The strengthening of clusters has been part of the European innovation strategy for years. In the new policies developed in Europe, through the Smart Specialisation Strategies, clusters are considered to be important innovation agents, as in the Framework Programme for Research and Innovation (2014-2020) -Horizon 2020.

In our country, the new Spanish Strategy for Science and Technology and Innovation 2013-2020 raises the need to strengthen the role of clusters as agents capable of fostering collaboration between universities and R & D and the productive fabric as a measure of competitiveness improvement.

The Ministry of Industry, Energy and Tourism, since 2006, has developed a policy aimed at creating and strengthening clusters through the Program to support Innovative Business Groups.

However, after seven years of operation, it is necessary to reorient this Program in such a way as to achieve a system of internationally competitive clusters that have a high impact on national activity.

This new programme aims to promote the excellence of innovative business clusters by concentrating aid on innovation projects, promoting cooperation between companies and facilitating their participation in innovation. innovation and internationalisation programmes for other national and European bodies.

In addition, the experience gained in the management of these aids advises to introduce some modifications to the current regulations aimed at improving the efficiency of this management and adapting it to the economic and current budget.

The articulated of this order is structured in two chapters. The first chapter contains general provisions, setting out, inter alia, the general objectives, the scope, the beneficiaries, the types of aid and their limits, while the second chapter lays down, inter alia, issues, the management procedure, the way the application is made, the process of assessment, payment and justification of the aid.

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.

On the other hand, Law 38/2003, of 17 November, requires that, in general, the procedure for granting is a competitive one and that the budget available in the calls for financial support be made explicit. These requirements prevent the territorialized management of projects under this order, because many of the autonomous communities lack such support programmes and the impossibility of establishing prior criteria for the the distribution of the budget, which makes it unfeasible to determine a distribution of the budget by autonomous communities. This determines that the budget cannot be broken down, so the assumption of the second paragraph of Article 86.1 of Law 47/2003 of 26 November, General Budget, and determines state competence and management is applicable. centralized of this type of support.

For the above, and in accordance with the provisions of the aforementioned paragraph of Article 86.1 of Law 47/2003 of 26 November, the management of the grant of financial support must be carried out centrally by the Ministry of Industry, Energy and Tourism to ensure the full effectiveness of the actions to promote industrial competitiveness, as well as to guarantee the same possibilities of obtaining or enjoying it by its potential Recipients throughout the national territory.

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 regulatory basis for the granting of support to Innovative Business Groups (AEI) in order to improve the competitiveness of small and medium-sized enterprises.

2. Such aid is granted in accordance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.

Article 2. Material application scope.

1. This order shall apply to the industrial and service sectors referred to in Article 3 of Law 21/1992 of 16 July 1992 on Industry, without prejudice to the provisions of Community legislation.

2. In any event, in accordance with Article 1 of Commission Regulation (EU) No 1407/2013 of 18 December 2013, the following aid is excluded from the application of the provisions of this order:

(a) Aid granted to undertakings operating in the fisheries and aquaculture sectors covered by Council Regulation (EC) No 104/2000 of 17 December establishing the common organisation of the market in fisheries and aquaculture in the field of fishery and aquaculture products.

(b) Aid granted to undertakings engaged in the primary production of agricultural products;

(c) Aid granted to undertakings operating in the processing and marketing of agricultural products, in the following cases:

i. Where the amount of the aid is determined on the basis of the price or quantity of products of this type acquired from primary producers or marketed by the undertakings concerned,

ii. where the aid is conditional on the fact that part or all of the aid is passed on to the primary producers;

(d) aid for export-related activities to third countries or Member States, i.e. aid directly linked to the quantities exported, to the establishment and operation of a network of distribution or other current expenses linked to the export activity;

e) the aid conditional on the use of national products instead of imported ones.

Article 3. Innovative Business Pool (AEI) features and definition.

1. The purpose of the aid will be to strengthen the business groups which fulfil the characteristics, purposes and requirements of the Innovative Business Groups (AEI), set out in Order IET/ 1444/2014, 30 July, for which the Register of Innovative Business Pools of the Ministry of Industry, Energy and Tourism is regulated.

2. For the purposes of this order, an AEI is defined as the combination, in a geographical area, or productive sector, of companies and research and training centers, public or private, involved in collaborative exchange processes aimed at to obtain benefits and/or benefits arising from the implementation of concrete projects of an innovative nature. The activity of the AEI should be organised around a branch or scientific or technological sector and/or a target market or market segment.

