In order to improve the competitiveness of Spanish companies, the Council of Ministers, at its meeting of 27 January 2006, approved the Business Development Plan (PFE) aimed at strengthening the business system and, in The Commission has also been able to take the necessary measures to improve the quality of life and the quality of life. This Plan is one of the seven basic axes in which the National Reform Programme is structured to achieve the Lisbon objectives, focusing on: the development of entrepreneurship in society, the creation of new businesses The company's innovative and technological base, the growth and consolidation of the existing companies through the innovative effort and the internationalization of the company. The Business Development Plan is structured in five guidelines, among which is to increase the capacity for innovation and the transfer of knowledge. The measures adopted include the development of a program to promote the adaptation of the Technology Centers map according to the needs of the industry, through the creation and consolidation of Technology Centers. Likewise, the current National Plan for Scientific Research, Development and Technological Innovation, approved by the Council of Ministers agreement of 7 November 2003, for the period 2004 to 2007, contemplates within the Horizontal Area of Equipment and Infrastructure, support for the creation and/or maintenance of Technology Centers. Technology Centres are private non-profit organisations whose main task is to provide services to companies in their geographical and technological environment, and in particular to SMEs which often lack the capacity to provide sufficient capacity to develop their own technology to enable them to improve their competitiveness. Its ultimate aim is to transfer knowledge, encouraging the introduction of the innovation culture in companies and thus demonstrate the medium-term profitability of investments in innovation projects. At present, a marked geographical concentration of the Technology Centers is observed, not always according to the distribution of the industrial fabric. It is therefore appropriate to try to reduce the current imbalance between the location of the existing Technology Centres and the business fabric, while ensuring that the new Technology Centres pick up or stimulate the Additional demand and do not reduce the demand for the existing ones. It is necessary to take into account that the Technology Centres must be sufficiently large to carry out relevant technological developments. The technological centers that are created or consolidated in the framework of this order must emerge from a business need and must have the full support of the autonomous community in which they are located. In order to guarantee these two conditions, the financial commitment of the companies and the autonomous government will be met. The program is articulated through three lines of action:

a) Develop the technical and economic feasibility studies of the new Technology Centers that can be created and of the centers to be consolidated. The aid will be in the form of a subsidy.

b) Financing the projects for the creation of new Technology Centres: The beneficiaries will be Private Research and Development Centres constituted as a result of a positive result of the technical feasibility study economic. Public funding will be in the form of a grant or loan. c) Consolidate already existing centres that still lack sufficient technological capacity to meet the demand of the most advanced companies. The beneficiaries will be Private Research and Development Centres and Technology Centres which have not achieved sufficient development. Through this line grants or loans will be awarded to them.

The technological centres that are created or consolidated under this order should aim to achieve minimum requirements for capacity and quality in the medium term.

On the other hand, in the Community strategic guidelines on cohesion developed by the Commission for the distribution of funds in the 2007-2013 period, one of the priorities is to promote innovation. entrepreneurship and the growth of the knowledge economy through research and innovation capabilities. According to this guideline, the Operational Programme of R & D + i is developed for and for the benefit of the companies and among the eligible expenses that are considered are the creation, construction and development of Technology Centers. Therefore, the aid which is covered by this order may be co-financed with those funds. The call resolutions shall expressly indicate whether the co-financing exists and the conditions required for the co-financing. The management of these aids will be carried out in accordance with the general principles laid down in Article 8.3 of Law 38/2003 of 17 November, General of Grants: publicity, transparency, competitive competition, objectivity, equality and non-discrimination. discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources. Aid for the implementation of feasibility studies and actions involving staff expenditure shall be covered by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty on European Union. of the Treaty to de minimis aid (OJ L 379 of 28 December 2006). Aid in respect of investment expenditure on tangible and intangible assets is established in accordance with Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to regional investment aid (DOUE L 302 of 1 November 2006). The aid for counselling costs will be covered by Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (OJ No L 10, p. of 13 January 2001), Commission Regulation (EC) No 364/2004 of 25 February 2004 amending Regulation (EC) No 70/2001 with a view to extending its scope to aid for research and development (OJ L 63, 28.2.2001, p. 2004) and Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty on State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ No L 358 of 16 December 2006). In its virtue, I have:

CHAPTER I

General Provisions

First. The purpose of this order is to establish the regulatory bases for granting aid for actions aimed at the creation and consolidation of technological centres to rationalize the current map of such centres as the needs of the industry. Second. Financial actions.

1. The financial actions must not be initiated before the application for aid is submitted and the following are: (a) Studies to enable knowledge of the technical-economic feasibility of the new Technology Centres and of the centres to be consolidated. A positive result of these studies will be used to request public funding for the creation or consolidation of the Technology Center.

b) Projects aimed at the creation of Technology Centers. c) Projects to consolidate existing centres so that they reach the level required by the technological demand of the companies. Expenditure related to the development of R & D activities of the centre and those activities which any undertaking may benefit from shall be financed.

