the valid accreditation of the power of the signatory of the application. In the event that the representation by electronic means cannot be validly credited, it shall be presented in physical support. 7. In application of article 35 of Law 11/2007, of June 22, of electronic access of citizens to Public Services and in order to facilitate the presentation of valid accreditation of the power of the signatory of the application, as well as any supporting documentation, the interested parties may provide a digitised copy of the same, whose fidelity to the original will ensure through the use of the advanced electronic signature. The instructor, in the terms provided for in that law, may require the individual to display the original documentation at any time. 8. In the case of applications for aid for projects or actions of a multiannual nature, after the final judgment has been given, the individual beneficiary or the beneficiary representing cooperation projects shall not be entitled to the obligation to submit applications in subsequent years for the annuities granted in the draft resolution of their project or action, without prejudice to the obligation to provide the supporting documents required for payment and to comply with the other requirements laid down by the rules in force so that the competent body may recognise the relevant obligation. 9. If the documentation provided does not meet the required requirements, the person responsible shall be required to provide, within 10 days of the day following the day of receipt of the request, to remedy the absence or accompany the required documents, with a warning that if you do not do so, you will have to withdraw from the application, in accordance with the provisions of Article 71 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure Common. 10. 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. 11. Applications submitted by the persons concerned accompanied by the declaration responsible for meeting the requirements laid down in the call may be the subject of a pre-evaluation phase, which shall verify compliance with the requirements laid down in this Directive. the conditions imposed to acquire the status of beneficiary. In the event that the pre-assessment stage is favourable, applicants must present the evidence of compliance with these requirements. 12. The maximum period for the submission of applications shall be three months from the day on which the notice published in the "Official Gazette of the State" takes effect. 13. In accordance with the provisions of paragraph 6 of the Community framework for State aid for research and development and innovation (2006/C 323/01), the date of submission of the aid application must be before the beginning of the activity or Project for aid. Furthermore, the interested parties, unless they are an SME and the aid they request is less than EUR 7,5 million per project or feasibility study, must contribute to the application for the aid of a demonstration incentive effect. Annex I sets out the criteria that may be used for completion. This measure will apply to all beneficiaries of aid regarded as State aid in the terms of the Community framework for State aid for research and development and innovation (2006/C 323/01).

Article 54. Instruction and evaluation.

1. Applications shall be addressed to the competent body for the purpose of the procedure, which may, of its own motion, carry out as many actions as it deems necessary for the determination, knowledge and verification of the data under which it must The proposal for a resolution is formulated in accordance with the provisions of Article 24 of Law 38/2003 of 17 November, General of Grants.

2. The assessment and selection of applications shall be made on a competitive basis on the basis of the documentation provided and in accordance with the principles laid down in Article 8 of the General Law on Subventions. 3. The evaluation shall be carried out by an evaluation committee whose composition, for each individual sub-programme, is set out in Annexes II, III and IV of this order. The participation of external entities and experts will also be possible. The evaluation committee shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. 4. The assessment shall be carried out in accordance with the criteria set out in Annex II, III and IV. 5. The evaluation committee shall issue a final report setting out the outcome of the assessment carried out, referring it to the investigating body for the purpose of making the proposal for a provisional resolution.

Article 55. Proposal for a resolution and a hearing.

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 which shall include at least the list of beneficiaries and the amount proposed for their grant, and that the interested parties will be notified so that, within 10 days, they will formulate the arguments they deem appropriate, according to Article 24 (4) of Law 38/2003 of 17 November, General of Grants.

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

(a) In cooperation projects and actions, the contract, agreement or agreement establishing the rights and obligations of all participants.

(b) For subcontracting in excess of 20% of the aid and of a value of more than EUR 60,000, a contract between the parties. (c) a responsible declaration for the accreditation of the fulfilment of obligations for the reimbursement of grants. In the case of projects in cooperation, this document must be provided by both the applicant and the coordinator and by each of the participants in the project. (d) Other documentation required in the draft interim resolution.

3. The evaluating body shall be able to make the issue of a proposal for a resolution favourable to the person concerned to strengthen its application, giving it a period of 15 days, in accordance with Article 27 of the Royal Decree 887/2006, of July 21.

4. In accordance with Article 24 (4) of Law 38/2003 of 17 November, General Grants, it may be waived if the hearing is not included in the proceedings and are not taken into account in order to issue other facts or other allegations and evidence which were adduced by the person concerned. In this case, the motion for a resolution will be final. 5. Once the arguments put forward by the interested parties have been examined, the instructor shall make the final proposal for a resolution which shall be notified to the applicant entities which have been proposed as beneficiaries for the purpose of within 15 days, 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 15 days.

Article 56. Resolution.

1. Once the proposal for a final resolution has been adopted, the body responsible for resolving the matter will decide on the appropriate resolution or a de-estimate of the aid requested.

2. Decisions must expressly lay down the obligations to which the beneficiary contracts, as well as the rejection of all other applications. The designation of the budget items corresponding to the aid allocated shall be included. Co-financing with ERDF funds shall also be mentioned, where appropriate. 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 dismissal of the other applications, may include an orderly relationship of all the applications which, complying with the administrative and technical conditions established in this order to acquire the condition 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 laid down in the call. In this case, if the grant is waived by any of the beneficiaries, the granting body shall, without the need for a new call, agree to grant the grant to the applicant or applicants following that in order of its punctuation, provided that, with the waiver by any of the beneficiaries, sufficient credit has been released to meet at least one of the applications refused. 3. In those calls which provide for the grant of the grant in several payments, the amounts of payments following the fulfilment of the objectives specified in those calls or in the decisions to be granted may be conditioned. as well as to amend them upwards or downwards, after evaluation by the collegiate body of assessment, and new resolution, in accordance with the procedure specified in those calls; all without prejudice to the necessary justifications it is appropriate to present the beneficiary, as a result of the functions of scientific-technical and economic monitoring carried out by the competent bodies, and in accordance with the rules in force. 4. A list of the aid granted in the calls made under this order shall be published in the "Official State Gazette" by the Ministry of the Presidency. 5. The decision of the procedure for granting aid may be appealed for in replacement within one month and before the same body which has issued it, in accordance with Articles 116 and 117 of Law No 30/1992 of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure. Without prejudice to the foregoing, the decision of the procedure for granting the aid is to bring an action before the Court of First Instance of the National Court within a period of two months from the day following that of the Court of First Instance. the date of notification of that decision. 6. 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. Such time limit may be interrupted when, for the assessment of the application, mandatory reports are required from external bodies to the instructor, as well as when an assessment by international bodies is required or when the assessment is carried out. must be made on committees having a bi-national or multinational character, provided that their participation in the call resolution is established, which may not exceed two months, in accordance with Article 24 (3) of Law 38/2003, of 17 November, General of Grants. If, on the expiry of that period, the body responsible for resolving has not notified the decision, the persons concerned shall be entitled to understand the application. Against the alleged decisions of the procedure for granting the aid, it may be possible to request replacement proceedings within three months from the day following that of the time limit laid down in the first paragraph of Article 3 (1) of the Treaty. Previous paragraph. Without prejudice to the foregoing, against these alleged decisions, an appeal may be brought before the Court of the Administrative-Administrative Court of the National Court within six months of the day following the date of the expiry of the prescribed period. previously.