Article 4. Concession scheme.

The present aid will take the form of grants and will be dealt with under competitive competition and in accordance with the principles laid down in Article 8 of Law 38/2003 of 17 November for support to the actions contained in Article 6.

Article 5. Funding.

State funding for these grants will be charged to applications that are determined for each year in the corresponding State General Budget and will be specified in each call.

Article 6. Types of projects and actions to be supported.

1. The projects and actions to be covered by the aid shall be as follows:

a) It is possible to implement and develop the structures for the coordination and management of "incipient" AEI through the financing of part of the staff costs and the administrative and operational costs.

(b) Realisation of technical feasibility studies, including preparatory studies for research, experimental development and innovation projects to enable access to Community, state, regional and local programmes. Municipal support in force. In the case of clusters in the tourism sector, specific activities and feasibility studies should incorporate the implementation of a pilot or prototype, and should be adapted to the aims and objectives set out in the National Plan and Integral de Turismo (PNIT) 2012-2016.

c) Development of innovative activities. These activities may be innovations in products (completely new goods and services or significant improvements of existing ones), processes (significant changes in the means of production and distribution), innovations (a) the organisation of new organisational methods, such as changes in the company's practices, the organisation of the workplace or the external relations of the company) or innovations in marketing (set up in the practice of new marketing methods, such as design and design changes packaging of products, in the promotion and placement of products and in the methods of charging for goods and services).

d) Development of product innovation activities and/or process in cooperation among several members belonging to one or more entities registered in the Register of Innovative Business Pools. In this type of action, when the participants belong to different AEI registered in the Register, a single group will act as the applicant and coordinator of the project and interlocutor with the Ministry of Industry, Energy and Tourism, and the number of entities participating in the action and identifying which are, as well as the budget, detailed by items, which corresponds to each of them, shall be defined in the application.

In cooperation projects or actions to be submitted, in addition to the AEI project coordinator, at least two other entities, up to a maximum of five. The contribution of each participant shall not be less than 10%.

The entities participating in these projects must have their relationships formally formalized by means of a contract, agreement or agreement in which the rights and obligations of the individual subjects are established.

2. The respective calls for aid will be determined for the types of specific projects to be convened, always within the projects referred to in the previous paragraph.

Article 7. Beneficiaries.

1. They may be eligible for such aid, in accordance with Article 11.3 of Law 38/2003 of 17 November, the following:

(a) For the aid referred to in Article 6 (a) (a) of this order, relating to the implementation and development of the structures for the coordination and management of start-up AEI by financing part of the costs of staff and administrative and operational expenditure, only entities registered as "incipient" in the Register of Innovative Business Groups of the Ministry of Industry, Energy and Tourism shall be eligible.

(b) For the actions provided for in Article 6.1.b) only those entities registered in the Register of Innovative Business Groups of the Ministry of Industry, Energy and Tourism may be beneficiaries.

(c) For the actions provided for in Article 6.1.c) only those entities registered in the Register of Innovative Business Groups of the Ministry of Industry, Energy and Tourism may be beneficiaries.

(d) For the actions provided for in Article 6.1.d), those entities registered in the Register of Innovative Business Groups of the Ministry of Industry, Energy and Tourism and its members may be eligible.

2. In any case, the beneficiaries must meet the requirements laid down in Article 13 of Law 38/2003 of 17 November. Undertakings, groups or institutions in which one of the prohibitions laid down in that Article is present, shall not be eligible for the aid provided for in this order.

Article 8. Eligible expenditure.

The aid provided for support to AEI will be used to cover expenditure directly related to the development of the project or action for which it has been granted. Such aid shall apply to the following concepts:

(a) Expenditure on technical personnel directly involved in the implementation of the actions or projects, with a working relationship with the beneficiary or with undertakings or bodies of the grouping and included in the contribution groups Social security falling between 1 and 4, or an economically autonomous group dependent on the group, in accordance with Law 20/2007 of 11 July of the Autonomous Labour Statute and the Royal Decree 197/2009 of 23 February, for which the The Staff Regulations of the Autonomous Work of the Economically Autonomous Worker dependent and their registration and the State Register of professional associations of self-employed workers is created. The maximum salary ceilings are set out in Annex II to this order.

