The 2013-2016 State Plan for Scientific and Technical Research and Innovation, approved by the Council of Ministers ' Agreement of 1 February 2013, is a financing instrument for R & D & I activities during the period of Period 2013-2016, in the Spanish Strategy for Science and Technology and Innovation 2013-2020. The State Plan includes in its structure a Strategic Action in Economy and Digital Society 2013-2016, oriented as a challenge for the digital economy and society in general to which the activities of R + D + i in the ICT sector are intended to respond. This strategic action articulates a set of measures that aim to promote the adoption of digital technologies and the development of the Information Society, enabling the transformation of the economy and society into a digital environment. which is gradually moving forward and through it is also being implemented, with a transversal nature in all sectors of business, becoming the dominant environment for economic transactions, the provision of public services efficient and efficient and the definition of a new model of work and relationships social.

The Digital Agenda for Spain, approved by the Council of Ministers Agreement of 15 February 2013, includes among its objectives, the development of the digital economy, the reduction of management costs in the administration and the improvement of the The strengthening of the Spanish ICT sector as a source of wealth and employment generation and the drive of R & D + i in the industries of the future. It also provides for specific objectives of great importance for Spain, such as the incorporation of ICT in small and medium-sized enterprises (SMEs), security, or the empowerment of the digital content and services industry and, in General, the adoption of all the objectives of the Digital Agenda for Europe 2015 and support those of 2020.

In order to carry out the activities defined in this new framework of action that share the Strategic Action in the Digital Economy and Society and the Digital Agenda for Spain, it is necessary to approve a base for the support for the promotion of ICT, which will boost the business leadership in R & D & I of Spanish companies and serve to increase their competitiveness through the generation and incorporation of knowledge, technologies and innovations aimed at improving processes and creating products and services technologically advanced and higher value added.

The aid granted to projects falling within the scope of this order shall comply with the provisions of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (General Block Exemption Regulation), published in the Official Journal of the European Union L 214 of 9 August 2008. This aid can be co-financed by Community funds, within some of the operational programmes of the European Regional Development Fund (ERDF). The full implementation of the management and control mechanisms included in the operational programmes and instruments applicable to these funds is therefore included.

This order is structured in two chapters and five annexes: in the first chapter the general provisions, which relate to aspects such as the general objectives, the scope of the programme, the beneficiaries, the types of aid and their limits; the second regulates the management procedure: bodies called by type of project, the way to carry out the application, the evaluation and payment process, the justification and the verification of the aid and the graduation criteria of possible non-compliances. The Annexes refer to clarifications or clarifications on aspects of the operative part.

In the evaluation procedure the possibility of evaluation is established in one or two phases. The possibility of making the advance payment of the aid in a split form and with the provision of guarantees is envisaged.

The regulatory bases of the aid included in the scope of this order incorporate the forecasts, guarantees and controls contained in Law 38/2003 of 17 November, General of Grants, as well as those of its Regulation, subject to all requests for aid to the general competitive competition regime and to the procedural rules laid down for it in that regulation.

This order is dictated by the 15th and 21st rules of Article 149.1 of the Constitution, which attribute to the State exclusive competence in the field of the promotion and general coordination of scientific and technical research and telecommunications, respectively. The Ministry of Industry, Energy and Tourism is the department of the General Administration of the State responsible, among others, for the proposal and implementation of the Government's policy in the field of telecommunications, audiovisual media and development of the information society. The management that the General Administration of the State makes of these aids, allows to introduce an adequate level of competence, as well as a rational and efficient planning of the same.

According to the second paragraph of article 17.1 of the Law 38/2003 of 17 November, this order has been the subject of the mandatory report of the State Advocate and the Delegation of the General intervention of the State Administration in the Department. Article 17 of Law 38/2003 of 17 November provides that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with their own legal personality dependent on that, the relevant ministers will establish the appropriate regulatory basis for the grant of the grants.

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

CHAPTER I

General provisions

Article 1. Object.

The purpose of this order is to establish the regulatory bases for the granting of aid for projects in the field of information and communications technologies (ICT) and the information society in the Framework for Strategic Action in the Digital Economy and Society, under the 2013-2016 State Plan for Scientific and Technical Research and Innovation.

Article 2. Temporary scope.

The provisions of this order will be applicable to the aid that is called up to the date on which the State Plan for Scientific and Technical Research and Innovation 2013-2016 ends.

Article 3. Geographical scope.

Aid activities may be carried out in all or part of the national territory.

Article 4. Thematic scope.

1. The thematic area of this order is limited to the instrumental lines included in the Strategic Action in the Digital Economy and Society, hereinafter AESSD, within the State Plan for Scientific and Technical Research and Innovation. 2013-2016.

