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Order Itc/732/2008, Of 13 March, Which Regulate The Bases To Aid Derived From Safety Mining Plan For The Achievement Of A Sustainable Mining In Aspects Of Mining Safety And Prevention.

Original Language Title: ORDEN ITC/732/2008, de 13 de marzo, por la que se regulan las bases para la concesión de ayudas derivadas del Plan de Seguridad Minera para la consecución de una minería sostenible en los aspectos de prevención y seguridad mineras.

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The risk and the hardship are still associated with the mining profession, since many are the factors of danger linked to this activity by the type and methods of work, as well as by its development. Mining activity is one of the most risky professions, which requires all parties involved, public administrations, companies and workers, the greatest attention and effort to make it a risk. The Commission is also aware of the fact that the Commission has not been able to take the necessary measures to ensure that the Commission is able to take the necessary measures. For this reason, the mining policy of the Ministry of Industry, Tourism and Trade has among its fundamental objectives, the improvement of safety in the mining tasks, as well as the coordination and monitoring of the implementation of the Mining Security Plan. As a result, the first ministerial order for aid was published in 1999, the aim of which was to support and encourage any project that would be developed, in line with the lines set out in the Mining Security Plan, which had a favourable reception from the point of view of the number of applications for grants received. Subsequently, the Order ECO/1985/2002 of 30 July, which regulates the granting of subsidies derived from the mining safety plan and the call for the 2002 exercise, partially modified by the Order, was published. ITC/427/2005, dated 21 February. These orders regulated the granting of grants for mining safety performances and improved the acceptance records of the previous order. In this way, the number of applications received was increased each year and a greater effort was observed by all the actors, companies, business and trade unions and non-profit entities in the achievement of the objectives of reduction of accidents, prevention of accidents and promotion of safety and health in the mining industry. Currently, it is pertinent to emphasize that the important risks of mining justify a precautionary action, which requires further development proposals in the conduct of the actors to achieve a mining activity that contributes to effectiveness of sustainable mining development, framing the prevention of risks and safety and mining health in a broader context such as sustainability. It has been found that the prevention and safety campaigns carried out under the previous ministerial orders are part of the overall sustainability framework, and the increasing demands of the Member States will have to be met. institutions, civil society itself and above all, its protagonists workers, in mining safety and health, increasing, on the one hand, security measures and, on the other hand, training, awareness and prevention on the part of the administrations, employers and workers. One of the lines of action established, within the scope of the promotion action corresponding to public administrations, contains the mandate to establish public aid programmes for the adaptation of mining companies to progress. The Commission has also been responsible for the implementation of the European Council of Europe in the field of safety and security. Thus, the grants or aid referred to in this ministerial order will be aimed at promoting the development of projects carried out by companies and non-profit entities related to mining safety, in their various aspects of investment, research and development (R & D), training and human factors. These grants will be awarded in a global framework, the result of the national approval of the aforementioned Mining Safety Plan, whose main purpose is the reduction of the sinister nature of the mining activity in Spain, and to contribute effectively to achieve sustainable growth. Article 8 of Law 38/2003 of 17 November, General of Grants, developed by its Regulation, approved by Royal Decree 887/2006 of 21 July, provides that grants will be awarded under the principles of advertising, transparency, concurrency, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the granting administration and efficiency in the allocation and use of public resources. In addition, this law establishes the framework for action by the administration vis-à-vis the aid preceptors, in order to achieve a better implementation of public funds in the actions on which a strategic objective has been established, as is the case with the reduction of the accident or the improvement of the safety and health of the mining workers referred to in the current Mining Safety Plan. On the other hand, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as Law 38/2003 of 17 November, General of Grants, point out the essential requirements to ensure the impartiality of the procedure and the exercise of its rights to those administered. The granting of the aid, the bases of which are laid down in this order, must be carried out in the light of the constraints imposed by European Community law. In this regard, it shall be in accordance with the following Community rules and acts, as provided for in the operative part of this order:

Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid for training (Official Journal of the European Communities L 10, 13-1-2001), as amended by Commission Regulation (EC) No 363/2004 of 25 February 2004 (Official Journal of the European Union L 63 of 28-2-2004) and Commission Regulation (EC) No 1976/2006 of 20 December 2006 amending the Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards the extension of their periods of application (Official Journal of the European Union L 368, 23-12-2006).

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 for small and medium-sized enterprises (Official Journal of the European Communities) L 10, 13-1-2001), as amended by Commission Regulations (EC) No 364/2004 of 25 February 2004 (Official Journal of the European Union L 63, 28-2-2004), (EC) No 1857/2006 of 15 December 2006 (Official Journal of the European Union L Commission Regulation (EC) No 1035/2006 of 20 December 2006 amending Council Regulation (EC) No 725/2006 of 20 December 2006 on the Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards the extension of their periods of application (Official Journal of the European Union L 368 of 23-12-2006). Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the EC Treaty to regional investment aid (Official Journal of the European Union L 302, 1-11-2006). Spanish map for regional aid 2007-2013. (Official Journal of the European Union C 35 of 17-2-2007) and Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (Official Journal of the European Union) European L 379 of 28-12-2006). In accordance with Article 9 of Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the EC Treaty to regional investment aid, the provisions laid down in this order shall apply up to 31% of the December 2013, with annual calls for each of the budgetary years. Finally, the approval of this order is carried out by virtue of the powers of the State in terms of bases and coordination of the general planning of economic activity and on the basis of the mining and energy regime, attributed by the Article 149.1.13. and 25th of the Constitution. In its virtue, I have:

CHAPTER I

General provisions

First. Purpose and scope of material and temporal application.