Article 57. Notifications.

1. 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.

2. The lists of the provisional motions for resolutions, the final motions for resolutions and the resolutions and orders for the granting of the aid may be published on the web pages of the Ministry of Education. In the case of the Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the In addition, notice of the publication of the proposals for interim resolution and final resolutions may be received by means of SMS or e-mail messages.

Article 58. Amendment of the resolution.

The supported actions should be implemented in the approved time and form to be collected in the concession resolutions. However, where 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 granting decision. Any change in the project will require at the same time: (a) that the change does not affect the objectives pursued with the aid, including regional aid, to its fundamental aspects, or to damage third-party rights.

b) That the change is requested before the end of the execution period of the project or activity object of aid and is expressly accepted. The calls may specify the time limit for the submission of requests for amendment, in such a way that the amendments submitted during the extension period for the implementation of the project are not accepted. The body responsible for resolving the requests for amendment shall be the body responsible for resolving the calls for aid. It shall take account of any irresponsibility which the person concerned may have incurred in submitting his application, the damage which may be caused to third parties, as well as other circumstances which may be established in the relevant third party. call. The authorization of the modification must be made expressly, notifying the person concerned.

Title IV

Justification and management

Article 59. Payment.

1. Where the beneficiary is a legal person, the payment of the aid, both in the first annuity and in the subsequent years if it has a multiannual character, may be made before the project or action has been carried out, after the grant resolution. However, calls arising from this order may provide for the payment of split payment.

2. In the event that the beneficiaries are natural persons, the payment shall be monthly, monthly. The calls shall lay down the specific conditions for such payments. They may also make other payments, at the beginning or at the end of the grant period, for the purposes and in the form of the calls to be determined. The calls may provide for an update of the perception of the grants awarded under the same programme in subsequent years, at the same time as this is applied to the trainees of the new call, with the aim of of the grant is the same for all grantees with a current scholarship, regardless of the date of the grant. In addition, the calls will determine the duration of the grants and under which conditions they may be suspended, terminated or reduced temporarily on the occasion of circumstances attributable to the grantees. 3. The payment shall be conditional on the existence of a record on the part of the managing body that the beneficiary complies with all the requirements set out in 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. In the case of a multi-annual estimate of aid, payments in subsequent years to that of the concession shall also be conditional on the fact that the managing body has been satisfied that the beneficiary complies with the cited requirements. 4. Grants may be paid in advance, in which case the provision of guarantees shall not be required. The call will specify this possibility for each subprogram. 5. The financial returns which may be generated by the funds provided in advance to the beneficiaries shall not increase the amount of aid granted.

Article 60. Justification.

1. The justification for the fulfilment of the conditions and the objectives set out in the grant decision shall be made by the ordinary supporting account referred to in Article 72 of the Law Regulation. 38/2003, dated November 17, General of Grants, approved by Royal Decree 887/2006, dated July 21.

Notwithstanding the foregoing, the system of account may also be accepted as a reduced supporting account, with the contribution of an auditor's report, as referred to in Article 74 of that Regulation, the simplified supporting account or the justification by accounting statements or by modules where the aid referred to is not co-financed by the European Union, or where such co-financing exists, the system set out in the call is compatible with the requirements of the right of the European Union on the justification of the aid. The detailed instructions and the corresponding forms for the presentation of the supporting documentation shall be published on the websites of the Ministries that have resolved the call. 2. For the economic justification of the aid of the subprogramme of specialization grants in international organizations contained in this call, only the certificates issued by those agencies, which attest to the the stay of the trainees in these centres, as well as the activities carried out. The specific rules of justification are laid down in paragraphs 3 and 5 of this Article and in the relevant calls. 3. Electronic means may be used in the justification of the grants, in accordance with the provisions of Order EHA/2261/2007 of 17 July 2007 regulating the use of electronic, computer and telematic means in the justification of the grants. 4. As regards the justification of the subsidies received by the State public entities, the provisions of Article 82 of the Regulation of Law 38/2003 of 17 November, General of Grants, will also be taken into account. approved by Royal Decree 887/2006 of 21 July on the possibility of using a simplified supporting account, except in cases where there is co-financing by the ERDF. 5. The supporting documentation shall be submitted from 1 January until 31 March of the year after the date of the performance of the activity, except where the beneficiary is a natural person, who shall have three months ' from the date of cessation of its activity. If that time limit elapses without the beneficiary making it, the authority of the file shall require the file to carry out the period within 15 days, warning that failure to do so within that time limit shall be reimbursed. of the aid in case of advance payment. 6. The investment and expenditure provided for in the project or action to be supported shall 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 project or action for each annuity shall be carried out in the year corresponding to the annuity granted in the case of the actions instructed by the Ministry Industry, Tourism and Trade or the Directorate-General for Technology Policy of the Ministry of Education and Science. In the case of multi-annual aid for actions instructed by the Ministry of Education and Science, the Ministry of Health and Consumer Affairs and the Ministry of Public Works, investments and expenditure will be implemented throughout the whole of the duration of the action; in such a way that the total budget approved and its annuities coincide with the payment plan established but not with the plan for implementation and justification of the expenditure of the action, which shall be annual. However, the investments and expenditure incurred annually through the monitoring reports shall be justified. 7. Where the instructor appreciates the existence of subsable defects in the justification, he shall inform the beneficiary by giving him a period of 10 days for his correction. 8. Calls may provide that the total cost of the subsidised budget shall be considered as indirect costs, in which case such a fraction of the cost shall not require additional justification.

Article 61. Check and control.

1. In the terms laid down in Article 84 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the concrete method to be followed to verify the justification of the The grant of the aid shall be adjusted to the following: the beneficiary of the aid shall be obliged to provide the checks aimed at ensuring that the project or action concerned is properly carried out. The beneficiary shall also be subject to the checks carried out by the Ministry concerned, as well as to the financial control of the General Intervention of the State Administration and the audit audit of the Court of Justice. Accounts and, where appropriate, of the rules applicable to the management of aid co-financed with Community funds.

2. The calls may establish the need for monitoring of the results achieved by the beneficiary in the field of R & D as a result of the aid granted (ex post evaluation). The results of this evaluation, to be carried out in the terms established in the current National Plan for Scientific Research, Technological Development and Innovation, 2008-2011, as well as those established in the (a) Regulation (EEC) No. 3939/EEC of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council 3. The verification of the supporting documents in the forms of justification in which it is applicable may be carried out using sampling techniques. The selection criteria for the sample shall take into account, inter alia, aspects such as: concentration of aid, risk factors and territorial distribution.

