The economic outlook for mining is closely linked to the overall level of economic activity. Economic activity is also closely linked to the supply of mineral raw materials in adequate quantities, and with a reasonable guarantee of supply. Industrial production, which is a determining factor in economic development, is very dependent on the supply of mineral raw materials, in such a way that supply difficulties can cause a stranglehold on industrial activity and there is to take into account that the production of many mineral substances is concentrated in countries with a clear political risk, so that, if the European Union manages to reduce external dependence, the risks to the maintenance of industrial activity. On the other hand, the construction industries are large consumers of mineral raw materials and the majority of them come from local markets because they are the relatively high transport costs compared to the price of sale. In Spain, construction has had a very high growth in recent years which has produced a great demand for mineral substances that meet the requirements in quantity and quality to supply it, and the productive efficiency of the mining sector In the case of the construction industry, there has been a considerable increase in construction activity without a considerable increase in production costs, nor any strangulation due to a lack of supply of the mineral raw materials. On the other hand, in the mining sector, in an increasingly globalized market, increased competitiveness is necessary for growth and even for the survival of the sector. The European Union is a major consumer of minerals and is in deficit in most of the minerals. In such a situation, Spain, due to its geological characteristics, is one of the countries with the greatest potential of mineral resources in metallic mining, as well as ornamental rocks and industrial minerals. In addition, in recent years there has been a sharp increase in the price of metals mainly caused by the increase in demand for metals in the face of an offer which has not been able to supply the market with the necessary efficiency, There is a shortage of production in various metals. The experience acquired in the previous lines of aid to mining, in addition to the above, advises to join efforts and to adequately strengthen the investigation of new deposits of minerals whose exploitation is economically and socially viable. This is particularly true in the case of metal mining, where in recent years, as has been pointed out above, tensions are being seen in the markets of some metals which justify increasing the investment effort in the search for of new deposits of metallic minerals. On the other hand, the continuation of support for restoration activities and elimination of the deterioration that mining activities produce in the environment, of all types of non-energy mining, is also desirable, since the conditions of the Environmental protection can be a brake on the development of the mining industry. As a result of the above, it is an objective of the administrative action in this area to support the following actions:

1. Geological-mining exploration and research aimed at locating new fields for the opening of new job centers. This seeks to encourage geologic-mining research in the areas with the greatest potential resources.

2. The exploration and geological-mining research without opening of new job centers. The aim is to encourage research to expand, know and define the mining reserves of holdings in activity which do not involve the opening of new work centres. 3. The attenuation of the negative impact that mining activities could have on the quality of the environment, by:

(a) Aid for investment in favour of small and medium-sized enterprises (SMEs) to comply with the new Community rules within three years of the adoption of the new rules.

(b) Aid for work or investment to be carried out and which involve exceeding Community environmental legislation. (c) Aid for work or investment to be carried out and which would reduce the polluting effect of mining activities where there is no Community environmental legislation.

Article 8 of Law 38/2003 of 17 November, General Grants, provides that grants shall be awarded under the principles of publicity, transparency, competition, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the granting and efficiency administration in the allocation and use of public resources.

Moreover, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as the General Law of Grants, point out the essential requirements for to ensure the impartiality of the procedure and the exercise of its rights to those administered. By this order, the system of aid for geological-mining exploration and research and the improvement of the environment in relation to non-energy mining activities, with the approval of the Commission, is updated. European, in the terms set out in the Commission Decision of 8 May 2007 on the dossier 'State aid No 684 /2006-Spain', on the modification of the scheme 499/04 on aid for mineral exploration and the environment. In accordance with the provisions of that Decision of the Commission of 8 May 2007, the aid scheme set up in this order shall apply from 1 January 2007 and up to 31 December 2011 at the latest, calls for tenders to be published annual accounts for each of the financial years. Finally, the approval of this order is carried out by virtue of the powers of the State in terms of bases and coordination of the general planning of economic activity and on the basis of the mining and energy regime attributed by the Article 149.1.13. and 25th of the Constitution. In its virtue, I have:

First. The purpose of the aid is to assist the geological-mining and environmental research and exploration projects. Projects should be directed to non-energy mineral raw materials and should be developed in the national territory.