1. The purpose of this order is the regulation of the bases for the granting of aid for the promotion of mining safety and the eradication to the greatest extent possible of the sinister nature of the mining activity in Spain, within the Plan of Mining Safety and in the framework of sustainable development of the mining sector.

According to this, projects that are carried out in the national territory, in the field of non-energy mining, and which are aimed at the areas of:

, may be supported.

(a) Projects of security investments in holdings and establishments of profit.

b) Training actuations. c) Actions directed to the area of human factors of the mining collective. (d) Research and development in mining safety.

2. Particular attention shall be given to projects which include prevention and safety measures and meet sustainability objectives, demonstrating principles and values of sustainable culture and the final effect of which is to stimulate and raise awareness of the attitude of the workers and/or interest groups involved (employers, managers, family, social environment). Creativity will also be appreciated in new and practical projects that are framed in the traditional actions of training.

In Annex I to this order, specific actions which may be the subject of a grant in each of the specific areas referred to in sub-paragraph 1 of this paragraph are specified. 3. This order shall remain in force until 31 December 2013. Without prejudice to this, the necessary adaptations shall be made to comply with Community rules replacing Regulations (EC) No 68/2001 and (EC) No 70/2001, the period of which ends on 30 June 2008.

Second. Beneficiaries.

1. (a) Private mining undertakings, other than those active in the coal sector as defined in Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid, may benefit from the subsidies provided for in this order: to the coal industry.

(b) The groupings of such undertakings. (c) non-profit-making institutions which do not engage in economic activity by offering goods or services in a given market and which have a legitimate interest in the mining activity.

For the purposes of this order, it is understood by mining company that it is included in the scope of the General Regulation of Basic Standards of Mining Safety, approved by Royal Decree 863/1985, of April 2.

2. No companies, groups or institutions in which any of the prohibitions laid down in Article 13 of Law 38/2003 of 17 November, General of Grants, or in the object or social purpose of which the Commission has taken place, shall be eligible. implementation of the subsidised activities. 3. They are the beneficiaries ' obligations:

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

(b) Justify before the granting body or the contributing entity, where appropriate, the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the grant or The subsidy is granted. (c) to be subject to verification, to be carried out by the granting body or the contributing entity, as appropriate, as well as any other financial verification and control which may be carried out by the competent control bodies; national as a Community, providing all information required for the exercise of the above actions. (d) to communicate to the granting body or the contributing entity other grants, aid, revenue or resources to finance the activities supported. This communication must be carried out in advance of the justification for the application given to the funds received. (e) To grant prior authorisation to the proposal for a decision on the granting of a concession to the current in compliance with its tax obligations and in the face of social security, in the form set out in 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. (f) Dispose of the accounting records, completed records and other documents duly audited in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, as well as how many accounting statements and records (a) specific measures are required by the regulatory bases of the grants, in order to ensure the proper exercise of the powers of verification and control. (g) Keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of verification and control actions. (h) Adopt the dissemination measures contained in Article 18.4 of the General Grant Law. (i) Proceed for the reimbursement of the funds received in the cases referred to in Article 37 of the General Grant Law.

4. Beneficiaries may subcontract the subsidised activities, subject to the following determinations:

(a) For the purposes of this order, it is understood that a beneficiary subcontracts when it is aware of the total or partial execution of the activity which constitutes the subject of the subsidy with third parties. It is outside this concept that the costs incurred by the beneficiary for the achievement of the subsidised activity itself must be contracted.

(b) The beneficiary may subcontract the necessary percentage, up to 100% of the amount of the activity, for the correct execution of the project supported. (c) Where the concerted activity with third parties exceeds 20% of the amount of the subsidy and the amount exceeds EUR 60 000, subcontracting shall be subject to the following requirements:

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

ii) the contract is concluded in writing and (iii) which is authorized in the decision granting the grant by the authority to conclude the contract.

(d) Contractors shall be obliged only to the beneficiary, who shall bear the full responsibility for the implementation of the subsidised activity vis-à-vis the Administration. The beneficiaries shall be responsible for ensuring that, in the implementation of the concerted subsidised activity with third parties, the limits relating to the nature and amount of eligible expenditure are respected, and the contractors shall be subject to the duty of collaboration provided for in Article 46 of the General Law on Grants, to enable the proper verification of compliance with these limits.

e) In no case may the beneficiary be concerned with the full or partial implementation of the activities supported by:

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

(ii) Persons or entities that have received other grants for the performance of the activity subject to procurement. (iii) Intermediaries or advisers in which payments are defined as a percentage of the total cost of the transaction, unless such payment is justified by reference to the market value of the work performed or the services provided. (iv) Persons or entities linked to the beneficiary, unless the following circumstances are met:

1. That the procurement is carried out in accordance with normal market conditions;

2. To report on the application of this circumstance and to justify its need and 3. To obtain in the decision granting the authorization of the granting organ.

v) Persons or entities applying for aid or grant on the same call and programme, who have not been awarded a grant for not meeting the requirements or not achieving sufficient valuation. Third. Requirements, class and amount of grants.

