The National Plan for Scientific Research, Development and Technological Innovation, approved by the Council of Ministers of 14 September 2007, is the programming instrument in which the objectives and objectives are set priorities of the policy of research, development and innovation in the period 2008-2011. The National Plan falls within the frame of reference represented by the National Strategy for Science and Technology, whose scenario for 2015 presents the following basic principles that should guide all R & D + i actions, and, the actions financed under the National Plan: firstly, to put research, development and innovation activities in the service of citizenship, social welfare and sustainable development, with full and equal incorporation of women; second, to be a factor for improving competitiveness And thirdly, to be an essential element for the generation of new knowledge. The National Plan is structured in four distinct horizontal areas, open to all scientific-technological domains: Area 1. Generation of knowledge and scientific and technological skills. Area 2. Promotion of cooperation in R & D. Area 3. Development and technological innovation sectorial and area 4. Strategic actions. Area 1, relating to "the generation of scientific and technological knowledge and skills", is designed to promote fundamental quality research, to break the trend towards fragmentation of research groups, encourage the participation of researchers with a high level of dedication to each project, support the development of coordinated projects that mobilize efforts in the key lines of knowledge production, promote the specialization of groups that reach the highest level of excellence in their disciplines (Consolider-Ingenio 2010) and, at the same time, encourage inter-and multi-disciplinary research to be able to mobilise complementary knowledge of various fields. This area also aims to reduce the research deficit of Spanish companies (applied research), encouraging development in the same way of sufficient self-knowledge and ending the lack of critical mass of our system of science and technology, both in the public and private systems, and with the scarcity of scientific and technological infrastructures. Area 2, of "Promotion of cooperation in R & D", focuses attention on those instruments and programs, not sectorial or thematically oriented, that ensure the joint public-private participation, which promote the internationalization of the R & D activities of the Spanish entities, which integrate the regional interests in science and technology with those of the General Administration of the State, in the interest of the common interest of the improvement of our system. Area 3, which is related to "sectoral technological development and innovation", is designed to provide industrial sectors with the tools and programmes needed to carry out activities aimed at the application of new knowledge in the production processes, in order to develop new products, processes or services, as well as to modify and improve existing ones. Its ultimate goal is to improve business competitiveness by solving the problems identified in the sectors of interest for the country's socio-economic development. The activities to be financed in this area will support the development of the relevant sectoral policy through the application of technologies that stimulate the innovation process. The sectors included in this area are: 1. Food, agriculture and fisheries, 2. Environment and eco-innovation, 3. Energy, 4. Security and defence, 5. Construction, spatial planning and cultural heritage, 6. Tourism, 7. Aerospace, 8. Transport and infrastructure, 9 Industrial sectors and 10. Pharmacist. Area 4 identifies five strategic actions, which incorporate a comprehensive management of all the instrumental lines of action and programs necessary to ensure the coordination of the activities and the achievement of the established objectives. in the following areas: 1. Health, 2. Biotechnology, 3. Energy and climate change, 4. Telecommunications and information society and 5. Nanoscience and nanotechnology, new materials and new industrial processes. The actions to be financed under this order are given priority within areas 1 and 3, without prejudice to the possibility that the calls may extend their scope to the thematic area of the strategic actions of area 4 in the conditions set out in the second paragraph .2. In order to meet the objectives of the National Plan and according to the four identified areas, the new Plan provides for a set of instruments grouped into six instrumental lines of action (LIA), including the for R & D + i projects. Each Instrumental Line of Action groups together the coherent set of instruments-which are developed through National Programmes-that have the task of responding to the objectives set out in the National Strategy for Science and Technology, and The objectives set out in the National Plan itself. Within the LIA of R & D + i Projects are the National Program of Fundamental Research Projects, the National Program of Applied Research Projects, the National Program of Experimental Development Projects, and the National Innovation Project Programme, whose calls, within the framework of the National Plan for Scientific Research, Development and Technological Innovation, 2008-2011, will be carried out under this order, according to the definitions established for these activities in the new Community framework for State aid research, development and innovation (2006/C 323/01), set out in the fourth paragraph of this order. With regard to the National Programme of Fundamental Research Projects, it should be noted that its objectives are to promote quality research, evidenced both by the internationalisation of the activities and the publication of its results in forums of high scientific and technological impact, as for their contribution to the solution of the social, economic and technological problems of the Spanish society with the corresponding reservation of the rights of the intellectual property. It also aims to break the trend towards fragmentation of research groups, so that they reach the sufficient size and critical mass needed to meet the challenges that the Spanish research has in the context of space. European Research, encouraging the participation of researchers with a high level of dedication to each project. It also seeks to promote multidisciplinary research which is capable of mobilising the complementary knowledge of various scientific fields in order to solve the problems which Spanish and European societies have in the 21st century. It is also intended to support coordinated projects which make it possible to create more powerful scientific cooperation schemes, so as to achieve objectives that could hardly be considered in a more efficient context. restricted. With regard to the National Programme of applied research projects, the objectives of the programme are to promote the acquisition of new knowledge by exploring the possible application of new technologies in the field of research. generation of new products or processes, or to obtain a substantial improvement in existing products, processes or services, including the implementation of pre-competitive projects, the results of which are not directly marketable; and have a high technical risk. The National Program of experimental development projects, for its part, has as main objectives, to promote technological development among the different agents of the Spanish System of Science and Technology (SECYT) to promote the competitiveness of the productive sectors through the improvement of their technological capacity, while addressing issues of socio-economic and environmental interest, and promoting cooperation among the various elements of the system. As regards the National Programme for Innovation Projects, it should be noted that its objectives, which are to promote the achievement of innovation and technology transfer projects by enterprises, which involve incorporation and active adaptation of emerging technologies, as well as the processes of adaptation and improvement of technologies to new markets, include those of the current Programme of support for innovation of small and medium-sized enterprises (Innoenterprise), regulated by the Royal Decree 1579/2006 of 22 December 2006 establishing the system of aid and the system of Management of the Innovation Support Programme for small and medium-sized enterprises (2007-2013). For this reason, the calls to be made from 2008 under the aforementioned royal decree and from the Order ITC/633/2007 of 14 March establishing the regulatory bases for the centralised management system of aid for projects of a supra-regional character in the innovation support programme for small and medium-sized enterprises (INNOI) 2007-2013, will be included in the framework of the National Programme for Innovation Projects. The present order is structured in two chapters: the first sets out the general provisions relating to the types of projects, the characteristics of the aid, the maximum intensities and the beneficiaries, among other aspects. In the second, the procedure for the management of the aid in which the forecasts, guarantees and controls established by the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree, are incorporated 887/2006, dated July 21. This aid may be co-financed by the Community funds allocated in the Operational Programmes for the 2007-2013 programming of the Structural Funds. The main priority of these programmes is the actions aimed at structuring the Science-Technology-Enterprise system, both in Spain as a whole and at regional level. In accordance with the provisions of Article 17.1 of Law 38/2003 of 17 November, General of Grants, the bases approved by this order have been previously informed by the State Attorneys and the Interventions Delegated in the Proposing ministerial departments. Article 17 (1) of the General Law on Subsidies provides that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with their own legal personality dependent on the latter, the corresponding ministers will establish the appropriate regulatory bases for the grant of the grants and the aforementioned bases will be approved by ministerial order. In its virtue, on the proposal of the Minister of Industry, Tourism and Trade and of the Ministries of Education and Science and Environment, I have:

Chapter I

General provisions

First. The purpose of this order is the establishment of the bases, the aid system and the management of the Instrumental Line of R & D + i Projects, within the National Plan for Scientific Research, Development and Innovation. Technological, 2008-2011. Second. Scope of material application.

1. In the case of the National Programme of fundamental research projects, the scope of projects and actions will not be thematic. In the case of aid beneficiaries, the main criteria for applying quality criteria will be the freedom to propose projects and actions for their financing in area 1. All the thematic areas referred to in areas 3 and 4 of the National Plan for Scientific Research, Technological Development and Innovation, 2008-2011, will therefore be addressed.

2. In the case of the National Programmes of applied research projects, experimental development and innovation, the provisions of this order will apply to projects and actions which are carried out as a priority in those sectors of the Area 3 of the sector's development and technological innovation, of the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, that are identified in the corresponding calls. Where appropriate, and provided that the projects and actions of applied research, experimental development and innovation financed under this order are not covered by the orders themselves which approve the bases of the Strategic actions in Area 4 of the National Plan for Scientific Research, Development and Technological Innovation, 2008-2011, may extend the application of the provisions of this order to the thematic area of these strategic actions. 3. Calls for National Programmes under this order may consist of separate sub-programmes, which shall, where appropriate, have their own bodies responsible for the instruction and the resolution of the aid. This is the case in point 14 of this order.

Third. Objectives. The actions related to this order are intended to contribute to the achievement of the objectives of the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011. In this sense, they are pointed out as goals:

a) Putting Spain at the forefront of knowledge.

b) Promoting the scientific and technological culture of society. c) Promote a highly competitive business fabric by promoting the improvement of the technological capacity of the productive sectors. (d) To take the activities of R & D + i to the demands of the productive sector, while addressing issues of socio-economic and environmental interest. (e) Promoting activities aimed at the application, development and adaptation of new technologies in the generation or substantial improvement of products or processes. f) To achieve a favourable environment for R & D & I investment. (g) Promote cooperation between the various elements of the science and technology system.

Fourth. Types of projects and actions to be supported. -Projects and actions likely to be supported must respond to the following types:

(a) Fundamental research projects: experimental or theoretical work, the aim of which is to obtain new scientific or technical fundamental knowledge. These new knowledge must be a step forward in the field in which they are framed.

b) 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 to significantly improve 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. (c) experimental development projects: 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 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 that can be commercially used when the prototype is, by necessity, the final commercial product and its manufacture is too onerous for use. exclusive for demonstration and validation purposes.

