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Order Itc/1014/2005, Of 12 April, Establishing The Regulatory Bases Of The Granting Of Aid For Reindustrialization Performances.

Original Language Title: ORDEN ITC/1014/2005, de 12 de abril, por la que se establecen las bases reguladoras de la concesión de ayudas para actuaciones de reindustrialización.

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The continuation of the reindustrialisation processes undertaken and not yet completed, as well as the persistence of some of the causes that have incited and incited on state-owned public enterprises or private companies, such as As the evolution of the demand for national and international markets or the development of economic and business processes and patterns that take place in these areas, these companies are obliged to continue the adaptation of their structures and their forms of action to the environments in which they operate. These adaptation operations, which are part of the processes of rationalization and modernization of the business segment that have been taking place in our country, have taken a special impact on companies from traditional and intensive sectors of labour force and in other companies belonging to sectors in decline, thus causing severe processes of loss of the productive fabric and the elimination of many jobs in the areas affected by these processes of operations adaptation. Among the effects of these adaptation operations, the reduction or elimination of productive capacity in the affected enterprises is highlighted, which is often accompanied by adjustments of a working nature. Both effects have a negative impact on the productive industrial fabric, affecting the socio-economic variables, income level and employment, mainly in the areas where they exert their influence, which is why they are less-favoured areas for the purposes of their industrial fabric. In order to try to mitigate and to avoid these harmful effects on the whole of the industrial fabric of the less-favoured areas, in particular those in which these effects are more intense, the Ministry of Industry, Tourism and Trade, developing its policies of reindustrialisation and technological dynamisation, has been carrying out support actions aimed at strengthening, regenerating or creating the industrial fabric, and which have a positive impact on the variables (a) the socio-economic reference environment in each case. As in the orders published in the preceding years, since 1997, the content of this order should be highlighted, first of all, by the specific nature of the support of the Ministry of Industry, Tourism and Trade. in response to the indirect negative effects of certain actions affecting the productive capacity of public undertakings in the State sector or other companies in the industrial private sector, which are difficult to foresee in advance, at the same time that they take place in specific, geographically dispersed areas and in which The production of these companies is of great importance. This specific nature of the aid is conditional on its duration and application, which will be the essential ones in order to obtain appreciable results in the target areas, so it may be necessary for them to be granted for several years, but with a variable intensity according to the circumstances. In spite of the lack of temporary concreteness, not only of the origin, but of the duration of the situations that are intended to be met with these supports, which gives rise to the applications of the aids being variable, it is convenient that this order, apart from the above mentioned above, do not include the annual call and refer to a fixed period, 2005-2008. In addition to the specific nature of the aid, the compensatory aim is to offset the effects of the adjustment or adjustment operations of the public and private undertakings concerned. This purpose is exercised in a simultaneous manner or after such action. In this respect, it is worth noting the effectiveness of preventive or simultaneous actions with the initiation of such operations, as they deal with the possible negative effects before they significantly deteriorate the industrial fabric and affect the income and employment levels of the area. On the basis of the above, and in the interests of the effectiveness and effectiveness of the support measures, it is appropriate to concentrate the funds that finance them. This concentration must, in the absence of a priori, establish a scheme for the territorial distribution of expenditure, since such a distribution must be based on an estimate of the demand for aid, which is unknown in general and which comes from a few areas which are not in turn determined in general, with the exception of those where action is repeated for the purposes of the severity of the adjustments to be made. The peculiarities described above give rise to the fact that the management of the aid is carried out by the General Administration of the State. Centralised management is, in fact, justified by the need to: (a) to harmonise the actions in support of the reindustrialisation by the Ministry of Industry, Tourism and Trade in all areas affected by the adjustment or restructuring of State-owned enterprises or enterprises in the segment (b) identify, implement and coordinate the selection, evaluation, monitoring and processing criteria with other entities eligible for aid in the various affected areas of the Spanish territory, in order to avoid possible grievances (c) to enable the compensation of aid with other programmes of the Department; (d) to enhance the actions which are of a nature of technological dynamisation and a remarkable degree of interterritorial relationship and to facilitate the correction of the economic and social imbalances of the regions affected by the reindustrialisation in a compensated manner so that the performances have equivalent effects in all of them. On the other hand, the diversity that exists in the geographical location of the beneficiary areas, as well as the impossibility of providing for new adaptation and adjustment processes in companies in the public sector or in the private sector, are circumstances. which also recommend the distribution and management of aid by an organ of the General Administration of the State to ensure access to them on an equal basis by guaranteeing the principle of equivalence. Notwithstanding the above, without prejudice to the management of the aid by the competent bodies of the Ministry of Industry, Tourism and Trade, the order provides for mechanisms for cooperation with the Autonomous and Local Authorities, as has already been established. done in previous years. These mechanisms come using the formula of the collaboration agreements. This cooperation allows for an improvement in the management of the aid, since these administrations have a more precise knowledge of the industrial fabric of the areas eligible for support in their territorial areas, while at the same time They can provide a greater abundance in the details of the destination of the aid. Furthermore, as an important novelty of this order, the policy of support for the reindustrialisation of the industrially deprived areas, which began in 1997 and which has continued to be uninterrupted to date, is continuing. It is to be emphasized that their determinations have been adapted to the provisions of Law 38/2003 of 17 November, General of Grants. Thus, the management of these aids is governed by the general principles of advertising, transparency, concurrency, objectivity, equality and non-discrimination, effectiveness in meeting the objectives set by the Administration and efficiency in the allocation and use of public resources, as set out in Article 8.3 of Law 38/2003 of 17 November, General of Grants. Finally, this order, which complies with the provisions of Article 17 of the General Law on Subsidies, must be subject to the authorization of the European Commission and, therefore, the payment of the aid, the regulatory bases of which are set, it shall not be carried out until obtaining the same. In its virtue, I have:

