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Order Eit/2200/november 20, 2014 By Which Approve The Regulatory Bases Of The Granting Of Aid For Projects And Activities Within The Program Emprendetur Internationalization Within The Framework Of The Integrated National Tourism Plan.

Original Language Title: Orden IET/2200/2014, de 20 de noviembre, por la que se aprueban las bases reguladoras de la concesión de ayudas para proyectos y actuaciones dentro del programa Emprendetur Internacionalización en el marco del Plan Nacional Integral de Turismo.

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Tourism activity accounts for more than 10 percent of GDP, creates 11 percent of employment and largely counteracts the Spanish trade deficit. It is an important asset for the creation of wealth and employment, which behaves with great dynamism even in times of crisis and which has a great capacity to drag on other productive sectors. Due to these characteristics, the Government considers tourism as a strategic axis and a key factor for economic recovery in its 2012-2015 agenda.

However, tourism activity in Spain has suffered a significant loss of competitiveness in recent years and the economic, social and environmental sustainability of our model is in question for the future. It points to the end of an economic cycle that began more than fifty years ago and in which new global tourism leaders are being incubated based on innovation. It is essential, therefore, to address measures that trigger a turning point, stopping the decline and activating growth on solid foundations that will ensure the leadership and competitiveness of our model.

The current crisis in the financial markets has resulted in a global structural crisis that has negatively affected the tourism sector, both in demand for international travel, affecting the main This is a very important step in the future. It is a question of the future of the European Union and of the European Union, and of the European Union. technologies, development of differentiated products and quality systems that make more and more competitive and profitable to our companies and destinations.

Taking into account these factors, among other circumstances, by the Council of Ministers ' Agreement of 22 June 2012, the National and Comprehensive Tourism Plan (NLP) was approved, one of which aims to promote the internationalisation of the Spanish tourism sector, through the opening of new international tourist markets, the increase or enhancement of existing ones or the export to third countries of Spanish tourism products or services.

In order to achieve this goal, it has been decided from the State Department of Tourism to carry out the implementation of the Entrepreneurial Internationalization program, which will help the destination of Spain to be a leading destination with international, sustainable economic, social and environmental projection, generating sufficient returns to maintain high added value, generating quality employment and making responsible use of natural resources, profitable destination economically and efficiently in its business model and referent globally, both for its management as well as its profitability.

The present aid line falls within the commercial policy proposed abroad (as is the tourist policy), by supporting the installation of companies outside the national territory.

The main consequence of the installation of these tourist companies abroad will be to attract tourism to Spain and the sale of tourist services. Both activities have a very significant effect on the balance of payments in our country, due to the significant flow of foreign currency that they generate, which allows us to state that the aid that is regulated in this order is configured as an instrument of trade policy itself, in this case, foreign trade, but in no way will it have as a consequence a reordering of the tourist activity.

The regulation and the granting of subsidies for the installation of tourist companies or associations thereof and tourist services on foreign markets is the responsibility of the State for registering powers conferred on him by Article 149.1.10. of the Spanish Constitution.

On the other hand, the centralised management by the State of the economic aid referred to in the bases approved by this order is an essential budget to guarantee the effectiveness of these aids, the the objectives with which they are intended, the obtaining and enjoyment of their potential recipients on equal terms, and also to ensure that the aid reaches entrepreneurs from all over the country. The aim is to support a business sector from the point of view of general economic policy in the light of the weight of the tourism sector in our economy.

The main objective of this aid is the strengthening of the Internationalization of the Spanish tourism sector as a whole, while promoting the promotion of our products and strengthening the Spanish brand.

The economic flows resulting from the internationalization of Spanish tourism companies do not have a territorial delimitation that can and should not be determined a priori. It is precisely with these aids that tourism companies detect niche markets and set up products suitable for external demand, so any delimitation prefixed in terms of the territorialization of their services would be a limitation to the objectives pursued and would harm these companies in the face of competition on the external markets.

Ensuring the effectiveness of these aids means selecting those projects of internationalisation of tourism companies that will have a greater economic impact on the tourism sector as a whole and on the objectives collected in the National and Integral Tourism Plan, which would be undermined without centralized management.

Tourism is one of the most important Spanish products and international recognition, so its weight within the Spanish brand is very relevant. The promotion of the international presence of tourism companies will contribute to the reinforcement of this Spanish Brand and will support the promotion efforts that the Secretary of State of Tourism has entrusted.