2. The thematic priorities are as follows:

a) Industries of the future:

i. Internet of the future.

ii. Cloud computing.

iii. Massive data processing.

iv. Applications for the mobile ecosystem.

v. Smart cities.

b) Cybersecurity and digital trust.

c) ICT applications and solutions aimed at improving the competitiveness of SMEs.

d) Evolution of electronic administration.

e) Health and social welfare applications.

f) Environmental management applications.

g) Applications and solutions related to digital content.

Article 5. Beneficiaries.

According to the definition of Article 11 of Law 38/2003 of 17 November, General of Grants, the following entities that are defined in Annex I may have the status of a beneficiary:

1. Companies.

2. Research bodies.

3. Clusters or business associations.

Article 6. Types of projects covered by the aid.

According to the AESSD, under the 2013-2016 State Plan for Scientific and Technical Research and Innovation, the following types of projects, as defined in Annex II, may be supported:

1. Industrial research projects.

2. Experimental development projects.

Article 7. Requirements and obligations of beneficiaries.

Beneficiaries must meet the requirements and meet the following obligations:

1. Not to be present in any of the circumstances prohibiting the obtaining of the status of a beneficiary, as set out in Article 13 of Law 38/2003 of 17 November, General of Grants, modified by the final disposition of the Law 39/2010 of 22 December 2010 on the General Budget of the State for the year 2011, which states that such prohibitions shall also affect those undertakings which, by reason of the persons who govern them or other circumstances, may assume that they are continued or that they derive, by transformation, fusion or succession, from other companies in which they have attended.

2. Those laid down in Article 14 of Law 38/2003 of 17 November, General of Grants, as well as those contained in these bases, which are determined in each call, those appearing in the decision granting the aid and in the specific instructions which, in application and compliance with these bases and each call, communicate the Ministry of Industry, Energy and Tourism in the field of implementation, monitoring, payment of aid, information and publicity, justification and control of expenditure.

3. Not to be subject to a pending recovery order following a previous decision of the European Commission that has declared aid to the illegal beneficiary and is incompatible with the common market, nor is in a crisis as provided for in Article 1, paragraphs 6 and 7 of Commission Regulation (EC) No 800/2008 of 6 August 2008. The conditions to be met for an SME to be considered a business in crisis are set out in Annex III.

4. Beneficiaries shall maintain an accounting system that permits the differentiated registration of all transactions related to the project by using a specific accounting code dedicated to that purpose.

5. To inform the instructor, if appropriate, of other aid, grants, revenue or resources for the implementation of the activities financed, as soon as they are aware of it and, in any event, prior to the justification of the application given to the funds received.

Article 8. Modalities of participation.

1. Projects may be carried out in individual or cooperation mode:

a) A project is individual when it is performed by a single entity.

(b) A project is carried out in cooperation where more than one entity is involved in its development as beneficiaries, which may or may not belong to the same type of subject, whose relations are formalised document by means of a contract, agreement or agreement establishing the rights and obligations of the various participating subjects.

2. The entities participating in cooperation projects shall form a grouping without legal personality, governed by the contract, agreement or agreement which the regulation, pursuant to the second paragraph of Article 11 (3) of Law 38/2003, November, General of Grants. One of the entities will act as project coordinator. Its representative shall submit the request for the aid and shall channel the relationship of the participants with the Administration to the grant stage and the justification for the implementation of the project. The other entities shall act as participants in the project. All entities that are part of the pool and which obtain aid shall have the status of beneficiaries and must fulfil their obligations as such.

3. It is the mission of the coordinating entity to promote the project in all its phases. It is the commitment of all participants to meet the project objectives.

4. The grant and payment of the aid shall be made to each of the participating entities, in proportion to the part of the expenditure to be incurred by the project.

5. The entities participating in the projects in cooperation shall be jointly and severally liable for the repayment obligation of the beneficiary in relation to the subsidised activities which they would have committed to carry out.

6. In cooperation projects, the number of participants, including the coordinating entity, may not exceed five, except for projects supporting their membership of an international R & D cooperation programme, in which case they may be maintain the same national participants as they would have been present.

Article 9. Subcontracting.

1. As indicated in Article 29 of Law 38/2003 of 17 November, General Grants, it is understood that a beneficiary subcontracts when he or she is aware of the total or partial execution of the activity which constitutes the object of the subsidy. It is outside this concept that the costs incurred by the beneficiary for the self-realization of the financed activity are to be contracted. All references made in this order to the limits and amounts of subcontracting shall be applicable to each of the beneficiaries individually.

2. Beneficiaries may subcontract part of the project implementation. This subcontracting may not exceed 50 percent of the cost of the part of the project that each one has to carry out, with the exception of non-profit entities, for which the limit is set at 95 percent.

3. A beneficiary of aid in a project may not be included at the same time as subcontracted by another participant in the same project.

4. Where the amount of the aid, understood to be the sum of the grant and the equivalent grant of the loan, is greater than EUR 60 000 and the subcontracting exceeds 20% of the amount of the aid, a contract shall be concluded for written between the parties and their conclusion must be authorised in advance by the granting authority. In the absence of express authorisation, it shall be understood as authorised in the act of granting the aid.

