The State Plan for Scientific and Technical Research and Innovation for the period 2013-2016 (hereinafter the State R & D + I Plan) approved by the Agreement of the Council of Ministers at its meeting of 1 February 2013, is the instrument The Spanish System of Science, Technology and Innovation for the development and financing of the actions contained in the Spanish Strategy of Science and Technology and Innovation 2013-2020. The objectives of this Strategy, to which the State Plan of R & D + I contribute, aim to promote the international leadership of the Spanish System of Science, Technology and Innovation, to ensure the sustainability of the generating knowledge and boosting the competitiveness of our country's business fabric, based on a solid scientific and technological base and innovation in all its dimensions.

The State Plan for R & D + I collects in its structure, and through the state programs that compose it, the objectives of the Spanish Strategy of Science and Technology and Innovation for the period 2013-2020 taking into account, in addition, the characteristics of the agents of the Spanish System of Science, Technology and Innovation. The State Plan for R & D & I is developed through four State programmes, which in turn are composed of sub-programmes including actions, of an annual and multi-annual nature, to be carried out mainly through calls for competitive concurrency. These sub-programmes provide for the different modalities of participation and funding instruments included in the State R & D + I Plan to achieve the specific objectives corresponding to each sub-programme.

The four state programs are: (1) the State Program for the Promotion of Talent and its Employability; (2) the State Program for the Promotion of Scientific and Technical Research of Excellence; (3) the State Program for the Promotion of Business Leadership in R & D + I and (4) the State R & D + I Program Oriented to the Challenges of Society.

The objectives of the State R & D + I Program oriented to the Challenges of Society are: (1) to stimulate the generation of a critical mass in R & D + I of an interdisciplinary and intersectoral nature necessary to advance in the search for solutions in line with the priorities set in each of the challenges; (2) to promote a close relationship between scientific and technical research, the development of new technologies and the business application of new ideas and techniques; and in the medium and long term, contributing to its translation into products and services; (3) strengthening capacity international leadership of the Spanish System of Science, Technology and Innovation and its agents, contributing to improving the competitiveness of the business fabric and (4) articulating the R & D & I capabilities as well as the promotion and financing with other regional and international actors, mainly European, to develop true joint programming.

The European Union has identified in its proposal "Horizon 2020" the challenges faced by the European population as a whole and which must be addressed through an integrated and integrated vision of R & D + I activities. In this way, the general objectives of the Spanish Strategy for Science and Technology and Innovation include the orientation of R & D + I activities to respond to the global challenges of Spanish society, which implies the coordinated implementation of the R & D + I actions around eight challenges, including the Food Safety and Quality Challenge, Productive and Sustainable Agricultural Activity, Sustainability of Natural Resources and Marine Research and Maritime.

The Challenge of Food Safety and Quality, Productive and Sustainable Agricultural Activity, Sustainability of Natural Resources and Marine and Maritime Research is proposed to respond in a sustainable and intelligent way to the objectives related to food safety, food quality and safety, the competitiveness of the agri-food, forestry and fisheries sectors on national and international markets; the need for job creation; improving the management of natural resources used by the various sectors The European Commission has been working on the subject of the European Community's policy on the environment, the environment and the environment. The aim is to increase the production and added value of food, food and non-food products and to reduce the external dependence on raw materials, inputs and technologies; to adapt food to the new demands of the through research, innovation and new developments in processes of production, processing, packaging and distribution and ensuring safety and quality throughout the food chain. In addition, it is also about advancing the conservation of natural resources, in particular the efficient use of water, in the fight against soil erosion, droughts, forest fires, the protection of our systems agroecological, its biodiversity and the conservation of seas, oceans and coastal coastline. The priorities for R & D & I are addressed in this challenge are: (1) conservation and comprehensive, efficient and sustainable management of agro-ecological systems and agroforestry, water and fisheries resources; (2) sustainable improvement of agricultural, livestock and forestry production systems; (3) improvement and development of new systems, processes and technologies for agro-industrial production and control, bio-products and bio-refiners; (4) increasing the quality and safety of food and new food products, (5) joint and optimization of the agri-food chain; (6) security, traceability, warning and risk management, (7) improving competitiveness and sustainability in the fisheries and aquaculture sector, and (8) marine research.

In order to meet the objectives of the Spanish Strategy for Science and Technology and Innovation, and on the basis of the programmes identified, the new State Plan for R & D + I provides for a set of Participation Modes among which are the R & D + I Programmes and Projects and the Complementary Actions.

R & D + I programmes and projects are both individual and collaborative public support, including public-private partnership in any of its modalities, and which may be articulated, where appropriate, with action by the public. international joint programming and, where appropriate, regional programming. These public aids are intended to promote the generation of knowledge, its application and innovation in all its dimensions. The grants will be awarded through highly competitive processes and result from the application of scientific and/or technical, transparent, public and internationally recognised scientific and/or technical evaluation principles and criteria based on the assessment between pairs.

Complementary Actions are public aid for the implementation of special and broad spectrum actions associated with R & D & I programmes and projects, human resources or development infrastructure and implementation of activities not covered by the previous modality and which will be allocated through competitive competition processes and the application of scientific and/or technical, transparent, public and internationally recognised criteria, in function of the objectives of the same.

The State R & D + I Plan also provides for various Financing Instruments, including grants.

Confronting the challenge outlined above requires addressing the solution of the challenges identified as important by the sectors with a comprehensive, multidisciplinary perspective and close to the productive realities. To achieve this goal it is essential to have excellent research projects. However, once that threshold has been exceeded, some priorities must be incorporated in selecting the projects on which the public support will ultimately fall, such as: responding to the thematic priorities of each call, the approach of these priorities in a coordinated manner by various research groups, including membership of different disciplines, and the direct implementation of part of the work provided for in the action plan at its own facilities. of companies or cooperatives participating in the projects.

The recognition of the importance of the cooperation and coordination of the General Administration of the State and the Autonomous Communities has been revealed in the State Plan of R & D + I, as well as the relevant role that In this respect, the autonomic administrations play a role in enabling the correct implementation in each region in terms of employment and economic development, due to their direct contact with small and medium-sized enterprises.

The real decrees for the transfer of services and functions in the field of agricultural research establish, on the one hand, the powers of the General Administration of the State, on the other, those of the Autonomous Communities, and finally, those in which the General Administration of the State and the Autonomous Communities are to participate in cooperation.

The Committee of the Agricultural Research INIA-Autonomous Communities, is a collegiate body that has the function of coordinating the competencies in which both administrations participate and was created by Order of the Ministry of Agriculture, Fisheries and Food of 8 January 1987, on the establishment of the Committee on Agricultural Research.

In the aforementioned Coordinating Commission, the National Institute of Agricultural and Food Research and Technology (INIA), which held its presidency, represented the General Administration of the State. Ministry of Public Administration, Ministry of Agriculture, Fisheries and Food. Also participating in the Coordinating Commission were representatives of the seventeen Autonomous Communities, one of whom was the first vice president.

Currently, the president of the Coordinating Committee of Agricultural Research INIA-Autonomous Communities is the head of the Secretariat of State for Research, Development and Innovation of the Ministry of Economy and Competitiveness, with the participation of the Ministries of Agriculture, Food and the Environment and the Public Administration, as well as representatives of the seventeen Autonomous Communities.

Through this order, which complies with the provisions of Article 17 of Law 38/2003, of 17 November, General of Grants, the regulatory bases of the grant of grants, by the INIA, are established within the State Research Program Oriented to the Challenges of the Society, and specifically those included in the Challenge of Food Safety and Quality, Productive and Sustainable Agricultural Activity, Sustainability of Natural Resources and Marine and Maritime Research.

This order has been elaborated taking into account Law 11/2007, of June 22, of electronic access of citizens to Public Services, the new Community legislation on State aid to the investigation, and the applicable legislation applicable.

Article 17.1 of Law 38/2003 of 17 November states 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 their own legal personality linked or dependent on that, the relevant ministers will establish the appropriate regulatory basis for the grant of grants and will be approved by ministerial order.

In accordance with the provisions of the second paragraph of article 17.1 of the Law 38/2003 of 17 November, this order has been the subject of the report of the State Advocate and the Delegation of the General intervention of the State Administration in INIA, as well as the Technical Secretariat of the Ministry of Economy and Competitiveness.