Likewise, Article 3.4.i) and Title II of Law 21/1992, of 16 July, of Industry, support the adoption by the Administration of the State of programs for the promotion, modernization and competitiveness of the industry tourism.

The financing of this Entrepreneurial Internationalization program will be provided in the corresponding General Budget Law of the State of the year in question in the respective call.

The second provision of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, in order to regulate the credits granted by the State Administration (a) to private individuals with no interest or less than market interest in paragraph 1 of this Article, provides that in the field of the General Administration of the State and public bodies and other entities governed by public law with their own legal personality In the case of the European Parliament, the Commission has decided to statements of expenditure in their respective budgets, the rules governing the administration's appropriations to individuals with no interest or less than market interest and, failing that, the requirements of the General Law of Grants, as provided for in the sixth provision of this provision.

Article 17 of Law 38/2003 of 17 November, General of Grants, provides that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with own legal personality linked to or dependent on it, the relevant ministers shall establish the appropriate regulatory basis for the grant of the grants.

Moreover, in accordance with Article 23.2 of the same General Law on Grants, the commencement of the procedure for the award of grants will always be carried out by means of a call approved by the body. competent.

By this order, the regulatory bases for the granting of aid for projects and actions under the Entrepreneurial Internationalization program are approved.

Article 10.1 of the General Grant Act provides that the secretaries of state in the General Administration of the State are competent bodies to grant grants, in their respective fields, so that They are responsible for calling them.

As provided for in Article 17.1 of Law 38/2003 of 17 November, General of Grants, this order has been the subject of a mandatory report by the State Advocate and the Delegation of the General intervention of the State Administration in the Department. Similarly, as provided for in the same article, as well as in Article 24.2 of Law 50/1997 of 27 November, of the Government, the mandatory report of the General Secretariat of the Technical Secretariat of the Ministry of Industry, Energy and Tourism.

The Tourism Sector Conference has been informed of this order through the Board of Directors General of Tourism. It has not been possible to submit the draft to the plenary of that conference, because its meeting is not scheduled until next year 2015, which would prevent the necessary approval of this order in the 2014 budget year. However, the Board of Directors-General, in accordance with Article 5 of the Regulation of that Sectoral Conference, is the permanent collegiate body of the same.

This order has been accompanied in all of its processing by a Memory of Analysis of the Normative Impact, transmitted with the Project of Order to the Ministry of Finance and Public Administrations with the object of the prior approval as provided for in Article 67.4 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Likewise, this order has also been the subject of a mandatory report issued by the Directorate-General for the Coordination of Competences with the Autonomous Communities and with the Local Entities, in compliance with Article 24 (3) of the aforementioned Law. 50/1997, dated November 27.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this order is to establish the bases, the aid scheme and the management of support measures for the Entrepreneurial Internationalisation Programme.

2. The ultimate aim is the internationalisation of the Spanish tourism sector, through the opening of new international tourist markets, the increase or enhancement of existing ones or the export to third countries of products or services. Spanish tourists.

Article 2. Material scope.

The material scope of this order is limited to the instrumental line included within the measure "Support to the internationalization of the Spanish tourist companies" of the National and Integral Plan of Tourism 2012-2015, approved by Council of Ministers Agreement of 22 June 2012.

Article 3. Geographical scope.

The activities to be supported will be aimed at the internationalisation of the Spanish tourism sector, through the opening of new international tourism markets, the increase or enhancement of existing or the exports to third countries of Spanish tourism products or services.

Article 4. Objectives.

The actions related to this order are intended to help accelerate and consolidate the international growth of Spanish non-export companies or occasional exporters that have a project in the sector competitive tourism and the achievement of the objectives of the 2012-2015 National and Comprehensive Tourism Plan. In this sense, they are priority objectives:

a) Support the internationalisation of innovative tourism products and services that contribute to improving export capacity and propensity, diversifying destination markets and improving international positioning of the Spanish tourism sector.

b) Strengthen the processes of internationalization of the tourism sector.

c) To promote the internationalization of innovative tourism products that improve the competitiveness and profitability of the Spanish tourism sector in the international arena.

Article 5. Characteristics of the aid.