2. The technological centres which are set up and the centres to be consolidated under this programme must meet the following conditions:

a) Having legal personality, private and non-profit in nature.

b) One of the main objectives will be to carry out research and development and to disseminate the results of such research and development through the teaching, publication or transfer of technology. (c) In its management bodies, the majority of voting members shall be from business associations or undertakings belonging to different business groups and shall be representative of their scope of action. (d) In its ownership or governing bodies, there shall be no majority of public administrations. (e) undertakings which may exercise influence in such entities, for example as shareholders or members, shall not have preferential access to the research capacity of the entity or to the research results it generates. (f) The profits made shall be directed towards financing the activities which constitute its social objective. (g) Any entity may benefit from its activity.

3. The technological centres which are set up and consolidated under this programme will have to meet the following minimum requirements within five years for the case of creation and three years for consolidation, which will be counted from the date of resolution of this help:

(a) University contract staff: minimum 15 employees, as the average for the last year.

b) Direct billing with companies, will represent at least 35 percent of the total revenues, in some of the last two years. In the case of the creation of the Technology Center, if this requirement is not met, it will have to show a growth in turnover with companies of more than 10 percent in the last two years. (c) Non-competitive funds shall represent a maximum of 30% of the total revenue in one of the last two years. In the case of the creation of the Technology Centre, if this requirement is not met, it will have to show a decrease of these funds to 10% in the last two years. It is understood by non-competitive funds, revenues received as a result of the signing of a contract or agreement with some public administration, which is not the result of an open process to other entities. (d) Revenue from R & D activities and technological advice; they shall be higher than 40% of the total revenue. It is understood by R & D activities, those oriented to the increase of knowledge or the application of the same to the creation of new products or processes or the substantial improvement thereof. It is understood by technological advisory activities: those that are not standardized, such as: technological diagnostics, technical feasibility studies, technical assistance, etc. e) Growing customer portfolio annually.

The compliance with the above requirements must be justified within the prescribed period. Third. Beneficiaries.

1. They may be applicants and beneficiaries of the aid provided for in this order: (a) Company: entity, whatever its legal form, which carries out an economic activity and which is validly constituted at the time of the submission of the request for assistance.

b) Pool or association, comprising:

Grouping of economic interest, formed by companies or companies with other entities (IEA).

Sector-based business associations without profit.

(c) Technological centres: a legal person, legally constituted without profit, which is legally intended to contribute, through technological improvement and technological management, to the improvement of the the competitiveness of companies and that it is registered as a Centre of Innovation and Technology (CIT) in the register regulated by Royal Decree 2609/1996 of 20 December, whose ownership or governing body is mostly of companies of the same the scope of activity which the centre and which do not belong to the same business group.

d) Private research and development centres without profit: Foundations or associations legally constituted for non-profit purposes, which are legally intended to contribute, by means of technological improvement and technological management, to the improvement of the competitiveness of companies. In its statutes, the conditions relating to the second paragraph of this order must be laid down. These entities are not considered to be included:

Technology Centers.

Private Research and Development Centers, whose ownership or governing body is a majority of public administrations. Private University 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.

2. They shall be beneficiaries of those defined in the preceding paragraph, depending on the type of action:

a) Economic technical feasibility studies: Company.

Pool or association. Private Research and Development Nonprofit Centers. Technological centres, which do not meet the minimum requirements laid down in paragraph 3 of this order.

b) Projects aimed at the creation of Technology Centres:

Private research and development non-profit centres, made up of a positive result of the economic technical feasibility study

c) Consolidation projects of existing centres to reach the level required by the technological demand of companies:

Private research and development non-profit centers.

Technology centres which do not meet the minimum requirements set out in paragraph 3 of this order.

3. The above actions may be co-financed with Community funds. Each call will set the target regions for the aid on the basis of the Community guidelines on cohesion. Fourth. Requirements and obligations of beneficiaries.

1. 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, may not obtain the status of a beneficiary.

2. The beneficiaries must comply with the obligations laid down in Article 14 of Law 38/2003 of 17 November, General of Grants, as well as the specific and clarifying instructions that, in application and compliance with the law cited in the Royal Decree 887/2006, of 21 July, approving the Regulation of Law 38/2003, of 17 November, General of Grants and of these bases, communicates the Ministry of Industry, Tourism and Trade in the field of execution, monitoring, payment of aid, information and publicity, justification and control of expenditure. 3. In the event that the actions for which aid is received under this order are also co-financed with Community funds, the beneficiaries shall be obliged to comply with the rules of those funds. 4. The beneficiaries shall communicate to the instructor, where appropriate, the obtaining of other loans, grants, income or resources to finance the activities supported, as soon as they are aware of this and, in all case, prior to the justification of the application given to the funds received, in accordance with Article 33 of the Regulation of Law 38/2003 of 17 November, General of Grants. 5. All demonstrations for the promotion and dissemination of actions and projects financed under this programme shall contain the communication elements relating to the Ministry of Industry, Tourism and Trade, as well as the ERDF, where appropriate.