Also enter the category of experimental development projects:

i) The experimental production and testing of products, processes and services, as long as they cannot be used or transformed so that they can be used in industrial applications or for commercial purposes.

ii) The application of a new or significantly improved production method, including significant changes in techniques, equipment and/or software.

In case of commercial use after pilot or demonstration projects, any revenue generated by such use should be deducted from the eligible costs.

The experimental development does not include the usual or periodic modifications made to the products, production lines, manufacturing processes, existing services and other ongoing activities, even if the modifications can represent improvements. Neither the minor changes or improvements, the increase in production or service capacities by the introduction of manufacturing or logistics systems very similar to those already used, the abandonment of a single market, are not considered to be included. process, mere substitution or capital increase, changes exclusively derived from changes in the price of factors, personalisation, periodic changes of a seasonal nature or other changes and trade in new products or significantly improved. (d) Studies of technical feasibility: studies prior to applied research or experimental development activities, intended for the analysis of the various factors determining the desirability of carrying out a research project or development. (e) Complementary actions: dissemination activities, aimed at society in general, and in particular the academic and business sectors, the results of scientific research and technological development activities, as well as the instruments of public policies to promote such activities aimed at the process of technology transfer in the Science-Technology-Enterprise system. In this mode they can be funded, among other actions:

i) The organization of congresses, seminars or conferences, in particular those with international participation, as well as concerted actions of a scientific-technical nature, the aim of which is to facilitate the exchange and the transfer of knowledge between the groups of the various actors in the science-technology-enterprise system, so as to encourage cooperation between them to promote the creation of networks of excellence and to optimise the use and coordination of scientific and technological infrastructures, as well as the structure of scientific communities for the European Research Area.

ii) Studies on prospective and technological demand aimed at improving industrial competitiveness through R & D + i, as well as analysis on alternatives and efficiency of public R & D + i policies. (iii) Aid to take care of scientific and technological policy actions of particular urgency or interest, both in the framework of national and international programmes, and any other that, by reason of their thematic or opportunity, contribute to improving the development of the objectives of the National Plan.

Fifth. Projects of special interest. -In the light of the strategic priorities of the ministerial departments which finance the aid covered by this order, the projects and actions defined in the fourth paragraph may be considered to be of particular interest in the assessment process when they meet the following characteristics:

(a) R & D + i projects covered by the strategic actions covered by the material scope of this order, as set out in the second paragraph .2.

b) Tractor projects, understanding as such those projects for experimental development, carried out in cooperation by different types of actors, led by companies with "drag" capacity among the associated sectors in the execution of the project, they present a significant technological novelty, and they integrate activities belonging to different stages of the value chain of the product or service, which comprise the previous analysis and design of the same, its development, the validation on end users by a demonstration pilot action, as well as dissemination actions towards the groups of potential beneficiaries. (c) Projects covered by the traditional sectors (textile-clothing, footwear, tanning and leather goods, toys, wood and furniture). The traditional sectors, mostly made up of small and medium-sized enterprises, have in recent times experienced a constant process of adaptation marked by the liberalization of international markets, the concentration of (a) distribution, relocation of production, or variations in demand, which has had a negative impact on production and employment. Under the current Government's plans for modernisation and boosting the competitiveness of these sectors, measures aimed at increasing the technological capacity of their companies through support for R & D & I are one of the more significant elements. (d) Projects of conformed technology centers, understanding as such those developed by consortia or strategic alliances of technological centers of different autonomous communities in order to improve the effectiveness of the existing resources and achieve the critical mass needed to address the development of new high value added technologies for Spanish industry. e) R & D + i projects carried out in Scientific and Technological Parks, whose basic objective is to promote the generation of technological knowledge in different areas, as well as to promote the transfer of technology from the integration of scientific, technical and technological interests. It is considered for the purpose of this order that a Scientific and Technological Park is made up of several physical enclaves forming a management unit consisting of operational entities in the installed or in the installation paths, and that it is managed, preferably, by a legal person who has a human team and a feasibility and management plan to that effect. This legal person shall be referred to as the "sponsoring entity".

The calls may indicate the funding, if any, for projects and actions of particular interest. Sixth. Beneficiaries.

1. For the purposes of this order, they shall have the status of a beneficiary: (a) Public R & D Centre: Public universities, public research bodies recognised as such by Law 13/1986 of 14 April, for the Promotion and General Coordination of Scientific and Technical Research, R & D centres D + i with legal personality of its own and differentiated or dependent on the General Administration of the State, and R & D + i centres linked or dependent on territorial public administrations, irrespective of their personality as well as public entities with demonstrated capacity and activity in R & D actions D + i, including technology centres whose ownership and management are mainly of the general government.

b) Private research and development centers: private universities, their departments, or private university centers according to the provisions of the Organic Law 6/2001, of 21 December, of Universities. (c) other private research and development (R & D) centres without profit: 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, or to carry out actions as provided for in paragraph 4 (e) of this order. These entities are not considered to be included in the technology centres as defined in the following paragraph, nor the university private institutions of the preceding paragraph. (d) Technological centres: legal person, legally constituted without profit, which is legally intended to contribute to the improvement of the competitiveness of enterprises by promoting applied research; In the case of research and innovation, it is registered as a Centre for Innovation and Technology (CIT) in the register regulated by Royal Decree 2609/1996 of 20 December 1996, whose ownership or governing body is mainly business associations or undertakings, of the same scope of activity as the Centre and which do not belong to the same group (e) Other private non-profit entities: foundations, associations or other non-profit entities which normally carry out activities related to the promotion, the business, the business and the public, and management and intermediation in the field of science, technology, research and innovation. (f) "Company" means an entity, irrespective of its legal form, which carries on an economic activity and which is validly constituted at the time of the submission of the aid application. For the purposes of this order, the company's concept of public and private commercial companies, business public entities and individual entrepreneurs are integrated into the concept of enterprise.

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

Small and medium-sized enterprises (SMEs): In accordance with the provisions of Commission Recommendation 2003 /361/EC of 6 May 2003 on the definition of micro, small and medium-sized enterprises (SMEs), where at present (a) a regulatory framework for the provision of services, including the provision of services, including the provision of services; They employ less than 250 people.

ii. Its annual turnover does not exceed EUR 50 million, or its annual general balance sheet does not exceed EUR 43 million. iii. That the calculation of the staff and limits for the associated enterprises is carried out in accordance with Article 6 (2) and (3) of the Annex to the Recommendation of the European Commission of 6 May 2003.

In the SME category, a small business is defined as a company that occupies less than 50 people and whose annual turnover or annual balance sheet does not exceed EUR 10 million, with the limits of The European Commission's recommendation of 6 May 2003 on the recommendation of the European Commission of 6 May 2003.

In the SME category, a micro-enterprise is defined as a company that occupies less than 10 people and whose annual turnover or annual balance sheet does not exceed EUR 2 million, with the limits of the with the above-mentioned Recommendation of the European Commission of 6 May 2003. The calls for this order may provide for the participation of micro-enterprises to be carried out exclusively in the form of project or technological action in cooperation. (g) 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. These entities governed by public law shall be beneficiaries only for actions covered by paragraph (e) of the fourth subparagraph of the order, except for projects and actions covered by the Environment and eco-innovation sector, for which may be beneficiaries in all cases. h) The following groupings or associations:

i. Temporary Union of Enterprises (UTE).

ii. Economic Interest Grouping (IEA), consisting of companies or companies with other entities. iii. Non-profit sectoral business associations that carry out research and development projects and activities for their sector among their activities. iv. Innovative business groups (AEI), recognised by the Ministry of Industry, Tourism and Trade.

2. In accordance with Article 11.2 of the General Grant Act, where the beneficiary is a legal person, the associated members of the beneficiary may also receive the consideration of the beneficiary who undertakes to carry out part of the activities. which are based on the granting of the aid in the name and on behalf of the aid. Associate members are those among whom there is a relationship or link of a non-contractual legal character, which is found in its statutes, in public deed or in an analogous document of foundation or constitution. The calls shall cover the special requirements and characteristics to be met by such beneficiaries and the relative importance of the action they may take.

3. For the purposes of this order, it is understood by non-profit entities, all the beneficiaries included in sub-paragraph 1 above, except for the undertakings, and within the groupings or associations of undertakings, exclusively the associations legally constituted sectoral enterprises that they can carry out, among their activities, projects and actions of research and development for their sector. 4. Persons or entities in whom some of the circumstances set out in Article 13.2 of Law 38/2003 of 17 November, General of Grants, or those that may be eligible, may not obtain the status of a beneficiary. firms in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty. (2004/C 244/02). 5. The beneficiaries referred to in sub-paragraph 1 (a), (b), (c), (d) and (e) fall within the category 'Research bodies' referred to in point 2.2.d of the Community framework for State aid for research, development and innovation (2006/C 323/01). The main objective of the members of this category should be to carry out fundamental research, industrial research and experimental development and to disseminate the results of these studies by means of teaching, publishing or transfer of technology, with the need to reinvest all the benefits in these activities, the dissemination of their results or the teaching. Also, companies that can influence these entities, for example, as shareholders or members, will not have preferential access to the research capacity of the entity or to the research results it generates. 6. The public or private character of the beneficiaries shall be determined by application of the criteria set out in Chapter I of Title I of Law 47/2003 of 26 November, General Budget, to delimit the State public sector. 7. Calls may provide for restrictions on any of the types of beneficiaries, depending on the aid called. 8. In the case of the National Program of fundamental research projects, to the different actions, provided that the calls are available, companies or other public or private entities, Spanish or foreign, may be linked ( (i) an observer (EPO) who is interested in the results of these results, without the participation of any kind of direct assistance to them under the calls which may be published under this order. In addition, requirements relating to the academic qualification of the researchers of the actions supported may be laid down in the calls, as well as the linking of these researchers to the beneficiary body in which the action. For these purposes, the specialities derived from the regulated possibility should be taken into account in respect of the plurality of beneficiaries.