5. Where the beneficiaries are subject to the procurement scheme provided for in the recast of the Law on Public Sector Contracts, approved by Royal Decree-Law 3/2011 of 14 November, and provide for the time-limits for the procedure for the The award of the contract will not allow its submission before the decision granting the aid will be made clear to the granting body. In such cases, the authorization of the contract shall be deemed conditional upon the award of the contract in accordance with the provisions of that law. The contract and the statement of reasons for its award shall be submitted at the time of the aid's justification.

6. For beneficiaries not subject to the procurement scheme provided for in the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November or when subcontracting is not to be initiated in the year of granting of the aid and at the time of acceptance of the aid the beneficiaries have not selected the contractor, the grant decision shall condition the authorization of the subcontracting which exceeds the figures set out in the paragraph 4 prior to the contract to sign the provisions of Article 29 of Law 38/2003, of 17 November, General of Grants and Article 68 of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July. To this end, the beneficiary shall submit a responsible declaration at the time of acceptance of the proposed aid. The contract and the required tenders shall be submitted at the time of the aid's justification.

7. With the exception of the derogation provided for in Article 10.2, subcontracting may not be carried out with persons or entities in which some of the circumstances set out in Article 29.7 of Law 38/2003 of 17 November, General Grants. In any case, contracts shall be mentioned if there is a link between the parties.

Article 10. Participation of related companies.

1. The companies involved are the companies between which there are some of the relationships detailed in Article 3.3 of Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation).

2. Where a project involves undertakings or entities linked to each other, they must do so in the form of cooperation as members of the group. The subcontracting of undertakings linked to a beneficiary institution may only be authorised, in accordance with Article 29.7 of the General Law on Subsidies, where the following circumstances are met:

(a) That the procurement be performed in accordance with normal market conditions.

b) that the entity to be hired cannot participate in the grouping because it does not belong to the typology of beneficiaries that are admitted for that project, according to what is established in the respective calls; because the grouping, excluding the entity to be hired, has already reached the maximum number of participants or because the center that is going to do the work does not reside in Spanish territory.

Article 11. Financing of projects. Modalities of aid.

1. Aid for the financing of projects under this order may be granted in the form of:

a) Grants.

b) Loans.

c) A combination of both.

2. In those cases where the funding is made through a combination of grant and loan, the ratio between the two will be established in the call and will be determined by the characteristics of the project, the nature of the project. beneficiary and the available budgetary resources.

3. The maximum gross aid intensity shall be as set out in Annex IV, in accordance with that laid down in Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption regulation).

4. The characteristics of the aid in the form of loans will be as follows:

a) Maximum loan amount: In general, up to 100 percent of the financial cost of the projects, unless a different amount is indicated in the call.

b) Maximum five-year repayment term including a two-year gap, modulable in the call.

c) The interest rate will be determined on the call.

5. Grants and loans from which projects can benefit will be financed from the budget applications to be determined in the corresponding calls and selection procedures.

6. The projects to which aid will be granted in the regions of Convergence, Convergence Transitional (Phasing-Out) and Transnational Competitiveness and Employment (Phasing-In) regions, may be co-financed by the European Investment Fund. Regional Development. Those projects shall therefore be subject to the provisions of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions for the European Regional Development Fund, the Social Fund and the European Social Fund. European and the Cohesion Fund.

7. In the event that the aid granted under this order is co-financed with Community funds, the beneficiaries shall be notified of the obligation to comply with the rules on those funds in the granting resolution.

Article 12. Compatibility of the aid.

Projects with aid granted under this order will not be eligible for other public aid on the same eligible costs from any national public authorities or public authorities of the Member State concerned. European Union or other international bodies.

Article 13. Incentive effect of the aid.

The aid must have an incentive effect. Annex V sets out the conditions to be met by an incentive to have an incentive effect, in accordance with Article 8 of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring that the aid is to be certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation).

Article 14. Concepts that can help.

1. The aid shall be used to finance investments and expenditure incurred in the period of implementation of the project.

2. Pursuant to Article 31.5 of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation), the following costs may be supported:

a) Staff expenses.

b) Costs of instrumental and inventoried material, to the extent and during the period in which it is used for the project.

c) Contract research costs, technical knowledge and patents acquired or obtained by license from external sources at market prices.

d) Additional general expenses directly derived from the project.

e) Other operating expenses, including costs of material, supplies, and similar products that are directly derived from the project activity.

3. The instructions on the costs and investments to be charged to the different concepts eligible for aid shall be set out in the calls.

4. In the case of entities that are financed at marginal costs, subcontracting is not considered to be bankable.

5. In no case shall indirect taxes be considered as eligible costs where they are eligible for recovery or compensation or personal income taxes.

CHAPTER II

Aid management procedure

Section 1. General Procedure Aspects

Article 15. Competent bodies to convene, instruct and resolve the procedure and rank of the call.