Fifth. Concepts that can help.

1. The public funding provided for in this order for the creation and consolidation projects will be used to cover expenditure directly related to research and technological development.

Public funding can be applied to the following concepts:

a) Material and intangible investment that will include: Construction, expansion and remodeling of buildings to dedicate to research and technological development activities.

Acquisition and installation of technological scientific equipment, including specialized software and intended exclusively for research and enabling the appropriate use of the equipment acquired. No administrative furniture, equipment for teaching, maintenance, repair or insurance of the equipment may be financed.

b) Staff.

c) Advice needed for the development of the performance.

2. Depending on the type of action as defined in paragraph 2 (1) of this order, the budget presented by the beneficiary may include the following concepts from those listed in the preceding paragraph:

a) Studies of economic technical feasibility of the new Technology Centers: Personnel.

Advice needed for the development of the performance.

b) Projects aimed at the creation of Technology Centres and Consolidation of existing centres:

Material and immaterial investment.

Personal. Advice needed for the development of the action.

3. Where the amount of eligible expenditure exceeds the amount of EUR 30 000 in the cost of carrying out work or EUR 12 000, in the case of the supply of equipment or services by consultancy or technical assistance undertakings, the The beneficiary must request at least three offers from different suppliers in accordance with Article 31.3 of Law 38/2003 of 17 November, General of Grants. Sixth. Modalities of aid.

1. Public financing of the actions covered by this order may be granted in accordance with the following provisions: (a) Grants.

b) Loans.

2. The support received by the beneficiaries may take one or both of the modalities according to the characteristics of each project.

3. The actions listed in this order shall be compatible with other grants, aid, revenue or resources for the same purpose from any national or public or private authorities of the European Union or international bodies.

Seventh. Characteristics of the loans. -The loans that are regulated in this order will be characterized by the following:

(a) Maximum repayment term of 15 years, modulable in the respective concession resolution, taking into account the nature and characteristics of the performance. In any event, a period of grace may be granted.

b) Application interest rate of 0 per 100 per year. (c) Guarantees as set out in paragraph 20 of this order.

Eighth. Financing of projects and actions: aid intensity and intensity.

1. Grants and loans from which projects and activities may benefit shall be financed from the budget applications to be determined in the corresponding calls.

2. The aid will have a maximum duration of one year for feasibility studies, two years for consolidation of centres and three years for creation. 3. Financing instruments in the form of grants and loans may be granted on a multiannual basis, in accordance with the characteristics of the projects, provided that the requirements laid down in Article 47 of the Law are fulfilled. 47/2003, of 26 November, General Budget. 4. The applicable aid schemes shall be:

(a) Technical and economic feasibility studies: Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid.

b) Creating and consolidating:

Expenditure on tangible and intangible investments; Regulation (EC) No 1628/2006 on the application of Articles 87 and 88 of the Treaty to regional investment aid.

Advice costs; Commission Regulation No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises. Staff expenditure; Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid.

c) The gross maximum aid intensity shall be:

For economic technical feasibility studies, under the de minimis regime, 75 percent of the cost considered bankable, with a maximum of 200,000 euros in three fiscal years.

Projects aimed at the creation of Technology Centers or consolidation of existing centers.

Only the items corresponding to investment in tangible and intangible assets will be financed through loans, in this case the aid will be able to reach 100 percent of the financial cost, without the gross equivalent of the aid may exceed the ceilings set by the guidelines on regional aid for the period 2007-2013 Map of regional aid increased by 20 percentage points, in the case of small business, and by 10 points percentage, in the case of medium-sized enterprises.

For the items to be financed with subsidy, the gross aid limits to be applied shall be as follows:

Expenses (as defined in 5.1.b) of this order)	Small Business (*)
materials and materials.	National Regional Aid Map Limit +20 Points percentage.	National Regional Aid Map Limit +10 percentage points
.	50%.	50%.
.	100% with a maximum of € 200,000 in three fiscal years.	100% with a maximum of € 200,000 in three years

(*) For the purposes of determining the gross aid intensity, undertakings are considered to be all the beneficiaries listed in the third paragraph of this order, provided that they operate in the commercial traffic and fulfil the conditions laid down in the of the Commission Recommendation 2003/361 EC on the definition of micro, small and medium-sized enterprises, published in EUD L124 of 20 May 2003. (d) In the case of de minimis aid and in accordance with Commission Regulation (EC) No 1998/2006, in no case shall such aid exceed the total maximum amount per undertaking and for a period of three fiscal years, EUR 200,000 neither individually nor as a result of the cumulation with other de minimis aid granted to the same company.