1. These aids are granted in accordance with Articles 23 et seq. of Law 38/2003, of 17 November, General of Grants.

2. The aid granted will cover the form of loans. The characteristics of the aid in the form of loans will be as follows:

(a) Maximum funding: Up to 75 percent of the financial cost of projects or actions, which will not exceed 1,000,000 euros. The final value of the percentage shall be, with the limit laid down, at the request of the applicant. This is, the beneficiary could request a different percentage, but never more than 75 percent, of the amount of his project, without prejudice to what is effectively the total eligible costs, acceptable for financing.

(b) A maximum repayment term of five years, including a period of not more than two years, which shall apply to each aid granted unless otherwise indicated by the beneficiary at the time of the concession. The payment of the amortisation and the corresponding interest shall be made at the end of each depreciation period determined in the granting resolution.

c) An eventual modulation by reducing both the maximum funding and the repayment or deficiency deadlines can be determined on each call.

(d) The application interest rate shall also be determined on each call in accordance with the legal framework in force.

e) The method of amortisation shall be of constant and equal shares, i.e. the sum of amortisation plus interest shall be paid in instalments of equal amounts at the end of each of the amortisation periods determined in the grant resolution. In this way, the periodic redemptions are increasing in geometric progression whose reason is given by the interest rate plus the unit.

3. The financing of such aid shall be allocated to the budgetary applications which shall be determined for each year in the corresponding General Budget of the State and shall be specified in each call.

Article 6. Concession scheme.

The granting of regulated loans in this order is governed by the principles of advertising, transparency, objectivity and competitive competition.

Article 7. Beneficiaries.

1. Companies legally incorporated in Spain whose export does not exceed 40% of their turnover at the time of the application may be applicants and beneficiaries of such aid. An undertaking shall mean any entity which, irrespective of its legal form and the origin of its financing, has an economic activity, that is to say, puts goods or services on a given market.

2. For the purposes of this order, they are excluded from their subjective scope and no beneficiaries may be considered to be public commercial companies, business public entities and any other company incorporated or governed by the law. public.

Article 8. Types of projects and actions to be supported.

1. They will be able to be the subject of support of the Entrepreneurial Internationalization program, in the framework of the measure of Support to the internationalization of the Spanish tourism companies included in the National and Integral Plan of Tourism (PNIT), the tourism products and services aimed at:

a) The opening of new markets.

b) The export of new products and services.

c) porting differential competitiveness factors.

d) The strengthening of the innovative potential of tourism companies, as well as the competitiveness and technological scientific knowledge areas of the tourism sector.

2. In particular, this programme is intended to finance different phases in the process of internationalisation of enterprises. These phases are articulated in the following actions:

i. Phase 0: Market research/feasibility studies.

ii. Phase 1: Prospection.

iii. Phase 2: Implementation.

3. Companies must indicate the stages and actions for which they apply for funding, which may be:

i. Phase 0.

ii. Phase 0 + Phase 1.

iii. Phase 1.

iv. Phase 1 + Phase 2.

v. Phase 2.

vi. Phase 0 + Phase 1 + Phase 2.

4. The actions to be financed from these loans must have started to be implemented after the date of publication of the relevant call. In addition, the maximum period for implementation of the action shall be three years, and all those that have been carried out before the end of the period may be included among the eligible costs.

Article 9. Eligible expenditure.

1. The aid provided for support for the Entrepreneurship Internationalisation programme will be used to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid may be applied to the following concepts:

A) Phase 0: Market research/feasibility studies.

Eligible Concepts:

(a) Market studies, feasibility studies, implementation studies, etc. carried out by specialised companies.

b) The purchase of foreign trade documentation acquired from third parties.

c) Company internal personnel costs.

d) Travel of the company's own personnel to the target markets.

B) Phase 1: Prospectus.

Eligible Concepts:

a) Legal expenses necessary for prospecting.

(b) Expenditure on staff in compliance with the maximum funding limits for financial staff expenditure.

c) Advice and subcontracting expenses.

d) Current expenditure (% on staff expenditure). Compensation for overheads and their allocation to the project is set at a maximum rate of 20% of the total project staff costs, without any justification.

e) Company staff travel.

f) Supplies and promotional materials included.

c) Phase 2: Deployment.

Eligible Concepts:

a) Rental offices.

b) Legal expenses necessary for implementation abroad: notes, records, certifications, etc.

c) Personnel expenses in compliance with the maximum funding limits for financial personnel expenses.

d) Advice and subcontracting expenses.

e) Current expenditure (% on staff expenditure). Compensation for overheads and their allocation to the project is set at a maximum rate of 20% of the total project staff costs, without any justification.

f) Company staff travel.

g) Material and supplies.