Article 62. Non-compliances and criteria for graduation of the drawback.

1. The beneficiary must comply with the objectives, projects, activities and behaviours which support the granting of the aid, as well as the commitments made therein. If this is not the case, it will lose the right to its recovery and, where appropriate, will recover the subsidy.

Also, the recovery of the amounts received and the requirement of the interest of the corresponding delay from the moment of the payment of the subsidy until the date on which the origin of the refund is agreed, in the cases (a) Article 37 of Law 38/2003, of 17 November, General of Subventions. 2. The total or partial non-compliance with the conditions imposed in connection with the grant of the grants shall give rise to the obligation to reintegrate the amounts received, in whole or in part, plus the interest on late payment as set out in Article 38.2 of the General Law on Grants, in accordance with the following proportionality criteria:

(a) The failure to meet the scientific and technical objectives for which the project was approved, determined through the mechanisms of scientific and technical monitoring and control, will be the cause of total reimbursement of the grant. In particular, the objectives shall be considered to be non-compliant where an appropriate percentage established in the call for activities, expenditure and investments provided for in the project for each of the annuities has not been achieved.

b) Failure to fulfil the partial objectives or specific activities of the project shall entail the repayment of that part of the subsidy for such purposes or activities. (c) Unauthorised changes to the financial budget shall entail the return of the amounts diverted. (d) The failure to submit, in accordance with the relevant call, the annual or final monitoring reports, both technical and economic, shall entail the return of the amounts received and not justified. (e) The failure to submit the documents to justify the completion of the financial investment will take place, after 15 days following the request of the instructor, for the reimbursement of all the aid granted, according to the Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants. (f) failure to comply with the obligations laid down in the relevant notice, in the case of natural persons, as well as the unauthorised modification of the conditions laid down in the decision to grant it.

3. In the case of projects or actions in cooperation, the representative shall be responsible in the event of a refund or penalty procedure.

4. Without prejudice to the foregoing, Title IV of Law 38/2003 of 17 November, General of Subsidies, on infringements and administrative sanctions in the field of grants shall apply.

Article 63. Recovery procedure.

The agreement to initiate the refund procedure must indicate the cause of the initiation, the unfulfilled obligations and the amount of the subsidy concerned.

Received notification of the initiation of the refund procedure, the person concerned may submit the allegations and documentation that he considers relevant 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 period of 12 months from 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. The discharge procedure shall be administered by the competent body of the Ministry of Economic Affairs and Finance.

Additional disposition first. Applicable rules.

The aid referred to in this order will be governed, in addition to the provisions of the Law 38/2003, of 17 November, General of Grants and its Regulation approved by Royal Decree 887/2006, of 21 of In July, as well as in Law 47/2003, of 26 November, General Budget, Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure and other provisions of application.

Additional provision second. Authorisation of the European Commission.

The aid will not be paid until authorisation by the European Commission of this scheme, as provided for in Article 88 of the TEC.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.15. of the Constitution, which attributes to the State exclusive competence in the field of the promotion and general coordination of scientific and technical research.

Final disposition second. Entry into force.

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

Madrid, March 14, 2008. -First Vice-President of the Government and Minister of the Presidency, María Teresa Fernández de la Vega Sanz.

Annex I

Incentive effect and need for aid for industrial research projects, experimental development and feasibility studies

According to the factors set out in paragraph 6 of the Community framework for State aid for research, development and innovation (2006/C 323/01), State aid must have an incentive effect, i.e. change in the behaviour of the beneficiary in such a way that it increases the level of R & D activity; the result of the aid must be the increase in the volume, the scope, the amounts invested or the speed of the R & D activities. It is considered that the aid does not provide incentives to the beneficiary in all cases where the R & D activity has already been initiated before the submission of the aid application. On the other hand, if the project or action to which the aid is intended has not been initiated before the application, it is automatically considered that aid to R & D projects and feasibility studies have an incentive effect, when the beneficiary is an SME and the amount of aid is less than EUR 7,5 million per project and by SMEs. In any other case, and in order to verify that the aid provided to the recipient is to change the behaviour in such a way as to increase the level of R & D activities, the interested parties will provide an assessment of the increase in R & D activities. activities by means of an analysis comparing the situation with and without the granting of aid. Stakeholders can use, along with other quantitative and/or qualitative factors, the following criteria:

(a) Increase in project volume: increase in total project cost (no decrease in beneficiary expenditure compared to a situation without aid); increase in staff numbers for activities I + D;

b) Increase in scope: increase in the number of expected results of the project; a more ambitious project, illustrated more likely to carry out scientific or technological advances or greater risks of failure (because the research involves greater risks, it is a long-term project and the results are uncertain); c) Increase in speed: reduction of the project completion time compared to the realization of the same project (d) Increase in the total amount used in R & D: the beneficiary of the aid increases the total expenditure on R & D; changes of the committed budget for the project (without corresponding decreases in the budget of other projects); the beneficiary of the aid increases the total expenditure on R & D as a percentage of all the turnover.

If a significant effect on at least one of these aspects can be demonstrated, and taking into account the normal behaviour of an undertaking in the relevant sector, in principle, the instructor body will consider that the aid has an incentive effect.

Annex II

Criteria for evaluating applications and Composition of evaluation commissions for the National Network Program

1. Sub-programme of support for innovative enterprise clusters.

1.1 Evaluation criteria. Each application for a proposed aid will be globally qualified from 0 to 100 points. On the basis of the scores obtained, ordered from the largest to the least, and as far as the available budget credit is available, applications whose proposals exceed the 50-point rating may be eligible for aid. This qualification shall be based on the assessment of the criteria laid down for each of the lines of action or eligible projects, and shall add the score obtained in each of them.