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

PRELIMINARY TITLE

General provisions

Article 1. Object.

1. The purpose of this order is the establishment of the regulatory bases for the aid scheme and the management of the Food Safety and Quality Challenge, Productive and Sustainable Agricultural Activity, Sustainability of Natural Resources and Marine and Maritime Research within the State R & D + I Program Oriented to the Society Challenges of the State Plan of R & D + I for the period 2013-2016.

2. The aim of the action is to stimulate the generation of a critical mass in R & D + I of an interdisciplinary and inter-sectoral nature necessary to make progress in the search for solutions, in line with the priorities set out in the The Challenge of Food Safety and Quality, Productive and Sustainable Agricultural Activity, Sustainability of Natural Resources and Marine and Maritime Research. They also aim to promote a close relationship between scientific and technical research, the development of new technologies and the business application of new ideas and techniques, and in the medium and long term, contributing to their translation into products and services. They also aim to strengthen the international leadership capacity of the Spanish Science, Technology and Innovation System and its agents by helping to improve the competitiveness of the business fabric. Finally, they aim to articulate the R & D & I capabilities as well as the promotion and financing instruments, with other regional and international actors, mainly European, to develop true joint programming.

Article 2. Beneficiaries and their requirements.

1. For the purposes of this order, the following bodies and entities shall have the status of a beneficiary:

a) Public R & D + I Centers:

1. The Public Bodies of Research (IPOs) recognized as such by Law 14/2011, of June 1, of Science, Technology and Innovation.

2. Other public R & D centers. Public bodies and institutions with a legal personality of their own or linked to the General Administration of the State, and dependent or related to territorial public administrations and their bodies, whatever their form legal, the purpose of which is to ensure the direct execution of scientific and technical research activities or other complementary activities necessary for the proper scientific and technological progress of society. This concept includes the consortia established by means of collaboration agreements between the State and the Autonomous Communities.

3. The public universities registered in the Register of Universities, Centers and Titles.

b) Private universities.

(c) Companies, irrespective of their legal form, which exercise an economic activity and which are validly constituted at the time of the submission of the aid application.

(d) Private R & D + I non-profit centres: any private non-profit entity with legal personality which is intended to carry out scientific and technical research activities with a capacity and demonstrated activity in research projects or actions. These entities are not considered to be included in the technology centres as defined in the following point, nor the private universities mentioned in the previous point.

(e) Technological centres and centres of support for technological innovation, taking into account the entities defined by Article 2 of Royal Decree 2093/2008 of 19 December 2008 governing the Centres Technology and Technology Innovation Support Centers at the state level and the Registry of such centers is created. The Centres must be registered and they shall be registered in the Register within the time limit for the submission of applications.

(f) Other private entities with a non-profit legal personality: foundations, associations or other non-profit entities carrying out activities related to the promotion, management and intermediation in the field of science, technology, research and innovation. Economic interest groups (EIGs), consisting of companies or companies with other entities, are expressly excluded.

2. The public or private nature of the beneficiaries shall be determined by application of the criteria set out in Chapter I of Title I of Law 47/2003 of 26 November, General Budget, to delimit the State public sector.

3. Persons or entities in whom some of the circumstances set out in Article 13.2 of Law 38/2003 of 17 November, General of Grants, are not eligible for the status of beneficiary shall not be eligible. Applicants shall be required to prove that they are not subject to such circumstances in accordance with Article 13.7 of the Act.

4. The beneficiaries, with the exception of companies, fall within the category "research bodies" referred to in point 2.2.d of the Community framework for State aid for research, development and innovation (2006/C 323/01).

5. The calls may provide for restrictions on some of the types of beneficiaries, depending on the aid called.

Article 3. Associated members.

1. In accordance with Article 11.2 of Law 38/2003 of 17 November, in cases where the beneficiary is a legal person, the associated members of the beneficiary who undertake to carry out all or part of the activities which support the granting of the aid in the name and on behalf of that beneficiary, shall also be considered as beneficiaries.

2. The associated members shall be legal persons belonging to one of the categories described in Article 2.

3. The main applicant and his associates shall formalise a collaboration agreement which includes the scope and type of the actions to be undertaken by each of them, as well as the obligations of financial and justification scientific-technical and economic of the parties.

Article 4. Requirements of the research team and principal investigator.

1. Actions falling within the scope of this order shall be implemented by the beneficiary entities through their research teams, led by a principal investigator.

2. They may compose the research team:

a) Doctors.

b) Top-ups.

c) Emerite teachers, ad honorem doctors and numerary academics.

They may also incorporate personnel belonging to research entities without registered office in Spain.

All of them must be engaged with investigative functions and conduct research that is directly or indirectly related to the application submitted.

The requesting entity shall be responsible for the fact that the staff of the non-working or statutory research team have the express authorisation of the entity in which they are engaged. In no case shall this entity be private for profit or be expressly excluded under Article 2.3.

3. The project application will include the rest of the people involved in the implementation of the research project as technical support staff for research or other scientific collaborators, although they will not be considered as technical staff. Member of the research team.

4. The principal investigators may be the doctors who are linked to the beneficiary by means of a working or statutory relationship and an active service. In the case of technology centres and centres of support for technological innovation, higher graduates who credit their experience in R & D + I activities for at least five years or, for at least five years, may also be principal investigators. alternatively, that they have led research projects in competitive calls for at least three years.

It will be understood that those researchers who are working with the beneficiary are linked to entities that have a legal relationship with the beneficiary, reflected in their statutes, a constituent rule or an agreement or cooperation agreement, provided that such personnel have been expressly assigned and prior to the application to the service of the receiving entity.

5. The requirements set out above for the principal investigators and other members of the investigation team shall be met on the day of the end of the period for the submission of applications and shall be maintained until the end of the period of implementation of the subsidised activity. Any variation shall be communicated to the instruction body in a mandatory and explicit manner.

6. Those who participate in the corresponding calls, as candidates selected under the "Ramón y Cajal" Program, "Juan de la Cierva", "DOC-INIA" or other similar programs, which at the end of the deadline for the submission of Applications have not yet formalised their contractual relationship with the beneficiary entity, they shall submit with the application the agreement of incorporation between the investigator and the entity. The accreditation of the formalisation of the contract will be required in the proposal for a provisional resolution. Failure to do so will be rejected if they participate as lead investigators.

Article 5. Modalities of participation.

1. R & D & I projects are aid to promote the generation of knowledge, its application and innovation in all its dimensions. The aid will be granted through highly competitive processes and as a result of the application of transparent, public and internationally recognised scientific and/or technical evaluation principles and criteria.

The performances in this mode will be performed according to one of the following types:

a) Individual: consistent action in a single project. In any case, it may count on subcontracting and associated members, in accordance with the provisions of this order.

b) Coordinated: a project that will be made up of two or more subprojects in charge of other research teams. The beneficiary entity or entities are those to which the principal investigators of each subproject belong. In these coordinated projects, one of the principal investigators of the sub-projects will be identified as coordinating investigator. The principal investigator for each subproject shall be responsible for all the effects, except as regards the overall scientific coordination and monitoring of the project, aspects of which the investigator will be responsible. coordinator.

2. The Complementary Actions are aid for the implementation of actions of particular relevance and broad spectrum associated with R & D + I programmes and projects, human resources or infrastructure for the development and implementation of activities. referred to in the above procedures and which shall be allocated by means of competitive competition processes and the application of scientific and/or technical, transparent, public and internationally recognised criteria, in accordance with the objectives of the same.

Article 6. Communications.

1. Actions in the procedure for granting aid in this order, in its justification and monitoring and in any recovery procedures which may be initiated, shall be carried out by electronic means, without prejudice to the that the notifications and notices of acts adopted in the procedure for granting the aid, in its justification and monitoring and in the possible recovery procedures which may be initiated, may be effected by due written notification to interested parties and, where appropriate, their publication in the address The National Institute for Agricultural and Food Research and Technology (INIA) www.inia.es. However, the instruction body may refer to the interested parties, notices by e-mail that they will not have, in any case case, notification effects practiced.

2. In accordance with Article 59.6 (b) of Law No 30/1992 of 26 November 1992 on the Legal System of Public Administrations and the Common Administrative Procedure, calls may be made for notification by publication. at the electronic seat of the granting body, which has all the effects of notification.