e) Without prejudice to the foregoing, cumulation with other types of aid (and in particular those in the same order) may be possible for the same project, unless such cumulation would lead to a higher aid intensity. to the one set out in each exemption regulation. In these cases, the ceilings set will apply as much if the contribution for the subsidised project comes from state resources, as if it is partly financed by Community funds. (f) In order to ensure compliance with the conditions set out in the preceding paragraph, applicants shall be required to provide a statement of all the public aid, revenue or resources granted or requested for the activities (a) the aid granted by the applicant during the two previous fiscal years and during the current fiscal year, as well as the de minimis aid applied for in the current financial year. (g) As regards aid for investment in tangible and intangible assets covered by Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to regional aid investment and aid for advice covered by Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises, the Maximum aid ceilings shall not apply more than in the case of aid granted under the following conditions: conditions:

The investment will be maintained in the beneficiary region for at least five years or three years in the case of SMEs.

Acquisitions to third parties are carried out on market conditions, acquired assets are considered to be depreciable assets. They are used exclusively in the establishment benefiting from the aid. The beneficiary contributes at least 25% of its funding. The project is not initiated before the application for aid is submitted.

CHAPTER II

Aid management procedure

Ninth. Competent bodies to convene, instruct and resolve the procedure.

1. It is for the Minister for Industry, Tourism and Trade to call for the aid, without prejudice to the delegations in force.

2. The order and instruction of the procedure is responsible for the General Directorate of Small and Medium-sized Enterprises. 3. The resolution on the granting of aid to the Minister for Industry, Tourism and Trade is without prejudice to the delegations in force.

10th. Call for assistance.

1. The procedure for granting aid shall be that of competitive competition and shall be initiated on its own initiative. One or more annual calls may be made, either for the whole or for any of the actions referred to in paragraph 1. second of this order.

2. The notice shall contain at least the minimum content provided for in Article 23 of the General Law on Subsidies.

11th. Applications and deadline.

1. The aid application model will be available for completion and presentation at the time of publication of the call on the Internet address of the Ministry of Industry, Tourism and Trade (www.mityc.es/portalayudas).

2. The model mentioned in the above point consists of: request for assistance, declaration of other aid requested or granted, questionnaire, memory and documentation to be determined by the call. It shall be completed with the electronic means available at the address of the Internet. 3. The interested parties shall make the submission of the request for assistance, questionnaire and memory to the telematic register of the Ministry of Industry, Tourism and Trade by electronic signature as referred to in point 6 of this paragraph. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid. The submission of the application with electronic signature shall entail acceptance by the person concerned of receiving all communications and notifications arising from the processing of the electronic file, by means of the registration The Ministry of Industry, in accordance with the provisions of the ITC/3928/2004 Order of 12 November, establishes the telematic register of the Ministry of Industry, Tourism and Trade. In addition to the publication of communications and notifications through the telematic register of the Ministry, an additional system of alerts will be made available via e-mail, SMS messages or in their default. fax. 4. The documentation referred to shall be accompanied by valid accreditation of the power of the signatory of the application and an authentic or certified copy of the statutes of the requesting entity, which shall be provided by any means which it permits to have proof of its authenticity, in accordance with the provisions of Chapter III of Royal Decree 772/1999 of 7 May 1999, which regulates the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and return of originals and the regime of the registry offices. If the representation by electronic means cannot be validly credited, it shall be presented in physical support. 5. The interested parties may submit to the telematic register of the Ministry of Industry, Tourism and Trade requests, written and communications related to the procedures regulated in these regulatory bases and in the respective calls, in accordance with the provisions of Order ITC/3928/2004 of 12 November, laying down the technical requirements and conditions for the receipt or departure of applications, letters and communications transmitted by means of the telematics. 6. Applicants shall not be required to submit the documents referred to above which have already been held by the competent authority for the processing of applications, as referred to in the ninth paragraph of this order, in accordance with the provisions of the Article 35 (f) of Law No 30/1992 of 26 November, the number of the file which was communicated to it on that occasion shall be indicated in the application questionnaire, provided that no more than five years have elapsed since the date of the application. completion of the procedure to which they correspond. In the case of material impossibility of obtaining the document, the competent body may require the applicant to submit or, failing that, the accreditation by other means of the requirements referred to in the document. 7. In respect of applications for aid for projects or actions of a multiannual nature, after the final judgment has been given, the beneficiary shall not be required to submit applications for subsequent financial years. project or action approved, without prejudice to the obligation to provide the supporting documents provided for in the second paragraph of this order and to comply with the other requirements laid down by the rules in force for the competent body be able to recognise the relevant obligation. 8. If the documentation provided is incomplete or fails to provide any subsable errors, the person responsible shall be required to submit, within 10 working days of the day following the day of receipt of the request, the absence or accompanying the (a) a mandatory document, with a warning that if it does not do so, the application shall be withdrawn, in accordance with the provisions of Article 71 of Law No 30/1992 of 26 November. 9. The maximum period for the submission of applications shall be 30 calendar days, from the date of publication of the notice in the "Official Gazette of the State". 10. Regional investment aid may be granted only where the beneficiary has submitted an application for aid and the competent authority has confirmed, in writing or by authorised telematic means, before the start of the work, that pending further verification, the project complies, in principle, with the eligibility conditions laid down in the aid scheme. If the work of the project starts before the conditions laid down in this paragraph have been met, the whole project shall not be eligible for regional aid. No such aid may be granted to projects which have incurred expenditure before the date of publication of this order.