1.1.1 The criteria for evaluating requests for strategic plans are as follows:

(a) The degree of preparation of the proposal. It will be at least equivalent to the level of preliminary draft of what the strategic plan will be once formulated. To this end, the proposal should be drawn up on the basis of plausible working hypotheses which will subsequently be confirmed or reformulated after the completion of the plan for the implementation of which the aid is requested. The temporary horizon of the preliminary draft and the strategic plan to which it will be four years. (From 0 to 10 points).

b) Quality, depth and breadth of the analysis of the future situation and perspectives contained in the proposal. To this end, the guidance and tentative description of the projects or investment projects that the strategic plan proposes to address, as a result or in response to the analysis, shall be considered as a special consideration. Such guidance and description will be confirmed, concretized, or in its case reoriented, by the plan once formulated. In the specific field of strategic plans for clusters in the tourism sector, its contribution to the objectives of the Spanish Tourism Plan Horizon 2020, approved by agreement of the Council of Ministers of 8 November 2020, will be particularly valued. of 2007. (From 0 to 10 points). (c) Viability. The internal coherence of the proposal will be assessed, from the perspective that the set of projects and actions that can be implemented by the plan, be technically, economically and financially viable. (From 0 to 10 points). (d) Commitment and structures for coordination and management. The capacity of beneficiaries or applicants to be shown to manage and coordinate their members whose collective must be clearly identified, as well as the degree of involvement and commitment of them, shall be assessed. be coherent to achieve the joint strategy, provide the necessary resources and address the projects that are finally put into place in the strategic plan once formulated. The definition of the structures for coordination and management, its operating mechanisms and its financing scheme will also be assessed. In the specific field of tourist AEI, the participation of companies belonging to different links in the tourist value chain will be assessed. (From 0 to 15 points). e) Participation of the Autonomous Communities and local entities. The visibility of the commitment that the institutions or bodies belonging to the autonomous communities or local development entities shall be given shall be assessed, to be provided for the implementation of the projects and activities envisaged in the plan. presented. Such a commitment may be made in formulas such as the provision of knowledge, scientific, technological, training, management or other infrastructures and, possibly, co-financing mechanisms. (From 0 to 15 points). f) Global economic impact. The relative size of the future AEI in its sector and technology sector will be assessed from a global market perspective. In the specific field of tourist AEI, the economic impact they have on the various subsectors of the tourist value chain, products and tourist destinations will be particularly appreciated. (From 0 to 10 points). (g) Continuity. The strategic plan must be aimed at making concrete, in its scientific, technical, training, economic and financial aspects, those projects and actions which can be developed with the support of public infrastructure instruments and financing, including programmes at national, European and international level. (From 0 to 15 points). h) Regional and local impact. The degree of coherence of the proposal will be assessed with regional and local development strategies aimed at achieving positive impacts on economic activity, improved well-being and increased quality of employment, among others, such as: the implementation of the actions, projects and investments to be specified by the strategic plan for the preparation of which the aid is requested. In the specific field of tourist AEI, its capacity to achieve positive impacts on the tourist destinations in which they settle will be particularly valued. (From 0 to 10 points). (i) Consideration of the aspects referred to in Article 5 (a) of this order; (0 to 5 points).

1.1.2 The criteria and scorecards to be used to assess applications for partial financing of the operation of the coordination and management structures of the AEI are as follows:

(a) Adequation of the total amount of the expenditure to be supported proposed in the application to the dimension and characteristics of the organisational and coordination structure of the AEI. (From 0 to 40 points).

b) Dimension and characteristics of the activities supported by the organizational and coordination structures. (From 0 to 40 points). (c) Quality and transparency of the application in relation to the types of expenditure for which funding is requested. (From 0 to 20 points).

1.1.3 The criteria and scorecards to be used to evaluate the applications for the actions described in Article 5 (c) and (5) (d) of this order (specific projects and joint projects) are the following:

a) Interest and coherence of the objectives pursued through the activities to be carried out with the priorities defined in the Strategic Plan of the AEI. In the specific field of tourist AEI, particular projects will be assessed in the fields of tourism product innovation, the development of new information technology tools and communications to facilitate the development of tourism products. the provision of tourist services, the sustainability of tourist destinations and support for tourism SMEs. (From 0 to 15 points).

b) Consistency between the external dimension and projection of the AEI and the size and cost of the proposed activities for which the aid is requested. (From 0 to 30 points). c) Potential of the actions to be carried out in order to obtain practical results in terms of portfolio of innovation projects. The case of projects presented by groups in the tourism sector will take into account the adequacy of these projects to the Action Lines identified in the Innovation Programme under the Spanish Tourism Plan Horizon 2020, approved by Agreement of the Council of Ministers of 8 November 2007. (From 0 to 35 points). (d) Quality and transparency of the application in relation to the types of expenditure for which funding is requested. (From 0 to 20 points).

1.2 Composition of the evaluation committee.

The Evaluation Commission will be composed of a representative of the Directorate-General for Small and Medium-sized Enterprises (Ministry of Industry, Tourism and Trade), who will act as Secretary, a representative of the Secretary of State for Telecommunications and Information Society (Ministry of Industry, Tourism and Trade), a representative of the Technical Cabinet of the Secretary General of Industry (Ministry of Industry, Tourism and Trade), a Representative of the Secretariat (Ministry of Industry, Tourism and Trade), a representative of the Directorate-General for Industrial Development (Ministry of Industry, Tourism and Trade), a representative of the Centre for Industrial Technological Development (CDTI) and a representative of the National Innovation Company (ENISA). The Commission shall be chaired by the Director-General for Small and Medium-sized Enterprises (Ministry of Industry, Tourism and Trade).

In the case of projects relating to the tourism sector, the Evaluation Commission shall be composed of the holder of the General Secretariat of Tourism, who shall preside over that evaluation committee, a representative of the Subdirectorate General of Quality and Tourism Innovation (Ministry of Industry, Tourism and Trade), who will act as Secretary, a representative of the State Society SEGITTUR, a representative of the Cabinet of the Secretary of State for Tourism and Trade (Ministry of Industry, Tourism and Trade) and a representative of the Institute of Tourism of Spain.

2. Sub-programme of support for technology platforms.

2.1 Evaluation criteria. For the evaluation process, the following objectives shall be taken into account with the specified weight: (a) Compliance with the objectives of the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, in relation to the line instrumental in "Articulation and Internationalization of the System": 10 percent of the total score.

b) Need for action within the system science technology company: a 30 percent score. The capacity to disseminate knowledge, the promotion of participation in international programmes and cooperation between scientific and technological actors and the capacity to solve common problems will be assessed. c) The organizational quality of the action consistent with the intended objectives: 40%. The appropriate identification of the objectives and the results, the level of technological development, the innovative nature of the proposal and its technical feasibility will be assessed. d) Cost benefit ratio: 20 percent. The plan of exploitation of the results, their economic partner impact and the forecast of increase of the R & D activity will be assessed.

2.2 Composition of the evaluation committee.

The Evaluation Commission will be chaired by the Director General of Technology Policy (Ministry of Education and Science). His vice-president will be the Deputy Director General for Programming and Economic Management (Ministry of Education and Science).

They will be vocal:

(a) The holders of the Subdirectorates General belonging to the Directorate General of Technology Policy (Ministry of Education and Science).

b) A representative, with the rank of Subdirector General or equivalent, of the following Ministerial Departments, Management Bodies and Public Bodies:

Cabinet of the Secretary of State for Universities and Research, Technical Cabinet of the Secretariat, Cabinet of the Secretary General of Scientific and Technological Policy, Directorate-General for Research; all of them belonging to the Ministry of Education and Science.