3. The presentation by the interested parties of documentation in the concession, justification, follow up and reimbursement procedure shall be carried out through the available telematics applications, for each type of procedure, in the electronic address www.inia.es, using an advanced electronic signature system. The submission by interested parties of any other type of communication may also be made in writing through the INIA register.

4. Interested parties may consult at any time on the status of the administrative file through the INIA website or directly on its website www.inia.es.

5. Calls may require those interested in submitting any type of application, written or communication, to be previously accredited in an electronic register of applicants.

Article 7. Concession scheme.

1. The granting of the aid covered by this order will be carried out in the competitive competition scheme provided for in Article 22 of Law 38/2003 of 17 November, in accordance with the principles of advertising, transparency, objectivity, equality, and non-discrimination, effectiveness in meeting the objectives and efficiency in the allocation and use of public resources. They will be awarded by the INIA from the appropriations in their budgets.

2. The concession procedure will be in accordance with the provisions of Law 38/2003 of 17 November, and in the Regulation of the General Law of Grants, approved by Royal Decree 887/2006 of 21 July, with the characteristics that establish these bases. regulatory.

3. The procedure shall be initiated on its own initiative, by means of the corresponding call made by the holder of the INIA presidency and shall be published in the "Official State Gazette".

Article 8. Actions to be supported and time-limits for implementation.

1. The actions covered by the aid covered by this order shall be the complementary projects and actions referred to in Article 5, which shall be implemented by the beneficiaries referred to in Article 2, with the specifications which shall be identify the calls, setting thematic priorities on them for strategic reasons.

2. The time limit for carrying out the aid shall be three years. However, the time limit may be lower provided that it is duly justified in the application or in its assessment and is included in the relevant resolution. The date of commencement of the execution period shall be determined by the decision to grant the aid. The three-year implementation period may be extended without additional funding in duly justified cases.

Article 9. Criteria for the determination of the aid.

1. The amount of the aid shall be determined in an unequivocal manner on the basis of the budget submitted and its assessment and adequacy of the actual cost of the subsidised activity, applying criteria of maximum effectiveness in the allocation of resources. available.

2. The cost of the activity may be co-financed by the beneficiary. Each action covered by the co-financing shall specify the conditions of the co-financing.

3. The amounts granted may cover all or part of the activity which is incentivised, without, in any event, including possible co-financing, the actual cost of the subsidised activity is exceeded.

4. Exceptionally, where the volume of the amount of applications is expected to be significantly higher than the maximum overall amount intended for the aid and not to cause any alteration of the conditions or conditions laid down, Calls may allow for the possibility of prorating among the beneficiaries in the percentage which will result from the excess between the requested and the maximum overall amount intended for the aid.

5. The financial returns that could be generated by the funds provided in advance to the beneficiaries will not increase the amount of aid granted.

Article 10. Eligible expenditure.

1. Eligible expenditure shall be those which are in a way which is in accordance with the nature of the activity supported and which are carried out within the time limit for the implementation of the activities under aid.

In any case, eligible expenditure shall be considered as eligible expenditure for the audit report referred to in Article 27, up to the limit laid down in that Article.

Expenditure may be financed prior to the date on which the decision to grant the aid is given, where the applicant has so stated in the application and is authorised in the decision to grant the aid, provided that it is consider part of the project to be performed, with the time limit of the filing date of the request.

2. As a general rule, aid may be financed up to one hundred per cent of the marginal costs of the action. Marginal costs shall be considered as those arising from the development of the activities corresponding to the implementation of the project or the complementary action.

In accordance with the provisions of Section 3.1.1 of the Community Framework for State aid for research and development and innovation (2006/C 323/01), it will not apply to public financing of non-economic activities of the Member States. research bodies as provided for in Article 107.1 (formerly Article 87 TEC) of the consolidated version of the Treaty on European Union and of the Treaty on the Functioning of the European Union (OJ EU C 115 of 9 May 2008).

For the beneficiaries referred to in Article 2 (b), (c), (d) (e) and (f), the application for financing shall be at total costs and the maximum eligible amount (aid intensity) shall be 50%. of the total cost of the project.

3. Marginal cost mode: support may be applied to the following concepts according to what specifically identifies the corresponding calls:

a) Direct execution costs, including, among others, the following eligible expenses:

1. Expenses of contracted staff dedicated exclusively to the project. The contract staff may be incorporated into the project for all or part of the duration of the planned duration, in part or in total. Personnel costs may relate to doctors, graduates and technical staff supporting the research. Such staff shall be incorporated in any form of procurement in accordance with the rules in force and with the rules to which the beneficiary is subject, without any commitment as to their subsequent incorporation into the beneficiary entity.

The costs of the remaining statutory or contractually linked staff will not be financed from the beneficiary body. In no case shall it be possible to charge staff costs which are in turn subsidised by calls from the State Talent Promotion Programme and its Employability or similar programmes.

In the respective calls it may be regulated that part of the cost of approved personnel can be devoted to salary supplements for the staff of the research team having a working or statutory relationship with the institution beneficiary of the aid. This amount of salary supplements shall be specified in a differentiated manner in the grant decision, may not be increased or applied to other running costs other than personnel costs and their payment in no case may result in a (a) a non-quantitative or qualitative violation of the legally established remuneration scheme for subsidised staff.

The application of the grants whose bases are established in this order in no case will prevent the fulfillment of the basic regulations on hiring of the same nature as established in the corresponding Law of General Budget of the State.

2. Other implementing costs: duly justified costs, among others, those for the acquisition and leasing of scientific-technical equipment, bibliographic material, consumable material, travel and subsistence, including expenditure on scientific seminars and conferences, short stays of staff assigned to the project in other laboratories to carry out project-related tasks, visits and stays of researchers invited by short time periods and with direct relation to the project or to the action (a) complementary measures, as well as the costs of using general research support services, large scientific facilities and oceanographic vessels. Subcontracting, contract research costs, technical expertise, publication of the results of the investigation, participation of follow-up activities, patent registration and patents acquired or obtained are also included. by licence from external sources at market prices, provided that the transaction has been carried out under conditions of full competition and without any element of collusion, as well as consultancy costs and equivalent services provided that they are essential for the proper implementation of the subsidised activity and intended for exclusive way to the project or action.

Unable to charge repair and maintenance expenses for facilities and equipment.

(b) Indirect costs: where the relevant call is determined by the beneficiary institutions, a maximum amount equivalent to the percentage of the costs may be charged in addition to indirect costs total direct projects and complementary actions to be set out in the relevant call resolution. Indirect costs must be met with actual project implementation costs, allocated on a pro rata basis according to a fair and equitable method and duly justified. General expenses shall be eligible where they are based on actual costs attributable to the execution of the transaction in question or on the actual average costs attributable to transactions of the same type. Lump sums based on average costs shall not exceed 25% of the direct costs of an operation which may affect the level of overheads. For the modality of Complementary Actions, indirect costs cannot be subsidised.

4. Total cost mode: the aid will be granted for the single concept of direct costs of execution and within the following eligible costs:

(a) Personal or contracted personnel expenses for the project, both research and technical support personnel. However, those who are themselves supported by calls from the State Talent Promotion Programme and their employability or similar state programmes may not be counted as staff costs.

(b) Other implementing costs: costs of amortisation of new acquisition-technical equipment, costs of use of facilities or equipment, including the costs of using general services to support the research, large scientific facilities and third-party oceanographic vessels, to the extent that such equipment is intended for the proposed activity, and other duly justified costs (consumable material, travel, subsistence, including seminars and conferences of a scientific nature, visits and stays of researchers invited for short periods of time and directly related to the project, etc.). Subcontracting, contractual research costs, technical knowledge and patents acquired or obtained by licence from external sources at market prices are also included, provided that the operation has been carried out under conditions of full jurisdiction and without any element of collusion, as well as consultancy costs and equivalent services provided that they are indispensable for the proper implementation of the subsidised activity, and are exclusively intended for the project or action.

(c) Depreciation costs for scientific and technical equipment that are directly related to the project objectives may be subsidised, provided that:

1. No national or Community grants have been used in the acquisition, including the present.

2. Depreciation expenses are calculated in accordance with the relevant accounting standards.

3. the expense is exclusively related to the project period.