Seventh. Modalities of participation. -All projects shall be carried out in accordance with one of the following:

(a) Individual project or action: project or action carried out by a single entity, being any of those referred to as beneficiaries in the sixth paragraph. Such projects or actions may, in any case, be subject to subcontracting in accordance with the provisions of paragraph 8 of this order.

b) Project or coordinated action: a project or action that will be made up of two or more subprojects in charge of other research teams, and in which they will be considered as beneficiary entities. The main researchers of each subproject belong to the workforce. The calls for the National Programme of Fundamental Research Projects shall cover the applicability of this possibility and, where appropriate, the requirements and characteristics to be met by this type of action. Such projects or actions may, in any case, be subject to subcontracting in accordance with the provisions of paragraph 8 of this order. In these coordinated projects, one of the principal investigators of the sub-projects will be identified as coordinator. The principal investigator for each subproject shall be responsible for all the effects, except as regards the scientific coordination and monitoring of the project, aspects of which the coordinator shall be responsible. (c) Project or action in cooperation: a project or action in whose development more than one of those referred to as beneficiaries in the sixth paragraph is involved, whether or not they may belong to the same type, and whose relations are formalised document by means of a contract, agreement or agreement establishing the rights and obligations of the various participants. Similarly, such projects or actions may, in any case, be subject to subcontracting, in accordance with the provisions of paragraph 8 of this order. In cooperation projects or actions one of the members shall act as the representative of all participants. The representative shall be the applicant for the aid and the person responsible for carrying out the project or acting before the Administration. To this end, it will channel the relationship with the participants and, if necessary, provide the supporting documentation for the implementation of the project or action. Payment of the aid granted shall be made to the representative, who shall be responsible for the transfer to each participant of the funds corresponding to him. 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 cooperation may not be dissolved until the periods of limitation provided for in Article 39 and 65 of Law 38/2003 of 17 November, General of Grants, have elapsed. d) Project or performance by entities located in Scientific and Technological Parks. In this way, the applicants for the aid that is called under this order will submit the applications through the Park Promoter Entity in a single form. Likewise, all the documentation required by the instructor in any of the phases of the procedure will be presented through the aforementioned Promoter Entity. The calls shall set out the application models to be submitted by those entities. These entities, in accordance with the provisions of paragraph 13, shall act in the delivery and distribution of the funds with the established scope, in respect of the collaborating entities, in Article 12 of Law 38/2003 of 17 November, General of Grants and will be designated in the decisions granting the aid as entities charged to receive and distribute the funds among the beneficiaries.

Eighth. Subcontracting.

1. It is understood that a beneficiary subcontracts when it is aware of the total or partial implementation of the activity which constitutes the 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.

2. Where part of the implementation of a project is subcontracted, the cost of subcontracting may not exceed 50% of the total cost of the project or action with the exception of projects or actions carried out by entities. In the case of non-profit-making and complementary actions, which are of general interest in the evaluation committee, cases where subcontracting may reach 95%, unless a lower percentage is indicated in the calls. 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. 4. 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. 5. Subcontracting may not be performed with persons or entities in which some of the circumstances specified in Article 29.7 of Law 38/2003 of 17 November, General of Subventions. 6. Subcontracting may not be considered as a collaboration for the purposes of the intensities and premiums of paragraph 11.

Ninth. Modalities of aid for the financing of projects and actions.

1. Aid for the financing of projects may be granted in accordance with the limitations set out in paragraphs 10 and 11 of this order and in accordance with the following: (a) Grants.

b) Loans.

2. Calls may provide for the possibility of granting repayable advances from the European Regional Development Fund (ERDF), which shall not be amortised by the beneficiaries, but reimbursed from the ERDF, and may be established in the calls for their possibility of granting in the following modalities:

(a) Repayable advance from the ERDF, and simultaneous grant to complete the corresponding funding total. This type of aid may be granted only to public R & D + I centres participating in the implementation of a project, in which, where the call so establishes, at least one SME may be required to intervene.

(b) Repayable advance from the previous ERDF, and subsequent grant for the total or partial depreciation of such repayable advance. The final grant of the grant and its payment shall be conditional upon the fulfilment of the obligations for the implementation and the justification of the repayable advance and on its positive assessment to be determined in the calls.

3. The aid received by the beneficiaries may take one or more of the forms listed in the preceding paragraphs, depending on the characteristics of each project or action, the level of risk inherent in them and, on occasion, the the role of the person receiving the aid, without the limits set by the Community framework for State aid for research and development and innovation (2006/C 323/01) being exceeded.

4. Since the aid in the form of a loan is a monetary theoretical equivalent in terms of the grant, the evaluation committee provided for in the 18th paragraph may propose the granting of a loan, instead of the subsidy which is requested by the person concerned, in the case of calls to include both types of aid. The person concerned must, in turn, indicate whether, if the grant is refused, a loan is requested or not on the understanding that the refusal entitles the Commission not to propose any aid.

10th. Characteristics of the loans. -The characteristics of the aid in the form of loans will be as follows:

(a) Maximum amount of the loan: the calls shall determine the maximum allowable percentage of the cost of the projects, in compliance with the aid intensity limits set out in paragraph 11, to meet these limits the amount of the loan is calculated in terms of gross grant equivalent.

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) If financial guarantees are required in the calls derived from this order, the prior contribution by the beneficiary of the corresponding guarantees to the General Deposit Box will be required, as Regulation (EU) No 127/2014 (2).

11th. Financing of projects and actions: Aid intensity.

1. Grants and loans from which the projects may benefit will be financed from the budgetary applications to be determined in the corresponding calls.

2. 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 five years for projects of fundamental research, and three years for applied research, experimental development and innovation projects, in accordance with the characteristics of the projects, and provided that the requirements laid down in Article 47 of Law 47/2003 of 26 November, General Budget. 3. The value of the updated aid, the calculation of which is carried out in accordance with Annex 1 to the Guidelines on State aid for regional purposes (OJ C 74, 10/03/1974), is understood by gross aid intensity. 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 to grant for R & D + i projects requested by the undertakings, without prejudice to the provisions of paragraph 7 of this paragraph, shall be as follows:

		SMB		Large
						class= " ">
Research	100%	100%	100%
Applied Research	70%	60%	50%
Research: Collaboration between companies; in the case of large companies, cross-border or with at least one SME, or Collaboration with a research body, or Dissemination of results	80%	75%	65%
Experimental development	45%	35%	25%
Development: Collaboration between companies; in case of large companies, cross-border or with at least one SME, or Collaboration with an investigative body	60%	50%	40%
research activities preparatory technical feasibility studies	75%	75%	65%
feasibility studies of preparatory development activities	50%	50%	40%
Complementary Actions	50%	50%	50%
Complementary Actions: Nonprofit Entities		75%
Complementary Actions: Non-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. 5. Collaboration increments 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:

5.1 In the case of collaboration between (at least two) independent companies, the project must have the collaboration of at least one SME, and no company should run on its own with more than 70 per cent of the costs. eligible for the collaborative project.

5.2 In the case of collaboration between a company and a research organisation: The research body must run at least 10% of the eligible costs, and it has the right to publish the results of the research, provided that they are directly derived from the research carried out by the body. 5.3 For applied research projects, where the results of the project are widely disseminated through technical and scientific conferences or are published in scientific or technical publications or free access bases (public bases) (a) accessible from gross research data), or through free or open source software. 5.4 For the purposes of paragraphs 5.1 and 5.2 above, subcontracting is not considered to be effective. In the case of collaboration between an undertaking and an investigation body, the aid intensities and the maximum premiums specified in the table in paragraph 4 of this paragraph shall not apply to the undertaking and an investigation body.

6. 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 Treaty establishing the European Community (TEC), which is therefore eligible for funding up to 100% of the eligible cost of the project.

In order to allow the application of the provisions of the previous paragraph, the research bodies must carry out an accounting which makes it possible to distinguish clearly the costs and financing of the economic activity against the non-economic activity. In another case, they shall be treated in the same way as undertakings in respect of the provisions set out in paragraphs 4 and 5 above, as well as in paragraph 16 (2) (b) and 7. The primary activities of the research organisations shall not be considered as economic activities, as provided for in that section 3.1.1 of the Community framework for State aid for research and development and innovation (2006/C 323/01). 7. For the purposes of maximum aid intensity for the financing of projects or actions covered by this order, the beneficiaries of the sixth paragraph of these regulatory bases, other than undertakings, are not included in the category of 'research bodies' shall be regarded as a large undertaking, a medium-sized enterprise or a small undertaking, as defined in the undertaking referred to in that sixth paragraph. 8. For the purposes of cumulation, the maximum aid limits laid down in this order shall apply regardless of whether the project is financed by State or Community resources, except in the context of the concrete and restricted from the conditions of Community R & D funding laid down in the ITD Framework Programmes, adopted in accordance with Title XVIII of the Treaty establishing the European Community (TEC) or Title II of the Treaty establishing the European Atomic Energy Community (Euratom), respectively. Where the expenditure eligible under the aid in question is partially or wholly eligible for aid of different purposes, the common part shall be subject to the most favourable limit in accordance with the rules applicable. This limit shall not apply to aid granted in accordance with the Community guidelines on State aid and risk capital for small and medium-sized enterprises (2006/C 194/02). The aid referred to in this order may be cumulated with de minimis aid in respect of the same eligible expenditure for the purposes of calculating the maximum aid intensities laid down therein.

12th. Concepts eligible for aid.-The aid provided for in this order will be used to cover expenditure directly linked to the development of the project or action for which it has been granted. The aid intensity shall be calculated in accordance with the project costs, provided that they can be considered eligible. All eligible costs must be allocated to a specific category of R & D + i.

1. In the case of the National Programme of Fundamental Research Projects: Aid for "Research Bodies" will be able to finance 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 implementation of the project or the complementary action. In the case of technology centres, private R & D centres, and other private R & D centres which have analytical accounts, the request for funding may be made at the total cost and the amount of the The maximum funding will be determined in the relevant call.

Aid for entities that cannot be considered as "research bodies" will be carried out in the form of total costs.

