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Order Int/864/2014, Of 21 May, Which Establishing The Regulatory Bases Of The Granting Of Aid For Research, Development And Innovation In The Field Of Traffic, Mobility And Road Safety.

Original Language Title: Orden INT/864/2014, de 21 de mayo, por la que se establecen las bases reguladoras de la concesión de ayudas para la investigación, desarrollo e innovación en materia de tráfico, movilidad y seguridad vial.

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TEXT

The Royal Decree 400/2012, of 17 February, for which the basic organic structure of the Ministry of the Interior is developed, establishes in its article 10 that it corresponds to the General Directorate of Traffic, through which the This department exercises its powers over the Autonomous Body of Traffic, among other functions, the impetus of research in the field of road safety and mobility, influential factors and the impact of specific measures, including coordination with scientific and technical institutions and others administrations.

Thus, research in the field of traffic, mobility and road safety is configured as a structural activity that intervenes in the priority areas of action established by the General Directorate of Traffic, which have the ultimate aim of preventing and reducing road accident injuries in a sustainable and safe mobility environment.

In order to achieve this strategic vision, the participation of all actors, both public and private, is necessary, which develop facets of management and coordination in the investigation of factors that may influence the road accident, through a research plan that encourages the taking into account of all the elements present in road accidents, through a comprehensive study of the same. To this end, the Directorate General of Traffic has approved its Plan of Investigation in Road Safety and Mobility 2013-2016, entrusting its management to the Research Coordination Unit of the Directorate General itself.

In this way, the investigation in the field of traffic, mobility and road safety in the Directorate General of Traffic is aligned in the conceptual framework of the community and state policies in the field, collected in the advance of the Spanish Strategy for Science and Technology and Innovation for the period 2013-2020 and in its State Plan for Scientific and Technical Research and Innovation for the period 2013-2016, approved by the respective Council of Ministers ' Agreements of 1 January 2016. February 2013.

Through this standard, the former regulatory bases for the grant of scholarships collected in the Order of 17 November 2000 are to be replaced, in order to update them in accordance with the provisions of Law 38/2003, November 17, General of Grants, as well as in its Rules of Procedure, approved by Royal Decree 887/2006, of July 21.

This order has been favorably informed by the State Advocate and by the Delegation in the Central Traffic Headquarters, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November.

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

Article 1. Object.

This order establishes the regulatory basis for the call for aid for activities whose objectives are research, development and innovation through projects, programmes or studies and other actions complementary, the ultimate aim of which is to improve traffic, mobility and road safety in any of its aspects.

Article 2. Calls.

The head of the General Traffic Directorate may convene, within the limits of the budgetary allocation for each financial year, aid for the research, development and innovation of projects, programmes, studies and other complementary actions in the field of traffic, mobility and road safety, which will be in line with the provisions of these regulatory bases. The call shall establish the duration of the projects which shall be annual or multiannual.

Article 3. Beneficiaries.

1. Natural persons or the following legal persons may be granted access to the consideration of beneficiaries:

1. Public R & D + i Centres: public universities, public research bodies recognised as such by Law 14/2011 of 1 June, Science, Technology and Innovation, R & D + i centres with own and differentiated legal personality linked to or dependent on the General Administration of the State and R & D + i centres linked to or dependent on territorial public administrations, irrespective of their legal personality; as well as public entities with demonstrated capacity and activity in R & D + i actions.

2. Private research and university development centers: private universities or private university centers as provided for in the Organic Law 6/2001, of 21 December, of Universities.

3. Other private non-profit research and development centres: any private entity with its own legal personality and non-profit, with demonstrated capacity and activity in research projects or actions scientific and technological development.

4. Technology Centres: entities defined in Article 2 of Royal Decree 2093/2008 of 19 December 2008, which regulates the Technology Centres and the State-wide Technology Innovation Support Centres, and creates the Registry of such Centers.