1. The subsidies provided for in this order shall be granted on a competitive basis.

2. Its amount is fixed at 100% of the eligible investment, without prejudice to the limitations imposed by the European Regulation for the various aids referred to in this order. The amount of each of them shall not be cumulated with any other granted in respect of the same eligible costs, if such cumulation would lead to an aid intensity exceeding that laid down in the Regulation (EC) which is applicable to it or a decision taken by the Commission. This requirement includes de minimis aid and will be applied irrespective of whether the source of funding for the aid is local, regional, national or Community. 3. For the purposes of this order, the concepts of small and medium-sized enterprises shall comply with the definitions in Annex I to Regulation (EC) No 70/2001 drawn up by Regulation (EC) No 364/2004. 4. The objectives, the eligible costs and the selection criteria for each project according to the type of action to which it relates are set out in Annex I of this order. 5. The projects covered by this order, in accordance with the areas referred to in Annex I, may be eligible under the following conditions:

5.1 Security Investment Projects. (a) where the investment is made in regions or sectors which at the time of the granting of the aid do not qualify for regional aid, in accordance with Article 87 (3) (a) or (c) of the Treaty on the European Union, European Community (hereinafter referred to as TEC), the gross aid intensity shall not exceed: (i) 15% in the case of small enterprises;

(ii) 7.5 percent in the case of medium-sized enterprises.

In accordance with the limits, exclusions and conditions laid down by 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, as amended by Commission Regulations (EC) No 364/2004, No 1857/2006 and No 1976/2006.

(b) Where the investment is made in regions and sectors which at the time of the granting of the aid meet the conditions for regional aid, the aid shall be in accordance with Regulation (EC) No 1628/2006. by the Commission of 24 October 2006 on the application of Articles 87 and 88 of the EC Treaty to regional investment aid. Such aid may be granted only where the aid has been submitted by the beneficiary and the competent authority has confirmed, in writing or by authorised telematic means, before the start of the work, which, pending a more detailed verification, the project complies in principle with the eligibility conditions laid down in the aid scheme. If the work of the project starts before the conditions laid down in this paragraph have been met, the whole project shall not be eligible for assistance. Projects which have incurred expenditure before the date of publication of this order may not be eligible for aid either. As a result, in this case the aid intensity will not exceed the regional investment aid ceiling set out in the Spanish regional aid map 2007-2013 approved by the Commission. This limit may be increased, except where the eligible costs of the project exceed EUR 50 million, in:

i) 20 percentage points gross, if this is a small business; or

(ii) 10 gross percentage points, in the case of a medium-sized enterprise.

5.2 Training actuations.

5.2.1 General training actuations. (a) up to 100% of the cost of the courses given by the institutions referred to in paragraph (c) of the second paragraph of this order.

b) Up to 50 percent for large enterprises and 70 percent for small and medium-sized enterprises. These intensities shall be increased by 5 percentage points for undertakings located in regions eligible for regional aid under Article 87 (3) (c) of the EC Treaty and in 10 points. percentage of undertakings located in regions which qualify for regional aid under Article 87 (3) (a) of the TEC.

5.2.2 Specific training actuations.

(a) Up to 100 per cent of the cost of the courses given by the institutions referred to in paragraph (c) of the second paragraph of this order.

b) Up to 50 percent for large enterprises and 70 percent for small and medium-sized enterprises. These intensities shall be increased by 5 percentage points for undertakings located in regions eligible for regional aid, in accordance with Article 87 (3) (c) of the EC Treaty, and in 10 percentage points for undertakings located in regions which qualify for regional aid, in accordance with Article 87 (3) (a) of the TEC.

5.2.3 In cases where the aid project consists of general and specific training components which cannot be dislocated for the purpose of calculating the aid intensity and in cases where it cannot be determined the specific or general character of the training aid project, the intensities applicable to the specific training shall apply, in accordance with the provisions of paragraph 5.2.2.

This aid, other than those specified in paragraph 5.2.1 (a) above, shall be subject to the limits, exclusions and conditions laid down by Commission Regulation (EC) No 68/2001 of 12 January 2001, on the application of Articles 87 and 88 of the EC Treaty to State aid for training as amended by Commission Regulations (EC) No 363/2004 and No 1976/2006.

5.3 Actions addressed to the area of human factors.

(a) Up to 100 per cent of the cost of the project for actions carried out by institutions referred to in paragraph (c) of second paragraph (1) of this order.

(b) Up to a total of EUR 200,000 per beneficiary, during three fiscal years, for actions carried out by private companies and non-profit institutions not covered by subparagraph (a) above. Cumulation with other de minimis aid obtained by the beneficiary may not exceed this ceiling.

The aid in paragraph (b) shall be subject to the limits, exclusions and conditions laid down by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty on de minimis aid.