(b) External partnerships, in particular external expenditure for consultancy and assistance services, which are specified in detail in the request for assistance and are necessary for the implementation of the planned action. External collaborations shall not be considered as those made by entities belonging to the Innovative Business Group. The cost of external collaborations may not exceed 80% of the total cost of the performance.

(c) Intercity travel and accommodation, both domestic and international, necessary for the performance of the activity, by the technical staff referred to in paragraph (a) of this Article 8. The ceilings for the maximum acceptable amounts are set out in Annex II to this order.

(d) In the actions described in Article 6 (a) (a), the expenditure of administrative staff and expenditure relating to services necessary for the operational management of the institution, except for financial and financial expenditure, shall also be eligible. investment. For example, expenses are included for lease, repair and preservation of assets and office equipment among others. The financial limit for the latter expenditure shall be at most 20% of the total costs of technical and administrative personnel chargeable as a direct cost to the project or action.

e) In no case will any tax rate be considered eligible.

Article 9. Intensity of the aid.

1. In support of the implementation and development of the coordination and management structures of the EIP described in Article 6 (a), up to 70% of the eligible expenditure and a maximum of EUR 70 000 may be supported. per year.

2. The specific activities to carry out technical feasibility studies of a preparatory nature for technology and innovation projects, as described in Article 6.1.b), may be subsidised up to 70% of the expenditure concerned. eligible for a maximum of EUR 75,000.

3. The innovation activities described in Article 6 (c) may be subsidised up to 70% of the eligible expenditure with a maximum of EUR 100 000.

4. The cooperation activities described in Article 6 (d) may be subsidised up to 70% of the expenditure of each beneficiary considered eligible for a maximum of EUR 100,000 per project per year.

Article 10. Compatibility with other aids.

1. The perception of the aid covered by 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.

This compatibility will be conditional on the following rules:

(a) that the cumulation of several aid for the same subsidised action cannot exceed the aid intensity laid down for the specific circumstances of each case in a block exemption regulation or in a Decision adopted by the Commission. In this case, the limits set will apply both if the contribution for the subsidised action comes from state resources or partly financed by the European Union.

(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.

c) That when in the financing of one or more of the aid referred to in this order, other public administrations as co-financing of the aid, together with the Ministry of Industry, Energy and Tourism Their joint financing by the Ministry of Industry, Energy and Tourism will under no circumstances exceed 90 percent of the total public funding they receive.

2. 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) the amount of the aid granted, or may even lead to the withdrawal of the aid granted, to the waiver, or to the withdrawal of the aid requested.

CHAPTER II

Aid management procedure

Article 11. Formalisation and submission of applications.

1. Applications for support for the support for AEI shall be addressed to the instructor and shall be submitted in the electronic register, which is accessed through the electronic headquarters of the Ministry of Industry, Energy and Tourism.

2. An application shall be submitted for each project, feasibility study or innovative activity.

3. The time limit for the submission of applications shall be no more than two months from the publication of the call in the Official Gazette of the State.

4. The application shall consist of three elements: applicant's basic data, questionnaire and memory:

(a) The standard models of the applicant's data and the questionnaire will be published in the relevant calls and will also be available for completion and presentation at the Ministry's electronic headquarters. Industry, Energy and Tourism (https: //sede.minetur.gob.es).

(b) The memory, as set out in Annex I of this order, shall be composed of:

1. The Technical Memory of the Performance.

2. Economic Memory relating to the cost and mode in which it is to be financed.

3. º Information regarding, if any, the external contributors who will participate in the performance of the performance.

4. The Declaration of public aid received for the execution of the project that is the subject of the application.

5. Third Third Party Declaration of Binding, for the purposes of the additional provision 9 of Law 38/2003 of 17 November.

The format of the electronic file containing the project or performance memory must correspond to either of the following: "pdf", "rtf", "txt", "doc" or "wpd" and in no case will exceed 3 Mbytes of information.

In the case of the actions described in Article 6.1.d), it must also be provided:

(a) Document of agreement between the participants in the cooperation project in which the scope of the agreement and the conditions for participation in the project are included.

(b) Statement of aid, signed by the legal representative of each of the participating undertakings, indicating all the aid granted or requested for the same action, and all the aid granted to it de minimis that have been granted or requested during the current fiscal year and the two preceding ones.

c) Responsible statement signed by the legal representative of each of the participating companies.