5. Other private non-profit entities: foundations, associations or other non-profit entities with demonstrated capacity and activity in projects or actions of scientific research and technological development.

6. Companies: entities, irrespective of their legal form, carrying out an economic activity, which are validly constituted at the time of the submission of the aid application and which they carry out between their activities Research and development projects and actions.

7. No valid and fully constituted, non-profit, sectoral business associations incorporated in the corresponding register and which carry out projects and actions of research and development for their activities its sector.

8. º Entities promoting a scientific and technological park that review the legal form of non-profit entities.

2. Calls may extend access to the condition of beneficiary to:

(a) The associated members of the beneficiary who undertake to carry out all or part of the activities that support the granting of the aid in the name and on behalf of the beneficiary, in the event that the beneficiary has the status of legal person.

b) the groups of natural or legal persons, whether public or private, the communities of property or any other type of economic unit or separate property which, although lacking legal personality, may lead to the activities covered by the call for action.

In the respective call it will be determined, from among the above, those that can access the condition of the beneficiary.

Article 4. Requirements of the beneficiaries.

1. Persons in whom one of the prohibitions provided for in Article 13 of Law 38/2003, of 17 November, General of Grants, shall not obtain the status of a beneficiary.

2. The beneficiaries will be required to fulfil the obligations set out in Article 14 of Law 38/2003 of 17 November and the requirements set out in the call. In addition to the corresponding applications for positive administrative certifications issued by the competent body, they provide proof that the beneficiary is aware of his tax and security obligations. Social, as well as the statement responsible for meeting the current in payment of obligations for reimbursement.

The submission of the aid application shall entail the express authorisation of the applicant to enable the Directorate-General for Traffic to obtain directly the accreditation of the circumstances provided for in Articles 18 and 19 of the Regulation of Law 38/2003, of 17 November, approved by Royal Decree 887/2006, of July 21, through telematic certificates, in which case the applicant shall not have to provide the corresponding certification. However, the applicant may expressly refuse consent, and shall then provide the certification in the terms provided for in those Articles of that Regulation.

3. The call shall establish the academic qualification required of the applicant, the principal investigator or the research team. In addition, the requirements relating to the trajectory of the researchers and the beneficiaries of the projects for which aid is requested shall also be laid down, as well as the involvement of those researchers with the institution. beneficiary where the project is to be developed.

Article 5. Requirements for the requests.

1. Applications shall be submitted in the official format, within the time limits and together with the documentation required in the relevant notice, in any of the places laid down in Article 38.4 of Law No 30/1992 of 26 November 1992. Legal framework for public administrations and the common administrative procedure. The calls shall reflect the possibility of submitting the application and, where appropriate, the relevant documentation, electronically.

2. The application model shall be made available to the interested parties at the electronic headquarters of the Central Autonomous Body of Traffic, and the electronic submission of the application may be made, where appropriate.

Article 6. Concession procedure.

1. The granting of aid shall be made on the basis of competitive competition, in accordance with the principles of advertising, transparency, objectivity, equality and non-discrimination.

2. The concession procedure shall be initiated on its own initiative by means of a public notice adopted by a decision of the holder of the Directorate-General for Traffic, which shall be published in the "Official State Gazette".

Article 7. Instruction, request evaluation, and resolution proposal.

1. The Research Coordination Unit shall carry out the instruction of the procedure, examining the applications and documentation submitted, checking the data under which the resolution is to be adopted and coordinating the process of assessment, granting, monitoring and closing of each call.

The call may establish a pre-assessment phase in which compliance with the conditions imposed to acquire the status of beneficiary will be verified.

The instructor body may carry out, on its own initiative, any action it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made, such as the request for a how many reports it deems necessary to resolve or are required by the rules governing the grant.

2. A valuation fee shall be set up for the study and evaluation of applications in accordance with the criteria and merits set out in each call and selection of the beneficiaries of the aid called.

3. The valuation fee shall be composed of the following members:

(a) A Presidency, which shall be performed by the Head of the Research Coordination Unit who may be replaced by an official with a destination in the Directorate-General for Traffic.

