Order ITC/2234/2006 of 5 July establishing the basis for the granting of aid for the implementation of certain actions for the development of the Information Society in the framework of the Plan It goes on, runs until December 31, 2010. Order ITC/2234/2006, dated 5 July, excluded the territorial authorities from the status of beneficiaries of the aid. However, the high number of existing local authorities and the role they play in the development of the information society in our country make it appropriate to include and adapt the requirements of applicants and beneficiaries to the peculiarities of these entities. Moreover, the entry into force of the Regulation of Law 38/2003 of 17November, General of Grants, approved by Royal Decree 887/2006 of 21 July, makes it appropriate to adapt to the wording of the Order ITC/2234/2006, of 5 July, in concerning the weighting of the criteria for the assessment of applications, the exemption scheme for guarantees for the payment of aid, the possibility of submitting responsible declarations to establish compliance with obligations In the case of the Commission, the Commission will be in a position to take the necessary measures. withdrawal, withdrawal or failure to comply with the decision of the procedure, the telematic notification; the scheme of the justification of the aid and its verification and, finally, the reimbursement of the failure to comply with the obligation of justification. The requirement to credit the economic, technical and professional solvency to be a beneficiary is also deleted, as it is an unnecessary duplicity of the assessment of applications. In its virtue, I have:

Single. -Amendment of Order ITC/2234/2006 of 5 July establishing the basis for the granting of aid for the implementation of certain actions for the development of the Information Society within the framework of the Avanza Plan.

Order ITC/2234/2006 of 5 July establishing the basis for the granting of aid for the implementation of certain actions for the development of the Information Society in the framework of the Plan Progress is modified as follows:

One. Paragraph 4 (1) shall be read as

:

" 1. They may be beneficiaries of the aid provided for in this order: (a) legally constituted public or private entities governed by private law. The lack of profit must be explicitly recognised in the statutes or rules of operation of the entity.

(b) Local entities defined in Article 3 of Law 7/1985 of 2 April, Regulatory of Local Government Bases, and the Autonomous Communities of the Autonomous Communities, for having taken over the powers of their respective Provincial Diputations.

Applicants will prevent the language and content of the projects from being sexist. "

Two. Paragraph 4 (4) is worded as follows:

" 4. Where part of the project's implementation is subcontracted in the implementation of a project, the cost of subcontracting may not exceed 95% of the total cost of the project or action.

It is understood that a beneficiary subcontracts when it is aware of the total or partial execution of the activity that constitutes the object of the grant. It is outside this concept that the costs incurred by the beneficiary for the achievement of the subsidised activity itself must be contracted. Where the subcontracting exceeds 20% of the amount of the aid and the amount exceeds € 60 000, a written contract must be concluded between the parties, which must be approved in advance by the granting body. next:

(a) The beneficiaries must submit the contract in advance of the decision of the concession. The aid shall be deemed to have been granted and the contract shall be authorised by the granting authority where the beneficiary receives the decision to grant the aid.

b) Where the beneficiaries referred to in point 1 (b) provide that the time limits for the procedure for the award of the contract are not allowed to be submitted before the decision granting the aid, the they shall be brought to the attention of the granting body. In such cases, the granting decision will condition the authorization of the contract to be awarded in accordance with the provisions of the regulations of the Public Administrations. The contract and the statement of reasons for its award shall be submitted at the time of the aid. Subcontracting may not be carried out with persons or entities in which one of the circumstances set out in Article 29.7 of the General Grant Law is present. "

Three. The wording of paragraph 14 becomes as follows:

" 14th. Assessment and selection of applications. 1. Applications shall be the subject of an assessment procedure involving the competent body for the instruction of the procedure and the evaluation committees.

Considering that one of the objectives of the Plan Avanza is the coordination of actions of the General Administration of the State with other administrations, and taking into account the typology of the financial actions, the call may establish the participation of the relevant autonomous community in the assessment. In this case, the procedure's instructor must ask the autonomous communities for a report and assessment of the projects or actions to be carried out in each of them. 2. The results of the evaluations carried out by the instructor and, where appropriate, of the additional evaluations referred to in the previous point, shall be transferred to the evaluation committees. These commissions shall carry out the final evaluation report and proposal for the estimation or dismissal of the applications for project and action funding. 3. The assessment criteria and their weighting shall be as set out in the following table:

1.5

Criterion

Weight

Identification of project objectives and their adequacy towards achieving results explicitly identified.

1.5

The technical, economic, and financial quality and feasibility of the project.

1.5

Project results exploitation plan.

1.5

Degree of project innovation.

Socio-economic impact.

1.5

Territorial and demographic impact.

1.5

Integration of specific measures that promote gender equality.

0.5

Total

4. The composition of the evaluation committees will be as follows: President: The Director General for the Development of the Information Society.

Vice President: The Assistant Director General for Access to the Information Society. Vowels:

A representative of the Directorate General for the Development of the Information Society.