5. The submission of the application and other additional documents shall be made in the register of the electronic headquarters of the Ministry of Industry, Energy and Tourism by means of advanced electronic signatures. The electronic certificate with which the presentation is made shall correspond to the legal representative of the entity requesting the aid.

6. If the electronic means for the submission of applications is not used, the instructor shall require the appropriate remedy, warning that, if this requirement is not met, the presentation by another means shall be valid or effectiveness.

7. The applicant shall accompany the valid accreditation of the power of the signatory of the application, which shall be provided by any means which permits to be aware of its authenticity, as provided for in Chapter III of Royal Decree 772/1999, May 7, for which the submission of applications, written and communications to the General Administration of the State is regulated, the issue of copies of documents and the return of originals and the regime of the registry offices.

8. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days, counted from the day following receipt of the request, address the missing or accompany the documents. The Court of Justice of the European Communities, acting in accordance with the provisions of Article 71 of Law No 30/92 of 26 November 1992 on the legal arrangements for public and public administrations, is required to provide the Commission with a view to the Common Administrative Procedure.

9. In accordance with Article 22.4 of Regulation 38/2003 of 17 November, approved by Royal Decree 887/2006 of 21 July, the application for the grant of aid shall include, within the data of the applicant, the declaration that the It gives its express consent to the granting of direct access to the accreditation of compliance with tax obligations and social security through electronic certificates. However, the applicant may expressly refuse consent, and shall then provide such certification when required by the instructor.

10. The applicant shall declare the aid which it has obtained or requested for the actions or projects covered by this order, either by submitting the proposals or at any subsequent time in which this circumstance occurs.

Article 12. Competent bodies to convene, instruct and resolve the procedure.

1. The aid covered by this order shall be convened by order of the Minister for Industry, Energy and Tourism, without prejudice to the competition delegations in force in this respect.

2. It shall be competent for the instruction and management of the grant procedures referred to in this order, the Directorate-General for Industry and Small and Medium-sized Enterprises.

3. It shall be competent to raise the proposal for a grant through the instructor, in accordance with the terms of Article 22.1 of Law 38/2003 of 17 November, as a collegiate body, an evaluation committee composed of: a representative of the Directorate-General for Industry and Small and Medium-sized Enterprises, acting as secretary, by a representative of the Technical Cabinet of the General Secretariat of Industry and Small and Medium-sized Enterprises, by a representative of the Deputy Secretary, by a representative of the Secretary of State for Tourism, by a representative of SEGITTUR, by a representative of the National Innovation Company (ENISA), by a representative of the Directorate-General for Innovation and Competitiveness of the Secretariat of State for Research, Development and Innovation and a representative of the Centre for the Industrial Technological Development (CDTI). The evaluation committee shall be chaired by the head of the Directorate-General for Industry and Small and Medium-sized Enterprises.

The representatives referred to above shall be appointed, by the holders of the respective bodies to which they belong, between officials of Subgroup A1, with a level of complement of destination not less than 28 or, where appropriate, a Equivalent position.

4. It shall be competent for the resolution of the procedures for granting the grants referred to in this order, the Minister for Industry, Energy and Tourism, without prejudice to the existing delegations on the matter.

5. For the management of the grants, it will be possible to have collaborating entities that will receive from the beneficiaries the justification of the expenses and will make the payments. The collaborating entities shall carry out the functions provided for in Article 15 of Law 38/2003 of 17 November, and shall be selected by means of an open and transparent tendering procedure. Only business public entities and state commercial companies may act as collaborating entities.

Article 13. 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 largest to the least, and as far as the available budget credit is available, applications whose proposals exceed the 50-point rating may be eligible for aid.

This qualification will result from evaluating the criteria set for each of the lines of action or eligible projects and adding the score obtained in each of them.

2. The criteria and scales to be used for the assessment of applications for partial financing of the operation of the coordination and management structures of the AEI referred to in Article 6 (1) (a) of this order shall be the following:

(a) Equation of the total amount of eligible expenditure proposed in the application to the dimension and characteristics of the organisational and coordination structure of the AEI (from 0 to 40 points).

b) Dimension and characteristics of activities supported by organizational and coordination structures (from 0 to 40 points).

c) Degree of detail of the request in relation to the types of expenses for which funding is requested (from 0 to 20 points).