(b) Three vocalias, together with their respective alternates, appointed by the Head of the Research Coordination Unit, among the officials to be assigned to the Directorate-General for Traffic, with a category of at least area command.

(c) A secretariat, with a voice but no vote, designated by the head of the Research Coordination Unit, together with their respective alternate, among the officials to be assigned to the General Directorate of Traffic.

The valuation committee may have advisers, with a voice but no vote, who will be appointed by the chair of the committee, in consideration of their qualifications and experience in the subject matter of the call, without the need for that has the status of a public employee.

4. The Research Coordination Unit shall, in the light of the report of the evaluation committee, raise the draft provisional resolution and, if appropriate, the proposal for a final decision to the competent body for the the award of the aid.

5. Where the amount of aid to be granted is lower than the amount in the application, the Research Coordination Unit may request the beneficiary to reformulate its application, in advance of the motion for a resolution, to adjust the commitments and conditions to the grant aid.

6. Similarly, the Research Coordination Unit may formulate an orderly list of alternates for the suppositions of resignation of any beneficiary, revocation of the aid or other duly justified causes which prevent the material realization of the activity that is the subject of the aid.

Article 8. Assessment criteria.

1. The assessment committee shall examine and assess the applications submitted, taking into account the following criteria:

a) Technical criteria: 60%.

• Scientific-technical level of the project.

• Methodology.

• Knowledge of the subject and background.

• Planning for the project.

• Adequation of the available means to the proposed objectives.

• Degree of project innovation.

• Adequation of economic memory to project execution.

• Plan to disseminate the results.

b) Opportunity criteria: 25%.

• Applicability of results and socio-economic impact of the project.

• Project adequation to the priorities of the call.

c) Other criteria: 15%.

• Curriculum vitae and suitability of the principal investigator to develop the project.

• Scientific-technical history and adequacy of the research group to develop the project.

The score to be awarded to each criterion will be collected in each of the calls. A minimum score that must be reached for the aid can be set.

Article 9. Resolution.

1. The holder of the Directorate-General for Traffic shall decide to grant such aid in the light of the motion for a resolution. This resolution shall be reasoned and shall in any event be credited with the grounds on which the award is based.

The convocation may provide for the provenance of the issuing of partial and successive concession decisions, as the competent body makes the corresponding provisional and final partial resolution proposals. In this case, the call must establish the measures that guarantee the principle of equality in the granting. If the maximum amount to be granted in any of the resolutions is not exhausted, the amount not applied to subsequent resolutions shall be transferred.

2. The maximum period for issuing and notifying the decision of the procedure shall be six months after the publication of the notice. After this period has not been notified, the request for a negative silence shall be deemed to be rejected.

3. The decision ending the administrative procedure may be appealed for in replacement or be directly challenged in the context of the administrative and administrative judicial order, in the terms and time limits laid down in Law 30/1992, of 26 May 1992. November, and in Law 29/1998, of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction.

4. The call may provide for the possibility for the beneficiary to request the amendment of the granting decision, as well as the form and time limits for implementation and justification, provided that the change does not affect the objectives pursued by the aid, its fundamental aspects, or damage third party rights and that the change is requested and accepted within the time limit set.

5. The alteration of the conditions under consideration for the granting of the aid may lead to the amendment of the granting decision provided that no third party rights are harmed. It is not considered to be an alteration of the conditions of the high and low in the research team, nor the adjustments of the amounts requested by concept of expenditure, provided that the maximum amount established in the call is maintained.

Article 10. Criteria for fixing individual amounts and payment of aid.

1. The aid granted in accordance with this order shall be financed from the corresponding budgetary applications of the Autonomous Body of Central Traffic. The call shall fix the maximum total amount and the budgetary appropriations to which the aid is charged.