Ministry of Industry, Tourism and Trade. Center for Industrial Technological Development (CDTI). Spanish Patent and Trademark Office (OEPM). Ministry of Development. Ministry of the Environment. Ministry of Agriculture, Fisheries and Food. Ministry of Health and Consumer Affairs.

An official of the Directorate-General for Technology Policy (Ministry of Education and Science), appointed by its head, will act as the Secretary of this evaluation commission.

Annex III

Criteria for the evaluation of the requests and composition of the evaluation commissions of the National Public-Private Cooperation Program

1. CENIT sub-programme.

1.1 Evaluation criteria. The process of evaluation and selection of applications will consist of two phases: (a) In the first phase, the Centre for Industrial Technical Development (CDTI) and the National Assessment and Prospective Agency (ANEP) will draw up two reports: the report the CDTI will deal with the technical-commercial and business aspects of the project, as well as the economic-financial viability of the consortium in relation to the project; the ANEP, in turn, will carry out its evaluation on the scientific and capacity and adequacy of the participating research groups.

The ANEP will forward its report to the CDTI, within two months of the instructor being sent a copy of the application, together with the complete documentation. (b) The second stage is intended to evaluate and propose an estimate or estimate to be carried out by an evaluation committee.

For the CDTI evaluation process, the following objectives with the specified weight will be considered:

a) Technological assessment of the proposal: 75 points. (1) Degree of adequacy of the project to the general and specific objectives of the CENIT programme: 5 points. If you get 0, the project will not be eligible.

a.2) Capacity and balance of the consortium: 20 points. If they get less than 10 the proposal will not be eligible. a.3) Scientific-technical excellence of the project and feasibility of the proposal: 30 points. If they get less than 15 the proposal will not be eligible. a.4) Quality of project management: 10 points. a.5) Potential socio-economic impact: 10 points.

b) Economic and financial assessment of the consortium in relation to the project: 15 points.

c) International impact assessment of the project: 10 points. (d) Assessment of the adequacy of the national aerospace strategy (if applicable): 10 points. Only this last section will be assessed for projects related to aeronautics and space. Where paragraph (d) is not valued, the final note of the CDTI assessment shall be the sum of paragraphs (a), (b) and (c). Where paragraph (d) is valued, the final note of the CDTI assessment shall be the sum of paragraphs (a), (b), (c) and (d) divided by 1.1.

For the evaluation process of ANEP, the following objectives shall be taken into account with the specified weight:

a) Adequation of objectives, originality and impact: 25 points.

b) Quality of the requesting team: 25 points. c) Project quality: 25 points. d) Analysis of the structure of the group: 25 points.

The evaluation committee will weigh the note assigned to each project, which will be the arithmetic mean of the CDTI and ANEP notes. Projects that have obtained less than 40 points in either of the two evaluations will not be eligible.

1.2 Composition of the evaluation committee.

(a) President: The President of the Center for Industrial Technological Development.

b) Vocals:

A representative of the Center for Technological and Industrial Development (Technology Directorate).

A representative of the National Assessment and Prospective Agency (Ministry of Education and Science). A representative of the General Secretariat of Industry (Ministry of Industry, Tourism and Trade). A representative of the Directorate-General for Technology Policy (Ministry of Education and Science).

c) Three independent representatives of recognized prestige in the scientific and/or technological field, who will be appointed in a consensual manner between the CDTI and the ANEP.

The vowels of representatives of administrative bodies and public bodies will have at least the level of Subdirector general or assimilated. The Secretary of the Committee shall be appointed by the CDTI from among its staff and shall not be entitled to vote. The voice representative of the CDTI shall perform the duties of the President in the event of his absence. The evaluation committee, in the light of the evaluations of the ANEP and the CDTI and in accordance with the available budget, shall draw up a priority list, which shall be submitted to the Commission's Support and Monitoring Committee (CAS). Interministerial of Science and Technology. This support committee shall forward the final list of proposals to the instructor, in accordance with the available budget.

2. Sub-programme of unique and strategic scientific technological projects.

2.1 Evaluation criteria. In the appraisal, the prequalification of the unique and strategic scientific and technological projects as a whole will first be carried out in the first place. Once the unique and strategic scientific-technological projects are pre-qualified, the second will be the selection of the subprojects or actions of dissemination included, which will be initiated in the year of the call. The subprojects or dissemination actions which, being included in the scientific-technological and strategic project approved in that year or in previous years, will be initiated in successive years will be presented in the calls of the year corresponding.

The evaluation procedure will take into account:

a) The quality and technological feasibility of the project. The evaluation of this criterion will be carried out through external experts from the teaching and research fields, by the expert panel of the instructor and/or by the evaluation systems of the Ministry of Education and Science.

b) The strategic opportunity and potential impact to be assessed by the expert panel of the instructor.

The following criteria will also be considered:

a) The strategic character of the proposal.

b) The uniqueness of the performance. (c) The structure of the constituent actions for the achievement of the common objective.

The weight of the entire set of criteria will be as follows:

1) Compliance with the objectives of the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, in relation to the instrumental line of "Articulation and Internationalization of the System": 10 percent of the total score.

2) Adequation of project objectives to those corresponding to each thematic sector or strategic action: 20 percent of the score. 3) Level of technological scientific development: 20 percent of the score. 4) Identification of project objectives, justification, quality and technical, economic and financial feasibility of the project: 30%. 5) A singular and strategic character according to the present call for 20 percent. This overall criterion includes the dissemination, socio-economic impact, promotion of business participation and participation in international R & D & I programmes, in particular in the 7th Framework Programme of the European Union, cooperation between scientific and technological agents, the promotion of research activity and the capacity to solve common problems. The assessment process shall require the subdivision of these criteria into sub-criteria that facilitate the scoring assignments in an objective manner and which shall be established by the competent body for the instruction of the procedure in accordance with the evaluation committee.

2.2 Composition of the evaluation committee.

The evaluation committee will be chaired by the head of the Directorate-General for Technology Policy. He shall be the Chairman of the General Secretariat for Programming and Economic Management.

They will be vocal:

(a) The holders of the Subdirectorates General belonging to the Directorate-General for Technology Policy.

b) A representative, with the rank of Subdirector General or equivalent, of the following Ministerial Departments, Management Bodies and Public Bodies:

Cabinet of the Secretary of State for Universities and Research, Technical Cabinet of the Secretariat, Cabinet of the Secretary General of Scientific and Technological Policy, Directorate-General for Research; all of them belonging to the Ministry of Education and Science.

Ministry of Industry, Tourism and Trade. Center for Industrial Technological Development (CDTI). Spanish Patent and Trademark Office (OEPM). Ministry of Development. Ministry of the Environment. Ministry of Agriculture, Fisheries and Food. Ministry of Health and Consumer Affairs.

(c) An official of the Directorate-General for Technology Policy, appointed by its holder, shall act as the Secretary of this evaluation committee. 3. Sub-programme of Public-Private Cooperation Projects relating to Transport and Infrastructure.