12th. Instruction.-The competent authority for the instruction shall carry out any of its operations as necessary for the determination, knowledge and verification of the data by virtue of which the motion for a resolution must be formulated, with the provisions of Article 24 of the General Law on Subsidies.

13th. Evaluation bodies and criteria.

1. Applications shall be the subject of an evaluation procedure by an evaluation committee.

2. The evaluation committee shall be chaired by the Director-General for Small and Medium-sized Policy and Enterprise, its Vice-President shall be the Deputy Director-General of Business Creation and shall act as secretary-general of the Directorate-General for Enterprise Small and Medium-sized Enterprise Policy, designated by its owner with a voice but without a vote. 3. Vowels, with the rank of deputy director or equivalent, a representative of: Subdirectorate General of Resources to Small and Medium-sized Enterprises, General Directorate of Industrial Development, Directorate General for the Development of the Society of the Information and General Secretariat of Energy, Cabinet of the Minister of Industry, Tourism and Commerce, Technical Cabinet of the Undersecretary of the Ministry of Industry, Tourism and Commerce and Cabinet of the General Secretariat of Industry. Representatives of the autonomous communities may also be invited, who will have a voice but do not vote. 4. The evaluation committee may count on the evaluation of projects with the collaboration of external experts. 5. The evaluation committee shall issue, once the evaluations have been carried out, the final evaluation report and the proposed estimate or dismissal of the applications for funding for projects and actions. 6. The evaluation criteria according to the type of action are set out in Annex I of this order. 7. The evaluation committee shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

14th. Proposal for a provisional resolution and final resolution.

1. Once the evaluation committee has issued its report, the proposed interim resolution, duly substantiated, shall be submitted by the instructor to the applicant so that, within 10 calendar days, he/she shall make the allegations that you consider convenient.

2. If no claims are made, the draft motion for a resolution shall be automatically submitted on a proposal for a final decision. The acceptance of the beneficiary shall be deemed to be granted in the absence of a response within 10 calendar days. 3. If not, the arguments shall be examined in the proposal for a final decision, which shall be notified to the persons concerned who have been proposed as beneficiaries, in order to communicate their acceptance within 10 calendar days. The final draft resolution must express:

(a) The applicant or the relationship of applicants for which the granting of aid is proposed.

(b) The amount of aid to be granted. (c) in the case of the granting of loans, their conditions, within the limits laid down in this order. (d) The result of the assessment carried out. (e) the assessment criteria used to carry out the assessment. (f) the justification for amendments to the draft or action proposed by the applicant, which have conditioned the motion for a resolution.

4. The possibility is authorized that the call may establish a waiting list for the case in which resources are released for resignations, in accordance with the provisions of article 63.3 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, dated 21 July. Fifteenth. Resolution.

1. Once the relevant proposal for a final decision has been raised, the competent authority shall give the reasoned decision which may be the case or the dismissal of the aid applied for.

2. The applications submitted shall be settled and notified within the maximum period of six months from the date of publication of the relevant call, unless the latter has postponed its effects to a later date. After the expiry of that period without having been notified, the parties concerned shall be entitled to understand their requests. 3. The determination of the granting of aid shall include:

(a) Identity of the beneficiary or beneficiaries of the aid granted.

b) Project or supported action, its expenditure items, as well as its characteristics and motivation. (c) The amount of the aid granted, in the case of de minimis aid, shall be made on the basis of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (OJ EU L 379 of 28 December 2006). In the case of aid for investment in tangible and intangible assets, it shall be stated that they are covered by Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to aid Regional investment and in the case of aid for advice will be made on the basis of Commission Regulation No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises. (d) Technical and economic conditions to be met by the project or action covered by the aid granted. (e) in the case of the granting of loans, the characteristics of the aid granted within those laid down in this order, as well as the timetable for reimbursements to be fulfilled. (f) the technical and economic documentation and reports justifying the implementation of the project or action to be supported, as well as the time-limits for the implementation of the project or action which has been the subject of the aid granted. (g) Obligation by the recipient of the aid to express in his references to the project or action, which he himself has been supported by the Ministry of Industry, Tourism and Trade and, where appropriate, Community Fund. (h) How many extremes are necessary for the characteristics of the project or action to be supported.

