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 universities. I + 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 the creation and strengthening of clusters through the Program to support Innovative Business Groups. To which, in the last few years, only the entities registered in the Special Register of innovative business groups, regulated by Order ITC/3808/2007, of 19 December, could access.

However, given the new role which, both at national and European level, the "clusters" are intended to play in improving the innovative capacity and competitiveness of small and medium-sized enterprises (SMEs), The renewal of this policy is essential, affecting both the Aid and the Registry.

From the perspective of the implementation of this Program, an Innovative Business Grouping (AEI) is conceived as the combination, in a geographical area or productive sector, of companies and research and training centers public or private, involved in a collaborative exchange process aimed at obtaining advantages and/or benefits arising from the execution of joint projects of an innovative nature. The activity of the AEI should be organised around a branch or scientific or technological sector and/or a market or target market segment.

The AEI must also have a critical mass to ensure the international competitiveness and visibility of its companies, especially SMEs, driving the practice of innovation and internationalisation.

From the definition set out, the new objectives pursued and the experience of the operation of the programme over the last few years show that new and rigorous criteria for the requirements of the programme are necessary. entities likely to be supported.

It is therefore necessary to identify the groupings that meet sufficient conditions in terms of representativeness, of "critical mass" of companies, of integration of research and training bodies, of structures appropriate organisational and coordination, financial viability, innovative potential and international projection possibilities.

The determination of the groupings that will be able to register in the Register of Innovative Business Pools of the Ministry of Industry, Energy and Tourism will be made based on a precise knowledge of the data and characteristics of the sector, of the undertakings and bodies forming the grouping, of the organisational structures of the entity and of the innovative projects proposed to be undertaken.

To do this it will be necessary to credit the nature of the grouping and present a strategic plan that is revealed viable and formulated with objective, rigorous and transparent criteria.

For entities whose enrollment in the so far Special Register of Innovative Business Pools continues to be in force on the date of publication of this order, a transitional period will be established for their adaptation to the new regulations. After that period, only those entities that have demonstrated compliance with the new requirements may remain registered in the register.

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

Article 1. Register of Innovative Business Pools (AEI).

1. The purpose of this order is to regulate the Register of Innovative Business Pools of the Ministry of Industry, Energy and Tourism.

2. This register is informative and will be managed by the unit responsible for the Directorate-General for Industry and Small and Medium-sized Enterprises, of which it will have direct dependence.

3. Registration shall be agreed upon by resolution of the holder of the General Secretariat of Industry and Small and Medium-sized Enterprises of the Ministry of Industry, Energy and Tourism.

4. Registration and renewal, as well as the issue of certificates, are voluntary and free.

5. Registration in the register is a necessary requirement for participation in the aid scheme and support measures for innovative enterprise clusters, managed by the Directorate-General for Industry and Small and Medium-sized Enterprises. Company.

Article 2. Registry Functions.

1. The Innovative Business Pools Registry assumes the following functions:

(a) The registration as an Innovative Business Grouping of those entities whose applications have been resolved favourably by decision of the Secretary General of Industry and Small and Medium Enterprises, as well as the cancellation of any of the causes referred to in Article 7 of this order.

b) The guard and custody of the documentation submitted by the registered entities, together with any updates that occur.

(c) The issue of the communication of the registration and of any certification of the data and documents entered in it that are necessary for participation in other calls for aid.

Article 3. Nature and purpose of the Innovative Business Groups and their types.

Innovative Business Groups must be non-profit entities and be characterised as a combination, in a geographical area, or productive sector, of companies and public research and training centres or private, involved in collaborative exchange processes aimed at obtaining advantages and/or benefits arising from the execution 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.

The aim of these clusters is to facilitate, through the achievement of a sufficient critical mass of all the companies and bodies grouped together, innovative practices to improve the competitiveness of enterprises. Spanish companies, especially SMEs, and their international projection and visibility.

Two Types of Innovative Business Pools (AEI): Incipient and Excellent. Incipient AEI will be referred to as newly formed entities, in the process of consolidation. The entities that will demonstrate a high degree of performance in the development of projects and services relevant to the improvement of the competitiveness of the associated companies, in the organization of their own, will have excellent AEI consideration. management structure and the achievement of a sustainable financial structure.

Article 4. Requirements for enrollment.

1. In order to obtain recognition and registration in the register, the applicant entities shall meet the following requirements:

(a) Having legal personality and being legally constituted in Spain under any legal form, provided that the latter corresponds to that of a non-profit entity.

b) Being organized around a branch or industrial or service sector, scientific or technological, and/or a target market or market segment.

c) Correspondence of their nature and purposes with those set out in Article 3 of this order.