In Annex I of this order, the specific actions that can be supported in each of the specific areas are specified. In the case of environmental projects, investments for the improvement of the contaminated industrial facilities referred to in Article 38 of the Community guidelines on State aid for environmental protection will not be eligible for aid. Environment (2001/C 37/03). Second. Allocation of the aid. -The budgetary appropriations to which the aid is to be allocated shall be those laid down in its call for aid. Prior to the call, the file for authorization of expenditure shall be processed as provided for in Article 34.1 of Law 38/2003 of 17 November, General of Grants. Third. Beneficiaries.

1. They may be eligible for the aid provided for in this order: (a) public or private undertakings.

(b) The groupings of such undertakings. c) Nonprofit institutions.

In addition, the companies or institutions mentioned above must be holders of mining domain object of the project in any of the forms mentioned in Law 22/1973, of July 21, of Minas.

2. No companies, groups or institutions shall be eligible for any of the prohibitions laid down in Article 13 of Law 38/2003 of 17 November, General of Subventions. 3. These are the beneficiaries ' obligations:

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

(b) Justify before the granting body or the contributing entity, where appropriate, the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the grant or The subsidy is granted. (c) to be subject to the verification measures to be carried out by the granting authority or the contributing entity, as appropriate, and any other financial verification and control which may be carried out by the competent control bodies; national as a Community, providing all information required for the exercise of the above actions. (d) to communicate to the granting body or the contributing entity other grants, aid, revenue or resources to finance the activities supported. This communication must be carried out in advance of the justification for the application given to the funds received. (e) Credit with the application for the subsidy which is current in the performance of its tax obligations and in the face of Social Security, and without prejudice to the provisions of the additional 18th of Law 30/1992, of 26 November, the Legal Regime of Public Administrations and the Common Administrative Procedure. (f) Dispose of the accounting records, completed records and other documents required in this order, duly audited, in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, with the the purpose of ensuring the proper exercise of the powers of verification and control. (g) Keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of verification and control actions. (h) to give adequate publicity to the public nature of the financing of any programme, activity, investment or performance which is the subject of the grant. (i) Proceed for the reimbursement of funds received in cases where this is the case.

Fourth. Subcontracting of the activities supported by the beneficiaries.

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

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

i) To report on the application of the grant of the activities to be subcontracted and to justify their need.

ii) That the contract be concluded in writing. (iii) The granting of the grant by the body grants the conclusion of such a contract.

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

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

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

1. The contracting is performed according to the normal market conditions.

2. That the request for such a circumstance should be reported and its need be justified. 3. The authorization of the granting authority shall be obtained in the decision granting the grant.

v) Persons or entities applying for aid or grant on the same call and programme, who have not been awarded a grant for not meeting the requirements or not achieving sufficient valuation. Fifth. Applications.

1. The interested parties will submit their application and documentation to the General Directorate of Energy Policy and Mines, in the General Register of the Ministry of Industry, Tourism and Commerce (Paseo de la Castellana 160). 28071 Madrid), or in any of the forms provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and 2 of Royal Decree 772/1999, of 7 May, according to the model in Annex II-1.

The interested parties will also be able to submit the application for aid, questionnaire and memory to the Telematics Registry of the Ministry of Industry, Tourism and Commerce by electronic signature. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid. The filing of the application with electronic signature will allow access, with the same certificate, to the Telematics Registry of the Ministry of Industry, Tourism and Commerce, where the documents presented and the state of processing will be consulted. of the dossier. It shall also accept the acceptance to receive all communications and notifications which are made during the processing of the electronic file through the Telematics Register, in accordance with the provisions of Order ITC/3928/2004, of 12 November. In addition to the publication of communications and notifications through the Telematics Registry, an additional system of alerts will be made available via e-mail, SMS messages, or fax. 2. The application shall conform to the model in Annex II-1 of this order and shall accompany the following documentation:

(a) Photocopy of the tax identification number, individual business card or legal persons and entities in general, established in accordance with the provisions of Decree 2423/1975 of 25 September 1975, regulates the identification code of legal persons and entities in general.