CHAPTER I

General provisions

First. The purpose of this directive is to lay down the rules governing the granting of aid for reindustrialisation in less-favoured areas for the purposes of its industrial fabric. Second. Temporary scope. The temporary scope of this order will cover from the year 2005 to 2008, both included Third. -Geographical scope of application.-The implementation effects of this order, the Reindustrialisation Programme apply in those depressed areas that meet the following requirements together and simultaneously:

(a) Geographical areas where an industrial fabric is made up of relevant sectors by sectors subject to change or adaptation processes, resulting in significant losses of production capacity and (a) employment by adjustment or restructuring operations in productive enterprises in the State public sector or in private sector enterprises, which significantly condition the industrial fabric of their area of influence. Its delimitation will be limited to the environment of the localities where the aforementioned effects are most accused.

b) Geographical areas eligible for regional aid in accordance with Article 87 (3) (a) or (c) of the Treaty establishing the European Community. For the years 2005 and 2006, according to the regional aid map for the period 2000-2006, approved for Spain with 17 May 2000; and for the years 2007 and 2008 under the new map and aid intensities to be approved by the European Commission.

Fourth. Types of action and the subject of the aid.

1. Aid may be granted to initiatives which are intended to contribute to the reindustrialisation of the areas referred to in the third paragraph of this order through one of the following areas and, within them, of the activities of the (a) Infrastructure area: (1) Basic infrastructure: Realisation of investments in common or shared technical and industrial infrastructure such as technology parks, industrial land, access to transport and transport networks telecommunications, etc.

2) Infrastructure for services: Development of projects that provide the industrial sector with diagnostic services and technological solutions to small and medium-sized enterprises (SMEs) for investment projects, aimed at the improvement of productivity. Actions in any of the sub-areas described above for support shall be related to those referred to in the area of industry, as detailed in the following paragraph.

b) Industry Area:

Start-up and implementation of industrial initiatives that generate employment and act as a driving force for the development of the business productive sector. In this area, no projects relating to the coal industry (as defined in Article 2 (a) of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry) will be included in this area. Official of the European Communities " L 205 of 2-8-2002) and of the steel and synthetic fibres sectors (defined respectively in Annexes B and D of the Multisectoral Community Guidelines on regional aid for large projects published in the Official Journal of the European Communities C 70, 19-3-2002). Nor shall the projects relating to medium or large enterprises be included during the restructuring period, provided that the European Commission had not been informed of the aid which was the subject of this order when it adopted the the decision to authorise the corresponding restructuring aid for firms in difficulty. For the purpose of this last exclusion, the concept of medium or large enterprise will be the result of the Recommendation of the European Commission of 6 May 2003 on the definition of micro, small and medium-sized enterprises ("Official Journal of the European Union"). European " L 124 of 20-5-2003). Within this area, priority will be given to projects aimed at: Creating new industrial activities that will strengthen and diversify the industrial structure of the areas that can be applied in this order.

Technologically group innovative companies supported by accredited specific technological agents, such as science and technology parks; Innovation and technology centres; European Business and Innovation Centres; Development agencies; Technology transfer entities. To integrate efforts of several companies with a common industrial objective that, taking advantage of the capacities and potentialities of the area, produce a dynamization of the local economy. To develop companies in mature sectors that incorporate high technological content processes. Install and expand industries from emerging sectors.

2. In the actions corresponding to the infrastructure area of the previous paragraph, they may be objects of aid, and shall constitute the basis on which it is calculated, both the investments in fixed assets and the rest of the costs necessary for the development of the action: expenditure on staff, materials, external partnerships and other expenditure attributable to the initiative covered by the aid. The details of the investment budgets to be taken into account are set out in Annex II of this order.

3. In the case of industry, investment in fixed capital will be the subject of aid linked to the creation of a new establishment, the extension of an existing establishment or the launch of a new activity involving a fundamental change in the product or in the production process of an existing establishment. Land, buildings and equipment shall be admitted as investment elements, in particular new equipment and investments incorporating these into processes with a high technological content. Eligible expenditure may also include those linked to the transfer of technology in the form of patent acquisition, exploitation licences or patented technical knowledge and non-patented technical knowledge. These intangible investments, in the case of a small or medium-sized enterprise, as defined in the Commission Recommendation of 6 May 2003, referred to in the first paragraph of this paragraph, may not exceed 25% of the expenditure eligible for investment in land, buildings and equipment. The eligible intangible assets shall be exploited exclusively in the establishment benefiting from the aid, shall be regarded as assets which are depreciable, shall be acquired from a third party under market conditions and shall be included in the the company's assets and shall remain in the establishment of the beneficiary for a period of at least five years. All investments in fixed assets which have been the subject of aid shall be maintained and devoted to the objectives laid down in the action for a period of at least five years. Fifth. Beneficiaries. -They may benefit from the aid referred to in this order by natural or legal persons who fulfil the subjective conditions laid down in Article 13 of the General Law on Subsidies and specifically the following:

a. For the area of infrastructure: Public entities, including public companies that are dependent on such entities, non-profit institutions and associations of companies that aim to provide services of common or shared use the business sector of a technical nature connected with industrial activity, provided that they do not engage in industrial, commercial and service activities other than those corresponding to this area of infrastructure, and that these services are lend at market prices.

b. For the area of industry: Companies and associations of public and private companies that develop a productive activity of industrial character.

Sixth. Financing: grants and reimbursable loans, which may be eligible for projects which meet the characteristics laid down in this order, will be financed from the budgetary applications to be determined in the corresponding call resolutions.

Seventh. Modalities and intensity of the aid.

1. The activities which are the subject of support described in the fourth paragraph may, in concurrency with each other and with other public, national or international financial aid, be granted in respect of the following detailed rules and maximum amounts of aid, The content of point 2 of this paragraph is available for these purposes. a) For the infrastructure area: Grants up to a maximum amount of 50 percent of the financial budget of the performance.

Non-interest-bearing loans up to a maximum amount of 75 percent of the financial budget of the performance.