5.4 Mining safety research and development.-Aid for this type of project will be subject to the limits, exclusions and conditions laid down by 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, as amended by Commission Regulations (EC) No 364/2004, No 1857/2006 and No 1976/2006. Consequently, the subsidised project must fully correspond to one or more research and development phases as defined in Commission Regulation (EC) No 70/2001. The gross aid intensity, calculated on the basis of the eligible costs of the project, shall not exceed:

i) 100 percent for fundamental research;

(ii) 60 percent for industrial research; and (iii) 35 percent for precompetitive development.

If a project covers several stages of research and development, the aid intensity allowed shall be established on the basis of the weighted average of the allowable aid intensities for each of those phases, calculated on the basis of the eligible costs in question.

In the case of collaborative projects, the maximum amount of aid to be received by each beneficiary shall not be higher than the aid intensity calculated for each beneficiary according to its eligible expenditure. These limits may be increased to a maximum gross aid intensity of 75% for industrial research and 50% for pre-competitive development on the basis of the following criteria:

(a) Where the project is carried out in a region which, at the time of granting the aid, is eligible for regional aid, the maximum aid intensity may be increased by 10 gross percentage points in the regions. (a) Article 87 (3) (a) of the TEC, and 5 gross percentage points in the regions covered by Article 87 (3) (c) of the TEC.

(b) The maximum aid intensity may be increased by 10 percentage points in gross if one of the following conditions is met:

i) That the project involves effective cooperation between a company and a public research body, particularly in the context of the coordination of national R & D policies, provided that the public body of research support at least 10% of the eligible costs of the project and have the right to publish the results to the extent that they come from the research carried out by that body; or

ii) That the results of the project be widely disseminated in technical and scientific conferences or published in scientific journals and professional techniques.

For the purposes of point (i), subcontracting shall not be considered as effective cooperation.

6. Both the grant and the amounts of the grants will be subject to the availability of the corresponding credit in the State's General Budget, which is approved annually, and cannot be cumulated with other types of grants. 7. The maximum total amount of the grants called shall be indicated in the respective calls, as well as the additional amount which may be increased without the need for a new call, provided that the conditions laid down in Article 58 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July 8. The calls may provide that, where the sum of the amounts requested by those who meet the requirements for access to the aid is higher than the amount covered by the call, that amount shall be apportioned among the amounts beneficiaries in proportion to the budgets of their projects, provided that the conditions, purpose and purpose of the grant are not altered and unless the resulting individual amount is insufficient for the effectiveness of the aid or not it is accepted by the majority of the beneficiaries, in which case the pro-rata shall not be applied. 9. The budgetary appropriations to which the aid is to be allocated shall be those laid down in its corresponding call. Prior to the call, the file for authorization of expenditure shall be processed as provided for in Article 34.1 of Law 38/2003 of 17 November, General of Grants.

CHAPTER II

Grant procedure for the aids

Fourth. Applications.

1. The interested parties shall submit their application and documentation to the Secretary-General for Energy, in the General Register of the Ministry of Industry, Tourism and Trade (Paseo de la Castellana, number 162, 28071 Madrid), or in any of the forms provided for in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The interested parties will also be able to submit the application for aid, questionnaire and memory to the telematic register of the Ministry of Industry, Tourism and Commerce, by electronic signature. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid. The submission of the application with electronic signature shall allow access, with the same certificate, to the telematic register of the Ministry of Industry, Tourism and Trade, where the documents presented and the state of processing may be consulted. of the dossier. All this will entail the acceptance to receive all communications and notifications that are made throughout the processing of the electronic file through the telematic registration, in accordance with the provisions of the Order ITC/3928/2004 of 12 November, establishing a telematic register in the Ministry of Industry, Tourism and Trade. In addition to the publication of communications and notifications through the telematic register, an additional system of alerts will be made available via e-mail, SMS messages, or fax. Likewise and in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services, the telematic presentation will be possible for the different procedures of the procedure. 2. The application shall conform to the model in Annex II to this order and shall be accompanied by the following documentation:

(a) Photocopy of the tax identification number, individual business card or legal persons and entities in general, established in accordance with the provisions of Royal Decree 1065/2007 of 27 July 2007, approves the General Rules of Procedure and the procedures for the management and inspection of taxes and the development of the common rules for the procedures for the application of taxes.

(b) Where the application is not signed by the person concerned, the signatory who, in the case of private mining undertakings, if it contains a permanent delegation of powers, must be registered in the Register, as well as the articles of incorporation or amendment, where applicable, of the company registered in the Trade Register in the case of legal persons, or the National Identity Document of the individual employer. c) Certificate of being aware of their tax obligations and social security. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the authorization of the applicant for the grant of direct access to the accreditation of the fulfilment of tax obligations and to the Social Security through telematic certificates. However, the applicant may expressly refuse consent, and must provide such certification when required by the Administration. (d) the company's members and the full audit report on the annual financial statements of the last two years immediately preceding, except in the case where the applicant is a non-profit institution, without prejudice to the these documents were requested for further clarification. (e) the projects covered by the aid, as set out in Annex III. Investment projects must be developed according to the index of the project's memory. (f) Training projects should include information on the development of the programme of the course, or courses, to be provided, with an indication of the subjects, dates, times and number of estimated persons to attend, as well as the cost per person which receives the impartition formation and time. (g) Human factor projects shall include detailed information on the proposed action and the number of persons in the mining collective to which it is directed, as well as the unit cost per person making up the project. (h) a declaration of grants relating to the same project granted by, or requested from, the European Union or any other national or international government or public authorities. In particular, and where appropriate, any other de minimis aid received by the applicant during the previous two fiscal years, as well as during the current fiscal year, should be declared. (i) Where the aid does not cover 100 per cent of the cost of the action, the application shall state how the total cost of the action shall be financed. (j) The application shall include a responsible declaration to the Director-General for Energy Policy and Mines not to be prohibited in order to obtain the status of a beneficiary.