(b) Where the application is not signed by the person concerned, the signatory who, if it contains a permanent delegation of powers, must be registered in the Register, as well as the writing of the constitution or amendment, where appropriate, of the company registered in the Trade Register, in the case of legal persons, or the national identity card of the individual employer. (c) Membership of the company and full audit report on the annual financial statements of the last two years immediately preceding (if it has an obligation to be audited). (d) the investment projects, adjusted to Annex III and developed according to the index of the project's memory. (e) Declaration of aid relating to the same project granted, or in the process of being granted, by the European Union or any other national or international government or public authorities. (f) a declaration that no aid has been granted which has been declared illegal or incompatible by the European Commission or, where appropriate, if it has received such aid, it has been reimbursed or paid in a blocked bank account; in particular, with regard to the following aid measures, declared illegal and incompatible by the European Commission: Tax aid -Alava I, Alava II and Alava III (cases CR 48/99, CR 49/99 and CR 58/00); Tax aid -Guipúzcoa I, Guipúzcoa II and Guipúzcoa III (cases CR 50/99, CR 53/99 and CR 59/00); Tax aid -Vizcaya I, Vizcaya II and Vizcaya III (cases CR 52/99, CR 54/99 and CR 60/00); Rio Tinto (case CR 38/2001). (g) Declaration that it is not in a period of restructuring according to a decision of the European Commission for the authorisation of restructuring aid to a firm in difficulty. (h) Certificate of being aware of their tax obligations and of social security. In accordance with Article 22 (4) of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the the authorisation of the applicant to obtain directly the accreditation of compliance with tax obligations and with social security through telematic certificates. However, the applicant may expressly refuse consent, and must provide such certification when required by the Administration.

3. If any of the documents referred to in paragraphs 2.a) and 2.b) of this paragraph have been submitted by the petitioner to the Ministry of Industry, Tourism and Trade for the preceding five years, it shall be sufficient to state that that circumstance by pointing to the date and the administrative body before which it was lodged.

In the cases of material impossibility of obtaining such documents, duly justified in the file the competent body may require the applicant to submit it or, failing that, the accreditation by other (a) means of the requirements referred to in the documents, prior to the formulation of the motion for a resolution. 4. Where the project or action covered by the application is longer than one year, separate applications shall be submitted for each financial year.

Sixth. Instruction.

1. The competent authority for the management and instruction of the concession procedure shall be the General Subdirectorate of Mines, which shall examine the applications and documents annexed to it and shall make the request for any reports it deems necessary. to resolve, requiring the person concerned to, where appropriate, remedy the absence or accompany the required documents within 10 days, indicating that if he does not do so, he shall be given a withdrawal of his request.

2. The General Secretariat of Mines shall forward, together with the rest of the dossier and its own report, the applications to the Commission for the technical assessment of the grants, which shall resolve in a single procedure by comparison between the applications, in accordance with the procedure for granting a competitive competition established in Chapter II of Title I of Law 38/2003 of 17 November, General of Subventions. 3. The General Secretariat of Mines, in the light of the dossier and of the Commission's report on the technical assessment of subsidies, shall make a proposal for a resolution, which shall be notified to the parties concerned.

Seventh. Commission for the technical assessment of subsidies.

1. The Commission for the technical assessment of grants shall assess the applications received and shall set out in the draft resolution the specific conditions to be met by the beneficiary.