3. The scoring criteria and scales to be used to evaluate the applications referred to in the actions described in Article 6.1.b) of this order (technical feasibility studies for research and innovation projects) shall be as follows:

a) Interest and coherence of the objectives pursued through the activities to be carried out with the priorities defined in the Strategic Plan of the AEI (from 0 to 15 points).

b) Consistency between the external dimension and projection of the AEI and the dimension and cost of the proposed activities for which the aid is requested (from 0 to 30 points).

c) Potentiality of the actions to be performed in order to obtain practical results in terms of portfolio of innovation projects and achievements achieved with the actions developed in previous years (from 0 to 35 points).

d) Degree of detail of the request in relation to the types of expenditure for which funding is requested (from 0 to 20 points).

4. The scoring criteria and scales to be used to evaluate the applications referred to in the actions described in Article 6.1.c) and d) of this order (innovative activities) shall be as follows:

a) Interest and coherence of the objectives pursued through the activities to be carried out with the priorities defined in the Strategic Plan of the AEI (from 0 to 15 points).

b) Consistency between the external dimension and projection of the AEI and the dimension and cost of the proposed activities for which the aid is requested (from 0 to 30 points).

c) Potential of the actions to be carried out in order to obtain practical results in terms of the improvement of the competitiveness of the companies of the AEI, and realizations achieved with the performances developed in exercises points (0 to 35 points).

d) Degree of detail of the request in relation to the types of expenditure for which funding is requested (from 0 to 20 points).

Article 14. Hearing and resolution.

1. In the light of the proposal for a concession agreed by the Committee on the Evaluation of Article 12 of this Order, the instructor shall make the proposal for a provisional, duly substantiated, resolution to be notified to the interested parties. which, within 10 days, make the arguments which it considers appropriate, where appropriate, by providing the formal documents required by the said proposal, the instructor being empowered to raise the proposal for a final decision to the competent authority to resolve.

2. Having examined the arguments submitted, where appropriate, by the interested parties, the instructor will make the final proposal for a resolution which will be notified to the beneficiaries so that, within 10 days, they will be notified of their acceptance or waiver of the aid granted. The absence of an express reply from the person concerned, within the prescribed period, shall determine that the request is withdrawn. The proposals for interim and final resolution do not create any right in favour of the beneficiary vis-à-vis the Administration, while the granting decision has not been notified to it.

3. Once the proposal for a final decision has been raised, the appropriate resolution or withdrawal of the aid requested by the competent body shall be issued. That decision shall state the de minimis nature of the aid granted, making express reference to Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on European Union. The functioning of the European Union for de minimis aid.

4. That decision shall terminate the administrative procedure, in accordance with the provisions of Article 109 of Law No 30/1992 of 26 November 1992, in respect of the additional provision of Law No 6/1997 of 14 April 1997, of the Organization and Operation of the General Administration of the State. It may be brought against it for a period of one month from the day following that of the notification of the decision, in accordance with the provisions of Articles 116 and 117 of Law No 30/1992 of 26 June 1992. November. Without prejudice to the foregoing, these decisions may be brought before the Court of Justice of the National Court, within two months of the day following that of the Court of Justice. Article 46.1 of Law 29/1998 of July 13, which regulates the Administrative-Administrative Jurisdiction, is notified in accordance with Article 46.1 of Law 29/1998. In the case of an application for a replacement, an administrative dispute may not be brought until the replacement facility is expressly resolved or the presumed dismissal of the remedy occurs.

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. Notifications shall be made in accordance with the provisions of Articles 58 and 59 of Law No 30/1992 of 26 November 1992.

7. The lists of orders for the award of aid shall be published in the electronic headquarters of the Ministry of Industry, Energy and Tourism, on the aid portal (http://www.minetur.gob.es/portalayudas). the effects of notification as provided for in Article 59.6 (b) of that Law No 30/1992 of 26 November on competitive competition procedures.

Article 15. Notifications and communications.

1. According to the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services and Royal Decree 1671/2009, of November 6, for which the aforementioned law is partially developed, the Electronic processing will be compulsory in the following stages: submission of the application, evaluation, notifications of the proposal for a provisional resolution, the proposal for a final decision and the decision to grant or refuse aid, as well as in the justification and verification phases and in the recovery procedure.