2. The aid shall be used to cover expenditure related to the development and implementation of the activities for which it has been granted. The costs laid down in the call shall be eligible up to the maximum amount fixed therein and shall comply with the requirements laid down in Article 31 of Law 38/2003 of 17 November and Article 83 of the Regulation.

In any event, the amount of the indirect costs of each project shall not exceed 10% of the direct costs and travel and maintenance costs shall not exceed 10% of the amount of the aid.

3. The individual amount of each aid shall be determined on the basis of the estimated cost of the activity, collected in the forecast of expenditure accompanying the application and the score obtained according to the assessment criteria. The amounts granted may cover all or part of the activity, without in any event exceeding the amount of the forecast of expenditure presented.

For each type of project the call may establish either a fixed amount or a maximum and minimum amount of expenditure forecast, of aid to be granted per project and, if appropriate, a maximum number of aid to be awarded.

4. The form of payment of the same shall be determined on each call. Advance payments or payments may be made on account of the amounts awarded in respect of the grant with the limits and conditions laid down in the call, in which case it may be conditional upon the lodging of a security in accordance with the established in Section 7 of Chapter III of the preliminary title of the Regulation of Law 38/2003 of 17 November, and respecting the limitations provided for in Article 34 of that Law.

Article 11. Subcontracting.

1. The beneficiary institution may partially subcontract the execution of the activity which is the subject of the aid, in accordance with the terms laid down in these regulatory bases and in Law 38/2003 of 17 November.

2. It is outside the concept of subcontracting the hiring of those expenses incurred by the beneficiary for the self-realization of the subsidised activity.

3. The cost of subcontracting may not exceed 50% of the total cost of the project, the programme or study, with the exception of the additional actions in which it may be reached 75%, unless a call is given. lower percentage.

4. Where for each entity receiving the concerted activity with third parties exceeds 20% of the amount of the subsidy and the amount exceeds EUR 60 000, subcontracting shall be conditional on the contract being concluded in writing, submitted and previously authorised by the granting authority.

5. Subcontracting may not be performed with persons or entities in which some of the circumstances specified in Article 29.7 of Law 38/2003 of 17 November are met.

Article 12. Justification.

1. The justification for the aid shall be made in accordance with the provisions of Chapter IV of Title I of Law 38/2003 of 17 November in Chapter II of Title II of its Rules of Procedure and the convocation itself.

2. As a general rule, the justification for the expenditure shall be made through the presentation of a supporting account with the contribution of the supporting documents, which shall contain the documentation set out in Article 72 of the Law Regulation. 38/2003, dated November 17, and in particular:

(a) A memory of scientific-technical action, supporting the fulfilment of the conditions imposed in the granting of the aid, with a detailed indication of the activities carried out, the results obtained and the Scientific-technical dissemination activities executed. Together with the memory, all derived intermediate products that have been made to carry out the project will be delivered.

(b) An economic memory supporting the cost of the activities carried out which shall contain, as a general rule:

1. A classified relationship of the expenses and investments of the activity, with identification of the creditor and of the document, its amount, date of issue and, if applicable, date of payment.

2. º invoices or documents of equivalent probative value in the commercial legal traffic or with administrative efficiency, incorporated in the relation referred to in the preceding paragraph, and the supporting documentation of the payment. In the event of not being able to provide these documents, photocopy and stamped photocopies will be presented.

3. No Detail of other income or subsidies that have financed the subsidised activity with an indication of the amount and provenance.

3. If the aid granted is of less than EUR 60 000, the call may include the possibility that the justification for the expenditure will be made by the presentation of a simplified supporting account, which will contain the information provided for in Article 75.2 of the Regulation of Law 38/2003 of 17 November.

4. The call shall set the time limit and the form of presentation of the supporting account. It may also determine other forms of justification where the beneficiaries of the aid are natural persons.

5. The formal verification for payment of the aid shall be carried out in a comprehensive manner on the supporting accounts submitted.

Article 13. Advertising.