1. The body responsible for convening the aid referred to in Article 1 of this order is the Secretary of State for Telecommunications and the Information Society.

2. The body responsible for instructing the proceedings is the General Subdirectorate for the Promotion of the Information Society.

3. The body responsible for resolving the matter is the Secretary of State for Telecommunications and the Information Society, without prejudice to the existing delegations on the matter.

4. The instructor body shall be the body responsible for monitoring aid.

Article 16. Calls for assistance.

1. The concession procedure shall be that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination and shall be initiated on its own initiative by the competent body to convene the aid.

2. The calls shall detail at least the minimum content provided for in Article 23 of Law 38/2003 of 17 November, General Grant.

3. The calls shall provide for the procedure for the assessment of applications to be carried out in one or two phases.

a) In the procedure at one stage the evaluation will be carried out at one time. Applicants shall provide the request with the information necessary to assess the project in accordance with all the assessment criteria.

b) In the two-step procedure, applicants will first submit the necessary documentation to evaluate the applications according to the criterion of Adequation to the thematic priorities of the AESSD and the types of projects susceptible to help and the technological innovationcriterion. Applications which do not exceed the technological innovation threshold or do not meet the criterion of suitability for thematic priorities will be eliminated. In the second phase, applicants whose applications have passed the first stage will present the rest of the documentation and will be evaluated according to the other criteria.

Article 17. Electronic processing.

1. According to the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services and Royal Decree 1671/2009, of November 6, for which the aforementioned law is partially developed, the Electronic processing shall be compulsory at all stages of each procedure, including, where appropriate, the refund procedure. Also, electronic processing shall also be mandatory for the submission of requests for modification of the grant resolution as well as for the notification of the outcome of the grant resolution.

2. For the characteristics of the applicants for which the aid is intended for this strategic action, as they are concerned with a high degree of implementation and use of the information and communication technologies and the projects of In accordance with Law 11/2007 of 22 June, and with Royal Decree 1671/2009 of 6 November 2009, the applications, communications and other documents required for the projects to be carried out by the This aid shall be submitted in the electronic register of the Ministry of Industry, Energy and Tourism.

3. The applicant may, with the same certificate with which he submitted the application, access the electronic register of the Ministry of Industry, Energy and Tourism, where the documents submitted and the state of processing of the application may be consulted. file. The submission of the application with electronic signature shall also entail the applicant's compliance to receive all communications and notifications which are made during the processing of the electronic file through the electronic signature. In accordance with the provisions of Law 11/2007 of 22 June 2009, and with Royal Decree 1671/2009 of 6 November 2009, electronic registration. In this same register, the persons concerned, after being electronically identified, may consult the acts of the procedure notified to them and make the presentation of the additional documentation that may be required by the acting body. In addition to the publication of communications and notifications through the electronic register of the Ministry, a supplementary system of alerts will be made available to the person concerned by means of electronic mail or, failing that, fax.

4. The publication of the provisional and final decisions, as well as the decisions to grant them and their possible subsequent amendments and the other acts of the procedure, in the aid portal lodged at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es) shall have all the effects of the notification as provided for in Article 59.6 (b) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure, in relation to the procedures of competitive concurrency.

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

6. The forms and other electronic documents to be completed at the different stages of the procedure shall be available in the said aid portal and must be used where appropriate.

7. In those stages of the procedure where, in the interests of administrative simplification, the presentation of responsible statements is permitted instead of certain documentation, such statements shall be submitted in electronic form. electronically signed by the declarant.

8. The applicants shall not be required to submit the documents already held by the competent authority for the instruction of the procedure, in accordance with the provisions of Article 35.f) of Law No 30/1992 of 26 November 1992. Legal of the Public Administrations and of the Common Administrative Procedure, the number of the file which was communicated to it on that occasion should be indicated in the application questionnaire, provided that no more than five have elapsed years from the end of the procedure to which they correspond. In the case of material impossibility of obtaining the document, the competent body may require the applicant to submit, or, failing that, the accreditation by other means of the requirements referred to in the document.

9. In accordance with Article 48.1 of the Royal Decree 1671/2009 of 6 November 2009, interested parties may submit to the file, at any stage of the procedure, digitised copies of the documents, the fidelity of which they shall ensure by the use of advanced electronic signature. The Public Administration may request the corresponding file of the content of the copies provided. In view of the impossibility of this collation and exceptionally, it may require the particular display of the original document or information.

Article 18. Representation.

1. Natural persons who carry out the signature or electronic submission of documents on behalf of the applicant entities or beneficiaries of the aid shall have the necessary representation for each project, in the words Article 32 of that Law No 30/1992 of 26 November 1992. Failure to comply with this obligation, not to be remedied, shall result in the person concerned being given a withdrawal from his application.