4. The resolution will put an end to the administrative route. Sixteenth. Notifications.

1. In general, the lists of provisional motions for resolutions and final decisions or final decisions granting aid shall be published on the website of the Ministry of Industry, Tourism and Trade (www.mityc.es/oficinavirtual), having all the effects of notification as provided for in Article 59.6 (b) of Law 30/1992 of 26 November on competitive competition procedures.

2. In addition, applicants who wish to do so may receive notice of the publication of the proposals for interim resolution and final resolutions, by means of the telematic register of the Ministry of Industry, Tourism and Trade, as set out in Order ITC/3928/2004 of 12 November by means of SMS or e-mail messages.

seventeenth. Amendment.

1. Amendment of the decision granting aid. The actions supported shall be implemented in the approved time and form to be collected in the granting decisions.

The modification of the deadline for the completion of the project and the modification of the concepts financed in it will lead to the modification of the resolution, as a consequence of the alteration of the conditions taken into account for the granting of the aid, and may be requested by the beneficiary to the competent body. For acceptance it will require simultaneously:

(a) that the change does not affect the objectives pursued with the aid, its fundamental aspects, the determination of the beneficiary, nor the geographical location of the centre in which the project is developed.

b) That the change is requested before the completion of the project execution period and accepted by the competent body to resolve.

2. With regard to the time limit for implementation, in duly justified cases and by reasoned request from the legal representative of the beneficiary, enlargement may be requested. The concession shall be made in an express manner, notifying the person concerned prior to the end of the initial period.

3. In duly justified cases and on a reasoned request and provided that it does not affect third parties, the legal representative of the beneficiary may request the modification of the financial budget as regards the costs. The authorisation must be made in an express manner, notifying the person concerned.

Tenth eighth. Resources.

1. The decision of the procedure for granting aid may be appealed for in replacement within one month and before the same body which has issued it, in accordance with Articles 116 and 117 of Law No 30/1992 of 26 May 1992. November. Without prejudice to the foregoing, in respect of the decision of the procedure for granting the aid referred to above, within two months of the date of notification of that decision, an appeal may be brought before the Chamber of Administrative-administrative dispute of the National Court.

2. Furthermore, against the alleged decisions of the procedure for granting the aid, it may be possible to bring the replacement of the aid within a period of three months from the day following that of the deadline. referred to in this order. Without prejudice to the foregoing, against these alleged decisions, an appeal may be brought before the Court of the Administrative-Administrative Court of the National Court within six months of the day following the date of the expiry of the prescribed period. in this order. 3. It is significant that in such cases, administrative disputes cannot be brought before the use of replacement is expressly resolved or the presumed dismissal of the remedy has occurred.

Nineteenth. Guarantees.

1. Grants shall be paid in advance and without the need for guarantees. This measure will apply to all categories of beneficiaries.

2. In the case of the granting of loans, it shall be exempted from the provision of guarantees for the payment of the annuity corresponding to those projects or actions that are in any of the following cases:

(a) In the case of the beneficiaries referred to in Article 42.2 of the Regulation of Law 38/2003 of 17 November, General of Grants.

(b) In the case of Technical Centres referred to in point (c) (c) of the third subparagraph, in the case of loans whose annual amount, for the project or action concerned, is less than or equal to EUR 400 000. (d) The applicant shall, instead of the guarantee of the lodging of guarantees, provide a document in which a credit institution shall, in an irrevocable manner and with due guarantees, assume reimbursement for the entire loan granted to the project, the timing of the write-downs 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 the event of a change, the credit institution shall adjust the timing and amount to the terms of the final resolution of the managing body.

3. In the case of projects to which grants and loans are granted, the points 1 and 2 above shall apply respectively.

4. For those projects in which the provision of guarantees is required, the beneficiary must lodge a guarantee with the General Deposit Box, in any of the procedures laid down in the rules of the said Box (Royal Decree 161/1997). 7 February, 'BOE' of 25 February 2000, and Order of 7 January 2000 'BOE' of 25 and 31 January, as amended by Order ECO/2120/2002 of 2 August 2002 'BOE' of 24 August 2002, and with the requirements laid down for them, for the amount shown in the motion for a resolution. If the guarantee is not lodged with the competent authority of the Ministry of Industry, Tourism and Trade within the period of 30 calendar days, from the day following that of the notification of the request of the The applicant shall be deemed to have received his request. 5. 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. 6. Guarantees will be cancelled:

a) When final resolutions are desestimatories.