Unable to charge repair and maintenance expenses for facilities and equipment.

5. The taxes shall be eligible expenditure where the beneficiary of the grant effectively pays them. In no case are indirect taxes considered to be eligible for indirect taxes where they are eligible for recovery or compensation.

6. With regard to inventoried goods, the fourth and fifth paragraphs of Article 31 of Law 38/2003 of 17 November shall apply. The period of affixing of goods entered in the public register is fixed in five and two years respectively, except where the performance of the aid has an additional period of execution, in which case the time limit for the condition shall be equal to that time limit for implementation. However, in the case of actions co-financed with Community Funds, Article 57 of Regulation (EC) 1083/2006 shall also apply.

Article 11. Subcontracting.

1. It is understood that a beneficiary subcontracts when it is aware of the total or partial implementation of the activity which constitutes the subject of the subsidy with third parties. It is beyond this concept that the costs incurred by the beneficiary for the self-realization of the subsidised activity are to be contracted.

2. Subcontracting shall be subject to compliance with the following requirements:

(a) You may not be concerned with the persons provided for in Article 29.7 of Law 38/2003 of 17 November.

(b) In no case may activities be outsourced which, by increasing the cost of the subsidised activity, do not add value to the content of the activity.

(c) The subsidised activity which the beneficiary subcontracts with third parties shall not exceed 50% of the total cost of the project or action. Where it is necessary to subcontract for a higher percentage, it must be approved by the granting authority on a prior basis and in no case shall it exceed 95%, unless a lower percentage is indicated in the calls.

(d) Where subcontracting exceeds 20% of the amount of the subsidy and this amount exceeds EUR 60 000, subcontracting shall be subject to compliance with the following requirements:

1. A written contract must be concluded between the parties.

2. The celebration of the same shall be authorized in advance by the grant organ.

3. A contract may not be split in order to reduce the amount of the contract and to avoid compliance with the requirements laid down in this Article.

4. Subcontracting does not exempt the beneficiary from its full responsibility for the implementation of the subsidised activity, as provided for in Article 29 (5) and (6) of Law 38/2003 of 17 November.

Article 12. Compatibility of the aid.

1. In general, the perception of the aid covered by this order will be compatible with the perception of other subsidies, aid, revenue or resources for the same purpose, from any public or public authorities or private, national, European Union or international bodies.

2. However, the amount of aid provided for in this order may in no case be such that, in isolation or in competition with other grants, aid, revenue or resources, it exceeds the cost of the subsidised activity or the limits maximum aid intensity laid down in Community legislation (Community framework for State aid for research and development and innovation (2006/C 323/01).

3. If the aid is co-financed with funds from the European Regional Development Fund (ERDF), it will not be compatible with other aid co-financed with the European Union's structural funds, as provided for in Article 54 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions for the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006 n. º 1260/1999.

4. The beneficiary must inform the authority of the grant of other grants, aid, income or resources to finance the activities supported. This communication shall be made as soon as it is known and, in any case, before the justification for the application given to the funds received.

TITLE I

Management procedure

Article 13. Competent bodies to convene, instruct and resolve the concession procedure.

1. The competent authority for the initiation of the procedure shall be the holder of the INIA presidency by publication of the public call resolution.

2. The instructor of the procedure shall be the holder of the Subdirection of Prospective and Coordination of Programs of INIA. This body shall be responsible for the analysis of the applications submitted by checking the requirements of the beneficiaries and shall carry out all the necessary measures necessary for the determination, knowledge and verification of the data under which the the motion for a resolution should be formulated.

3. The body responsible for issuing the decision terminating the proceedings shall be the head of the INIA's management, on a proposal from the instructor and after the hearing has been completed.

Article 14. Formalisation and submission of applications.

1. The time limit for the submission of applications and the remaining documentation required shall be 20 working days from the day on which the call is published.

2. Applications for obtaining the aid shall be addressed to the instructor. Completion shall be initiated by the principal investigator on the electronic application form, available at the INIA website www.inia.es.

3. The filing shall be completed by the legal representative of the requesting entity by means of its electronic signature. The signature will be made through the electronic address www.inia.es, with an advanced electronic signature system.

4. Likewise, the legal representatives of the requesting entities will forward through the application available at the INIA website www.inia.es, in a single submission for all the applications submitted by them, the documentation that will be determines in each call for evidence, inter alia, of the requirements referred to in Article 13 of Law 38/2003 of 17 November.

5. The signature of the legal representative of the requesting entity, in the request for assistance, represents the commitment of the entity to support the correct conduct of the research activities. It also assumes that the entity has found that the documentation submitted complies with the formal requirements set out in the call, as well as the veracity of all the data recorded in the application.

6. The legal representative may expressly authorize INIA to obtain directly the accreditation that the represented entity is aware of the compliance with the tax obligations and with the Social Security. Those entities that do not grant INIA this authorization must present the certificates that demonstrate compliance with the tax and social security obligations, issued by the State Tax Administration Agency or by the corresponding Foral Haciendas and by the General Treasury of Social Security. Where the requesting entity is not required to present such certifications, within the meaning of Article 24 of the Regulation of Law 38/2003 of 17 November, compliance with the tax and social security obligations shall be established. by responsible declaration.

Article 15. Review of requests.

1. If the application does not meet the requirements set out in this call, in accordance with Article 71 of Law No 30/1992 of 26 November, the investigating body shall require the person concerned to submit the application within 10 working days, indicating that, if he does not do so, he shall be given a withdrawal of his application, upon a decision which shall be given in accordance with the terms of Article 42 of Law No 30/1992 of 26 November.

2. The authority responsible for the training shall carry out its own task as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be formulated, established in Article 24 of Law 38/2003 of 17 November.

Article 16. Evaluation and selection of requests.

1. The instruction of the concession procedure shall include, with the particularities to be established, where appropriate, the following actions:

a) The request for all reports are deemed necessary to resolve or be required by this order or by the call. The request shall include, where appropriate, the determining character of those reports which are mandatory.

(b) The assessment of the applications, carried out by the bodies and in accordance with the assessment criteria set out in the following Article and in the relevant calls.

Additional information may be obtained from applicants if they are deemed necessary for a better assessment. The information may be required for presentation in electronic form, by video-conference or in-person interview.

2. Once the deadline for submitting applications has been completed, the instructor body shall carry out its review, and shall agree to the referral to the National Agency for Assessment and Prospective (hereinafter ANEP) of which they have been admitted, within 15 days. following the completion of the review procedure.

For each of the applicants, ANEP will produce a report based on the criteria detailed in the following article.

Those reports which, as referred to in the additional tenth of Law 14/2011 of 1 June, shall be binding, shall be issued within a maximum of 10 days, unless the instructor agrees to by express resolution, which shall be published in accordance with the provisions of Article 59.6 of Law No 30/1992 of 26 November 1992, a period of time which, in any event, may not exceed two months.

After the said period without the reports referred to in the preceding paragraph have been issued, the instructor body may agree, also by means of express resolution, that it shall also be the subject of publication, interruption of the deadline for the subsequent formalities.

3. Evaluation committees shall be set up to carry out the functions of the collegiate body governed by Article 22.1 of Law 38/2003 of 17 November, by proposing to the granting body, through the instructor body, the granting of the aid. In the form of projects, at least commissions will be formed for four thematic areas (Agricultural, Forestry, Livestock and Fisheries and Food Quality and Technology), which will be chaired by the Director of the Prospective and Coordination of INIA Programs and will be made up of three area heads and a head of service who will act as Secretary, all of them belonging to the instructor body; a researcher appointed by the Directorate-General for Scientific Research and Technique, a representative appointed by the Deputy Director-General of the Evaluation Agency and Prospective; two representatives with the minimum rank of head of service appointed by the Ministry of Agriculture, Food and the Environment; two representatives of organisations whose activity is linked to the subject of the aid; and five researchers from Public Research Bodies and Universities.

In the form of Complementary Actions, the commission will be chaired by the head of the Prospectus Sub-direction and Coordination of Programs at the INIA and will be made up of three area heads and a head of service who will act as a voice and vote secretary, all of whom are members of the instructor.