3. If any of the documents referred to in paragraphs (a) and (b) of subparagraph 2 of this paragraph have been filed by the petitioner before the Administration acting during the preceding five years, it shall be sufficient to make such a statement circumstance pointing to the date and the administrative body before which it was presented.

In the cases of material impossibility of obtaining the said documents, duly justified in the file, the competent body may require the applicant to submit it or, failing that, the accreditation of the other (a) means of the requirements referred to in the documents, prior to the formulation of the motion for a resolution. Fifth. Time limit for the submission of applications. The time limit for the submission of applications and documents annexed shall be one month, which shall be counted from the day following the publication of the annual call. In the case of aid established in accordance with Regulation (EC) No 70/2001, the aid shall not be granted to eligible projects whose work has begun before the submission of the relevant application. As regards the aid provided for in accordance with Regulation (EC) No 1628/2006, the provisions of paragraph (b) of paragraph 3 (b) of this order shall apply. Sixth. Bodies responsible for the organisation, instruction and resolution of the aid procedure.

1. The authority responsible for calling and issuing the decision granting the aid referred to in this order shall be the Minister for Industry, Tourism and Trade, without prejudice to the delegations existing in this field.

2. The management of the concession procedure shall be the responsibility of the Directorate-General for Energy Policy and Mines, as well as the Directorate-General for Competition, which shall be competitive. The latter shall be carried out through the General Subdirectorate of Mines, which shall examine the applications and documents annexed to it and shall make the request for all the reports it deems necessary to resolve, requiring the person concerned to, where appropriate, the absence or accompanying of the required documents shall be remedied within 10 days, with the indication that if he does not do so, he shall be given the withdrawal of his request.

Seventh. Assessment of applications.

1. The General Secretariat of Mines shall forward, together with the rest of the dossier and its own report, the applications to the Commission for the Technical Assessment of Subventions, which shall resolve in a single procedure by comparison between the applications, in accordance with the procedure for granting a competitive competition established in Chapter II of Title I of Law 38/2003 of 17 November, General of Grants.

2. The General Secretariat of Mines, in the light of the dossier and of the report of the Commission for the Technical Assessment of Grants, will make a proposal for a resolution, which will be notified to the interested parties.

Eighth. Commission for the Technical Assessment of Grants.

1. The Commission for the Technical Assessment of Grants will be chaired by the Director General of Energy Policy and Mines. He will be vice president of the Subdirector General of Minas. A representative of the Cabinet of the Minister, a representative of the Technical Cabinet of the Secretary General of Energy, a representative of the Technical General Secretariat, a representative of the Institute for the Restructuring of Mining and Alternative Development of the Mining Comarcas, the Vice President and the Secretary of the Minera Security Commission and an official of the Directorate General for Energy Policy and Mines, who will act as the secretary of the Commission with a voice but without a vote.

2. The legal system of the Commission is set out in Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Ninth. Criteria for the assessment of grants. The fundamental criterion for the assessment of grants will be the degree of adequacy of the projects to the subject of the grant.

The assessment of the projects will also be carried out in accordance with the general and priority criteria specified in Annex I for each of the aid lines. Tenth. Proceedings for hearing. The General Secretariat of Mines shall notify the parties concerned of the motion for a resolution, so that within 10 working days it shall accept the conditions imposed or, where appropriate, make representations. In the absence of a reply, the beneficiary of the grant shall be deemed to have waived it. Eleventh. Resolution.

1. Substantial the processing of the hearing referred to in the previous paragraph, and prior to the processing of the authorization of the expenditure file, the corresponding resolution of the grant of the grant by the Minister of Industry shall be issued, Tourism and Trade, without prejudice to the delegations on the subject and in accordance with the current regulations. The resolution shall be reasoned, and the basis of the resolution adopted shall be accredited in the proceedings.

2. The "de minimis" grant decision shall indicate the "de minimis" character of the aid, by reference to the fact that they are granted in accordance with Regulation (EC) No 1998/2006 of the European Commission, which shall be given its full title and with the details of its publication in the Official Journal of the European Union, and that a new de minimis aid granted to the same undertaking may not make the total amount of aid of such a character to be received by the institution for any period of three years. fiscal years, be higher than the corresponding limit of those laid down in Article 2 of the Regulation (EC) No 1998/2006. The granting of aid with a multiannual distribution shall be conditional, for the subsequent years to which the decision is made, on the existence of the corresponding budgetary appropriations. 3. The grant decision shall include the applicant or the relationship of the applicants to whom the grant is granted, the amount and breakdown of the eligible investment, the amount of the grant awarded, and the obligation by the recipients of grants, under the expenditure budget of the Ministry of Industry, Tourism and Trade, to express that circumstance in its references to the projects or actions and the achievements made. 4. The decision to grant the grant may lay down technical and economic conditions of compulsory observance for the implementation of the project or eligible action, as well as the requirement for the presentation of an audit of the results obtained. or any other information deemed necessary. 5. The decision granting the grant shall be notified to the applicant with an indication of the time limits for the implementation of the project which is intended to be subsidized in accordance with the provisions of Articles 58 and 59 of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure. The Mining Safety Commission will be informed of all resolutions and their content. 6. The "Official State Gazette" shall publish the list of aid granted, expressing the programme, budget concept, holder and purpose of the aid. 7. Transactional six months from the date of publication of the call, without any resolution, the application shall be deemed to be dismissed.