2. The Commission for the technical assessment of grants shall be chaired by the Director-General for Energy Policy and Mines. The Deputy Director General of Mines will be Vice President. A Cabinet official from the General Secretariat of Energy, an official from the Cabinet of the Minister, an official from the Technical General Secretariat, and two officials from the General Secretariat of Mines will be vocal. Mr President, Mr President-in-Office of the Council, Mr President-in-Office of the Council, Mr President-in-Office of the Council, Mr President. 3. The legal system of the Commission is set out in Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Eighth. Criteria for the assessment of aid.

1. The Commission for the technical assessment of grants shall assess, in a single procedure, applications by comparing them in competitive competition, in the light of the project's actions and objectives.

2. In Annex I, the priority criteria for each of the aid lines are specified, but regardless of these criteria, in the event that a particular call for budgetary constraints cannot be met by all the Member States. applications submitted in spite of all the requirements laid down in this order shall be considered to be preferential when fixing the percentage of the grant to be granted and the number of projects to be supported by the exploration projects and Geologic-mining research with respect to environmental projects and, within the first projects of exploration and geologic-mining research aimed at locating new fields for the opening of new centers of work regarding the projects of exploration and geologic-mining research without opening of new centers of work. In addition, in the projects of geologic-mining research, both with openness and without the opening of new job centers, the metal mining projects can be considered as preferred. These general preference criteria, together with the preference criteria according to the type of project set out in Annex I, and the technical and economic feasibility of the project submitted, shall be weighted as set out in Annex IV to this Regulation. this order.

Ninth. Amount of aid.

1. In order to determine the amount of aid to be granted, account shall be taken, inter alia, of the rules laid down by the European Union. In particular, in the case of environmental projects, the provisions of the Community guidelines on State aid for environmental protection (2001/C 37/03) are not expressly provided for in this order.

2. The projects covered by this order may be subsidised as follows:

Projects for exploration and geologic-mining research aimed at locating new fields for the opening of new workplaces, with the following amounts: a.1) Up to 60 percentage points with a reintegrable character of the investment considered eligible.

a.2) Up to 20 percentage points at the bottom of the investment considered eligible. This percentage will be increased by 10 percentage points if it is a geologic-mining research project of metallic mining.

The percentages referred to in paragraphs (1) and (2) may also be increased by 10 percentage points in the case of small and medium-sized enterprises (SMEs).

The company may choose one of the two options provided for in the preceding paragraphs (a.1) and (2)) at the time the aid application is submitted. b) Projects for exploration and geologic-mining research without opening of new job centers, up to 20 percentage points, at a loss, of the investment considered eligible, and it will be possible to increase by 10 percentage points when In the case of small and medium-sized enterprises (SMEs) and an additional 10 percentage points in the case of geologic mining research projects. (c) Environmental projects:

c.1) Up to 15 percentage points in the case of small and medium-sized enterprises (SMEs) in order to comply with the new Community rules, up to 15 percentage points.

c.2) Up to 30 percentage points, at a loss, of the investment considered eligible, in the case of investments or actions undertaken to overcome the Community environmental regulations or actions where there is no Applicable Community environmental legislation. It may be increased by 10 percentage points in the case of small and medium-sized enterprises (SMEs).

In case a.1) and, if the aid granted has a reintegrable character, if the result is positive, the aid will be fully reintegrated. The guarantee to ensure the reintegrable nature of the aid will be the mining right itself which is the subject of the investigation, and the establishment of a bank guarantee is not necessary. The refund shall be made in a period not exceeding 10 years. In no case will their return be required before five years. The grant will be reintegrated into half-yearly payments from the fifth year and up to the 10th year. At any time the company will be able to return the subsidy and will only have to reintegrate the total amount of the grant.