4. The evaluation committees shall operate in accordance with Chapter II of Title II of Law No 30/1992 of 26 November and shall respond to the principle of the balanced presence of women and men established in the additional provision. First of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

Its creation and operation will be met with the personal, technical and budgetary means of the INIA, in accordance with the provisions of Article 2.2 of Royal Decree 776/2011 of 3 June, for which certain Collective bodies and criteria for standardisation in the creation of collegiate bodies in the General Administration of the State and its Public Bodies.

Article 17. Evaluation criteria.

1. The evaluation shall be carried out under the principles of autonomy, neutrality and specialisation, and shall be based on the analysis of available scientific and technical knowledge and its applicability and dissemination.

2. The actions in the Project modality will be selected according to their scientific excellence and their suitability to the priority lines of the call, taking into account the following evaluation criteria:

a) Scientific excellence: Up to 50 points.

1. Scientific-technical assessment of the working group: Up to 20 points.

For the realization of the valuation, the following criteria will be taken into account:

i) Ability of the principal investigator and the rest of the research team to perform the scheduled activities and recent contributions of the same related to the project topic.

(ii) The preliminary results, both fundamental and applied, that the research teams have obtained in the thematic area of the proposal.

iii) Interest in the results of projects carried out by actions previously financed by the Subprogramme of Fundamental Research Projects oriented to Agricultural Resources and Technologies in coordination with the Autonomous Communities and Complementary Actions or similar programmes. The results obtained from other projects related to the scope of the current proposal will also be assessed.

iv) Scientific-technical contributions expected by the project's applicant group.

v) Internationalization of the group and the proposal.

vi) Collaboration with other research teams, both fundamental and applied.

vii) The capacity of the principal investigator and the rest of the research team to face different research or new technologies to those made so far. A negative assessment shall not be carried out when the project involves a change in the usual research line of the principal investigator and/or research group of the proposal.

2. The project's scientific-technical assessment: Up to 30 points.

For the realization of the valuation, the following criteria will be taken into account:

i) Novage and scientific-technical relevance of the project's objectives in relation to the state of the subject's own knowledge.

ii) Viability of the proposal.

iii) Adequation of the size, composition and dedication of the research team to the objectives proposed in the project. Ability to perform the project. The unique dedication to the project will be valued by each of the team members and especially the lead researchers. Single-person projects will not be acceptable.

iv) Adequation of the methodology, design of the research and work plan in relation to the objectives of the project. For the case of coordinated projects, complementarity of the participating research teams and benefits of coordination.

b) Strategic and Opportunity Assessment: Up to 50 Points.

1. Project Adequation to the priorities of the call and opportunity of the proposal: up to 30 points.

i) Project adequation to the priority lines of the call. The thematic priorities for the 2013 call are set out at the INIA's website, www.inia.es.

ii) Possibility that project results will report the expected socio-economic benefits.

iii) Percussion in the sector to which they are directed.

iv) Special consideration will be given to aspects of special territorial interest for the Autonomous Communities and, in the coordinated projects, cooperation in these areas to solve common problems and to stimulate collaboration between research groups.

v) Valuation of the scientific-technical relevance of the project in relation to the other applications submitted.

vi) The multidisciplinary contribution to the solution of the problem raised will be assessed, and especially when this is concretized in the participation of more than three research groups. Multidisciplinary participation shall not be considered in the projects for the conservation of genetic resources.

2. Inequation of the research team to the project: Up to 15 points.

i) Scientific-technical assessment of the group as to the relevance of its previous scientific-technical contributions in general (in the context of its area of knowledge or specialization), and in relation to the topic of proposal.

ii) Previous results that the team has developed in the field of the proposal and interest of these.

iii) Ability to change and to face new challenges from the principal investigator and the research team. A negative assessment shall not be carried out when the project involves a change in the usual research line of the principal investigator (hereinafter IP) and/or research group of the proposal.

iv) Structure of the group taking into account the level of dedication of its components to the project and the adequacy to the proposed objectives. Single-person projects will not be considered.

v) Collaboration with other research groups, national or international.

vi) Link of the application to proposals submitted to the European Union Framework Programme, or other international programmes in relation to the project theme.

vii) The participation of enterprises in the agri-food system with direct participation in experimental procedures will be particularly valued. This assessment shall not apply to projects for the conservation of genetic resources.

3. Degree of transfer and dissemination of results: Up to 5 points.

i) Broadcast plan.

ii) Possible transfer of project results, in particular on the issues related to the determination of agri-food problems and the potential creation of added value in the related aspects with the theme of the project.

In paragraphs (a) 1 and 2 (b) 2. the multidisciplinary approaches to the proposal will be particularly valued, with the participation of more than three complementary research groups, and the incorporation of companies within the the experimental procedures.

The maximum score assigned to each performance will be 100 points.

No action shall be financed which does not exceed at least 75 points, although the calls may set upper limits. Exceeding the above limit, the number of applications to be financed will be subject to budgetary availability.

3. Actions in the form of Complementary Actions will be selected on a general basis according to the following assessment criteria:

a) Interest, scientific-technical relevance and opportunity of the proposal: Up to 40 points.

b) Adequation of the financial resources requested to the proposed objectives: Up to 20 points.

c) Accredited financial contribution from other public or private entities: Up to 10 points.

d) Participation of the principal investigator responsible for the scientific development of the action in agricultural or food research projects financed by Spanish public funds or European Union programmes. Participation in research projects of the State R & D + I Program Oriented to the Challenges of the Society (Safety and Food Quality, Productive and Sustainable Agricultural Activity, Sustainability of the Natural Resources and Marine and Maritime Research): Up to 30 points.

The maximum score assigned to each performance will be 100 points.

No action shall be financed which does not exceed 50 points at least. Exceeding the above limit, the number of applications to be financed will be subject to budgetary availability.

4. Actions in the form of Complementary Actions, when they collect proposals on genetic resources, will be selected according to the following particular assessment criteria:

a) Adequation of the action to the priorities of the call. Opportunity of the proposal: Up to 48 points. The following criteria shall be taken into account for the assessment of the assessment:

1. Evaluation of the scientific-technical relevance of the project. Adaptation of the project to the thematic areas and priority lines of the call and the current action plan: Up to 24 points.

2. The possibility that the results of the action will report the expected socio-economic benefits. Impact on the sector to which they are directed: Up to 24 points.

b) Research team's adequation: up to 36 points. The following criteria shall be taken into account for the assessment of the assessment:

1. The group's scientific assessment as to the relevance of its previous scientific-technical contributions in general (in the context of its area of knowledge or specialization), and in relation to the subject of the proposal: Up to 12 points.

2. Group structure assessment taking into account the level of dedication to the project and the adequacy of the proposed objectives: up to 12 points.

3. Previous Results that the team has developed in the scope of the proposal: Up to 12 points.

c) Degree of transfer and dissemination of results: Up to 16 points.

The maximum score assigned to each performance will be 100 points.

No action shall be financed which does not exceed 75 points at least. Exceeding the above limit, the number of applications to be financed will be subject to budgetary availability.

5. With the result of the evaluations, the commissions will issue a final report setting out the outcome of the evaluation carried out, referring to the instructor a prioritized relationship of the requests with the evaluation of each of the (a) to make the proposal for a provisional resolution.

Article 18. Motion for a resolution.

1. The evaluation committee, in accordance with the provisions of Article 24 (4) of Law 38/2003 of 17 November, after the examination of the applications submitted and the results of the evaluation, will issue a report on the the result of the assessment and a relation of the applications, in accordance with the assessment and selection criteria to be established in these bases and in the relevant call.

2. The instructor, in the light of the dossier and of the report of the selection panel, shall make the appropriate proposal for a provisional resolution, which shall be reasoned and express the applicant's institution for which the granting of the aid, as well as the amount and conditions of the aid.

3. The proposal for a provisional resolution shall be notified to the parties concerned, subject to publication in the terms of Articles 59.6 (b) and 60, both of Law No 30/1992 of 26 November 1992. The parties concerned shall have a period of 10 days, from the date of publication of the draft provisional resolution, in order to make any such statement as to be relevant or to withdraw the aid. If the person concerned does not carry out any such action, the aid shall be deemed to be accepted.

However, it will be possible to dispense with the hearing procedure where the proceedings are not included in the proceedings, nor are any other facts or other allegations and evidence which are adduced by the parties concerned, in which case the proposal is Formulated resolution will have the ultimate character.