1. In addition to the mandatory publication in the Official Gazette, the notice or publication of the acts adopted in the procedures for the granting, justification and recovery of the aid provided for in the call shall be established. in this order.

2. In the case of projects receiving the aid, the participation of the Directorate-General for Traffic must be explicitly stated in accordance with the terms set out in each call.

The results of the work related to projects under the aid will be available to the Directorate-General for Traffic for use in the exercise of its functions and possible dissemination, as provided for in the recused text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the existing legal provisions on the matter, approved by the Royal Legislative Decree 1/1996, of April 12.

Article 14. Obligations of the beneficiaries.

Aid beneficiaries will be obliged to:

a) Meet the goal, execute the project, perform the activity, or adopt the behavior that bases the grant of the aid.

(b) The other obligations laid down in Article 14 of Law 38/2003 of 17 November, as well as those laid down in each call.

Article 15. Compatibility with other aids.

1. Each call may allow for the collection of other grants, aid, revenue or resources for the same purpose from any public or private, national or international administration, provided that the amount of such grants is of such a level that, in isolation or in competition with other subsidies, does not exceed the cost of the subsidised activity.

2. If the beneficiaries receive other public or private funds, they shall inform the competent authority specified in the call, both at the time of submission of the applications and during the development and implementation of the applications. supported activities, which may give rise to the corresponding mini-sentences in the amount of aid granted.

Article 16. Drawback and graduation criteria for non-compliance.

1. The total or partial non-compliance with the requirements and obligations laid down in this order, in the convocation or in the other applicable rules, as well as the conditions which, where appropriate, are laid down in the relevant resolutions of grant, give rise to the loss of the right to recover the aid and/or to the obligation to reintegrate the aid and the corresponding interest on late payment, in accordance with the provisions of Title II of Law 38/2003 of 17 November, and Title III of its Regulation.

2. The proportional criteria for the graduation of non-compliances shall be as follows:

(a) The total and manifest non-compliance with the scientific and technical objectives and activities for which the aid was granted, determined through the monitoring and technical scientific control mechanisms, will be a cause of total reimbursement of the grant and, where appropriate, the loss of the right to recover the amounts outstanding.

b) Failure to comply with the partial objectives or specific activities shall entail the repayment of that part of the aid for the same and, where appropriate, the loss of the right to recovery of the amounts outstanding perceive.

c) The lack of presentation, in accordance with the corresponding call, of the annual or final follow-up reports, as well as of the final memory, both scientific and economic, will entail the repayment of the amounts received and not justified and, where appropriate, the loss of the right to recover the amounts outstanding.

(d) Failure to comply with the dissemination measures set out in the terms of Article 31 of Law 38/2003 of 17 November shall cause the partial drawback of the amount associated with such non-compliance.

e) Unused aid remnants must be fully reintegrated.

Article 17. Control actions.

The beneficiaries will be subject to the actions of verification, monitoring and evaluation to be determined by the General Directorate of Traffic, as set out in Law 38/2003 of 17 November, providing information about the required in order to verify the correct application of the actions supported.

Article 18. Liability and sanctioning regime

The beneficiaries will be subject to the responsibilities and sanctioning regime set out in Title IV of Law 38/2003 of 17 November and Title IV of their Rules of Procedure.

Single additional disposition. Performance of the valuation fee.

The functioning of the valuation commission shall be adjusted, in any case not provided for in this order, to the scheme provided for in Chapter II of Title II of Law No 30/1992 of 26 November.

Single repeal provision. Regulatory repeal.

The Order of 17 November 2000, establishing the regulatory bases for the award of grants for research, innovation and development in traffic and road safety, is hereby repealed. for the year 2001 of 10 scholarships and the delegation of powers for the next calls in the Director General of Traffic is carried out.

Final disposition first. Legal regime.

The regulatory bases set forth in this order will be applicable to the provisions of Law 38/2003 of 17 November, and in its Rules of Procedure.

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, May 21, 2014. -Interior Minister Jorge Fernandez Diaz.