If the result is negative, the successful tenderer may choose to either proceed with the total return of the aid received and retain his or her mining rights, in which case the aid received would be a lost fund. In addition, in this type of project, the result of the investigation can be described as favourable to continuing the investigation when, as a result of the activities carried out in an exercise, the outcome of the investigation cannot be defined. positive, not negative, but what is appropriate is to continue to investigate. In this case, the payment shall be made after the lifting of a partial declaration of verification of the investments made after the establishment of a bank guarantee, or by taking as a guarantee the mining rights with which a possible guarantee shall be guaranteed. the future of the grant awarded when the result of the investigation is defined as positive, which will be carried out in the year in which the final act of verification of the subsidised investments is lifted, where only the result as positive or negative. They shall be considered as small and medium-sized enterprises (SMEs) in accordance with Commission Recommendation 2003 /361/EC of 6 May 2003 on the definition of micro, small and medium-sized enterprises (Official Journal of the European Union L 124, 20 of May 2003), which meet the following requirements:

To employ less than 250 people and whose annual turnover does not exceed EUR 50 million or whose annual balance sheet does not exceed EUR 43 million.

The calculation of the number and limits in the case of associated or related companies is carried out in accordance with Article 6 (2) and (3) of the Annex to the Commission Recommendation.

3. Both the granting and the amounts of the aid will be subject to the availability of the corresponding credit in the general budget of the State which is approved annually.

4. The maximum amount of aid granted to a project under this order shall in no case exceed EUR 500 000.

10th. Accumulation of aid. The maximum percentage of aid awarded to a project by adding the public aid granted by any public body shall be as follows:

In the geological-mining exploration and research projects aimed at locating new fields for the opening of new job centers and in the case of the application of the reintegrable grant of 60 percentage points, the The perception of aid according to this order will be incompatible with the perception of another aid plus 10% in case of being a small and medium enterprise (Pyme). In the case of a grant of 20 percentage points to a lost fund, the maximum percentage will be up to 20 percentage points, and can be increased by 10 points in case of small and medium-sized enterprises (SMEs) plus 10 other points. If this is a project of geologic-mining of metal mining.

In the projects of exploration and geologic-mining research without opening new job centers, up to 20 percentage points, and it will be able to increase by 10 percentage points if it is a small and medium enterprise (Pyme) more another 10 points if this is a project of geologic mining of metal mining. In the case of environmental projects, the subsidies granted under this order cannot be cumulated with other aid or with other Community contributions, if such cumulation leads to an aid intensity. greater than the one specified in this order. In the case of other grants for different purposes relating to the same eligible costs, the most favourable aid ceiling shall apply.

11th. Procedure for hearing.-The request for assistance by the Commission referred to in paragraph 6 of this order shall be assessed, the Registrar shall transfer the results of the assessment process to the instructor in order to put the knowledge of the parties concerned with the terms of the motion for a resolution so that within 15 working days they shall make the arguments which they deem appropriate and express their acceptance, where appropriate.

12th. Resolution.

1. Substantial the hearing procedure referred to in the previous paragraph, and prior to the processing and approval of the expenditure commitment file, will be given the corresponding resolution of the granting by the Minister of Industry, Tourism and Trade, without prejudice to the delegations on the subject and in accordance with the rules in force. The decision shall be reasoned in accordance with the provisions of the rule governing the convocation, and the basis of the decision to be adopted shall be accredited in the proceedings. The maximum period for resolving and notifying the decision shall be six months from the date of publication of the relevant notice.

2. The grant decision shall include the amount and breakdown of the eligible investment, the amount of the aid granted, its multiannual distribution, where appropriate, and the obligation on the part of the recipients of aid under the expenditure budget of the Ministry of Industry, Tourism and Trade to express this circumstance in its references to projects or actions and achievements. The decision of the procedures for granting aid must be expressed by the applicant or by the relationship of the applicants to whom the aid is granted and the amount granted. The granting of aid with a multiannual distribution shall be conditional, for the subsequent years to which the decision is made, on the existence of the corresponding budgetary appropriations. 3. The decision to grant may lay down technical or economic conditions of compulsory observance for the implementation of the eligible project or action, as well as the requirement for the presentation of an audit of the results obtained or any other information deemed necessary. 4. The decision to grant shall be notified to the applicant with an indication of the time limits for the implementation of the project which is intended to be subsidized in accordance with the provisions of Articles 58 and 59 of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure. 5. The "Official State Gazette" shall publish the list of aid granted, expressing the programme, budget concept, holder and purpose of the aid. 6. Transactional six months from the date of publication of the call, without any resolution, the application shall be deemed to be dismissed. 7. The resolution shall terminate the administrative route.