In any case, the beneficiary will have to satisfy with own funds, at least, the financing of 25 percent of the financial investment.

b) For the industry area:

Loans repayable up to a maximum amount of 50 percent of the financial budget of the performance. It will have an interest rate of 0% per annum and a maximum duration of 15 years (ten amortisation plus five years of absence) The intensities of the corresponding aid will respect the maximum limits of intensities laid down in the map Spanish regional aid, approved by the European Commission. In any case, the beneficiary must satisfy with own funds, at least, the financing of 25% of the eligible investment.

2. However, the aid intensities shall be:

(a) In the motor vehicle sector, as defined in Annex C of the Multisectoral Community Guidelines on regional aid for large investment projects, in the case of projects for which eligible expenditure is eligible exceed EUR 50 million or an aid amount exceeding EUR 5 million in gross grant equivalent, the maximum intensity shall be equal to 30% of the corresponding maximum regional aid ceiling.

(b) Where aid is granted for eligible expenditure in excess of EUR 50 million for the instalments of expenditure in excess of this figure, the ceiling for aid shall be adjusted downwards in accordance with the scale of paragraph 21. of the abovementioned Multisectoral Community Guidelines. (c) Those which, where appropriate, specifically authorise the European Commission in the case of aid for the construction, repair or conversion of vessels under the framework applicable to aid for shipbuilding (published in the Official Journal). of the European Union " C 317 of 30-12-2003) or where the amount of the aid exceeds the maximum aid ceiling which can be obtained by an investment of 100 million euro according to the scale of point 21 of the said Community guidelines multisectoral on regional aid to major investment projects.

CHAPTER II

Aid management procedure

Eighth. Competent bodies.

1. The body responsible for convening the aid in this order shall be the General Secretariat for Industry.

2. The competent authority for the instruction of the relevant concession procedure shall be the Directorate-General for Industrial Development. 3. The decision of the granting procedure shall be the responsibility of the Secretary-General of Industry or the Director-General for Industrial Development for the amount of the aid, in accordance with the provisions of paragraph 5 of the Order ITC/3187/ 2004, of 4 October, by which the competences of the Minister of Industry, Tourism and Commerce are delegated and by which the delegations of competences of other higher bodies and managers of the department are approved. 4. The scheme for granting the aid shall be that of competitive competition.

Ninth. Time limit for the submission of applications. The time limit for the submission of applications and the documentation to be accompanied shall be specified in each of the decisions to be convened. In any event, the aid application must be submitted before the implementation of the project for which it is requested is initiated.

10th. Formalisation and submission of applications.

1. Applications for aid shall follow the model set out in Annex I to this order for information purposes. This model will be available for completion and presentation on the Internet address of the Ministry of Industry, Tourism and Trade www.mityc.es/reinca where the necessary electronic means of support will be available.

2. Applications on paper or computer support may be filed in the General Register of the Ministry of Industry, Tourism and Trade or any of the places mentioned in Article 38.4 of Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, and shall be addressed to the Director General of Industrial Development. 3. Alternatively, interested parties may submit in the Telematics Register of the Ministry of Industry, Tourism and Trade, through the electronic address www.mityc.es/reinca, applications, written and communications related to the procedures governed by this rule, in accordance with the provisions of Annex I and other provisions of Order ITC/3928/2004 of 12 November establishing a Telematics Register in the Ministry of Industry, Tourism and Trade and regulating the technical requirements and conditions for the receipt or departure of applications, written and communications which are dealt with by telematic means (Official Journal of the State). n. ° 289, of 1 December). Only the submission of applications, writing and communications to the Telematics Register which are electronically signed by an advanced electronic signature based on a recognised certificate, as provided for in Law 59/2003, shall be permitted. of 19 December, electronic signatures. Those certificates must be in accordance with Order ITC/3298/2004 of 12 November 2004. 4. The original signed of the application, as Annex I, shall be accompanied by the following documentation:

(a) Electronic questionnaire (Annex II of this order) provided by the Ministry of Industry, Tourism and Trade in the aforementioned Internet address, duly completed.