3.1 Evaluation criteria. The process of evaluation and selection of applications will be in line with internationally accepted good practices for the scientific-technical evaluation of the research and will consist of two assessments, causing exclusion to obtain a score less than 40 percent of the maximum score in any of them.

On the one hand, the National Agency for Evaluation and Prospective (ANEP) and the Center for Industrial Technological Development (CDTI), will carry out the evaluation of the scientific-technical and technical-business aspects, respectively, of applications. On the other hand, the Evaluation Commission will assess the aspects related to the adequacy of the priorities and objectives of the Ministry of Development, as well as the implementation of the results in its field. The assessment shall take into account the following criteria:

a) Capacity of the research team to carry out the scheduled activities and relevance of the recent contributions of the same, related to the project area: from 0 to 4 points.

b) Scientific-technical contributions expected from the project. Novelty and relevance of the objectives: from 0 to 4 points. c) Viability of the proposal. Adequacy of the methodology, design of the research and work plan in relation to the objectives of the project: from 0 to 2 points. d) Composition of the group, complementarity of the research teams involved and benefits of coordination: from 0 to 3 points. (e) The budget allocation to the proposed activities and the justification for the project according to the needs of the project: from 0 to 4 points. f) Existence of an appropriate plan for dissemination and transfer of project results: from 0 to 3 points. g) Adequation of the project to the priorities of the call, to the corresponding National Program, to the objectives of the Strategic Plan of Infrastructures and Transport (PEIT), and to those of the Ministry of Development. Scientific-technical relevance in relation to other applications submitted to the National Program. Opportunity of the proposal: from 0 to 4 points. (h) Prospects for the practical implementation of the results of the project in the field of action of the Ministry of Development: from 0 to 4 points. i) Adequation of the size, composition and dedication of the research team to the objectives proposed in the project. Particular value, the high or even the exclusive commitment to the project by each of the members of the team and, in particular, that of the principal investigator shall be assessed: from 0 to 4 points. (j) Activity and previous results which the research team has obtained in the field of transport and infrastructure: from 0 to 3 points. k) Internationalization of the research activity. Internationalisation plan derived from the project establishing a strategy for the participation of consortium members in international programmes, in particular in the Framework Programme of the European Union. Current or former participation of the research team in the aforementioned Framework Programme, in other international programmes, in collaborations with international groups on project-related topics, or any other element that allows to measure the degree of internationalisation of the research activity of the group: from 0 to 3 points. l) Participation of women in the research team, as a principal investigator or as participants in the team: from 0 to 2 points.

3.2 Composition of the evaluation committee.

The Evaluation Commission will be chaired by the Assistant Secretary for Development (Ministry of Public Works) or the holder of an organ of the Subsecretariat in whom it delegates, with rank at least of Deputy Director General.

They will be vocal:

Two representatives of the Ministry of Infrastructure's Secretariat of State for Infrastructure and Planning.

Two representatives of the General Secretariat of Transport of the Ministry of Public Works. Two representatives of the Secretariat of the Ministry of Public Works. A representative of the Center for Studies and Experimentation of Public Works. A representative of the National Assessment and Prospective Agency, ANEP. A representative of the Center for Industrial Technological Development, CDTI.

The Secretary, with a voice but without a vote, will be an official of the Ministry of Public Works, appointed by the President of the Commission.

ANNEX IV

Criteria for the evaluation of the applications and composition of the evaluation commissions for the National Program for the Internationalization of R & D

1. Sub-programme EURORESEARCH.

1.1 Evaluation criteria. The evaluation process will be carried out according to the best practices internationally accepted for the scientific-technical evaluation of the research.

In the process of selecting requests, the following aspects will be evaluated:

a) Interest and scientific-technical relevance of the proposal. In particular, in the areas of international collaboration for the implementation of the proposal (from 0 to 15 points).

b) Viability and timeliness of the proposal. Match the objectives and priorities of the relevant international programme (from 0 to 10 points). (c) Previous experience and capacity of the team or entity to carry out the scheduled activities (from 0 to 10 points). (d) Complementarity with research projects or other actions financed by the National Plan (from 0 to 5 points). (e) Equation of the financial resources requested of the proposed objectives and the available budgetary resources (from 0 to 5 points). (f) Implication in the proposal and own accredited contribution or from other public or private entities (from 0 to 5 points). For the assessment of paragraphs (a), (b) and (c), account shall be taken of the international assessment previously carried out under the relevant programme (ERA-NET, EUROCORES or Transnational Cooperation). As a result of the evaluation process, the different proposals will be rated in five categories: A, B, C, D or E (with the rating being the most favorable rating, and E, the least favorable rating).

Selection commissions will draw up a concession proposal that will include:

(a) A prioritized relationship of the actions proposed to be financed, including a budget proposal for the actions, which will be determined according to criteria of maximum efficiency in the allocation of resources, and a list of the shares that are considered non-bankable.

b) An individual report summarising the most relevant aspects of the final scientific-technical assessment, which will be a comprehensive report taken by consensus by the selection panel, and which will include the assessment carried out in the the context of the international programme. Additionally, the participation of female members in the research team (as Principal Researchers or as participants in the team) will be assessed. If the gender ratio improves the average of the area or sub-programme, this criterion will improve the assessment of the commission.

1.2 Composition of the evaluation committee.

For the selection of applications, selection commissions will be set up by the Director-General of Research of the Ministry of Education and Science (a selection commission for each ERA-NET, EuroCore or Transnational cooperation) involving representatives of the National Assessment and Prospective Agency (ANEP), the appropriate technical department, as well as managers and experts from the technical departments of the Subdirectorate General de Research projects of the Ministry of Education and Science.

These commissions will be chaired by the Deputy Director-General of Research Projects (Ministry of Education and Science) and will be composed of a minimum of six members. In the composition of these committees, the parity between men and women will be maintained.

2. EUROCIENCIA sub-programme.

2.1 Evaluation criteria. The valuation organ shall perform two valuations. The first of these during the concession procedure, in which, following the comparison of the applications submitted in accordance with the criteria set out in the following subparagraph, it shall issue a report setting out the outcome of the assessment, a ranking of the applications and the amounts proposed for the grant, specifying the amounts granted in the first annuity and an estimate of the following annuity.