13th. Payment of the aid.

1. For the payment of the aid under this order, the beneficiary shall request it from the Directorate-General for Energy Policy and Mines, together with an updated accreditation to be found in the light of its tax and security obligations. Social, in the terms set out in Articles 22 to 24 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

2. When an account payment is requested, a partial certification of the value of the work performed, extended by the organ where the request for assistance was addressed, will be submitted. This payment must be guaranteed on the same terms as in the third paragraph. 3. In the case of the last payment, the beneficiary shall request the body to which the aid application has been lodged to extend the audit report, after completion of the project, which he shall sign together with the beneficiary or his representative. One of the copies of the minutes, together with the documentation referred to in point 1 of this paragraph, shall be forwarded to the Directorate-General for Energy Policy and Mines.

14th. Advance payment of aid.-In reasonable and justified cases, upon request by the person concerned, the aid granted each year may be paid, in whole or in part, before the project or action is carried out. In the event that the advance payment is granted, the beneficiary must provide proof of the lodging of a guarantee in the Deposit Box in any of the procedures laid down in the said box and with the requirements laid down for the for the amount of the aid granted and anticipated and interest for late payment, from the time of the advance payment to the date of completion of the project. The provisions of Article 38.2 of Law 38/2003 of 17 November, General of Grants, shall be deemed to be in the interest of delay.

The warranty will be released when the accreditation takes place that the source activity of the help has been performed. The application for the benefit referred to in the preceding paragraphs may be made at the time of accepting the proposal for a resolution of the aid, in accordance with the procedure laid down in paragraph 10. Fifteenth. Withholding of payment.-The Ministry of Industry, Tourism and Commerce will retain the outstanding payments to the beneficiary in the event that the beneficiary has to pay back other aid that would have been declared illegal or incompatible with the European Commission. This retention shall be made in accordance with the provisions of Article 35 of Law 38/2003 of 17 November, General of Grants. Sixteenth. Justification.

1. The beneficiary of the aid must carry out the investments in the period from 1 January to 31 December corresponding to the year of the annual call and the payment of the same must have been made before 31 March of the year. exercise following that of the call, unless there are exceptional grounds for preventing compliance with the deadlines referred to above and which must be justified by a request addressed to the Directorate-General for Energy Policy and Mines before 31 December of each financial year in which the investment is to be made. That Directorate-General may, where appropriate, accept them by means of a reasoned decision; the maximum period shall be 15 May of the following financial year for the purposes of the implementation of the investments and for the payment of the investments.

2. In addition, the beneficiary shall be obliged to provide the checks aimed at ensuring the proper implementation of the subsidised action. It shall also be subject to the financial control activities corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors. 3. In general, the justification for the investments shall be made by means of the supporting account with the contribution of supporting documents as provided for in Article 72 of the Regulation of Law 38/2003 of 17 November 2001. Grants, approved by Royal Decree 887/2006 of 21 July, in addition to the provisions referred to in that article, the justification of the work carried out, if carried out by the Company itself, shall be made by certification of the the mining operation, which shall include the activity in question, the degree of implementation and the unit and total labour costs and materials used. If the work is done by hiring, the corresponding invoices, payment documents (heel, pay, letter, etc.) and bank seat will be attached.

seventeenth. Default.

