The National Plan for Scientific Research, Development and Technological Innovation (2000-2003) has among its strategic objectives, the increase in the level of Spanish science and technology, both in size and in quality. In this sense, the National Plan aims to provide the science-technology-enterprise system with structures that foster the interrelationship between the research sector and the productive sector. One of the nodes of relationship between the research world and the world of companies are science and technology parks.

The Order of 6 November 2001 seeks to strengthen the scientific and technological component of the parks, always considering the meaning and appropriateness of the project in the plan of viability and management structure of the park.

This Order amends the Order of 6 November 2001, in order to adapt its content to the normative provisions and to the needs that have been identified with the implementation of the periodic calls for aid.

Six modifications are introduced. The first specifies the concept of a beneficiary, stressing that it must be a promoter of a scientific or technological park. The second introduces the new Community definition of SMEs given in the Recommendation of the European Commission of 6 May 2003 on the definition of micro, small and medium-sized enterprises. The third amendment corrects the definition of a proposal in cooperation to clarify that the applicant is unique. As soon as the external audit has been specified, it will be required if the resolution points out-and on dates for making payments and presenting documentation. The fifth amendment incorporates the provisions of Royal Decree No 209/2003 of 21 February on the regulation of telematic registers and notifications and the use of telematic means for the replacement of the (i) the fact that a certificate is not required if the person concerned authorises the Ministry of Science and Technology to request the relevant data transmission. Finally, the interests of delay required in the endorsements are abolished and other aspects are added in the regulation of guarantees, specifying the formalities for their release and introducing modifications that facilitate management.

This Order has been informed by the State Advocate in the Department, and is issued under the exclusive competence of the State in the field of the promotion and general coordination of scientific and technical research, established by Article 149.1.15.a of the Spanish Constitution.

In its virtue, I have:

First. Amendments to the Articles of Order 6 of November 2001 laying down the regulatory basis for the granting of aid for R & D actions carried out by entities promoting scientific and technological parks. amend Articles 4, 5.2, 15.1, 15.2, 16.1, 16.3 and 16.4 of the Order of 6 November 2001 laying down the regulatory bases for the granting of aid for R & D actions carried out by park-promoting entities Scientists and technology, in the form and with the following wording:

1. Article 4 "Beneficiaries" of the Order of 6 November 2001 is amended, with the following wording:

" 1. They may be applicants and, where appropriate, beneficiaries of aid in the form of repayable advances by public or private undertakings which are legal persons, which promote the development of a scientific or technological park, and submit projects of equipment in accordance with the terms of Article 2.

2. Where, in these bases, small and medium-sized enterprises (SMEs) are referred to, they shall be understood in accordance with the Recommendation of the European Commission of 6 May 2003 on the definition of small and medium-sized enterprises, the companies that meet the following requirements:

To employ less than 250 people.

Its annual turnover does not exceed EUR 50 million, or its annual balance sheet does not exceed EUR 43 million.

These are self-employed companies, which are understood by those companies that cannot be classified as an associated company or as a related company according to the definition of these concepts given in Article 3 of the Annex to the Recommendation of the Commission of 6 May 2003. '

2. Article 5 (2) "Modes of Participation" of the Order of 6 November 2001 is amended, with the following wording:

" 2. Proposal for cooperation: proposal for which several future beneficiaries are involved. A single application shall be submitted.

In the proposals in cooperation, one of the members will act as coordinator and the others as participants. The coordinator shall be the aid applicant and the person responsible for the performance of the action before the Ministry of Science and Technology for all purposes. To this end, it will channel the relationship with the participants and, if necessary, provide the supporting documentation of the performance of the action. The payment of the aid granted shall be made to the coordinator, who shall be responsible for the immediate transfer to each participant of the funds corresponding to him.

All this, without prejudice to the rights and obligations which, arising from the condition of beneficiaries, have the coordinator and the participants. "

3. Article 15 (1) and (2) of the Order of 6 November 2001, which is worded as follows:

" 1. The investments and expenditure or commitments of expenditure envisaged must be carried out from 1 January to 31 December of the year for which the aid is granted. However, the corresponding firm payments made by the beneficiary of the aid may be made in the following year provided that they have been made within the time allowed for the submission of the supporting documents.

2. The beneficiary shall submit the technical and economic documentation and reports to justify the implementation of the project or action covered by the aid 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 is required in the Resolution of concession.

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

The presentation of the documentation shall be made from January 1 to March 1 of the immediate year after delivery to the competent body for the performance of the project or action. "

4. Article 16 (1), (3) and (4) of the Order of 6 November 2001 are amended as follows:

" 1. In order to comply with the requirements of the second subparagraph of Article 81 (7) of the Recast Text of the General Budget Law, approved by Royal Decree No 1091/1988 of 23 September 1988 and by the Orders of the Ministry of Economics and Finance of 28 April 1986 and 25 November 1987, the payment will be conditional on the contribution by the parties concerned of the supporting documents and the certificates of being current in the fulfilment of their obligations. Tax and social security. This contribution shall not be compulsory provided that the person concerned expressly consents to his replacement by telematic certificates or data transmissions required by the processing authority in accordance with the provisions of the Royal Decree Regulation (EC) No 209/2003 of 21 February 2003 on the control of telematic registers and notifications and the use of telematic means for the replacement of the contribution of certificates by citizens. '

" 3. The repayable advances shall be paid in advance of the justification for the performance of the action or project, provided that the guarantee constitution has been justified in the terms set out below.

If the motion for a resolution is an estimate, together with the notification of the start of the process of hearing of the same, the interested party will be asked to contribute to the guarantee of constitution of the guarantees to the Caja General of Deposits, in any of the modalities provided for in the regulations of the aforementioned Caja and with the requirements established for them, for the amount of the aid that is proposed to be granted.

If the guarantee constitution is not filed with the competent authority of the Ministry of Science and Technology within forty working days from the date of notification of the request of its The applicant shall be deemed to have received his request. '

" 4. The guarantees shall be released in instalments as the repayment of the advance payment occurs. If the resolution granted a lower amount of aid than the amount indicated in the proposal, the guarantee would be reduced to that amount. In any event, the release of the securities shall require the express decision of the management body at the disposal of which it is constituted.

The contribution of the securities to the provision of guarantees shall not imply the generation of any right in front of the Administration, nor prejudge the content of the final grant resolution, nor does it generate any subjective right to obtaining the aid by the person concerned. '

Second. This Order is issued under the exclusive state competence for the promotion and general coordination of scientific and technical research, provided for in Article 149.1.15.a of the Spanish Constitution.

Third. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 3 July 2003.

PIQUE I CAMPS

Excmo. Mr. Secretary of State for Scientific and Technological Policy.