2. The maximum funding limits for eligible staff expenditure and eligible expenditure for promotion shall be specified in each call.

Article 10. Subcontracting.

1. A beneficiary subcontracts when it has a third party with the total or partial implementation of the activity covered by the aid. It is outside this concept that the costs incurred by the beneficiary for the performance of the activity covered by the aid are to be contracted.

2. The cost of subcontracting shall in no case exceed 50% of the total cost of the performance.

3. In relation to all matters relating to subcontracting, the provisions of Article 29 of Law 38/2003 of 17 November, General of Grants and concordant regulations, shall apply.

Article 11. Compatibility with other aids.

1. The perception of the aid provided for in this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose from any public or private government or public authorities, national, European Union or international bodies.

2. This compatibility will be conditional on the following rules:

(a) that the amount of the aid received from other calls, in no case may be such that, in isolation or in competition with others, it exceeds the amount of the aid applicable in accordance with the provisions laid down in Article 5.2.a).

(b) that the amount of aid received from other calls under no circumstances may be such that, in isolation or in competition with others, it exceeds the cost of the subsidised activity.

3. The applicant shall declare the aid which it has obtained or requested for the actions covered by this order, either by submitting the proposals or at any subsequent time in which this circumstance occurs, which may give rise to such aid. (a) corresponding minorations in the amount of the aid granted, or may even give rise to the revocation of the aid granted, or to understand that the waiver or withdrawal of the aid has occurred.

CHAPTER II

Aid management procedure

Article 12. Form and presentation of requests.

1. Applications for aid for the Erendetur Internationalisation programme will be addressed to the instructor and will be presented in the electronic register of the Ministry of Industry, Energy and Tourism, in accordance with Order IET/1902/2012, 6 of September, by which the record is created and regulated.

2. The time limit for the submission of applications, which shall be fixed for each call, shall be no more than two months from the publication of the call in the 'Official State Gazette' in the case of a single period. The calls may also be made in open mode in the terms provided for in Article 59 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July. In the latter case, the call shall specify the timing of the time-limits for the submission of applications to which several assessment and award procedures shall be carried out. Where, at the end of one of the periods of an open call, the corresponding loans have been granted and the maximum amount to be granted has not been exhausted, the remaining amount shall be automatically transferred and added to the amount available for the next period of the same call.

3. The participation in the call for assistance from the Entrepreneur Internationalisation programme includes the following documentation:

a) Request/Questionnaire. It will be available for completion and presentation at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), once the corresponding call has been published. It will be adapted to what is available in each call.

The following statements will be included within the application and questionnaire form:

1) Statement of connection with third parties, for the purpose of verifying compliance with the provisions of the seventh paragraph of Order IET/2481/2012 of 15 November 2012 laying down the regulatory basis for the concession Support for projects and actions under the Emprendetur R + D + i programme, consisting of the Emprendetur R + D and Emprendetur lines development of innovative products in the framework of the National and Integral Tourism Plan.

2) Statement of public aid requested and received for the same project. Such a declaration shall be made when submitting an application or at any subsequent time in which this circumstance occurs.

3) The applicant's declaration that the data of the financial statements accompanying the application are true and that they express the true image of the property and the financial situation of the applicant, as of the results of your operations.

b) Memory. The memory will be integrated by:

1) Technical and economic memory relating to the cost and mode in which it is to be financed. The memory will contain the following information:

i. Company's trajectory.

ii. Description of the performance or actions to be financed

iii. Target market information and justification for the action.

2) Budget of the performance.

3) Relative information, if any, to the external contributors who will participate in the project execution.

c) Other documentation:

a) Identification card of legal persons and entities in general (NIF-Number of Tax Identification.

(b) Valid accreditation of the power of attorney, registered in the commercial register (in the case of a commercial company) or the one that proceeds, corresponding to the signatory of the application.

c) Full annual accounts of the last two financial years (presented in the Mercantile Register).

d) 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 obtaining aid shall be authorised by the applicant for the purpose of directly obtaining the accreditation of compliance with tax obligations and against social security through electronic certificates. However, the applicant may expressly refuse consent, and must then provide such certifications.