1. Concurrent procurement of grants or aid granted by other public or private, national or international administrations or entities, as well as in exceptional and duly justified cases, changes in the eligible investment approved, may give rise to the amendment of the granting decision. In the latter case, the changes in the eligible investment, which should only be admitted exceptionally, must be applied for and motivated by the undertaking before the end of the period for the investments to be made on 31 December. December of each year.

2. The aid shall be revoked, as well as the reimbursement of the amounts received and the requirement of interest for late payment, from the time of payment of the aid, in the cases and in the terms provided for in Article 37 of the said General Law of Grants. 3. They will have the consideration of infractions and will be sanctionable the behaviors that are included in Title IV of Law 38/2003, of 17 November, General of Grants. 4. As regards the graduation criteria for possible breaches of the conditions under the grant of grants, pursuant to Article 17 (3) (n) of the Law 38/2003, of 17 November, General of Grants, the following:

1. The total non-compliance of the purposes for which the aid was granted, the realisation of the financial investment or the obligation to justify it, will result in 100% of the aid granted.

2. The partial non-performance of the purposes for which the aid application was submitted, the realisation of the financial investment or the obligation to justify it, will give rise to the partial reimbursement of the aid allocated in the percentage corresponding to the investment not made or not justified. 3. Under Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July, after the established time of justification without having been presented the beneficiary is required to be submitted within the term of 15 days. Failure to submit the justification within the time limit set out in this paragraph shall entail the requirement for reimbursement and other responsibilities laid down in the General Grant Act. The submission of the justification within the additional time limit laid down in this paragraph shall not exempt the beneficiary from the corresponding penalties under the General Grant Act. 4. The carrying out of unauthorised modifications in the financial budget, will involve the return of the amounts diverted.

These criteria, which correspond to the principle of proportionality, will be applied in order to determine the amount to be reintegrated into the beneficiary.

Eighteenth. Conventions.-For the implementation of the aid scheme governed by this order, agreements may be established with the autonomous communities to which they agree. Nineteenth. Compatibility with other aid.-The aid granted under this order is without prejudice to those which, in the exercise of their respective powers and under their relevant budgets, can be granted by the Community (a) the limits referred to in paragraph 8 of this order shall be respected in any case. Twenty. General rules.-The aid referred to in this order, in addition to that provided for by this order, shall be governed by the provisions of Law 47/2003 of 26 November, General Budget, by Law No 30/1992 of 26 November 1992 on the Legal of Public Administrations and of the Common Administrative Procedure and Law 38/2003 of December 17, General of Grants and other rules that are applicable. Twenty-first. Temporary validity.-The aid scheme established by this order shall remain in force until 31 December 2011.

Repeal provision. Regulatory repeal.

Order ITC/1929/2005, dated 17 June, is hereby repealed, approving the regulatory bases for the granting of aid for geological-mining exploration and research and for mining activities in the environment, energy.

Final disposition first. Calls for aid.

Once the entry into force of this order has been produced, the aid for the 2007 and successive financial year shall be called in accordance with the regulatory bases which are hereby approved.

Final disposition second. Entry into force.

This order will take effect the day following its publication in the Official State Gazette.

Madrid, 13 June 2007.-The Minister of Industry, Tourism and Trade, Joan Clos i Matheu.

ANNEX I

1. Exploration and geologic-mining research aimed at locating new fields for the opening of new job centers.

1.1 Objectives. -They will be able to obtain aid projects of exploration and geological-mining research aimed at locating and/or evaluating new mineral resources and that are not included in section 2.1 of this annex.

1.2 Preferred Projects. -These projects will be preferred:

1. What of the technical documentation provided will be deduced that there are rational possibilities for defining mineral resources susceptible to mining exploitation.

2. To develop in areas where there is a basic geological-mining infrastructure that allows to project the successive phases of research on known resources. 3. The question of mineral substances whose production is concentrated in few producers worldwide.

The technical and economic feasibility, the technical capacity and the human team of the project and the type of projected research actions will also be assessed for each of the above criteria.