12th. [passage] The resolution that will be handed down to the administrative route and against it can be brought before the Court of the Administrative-Administrative Office of the National Court, in accordance with Article 11 (1) of Law 29/1998, of 13 In July, it is the regulator of the Administrative-Administrative Jurisdiction, and Article 66 of the Organic Law 6/1985, of July 1, of the Judicial Branch, in the wording given by the Organic Law 6/1998, of July 13, within two months to count from the day following the date of its notification, in accordance with the provisions of Article 46.1 of that Law 29/1998 of 13 July. Likewise, the decision granting the grant may be appealed against within one month from the day following that in which the notification is made to the same body which has issued it, in accordance with the provisions of the Articles The Court held that 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 Court of Justice held that the Court of Justice did not have the right to appeal. conformity with the provisions of the same law.

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

CHAPTER III

Aid management procedure

13th. Amendment of the resolutions.-The actions supported must be implemented in the time established in the decision to grant. However, only for the actions of Investments and Research and Development, when circumstances or causes of force majeure arise which alter the technical or economic conditions taken into account for the granting of the aid, in aspects such as the amount of the project, the amount of its concepts, or the time-limits for its implementation, the beneficiary may request the amendment of the grant decision. Any changes to the project will require cumulatively:

(a) that the change does not affect the objectives pursued with the aid, its fundamental aspects, the determination of the beneficiary, or damage third-party rights.

b) That the change is requested before the end of the project execution period and is expressly accepted.

14th. Payment of the grants.

1. The payment of the grants under this order shall be requested by the beneficiary in writing to the Directorate-General for Energy Policy and Mines. It shall inform the completion of the project within the time period determined for its completion. This document shall accompany the supporting documents that the activity covered by the grant has actually been carried out under the conditions imposed by the decision, including the supporting documents. Payment of the aid may not be made until full justification for the total investment and expenditure. Aid payments will also be withheld from beneficiaries who have had to repay other aid which would have been declared illegal or incompatible by the European Commission.

2. The Directorate-General for Energy Policy and Mines will verify compliance with the supported action, and will verify that the amount of the subsidy has been applied to the specific purpose for which it was granted. As regards the payment on account, in the case of the last payment, the actions mentioned above shall be carried out by the Directorate-General for Energy Policy and Mines. 3. Once the corresponding technical-economic verification has been carried out, it will be extended the verification of the realization of the project, that will sign a representative of the Directorate General of Energy Policy and Mines and another one of the company or entity beneficiary. 4. Signed the record of verification of the implementation of the project, the beneficiary must provide the documents proving to be found in the fulfilment of its tax obligations and in front of the Social Security, in the terms Article 22 to 24 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

15th. Advance payment of the grants. -Provided that the aid exceeds the amount of EUR 20,000.00, the beneficiary will be obliged to benefit from the advance payment method, whereby the aid granted may be paid before the project or action, unless the beneficiary in the acceptance of the proposal for a decision to grant the aid, makes it impossible to make use of the scheme. If the aid does not exceed this amount, it shall be made at the request of the person concerned. In order to make the advance payment, the beneficiary must provide proof of the lodging of a guarantee in the Deposit Box in any of the procedures laid down in the rules of the said box and with the requirements laid down for them, by the the amount of the aid granted and anticipated and interest on late payment, from the time of the advance payment to the date of completion of the project. The provisions of Article 38.2 of Law 38/2003 of 17 November, General of Grants, shall be deemed to be in the interest of delay.

The warranty will be released when the accreditation takes place that the source activity of the help has been performed. The application to make use of the above paragraphs may be made at the time of accepting the proposal for a resolution of the aid, in accordance with the procedure laid down in paragraph 10. Sixteenth. Justification. The beneficiary of the grant, before 15 December of the relevant financial year, shall justify the fulfilment of the purpose for which the grant has been granted, by submitting the supporting documentation of the appropriate action to ensure the proper implementation of the supported action. For beneficiaries eligible for the advance payment method, this period extends until 31 March of the year following the completion of the project. In addition, it will be obliged to provide the checks aimed at ensuring the correct implementation of the subsidised action. It shall also be subject to the financial control activities corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors. The justification for the investments shall be made by way of the simplified supporting account, where the investment does not exceed EUR 25 000. Where the investment exceeds this amount, that of the supporting account with the contribution of an auditor's report, the beneficiary may appoint a different auditor to the audit of his/her annual accounts in the event that he/she is obliged to do so. All of this according to the provisions of Articles 75 and 74 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. The justification for the work or part of the work, if carried out by the undertaking itself, in the case of investments, shall be made by certification of the optional director of the mining operation, who shall record the activity in question, the the degree of implementation and the unit and total labour costs and materials used. If the work is done by hiring, the corresponding invoices, payment documents (heel, pay, letter, etc.), and bank seat will be attached. In the case of training courses or human factors, the person responsible for the prevention services or in his/her defect shall certify, indicating the hours/man employed and costs incurred by assistance. Seventeenth. Default.