b) Memory of the entity's specific performance and capabilities in one of the following electronic formats (.pdf, .rtf, .txt, .doc, .wpd) with a maximum size of 3 MB. (c) a valid accreditation of the power of the signatory of the application, provided by any means which permits to be aware of its authenticity, in accordance with the provisions of Chapter III of Royal Decree 772/1999 of 7 May 1999 on the submission of applications, written and communications to the General Administration of the State, the issuing of copies of documents and the return of originals and the regime of the office of records. In the event that it cannot be validly accredited through the procedure provided for in the preceding paragraph, it shall be submitted in physical support together with the application, in accordance with the provisions of paragraph 3 of this paragraph. (d) Statement of whether the applicant is in a restructuring period according to a decision of the European Commission for the authorisation of restructuring aid as a firm in difficulty.

5. The documentation referred to in points (a) and (b) may be submitted by telematics at the address www.mityc.es/reinca in accordance with the instructions given in the system of aid for completion, or by appropriate physical support (CD, DVD or diskette) in which case they will be duly protected by outer case and identified by:

NIF of the requesting natural or legal person

Indicative code assigned by the computer program. This code will be automatically assigned when you fill in the required information and will appear in the upper right end of the forms of the help request.

6. Applicants shall not be required to submit the documents referred to above, which have already been held by the competent authority for the processing of the applications referred to in the eighth paragraph of this order, in accordance with the provisions of the Article 35 (f) of Law No 30/1992, the number of files communicated to you on that occasion should be indicated in the application questionnaire.

7. If the documentation provided is incomplete or fails to provide any subsable errors, the person responsible shall be required to subsane the missing or accompany the documents within 10 working days from the date of receipt of the request. The Court of Justice of the European Court of Justice of the European Union (Law No 4/1999 of 13 January 1999), in accordance with the provisions of Law No 4/1999 of 13 January 1999, is entitled to give you the right to withdraw from your application.

11th. Instruction of the procedure.

1. The procedure's instructor shall be the Director-General for Industrial Development, to whom requests for assistance shall be addressed. This body shall obtain the technical reports for the evaluation of the projects or actions for which aid applications have been submitted, which shall be carried out by the departments of that management body or, where appropriate, by the Communities. Autonomous or Local Authorities in accordance with the provisions of the relevant collaboration agreement referred to in the first provision of this order. Any of the entities responsible for carrying out the said reports may obtain any additional information and documentation necessary to define the project or action to which the request is made.

2. The above mentioned instructor body shall transmit the reports referred to in point 1 of this paragraph to the Management and Coordination Committee, the composition of which is detailed in the thirteenth paragraph of this order, which, in the light of the assessment criteria, are set out in the following paragraph, shall carry out a final assessment report to be submitted to the instructor. The Director-General for Industrial Development or the body to whom he delegates shall make a duly substantiated proposal for a provisional decision, which shall be notified to the parties concerned, giving a period of 10 working days from from the following to that of the receipt of the notification in order to make claims or to accept it fully. In the event of the full acceptance of the proposal for a provisional resolution without allegations, it will be considered as final. In the event that allegations are received in respect of the draft interim resolution, the Management and Coordination Committee shall act on them. In the latter case, or if no reply is received within the prescribed period, the Director-General for Industrial Development shall make the final, duly substantiated proposal for a final decision to be notified to the interested, granting a period of 10 working days from the date of receipt of the notification in order to accept it in full, on the understanding that the request for no acceptance of the notification was rejected within that period. 3. In the event that the person concerned wishes the grant to be paid to him prior to the justification for the implementation of the project, he must express it expressly in accordance with the model sent to him next to the opening communication. of the hearing procedure. The application for advance payment must be submitted within the time limit set for the hearing. Failure to report within that period shall mean that no advance payment is desired. 4. Applications shall be evaluated and resolved on a competitive basis in accordance with the provisions of the additional twenty-ninth provision of Law 14/2000 of 29 December of Fiscal, Administrative and Social Order Measures

12th. Evaluation criteria.

1. Applications shall be evaluated in accordance with the following binding criteria: (a) Adequation to the priorities set out in the third paragraph of this order.

b) Quality and technical, economic and financial viability. c) Adaptation to the needs and potential of the area. (d) Use of appropriate technology for the nature of the project. e) Creation of employment in the area.