2. The Ministry's communications to the interested parties, such as the requirements for the remedy, proposals for interim resolutions, proposals for final decisions, orders and orders, other similar communications and of the other acts of the procedure shall be published in the Ayudatec portal of the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), and shall have all the effects of the notification given in accordance with the provisions of the Article 59 (6) (b) of Law No 30/1992 of 26 November 1992 on the competitive concurrency procedures. From that portal, those interested in electronically identifying themselves will be able to access these documents.

3. In those cases where, as a result of the justification and verification phases, a refund procedure is carried out, the notifications relating to that procedure shall be made in the form of notification by Electronic appearance, as set out in Article 40 of Royal Decree 1671/2009 of 6 November 2009, cited above.

4. The forms and models of electronic documents to be completed by the applicant in the different phases of the procedure will be published in the corresponding call and will also be available in the portal Ayudatec of the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), together with the electronic signature tools.

Article 16. Modifications.

1. The actions supported shall be implemented in the time and form to be established in the decisions to be granted. However, where specific circumstances arise which alter, in so far as it is not substantial, the technical or economic conditions taken into account for the granting of the aid, the beneficiary may request the amendment of the (a) a decision to grant, in respect of the period of execution, replacement of staff, change of external staff, increases or minorations of the expected costs and other causes of similar nature independent of the will of the beneficiary.

2. Authorization of a modification to the project will require cumulatively:

(a) that the change does not affect the objectives pursued with the aid, its fundamental aspects, the determination of the beneficiary.

b) That the change, in the case of variations not related to the deadlines, is requested 2 months before the end of the project execution period, and is expressly accepted.

3. The amendments must be approved by the granting body of the aid. With regard to the time limit for implementation, in duly justified cases, and on the basis of a reasoned request from the beneficiary, the beneficiary may request its extension before the end of the period laid down for the implementation of the activity. The acceptance or refusal of this application shall be made expressly and shall be notified to the person concerned, with the extension granted to the limits laid down in Article 49 of Law No 30/1992 of 26 November.

Article 17. Payment.

1. The advance payment of the grant shall be made, subject to the justification by the beneficiary of the performance of the actions referred to in the project. Such payment may be made without the need for the provision of guarantees.

The payment of the aid shall be conditional on the existence of a record on the part of 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 Law 18/2003, of November 17, among them the fact that they are aware of their tax obligations and social security. Where the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to provide, without prejudice to the notification of the requirement, within a maximum period of 10 days from the day following the notification of the requirement. of the provisions of Article 11.9.

2. In the case of the actions provided for in Article 7 (d), payment shall be made to the AEI project coordinator, which shall, in turn, transfer the amount of aid to the recipient undertakings.

3. As provided for in Article 12 (5) of this order, 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 to the the decision to grant the aid.

Article 18. 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.

2. The beneficiary shall make an express statement of the amount of aid or grants awarded for the same activity or conduct by any public administration or entity, and of the aid obtained or requested under the Community aid rule de de minimis.

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, according to the standard model to be provided for that purpose.

4. Expenditure shall be credited by means of invoices and other documents of probative value equivalent with validity in commercial legal traffic or with administrative efficiency.

The supporting documents presented shall be marked with a stamp, indicating the subsidy for which the justification has been submitted and whether the amount of the supporting document is wholly or partly attributed to the subsidy. In the latter case the exact amount to be affected by the grant shall also be indicated.

5. All documentation for the implementation of the project or action shall be submitted by electronic means and with advanced digital signature, in accordance with the provisions of Order EHA/2261/2007 of 17 July, which regulates the use of means electronic, computer and telematics in the justification of the grants.

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.

It also does not exempt beneficiaries from retaining the originals of the expenditure and payment supporting documents, audit reports, etc., in case they are subsequently required by the aid managing body or, when carrying out the legally provided control activities, by the General Intervention of the State Administration or the Court of Auditors.

Article 19. Graduation criteria for possible defaults.

1. The total non-compliance for the purposes for which the aid was granted, or for the realisation of the bankable costs, or the obligation of justification, or any other cause of the costs referred to in Article 37.1 of Law 38/2003, of 17 November, shall give rise to the loss of the right to the recovery of the aid granted and, where appropriate, to the repayment of the advance payment plus interest on late payment from the time of payment to the date on which the repayment is agreed.

2. Where compliance by the beneficiary is, according to the supporting documentation accepted, at least 60 per cent of the total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the aid, the following criterion shall be taken into account:

The partial non-performance of the purposes for which the aid was granted, or of the realisation of the financial investment, or of 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. In the case of a compliance less than 60% as referred to in the previous number 2, it is understood that there is total non-compliance, which will lead to the consequences set out in the number 1 of this Article.