A representative of the Technical Cabinet of the Secretariat. A representative of the Cabinet of the Secretary of State for Telecommunications and the Information Society. A representative of the Cabinet of the Minister.

Secretary: An official of the Directorate General for the Development of the Information Society, appointed by its head, who will act with a voice but without a vote. In addition, the corresponding call may add to the aforementioned composition, vowels in representation of any agency of the General Administration of the State, according to the subject of the call and whenever they are not involved direct or indirect form. Taking into account that one of the objectives of the Plan Avanza is the coordination of actions of the General Administration of the State with other administrations, the call may also include representatives of Autonomous Communities or of the Local authorities in the evaluation committees. The participation of external entities and experts will also be possible.

5. The evaluation committees shall operate in accordance with Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. '

Four. Paragraph 15 (1) (1) shall be read as follows:

" 1. Once the Evaluation Committee has issued its report, the draft resolution, duly substantiated, shall be submitted by the instructor body, on which the applicant may make the arguments which it considers appropriate within the time limit. 10 days from the publication of the list in the Ministry's Aid Portal (www.mityc.es/portalayudas). The publication shall take all the effects of the notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, in relationship to competitive competition procedures. From this portal, those interested after identifying themselves in a telematic manner will be able to consult the proposals for a provisional and definitive resolution and the granting resolutions themselves. "

Five. Paragraph 16 (1) and (2) shall be amended as follows:

" 1. Once the relevant proposal for a final resolution is raised, the competent body will decide the procedure. Through the resolution, the granting of the grants, as well as the dismissal and the non-concession, due to withdrawal, waiver of the right or the material impossibility over-coming will be agreed upon. That resolution shall put an end to the administrative route.

2. It is for the Secretary of State for Telecommunications and for the Information Society, or the body to which he delegates, the decision to grant or refuse applications, in the light of the proposal for a final resolution. The decision of refusal shall be notified to each applicant. Applications shall be settled and published within a maximum of six months of the publication of the relevant call or, in the case of open calls, from the beginning of the period for the submission of applications. After the expiry of that period without the publication of the decision, the parties concerned shall be entitled to understand their requests. The publication of the final lists for granting aid shall be made on the Internet at the Ministry's Aid Portal (www.mityc.es/portalayudas), with all the effects of the notification given in accordance with Article 59.6. (b) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in relation to competitive competition procedures. "

Six. The 19th paragraph is worded as follows:

" 1. For the purposes of Articles 42.2 and 24 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the projects financed under this order of bases will have the Consideration of social action projects.

2. In the case of grants, as provided for in Article 42.2 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the beneficiaries are exempt from the provision of guarantees for early payment. 3. In the case of granting loans, the beneficiaries are also exempt from the provision of guarantees for the advance payment. "

Seven. Paragraph 20 is replaced by the following:

" Twenty-one. Payment of the aid. 1. Grants and loans shall always be paid prior to the implementation of the project or action, after the granting of the grant decision and provided that the beneficiary complies with the requirements laid down in Article 34 of the Law General of Grants.

2. The payment of the aid shall be conditional on the fact that the managing body is aware of the fact that the beneficiary complies with all the requirements laid down in Article 34 of the General Grant Law. To this end, in formulating the proposal for a provisional grant decision, the instructor shall require the applicant to provide the responsible statements within 10 days of the notification of the request. Article 24 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. In the case of a multi-annual estimate of aid, payments in subsequent years to that of the concession shall also be conditional on the fact that the managing body has established that the beneficiary complies with the the above requirements, which will be accredited by the responsible declarations provided for in Article 24 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. The payment of the first annuity shall be processed on the basis of the granting decision. The payment of the remaining annuities shall be conditional upon the receipt of the technical and economic performance reports to be established in the calls, as well as the available budgetary resources. However, and even if the project or action has a duration covering a number of years, the call may provide for payments to be made at one time and after the granting of the decision. '

Eight. The third paragraph is worded as follows:

" Twenty third. Justification. 1. The justification for the aid will be made in accordance with the provisions of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, according to the provisions on monitoring provide for the calls and, where appropriate, as laid down in the applicable rules of the Community Funds of the European Union, in the event that such a call is co-financed by those funds.

2. The justification by the beneficiary of the conditions imposed and the achievement of the objectives set out in the award decision shall take the form of a supporting account. The supporting account may take the form of:

(a) Supporting account with contribution of supporting documents. In this case, certified photocopies of invoices and other documents of equivalent probative value shall be permitted. The content of the account will be that provided for in article 72 of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of July 21 and its presentation will be made according to the models and instructions to be drawn up for each call.