In addition, without prejudice to the above criteria, the project will be considered as a continuation of a multi-annual research supported in previous years. 1.3 Eligible investments-the work and equipment necessary for the implementation of the project will be eligible.

2. Exploration and geologic-mining research without opening of new job centers.

2.1 Objectives. -They will be able to obtain grants for exploration and geological-mining research projects aimed at increasing, knowledge and selection of mining resources from a working operation. In order to be eligible for this type of subsidy, it will also be necessary for new geological resources to be used to increase or improve production in a working centre which the company has in place, not being able to accept this paragraph if the The aim of the research is to open a new centre of work.

2.2 Preferred projects. -There will be preferential consideration for projects where, to a greater extent, it is envisaged:

1. When of knowledge and possible increase of reserves depends to a high degree the viability of the company and the stability in the employment.

2. º That of knowledge and selection of the mining resource depends to a high degree, the profitability of the company. 3. The fact that the research to be carried out can result in an increase in reserves that can clearly lengthen the life of the farm. 4. To add new reserves in order to achieve a clear improvement in the profitability of the company.

The technical and economic feasibility, the technical capacity and the human team of the project and the type of projected research actions will also be assessed for each of the above criteria.

Without prejudice to the above criteria, it will be considered if the project follows a multi-annual research supported in previous years. 2.3 Eligible investments-investments in geologic-mining infrastructure, the work and equipment necessary for the implementation of the project, but not the machinery and costs of the production process of the project will be eligible. exploitation.

3. Environment.

3.1 Objectives. -They will be able to obtain grants for projects or actions, which attenuate the impact of mining activities on the environment provided that they are in one of the following cases: a) Jobs or investments for comply with the new Community rules within a period of three years from the adoption of the new rules (only applicable to Smes).

b) Jobs or investments to be carried out and which involve exceeding the Community environmental legislation. (c) Work or investments to be carried out and which involve reducing the polluting effect of mining activities where there is no Community environmental legislation.

3.2 Preferred projects. -They will have preferential treatment for the rest, those aid projects in favour of small and medium-sized enterprises (SMEs) to comply with the new Community rules within three years from the adoption of the new legislation.

Regardless of the preference criterion expressed in the previous paragraph, preference will be given to projects that will improve the required performances and in the following order:

1. To encourage the introduction of environmental management systems.

2. To encourage environmental audits in mining companies. 3. To be directed to rehabilitate or restore areas that could potentially pose problems with serious environmental consequences. 4. The conditioning of balsas of mining waste with dangerous substances. 5. Decline pollution of discharges to public channels or to the atmosphere. 6. The conditioning and restoration of active tailings. 7. º Conditioning and restoration of abandoned tailings.

3.3 Eligible investments. -Investment in infrastructure will be eligible; tailings, construction and equipment for rafts; treatment and treatment equipment for discharges and mining waste; as well as the work and equipment necessary for the execution of the project, but not the machinery and costs of the production process of the farm. The eligible costs shall be strictly limited to the costs of the additional investments made to achieve the environmental protection objectives.

Here are several images in the original. See the PDF document for this disposition.

ANNEX IV

Evaluation criteria and their weight

The assessment process will take into account the general preference criteria set out in the eighth section of this order establishing the regulatory bases as well as the preferred projects defined in the Annex I of this order, in addition to the technical and economic feasibility of the submitted project. The weight of the entire set of criteria is as follows:

1. Adequacy to the preference criteria set out in the eighth section of the order, up to 40 percent of the total score.

2. Matching the relevant preferred objectives and projects in each of the paragraphs of Annex I, up to 30 per cent of the total score. 3. Technical, economic and financial feasibility of the project, up to 30 percent of the total score.

The evaluation process will require the subdivision of these criteria into sub-criteria that will facilitate the scoring assignments in an objective manner and that will be established by the competent authority for the instruction of the procedure, in agreement with the Commission for the technical assessment of the grants