1. The aid shall be revoked, as well as the reimbursement of the amounts received and the requirement of interest for late payment from the time of payment of the aid, in the cases and in the terms laid down in Article 37 of the General Law of Grants.

2. They will have the consideration of violations and the conduct that is included in Title IV of Law 38/2003, of 17 November, General of Grants 3, will be punishable. As regards the graduation criteria for possible breaches of the conditions under the grant of grants, pursuant to Article 17 (3) (n) of the Law 38/2003, of 17 November, General of Grants, the following:

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

(b) The partial non-performance of the purposes for which the application was made, the realisation of the financial investment or the obligation of justification, shall result in the partial reduction or drawback of the aid allocated, in the percentage corresponding to the investment not made or not justified. (c) Pursuant to Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, after the established time of justification without having been presented the beneficiary is required to be submitted within the term of 15 days. Failure to submit the justification within the time limit laid down in this paragraph shall entail the requirement for reimbursement and other responsibilities laid down in the General Grant Act. The submission of the justification within the additional time limit set out in this paragraph shall not exempt the beneficiary from the corresponding penalties under the General Grant Act. (d) The implementation of unauthorised modifications in the financial budget shall entail the return of the amounts diverted.

These criteria, which correspond to the principle of proportionality, will be applied in order to determine the amount to be reintegrated into the beneficiary. In general, it will be understood that the objectives of the project have not been met if the percentage of expenditure is less than 75% of the eligible investment, in which case the full refund of the amounts received will be carried out.

Eighteenth. Collaborating entities. -For the management of the projects, it will be possible to have collaborating entities that will deliver and distribute the public funds to the beneficiaries. The collaborating entities shall carry out the functions provided for in Article 15 of Law 38/2003 of 17 November, General of Grants

Final disposition first. General rules.

The grants referred to in this order, in addition to what is provided for in this order, shall be governed by the provisions of Law 38/2003 of 17 November, General of Grants, and their Regulations, approved by Royal Decree 887/2006, Council Regulation (EEC) No 2052/88 of 21 July 1992 on the Law No 30/92 of 26 November 1992 on the legal system of public administrations and the common administrative procedure in Law 47/2003 of 26 November 2003, General Budget, Community legislation to which they are subject to such aid and other applicable rules.

Final disposition second. Entry into force.

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

Madrid, 13 March 2008. -Minister for Industry, Tourism and Trade, Joan Clos i Matheu.

ANNEX I Concrete actuations that can be awarded within each specific area

1. Investment projects in security.

1.1 Objective. -They will be able to obtain grants for business projects whose main objective is to improve the safety and health of workers in the activity. Investments will have to be aimed exclusively at improving the health and safety conditions of mining, either by exceeding the minimum requirements laid down in the legislation or by establishing measures not covered by it.

1.2 They will be eligible. -They will be able to subsidise the costs related to the acquisition of technology, equipment and machinery, instrumentation and civil work necessary to achieve the objective set out in the previous section. 1.3 Criteria for project selection and scale. -The criteria for project selection will be as follows:

(a) The seriousness of the risks to be corrected with the projected actions, in the light of the safety and health documents of the requesting entities: 1 to 5 points.

(b) Effectiveness in risk protection, in the case of measures for the improvement of occupational health, measured in percentage terms of improvements foreseen in the existing indices of the harmful agent or indicator Regulation: From 1 to 3 points. c) The number of people who will benefit from the performance: 1 to 2 points.

2. Actions of mining training.

2.1 Objectives. -They will be able to obtain grants for training projects whose main objective is to ensure that workers are fully aware of the general risks of the company, the private of the place of job and job role, by means of appropriate technical training aimed at risk prevention, as well as the responsibilities in which they may incur the performance of the tasks of their job and of your colleagues.

2.2 Eligible items.-The following costs shall be eligible under a training aid project:

a) Costs of teaching staff.

(b) Expenditure on the posting of teachers and the beneficiaries of training. (c) Other current expenditure such as materials, supplies, audit, etc. (d) the depreciation of instruments and equipment in proportion to their exclusive use for the training project concerned. (e) Service costs of counselling in relation to the training action.

The maximum allowable cost/time for this type of action shall be set at each annual call, either on the market or taking as a reference those costs that have been published in similar rules, either in scope national or regional.

The eligible costs must be accompanied by documentary evidence, which shall be transparent and detailed. 2.3 Project and scale selection criteria. -The following project selection criteria will apply:

To establish the competitive concurrency regime for this type of project, preference will be given in the assessment to projects in which the training is provided by an entity or entities outside the companies to which are the recipients of the training.