13th. Management and Coordination Committee. The Management and Coordination Committee shall be chaired by the Director General of Industrial Development and shall be the Deputy Director General of Strategic Programs. They shall be members of the public, the holders of the Subdirectorates General for the Promotion of Industrial Innovation and the Analysis of Sectors and the Industrial Environment, as well as a representative for each of the following Entes or Units: Telecommunications and Information Technologies, Center for Industrial Technological Development and Technical Cabinet of the Department's Secretariat. Representatives not belonging to the Directorate-General for Industrial Development shall be of the rank, at least, of Deputy Director General or assimilated. He shall act as Secretary-General of the Directorate-General for Industrial Development.

The legal status of the Committee will be set out in Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. In the event that collaboration agreements are concluded, in accordance with the first provision of this order, and determine in them that the assessment of the applications is carried out by the Autonomous Communities or the Local Authorities, the The composition of the Committee shall be laid down in the relevant Convention. Fourteenth. Resolution.

1. The decision to grant or refuse shall be issued by the competent body, the Secretary-General of Industry or the Director-General for Industrial Development, as provided by the delegations of powers laid down in the fifth paragraph of the Order. ITC/3187/2004 of 4 October, which delegated the powers of the Minister of Industry, Tourism and Trade and approved the delegations of powers of other higher bodies and managers of the department.

2. In any event, it should be noted that the total of the various regional aid which is expected to be eligible for a project or project will not exceed the intensity limit for the assisted area, according to the Spanish aid map. approved by the European Commission. The condition shall also be established that the assets, both tangible and intangible, subject to the aid, are affected by the action or project supported at least during the five years following its incorporation. 3. The resolution shall be notified within the maximum period of six months following the publication of the notice in the "Official Gazette of the State". The expiry of the said period without the express or the notification of the express decision is legitimate for the parties concerned to understand the application for aid as laid down in Article 44 of Law No 30/1992 of 26 November 1992. Legal status of the public administrations and the common administrative procedure, as amended by Law 4/1999 of 13 January. 4. The decision of the procedure, which shall be reasoned, shall end the administrative procedure. 5. The resolution shall contain, together with the data of the beneficiary, the data of the project or action accompanied by its characteristics and motivation, all the conditions deemed necessary for the development of the activity which is the object of the aid, as well as the fact that the beneficiary must include in the references it makes to the project or action, which it has been supported by the Ministry of Industry, Tourism and Trade.

15th. Resources.

1. The decision of the procedure for granting aid may be used in replacement proceedings before the same body which issued it within one month, in accordance with Articles 116 and 117 of Law No 30/1992. Without prejudice to the foregoing, it is possible, within two months of the day following its notification, to bring proceedings before the Court of Justice for the administrative and administrative proceedings of the Court of Justice of the European Union. National Hearing, in accordance with the provisions of Article 46.1 of Law 29/1998, of July 13, Regulatory of Jurisdiction-Administrative Jurisdiction.

2. In addition, against the alleged decisions of the procedure for granting such aid, it may be called upon to replace it within three months of the day following that in which the alleged act takes place, in accordance with the provisions of the Article 117.1 of Law 30/1992. Without prejudice to the foregoing, against such alleged decisions, an appeal may be brought before the Court of the Administrative-Administrative Court of the National Court within six months of the day following the day following that in which the proceedings were held. Article 46.1 of Law No 29/1998, which is presumed to be the case. 3. The interposition of resources before the Telematics Registry may be carried out through the Internet address www.mityc.es/recursos in the terms expressed in this standard and in accordance with the provisions of Order ITC/3928/2004, of November 12, by The creation of a Telematics Registry in the Ministry of Industry, Tourism and Commerce and the requirements and technical conditions for the reception or departure of applications, written and communications transmitted by telematic means.

sixteenth. Payment of the aid.

1. In reasonable and justified cases, upon request of the person concerned, the grant awarded may be paid, in part or in full, before the performance of the performance or project is justified.