1.1 Marginal cost mode: Aid may be applied to the following concepts according to what specifically identifies the corresponding calls: (a) Direct implementation costs, including, inter alia, the following eligible expenditure: a.1) Expenditure on staff engaged exclusively for the project. The costs of the statutory or contractually linked fixed staff shall not be financed from the beneficiary body. The contract staff may be incorporated into the project for all or part of the duration of the planned duration, in part or in total. Personnel costs may relate to doctors, graduates and technical staff supporting the research. Such staff shall be incorporated in any form of procurement in accordance with the rules in force and with the rules to which the beneficiary is subject, without any commitment as to their subsequent incorporation into the beneficiary entity. If the performance is longer than two years, all costs incurred in the recruitment of such staff shall be considered eligible, provided that the staff has been recruited exclusively for the work or service of the project. the programme or the supplementary action in question.

In the respective calls it may be regulated that part of the cost of approved personnel can be devoted to salary supplements for the staff of the research team having a working or statutory relationship with the institution benefit from the aid; this amount of salary supplements shall be specified in a differentiated manner in the decision to grant, and may not be increased or applied to other expenditure for implementation other than staff expenditure. (2) Other implementing costs: duly justified costs, inter alia, for the purchase of scientific and technical equipment, bibliographic material, consumable material, travel and subsistence allowances, including the costs of seminars and conferences scientific character, short stays of the staff assigned to the project in other laboratories to carry out tasks related to the project, visits and stays of researchers invited for short periods of time and with direct relation with the project, with the programme or with the complementary action, as well as the costs of the use of general research support services, large scientific facilities and oceanographic vessels; in some cases, where the call so establishes, expenditure relating to construction may be financed; redevelopment or extension of infrastructure. Subcontracting, contractual research costs, technical knowledge and patents acquired or obtained by licence from external sources at market prices are also included, provided that the operation has been carried out under conditions of full competition and no element of collusion, as well as costs of consultancy and equivalent services, intended exclusively for the project or action. This item includes expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors for the case in which the corresponding call for aid sets out the obligation of presentation of the supporting account with the contribution of an auditor's report, provided that the beneficiary is not obliged to audit his/her annual accounts, in accordance with paragraph twenty-fifth of this order.

(b) Indirect costs: where the relevant call is determined by the beneficiary institutions, a maximum amount equivalent to the percentage of the costs may be charged in addition to indirect costs total direct projects to be set out in the respective call resolution. 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. General expenses shall be eligible where they are based on actual costs attributable to the execution of the transaction in question or on the actual average costs attributable to transactions of the same type. Lump sums based on average costs shall not exceed 25% of the direct costs of an operation which may affect the level of overheads. 1.2 Total cost mode: The aid will be granted for the single concept of direct costs of execution and within the following eligible costs:

(a) Personal or contracted personnel expenses for the project, both research and technical support personnel.

(b) Other implementing costs: Cost of depreciation of new acquisition-technical equipment, costs of use of facilities or equipment, including the costs of using general services to support the research, large scientific facilities and third-party oceanographic vessels, to the extent that such equipment is intended for the proposed activity, and other duly justified costs (consumable material, travel, subsistence, including seminars and conferences of a scientific nature, visits and stays of researchers invited for short periods of time and directly related to the project, etc.). Subcontracting, contractual research costs, technical knowledge and patents acquired or obtained by licence from external sources at market prices are also included, provided that the operation has been carried out under conditions of full competition and no element of collusion, as well as costs of consultancy and equivalent services, intended exclusively for the project or action. This item includes expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors for the case in which the corresponding call for aid sets out the obligation of presentation of the supporting account with the contribution of an auditor's report, provided that the beneficiary is not obliged to audit his/her annual accounts, in accordance with paragraph twenty-fifth of this order. The costs of depreciation of scientific and technical equipment directly related to the project's objectives may be subsidised, provided that:

b.1) In the acquisition no national or Community subsidies have been used;

b.2) Depreciation expenses are calculated in accordance with the relevant accounting standards; b.3) The expenditure relates exclusively to the project period.

2. In the case of the National Programme of Applied Research Projects, the National Programme of Experimental Development Projects and the National Programme of Innovation Projects: In the budget presented by the beneficiary, the aid may be apply to the following concepts:

(a) Expenditure on own or contracted staff dedicated exclusively to the project (researchers, technicians and other auxiliary staff), taking into account the provisions of paragraph 1. 6. In the case of public research bodies, public universities, and public law entities whose budgets consolidate, in order to avoid double funding, the costs of statutory fixed staff will not be financed. (a) to be contractually

b) Costs of instruments and equipment, to the extent and during the period in which it is used for the project or action. (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 and equivalent services, destined exclusively to the project or action. (d) Additional general expenses directly arising from the project or action. (e) Other operating costs, including costs of consumable material, supplies and similar products resulting directly from the eligible activity. This item includes expenditure arising from the report by an auditor or audit firm entered in the Official Register of Auditors for the case in which the corresponding call for aid sets out the obligation of presentation of the supporting account with the contribution of an auditor's report, provided that the beneficiary is not obliged to audit his/her annual accounts, in accordance with paragraph twenty-fifth of this order.

3. In all cases of the National Programmes of fundamental research projects, applied research, experimental development and innovation:

(a) In no case are indirect taxes considered to be eligible for indirect taxes where they are eligible for recovery or compensation (Article 31.8 of the General Grant Act).

(b) Where the amount of eligible expenditure exceeds the amount of EUR 12 000, in the case of supply of goods for equipment or provision of services by consultancy or technical assistance undertakings, the beneficiary shall request at least three offers from different suppliers prior to the contraction of the commitment for the provision of the service or the delivery of the goods, unless the special characteristics of the eligible expenditure do not exist in the market sufficient number of entities supplying or providing it, or unless the expenditure is had previously made the application for the grant. The choice between the tenders submitted, which must be provided in the justification or, where appropriate, in the application for the grant, shall be made in accordance with the criteria of efficiency and economy, and must be expressly justified in a choice when it is not the most advantageous economic proposal. (c) In the case of inventoried goods, the provisions of Article 31 (4) and (5) of the General Grant Law shall apply. The period of affixing of goods entered in the public register is fixed in five and two years respectively, except where the calls specify different periods, or unless the action supported has a period of higher performance, in which case the time limit for the condition shall be equal to that period of execution. In the event that the form of aid granted consists of a repayable advance from the ERDF, the assets acquired will be affected by the subsidised action until the advance payment has been fully repaid, provided that is higher than the one derived from the application of the preceding paragraph.

13th. Collaborating entities.

1. The delivery and distribution of the aid may be carried out through collaborating entities, which must comply with the requirements laid down in Article 13 of Law 38/2003 of 17 November, General of Grants. A collaboration agreement shall be formalised between the granting administrative body and the contributing entity in which the conditions and obligations assumed by the latter are governed, in accordance with Article 16 of Law 38/2003 of 17 November. General of Grants.

2. Autonomous communities, local corporations, agencies and other public entities may act as collaborating entities, the commercial companies participating in the general government, bodies or agencies, or The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held a They may also act as collaborating entities, other public or private legal persons who demonstrate experience in the thematic area or activity covered by the partnership, which have qualified human resources, and who meet the conditions of sufficient economic and technical solvency or sufficient effectiveness, accredited by:

(a) The presentation of a statement concerning the business figure of the last three financial years, and

(b) The presentation of a declaration stating that it has experience to carry out the planning, control and monitoring of the management entrusted, as well as with the material and human resources required to this.

4. The collaborating entities shall carry out the following tasks in accordance with the provisions of Article 15 of the General Grant Law:

(a) Deliver to the beneficiaries the funds received in accordance with the criteria laid down in the grant or aid rules and in the agreement concluded with the entity.

(b) Check, where appropriate, the compliance and effectiveness of the conditions or requirements for their granting, as well as the performance of the activity and the fulfilment of the purpose to be determined by the concession or The subsidy is granted. (c) to justify the delivery of the funds received to the granting body of the aid and, where appropriate, to provide the justification submitted by the beneficiaries. (d) to be subject to the checks carried out in respect of the management of these funds by the granting authority, as well as any other checks and financial controls 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.

5. Where the General Administration of the State, its public bodies or the autonomous communities act as collaborating entities, the verification actions referred to in subparagraph (d) of this paragraph shall be carried out by the corresponding bodies which are dependent on them, without prejudice to the powers of the national or Community control bodies and those of the Court of Auditors.

6. The calls may provide for the possibility of establishing an economic compensation in favour of the collaborating entities. This economic compensation shall cover 100% of the operating costs (personnel and administrative costs) in which the collaborating entity may have incurred in order to carry out the activity entrusted to it. These costs must be determined quantitatively in the questionnaire for the application of aid for the projects submitted through the aforementioned collaborating entities. 7. For the purposes set out in section septimo.d) of the order, the Promoter Entities of the Parks will act as collaborating entities in the delivery and distribution of the funds, in the presentation of the justification of the beneficiaries, and in the technical preparation of the projects, in accordance with the provisions of Article 12 of the General Law on Subsidies. To do this, they must meet the following requirements: Contar with the material resources for the management of R & D + i, have human resources trained for the aid to the management of R & D + i, carry out planning, control and monitoring projects in R & D + i activities and having the capacity to analyse indicators of evolution and results of R & D + i activities.

Chapter II

Aid management procedure

14th. Competent bodies to convene, instruct and resolve the concession procedure.

1. The aid covered by this order shall be convened at the order of the Minister of the Presidency, the Minister for Industry, Tourism and Trade, or the Secretary of State for Universities and Research, acting in accordance with the Ministries ' interested in the management of the same.

2. The competent bodies to order and instruct the concession procedures shall be designated in the corresponding calls for each specific programme, and shall be composed of representatives of all the co-managing ministries of the aid. In the case where different sub-programmes are specified within each Programme, the call shall designate the competent bodies for the instruction of the subprogrammes, which may be the following:

In the Ministry of Industry, Tourism and Trade: (a) The Directorate General for Industrial Development.

b) The General Directorate of Small and Medium-sized Enterprise Policy. c) The Center for Industrial Technological Development (CDTI).