(b) Loans shall be cancelled in instalments as the repayment of the loan occurs and, where appropriate, once the amounts that may be repaid have been reintegrated. (c) In any event, the cancellation of the guarantees shall require the express resolution of the management body at the disposal of which it is constituted.

7. In none of the cases referred to in the preceding paragraphs, the contribution of the securities to the provision of guarantees shall mean the generation of the right to the administration, nor shall it prejudge the content of the final decision. (a) the granting of aid, nor does it create a subjective right to obtain aid from the person concerned.

8. In the case of multi-annual aid, the lodging of the guarantee corresponding to the aid of that year shall be required for each annuity, applying all the requirements set out in the preceding paragraphs. 9. Once the effective justification for the implementation of the project or action has been made, the management body may authorise the cancellation of the guarantees provided, without prejudice to the responsibilities which may be the beneficiary is required.

Twenty. Payment.

1. Grants and loans shall always be paid prior to the implementation of the project or action, after the granting of the grant decision, without prejudice to their compatibility with the payment scheme to be authorised.

2. For payment of the aid, a final account must be opened in such a way that any recovery or payment, under the aid granted, is made through this account. 3. The payment of the aid, both of the first annuity and of the successive annuities if it is of a multiannual nature, shall be conditional on the existence of a record on the part of the managing body that the beneficiary fulfils all the conditions laid down in the Article 34 of the General Grant Law. The accreditation of the current of the tax obligations and the Social Security will be carried out according to the provisions of Articles 18, 19 and 22 of the Royal Decree 887/2006, of 21 July for which the Law of the Law is approved 38/2003, of November 17, General of Grants. In accordance with Article 23 of the General Law on Grants, the beneficiary's submission of the application shall entail the authorization of the managing body to obtain the certificates to be issued by the State Administration Agency. Tax and the General Treasury of Social Security. 4. In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to provide the appropriate certificates within the maximum period of one month from the day following the notification of the requirement. 5. Case of multi-annual aid, the payment of the second annuity and successive payments shall be conditional on the verification of the fulfilment of objectives by the economic technical justification of the previous year.

Twenty first. Justification.

1. The justification for the aid shall be made in accordance with Article 30 of Law 38/2003, General Subventions, and, where appropriate, as laid down in the applicable rules of Community funds of the European Union, in the assumption that such a call was co-financed by those funds.

2. The expenditure provided for in the project or action to be assisted shall be carried out in each of the years for which the aid is granted. The justification shall be made in the form of supporting account with the contribution of supporting documents as provided for in Article 72 and 73 of the Regulation of Law 38/2003, General of Grants. The presentation of the above documentation shall be made from 1 January until 31 March of the subsequent immediate year, by delivery to the competent body for the verification of the performance of the performance. The investment and expenditure or commitment of expenditure envisaged may not be made before the application for aid is submitted and must be from 1 January to 31 December of the year for which the aid is granted. However, the payment documents issued by the beneficiary may have a later maturity date provided that date falls within the time allowed to present the supporting documentation. 3. Translate five years in the case of creation of the Technology Centre and three years in the case of consolidation, counted from the date of resolution of this aid, shall provide a justification for compliance with the minimum requirements defined in the second paragraph .3 of this order. 4. The aid beneficiary shall be obliged to provide the checks aimed at ensuring that the project or action concerned is properly carried out. It shall also be subject to financial control activities corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors. 5. The calls for aid may provide for the submission by telematic means of the supporting documents for the implementation of the project or action, in some or all the forms of justification provided for in Chapter II of Title II of the Regulation of Law 38/2003, General of Grants. In such cases, the call shall indicate the documentation to be provided and the internet address where the detailed instructions for the telematic presentation and the corresponding forms are given. Where the calls provide for the telematic presentation of the supporting documentation, it shall be understood that this modality extends both to the initial submission, within the period indicated above, and to any possible sub-sanations. requested from the beneficiaries by the managing body. The telematic presentation does not exempt the beneficiaries from retaining the originals of the supporting documents, audit reports, etc., in case they are subsequently required by the aid managing body or by other bodies. to do so (General Intervention of the State Administration, Court of Auditors, etc.). 6. Subsequent to the presentation of the documentation referred to in point 1, the relevant technical-economic verification shall be carried out. If the same demonstrates the fulfilment of the requirements laid down in the decision granting the aid, it shall, in the event of the existence of guarantees, be returned to them. If, as a result of the verification, the eligible investment has been lower than the approved investment or that the purposes for which the aid was granted have been completely or partially breached, the interested party shall be notified of that fact. the results of the verification carried out and the procedure for full or partial recovery of the aid shall be initiated, in accordance with the provisions of Chapter II of Title II of Law 38/2003 of 17 November, General of Grants, which includes the process of hearing the person concerned. 7. The granting of the aid, after the technical and economic verification, shall be certified as proof of the fulfilment of the purposes which justified the granting of the aid. Such certification shall be necessary for the initiation of the procedure for reintegrating or returning guarantees, if any.