4. If the hearing procedure is completed, the instructor shall make the proposal for a final decision, in which the applicant or the relationship of applicants for which the grant of aid is proposed shall be expressed.

5. The instructor shall notify the applicants that the proposed final decision has been proposed as beneficiaries so that, within 10 days, they shall communicate their acceptance or waiver of the proposed aid. If the person concerned does not carry out any such action, the aid shall be deemed to be accepted.

Calls may provide for the possibility of obtaining the acceptance of the applicant at the same time as the hearing procedure, in the interests of administrative simplification.

6. The proposals for interim and final resolution do not create any right in favour of the proposed beneficiary, vis-à-vis the Administration, while the granting decision has not been notified to it.

7. In accordance with the third paragraph of Article 20 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability, in the case of non-compliance with the objective of budgetary stability, The granting of subsidies by the Central Administration with non-performing Autonomous Communities shall, prior to its granting, report in favour of the Ministry of Finance and Public Administrations. This measure shall also apply in the case of a formulation of the prior warning provided for in Article 19 of that law.

In order to comply with this provision, the instructor will ask for applicants in which the circumstances provided for in the preceding paragraph are met by the corresponding report to the Ministry of Finance and Public Administrations. The proposal for a provisional resolution shall not include any applicant whose report is unfavourable.

Article 19. Reformulation of requests.

1. The possibility of reformulation of applications referred to in Article 27 of Law 38/2003 of 17 November shall apply to the aid contained in the proposal for a provisional resolution.

Exceptionally, where the amount finally awarded is more than 40% lower than the amount requested, the call may provide for the possibility of reformulation of the applications if the circumstances are met. following:

(a) That the beneficiary be urged to identify from among the proposed actions those whose commitment he maintains and which are to be supported.

b) That there is conformity on the part of the instruction body on the reformulation proposed.

2. The instructor may also, provided that the call is provided for, propose to the applicant a reformulation of his application, on the basis of the reports issued by the evaluation committee, as laid down in Article 61 of the Regulation of Law 38/2003 of 17 November.

Article 20. Resolution of the procedure.

1. Once the proposal for a final decision has been raised to the competent body to resolve, it will dictate the judgment or dismissal of the aid requested, which must be motivated and put an end to the administrative route.

2. Resolutions shall contain at least the following aspects:

(a) The ratio of applicants to whom the grant is awarded, including the identification of the performance, the amount granted to each applicant and the mode of support.

(b) The general and particular conditions of the grants awarded and the commitments that correspond to each beneficiary.

(c) The designation of the budget items under which the aid is financed.

d) The express dismissal of all other requests.

e) The start date of the run time.

(f) Where appropriate, the financing with ERDF funds shall be made.

g) The resource regime.

3. The decision of the procedure shall be delivered and notified within the maximum period of six months from the publication of the notice. After the expiry of that period without having been notified, the parties concerned shall be entitled to understand their requests for administrative silence, in accordance with Article 25 (4) and (5). of Law 38/2003 of 17 November. The resolution of the concession procedure may be further notified to those interested in the electronic headquarters of INIA www.inia.es.

4. The convocation may provide for partial and successive decisions to be granted, as the relevant body makes a corresponding proposal. In this case, the call shall establish the measures to ensure the principle of equality in the award.

Article 21. Amendment of the decision to grant aid.

1. The actions supported shall be implemented in the approved time and form to be collected in the granting decisions. However, where duly justified specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, the beneficiary may request the amendment of the resolution of the concession. Any changes will require simultaneously:

(a) That does not affect the objectives pursued with the aid, its fundamental aspects, or damage third-party rights, and

(b) That is requested by the legal representative of the beneficiary entity at the request of the principal investigator before the end of the period of execution of the project and is expressly accepted, notifying the person concerned. The body responsible for resolving the requests for amendment shall be the body responsible for resolving the calls for aid.

The circumstances that may lead to the amendment of the resolution are: modifications to the approved budget, change of beneficiary entity, extension of the deadline for implementation, change of principal investigator, change of (a) the implementation centre within the same entity and modifications to the co-financing, including the participation in the co-financing by the European Union's structural funds. The concurrent procurement of other contributions outside those provided for in the call may also give rise to the amendment of the granting decision.

2. Where the proposed amendments relate to the approved budget for each aid, it shall be taken into account:

(a) The amount approved for the concept of direct costs of execution may be allocated without restriction to any of the eligible costs, with the limit for each of them of the amount shown in the application, is personal, inventorable material or other execution costs according to the needs of the project. In any case, express authorisation shall be required for transfers between sub-concepts of expenditure, only when the amounts included by the interested parties in the initial application are exceeded, in the sub-concepts of 'staff' and 'other implementing costs'.

(b) If, in accordance with the call, funding has been granted for salary supplements within the concept of direct costs of implementation, such additions may not be increased in any case.

(c) No request or transfer of funds between indirect costs and direct costs of execution may be requested.

3. Where a beneficiary change of entity is requested, it shall be taken into account:

a) The amount of aid granted cannot be changed.

(b) In the case of co-financing from the ERDF, the change of entity shall not be feasible where this implies a change in the place of execution of an Autonomous Community belonging to the Convergence Objectives "Phasing Out" and "Phasing In" to an Autonomous Community of Regional Competitiveness and Employment.

(c) With the request for a change of the beneficiary entity, a report of an auditor of external accounts shall be sent to the institution itself certifying the statement of the aid granted on that date which shall be the case, accepted the proposed change of the beneficiary entity, transmitted to the new entity, which must accept it as a certain state of accounts. The liabilities of any type prior to the date of such audit shall be from the beneficiary entity which originally received the aid. From that audit date (and if the change of entity is authorised), the liability will be fully assumed by the new beneficiary entity. Any objections or objections which may be made to the audit subsequently by the relevant control bodies, even after the end of the period of execution of the aid, must specify the date of the operation repaired, and the it shall be remedied or assumed by the beneficiary entity that was responsible at that date for the aid received, as determined in the audit carried out prior to the change of entity.

4. In respect of the time limit for implementation, it may be requested to be extended by reasoned request and shall be expressly authorised by the granting authority.

5. Any modification of the components of the research team or the dedication of the research team to the incentive action shall be requested in a reasoned manner, accompanied by the documentation required in the respective calls. The new components of the research team will have at least the same capacities that were positively assessed in the assessment phase of the aid application. The authorization shall be done expressly.

6. Where the beneficiary of the subsidy shows in the justification of the aid that there have been deviations from the conditions laid down for the grant of the aid, which do not essentially alter the nature or objectives of the aid, the grant, which could have resulted in the amendment of the decision in accordance with Article 17 (3) (l) of Law 38/2003 of 17 November, having been omitted from the prior administrative authorisation procedure for its approval, the grant authority, may accept the justification submitted, as long as such acceptance does not involve damaging third party rights.

7. The acceptance of the alterations by the granting body, in the act of verification, does not exempt the beneficiary from the sanctions that may correspond according to Law 38/2003 of 17 November.

Article 22. Payment.

1. Payment of the aid shall be made in favour of the beneficiary. If associated members exist, the payment shall be made in favour of the main beneficiary.

2. The amount of the subsidy shall be paid in advance. Notwithstanding the foregoing, no advance payments may be made to beneficiaries where the voluntary declaration of competition has been applied for, they have been declared insolvent in any proceedings, and have been declared as a contest, except in has acquired the effectiveness of an agreement, be subject to judicial intervention or have been disabled in accordance with Law 22/2003, of July 9, Bankruptcy, without the end of the period of disablement fixed in the judgment of qualification of the contest.

3. In the case of the first annuity, such payment shall be processed on the basis of the decision to grant it. In the rest of the annuities, the advance payment will be conditional on the presentation of the scientific and technical monitoring reports, the positive scientific evaluation of the same and the budgetary availabilities. Only the following annuities shall be anticipated if at least 30 per cent of the amounts anticipated in previous annuities have been justified.

Also, the payment of the aid, both of the first annuity, and of the successive ones, will be conditional on the existence of a record on the part of the granting authority that the beneficiary meets the conditions required in the article 34.5 of Law 38/2003 of 17 November.

In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to do so within a maximum of 15 days from the day following the notification of the requirement certificates.