(d) to have submitted to the Ministry of Industry, Energy and Tourism a strategic plan containing at least the elements of information set out in Annex II to this order.

(e) that the strategic plan submitted has been positively assessed in the assessment carried out, in accordance with the assessment criteria set out in Annex III of this order, by the Evaluation Commission; refers to Article 5. 4. of the same.

f) Having implantation in a given geographical scope, at least at the Autonomous Community level.

g) Represent a sector whose turnover reaches at least 1% of GDP in the geographical area in which it is established. In the case of entities at national level, they shall represent:

i. At least 0.3% of national GDP, or

ii. If more than 75% of its partners are concentrated in the same Autonomous Community, 1% of the latter's GDP.

h) Having a sufficient critical mass, which is concrete in compliance with one of the following conditions:

i. To concentrate 30% of the turnover of the sector in the geographical area in which the AEI is implemented.

ii. To group 10% of the companies in the sector in the geographical area in which they are located or, in the case of clusters in the tourism sector, to have at least 50 companies.

i) Being made up of entities providing knowledge and/or technology and enterprises, with at least 40% of these latter SMEs, as defined in the Commission recommendation of 6 May 2003 on the definition of of micro, small and medium-sized enterprises.

j) Having representation of both companies and entities providing knowledge and/or technology in governing bodies.

2. Compliance with the conditions set out in paragraphs (g) and (h) must be able to be validated by recognised public information sources, such as data from the INE or regional statistical institutes or others.

3. In the case of incipient AIs, only entities with an age of less than four years shall be permitted. Those entities where more than 10% of its members have already belonged to registered AEIs shall not be considered to be incipient.

Article 5. Procedure and effects of registration.

1. The model of application and the questionnaire for registration in the register shall be the model, for information purposes, in Annex I of this order. This model shall be available for completion in the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es).

2. The application shall be accompanied by documentation certifying compliance with the requirements set out in paragraphs (a), (b), (c), (f), (g), (h), (i) and (j) of Article 4.1 and the strategic plan referred to in paragraph (d) of the same Article.

3. The Directorate-General for Industry and Small and Medium-sized Enterprises of the General Secretariat of Industry and Small and Medium-sized Enterprises of the Ministry of Industry, Energy and Tourism will act as an instructor in the file.

4. The applications and the strategic plan accompanying them shall be examined and evaluated by an Evaluation Committee composed of a representative of the Directorate-General for Industry and Small and Medium-sized Enterprises, who shall also act 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 Secretariat, by a representative of the Secretary of State for Tourism, by a representative of SEGITTUR, 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 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. For the best performance of the assessment tasks, reports from the Autonomous Communities may be obtained in relation to those proposals corresponding to the applicant entities located in their respective territories.

5. The Directorate-General for Industry and Small and Medium-sized Enterprises will be able to obtain from the requesting entities the clarifications which it considers appropriate for a further clarification of the content of the proposals to be assessed by the Commission. Assessment.

6. Once the applications have been analysed and the content of the Strategic Plan presented, the Evaluation Commission will forward its result to the Directorate-General for Industry and Small and Medium-sized Enterprises which, in the light of the dossier and as a body He will raise the draft resolution duly motivated to the Secretary General of Industry and Small and Medium-sized Enterprises.

7. It is for the holder of the General Secretariat of Industry and Small and Medium-sized Enterprises to decide on the application for registration. A provisional decision shall be notified to the entity concerned, giving it a period of 10 days to make claims. Once the allegations have been received, or after 10 days, the Secretary-General of Industry and Small and Medium-sized Enterprises will issue the final decision.

8. Applications will be resolved and notified within six months. The expiry of the maximum period without having been notified of the legitimate decision to the persons concerned to understand, by administrative silence, the application for registration in the register. The administrative resources provided for in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure may be brought against the express or presumed resolutions.

9. The duration of the registration shall be a maximum of four years from the date of notification referred to in paragraph 7 above. Two months before the end of that period, the entities concerned to remain registered shall submit a new application accompanied by a new strategic plan.

In the case of incipient AEI, registration will end as soon as four years of the institution's constitution are met.

10. The registration will allow the electronic updating of the data in the register.

11. The registration in the Register of Innovative Business Groups will imply the corresponding annotation in the electronic register of the department, created by Order IET/1902/2012, of September 6.

Article 6. Follow up and obligations of registered entities.

1. The registered entities shall have the obligation to inform the register of changes or changes to the conditions under which the requirements for their registration and the data collected therein are fulfilled.