Twenty-second. Failure to comply with the requirements set out in this order and other applicable rules, as well as the conditions which, where appropriate, have been established in the relevant concession resolution, give rise to the loss of the right to the recovery of the aid or, where appropriate, prior to the appropriate recovery procedure, to the obligation to return the aid received plus the interest for late payment, in accordance with the provisions of Title II, Chapter I of Law 38/2003, General of Grants and Title III of its Rules of Procedure.

In the case of multi-annual projects, the justification for each of the annuities shall be analyzed, as the above paragraph applies. The beneficiaries of the aid will be subject to the responsibility and sanctioning regime which, in the case of administrative infringements, lay down Articles 52 et seq. of Law 38/2003 of 17 November 2001. Grants. Twenty-third. Criteria for the Graduation of the possible breaches of the conditions imposed by the granting of aid. -In accordance with Article 17.3 (n) of the General Law on Subsidies, the following criteria for the graduation of the possible breaches of the conditions imposed by the granting of the aid:

1. The total non-compliance, or below 50 percent of the purposes for which the aid was granted, the realization of the financial investment or the obligation of justification, shall give rise to the 100 percent refund of the aid granted.

2. The partial non-performance of the purposes for which the application for the realisation of the financial investment was made, or of the obligation of justification, will give rise, in accordance with the principle of proportionality, to the partial recovery of the aid in the percentage corresponding to the investment not made or not justified. 3. However, the partial non-compliance shall result in 100 per cent of the aid granted if:

(a) Creation of centres: within five years from the date of resolution of this aid, the centre does not meet the minimum requirements laid down in paragraph 3 of this order, or is not registered in the Register of Innovation and Technology Centres.

(b) Consolidation of Centres: within three years from the date of resolution of this aid, the centre does not meet the minimum requirements laid down in paragraph 2. 3 of this order.

4. The delay in the filing of the documents to justify the realization of the financial investment will give place, after 15 days after order of the instructor, to the loss to the right to the collection or recovery of the 100 per cent of the aid granted, in accordance with Article 70.3 of the General Grant Act Regulation.

5. The carrying out of unauthorized modifications in the financial budget will result in the return of the diverted amounts. These criteria will apply in order to determine the amount to be recovered from the beneficiary and respond to the principle of proportionality.

Twenty-fourth. Applicable rules.-The aid referred to in this order, in addition to that provided for in this order, shall be governed by the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of the Articles 87 and 88 of the Treaty on de minimis aid, Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to regional investment aid, the EC Regulation No 70/2001 of the Commission of 12 January 2001 concerning the application of Articles 87 and 88 of the EC Treaty to aid State aid to small and medium-sized enterprises, 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 Law 38/2003, December 17, General de Subventions and its Rules of Procedure, adopted by Royal Decree 887/2006 of 21 July, as well as the other rules applicable to them.

Single end disposition. Entry into force.

This order will take effect the day following its publication in the "Official State Gazette". Madrid, 4 July 2007. -Minister for Industry, Tourism and Trade, Joan Clos i Matheu.

ANNEX I

(a) Studies that permit to know the technical-economic feasibility of the new Technology Centers and of the centers that are consolidated. It will be valued:

1. Quality and level of commitment of the promoters.

2. Degree of definition of the feasibility study proposal. 3. Degree of adequacy of the proposed Technology Center to existing demand. 4. Justification of the creation of the Technology Center based on the existing offer. 5. Strategic Objectives of the Technology Center.

All criteria from 0 to 5 will be scored with the same weight. (b) Projects aimed at the creation of Technology Centres or consolidation of existing centres to reach the level required by the technological demand of companies:

1. It will be the case that the applicants are excluded, that the applicants do not comply with the conditions set out in the second paragraph.

2. It will be valued:

1. Quality and level of financial commitment of the promoters (public and private).

2. The involvement of experienced agents in the development of the project. 3. Degree of definition of the proposal. 4. The Center's strategic objectives. 5. Degree of adequacy of the Technology Center to existing demand. 6. Justification of the creation of the Technology Center based on the existing offer. 7. The feasibility of the centre meeting the minimum requirements laid down in paragraph 2. 3 of this order in the time period referred to in that paragraph.

All criteria from 0 to 5 will be scored with the same weight. The first and seventh criteria must have a minimum of 3 points for the proposal to be considered eligible.