In the Ministry of Education and Science:

(a) The Directorate-General for Research.

b) The Directorate-General for Technology Policy. (c) The Directorate-General of the National Institute for Agricultural and Food Research and Technology (INIA).

In the Ministry of Environment:

a) The General Secretariat for Territory and Biodiversity.

b) The General Directorate of Environmental Quality and Evaluation. c) The Secretary of the Scientific Committee of the National Park Network created by Order MAM/1742/2006, of 29 May.

3. The competent bodies to resolve may be:

(a) In the Ministry of Industry, Tourism and Trade, the Minister or a Steering Body in whom you delegate, or the President of the CDTI or the governing body to whom you delegate.

b) In the Ministry of Education and Science, the Secretary of State for Universities and Research, or the Director General of the National Institute for Agricultural and Food Research and Technology (INIA) or a management body in which delegate. (c) in the Ministry of the Environment, the Minister or the governing body in which the delegate, or the Chairman of the National Parks Autonomous Body or the governing body in which he delegates.

15th. Calls for assistance.

1. The procedure for granting aid shall be initiated on its own initiative.

2. An annual call may be made for each of the National Programmes covered by this order. 3. Calls may respond to the following modalities:

(a) Annual call, the time limit for the submission of applications shall be three months at the latest, counted from the day on which the notice published in the Official Gazette of the State takes effect, and with a single procedure of assessment and resolution.

(b) Open call for an annual meeting with a timetable setting out several deadlines for the submission of applications to which the respective evaluation and selection procedures will correspond. Where, at the end of a procedure for the selection of a sub-programme, the corresponding aid has been granted and the maximum amount to be granted has not been exhausted, the remaining amount shall be automatically transferred and added to the amount available for the next submission period of the same sub-programme. Existing remnants, following the resolution or decisions to grant each sub-programme, may be added, in the light of the optimization of the budgetary implementation rate, to other sub-programmes of the call, giving priority to those subprogrammes. sub-programmes in which a better degree of implementation of the budgetary resources is obtained.

4. Within the same call, different time limits for the submission of applications may be provided for each of the sub-programmes making up the component.

5. The scheme for granting the aid covered by this order shall be that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination. 6. The notice shall contain at least the minimum content provided for in Article 23 of Law 38/2003 of 17 November, General of Grants.

sixteenth. Formalisation and submission of applications.

1. In the case of the National Programme of Fundamental Research Projects: (a) Applications for the grant of the aid shall be directed to the competent body to instruct the procedure and shall be available for completion and presentation. on the Internet address of the Ministry of Education and Science (www.mec.es).

(b) Applications shall consist of a set of forms to be determined in a specific manner in each of the calls. Where the calls for specific sub-programmes, applications may include, where appropriate, additional forms for such sub-programmes, which will necessarily be completed with the electronic means of support available in the referred to as the Internet address. (c) The applicants shall make the application in the standard format, together with the additional documents to be determined by the calls in each case, and submit it in any of the places referred to in Article 38.4 of the Law 30/1992 of 26 November 1992 on the Legal Regime of the Public Administrations and the Common Administrative Procedure; likewise, in accordance with the provisions of that Article, the general registers of the public universities and public research bodies to which the members of the public applicant centres, even if the convention referred to in Article 38.4 (b) of Law No 30/1992 has not been signed, of 26 November. In so far as the necessary means are available to enable it, telematic means may be used in the submission of applications and supporting documents, as provided for in Article 23.3 of Law 38/2003 of 17 November. General of Grants and the additional 18th of Law 30/1992, of 26 November. The different calls will indicate the telematic means to be used, which will be developed mainly through the website of the managing body.

2. In the case of the National Program of Applied Research Projects, the National Program of Experimental Development Projects and the National Program of Innovation Projects:

(a) The applications for obtaining the aid shall be addressed to the competent authority to instruct the procedure and shall be available for completion and presentation in the addresses of the Internet which are indicated in the calls for the corresponding National Programmes, depending on the sub-programmes to be established in them.

(b) Applications shall consist of the following elements: aid application form, questionnaire and memory. In the event that calls for specific sub-programmes are made, applications may include, where appropriate, additional forms for such sub-programmes, which will necessarily be completed with the electronic means of support. available in the above addresses of the Internet. 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), in cases where either the applicant is a large undertaking or the applicant is an SME requesting aid for a project amounting to more than or equal to EUR 7,5 million, the applicant shall also provide a memory demonstrating the incentive effect of the aid on the actions or projects for which it is requested, where a comparison shall be made, with and without the aid requested, of the quantitative and Quality of life and quality of life and the quality of life. Among these factors, the influence of aid on one or more of the following must be shown in particular: the increase in the volume of the project, the extension of its scope, the increased speed of implementation or the increase in the total amount of expenditure dedicated by the beneficiary to the implementation of R & D + i. (c) The request for assistance for each project or action shall be assigned to a single Sector, Sub-sector or Strategic Action of a single Subprogramme, in accordance with the keys contained in the call provisions, which shall not be an obstacle to which, if the Sector, Sub-sector, Strategic Action or Subprogramme allocated is not the correct one, is automatically reassigned by the instructor. (d) Calls may provide for applicants to submit the application, questionnaire, memory, and, where appropriate, of the additional forms, by means of an advanced electronic signature to the electronic seat indicated in such calls. The electronic certificate shall correspond to the aid applicant. The calls may also provide for all communications and notifications to be made during the processing of the electronic file to be carried out by telematics at the electronic headquarters indicated in those calls, as well as the possibility of consulting the processing status of the case. In addition to the publication of telematic communications and notifications, an additional system of alerts may be made available via e-mail or SMS messages. (e) In addition to the application, the applicant shall accompany the valid accreditation of the signatory's power, which shall be provided by any means which permits to be aware of its authenticity, in accordance with the provisions of Chapter III of the Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the arrangements for the offices of registration. In application of article 35 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, 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 the use of the advanced electronic signature, unless otherwise provided for in the calls. The instructor, in the terms provided for in that Law 11/2007, of June 22, may require the particular exhibition of the original documentation at any time.

3. In respect 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 have no 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 comply with the other requirements laid down by the rules in force for the the competent body may recognise the relevant obligation.

4. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days of the day following the day of receipt of the requirement, remedy the lack or accompany the required documents, with a warning that if you do not do so, you will be given the withdrawal of the application, in accordance with the provisions of Article 71 of Law 30/1992 of 26 November. 5. 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 the authorisation of the applicant for the granting of the accreditation of the fulfilment of tax obligations and the social security through electronic certificates. However, the applicant may expressly refuse consent, and shall then provide such certification when required by that body. 6. The perception of the aid covered in this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose, from any national or public authorities or authorities, the European Union or international bodies. This compatibility shall be conditional on the amount of aid granted in any event being such that, in isolation or in competition with others, it exceeds the intensity of the aid applicable in accordance with the provisions of the paragraph 11 of the present order laying down the regulatory basis for such aid. Compatibility shall also be conditional on the fact that, in certain calls, an amount or a minimum percentage of own financing or co-financing may be required. The applicant shall declare the aid which it has obtained or requested for the activities or projects eligible under these bases, either by submitting the proposals or at any subsequent time in which the aid is produced. circumstance. 7. For the granting of the aid covered by this order, the activities relating to the eligible actions or projects may not have been started before the application has been submitted. Where the application concerns research, experimental development or innovation projects, the feasibility studies carried out in advance of the actions or projects covered by the aid shall not be included. 8. Where the documentation requested is already held by the granting body, the applicant, in accordance with Article 335f of Law No 30/1992 of 26 November 1992, shall not be required to submit it, provided that the date and the body or agency in which it was submitted or, where applicable, issued, and where no more than five years have elapsed since the end of the procedure to which it relates, are recorded.

seventeenth. Instruction.-The competent authorities for the instruction, as determined in paragraph 14, shall carry out, on their own initiative, any action they deem necessary for the determination, knowledge and verification of the data under which they are The proposal for a resolution should be formulated in accordance with the provisions of Article 24 of Law 38/2003 of 17 November, General of Grants.

Eighteenth. Assessment: bodies and evaluation criteria.

1. The assessment shall be carried out on a competitive basis and in accordance with the principles of advertising, transparency, equality and non-discrimination.

2. Applications shall be subject to an evaluation procedure which shall consist of a first stage of scientific and/or technical evaluation, followed by another stage of opportunity assessment. 3. In the scientific and/or technical evaluation, in addition to the instructor, external entities and experts may be involved, among others:

(a) The National Agency for Assessment and Prospective (ANEP).

b) The Center for Industrial Technological Development (CDTI). (c) The Scientific Advisory Committee on the Profarma Plan, for projects and actions of companies applying for aid in the Pharmaceutical Sector. (d) The National Aerospace Technique Institute (INTA), the European Space Agency (ESA), the European Nuclear Research Centre (CERN), or the European Southern Observatory (ESO), for projects and actions of companies applying for Aid in the field of Aerospace. e) The autonomy commission created under the General Protocol of collaboration between the Ministry of the Environment and the Consejeries competent in "Water and Natural Resources", for the projects that contribute to the Environment Sector and Eco-innovation, with regard to the management and sustainable use of natural resources. The scientific and/or technical evaluation shall be carried out in accordance with the criteria set out in sub-paragraphs 7 and 8 of this paragraph, taking into account, where appropriate, the thematic priorities, lines and sublines of research for each Sector, Sub-sector or Strategic Action shall be determined on each call, and in a coordinated manner with the instructor. A minimum score may be established in the calls for the project to be considered eligible for funding.