2. From this obligation to prove that it has sufficient representation, the entities registered in the Registry of Entities applying for aid from the Ministry of Industry, Energy and Tourism, enabled in the Portal of aid lodged in the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), provided that the signatory of the application is accredited in that register as the representative of the entity. Persons in whom the circumstances provided for in Article 17.8 of this order are present shall also be exempt from accrediting representation.

3. The instructor may at any time require the persons who have signed the representation to be accredited. The lack of sufficient representation of the entity on whose behalf the documentation has been submitted shall determine that the document in question is not submitted, with the effect that it may result from the continuation of the procedure.

4. In the case of a non-profit entity and the signatory is the holder of the body representing the entity recognised in its statutes, the representation may be credited by providing an electronic copy of these statutes and a a responsible statement electronically signed by the secretary of the entity in which the latter identifies the representative of the body of representation. Where the appointment is public, an electronic copy of the publication of the appointment may be provided in the official journal, rather than the responsible statement cited.

5. In the event that the applicant is an individual entrepreneur, the accreditation of the proxy may be carried out through the contribution of the Census Declaration of high in the Census of Employers, Professionals and Reholders (Model 036).

Article 19. Requests.

1. The time limit for submission and the documentation to accompany applications shall be determined on each call.

2. The entities registered in the Registry of Entities requesting assistance from the Ministry of Industry, Energy and Tourism enabled in the aforementioned aid portal, will be exempt from completing and providing the identification documentation for each request that is submitted, as well as its economic activity and resource data that is required in the application forms.

3. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the authorization the applicant so that the granting body directly obtains the accreditation of the performance of the tax obligations and the Social Security, or any other documentation that is held by the Administration, through electronic certificates. However, the applicant may expressly refuse consent, and shall then provide such certification when required by the instructor.

Article 20. Instruction.

The authority responsible for the training shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made, Article 24 of Law 38/2003 of 17 November, General of Grants.

Article 21. Assessment bodies.

1. Applications shall be the subject of an assessment procedure which is entrusted to the evaluation committee.

2. The composition of the evaluation committee shall be as follows:

a) President: The Deputy Director-General for the Promotion of the Information Society.

b) Vice-Presidents: The Deputy Directors-General for the Promotion of the Information Society.

c) Vocals:

1. A person appointed on behalf of each of the following governing bodies of the Ministry of Industry, Energy and Tourism and public bodies or undertakings:

i. Cabinet of the Minister of Industry, Energy and Tourism.

ii. Cabinet of the Secretary of State for Telecommunications and the Information Society.

iii. Technical Cabinet of the Secretariat.

iv. Spanish Patent and Trademark Office (OEPM).

v. National Institute of Communication Technologies (INTECO).

vi. School of Industrial Organization (EOI).

vii. Company Nacional de Innovación, S.A. (ENISA).

2. Two officials from Group A and level 28 or above from the General Information Society Development Subdirectorate.

d) Secretary: An official of the Secretariat of State of Telecommunications and the Information Society.

3. For the oral exposure referred to in Article 25, at least three representatives of the evaluation committee may be set up.

4. The evaluation committee and its courts shall operate in accordance with Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 22. Evaluation criteria.

1. The following table lists the evaluation criteria, their maximum score and the threshold that needs to be exceeded in order to be eligible for assistance. The total assessment score will be normalized in the range 0 to 10 points. In no case can aid be granted to projects whose score does not meet the thresholds.

Criterion	Maximum Score	Score
a) Adequation to the thematic priorities of the AESSD and the types of projects eligible for assistance.	Exclude criteria
b) Technological innovation.	20	8
	c) Incentive effect of the help.	) Financial Solvency.
	8
) Quality of the entity/consortium and the work team.	15
	f) Detailed Work Plan.	10
g) Budget Adequation.	10
h) Socio-economic impact.	15	6
	i) International Projection.	10

2. The application of these criteria will take into account:

a) Technological innovation: Problem to be solved, the deficiency of the current solutions, the technological assessment of the proposed solution versus other possible ones and the opportunity in the market.

(b) Financial Solvency: Financial capacity of the institution to meet the obligations incurred and the presence of domestic or foreign investors by means of equity loans or direct investments.

c) Quality of the entity/consortium and of the work team: Prior experience of the participating entities in the scope of the project in order to determine that they have the necessary training for the implementation successful of the activities.

In case of consortia, significant participation of their members, the adequacy of the different entities for the execution of the assigned tasks, the synergies and the complementarity between them.

Adequacy of the work team to the implementation of the project: Technical training to achieve the objectives identified in the proposal presented.

Skills, knowledge and experience suitable for the execution of the functions to be developed, as well as the composition of the teams with the necessary profiles and with the appropriate levels of dedication.

d) Detailed work plan: Level of excellence of the work plan for the achievement of the objectives of the proposal and the monitoring of its progress.

e) Budget Adequation: Human and material resources for the implementation of the proposal's tasks in terms of dedication and cost.

f) Socio-economic impact: Rentability and expected results at the level of employment, territory and gross value added.

Justification for sustainability over time.

g) International Projection: Internationalization and access to other markets as a result of project implementation.