The documentation referred to must be provided by any means that allows to be aware of its authenticity, in accordance with the provisions of Chapter III of Royal Decree 772/1999, of 7 May, for which the the submission of applications, written and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the arrangements for registration offices.

The documentation required for participation may be modified for each call.

The format of the electronic file containing additional project information must correspond to one of the following: "pdf", "doc", or "docx" and in no case will exceed 5 Mbytes of information.

4. The request/questionnaire, accompanied by questionnaire, memory and other additional documents, will be addressed to the Secretary of State of Tourism and its presentation will be made to the electronic register of the Ministry of Industry, Energy and Tourism by advanced electronic signature. The electronic certificate with which the presentation is made shall correspond to the applicant for the aid which must be legally represented by the entity.

If the above documents cannot be validly presented in the form indicated in the preceding paragraph, the application form may be presented in physical form, provided that the application is duly completed and signed, before the Registry of the Ministry of Industry, Energy and Tourism, or in any of the places mentioned in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative. However, the other documents referred to in the first subparagraph shall be submitted electronically. In such a case, the application shall be deemed to have been filed on the date on which the paper-holder application form is filed with the Register and shall give validity to the corresponding data submitted by electronic means.

In case electronic representation cannot be validly credited, it must be presented on physical media.

5. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days of the day following the day of receipt of the requirement, remedy the lack or accompany the required documents, with a warning that if you do not do so, you shall be given the withdrawal of the application, in accordance with Article 71 of that Law No 30/1992 of 26 November.

Article 13. Competent bodies to convene, instruct and resolve the procedure. Collaborating entities.

1. It shall be competent to convene and resolve the procedures for granting the grants referred to in this order by the Secretary of State for Tourism.

2. It shall be competent for the instruction and management of the grant award procedures under the General Subdirectorate for Tourism Development and Sustainability, which is an administrative body under the Secretariat of State of Tourism.

3. The assessment report for applications shall be made by an evaluation committee, which shall function as a collegiate body and shall be composed of:

(a) A member of the Cabinet of the Secretary of State for Tourism (Ministry of Industry, Energy and Tourism), who will chair the committee, appointed by the Secretary of State for Tourism.

b) A vowel appointed by the Undersecretary of the Ministry of Industry, Energy and Tourism.

c) A voice of the General Subdirectorate of Tourism Development and Sustainability of the Spanish Tourism Institute (Secretaría de Estado de Turismo) designated by this Subdirección.

d) A voice of the General Subdirectorate of Tourism Cooperation and Competitiveness Institute of Tourism of Spain (Secretariat of State of Tourism) designated by this Subdirection.

e) A vocal from the State Society for the Management of Innovation and Tourism Technologies, S. A. (SEGITTUR) appointed by the Secretary of State for Tourism.

An official of the General Subdirectorate of Tourism Development and Sustainability will act as secretary, with voice but no vote, designated by this Subdirection.

4. The proposal for a provisional and final resolution, duly substantiated, will be raised to the Secretary of State for Tourism by the instructor.

5. For the management of the grants, it may be possible to have collaborating entities which may lend their support in the instruction of the procedure, such as the receipt of the applications, control and reception to the beneficiaries of the justification of the grants. expenses, as well as the making of payments. The collaborating entities may perform the functions provided for in Article 15 of Law 38/2003 of 17 November, General of Grants. Only the business public entities and the state commercial companies, which will be selected in the terms provided for in Article 16 (5) of Law 38/2003 of 17 November, will be able to act as collaborating entities. Grants.

6. The operation of all the bodies and entities referred to above shall always be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 14. Assessment.

1. The assessment shall be carried out by an evaluation committee, which shall analyse and apply the assessment criteria set out in this order, on a proposal, if any, of the contributing entity.

2. The assessment and selection of applications shall be carried out on a competitive basis on the basis of the documentation provided, in accordance with the criteria and procedures laid down in Article 15 et seq. of this order and in Article 8 of Law 38/2003, of 17 November, General of Grants.

Article 15. Evaluation criteria.

1. Each application for a proposed aid will be globally qualified from 0 to 100 points. On the basis of the scores obtained, ordered from the highest to the lowest, and as far as the available budget credit is available, applications for which the proposals will qualify for 50 points may be eligible for aid. This qualification will result from assessing the criteria set for each of the lines of action or eligible projects and adding the score obtained in each of them, having to obtain at least a minimum of 50 per percent of the maximum score per criterion to be eligible.