The second assessment shall be made to all applicants to whom the grant has been granted, on the date to be determined, after the implementation of the projects has been initiated, and shall be intended to assess the achievement of the the objectives set out in the Strategic Action Plans and in the first concession resolution. As a result of the valuation, the amounts granted for the second annuity may be maintained or reduced, as specified in the decisions of convocation and concession. In the event of a mini-sentence, the valuation commission may redistribute the remaining amounts among the other beneficiaries, taking into account the assessment of the objectives and the results of the new assessment, provided that the grant does not exceed the value of the performance. The Commission shall issue a report showing the outcome of the evaluations and the amounts proposed for the second payment. In the process of evaluation and selection of applications, the following aspects will be assessed:

(a) Level and path of participation of the public research centre in the European Union's V and VI Framework Programmes.

b) Interest and relevance of quantitative and qualitative leap in the participation of the public research centre in the 7th Framework Programme of the European Union. (c) The foreseeable impact of the proposed actions on both the public research centre and its collaboration with other Spanish entities in the Seventh Framework Programme of the European Union. d) Coherence in the planning and adequacy of the resources to the proposed objectives. (e) Co-financing both of the own funds of the public research centre and of other public or private entities. f) Potential researcher of the entity (number of international projects, agreements, relationships with companies, etc.). g) The management, implementation and monitoring and control of the plan. (h) Results obtained in the Seventh Framework Programme of the European Union. For this aid resolution, a maximum of 110 points, points (a), (c), (d), (e) and (h) shall be assessed with a maximum of 10 points, and (b), (f) and (g) with a maximum of 20 points. A total valuation of less than 50 points will be excluded. The calls shall establish the time limits for the procedures for the second evaluation, as well as the requirements for the beneficiaries and the documentation to be submitted.

2.2 Composition of the evaluation committee.

For the assessment and selection of the applications submitted, a valuation fee will be created. The Commission shall be chaired by the Secretary-General for Science and Technology Policy (Ministry of Education and Science) and shall have the role of the Director-General for Research, or a person to whom the Director-General of the Commission Technology policy, or person to whom the Deputy Director-General of International Programmes and Agencies (Ministry of Education and Science), experts in the European Union Framework Programme up to a maximum of six, and an official of the Sub-Directorate-General for International Programmes and Agencies (Ministry of Education and Science), who will act as secretary.

The members of the commission not specified in this resolution will be appointed by the Director General of Research (Ministry of Education and Science). In the composition of the committee, parity between men and women will be maintained. The Commission shall govern its operation in accordance with Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal System of Public Administrations and the Common Administrative Procedure.

3. EUROHEALTH sub-programme.

3.1 Evaluation criteria. The criteria to be used in the evaluation system are as follows: (a) Attainment of the objectives in aid previously granted by the European Union (from 0 to 10 points).

b) Adequation of the research projects for the application of personnel with the aid (from 0 to 10 points). c) Adequation of the requested financial resources and justification in relation to the needs of the project and the objectives that are proposed (from 0 to 10 points). d) The existence of an adequate and sufficient plan to disseminate and disseminate the results of the project (from 0 to 10 points). e) Applicability and interest of the proposal for the National Health System (from 0 to 10 points). f) Adequation of the projects to the objectives of the call (from 0 to 10 points). (g) Projects submitted by emerging research teams or which, due to their geographical location, make a concrete action necessary to achieve inter-territorial equity and balance (from 0 to 10 points). The scientific and technical evaluation of applications shall be carried out by the Evaluation Committee, which shall issue a report setting out the assessment made of the applications taking into account the above criteria and the available resources. budget and draw up a prioritized list.

3.2 Composition of the Evaluation Commission:

President: The Deputy Director General of Research Projects (Ministry of Education and Science), or person to whom you delegate.

Vocals:

Deputy Director General of International Programs and Organizations (Ministry of Education and Science).

The Director of the European Project Office, Carlos III Health Institute. A representative of the General Subdirectorate of International Programs and Organizations (Ministry of Education and Science). The Coordinator of the FIS (Health Research Fund) technical commission for the evaluation of human resources.

Secretary: An official of the Subdirectorate General of Research Projects, with a voice but without a vote. 4. Subprogramme of integrated actions.

4.1 Evaluation criteria. The National Assessment and Prospective Agency (ANEP) will carry out the scientific-technological evaluation of the applications, producing a report for each of them according to the following criteria: a) Scientific-technological quality and Feasibility of the joint R & D project and the interest of cooperation.

b) Capacity and research potential of the Spanish research team. c) Complementarity of the research teams of both countries in relation to the proposed R & D project.

The scale to be used by the ANEP will give a maximum of 10 points to the criterion contained in paragraph (a) above, a maximum of 10 points to the criterion contained in paragraph (b) above and up to 5 points to the criterion contained in the (c) above.

The bilateral selection commission, in cases where eligible applications for funding have obtained the same assessment, will give priority to those applications that are led by young researchers or that have young people among the team members. A young researcher shall mean a researcher who has no more than ten years of research experience counted since obtaining a doctor's degree. Also, and for the same cases, it will be taken into account if the application includes more than two countries in order to constitute a collaborative network. Once the relationship of financial actions with each country has been established, the bilateral selection commission will raise its proposal for a concession to the Directorate-General for Research.

4.2 Composition of the evaluation committee.

For the selection of the actions, a bilateral selection commission will be set up for each of the eight countries participating in the program, made up of representatives from Spain and the other country.

The Spanish delegation participating in each of the bilateral selection commissions will be chaired by the Deputy Director General for Training and Mobility of the Research Staff (Ministry of Education and Science) or person in whom it delegates, and consists of a representative of the Directorate-General for Training and Mobility of the Research Staff (Ministry of Education and Science) and, where appropriate, by experts appointed by the Directorate-General for Research (Ministry of Education and Science). The composition of these committees will tend to parity between men and women.

5. Subprogramme for the Promotion of International Scientific Cooperation (FCCI).

5.1 Evaluation criteria. The instructor shall first carry out a pre-assessment of the applications to verify that the applicant fulfils the conditions for acquiring the status of beneficiary.

A scientific-technological assessment of applications by independent experts will be carried out, producing a report for each of them according to the following criteria:

(a) Scientific-technological quality and feasibility of the joint R & D project and interest in cooperation, and/or capacity and potential of the Spanish team (30 points).

b) Complementarity of the research teams of both countries in relation to the proposed R & D project. (20 points). c) Impact of the action (40 points). d) Viability of the action (30 points).

criterion (b) above shall only be taken into account in the international complementary actions (c), (d) and (e) defined in Article 36.2 of this order.

The selection commissions, once the applications have been evaluated in accordance with the criteria set out above, and taking into account the available budgetary resources, will issue a report which will include a priority of applications, together with a budget proposal for them, and an individual report summarising the most relevant aspects of the final scientific-technical assessment. The instructor, in the light of that report, shall draw up a motion for a resolution.

5.2 Composition of the evaluation committee.

For the selection of complementary international actions (a), (b), (c) and (f) as defined in Article 36.2 of this order, a selection commission shall be set up under the chairmanship of the Deputy Director General of Programmes and Agencies. International (Ministry of Education and Science) or person to whom it delegates, and composed of a representative of the Subdirectorate-General of International Programs and Organizations (Ministry of Education and Science) and, where appropriate, by experts who appoint the Directorate-General for Research (Ministry of Education and Science). The composition of these committees will tend to parity between men and women.