Projects should aim to improve occupational safety and health, the prevention of occupational risks and the creation of a sustainable culture, including the interaction between profitability and protection. environmental risk prevention, which is why the following shall be considered in particular:

(a) Education, training, prevention and control of risks that apply to (base and command) workers, their families or members of the community.

b) Those who develop skills of workers and managers oriented towards the implementation of principles of shared responsibility and mutual assistance in the prevention of risks. c) Those that foster interaction between workers and controls and that generate the implementation of principles of exemplarity, integration and teamwork. (d) training actions directed to direct or intermediate controls aimed at facilitating the communication, training and information of the basic personnel.

It will take into account the fact that the courses are part of the development of a security program of three or more years, aimed at all categories of workers.

With regard to who receives the training, preference will be given to the training of underground mining workers with regard to the training of workers in open-pit mining (including in the latter facilities). of underground mines). As a general rule, among projects of similar content, preference will be given to those who propose to extend training to a greater number of workers in relation to the economic resources used, provided that such number can be This is the case at the moment of requesting the aid. Training courses will have a higher assessment of other actions such as manuals, posters, publications, etc. In the case of distance training, an access plan must be submitted to the training and identification of users, so that the number of actual users receiving the training can be estimated and monitored. As regards the places in which practical training is provided, more will be done in the same workplace, in the workplace, in the workplace or in the near future. So the following scale is set:

a) Teacher, qualification, training and experience: 1 to 2 points.

b) Material means used, place of distribution and optimization of resources (cost/hour): 1 to 2 points. c) For the criteria of underground mining and/or integration in multi-annual safety programmes: 1 to 2 points. (d) to carry out research and practice projects on awareness, changes in the attitudes and behaviour of workers in the framework of prevention and safety at work. New methods developed for the delivery of training or prevention campaigns: 1 to 4 points.

These aspects should be documented at the time of the application.

3. Actions directed to the area of human factors.

3.1 Objectives. -They will be able to obtain grants, projects aimed at carrying out specific campaigns to warn of the dangers of harmful and unhealthy customs and habits, and of the prohibition of practice during the working hours and the hours immediately before the beginning of the shift, as well as those aimed at eradicating the consumption of drugs and alcohol in the mining collective and its immediate environment (social, family, etc.).

3.2. Eligible items-The following costs may be subsidised:

a) Staff costs that develop the performance by running the project.

b) Expenditure on the displacement of the project staff and the workers who are beneficiaries of the action. (c) Other current expenditure such as materials, supplies, audit, etc. (d) Depreciation of instruments and equipment in proportion to their exclusive use for the project concerned. (e) Service costs of advice in relation to the performance.

The maximum allowable cost/time for this type of action will be set at each annual call, equal to or approximately to be established for the training.

3.3 Project selection criteria and scale. -To establish the competitive concurrency regime for this type of project and for similarity, the criteria for the training projects will be taken into account.

4. Research and development in mining safety.

4.1 Objectives. -For the purpose of obtaining the aid, the following types or phases of research will be considered: a) "Fundamental research": Activity aimed at expanding scientific and technical knowledge not linked to industrial or commercial objectives.

b) "Industrial research": Planned research or critical studies aimed at acquiring new knowledge that may be useful for the creation of new products, processes or services; or to significantly improve existing products, processes or services. (c) "precompetitive development" means the materialization of the results of the investigation in a plan, scheme or design for new, modified or improved products, processes or services, intended for sale or use, including the creation of a first non-marketable prototype. It may also cover the conceptual formulation and design of other products, processes or services, as well as initial demonstration projects or pilot projects, provided such projects cannot be converted or used for applications. industrial or commercial exploitation. It 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 may represent improvements.

4.2 Eligible shall be eligible. The following costs shall be considered eligible for the following:

(a) Personnel costs (researchers, technicians and other auxiliary staff to the extent that they are dedicated to the research project);

(b) The costs of instruments and equipment, in so far as they are used for the research project and for the duration of the research project. If the instrument and the material are not used exclusively for the research project, only depreciation costs corresponding to the duration of the research project, calculated on the basis of the research project, will be considered eligible. good accounting practices; (c) the costs of land and premises, in so far as they are used for the research project and for the duration of the research project. As regards the premises, only depreciation costs corresponding to the duration of the research project, calculated on the basis of good accounting practices, will be considered eligible. As regards land, the costs of commercial transfer or the costs of capital actually incurred shall be eligible; (d) the cost of the advisory services and the like used exclusively for the research activity, including research, technical knowledge and patents acquired or taken from external sources at market prices, provided that the transaction has been carried out under market conditions and there is no element of collusion. These costs will be considered eligible for up to 70 per cent of the total eligible costs of the project; e) additional overhead costs directly arising from the research project. (f) other operating costs, including costs of material, supplies and similar products, directly derived from the research activity.

4.3 Criteria for the selection of projects and scale. -preference will be given to those projects which are more suited to this ministerial order and which encourage the introduction of systems for mining safety and health. It will also be considered if the project follows a multi-annual investigation, its feasibility and the human equipment used, as well as its technical capacity.

Projects will be valued according to the following criteria and corresponding scale:

1. Agreement of the objectives of the project in relation to those of this ministerial order: 1 to 2 points.

2. Innovative character: 1 to 2 points. 3. For being part of a multi-annual project: 1 to 2 points. 4. Technical and economic viability of the project: 1 to 2 points. 5. Capacity and experience of the project manager and the internal team involved in their development, as well as external partners if any: 1 to 2 points.

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