3. The call shall specify the values of the indicators and ratios to be used to determine that the threshold is reached.

4. In the case of applications with equality of punctuation, it will be taken into account, for the purpose of resolving the tie, the score obtained criterion by criterion, following the order in which they appear in the table of this article, starting with the first until the tiebreaker occurs. If the criteria have been exhausted and the tie is maintained, the application that has been submitted will take precedence.

5. The final evaluation report and the proposal for the estimation or dismissal of the requests for funding of projects carried out by the evaluation committee shall be submitted to the instructor.

Section 2. Stage Evaluation Procedure

Article 23. Admission of applications.

1. Applications submitted shall be reviewed to verify that they meet the requirements for their admission to the assessment stage. In the event of non-compliance with any of these requirements, the outcome of the review shall be communicated to the persons concerned, who shall have a period of 10 days to plead or provide the documents they deem appropriate. If the allegations are reviewed, projects that do not exceed this phase will be excluded from the evaluation process.

2. The list of excluded projects and the reason for exclusion will be published in the aid portal located at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es).

Article 24. Evaluation phase.

1. The criteria identified as "exclusion criteria" will be the first to be evaluated. Failure to comply with any of them will result in non-evaluation of the rest of the criteria and a total score of zero points.

2. The evaluation will be carried out exclusively on the information provided in the questionnaire and the project's memory. Voluntary improvements to the application will not be supported.

Section 3. Two Phase Evaluation Procedure

Article 25. First phase.

1. Applicants shall submit a basic questionnaire to be defined for each call. This questionnaire will contain a summary of the project.

2. At this stage it will be checked that:

a) Applicants meet the requirements set out in Article 13.1 and 2 of the General Grant Act to be beneficiaries.

b) The project is in line with the criteria set out in Article 16.3.2.

3. Applications which do not exceed the technological innovation threshold or do not meet the other requirements referred to in the previous paragraph shall be eliminated from the selection process, with a total score being awarded to the zero-point project.

4. The calls may provide an oral shift for the project's exposure. In that time, the person acting as the project manager will defend his proposal for 10 minutes before the court provided for in Article 21.3. The exhibition will focus on the "Technological Innovation" of the performance.

5. The outcome of the assessment of the courts shall be notified as provided for in Article 17. Only proposals that have passed this first phase may be accessed through the second evaluation phase.

6. Applicants whose projects have not exceeded the technological innovation threshold may request the review of the assessment. The review shall be carried out exclusively on the information contained in the documentation submitted with the application.

7. Entities whose projects have passed the first stage of assessment shall submit the necessary documentation for the assessment of the remaining criteria and to complete the application file. The documentation to be submitted and the deadline shall be specified in each call.

Article 26. Second phase.

1. In the second phase, the projects will be examined in accordance with the rest of the evaluation criteria and the fulfilment of the conditions and requirements that have not been the subject of analysis in the first phase.

2. The evaluation shall be carried out exclusively on the documentation submitted.

Section 4. Grant Phase

Article 27. Provisional proposal, period of allegations and final proposal.

1. The instructor, in the light of the report of the evaluation committee, shall make the proposal for a provisional resolution of the aid, duly substantiated, in the aid portal lodged at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es). The publication shall take all the effects of the notification as provided for in Article 59.6.b) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, in relationship to competitive competition procedures. From this portal, those interested in electronically identifying themselves will be able to consult the proposals for interim and final resolution and the granting resolutions themselves.

2. The motion for a provisional resolution shall express:

(a) The applicant or the relationship of applicants for which the granting of aid is proposed.

b) The amount of aid to be granted.

(c) In the case of the granting of loans, their conditions, within the limits set out in Article 11.

d) The result of the evaluation done.

e) The guarantees to be submitted for the advance payment of the aid.

3. The instructor may at any time require the documentation necessary for the granting of the aid to be deemed appropriate, in particular:

a) Statement responsible for each of the beneficiaries to meet the requirements and conditions listed in Article 7 of this order.

b) Accreditation of tax obligations and in the case of the General Treasury of Social Security (TGSS), in the event that the audit carried out by the instructor was unsatisfactory. This accreditation shall be carried out by the person concerned by the relevant supporting document-certificate or responsible statement where appropriate. The certificates, where appropriate, must be issued by the Agency. State of Tax Administration, the Hacienda Foral where appropriate, or the TGSS. The accreditation of compliance with tax obligations and with social security may be carried out by means of a responsible declaration in the cases provided for in Article 24.6 of the Regulation of Law 38/2003 of 17 November Grants, approved by Royal Decree 887/2006, dated 21 July.

(c) Other documents to be established in the calls or the motion for a resolution.

4. Applicants and participants who are in agreement with the proposal must accept it within 10 days and forward at the same time the documentation required of them in the notification of the provisional proposal for the granting of aid, with the proviso of the guarantees, the time limit for which is to be laid down in the call.