Article 23. Advertising of the grants awarded.

1. The awarding authority shall publish the grants awarded in the "Official State Gazette", as set out in Article 18 of Law 38/2003 of 17 November.

2. However, where the amounts of the aid granted, individually considered, are of less than EUR 3 000, the publication in the 'Official Gazette of the State' shall not be required. In such a case, the publication in the electronic headquarters of the aid agency shall ensure that the beneficiaries of the aid are advertised, in accordance with their special characteristics, size and number.

3. The grant of aid will be published in the electronic headquarters of the INIA, in a preferred location, and any reference made in it to facts related to the aid and its results will have to observe all the requirements on advertising previously.

Article 24. Obligations of the beneficiaries.

The grant recipient's obligations are:

1. Meet the objective, execute the project, perform the activity or adopt the behavior that bases the grant of the grants.

2. To justify to the granting body or the collaborating entity, where appropriate, the fulfilment of the requirements and conditions, as well as the performance of the activity and the fulfilment of the purpose to determine the concession or enjoyment of the grant.

3. Submit to the verification, to be carried out by the granting body or the contributing entity, if any, as well as any other financial verification and control that may be carried out by the competent control bodies, either national as a community, providing as much information as required in the exercise of previous actions.

4. To inform the granting body or the contributing entity of other grants, aid, income or resources to finance the activities supported.

This communication must be made as soon as it is known and, in any event, before the justification of the application given to the funds received, crediting the amount, provenance and application of such funds to the subsidised activity.

5. In the case of the Commission, the Commission has taken into account the fact that the Commission has not been able to submit to the Commission a proposal for a decision on the granting of aid to the Community. the provisions of the additional 18th of Law No 30/1992 of 26 November.

6. Having the accounting records, completed records and other documents duly audited in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, as well as how many accounting statements and records They are required by the regulatory bases of the grants, in order to ensure the proper exercise of the powers of verification and control.

7. To keep the supporting documents for the implementation of the funds received, including electronic documents, as long as they can be the subject of verification and control actions.

8. To adopt the measures of dissemination contained in Article 18.4 of Law 38/2003 of 17 November, by giving due publicity to the financing of the activity under aid, making express reference to the call for aid and to the body grant in the publications, presentations and other activities of dissemination of results resulting from the aid granted under this order.

9. The R & D centre shall publish a digital version of the publications resulting from the aid granted under this order in open access, in accordance with Article 37 of Law 14/2011 of 1 June.

10. In the event that the action is co-financed with ERDF funds, the means of dissemination of the aid granted under this order, as well as their relevance, should be at least similar to those used for other sources of funding.

11. In the event that the aid is co-financed with resources from the ERDF, it must be made explicit in this respect both in the employment contracts and in the publications and other actions resulting from the financing, and comply with the obligations laid down in the applicable Community legislation, in particular Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the implementation of Regulation (EC) No 1083/2006 of the European Parliament and of the Council Council Directive laying down general provisions for the European Development Fund Regional, European Social Fund and Cohesion Fund, and Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund. To this end, it shall be published at the appropriate electronic headquarters.

12. Proceed with the recovery of the funds received in the cases referred to in Article 37 of Law 38/2003 of 17 November.

Article 25. Advertising by the beneficiaries to the aid granted.

1. The beneficiaries must give adequate publicity to the public nature of the financing of the activity covered by the aid provided for in this order, as set out in Article 18.4 of Law 38/2003 of 17 November.

2. The dissemination measures must be adapted to the subject-matter, both in terms of form and duration, and may consist, in the terms specified in each call, in the inclusion of the institutional image of the Ministry of Economics and Competitiveness and INIA, as well as legends regarding public funding in the inventive equipment, printed materials, electronic or audiovisual media, etc. They may also consist of statements made in the media.

Where the subsidised activities have other sources of financing and the beneficiary is obliged to give publicity under this circumstance, the means of dissemination of the grant awarded and its relevance must be similar to other sources of funding.

3. Likewise, in accordance with Article 8 of Council Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the implementation of Regulations (EC) No 1083/2006 and No 1080/2006 on the European Fund Regional Development, the beneficiary, where appropriate, shall make mention of the co-financing with ERDF funds.

4. In the event of non-compliance with the obligations set out in this Article, the following rules apply:

(a) If compliance with the established terms is still possible, the granting authority shall require the beneficiary to adopt the dissemination measures established within a period of not more than 15 working days, with express a warning of the consequences of such non-compliance arising from the application of Article 37 of Law 38/2003 of 17 November.

(b) If, as the activities affected by these measures have already been developed, their compliance with the established terms will not be possible, the granting body may establish alternative measures. The request addressed to the beneficiary shall set a time limit of not more than 15 working days for adoption, with a warning of the consequences of such non-compliance arising from the application of Article 37 of the Law. 38/2003, dated November 17.

Article 26. Monitoring.

1. The body determining the calls or, failing that, the instructor, shall monitor compliance with the technical scientific objectives of the action and its economic justification.

2. In addition, the calls should establish the monitoring procedure, which should be effective, transparent and based on the quality and scientific-technical and socio-economic impact of the actions financed, in order to provide for the creation of how many commissions they deem necessary.

3. The monitoring shall be carried out during the course of the action, with the frequency to be determined by the calls, and, in any case, on a compulsory basis, after the completion (ex-post evaluation).

4. The monitoring shall be based on the documentation or information requested from the beneficiary.

5. The follow-up should provide a report that, in addition to qualitative aspects of the development of the performance, includes a quantification of the results of the performance with respect to pre-established indicators. The calls and award decisions may establish the list of indicators to be used for monitoring.

6. The calls shall provide for the form in which the results of the ex-post evaluation of the actions funded shall be taken into account when the person concerned requests a further support from the State Plan for R & D + I 2013-2016.

7. In order to facilitate project monitoring, beneficiaries will be required to incorporate a summary of results into the database to be established.

Article 27. Justification.

1. The justification for the aid, as well as the conditions imposed for its granting, shall be carried out by means of the supporting account system with the contribution of an auditor's report.

The supporting account and the auditor's report shall be submitted within the time limits set out in paragraph 5 of this Article.

2. The auditor who carries out the review of the supporting account shall be registered as an exercise in the Official Register of Auditors.

The expense arising from the review of the supporting account will have the condition of eligible expenditure up to the amount of 1,200 euros.

The report of the auditor must be issued, after checking all invoices and documents of equivalent probative value in the commercial legal traffic or with administrative efficiency, and of the other documentation established in Article 72 of the General Grant Law Regulation.

The performance of the auditor must be adapted to the rules of action and supervision that, if any, propose the General Intervention of the State Administration.

3. The supporting account shall contain the following documentation:

(a) Memory of performance justifying compliance with the conditions imposed in the grant of the grant, indicating the activities carried out and the results obtained.

b) Short economic memory with the following content:

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. Where the subsidy is granted on the basis of a budget, the deviations shall be indicated.

2. A detailed relationship of other income or subsidies that have financed the activity supported with an indication of the amount and its provenance.

3. º. Where applicable, the repayment letter of repayment in the case of unapplied remaining, as well as the interest derived therefrom.

4. In the event that the beneficiaries are bodies or entities of the state public sector, the justification may be made by means of the simplified supporting account provided for in Article 75 of the Law 38/2003 of 17 November, without the maximum amount of EUR 60 000 shall apply and provided that the conditions laid down in Article 82 of that Regulation are complied with.

5. Where the aid has a multiannual duration, successive annual follow-up justifications shall be submitted during the month of September of the annual financial years following the year in which the commitments were entered, providing for the the body responsible for monitoring the appropriate instructions.

The final justification shall be given within a period not exceeding three months after the end of the period of execution of the investigation.

After the period of justification established without having presented the supporting documentation to the competent body, the latter shall require the beneficiary to submit within 15 working days, with Warning that the lack of presentation will result in the requirement for the recovery and loss of the right to the recovery of the outstanding annuities, in accordance with the provisions of Article 29 of this order and other responsibilities established in the General Grant Act.

6. The supporting documentation referred to above must be submitted to the aid monitoring body, with the electronic signature of the consignment by the legal representative of the beneficiary. The reports will be presented via the Internet portal www.inia.es, using the available standard models.