2. The loans granted, which shall be considered as reimbursable contributions, shall be paid in advance of the justification for the implementation of the action or project. 3. In the case of payment of the aid under the loan method and in the case of advance payment of the aid in the form of subsidy, prior to the payment, the person concerned shall be required to contribute to the a guarantee to the General Deposit Box, in any of the manner provided for in the rules of the said Box and with the conditions laid down by it, for the amounts of the advance aid and the interest for late payment from the moment of the granting of the advance to the date of completion of the maximum period of justification the performance of the action or project to be supported. The interest for late payment will be that provided for in the General Budget Law. The security shall be released where the accreditation has taken place that the activity has been carried out and shall be affected to the fulfilment of all the conditions for granting the aid provided for in this Order. 4. If the guarantee is not lodged with the competent authority of the Ministry of Industry, Tourism and Trade within 40 working days from the date of notification of the request for the guarantee. In the case of a grant, it shall be understood that the grant shall be paid after the project has been justified and in the event of a repayable credit the applicant shall be deemed to have rejected his application. 5. In the case of loans, the security corresponding to the amount of the aid shall be released in instalments as repayments occur, while the amount corresponding to the interest on arrears shall be where the accreditation of the the activity that was the subject of the aid has been carried out. 6. Payment of the aid set out in this order shall be conditional upon the beneficiaries of their tax and social security obligations being met in accordance with the terms set by the Orders of the Ministry of Economy and Finance. of 28 April 1986 and 25 November 1987 within the maximum period of one month from the day following that of the notification of a request for the provision of such certificates in the event that such notification is made. The beneficiaries may authorise the processing body of the procedure by completing or not the box set out in the standard application model, which is obtained by telematic means, the certificates which they are required to submit on compliance with its tax obligations and with social security, in accordance with the provisions of Royal Decree No 209/2003 of 21 February on the regulation of telematic registers and notifications, as well as the use of telematic systems for the replacement of the contribution of certificates by citizens.

seventeenth. Justification and verification of the implementation of the project.

1. Investments and expenditure, or commitments of expenditure envisaged, must be carried out from 1 January to 31 December of the year in which the aid is granted. However, the firm payments made by the beneficiary of the aid and the corresponding justification can be made until 1 October of the following year.

2. Justification will be done by delivering the following documentation:

(a) Accreditation that the activity covered by the aid has actually been carried out, including the supporting documents for expenditure and payment, duly verified by an external audit in the event that it is required.

(b) Technical report describing the implementation of the project and the most significant data and incidents in its implementation.

3. The presentation of the above documentation shall be made from 1 January to 1 October of the immediate year after the granting of the aid, by way of delivery to the competent body for the verification of the project.

4. The aid beneficiary shall also provide the checks aimed at ensuring compliance with the purpose for which the aid was granted and the correct application of the funds received. In any event, the purpose shall be deemed to be unfulfilled if less than 75% of the financial budget of the action is carried out. 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. 5. The Directorate-General for Industrial Development, by itself or through the body or entity designated by it, shall verify compliance with the project which is the subject of the aid and shall verify that the amount of the aid has been applied to the specific purpose for which it is was granted. 6. Once the corresponding technical-economic verification has been carried out, the audit report shall be drawn up, which shall be signed by a representative of the Ministry of Industry, Tourism and Trade and another representative of the company or entity. beneficiary.

Eighteenth. Repayment of loans.

1. As a general rule, the repayment of loans shall be made in annuities of the same amount, with the first, at most, at the fifth year, from the date of its granting. The number of annuities, without regard to the previous period of absence, shall be no more than ten.

2. In justified cases of a singular nature and, subject to a report from the Management and Coordination Committee, extensions may be granted in respect of repayment periods. 3. The amounts to be reimbursed by the beneficiaries of the loans shall be considered as non-tax public debts and shall be entered directly into the Treasury. Failure to comply with this obligation within the time limits laid down shall determine the application of the provisions of the first paragraph of this order.

Nineteenth. Amendment of the decision to grant.