Article 20. Refund procedure.

1. The act by which the refund procedure is initiated shall indicate the cause which determines its commencement, the non-compliance obligations 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 resolution shall indicate who is the person required to return, the obligations under consideration, the cause of the refund and the amount of the grant to be reintegrated together with interest on late payment.

Article 21. Advertising.

Any reference made by the beneficiaries to the project covered by the present aid must indicate that it has been supported by the Ministry of Industry, Energy and Tourism and include in the advertising measures, the logo the Government of Spain, the Ministry and the Programme of Support for Innovative Business Groups.

Article 22. Applicable rules.

The aid referred to in this order will be governed, in addition to its provisions, by the provisions of Law 38/2003 of 17 November, and its Regulation approved by Royal Decree 887/2006 of July 21, Law 47/2003, of 26 November, General Budget, Law No 30/1992 of 26 November and the other implementing provisions, as well as in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of the Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of this order and, in particular, Order IET/1600/2012 of 16 July laying down the regulatory bases, the aid and the management of measures to improve the competitiveness of small and medium-sized enterprises by supporting innovative enterprise clusters.

Final disposition first. Competence title.

1. This order is dictated by the state competence to lay the foundations and coordination of the overall economic activity planning attributed by Article 149.1.13. of the Constitution.

2. Law 38/2003 of 17 November requires that, in general, the procedure for granting is a competitive one and that the budget available in the calls for financial support be made explicit. These requirements prevent the territorialized management of projects under this order, because many of the autonomous communities lack such support programmes and the impossibility of establishing prior criteria for the the distribution of the budget, which makes it unfeasible to determine a distribution of the budget by autonomous communities. This determines that the budget cannot be broken down, so the assumption of the second paragraph of Article 86.1 of Law 47/2003 of 26 November, General Budget, and determines state competence and management is applicable. centralized of this type of support.

For the above, and in accordance with the provisions of the aforementioned paragraph of Article 86.1 of Law 47/2003 of 26 November, the management of the grant of financial support must be carried out centrally by the Ministry of Industry, Energy and Tourism to ensure the full effectiveness of the actions to promote industrial competitiveness, as well as to guarantee the same possibilities of obtaining or enjoying it by its potential Recipients throughout the national territory.

Final disposition second. Limitation of staff costs in the General Administration of the State.

The measures included in this order will be met with the ordinary budget allocations and will not be able to increase appropriations, remuneration or other staff expenditure, even in the form of allowances or travel expenses.

In addition, the creation and operation of the planned collegiate body, the Evaluation Commission, will be addressed with the personal, technical and budgetary resources assigned to the body in which it is integrated, without the assistance to their meetings may give rise to the payment of any remuneration.

Final disposition third. Entry into force.

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

Madrid, August 1, 2014. -Minister of Industry Energy and Tourism, José Manuel Soria López.

ANNEX I

Project's technical and economic memory

Memory of the help request to support the operation of management structures and promote the realization of specific projects of innovative enterprise clusters (AEI)

The Help Request Memory will include five sections:

Paragraph 1. Technical memory. Preliminary draft of the proposed action.

Paragraph 2. Economic Memory. Cost of performing and financing the action.

Paragraph 3. Information on the external partners who, if any, will participate in the proposed action.

Paragraph 4. Declaration of public aid received by the requesting entity or by the beneficiary companies in the case of the actions referred to in Article 7.1.d.

Paragraph 5. Statement of engagement with third party of the Applicant (additional provision novena. 3 of Law 38/2003, of 17 November).

The content of each of these five sections is described below:

Paragraph 1. Technical memory.

Point 1.a) Technical memory for the operation of the coordination and management structures of the EIP. The technical memory must include a description of the objectives of management and coordination within the strategy of the AEI, a description of the management and coordination structures, the cost of which is to be financed in part from the aid requested, indicating the composition of the management, technical and administrative staff provided for during the financial year for which requests the help, material infrastructures to be used during the same and principal coordination and dynamisation activities to be carried out in that period.