4. The opportunity assessment of the projects, which includes the proposal for the allocation of economic assistance, will be carried out by the Finance Ministerial Department according to the strategic priorities of the project. These priorities may include the following:

a) The membership of the project or action to any of the categories established as of special interest in the fifth section of this order.

b) Alignment of the project or action with the orientations arising from the Industrial Observatories constituted by the Ministry of Industry, Tourism and Commerce or the technological platforms. (c) The existence of an R & D + i management system according to UNE 166:002. d) Participation in other national and/or international R & D + i programmes. e) Collaborative projects presented by Innovative Business Groups registered in the Special Register of innovative business groupings of the Ministry of Industry, Tourism and Trade, regulated by Order ITC/3808/2007, 19 of December, or by companies and entities associated with them. f) Participation of women and young people under 30 years of age in the research team, both as lead researchers and participants. (g) the project to be developed in disadvantaged autonomous communities in accordance with the Structural Programming of the European Union.

5. The evaluation committees shall operate in accordance with 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.

Evaluation Commissions will be specific to each sub-programme and will be composed of representatives of the following bodies and entities:

(a) The competent authority to instruct, the holder of which shall hold the chairmanship of the Commission, and whose representatives shall be the vice-president and the secretary thereof.

b) Competent body to resolve. (c) Any other body of the General Administration of the State (AGE) related to the thematic areas or to the management of the Subprogrammes of the calls. (d) Entities who have participated in the scientific and/or technical evaluation. The corresponding calls shall determine the number of representatives of each organ or entity, as well as the bodies of the General Administration of the State which shall form part of the evaluation committees for each sub-programme.

6. The results of the technical and opportunity assessments will be transferred to the evaluation committees, which will issue a final report setting out the outcome of the assessment carried out, referring it to the investigating body in order to the proposal for a provisional resolution.

7. The general criteria to be considered in the scientific and/or technical evaluation in the National Program of fundamental research projects will be the following:

a) Valuation of the aspects relating to the working group (0-50 points). In this sense it will be valued: the capacity of the principal investigator and the rest of the research team to carry out the programmed activities and recent contributions of the same ones related to the theme of the project; the results the research teams have obtained in the thematic area of the proposal; the interest of the results of the projects and reports carried out by actions previously financed by the National Plan; the contributions Scientific and technical knowledge of the project applicant group; internationalisation of the research activity; and the participation of the research team in the European Union's R & D Framework Programme, in other international programmes, in collaborations with international groups, in related topics with the project, or any other element that allows to measure the degree of the internationalization of the research activity of the group.

b) Valuation of the aspects related to the scientific-technical development of the project (0-50 points).

In this sense it will be valued: the scientific-technical relevance in relation to other applications submitted; the opportunity of the proposal within the ideas of the motor and the scientific policy emanated from the National Plan of Scientific Research, Technological Development and Innovation, 2008-2011; the novelty and relevance of the objectives in relation to the objectives of each call and to the state of the own knowledge of the subject in which the application is registered; the feasibility of the proposal; the adequacy of the size, composition and dedication of the research to the objectives proposed in the project; the adequacy of the methodology, design of the research and work plan in relation to the objectives of the project; the adequacy of the budget to the proposed activities and justification of the same according to the needs of the project; and the existence of an adequate and sufficient plan of dissemination and transfer of the results of the project.

8. The general criteria to be considered in the scientific and/or technical evaluation in the National Programs of Applied Research Projects, Experimental Development and Innovation will be the following:

a) Economic viability of the performance. (0-10 points). Consideration shall be given to aspects such as the adequacy of the budget to the objective of the performance and the size of the entity, the commercial capacity of the entity, or the positioning of the entity in its sector.

b) The scientific/technological level of the project. (0-30 points).

The scientific/technical quality of the project (objectives and scope), as well as the participating groups, and/or aspects such as the degree of novelty of the project at national and international level, the technological risk that involves its implementation or the capacity to generate new lines of research and development.

c) Expositive level of the project. (0-10 points).

Assessing criteria such as correction in the wording, clarity, simplicity and concision in the ideas expressed, the accompanying of graphs or explanatory schemes or the inclusion of a short analysis on the current state of the technique in the relevant field.

d) Collaboration of different agents of the science-technology-enterprise system. (0-20 points).

The balance in the distribution of tasks between each of the participants, the geographical dispersion of the participants, as well as the participation of entities belonging to different links in the value chain.

e) Socio-economic impact of the project. (0-20 points).

Assessing aspects such as the multiplier effect of investment, the creation of added value and employment, the ability to solve common problems affecting an important number of companies or a particular sector or the implementation of action in areas with structural economic problems.

f) Forecast of the increase in the research and development activity carried out by the applicant. (0-10 points).

The incentive effect of the aid on the applicant will be assessed.

Nineteenth. Hearing and resolution.

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

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

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

4. Once the proposal for a final decision has been raised to the body responsible for resolving the matter, the latter will give the appropriate judgment or order for the aid to be granted. This resolution shall expressly mention, where appropriate, co-financing with ERDF funds. The budget items corresponding to the aid allocated may also be included. 5. The notifications of the provisional motions for resolutions, the final motions for a resolution and the decisions of the Court of First Instance or of the Court of First Instance shall be made in accordance with Articles 58 and 59 of the Treaty. Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The lists of the provisional motions for resolutions, the final motions for resolutions and the final decisions or the decisions on the granting of aid may be published on the websites of the Ministries concerned, (a) by making all the effects of notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November on competitive competition procedures. In addition, notice of the publication of the proposals for interim resolution and final resolutions may be received by means of SMS or e-mail messages. 6. As set out 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 which it is granted the aid and the express dismissal of the other applications, may include an orderly relationship of all the applications which, in compliance with the administrative and technical conditions laid down in these bases 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 such calls, if any of the beneficiaries give up the aid, the granting authority may grant the aid to the following applicant or applicants in order of punctuation, provided that the aid is granted waiver by any of the beneficiaries, sufficient credit has been released to meet at least one of the applications refused. The grant authority shall notify this option so that within 10 days it shall express its acceptance. In the absence of a reply within 10 days from the date of notification, the proposal shall be deemed to have been accepted by the applicant. Once the proposal has been accepted, expressly or tacitly, by the applicant or applicants, the granting body shall give the act of concession and shall give its notification in accordance with the terms set out in this paragraph. 7. The maximum period for the decision of the procedure and its notification is six months from the day on which the notice published in the "Official Gazette of the State" takes effect. If, 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. The time limit for the decision may be interrupted, in accordance with the legislation in force at the time of the examination of the file, during the period of the assessment of the entities referred to in paragraph 1 (3), in the case of establish its mandatory participation in the convocation, which may not exceed two months, according to Article 24.3 of the General Law of Grants. 8. The aid granted in the calls made under this order will be published in the "Official Gazette of the State" in accordance with the provisions of Article 30 of the Regulation of Law 38/2003 of November 17, General of Grants, approved by Royal Decree 887/2006, July 21. However, where the amounts of the aid granted, individually considered, are of less than EUR 3 000, the publication in the Official Gazette of the State shall not be required. 9. The proposals for a provisional and definitive resolution do not create any right in favour of the proposed beneficiary, in the face of the Administration, until the granting of the concession resolution has been notified to it.

Twenty. Amendment of the decision granting aid.

1. The actions supported shall be implemented in the approved time and form to be collected in the granting decisions. However, where duly justified specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, the beneficiary may request the amendment of the resolution of the concession. Any change in the project will require at the same time: (a) that the change does not affect the objectives pursued with the aid, its fundamental aspects, or damage third-party rights.

b) That the change is requested before the end of the project execution period and is expressly accepted, notifying the person concerned. The body responsible for resolving the requests for amendment shall be the body responsible for resolving the calls for aid.

2. In the case of a repayable advance from the ERDF and the change requested affects the place of execution of the project, the authorization of the amendment shall be conditional on the existence of credit available in the ERDF funds. allocated to the new area.

3. In the specific case of actions financed by the National Programme of Fundamental Research, in respect of the financial concepts of expenditure and the amounts approved for each concept, no funds may be requested or transferred between the two concepts of expenditure; that is to say, transfers between indirect costs and direct costs of implementation cannot be carried out. No transfer of expenditure may be made between the financial concepts in order to generate salary supplements for or to increase the workforce; these wage supplements shall be set out in the grant resolution and may not be increased during the period of implementation of the project, the programme and/or the supplementary action. However, the amount approved for the concept of direct costs of implementation may be allocated without restriction to any of the eligible expenditure, whether of staff, inventoried material or other implementing expenditure in accordance with the needs of the project. Where a change of entity benefiting from the research project, the programme of research activity or the supplementary action is requested, the amounts of aid originally granted from the general budget of the Status may not be modified. This implies that the change of Autonomous Communities of the Convergence Objectives "Phasing Out" and "Phasing In" to an Autonomous Community of Regional Competitiveness and Employment Objective will not be feasible. The authorisation of such a request and, where appropriate, the conditions under which it is established shall be established by the body responsible for resolving the call. With the request for change of beneficiary entity, a report of an auditor, external to the entity itself, shall be sent to certify the statement of accounts of the aid granted on that date which shall be, if the change is accepted proposed by the beneficiary entity, transmitted to the new entity, which must accept it as a state of accounts. The liabilities of any type prior to the date of such audit shall be from the beneficiary entity which originally received the aid. From that audit date (and if the change of entity is authorised), the liability will be fully assumed by the new beneficiary entity. Any objections or objections which may be made to the audit subsequently by the relevant control bodies, even after the end of the period of execution of the aid, must specify the date of the operation repaired, and the it shall be remedied or assumed by the beneficiary entity that was responsible at that date for the aid received, as determined in the audit carried out prior to the change of entity. With regard to the time limit for implementation, in duly justified cases and by reasoned request and with the approval of the legal representative of the beneficiary, the principal investigator may request his extension, not until later than 31 December. December 2015. In respect of the components of the research team or the dedication of the same to the incentive action, any modification shall be requested by the principal investigator, with the approval of the legal representative of the beneficiary, The reasons for the application are not included in the case-law of the Commission. The authorisation must be made in an express manner and be notified to the person concerned prior to the commencement of his/her effectiveness. In the specific case of research activity programmes for high-level teams (Consolider-Ingenio 2010), it will be up to the Consolider management committee to authorize any modifications or changes that were requested during the execution. of the programme of research activity and exceptionally authorise the minoring of the members of the teams, at the request of the investigating investigator, after a report issued by the monitoring committee. In any case, the value and potential of the critical mass of the equipment must be maintained. The Consolider management committee will assess the need and the opportunity to request the exclusive dedication of the program by the coordinator investigator and the program of dedication to the program of the other components of the team. The degree of dedication must be laid down in the implementing agreement.