2. The evaluation shall be carried out exclusively on the documentation provided with the application. The voluntary improvements in the application will not be accepted as a competitive concession procedure.

3. The suitability of the performance to the objectives of this programme will be analysed as a preliminary selection criterion. Failure to comply with the application will be dismissed without being evaluated.

4. The criteria for evaluating the requests referred to are:

a) Product or service competitiveness (from 0 to 20 points). Innovation potential, development of competitiveness and quality of the proposal.

b) Company trajectory (0 to 15). Commercial capacity and commercial activities. Technical feasibility. Work team experience.

c) Internationalization strategy (0 to 25 points). Description of the market for destination and completion, interest and feasibility of the proposed overall strategy and the action in which it is implemented.

d) Planned socio-economic impact. Possibilities of dynamisation. Job creation (from 0 to 15 points).

e) Economic and financial viability of the performance. Results count (from 0 to 25 points). Relationship between billing and project budget, and economic means to address the performance.

Article 16. Interim and final resolution.

1. In the light of the dossier and of the report of the evaluation committee set up in accordance with Article 13, the instructor shall make a proposal for a provisional, duly substantiated, decision to be notified to the parties concerned. The instructor shall publish the draft provisional resolution with the list of loans to be granted and refused in its electronic headquarters. The time limit for making representations to such a proposal shall be 10 days. After that period, and in the light of the arguments which have been submitted, the proposal for a final decision shall be formulated.

The interim and final draft resolutions do not create any right in favour of the beneficiary in the face of the Administration, while the granting resolution has not been notified to it.

2. Once the arguments have been received, the instructor will make the final decision which will be raised to the competent body, which will give the appropriate reasoned decision, estimating or dismissing the granting of the loans. requested. The instructor shall publish the final list of loans granted and refused at its electronic headquarters.

3. The final decision shall put an end to the administrative procedure, against which the right to a replacement may be brought within a period of one month from the day following that of the notification of the decision. Without prejudice to the foregoing, it may be brought before the Court of First Instance of the National Court against these decisions within two months of the day following that of the notification.

4. As set out in Article 63.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of July 21, the grant resolution in addition to containing the applicants to whom grants the aid and the express dismissal of the other applications, may include an orderly relationship of all the applications which, in compliance with the administrative and technical conditions laid down in these bases to acquire the of the beneficiary, have not been estimated to exceed the maximum amount of the credit fixed in the call, with an indication of the score given to each of them according to the assessment criteria provided for in the call.

In this case, if the grant is waived by any of the beneficiaries within one month of the notification of the granting decision, the granting body shall agree, without the need for a new call, to the grant of the grant to the applicant or applicants following that in order to score, provided that, with the waiver by some beneficiaries, sufficient credit has been released to meet at least one of the applications refused. Outside of this set deadline, the replacement legal mechanism will not operate.

The granting of loans arising from prior waiver in accordance with Article 63.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, by another beneficiary, it shall not be possible to agree on calls in which the delivery of funds is carried out through a contributing entity.

5. The maximum period for the decision of the procedure and its notification shall be six months from the day following that of the publication of the notice in the Official Gazette of the State. If the competent authority to resolve such a decision has not been notified, the parties concerned shall be entitled to understand their request.

6. The notifications shall be made in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure.

7. The publication of the provisional and final motions for resolutions, as well as the decisions to grant them, refusals and their possible subsequent amendments and the other acts of the procedure, in the aid portal hosted at the headquarters The Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) shall have 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 Public administrations and the Common Administrative Procedure in relation to the competitive concurrency procedures.

Article 17. Modifications.

1. The actions financed shall be implemented in the time and form to be laid down in the granting decisions. However, where specific circumstances arise which alter the technical or economic conditions to be taken into account for the application or grant of the aid, the beneficiary may request the amendment of the granting decision. The amendment must be requested at least one month before the end of the period for the implementation of the project and must be expressly accepted. The granting body may also agree to an extension of the time limit for the implementation of the projects or actions on a justified basis and in accordance with the provisions of this paragraph.

Accepted the modification of the grant decision, the applicant shall be obliged, immediately, to have received the notification of acceptance to the return of the capital and interest corresponding to the accepted low and to the accreditation to the granting body of its entry into the Treasury. The reduction of the authorised amendment shall not exceed 35% of the eligible investment, as set out in Article 20.3.