Section 1.b) Technical memory. Feasibility studies. Support for technical feasibility studies is aimed at facilitating the preparation of research projects, experimental development and innovation. In the case of clusters in the tourism sector, specific activities and feasibility studies should incorporate the implementation of a pilot or prototype, and should be adapted to the aims and objectives set out in the National Plan and Integral de Turismo (PNIT) 2012-2016. The technical memory should therefore include a description of the objectives of the study, as well as a list of the actions envisaged in the field of: (a) meetings of working groups, (b) technical preparation of proposals, (c) implementation of studies and analyses, (d) other actions necessary to verify the feasibility of a particular project.

Section 1.c) Technical memory. Development of innovative activities. -Under the generic name of Innovative Activities activities are grouped together to strengthen the innovative potential and competitiveness of the companies of the AEI. They can be innovations in products (completely new goods and services or significant improvements of existing ones), processes (significant changes in the means of production and distribution), organizational innovations ( in the practice of new methods of organisation, such as changes in the company's practices, in the organisation of the workplace or in the company's external relations) or in marketing innovations (implementation of new methods) methods of marketing, such as changes in the design and packaging of the products, in the promotion and placement of products and in the methods of charging for goods and services).

In the case of the AEI of the tourism sector, in the technical memory the business case of the project/performance presented and the impact that this project will have on the SMEs of the sector will have to be included.

Section 2. Economic Memory.

Section 2.a) Economic report on the operation and financing of the coordination and management structures of the EIP. The costs of coordination and management during the financial year for which it is available will be detailed. requests the help and specifically applies to the:

1. Cost of directly involved technical and administrative personnel: They will describe their roles, professional category and justification of their need, as well as their economic assessment (number of hours and cost/time).

2. Expenditure relating to services necessary for the operational management of the entity referred to in Article 8.d of Chapter I of this order: Description, nature and amount.

3. Cost of external collaborations, if they exist: They will describe their functions, professional category and justification of their need, as well as their economic assessment (number of hours and cost/hour).

4. Cost of travel: The different concepts (accommodation, public transport and/or km and cost/km for own car) will be described and justified.

Section 2.b) Economic report on feasibility studies and innovative activities. Scheme of financing of the same.-The costs to which the execution, coordination and management of the activities described in the technical memory and specifically those relating to: will be detailed:

1. Cost of directly involved technical staff: Their roles, professional status and justification of their need will be described, as well as their economic assessment (number of hours and cost/time).

2. Cost of external collaborations: Their functions, professional category and justification of their need will be described, as well as their economic assessment (number of hours and cost/hour).

3. Cost of travel: It will be described and will justify its necessity by valuing the different concepts (lodging, public transport and/or Km. and cost/Km. for own car).

Paragraph 3. Information on the external partners who, if any, will participate in the proposed action.

It will be detailed:

1. Name or social reason, references, experiences and capabilities.

2. Any other information deemed relevant to evaluate your participation.

Paragraph 4. Declaration of State aid received by the requesting entity.

For the purposes of Article 10 of this Order, and of the control provided for in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union the European Union to de minimis aid, this paragraph shall be completed for each of the applicants.

In the event that no assistance could have been received which could be included in this paragraph, it shall be expressly mentioned and the amounts in the table below shall be entered at zero:

Body or Company	Grant Authority	Request Date	Requested Amount (Euros)	Approval Date	Received Amount (Euro) s	de minimis aid *

* Mark with an X the aids subject to the de minimis regime.

However, the applicant undertakes to communicate to the Ministry of Industry, Energy and Tourism, how many applications it has submitted to any public body, as well as the aid which, from this date, could receive execute this proposal or any of its parts.

In the case of the actions described in Article 8.d) the declaration of public aid for each of the project participants will be required.

Paragraph 5. Declaration of association with third parties of the body (additional provision novena, 3 of Law 38/2003 of 17 November).

The beneficiary entity has no connection to the entities contracted for the elaboration of the strategic plan referred to in the technical memory.

On the other hand, they have links to the following:

Person or Entity	Link	Contract Amount Euros

ANNEX II

Maximum staff, travel, and accommodation expenses

Eligible maximum wage cost and travel expenses of the applicant entity's staff

Category	Salary including social security expenses in charge of the company	€/h (1,800 h/year)	Travel (host ./day)	Own car (€/Km.)
Technical/Project Manager	43.862.57	75.00
75.00	75,00	40.251.95	22.36	75.00
	33,707.39	18.73	75.00
P. administrative.	26.925.47	14.96	-	-
	dependent.	30.963.04	17.20	75.00