For the selection of complementary international actions (d) and (e) defined in Article 36.2 of this order, a bilateral selection commission shall be set up for each of the countries participating in the programme, made up of representatives from Spain and the other country. The Spanish delegation participating in each of the bilateral selection commissions shall be chaired by the Deputy Director-General of International Programmes and Agencies or a person to whom he delegates, and shall be composed of a representative of the Sub-Directorate-General for International Programmes and Agencies and, where appropriate, by experts appointed by the Directorate-General for Research. The composition of these committees will tend to parity between men and women. The selection committees shall draw up a proposal for a concession, including:

(a) A prioritized relationship of the actions proposed to be financed, including a budget proposal for the actions, which will be determined according to criteria of maximum efficiency in the allocation of resources, and a list of the shares that are considered non-bankable.

b) An individual report summarising the most relevant aspects of the final scientific-technical assessment, which will be a comprehensive report taken by consensus by the selection panel, and which will include the assessment carried out in the the context of the international programme.

6. Subprogram of Scholarships in International Organizations and Programs.

6.1 Evaluation criteria. The Directorate-General for Research shall establish the number of grants to be awarded in each international body according to the training needs and in accordance with the priorities set out in the National Plan of Scientific Research, Development and Innovation of Technology, 2008-2011 and the availability of reception centres.

The evaluation of the candidates will be done in two phases:

In the first phase, a scientific-technological evaluation of applications by independent experts will be carried out, producing a report for each of them according to the following criteria: a) Curriculum vitae candidate (up to a maximum of 4 points).

b) Adequation of the scientific-technological training of the applicant to the priority themes and profile established for each of the receiving agencies (up to a maximum of 4 points).

Requests that do not reach a minimum of 2 points in this section will not be considered.

Those applicants who reach a minimum of 4 points at this stage will be assessed, in a second phase, by representatives of the bodies identified by the applicant in their application in order to assess the adequacy of the training of the applicant to the profile of the positions available (up to a maximum of 8 points). Applications that score less than 1 in this phase cannot be selected. The international bodies must express their agreement to accept the scholarship, in the event that it is subsequently selected. During the selection process, both the Selection Commission and the international bodies may require applicants, in writing or through an interview, to clarify or justify aspects relating to the content of their curriculum. vitae or your application. The selection committees, once they have assessed the applications in accordance with the criteria set out above, and taking into account the budgetary resources, will issue a report which will include a priority relationship between the The instructor shall, in the light of that report, draw up a motion for a resolution. To this end, the reports issued by the experts will be taken into account and the availability of the reception centres will be available.

6.2 Composition of the evaluation committee.

The selection will be made by a selection commission appointed by the Director General of Research (Ministry of Education and Science) and chaired by the Deputy Director General of International Programs and Organizations (Ministry of Education and Science). Education and Science) or the person to whom the delegate, a representative of the same Subdirectorate-General, and a maximum of nine experts. In its composition the parity between men and women will be sought.

7. Sub-programme to support the participation of companies and technology centres in international R & D programmes.

7.1 Evaluation Criteria.

Complementary actions for international industrial cooperation

Weight

a) Economic feasibility of the performance, matching the costs to the target of the performance

15

b) Quality and technical feasibility of the project

10

c) Fomento a la business participation in international R & D cooperation programs

20

d) Ability to generate leadership in consortia I + D

20

) Promoting cooperation between agents in the science-technology-enterprise system, especially when they are included SMBs

20

f) Project's exhibition level, correction in wording, clarity, simplicity and concision in the ideas expressed

15

TOTAL

100

INNOEUROPA Projects

) Promoting business participation in the Framework Program European Union

) Project Expositive Level, Description of the activities that the Strategic Action Plan contemplates

Weight

30

b) Leadership in European Union Framework Program projects

15

d) Actuations made in the previous year in the European Union Framework Programme

15

e) Economic viability of the performance, matching the costs to the objectives and activities contemplated in the Action Plan

10

TOTAL

100

EUREKA or IBEROEKA projects as well as projects submitted to other international R & D programmes and initiatives

Weight

a) Economic viability of the performance, economic and financial situation of the company, adequacy of the costs to the target of the performance

10

b) Technological level of the project, degree of novelty at national and international level, technological risk involved its execution, ability to generate new lines of research and development

25

c) Project test level, correction in the wording, clarity on the ideas expressed, accompanying graphs or explanatory schemes, analysis on the state of the art

20

) Collaboration of different actors in the science-technology-enterprise system, balance in the distribution of tasks between each participant, geographic dispersion of the participants, participation of companies belonging to different links in the value chain

20

e) Socio-economic impact of the project, added value it brings, capacity to generate jobs, capacity to solve common problems affecting a significant number of companies or a particular sector, implementation in areas with structural economic problems

15

f) Forecast of increased research and development activity by the applicant (incentive effect of the help on the requester)

10

TOTAL

100

EUROSTARS Projects

The technical evaluation of EUROSTARS projects will be performed according to the following criteria:

cooperators

5

5

Weight

criteria.

Balanced project as regards cooperators

5

Value added by cooperation

5

5

5

Methodology and planning

5

5

Cost and financial structure

5

participant's financial commitment

5

Technology and Innovation.

Degree of Technology Risk

Achievement Forecast

5

of innovation

5

Progress technology due to participating SMEs

5

or sectoral impact

5

Market and competitiveness.

5

Access and Risks Involved

Return of the investment

5

market for SMEs

5

Strategic Importance

5

5

TOTAL

TOTAL

Server_table_body"> 100

7.2 Composition of the evaluation committee.

President: the Director General of Industrial Development (Ministry of Industry, Tourism and Commerce).

Vice President: The Assistant Director General for the Promotion of Industrial Innovation (Ministry of Industry, Tourism and Commerce). Secretary: an official of the Directorate-General for Industrial Development (Ministry of Industry, Tourism and Trade), appointed by its holder.

They will act as Vocals:

Deputy Director-General of Sectors Analysis and Industrial Environment (Ministry of Industry, Tourism and Commerce).

The Deputy Director General of Business Creation (Ministry of Industry, Tourism and Commerce). A representative of the Directorate-General for Small and Medium-sized Enterprises (Ministry of Industry, Tourism and Trade).

They will also be vocal, a representative, with a rank of Subdirector General or equivalent, designated by each of the governing bodies and public bodies listed below:

Cabinet of the Minister of Industry, Tourism and Trade.

Cabinet of the Secretary General of Industry (Ministry of Industry, Tourism and Commerce). Technical Cabinet of the Secretariat of the Ministry of Industry, Tourism and Trade. Center for Industrial Technological Development.

Directorate General for Technology Policy (Ministry of Education and Science).