2. The following may be invoked as circumstances which have altered the following technical or economic conditions:

(a) Inappropriateness of the project by objective reasons which determine its lack of suitability, consisting of circumstances which have been revealed after the granting of the loan and which were not foreseeable before applying all required diligence in accordance with good professional practice in the design of the project or in the drafting of the technical specifications

b) Need to adjust the activity to technical, environmental, urban, safety or accessibility specifications approved after the loan is awarded.

(c) It is appropriate to incorporate technical progress in the activity which is significantly improved, provided that its availability on the market, in accordance with the state of the art, has occurred after the award of the loan.

d) Force majeure or fortuitous case that would make it impossible to execute the performance or project in the initially defined terms.

3. A decision to grant loans may not be amended where the following changes in technical or economic conditions have occurred:

(a) The assumptions in which the amendment has affected the basic characteristics of the performance financed to which Articles 8 and 9 refer.

(b) The assumptions in which, if the alteration occurred at the time of the loan application, such alteration would have affected the determination of the beneficiary or that third party rights were being damaged. However, the alterations related to the merger, absorption and division of companies will be allegable.

(c) The assumptions in which decreases in excess of 10% are produced in the concepts eligible for aid related to Article 9.

(d) Assumptions for the extension of the execution period for projects or actions that do not comply with the limits laid down in Article 70 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Real Decree 887/2006, dated July 21.

Article 18. Guarantees and payment of the aid.

1. The calls shall, prior to the final grant of the loans, establish as a condition for the acceptance of the loan proposal, the lodging of the guarantee, by means of the contribution by the latter of the the lodging of a guarantee before the General Deposit Box, in any of the modalities provided for in Royal Decree 161/1997 of 7 February, approving the Regulation of the General Deposit Box and the Order of the Ministry of Economy and Hacienda of 7 January 2000, which develops the aforementioned Royal Decree, and with the requirements established in such rules.

The following modes are accepted:

a) Cash.

(b) Securities represented in the account or shares in investment funds, represented by nominative certificates.

(c) Avals provided by credit institutions or mutual guarantee companies.

(d) Security of caution granted by insurance entities.

The amount of the guarantee, the time limit for its contribution and the form of cancellation will be determined in the corresponding call for aid.

The failure to submit the guarantee to the competent body within the time limit set by the decisions to be called will have the effect of waiving the aid granted.

The guarantees will be released in instalments as the loan repayment takes place and, where appropriate, once the amounts that may be matched have been reintegrated.

Once the effective justification for the implementation of the project or action has been certified, it may be authorised by the instructor that a credit institution assumes, irrevocably and with due guarantees, the repayment according to the repayment schedule set out in the concession decision after the verification of the justification submitted. This authorisation by the instructor shall allow, where appropriate, the cancellation of the guarantees previously provided by the applicant, provided that, prior to, a debt assumption has been made by the institution of the credit, all without prejudice to the responsibilities which may be payable to the beneficiaries.

2. The loans referred to in these bases will be paid prior to the performance of the financed action, even if the granting of the granting of a decision is made.

3. The payment of the loan shall in any event be conditional on the evidence being given to the managing body that the beneficiary complies with the requirements laid down in this order, as well as those referred to in Article 34 of the General Grant Law, including to be aware of the compliance with their tax obligations and in the face of social security. 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 10 days from the day following the notification of the requirement.

The failure to submit the required documentation within the above 10-day period shall, without further delay, result in the withdrawal of the aid granted and shall be immediately referred to in the second paragraph of Article 16.4.

4. As provided for in Article 13.5, the transfer of funds to the contributing entity for the management of such aid, which may be a State company or a business public entity, shall be made immediately after the transfer of funds. resolution of the granting of loans.

Article 19. Justification of expenses.

1. The beneficiary shall have a maximum period of three months, from the end of the execution period, for the justification of the activities and expenses incurred, which shall be indicated in the decision to grant.

2. Where appropriate, the beneficiary shall make an express statement of the amount of aid or grants awarded for the same activity or conduct by any government or public entity.

3. The justification and effective payment of the eligible expenditure, as well as the declaration of activities carried out under the aid, the sources of financing for the project and its implementation, shall be credited with the presentation of the relevant account. supporting documents, specifying the above elements and the breakdown of each of the expenditure incurred, in accordance with the standard model which the managing body shall provide to the beneficiaries.