1. Any alteration of the conditions under consideration for the granting of the aid, as well as the concurrent obtaining of other aid granted by other public authorities, national or international, may give rise to the modification of the grant resolution.

2. The amendments or alterations to the initial conditions relating to the performance of the action which are the subject of the aid set out in the decision to grant and as defined in the technical report resulting from the assessment of the projects or actions corresponding to that determined by a decision of the Management and Coordination Committee, which occur due to circumstances beyond the will of the beneficiary institution, may give rise, on the basis of a reasoned request, to the corresponding Amendment of the schedule of delivery and, where appropriate, reimbursement of the aid. 3. In justified cases of a singular nature, at the reasoned request of the person concerned and subject to the report of the Management and Coordination Committee, extensions may be granted within the maximum time limits for carrying out the action or project. In addition, variations in the items constituting the financial budget may be authorised, without modification of the granting decision, provided that the total investment and the total investment for fixed assets are not reduced. The request for an extension of the implementation referred to in the preceding paragraph shall be made by the person concerned before 1 November of the year of the concession and, if it is to be accessed, it shall, if not necessary, involve the would have been made, the advance payment of the whole grant. Where partial payments had already been made, the amount to be paid would be the difference between the subscriber and the outstanding. These advance payments must be guaranteed in the terms set out in the 16th paragraph of this order. Granted the extension, which will never entail the alteration of the period of justification provided for in paragraph 17 (1), the presentation of the guarantee guarantee must be made, in this particular case, before the 15th of December of the year the concession. If the guarantee constitution guarantees are not submitted before that term, it shall be understood that the requested extension is removed. If the subsidy has been paid in advance and in full as a result of the request, the guarantee provided will be in the hands of the administration, so that only the grant of the extension will have to be decided upon.

Twenty. Control. -The beneficiaries of the aid will be subject to the control actions carried out by the institutions empowered to do so by the General Law of Grants.

Twenty first. Non-compliance and re-integration.

1. Failure to comply with the requirements set out in this order and other applicable rules, as well as the issues which, if any, are set out in the relevant concession resolution, shall give rise, in whole or in part, to the appropriate file for failure to comply, the cancellation of the infringement and the obligation to reintegrate the aid and the relevant legal interests, in accordance with the provisions of Title II on the reimbursement of grants under Law 38/2003, 17 of November, General of Grants. In addition, the provisions of Chapter I of Title IV of the General Law on Subsidies, in the case of administrative infringements in the field of grants and public aid, will apply.

2. In the event of any failure to comply with any of the conditions imposed by reason of the granting of the aid, account will be taken of the criteria for the failure to comply with the conditions for the granting of the aid. the percentage of eligible investment made on the total eligible investment and the days of delay in the submission of the supporting documentation. 3. Where the applicant has been required to set up the security for the grant of the aid, the Directorate-General for Industrial Development may agree on its implementation.

Additional disposition first. Collaboration with Autonomous Communities and Local Authorities.

For the implementation of the aid scheme governed by this order, cooperation agreements with Autonomous Communities and Local Authorities may be concluded.

Additional provision second. General rules.

The aid referred to in this order, in addition to that provided for by this order, will be governed by the provisions of Law 47/2003 of 26 November, General Budget, by Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure, by Law 38/2003, of 17 November, General of Grants and by Royal Decree 2225/1993 of 17 December, approving the Rules of Procedure for the granting of public subsidies, in so far as it does not contravene Law 38/2003, of 17 November, General of Grants, as well as the other rules applicable to them.

Additional provision third. Forms.

The forms for the application for aid set out in Annexes I and II to this order may be adapted for each financial year by means of a decision of the General Secretariat of Industry.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what is established in this order.

Final disposition first. Application and execution of this order.

The Directorate-General for Industrial Development will take the necessary steps to implement and implement this order.

Final disposition second. Entry into force.

This order will take effect the day following its publication in the "Official State Gazette". However, the aid covered by this order shall not be paid until the European Commission has authorised this aid scheme.

Madrid, 12 April 2005.

MONTILA AGUILERA

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