2. At any time, the unit responsible for the registration may ask the data subjects for the additional documentation and information deemed necessary to complete, clarify or verify the data provided by the registered entities or which is they are in the process of being enrolled.

Article 7. Low in the log.

1. The permanence of the registration in the register is voluntary and, consequently, any registered entity may request its discharge even if the period of validity referred to in Article 5.9 has not elapsed.

2. Similarly, the unit responsible for the registration may give the discharge to an entry when the entity no longer fulfils the circumstances justifying its registration, provided that the person concerned has always been heard.

3. In any event, the unit responsible for the registration shall give discharge to those entities which, after the period of validity of their registration, have not applied for their maintenance in accordance with Article 5.9.

Single transient arrangement. Adaptation of regulatory regulations.

1. Institutions which, by the date of publication of this order, are registered in the Special Register of Innovative Business Groups shall be required to certify that the requirements laid down in Article 4 of this order are met in the period of one year from the publication of this order.

To do this you must complete the questionnaire available at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) and present the necessary supporting documentation.

2. The period of validity of the registration, of the entities referred to in the previous paragraph which have certified the fulfilment of the new requirements, shall remain the one established before the publication of this order. Consequently, the submission of a new strategic plan to the date of renewal of the registration will not be required.

3. An institution whose registration period expires in 2014 and is interested in renewing its registration, shall submit a strategic plan with the elements set out in Annex II and shall be valued in accordance with the requirements of the criteria in Annex III. They shall have a period of one year, from the date of publication of this order, to prove that they comply with the requirements laid down in this order.

4. Those entities which, by the end of the period laid down in paragraph 1, have not been able to prove the requirements laid down in Article 4, shall be discharged by the unit responsible for the registration, after hearing the person concerned.

Single repeal provision. Regulatory repeal.

Order ITC/3808/2007 of 19 December 2007, which regulates the Special Register of innovative business groupings of the Ministry of Industry, Tourism and Trade, is hereby repealed.

Final disposition first. Competence title.

This order is issued under Article 149.1.13 of the Constitution which attributes to the State the competence to establish the basis and coordination of the overall planning of economic activity.

Final disposition second. Entry into force.

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

Madrid, July 30, 2014. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

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ANNEX II

Basic elements of information that must at least contain the strategic plans referred to in paragraphs (d) and (e) of Article 4.1 of this order

1. Nature of the Innovative Business Grouping

1.1 Background and context.

It should be explained what justifies the existence or constitution of the business group and the characteristics of the economic, social, financial, business, technological and territorial environment that constitutes the the constituted group. In particular, it will account for previously established relationships between joint ventures and initiatives already developed or planned between companies and unit-holders, as well as the business interests common to the companies. participants.

In the case of entities applying for renewal in the Register of Innovative Business Pools, the actions carried out by the AEI itself should be specified for the benefit of its partners.

1.2 Characterization of the industrial base of the pool.

Information must be provided: (a) nominative relationship and type of primary and, where appropriate, secondary, productive activity of each candidate group; b) categorization of each enterprise according to its size (MSMEs, SMEs or large enterprises). (c) the weight of each undertaking within the group; (d) the geographical location of each undertaking (head office and other centres); (e) joint or joint ventures, previously developed, between undertakings of the applicant group; and these and innovation and training centres.

1.3 Characterization of the pool's innovative and technological base.

The present situation, as well as the foreseeable evolution, should be described qualitatively and quantitatively in relation to the technological and innovation base where the companies of the group operate. The main technological and organisational advances implemented by companies in the sector at international level will also be highlighted, and the expected developments of greater importance in the near future.

The strategic plan will identify the main centers of technological knowledge and training involved, whether public or private.

Projects will be identified between such centers and companies belonging to the registration candidate as AEI.

1.4 Characterization of the market where the candidate pool operates as an AEI.

With the objective of forming a group to improve the competitive capacity of each of the associated companies, it is essential to demonstrate that there is a rigorous analysis from which the strategies of innovation. Information on: (a) the environment (products or/and services) and market size at regional, national and international level; (b) the development of such a market over the last five years; (c) degree and type of competition in such markets shall be included. (main competitors, dominant undertakings, competition in price or differentiation); (d) the market share or weight of the pool in that market and (e) the volume and evolution of the market share of each participant.

1.5 Existing and/or planned governance and management structures.

The operation and organization of governance and management structures will be described (legal form, decision structure, distribution of competencies and functions, representation of company participants, knowledge and technology centres and training agents), as well as human and material resources. In the case of having the figure of a manager, specifically describe the manner of hiring of the manager, his functions and attributions, as well as the services to be provided to the group and the entities that make up the group.