5. Applicants for individual projects and the representative of the coordinating entity in cooperation projects may submit claims if they are in conformity with the provisional proposal. Once these have been studied, the proposed final resolution will be formulated, which will be notified as set out in Article 17 of this order.

6. Those who have submitted claims would not have accepted the aid in the provisional proposal, must do so within 10 days of the publication of the definitive proposal. The beneficiaries who would have accepted the aid in the provisional proposal do not have to accept the definitive proposal.

7. If the allegations have been accepted, the final draft resolution shall contain the statement of reasons for the changes to the provisional proposal, in addition to the provisions of paragraph 2.

8. In accordance with Article 24.6 of Law 38/2003 of 17 November, General of Grants, the proposals for interim and final resolution do not create any right in front of the Administration in favour of the proposed beneficiary, while not being has notified the grant decision. No aid may be granted to applicants who have not provided the complete documentation required in the proposal for a concession.

Article 28. Resolution.

1. It is up to the Secretary of State for Telecommunications and the Information Society to decide whether to grant or refuse applications, in the light of the proposal for a final resolution. In addition to containing the applicant or the relationship of applicants to whom the aid is granted, it shall state, where appropriate, expressly, the dismissal or the non-granting by withdrawal, resignation or otherwise recognised material, from the rest of the requests.

2. The decision shall be duly substantiated, including the references to this order and the call to which the resolution applies, as well as to the reports of the instructor and the body responsible for the assessment of the applications. In the case of an unsuccessful application, the reason for dismissal shall be indicated, in particular, if any of the thresholds have not been met.

3. The decision to grant the aid shall include

following:

a) Identity of the beneficiary or beneficiaries of the aid granted.

b) Project supported, as well as their characteristics and motivation.

c) Amount of the help granted.

(d) Technical and economic conditions to be met by the project subject to the aid granted.

(e) In the case of the granting of loans, the characteristics of the aid granted within those set out in Article 11, as well as the timetable for reimbursements to be fulfilled.

(f) The technical and economic documentation and reports justifying the implementation of the project concerned, as well as the time-limits for the implementation of the project which is the subject of the aid granted. In cases where the decision to grant the aid explicitly requires it, the beneficiary shall submit a report by an auditor or audit firm entered in the Official Register of Auditors.

g) Obligation by the recipient of the aid to express in their references to the project, which the same has been supported by the Ministry of Industry, Energy and Tourism.

(h) How many extremes are needed by the characteristics of the project under the aid, including the obligation to respond to periodic questionnaires, carried out by the body that instructs, in relation to developments in the project execution.

(i) That the aid granted is of a nature of aid for research and development in accordance with Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation).

In the case of estimated applications, compliance with the requirements set out in this order and in the call shall also be identified.

4. Applications shall be resolved and notified within the maximum period of six months following the publication of the relevant call. After that period has elapsed without any express resolution, the interested parties shall be entitled to understand their requests, in accordance with the provisions of Article 25.5 of the General Grant Law.

5. The decision of the procedure shall be notified to the parties concerned in accordance with Article 17 and shall terminate the administrative procedure. In cooperation projects, the resolution shall be notified to the representative and to each of the participants.

Article 29. Amendment of the decision to grant aid.

1. The projects shall be implemented in the time and form to be determined in the granting decisions. However, where specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, the modification of the granting decision may be requested. Any changes to the project will require simultaneously:

(a) that the change does not affect the objectives pursued with the aid, including regional aid, to its fundamental aspects, to the determination of the beneficiary, or to damage third-party rights.

However, if it is possible to apply for merger, absorption and division of companies and those arising out of the fact that one of the beneficiaries of a cooperation project leaves it, including the extension of the period of execution for a maximum period of six months.

b) That the modifications are due to overcome causes that could not be foreseen at the time of the request.

c) That the change is requested at least one month before the end of the project execution period and is expressly accepted.

2. No amendments may be authorised to:

(a) Extensions of the time limit for the implementation of the projects, except where the competent body and those provided for in the second subparagraph of paragraph 1 (a) above apply.

b) The redistribution of aid among the participants in the projects in cooperation. The abandonment or waiver of one of the beneficiaries of a project in cooperation shall entail the reimbursement of the aid granted to it.

(c) Increase in excess of 20% in the concepts eligible for aid related to Article 14.

3. The provisions of paragraphs 1 and 2 above shall not apply to international projects. The amendments to be agreed by the managing body of the international programme shall be accepted.

4. The request for amendment, which shall be made in accordance with the provisions of Article 17 of this order, shall be accompanied by a memory setting out the reasons for the changes and justifying the failure to comply with the conditions laid down in this Article. imposed on the decision to grant and comply with the requirements set out in paragraph 1 of this Article.

5. In duly justified cases, the instructor may, within the project and for the same beneficiary, admit increases of up to 20% in the concepts eligible for aid referred to in Article 14 and which appear in the (a) a decision on the granting of compensation, compensable with reductions from others, provided that the total amount of the aid is not altered and that it is established that the objectives envisaged in the project are achieved or improved, without the need to amend the resolution grant.