(b) A supporting account with an auditor's report. In this case, the supporting account shall be accompanied by a report by an auditor of accounts registered as an exercise in the Official Register of Auditors. The report shall contain the result of the verification of the adequacy of the conditions for the granting of the supporting documents and the payment in which the subsidised project has been incurred. The supporting account shall be composed of:

b1) The memory of the actions, supporting the fulfilment of the conditions imposed in the grant of the grant, with an indication of the activities carried out and the results obtained.

b2) An abbreviated economic memory containing a representative state of the expenditure incurred in carrying out the subsidised activities, duly grouped together, and, where appropriate, the amounts initially (a) the amount and the amount of other revenue and subsidies which have been financed by the subsidised activity, with an indication of the amount and its origin, in accordance with the models and instructions laid down in each of the call.

The cost of the auditor's report will be eligible for the same percentage as the rest of the approved expenditure, provided that this cost has been included in the budget submitted with the aid application and that the beneficiary does not is obliged to audit its annual accounts.

(c) Simplified supporting account, where grants awarded are less than EUR 60 000 or the beneficiaries are State public entities subject to permanent financial control of the State General Intervention. The content of the supporting account will be that provided for in Article 75 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, and its presentation will be made in accordance with the models and instructions to be drawn up for each call.

3. The manner of presentation of the supporting account, except in cases where the simplified supporting account is applicable, shall be established on each call.

The expenditure provided for in the project or action to be supported must be carried out in the period for which the aid is granted. However, the supporting documents for such expenditure may be issued until the end of the period of surrender of the supporting account provided that the date of completion of the expenditure is reflected in the supporting documents within the justified period. The issuance of the supporting documents shall also be subject to such temporary limitation. 4. The supporting account shall be submitted on the dates and time limits laid down in the calls or, failing that, in the decisions granting the aid. The telematic presentation of the memories that are part of the supporting account shall be accepted in accordance with the instructions set out in the calls. As a general rule, the presentation of the above documentation shall be carried out from 1 January until 31 March of the immediate year following that of the performance of the activity, and shall be submitted to the body responsible for the procedure. For the allocation of indirect costs to the subsidised activity, a percentage of 15% shall be applied in respect of the expenditure of validly justified staff, without the need for supporting expenditure. 5. The granting authority shall carry out the verification of the documentary justification of the grant within six months from the day following the expiry of the time limit for the submission of the supporting account which is determine in each call. This check will comprise the following documents:

(a) The memory of the actions, supporting the fulfilment of the conditions imposed in the granting of the aid and the results obtained.

(b) The economic memory, with the ratio of expenditure and investments of the activity presented in accordance with the models and instructions set out in each call. (c) the auditor's report, in the case of a supporting account with the contribution of an auditor's report.

If, as a result of the verification, the financial investment has been less than the approved or that the purposes for which the aid was granted have been completely or partially breached, it will be communicated the fact that the person concerned together with the results of the verification carried out and the procedure for full or partial recovery of the aid is initiated, in accordance with the provisions of Chapter II of Title II of Law 38/2003 of 17 November 2003, General of Grants, which includes the process of hearing the person concerned.

6. After the documentary check, the aid agency shall issue a certificate of proof of compliance with the purposes which justified the granting of the aid. Such certification shall be necessary for the initiation of the refund procedure. 7. The certification referred to in the previous point is independent of the actions provided for in the annual audit plan and, in the case of supporting accounts with the contribution of supporting documents, the revision of the invoices or documents of equivalent probative value, to be carried out on the basis of a representative sample, as provided for in Articles 85 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, July 21. 8. In duly justified cases, at the reasoned request of the legal representative of the beneficiary before the end of the initial period of presentation, the granting authority may grant an extension of the deadline for submission of the The Commission shall, in accordance with Article 3 (1) of Regulation (EU) No 313/2014, submit to the Commission the following information: The granting or refusal of the extension must be carried out in the manner provided for in Article 49 of Law No 30/1992 of 26 November 1992. '

Nine. New wording is given to paragraph 20 (2) and 3:

" 2. The partial default of the purposes for which the aid was granted or the realisation of the eligible investment shall result in the partial reimbursement of the aid allocated to each beneficiary in the percentage corresponding to the investment not made. or not justified.

3. Pursuant to Article 70.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, after the period granted for the submission of the justification, the applicant has not been made, the applicant shall be required to submit it within the time limit of 15 days. Failure to submit within the prescribed period shall lead to the requirement for reimbursement and other responsibilities laid down in the General Grant Act. "

Ten. The seventh paragraph is worded as follows:

" Twenty-seventh. Applicable rules. In addition to the provisions of Law 38/2003, of 17 November, General of Subsidies, Law No 30/1992 of 26 November, of the Legal Regime of the Administrations, the aid shall be governed by the provisions of Law 38/2003 of 17 November. Public and the Common Administrative Procedure, Law 47/2003, of 26 November, General Budget, Royal Decree 887/2006, of 21 July, approving the Regulation of Law 38/2003, of 17 November, General of Grants and the other rules which apply. "

Single end disposition. Entry into force.

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

Madrid, 27 February 2007.-The Minister of Industry, Tourism and Trade, Joan Clos i Matheu.