4. Expenditure shall be credited by means of invoices and other documents of probative value equivalent to validity in commercial legal traffic or with administrative efficiency. For the justification of expenditure incurred in another country, they shall comply with the requirements required by the legislation of each of them.

In case the documents provided are in a language other than Spanish, English, French, Italian or Portuguese, translation of the description of the service, supply or other type of expenditure shall be attached.

5. All the documentation of the performance of the project or action may be presented in physical and CD or USB memory, in front of the General Register of the Ministry of Industry, Energy and Tourism, or in any of the places mentioned in the article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The electronic submission of the supporting documentation shall be understood to include both the initial submission, within the period indicated above, and any possible sub-sanctions to be applied to the beneficiaries. by the managing body.

However, the referral of such documentation in computerised form does not exempt beneficiaries from retaining the originals of the supporting documents, audit reports, etc., in case they are required to do so. subsequently by the managing body of the aid or, when carrying out the control activities legally provided for, by the General Intervention of the State Administration or the Court of Auditors.

6. Prior to the completion of the implementation period, and in order to ensure maximum compliance with the objectives for which the loan has been granted, the managing body shall ask the beneficiary for detailed information and updated state of the investment or funded performance.

This request for information will be made mandatory after the end of the execution period, and in any other time, the circumstances will be appreciated by the managing body.

The beneficiaries of the loans must provide the managing body with the information requested. Failure to comply with that obligation shall result in the withdrawal of the loan and the obligation to make the repayment as appropriate in accordance with Articles 20 and the following.

7. The beneficiaries must comply with the obligations laid down in Article 14 of Law 38/2003 of 17 November, General of Grants and in this order, as well as the specific instructions which, in application and compliance with the law cited This order shall be communicated by the managing body in respect of the implementation, monitoring, delivery of the loans, information and publicity, justification and control of expenditure.

Article 20. Graduation criteria for possible defaults.

1. The total non-performance of the purposes for which the aid was granted, the realisation of the financing costs, or the obligation to justify the aid, will give rise to the loss of the right to the recovery of the aid granted and, where appropriate, to the recovery of the aid. payment of late payment interest from the time of payment to the date on which the repayment is agreed.

2. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by a performance unequivocally to the satisfaction of its commitments and the conditions for granting the aid, You will consider the following criteria:

The partial non-performance of the purposes for which the aid was granted, the realisation of the financial investment, or the obligation of justification, will lead to the loss of the right to the recovery of the aid allocated to the the beneficiary or, where appropriate, the repayment of the advance payment plus interest on late payment, in the percentage corresponding to the investment not made or not justified.

3. For the purposes of the above sub-paragraphs, the equivalent of a percentage of less than 65 per cent of the financial investment, and a significant proportion of the total non-compliance, shall be considered as a total non-compliance. the equivalent of 65 percent or more.

Article 21. Refund procedure.

1. The agreement to initiate the refund procedure shall indicate the cause of the start, the obligations under which the refund is to be paid and the amount of the subsidy concerned.

2. Upon receipt of notification of the initiation of the refund procedure, the person concerned may submit the relevant allegations and documentation within 15 days.

3. It shall be for the decision of the file to be passed to the grant-giving body and the person concerned shall be notified within a maximum period of 12 months from the date of the initiation agreement. The decision shall indicate who is the person liable for reimbursement, the obligations under consideration, the cause of the proceedings between those provided for in Article 37 of the General Grant Act and the amount of the grant to be reintegrated with the interest for late payment.

4. The jurisdiction to require the beneficiaries or the collaborating entities to repay the loans shall be the responsibility of the competent body for granting them.

Article 22. Advertising.

Any reference in any means of dissemination to the project subject to the present aid must include that it has been supported by the Ministry of Tourism of the Ministry of Industry, Energy and Tourism.

Failure to comply with this obligation will be considered a minor infringement in accordance with Article 556 (c) of Law 38/2003 of 17 November, General of Grants and will be sanctioned with a fixed penalty in the terms foreseen in the Article 59 of the same law.

Single additional disposition. Staff costs.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.10. of the Spanish Constitution, which confers exclusive competence on the State in matters of "foreign trade", with the exception of the provisions of Chapter II which is dictated by Article 149.1.13, which confers exclusive competence on the State in the field of ' coordination of the general planning of economic activity

.

Final disposition second. Entry into force.

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

Madrid, 20 November 2014.-The Minister of Industry, Energy and Tourism, José Manuel Soria López.