Twenty first. Resources.

1. In accordance with Articles 116 and 117 of Law No 30/92 of 26 November 1992 against the decision of the procedure for granting aid, which will put an end to the administrative procedure, it may be brought to an appropriate replacement to the body which issued it, within one month of the day following that of the notification of the decision or three months from the day following that of the time limit referred to in paragraph 1. decedono.7. Without prejudice to the foregoing, the decision of the procedure for granting the aid is to be brought before the Court of First Instance of the National Court within two months of the date of the day following that of the hearing. the notification referred to above or six months from the day following the date of the deadline set out above.

2. The interposition of resources may be made through the electronic records of the Ministry concerned in the terms expressed in this standard and in accordance with the provisions of their respective regulatory orders.

Twenty-second. Guarantees.

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

2. In the case of loans whose annual amount, for the project or action concerned, is less than or equal to EUR 100 000, the presentation of guarantees for the payment of the corresponding annuity shall not be required. 3. In the case of loans whose annual amount, for the project or action concerned, exceeds EUR 100 000, the provision of guarantees by the single beneficiary or representative of the beneficiaries of a project or acting in cooperation for the payment of the relevant annuity, with the following exceptions:

(a) The single applicant or the representative of a project in cooperation shall, instead of the guarantee of the constitution of guarantees, provide a certificate, the model of which shall appear as an annex in the order of calls for aid, in the a credit institution shall, irrevocably and with due guarantees, assume reimbursement for the whole of the loan granted to the project, in accordance with the repayment schedule set out in the aid proposal. 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.

b) That all project participants belong to one of these categories, as defined in the sixth paragraph: public law entities, public universities, and public R & D centres, and/or Technology Centres, in where the representative of all of them, instead of the guarantee constitution, may submit an audit report drawn up by an external auditor or audit firm entered in the Official Register of Auditors (ROAC) in which, in the opinion of the instructor, the presumption that the entity is may be able to repay the whole of the loan within the time limits and amounts set out in the proposal for a concession. In the event of an unfavourable report, financial guarantees, as provided for in paragraph 7, shall be submitted.

4. The calls for this order may provide for the beneficiaries or other types of documents, other than those referred to in sub-paragraph 3, for the application of the exemption from guarantees to the granting of loans provided that the of these is duly insured.

5. If the documentation required to be able to apply the exemptions, or where appropriate, the safeguards provided for in paragraph 7 of this paragraph, do not appear before the competent body within the time limit set by the The applicant shall be deemed to have rejected his request. 6. In the case of projects to which grants and loans are granted, the above sub-paragraphs shall apply respectively. 7. Where financial guarantees are required, the applicable regime shall be as follows:

(a) These guarantees will be constituted within the period fixed by the notice of call and before the General Deposit Box, in any of the modalities provided for in the regulations of the said Box (Royal Decree 161/1997, of 7 of February, BOE of 25 February 2000, BOE of 25 February 2000, BOE of 25 and 31 January, as amended by Order ECO/2120/2002 of 2 August, BOE 24 August) and with the requirements laid down for them.

(b) The person concerned shall be asked to contribute to the lodging of the guarantees before the General Deposit Box with the proposed resolution and the notification of the commencement of the proceedings for hearing the same. If the guarantee is not lodged with the competent body within the time limit set by the call, the applicant shall be deemed to have rejected his application. (c) The guarantees shall be released in any event where 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. (d) In none of the above mentioned assumptions, the contribution of the securities to the guarantees shall mean the generation of the right in front of the Administration, nor does it prejudge the content of the final decision of the grant, nor does it generate a subjective right to obtain aid from the person concerned. (e) 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. Once the effective justification for the implementation of the project or action under consideration has been fulfilled, the management body may authorise the cancellation of the guarantees set out in accordance with the same paragraph, when the managing body authorizes that, without prejudice to the responsibilities which may be payable to the beneficiary, a credit institution shall, in an irrevocable manner and with due guarantees, assume the repayment in accordance with the repayment schedule set out in the resolution estimate of the granting of the aid by the competent body.

8. In the case of multi-annual aid, the documentation corresponding to the aid of that year shall be required for each annuity, applying all the requirements set out above in this paragraph.

9. When acting as collaborating entities, it will not be necessary for the sponsoring entities of Scientific and Technological Parks to provide guarantees.

Twenty-third. Payment.

1. All aid, both loans and grants, will be paid in advance of the justification for the implementation of the project or action.

2. The payment of the aid, both of the first annuity and of the successive annuities, if it has a multi-annual nature, shall be conditional on the fact that the management body has established that the beneficiary complies with all the requirements laid down in the Article 34 of Law 38/2003 of 17 November, General of Grants. In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to do so within a maximum of 15 days from the day following the notification of the requirement. 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 (a) the requirements for the provision of scientific and technical monitoring documentation, as well as the available budgetary resources. The payment of multi-annual aid may also be made in the form of single payment in advance, without the need for a guarantee. 3. The payment of the aid shall be subject to prior accreditation of the performance of the incentive action and its documentary evidence by the managing body, in those types of action in which it is specified. 4. In the case of aid granted as a repayable advance from the previous ERDF and subsequent grant, as defined in paragraph 2 (b), the single payment or partial payment of the advance shall be processed on the basis of the decision to grant the aid. The total or partial payment of the grant, which shall be used for the repayment of the advance, shall be conditional upon the fulfilment of the obligations for the implementation and the justification of the repayable advance to be determined in the calls, as well as their positive assessment. The payment to be made from the grant shall be made in formalisation, without material outflow, applying to the repayment of the advance. In the case of the two modalities of the repayable advances under the ERDF defined in paragraph 9 (2) (a) and (b), the accounting treatment of the corresponding payments shall be as follows: the granting of the advances shall be recorded in the State by means of payments under Chapter 8 'Financial assets', policy 46, of the expenditure budget, giving rise to the registration of the corresponding appropriations. The recipients 'bodies or entities, in the case of being subject to a public budgetary procedure, must register the income of the part of the advance guaranteed by the ERDF, as applied to Chapter 9,' Financial liabilities ', of its budget. Recipients not subject to a public budgetary procedure shall, in accordance with the accounting principles applicable to them, register the income of the funds whose counterpart is a debt. Assistance from the ERDF shall be made available once the performance of the subsidy activity is justified, in accordance with the terms laid down in Community legislation. Their release shall be made in formalization, without physical outflow of funds, applying to the repayment of the reintegrable advance. If, for reasons of reason, the beneficiary's reasons are wholly or partly to be lost as an eligible expenditure for the purposes of the ERDF grant, this amendment shall entail the proportional reimbursement of the repayable advance granted. Where the beneficiary is informed that the ERDF funds have been received, it shall recognise the grant received from the European Union as follows:

In the case of an entity subject to a public budget regime, by means of an income in the concept corresponding to Article 79 "Foreign capital transfers", which in turn will allow the formalization of the cancellation of the debt that was recorded at the time of the advance of funds by the State, by means of the corresponding payment in Chapter 9 of its budget of expenditure.

In the case of an entity not subject to a public budgetary regime, by recording the grant in accordance with the accounting principles applicable to it, which in turn will allow the cancellation of the corresponding debt. In the case of beneficiaries who are part of the public sector, the submission of the application shall entail authorisation to the State so that, where appropriate, it may apply the funds entered by the EU to the cancellation of the advance granted.

Twenty-fourth. 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 dictates the decision to grant them. Likewise, in accordance with Article 8 of Council Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the implementation of Regulations (EC) No 1083/2006 and No 1080/2006 on the European Fund Regional Development, the beneficiary, where appropriate, shall make mention of the co-financing with ERDF funds.

Twenty-fifth. Justification, monitoring and control of the implementation of the project or action.

1. The investment and expenditure provided for in the project or action to be assisted must be carried out in the year for which the aid is granted. In the case of multiannual 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 except in the case of the corresponding multiannual aid the National Programme of fundamental research projects. In this case, the investments and expenditure will be implemented over the entire duration of the action, so that the total budget approved and its annuities coincide with the established payment plan, but not with the implementation plan and justification of the expenditure of the action. However, the investments and expenditure incurred annually through the supporting documentation shall be justified.

2. The beneficiary shall provide the supporting documentation of the activities supported under these regulatory bases from 1 January to 31 March of the immediate year after the granting of the aid. In the case of multi-annual aid, the beneficiary shall submit the supporting documents for the activities supported for each annuity, from 1 January to 31 March of the year after the year corresponding to the annuity granted. After the period laid down without the supporting documentation being presented to the competent body, the latter shall require the beneficiary to submit within a 15-day period of time, with a warning that the absence of such a Presentation shall give rise to the requirement of reimbursement, in accordance with the provisions of paragraph twenty-seventh of the order, and other responsibilities laid down in Law 38/2003 of 17 November, General of Subventions. 3. The justification for the aid will be made in accordance with Chapter II of Title II of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July and in agreement with the Chapter IV of Title I of Law 38/2003 of 17 November, General of Grants. 4. The calls shall lay down the conditions for the application of the following forms of justification

(a) A simplified supporting account for aid of less than EUR 60 000, in accordance with Article 75 of the said Regulation of the General Law on Subsidies.