7. The monitoring body may draw up additional implementing and justification instructions to develop the requirements set out in this order and in the relevant call. These instructions will be made public through the Internet portal www.inia.es.

8. In the case where the aid is co-financed with ERDF funds, account shall be taken of the justification requirements laid down in Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the for Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and Regulation (EC) No 1080/2006 of the European Parliament and of the Council European Regional Development Fund and the Council on the European Regional Development Fund.

Article 28. Check and control actions.

1. The beneficiary shall be subject to the verification measures to be carried out by the monitoring body, as well as to the financial control of the General Intervention of the State Administration and the audit control of the Court of Auditors. In addition to the ERDF co-financing, to the controls established by the European Commission and the Structural Funds Management Authority.

2. The body responsible for monitoring may carry out the verification measures it establishes to verify compliance with the conditions required of the beneficiary, as well as the performance by the beneficiaries of the performance which is the subject of aid. To that end, it shall draw up an annual action plan to check the aid it has granted.

3. Monitoring compliance with the scientific and technical objectives of the aid granted (development of the developed work, established partnerships, progress made, exploitation of the results achieved, etc.) will be carried out. by examining the annual and final monitoring reports, which may be designated by the necessary bodies or experts, to seek the submission of supplementary information and to receive the cooperation of the ANEP. It shall be one hundred per cent of the aid granted.

The monitoring body may annually set up monitoring committees which will carry out a thorough verification of the scientific and technical objectives of the projects and complementary actions belonging to a sample which is determined in the annual action plan. This verification may include a public presentation to the relevant commission of the results obtained, by the investigator responsible.

4. The economic verification shall verify that the declared expenditure is real, that the goods have been delivered or the services have been provided in accordance with the decision of the concession, that the justifications of the beneficiary are correct and that the operations and expenditure comply with applicable Community and national rules, as well as the fact that the beneficiary does not incur double funding.

The economic check will include the following procedures:

(a) documentary evidence of the justifications submitted: This verification shall be carried out on one hundred per cent of the aid granted, taking into account the review of the economic content of the electronic justification paid by the beneficiaries, on one hundred per cent of the expenditure presented. The minimum scope of the check will be as follows:

1. Correspondence of expenditure to the period.

2. Th Expense Correspondence with the approved project.

3. º Compliance with the conditions of the call.

4. º Compliance with eligibility rules.

5. ° Adequation of the supporting documents and the existence of an appropriate audit trail.

6. º Compliance with applicable regulations.

The verification of the supporting documents may be carried out using sampling techniques to provide reasonable evidence on the appropriate application of the aid, to which the beneficiaries may be required to remission of the supporting documents which make up the sample. The selection of the sample, in which the concentration of aid, risk factors and territorial distribution will be taken into account among other aspects, shall be determined in the annual action plan to be drawn up by the body. grant.

(b) Check visits: verification visits may be carried out on a representative sample of the aid, as provided for in the annual action plans of the monitoring body.

On-the-spot verifications are on-the-spot checks, and are intended to check, inter alia, the following elements:

1. Project Reality.

2. Product delivery or service in a manner consistent with agreed conditions.

3. Documentary and physical verification of inventoried assets.

4. The Observance of the regulations on advertising.

5. Full compliance with public procurement procedures.

Article 29. Reintegrate.

1. The concurrence of any of the causes provided for in Article 37 of Law 38/2003 of 17 November, and of the conditions imposed in this order as well as the conditions which, if any, have been established in the corresponding resolution of granting the right to the recovery of the aid or, where appropriate, prior to the appropriate recovery procedure, to the obligation to return the aid received plus the interest for late payment.

2. Furthermore, this order of bases establishes as specific causes of non-compliance, being able to produce the effects referred to in the previous article, the non-accreditation by the beneficiary, with character prior to the payment of both the first annuity as of the successive ones, of the fulfilment of the requirements required in article 34.5 of the Law 38/2003, of 17 November,, prior to request so that within the maximum period of 15 days from the day following the notification appropriate certificates. Failure to comply with the condition indicated will result in the final loss of the amount of the corresponding annuity, without any reduction in the obligations for the implementation of the activity which is the subject of the aid.

3. The administrative or judicial declaration of invalidity or annulment of the decision granting the aid, in accordance with Article 36 of Law 38/2003 of 17 November, will also give rise to the obligation to return the sums received by the beneficiaries.

4. The agreement whereby the refund procedure is initiated or in the case of loss of the right to recovery must indicate the cause of the recovery, the unfulfilled obligations and the amount of the subsidy concerned. Upon receipt of notification of the initiation of the refund procedure, the person concerned may submit the relevant allegations and documentation within a period of 15 days.

5. 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 decision shall indicate who is the person liable for reimbursement, the non-compliance obligations, the cause of the proceedings between those provided for in Article 37 of Law 38/2003 of 17 November and the amount of the grant to be reintegrated with the interest on late payment or the amount of which the right to your perception is lost.

6. In accordance with Article 90 of the Regulation of Law 38/2003, on November 17, interested parties will be able to make a voluntary return on INIA's income accounts of remaining unapplied for the purpose for which the aid was granted.

Article 30. Graduation criteria for possible defaults.

1. Where compliance by the beneficiary is closely approximated to total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the aid, the amount to be reintegrated will be determined by the application of the following criteria, which address the principle of proportionality:

(a) The partial default of the purposes for which the aid was granted, the realisation of the financial investment or the obligation of justification, will result in the partial recovery of the aid in the percentage corresponding to the investment not made or not justified.

(b) The implementation of unauthorised modifications in the financial budget shall entail the return of the diverted amounts, unless, exceptionally and in a justified manner, the provisions of Article 21.6 are applied.

(c) The final discharge or resignation of the principal investigator of the project, without being replaced by another member of the team, subject to the authorization of the granting body, shall entail the early termination of the project and shall entail the loss of the right to recovery of the amounts outstanding.

2. The total non-compliance of the purposes for which the aid was granted, the realisation of the financial investment or the obligation of justification, shall give rise to the 100% refund of the aid granted.

Article 31. Infringements and penalties.

The regime of applicable administrative penalties and violations shall be as set out in Title IV of Law 38/2003 of 17 November.

Article 32. Administrative silence.

For all situations that require authorization from the Administration regulated in this order, the administrative silence will have an adverse effect. The expiry of the maximum period without having been notified of a legitimate express resolution to the person concerned or interested in understanding the administrative silence dismissed.

Article 33. Resources.

This order may be directly brought before the Administrative-Administrative Court of the National Court, in accordance with Article 11 (1) (a) of Law 29/1998 of July 13, the regulatory authority of the Administrative-Administrative Jurisdiction within two months from the day following the publication of the order in the "Official State Gazette".

Article 34. Warranty measures.

The beneficiaries defined in Article 2 (a) are exempt from the constitution of guarantees under the provisions of Article 42.2 (a) of the Regulation of Law 38/2003 of 17 November. The remaining beneficiaries referred to in Article 2 (b), (c), (d), (e) and (f) shall be the guarantees which come in the form set out in Article 46 of Royal Decree 887/2006 of 17 November for an amount equal to the 10 percent increase in account or advance payments.

Additional disposition first. Applicable rules.

For all those extremes not provided for in this Order, Law 38/2003 of 17 November, General of Grants and its Implementing Regulation, Law 14/2011 of 1 June, of Science, Technology and the Innovation; Law 30/1992, of 26 November, of Legal Regime of Public Administrations and Common Administrative Procedure; Law 11/2007, of 22 June, of electronic access of citizens to Public Services, and any other rules which by their nature may be applicable, in particular in the case of possible co-financing by the European Regional Development Fund.

Additional provision second. Nature of the standard in grants from the European Union's structural funds.

The procedures for granting and controlling grants under Law 38/2003 of 17 November and in its implementing regulation will be of an additional nature in respect of the Community rules which are direct application to the aid financed from the European Union structural funds referred to in this order.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.15. of the Spanish Constitution, which attributes to the State exclusive competence in the field of the promotion and general coordination of scientific research and technique.

Final disposition second. Powers of development.

The holder of the INIA presidency is empowered to issue the resolutions necessary for the application of this order, as well as to resolve and interpret the doubts that may arise in relation to it.

Final disposition third. Entry into force.

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

Madrid, November 8, 2013. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.