In addition, the strategic plan will have to deal with aspects such as the management model and the access formula of future members to the AEI.

2. Strategy and actions envisaged by the candidate pool for registration as AEI

2.1 Strategy.

The description of the group's strategy for the next four years should include: (a) objectives of increasing market share or short-and medium-term sales; (b) new or improved technological developments to be carried out by the (c) increased productivity expected as a result of the implementation of process and organisational innovations; (d) enlargement and/or deepening of new markets or market segments.

The rationale for the strategy should be based on quantitative information and analysis of the collective's current weaknesses or strengths (concurrent position, industrial and technological positioning, potential, key factors of success, and more relevant risk factors.) In addition, the strategy proposed should be aligned with the European and national innovation strategies. In the event that a strategy presents future possibilities of a collaborative nature with other AEIs or at the international level, the contents and scope of the consortia or equivalent management structures for equivalent management will be described. execute collaborative, national and international projects.

2.2 Expected actuations.

The strategic plan will have to implement the planned dynamisation activities (conferences, workshops, days and others), the services that the AEI will offer its members (training, joint participation in activities trade, advice for the presentation of project proposals and others), integration and membership of knowledge, innovation and other networks, and other activities that make the AEI visible its activities and achievements.

2.3 Planned collaborative projects.

The strategic plan will define a portfolio of innovation, technological and non-technological projects that will enable the AEI's competitive strategy to be realized and its international projection.

The plan must identify: a) the project's theme and its possible fit within existing public programs; b) the entities providing knowledge and training services that could participate in each project; c) the approximate estimated cost of each project, d) the companies of the future AEI that could participate in the and e) approximate budget of the project.

2.4 Pool development potential.

The potential for innovation, development of the competitiveness and internationalization of the cluster and the entities that make it up will be described. The monitoring indicators will also be identified, which will enable the assessment of compliance with the planned strategy and the achievement of the objectives set out in the Strategic Plan.

3. Feasibility

3.1 Financing.

The strategic plan must define the sources of financing provided for (the contribution of enterprises, knowledge centres, technology and training centres, public institutions, local, regional, national, Community or national). other.)

All companies belonging to a candidate group, for the first time, to the registration in the register, must explicitly express their willingness to collaborate in the financing of the management organ of the future AEI, thus as your interest in participating in all or some of the projects identified in the strategic plan.

Entities applying for the renewal of their registration must certify the participation of their members in both the financing of AEI and the projects previously developed.

3.2 Investments planned.

The strategic plan must specify:

The total budget for the strategic plan forecasts, broken down by sources of funding that would be of public origin, those of private origin and those from the AEI members.

The cost of the expected results for the set of activities that they involve.

3.3 Economic and Social Impact Estimate.

An estimate of the overall economic impact that would result from the fulfillment of the strategic plan forecasts to be formulated, specifying the degree of mobilization of private resources to which each of the investments would take place intended public.

An estimate of the overall social impact to which the strategic plan forecasts would be met, as well as the impact on the companies that make it up.

ANNEX III

Assessment criteria for the strategic plans presented

To evaluate the strategic plans presented, the following criteria and weights will be applied. For your consideration as excellent the overall score obtained, you must exceed 70 points on a total of 100, in the case of the incipient the minimum score required will be 50 points.

1. Degree of elaboration, quality and clarity of the proposal. (maximum score 10 points).

2. The size and significance of the cluster in its sectorial and territorial environment, in order to ensure a critical mass that allows the development of important innovative projects from the perspective of improving competitiveness. Degree of integration into the cluster of different types of entities: companies (including SMEs), knowledge and technology providers and other bodies. Identification of common business interests. Actions in cooperation already developed between members of the grouping and members ' involvement in them. (maximum score 15 points).

3. Existence and adequacy of the "cluster" manager figure as well as the management and governance bodies of the cluster. (maximum score 15 points).

4. Degree of concrete, interest and feasibility of the proposed general strategy and the actions in which it is implemented. Alignment of the strategy with the European and national and regional innovation strategies. (maximum score 20 points).

5. Innovation potential, development of the competitiveness and internationalisation of the cluster and its enterprises. Proposed monitoring indicators. (maximum score 15 points).

6. Feasibility and consistency of the financial plan. (maximum score 15 points).

7. Economic impact of the "cluster" on improving the competitiveness of the companies and bodies that make up the cluster. Global social impact. (maximum score 10 points).