In the case of grants awarded to bodies or entities of the State public sector, their justification may be made by means of the simplified supporting account without the maximum amount of EUR 60 000 being applied and provided that the provisions of Article 82 of the Regulation of Law 38/2003, General of Grants, approved by Royal Decree 887/2006 of 21 July, are complied with. (b) the supporting account with the contribution of supporting documents in accordance with Article 72 of that Regulation. (c) A supporting account with the contribution of an auditor's report in accordance with Article 74 of that Regulation. (d) through the system of modules defined in Articles 76 to 79 of that Regulation. (e) In the particular case of the National Programme of Fundamental Research Projects, the final justification for the aid shall be carried out by means of a limited supporting account which, using the option provided for in Article 72.3 of the Regulation implementing the General Law on Grants to limit the content of the supporting account given the stable nature of the beneficiaries and the prolijity of the supporting documentation of this type of subsidy, will contain Generally, a memory with the following documentation:

1. Fiches supporting the fulfilment of the conditions imposed in the granting of the aid, indicating the activities carried out and the results obtained.

2. Standardised Justification and certification of expenditure and payments made. The documents proving the expenditure and the payment shall be held by the beneficiaries, at the disposal of the audit and inspection bodies. 3. Where appropriate, justification of the indirect costs charged, on the basis of the criteria for the allocation of the costs to be laid down in the instructions for implementation and justification. 4. Where appropriate, a detailed list of other income or aid received which has financed the incentive activity, with an indication of its amount and source. 5. Where applicable, accreditation of the drawback of unapplied remnants.

5. The supporting documentation as well as the detailed instructions and the corresponding forms shall be published on the websites of the financial ministries.

All the documentation of the performance of the project or action can be presented by means of telematics and advanced electronic signature, in accordance with the provisions of the Order EHA/2261/2007, of July 17, for which the use of electronic, computerised and telematic means in the justification of subsidies. Calls may provide for the requirement for both requirements for the submission of such documentation. The electronic submission of the supporting documentation shall be understood to include both the initial submission, within the period indicated above, and any possible sub-sanctions to be applied to the beneficiaries by the managing body. In accordance with the provisions of Chapter II, Article 35, of Law 11/2007 of 22 June, interested parties may submit to the file digitised copies of the documents, the fidelity of which to the original shall be ensured by the use of the documents. of advanced electronic signatures. The telematic presentation does not relieve the beneficiaries of the obligations referred to in paragraph 6, or to preserve the originals of the supporting documents, audit reports, etc., in case they are subsequently required by the Commission. the management body of the aid or the carrying out of the control activities legally provided for, by the General Intervention of the State Administration or the Court of Auditors. 6. The beneficiary shall be subject to the verification procedures to be carried out by the procedure's instructor, 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, the rules applicable to the management of aid financed by structural funds and any other applicable legislation. 7. In the case of the supporting account with the contribution of the auditor's report under paragraph 4.c), the following requirements are indicated:

(a) The cost of the auditor's report may be eligible up to a maximum of 50% provided that the calls do not set the maximum amount to be paid, that the cost has been included in the budget submitted with the aid application, and the beneficiary is not obliged to audit its annual accounts.

(b) The auditor's report shall be in accordance with the provisions of Order EHA/1434/2007 of 17 May, approving the rule of action of auditors in carrying out the work of reviewing accounts supporting grants, in the field of the State public sector, provided for in Article 74 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

8. The verification of the supporting evidence, in the form of justification in which it is applicable, may be carried out using sampling techniques to provide reasonable evidence on the appropriate application of the aid. The selection of the sample, in which the concentration of aid, risk factors and territorial distribution will be taken into account among other aspects, will be those contained in the annual action plan to be drawn up by the body. grant of the aid, as laid down in Article 85 of the Regulation of Law 38/2003 of 17 November General Grants.

9. In the case where the aid is co-financed with ERDF funds, account shall be taken of the justification requirements laid down in Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the for Council Regulation (EC) No 1083/2006 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 Proposal for a European Parliament and Council Directive on the European Regional Development Fund. 10. The monitoring of projects and actions financed with respect to the achievement of the scientific and/or technical objectives (development of the developed work, established collaborations, progress made, exploitation of the results) (i) the following shall also be made annually through the supporting documentation. Specific methodologies for such monitoring may be established in the corresponding calls for assistance. 11. The financial returns which may be generated by the funds provided in advance to the beneficiaries shall not increase the amount of aid granted. 12. Where there is co-financing by the ERDF, the provisions of Council Regulation (EC) No 1083/2006 of 11 July 2006 on the obligation to maintain projects and investments must be complied with, after having been provided for by the ERDF. Financing from the ERDF. 13. In the case of aid granted as a pre-repayable advance and subsequent grant, the need for the carrying out of material verification activities and their favourable outcome may be established in the call decisions. as a prerequisite for the payment of the subsidy, for equipment of a higher amount than is laid down in those resolutions. The formal verification for the liquidation of the grant shall be carried out in a comprehensive manner on the annual and final reports. The invoices or documents of an analogous probative value supporting those reports shall be checked within four years on the basis of a representative sample, to the end of which the beneficiaries may be required to submit their invoices. the supporting documents which make up the sample, as well as the checks collected in each of the annual action plans referred to in Article 85 of the Regulation implementing the General Grant Law.

Twenty-sixth. Breaches, reintegrating and sanctions.

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

2. The provisions of Title IV of Law 38/2003 of 17 November, General of Grants, and Title IV of its Rules of Procedure shall apply if the cases of administrative infringements in the field of grants and public aid are present. Infringements may be classified as minor, serious or very serious in accordance with Articles 56, 57 and 58 of the General Law on Subsidies. The penalty for non-compliance is laid down in Article 66 thereof. 3. In the projects or actions in cooperation, the representative shall be the person responsible in case of reinstatement or sanctioning procedure. 4. The agreement to initiate the refund procedure shall indicate the cause of the initiation, the non-compliance obligations and the amount of the subsidy concerned. Upon notification of the initiation of the refund procedure, the person concerned may submit the allegations and documents which 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.

Twenty-seventh. Graduation criteria for possible non-compliances.

When compliance by the beneficiary is closely approximated to the total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions of granting of the aid, the amount to be reintegrated will be determined by the application of the following criteria, which address the principle of proportionality: (a) The total non-compliance 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 the 100% refund of the aid granted.

(b) The partial failure of the purposes for which the aid was granted, the realisation of the financial investment or the obligation to justify it, will result in the partial recovery of the aid in the percentage corresponding to the investment not made or not justified. (c) The delay in the submission of the documents to justify the performance of the financial investment shall take place, after 15 days after the institution has been required to lose the right to the recovery or recovery of 100% of the aid granted, in accordance with Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants. (d) The implementation of unauthorised modifications in the financial budget shall entail the return of the amounts diverted. (e) In the case of the National Programme of Fundamental Research Projects, the prolonged or final absence of the principal investigator of the institution benefiting from an aid, without being replaced by other members of the staff the interruption of the project and the return of the proportional amounts corresponding to the period of absence of the principal investigator, as well as, where appropriate, the loss of the right to recovery of the amounts outstanding. Failure to submit, in accordance with the relevant call, and, where appropriate, with the additional requirement expressed by the procedure instructor, the annual or final monitoring reports, both Scientific and technical as economic, it shall entail the return of the amounts received and not justified and, where appropriate, the loss of the right to recovery of the amounts outstanding. Failure to comply with partial objectives or specific activities of the financed action may entail the repayment of that part of the subsidy to those objectives or activities, and where appropriate the loss of the right to recovery of the amounts to be collected.

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. Support for projects or actions after 2011.

Projects or projects whose implementation period extends beyond 2011, the last year of the National Plan of Scientific Research, Development and Technological Innovation, 2008-2011, may be the subject of assistance until the completion of its implementation, in accordance with the provisions of paragraph 1 (2) of this order, as provided for in the respective decisions granting aid.

Additional provision third. Projects and actions financed by the National Park Network.

The projects financed by the Autonomous Agency National Parks in the calls that are carried out in the framework of this order, will have as a fundamental objective to contribute to the improvement of the basic scientific knowledge to the conservation of the National Parks. To this end, in the calls for the development of this order, consideration will be given to the legal uniqueness of these spaces and the competition framework provided for in Law 5/2007, of 3 April, of the Network of National Parks. In particular, the calls shall ensure the participation of the Council of the National Park Network in the procedure for granting the aid. Also, in the process of evaluating applications, the managing bodies of the affected National Parks will issue a decisive report on the strategic interest and opportunity of the projects that concern them.

Additional provision fourth. Cooperation with the competent bodies of the autonomous communities in the field of information exchange.

By the Ministers of Industry, Tourism and Commerce, Education and Science and the Environment will be established, by means of specific agreements of collaboration with the Autonomous Communities, in the terms that are foreseen in the respective framework agreements, the terms of the partnership for the purpose of exchanging information on the implementation and results of the aid that is managed under the National Plan for Scientific Research, Development and Innovation Technological, 2008-2011.

Additional provision fifth. 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.

Single transient arrangement. Transitional arrangements for aid from the National Programme of Fundamental Research Projects.

The granting of the aid requested in accordance with the provisions of the Resolution of 26 November 2007, by the Secretariat of State for Universities and Research, which calls for aid for the implementation of projects Research, research programmes and complementary actions within the National Programme of Fundamental Research Projects, in the framework of the Sixth National Plan for Scientific Research, Development and Technological Innovation 2008-2011 (BOE No. 287, of 30 November 2007), will be resolved in accordance with the provisions of that resolution and in Order ECI/3354/2007 of 16 November establishing the basis for the granting of aid for the National Programme of Fundamental Research projects in the framework of the National Plan for R & D + i, 2008 -2011.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the single transitional provision, Order ECI/3354/2007 of 16 November 2007 laying down the regulatory basis for the granting of aid to the National Programme of Fundamental Research projects in the framework of the National Plan of R & D + i, 2008 -2011 and how many provisions of equal or lower rank are opposed to the provisions of this order.

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

Madrid, March 7, 2008. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernandez de la Vega Sanz.