Article 30. Resources.

1. The decision of the procedure for granting aid, which ends the administrative procedure, may be appealed for in replacement within one month and before the same body which has issued it, in accordance with the provisions of the Articles 116 and 117 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Without prejudice to the foregoing, in respect of the decision of the procedure for granting the aid referred to above, within two months of the date of notification of that decision, an appeal may be brought before the Chamber of National Audience-Administrative Dispute.

2. The interposition of replenishment resources may be made to the electronic register of the Ministry of Industry, Energy and Tourism in the terms expressed in this standard and in accordance with the provisions of the regulatory order of the said registry.

Article 31. Payment.

1. The payment of the aid granted shall be carried out in two stages. The first payment shall be paid after the granting decision, before the justification for the implementation of the first annuity of the project. The remainder shall be paid the following year after the receipt of the supporting account for the first year and after the report of the body responsible for monitoring the aid. The calls shall determine the percentage of the grant and/or loan to be paid at each stage.

2. Payment of the aid shall be subject to the submission of guarantees in accordance with Article 32 and to the existence of a record on the part of the authority that the beneficiary complies with the requirements laid down in this order, As mentioned in article 34 of Law 38/2003, of 17 November, General of Grants, among them the one to be aware in the fulfillment of their tax obligations and in front of the Social Security. In the event that the situation of the beneficiary is not recorded in respect of such obligations, it shall be required to provide the appropriate certificates within the maximum period of 10 days from the day following the notification of the requirement. The non-contribution or non-contribution shall entail the loss of the right to the recovery of the aid.

Article 32. Guarantees.

1. For the payment of aid, both grants and loans will be required to provide guarantees. Guarantees shall be provided for each of the payments provided for in Article 31.1. The calls shall set out their amount as a percentage of the payments to be made.

2. The guarantees shall be filed with the General Deposit Box in any of the modalities provided for in the Regulations provided for in this Box and with the requirements laid down for them.

3. In the case of loans, and once the actual justification for the implementation of the project has been certified, it may be authorised by the instructor that a credit institution is to assume, irrevocably and with due guarantees, the repayment according to the repayment schedule set out in the concession decision after the verification of the justification submitted. This is without prejudice to the responsibilities that may be required of the beneficiaries.

Article 33. Justification of the aid.

1. The justification for the aid will be made in accordance with the provisions of Chapter IV, Article 30 and successive, of Law 38/2003 of 17 November, General of Subsidies, and Chapter II of Title II of the Regulation of that Law adopted by Royal Decree 887/2006 of 21 July, in accordance with the provisions on technical monitoring to establish the calls and, where appropriate, as laid down in the applicable rules of Community funds of the European Union, in the event of the projects are co-financed by those funds.

2. The supporting documentation for the implementation of the project shall be submitted by means of the means referred to in Article 17 by:

a) The representative of the beneficiary entity in the case of projects performed in the individual mode.

(b) In the case of projects carried out in "cooperative" mode, each participant shall provide the economic supporting documentation of their participation in the project. The consortium representative shall also provide the technical documentation supporting the implementation of the project.

3. The justification shall be made in the form of a supporting account, either with the contribution of supporting documents, with the contribution of an auditor's report or in the form of a simplified supporting account. Using one or other mode will be governed by the following rules:

(a) The presentation of the simplified supporting account will only be possible if the sum of the grant and the equivalent grant of the loan granted is less than EUR 60 000 and the project is not co-financed with Community funds.

(b) In other cases, beneficiaries may choose to present the supporting account with the contribution of supporting documents or with the contribution of an auditor's report. In the supporting account with an auditor's report, the contribution of the expenditure and payment supporting documents shall be replaced by a report of an auditor of accounts registered as an exercise in the Official Register of Auditors, in accordance with the provided for in Article 74 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

(c) Beneficiaries of projects co-financed with Community funds which are in the form of supporting accounts with the contribution of an auditor's report shall also provide supporting evidence of expenditure and payment.

4. The auditor's report referred to in the previous paragraph shall be in accordance with the provisions of Order EHA/1434/2007 of 17 May, approving the rule of action of auditors in the conduct of the review work of the supporting accounts for grants. The calls will detail the content of this report, the purpose of which is to check the adequacy of invoices or documents of equivalent probative value in commercial legal traffic or with administrative efficiency and documentation. proof of payment to the granting decision and to the instructions for the justification of the aid. The auditor's report shall be submitted in electronic form, preferably electronically signed by the auditor using the means and tools to be used by the auditor.

5. The supporting account shall include the relevant evidence concerning the fulfilment of the publicity obligations referred to in Article 35.

6. Applications for technical and economic verification (SVTE) and supporting documentation annexed shall be submitted on the dates and time limits to be laid down in the calls, or in the absence of any decision to grant aid.

7. As a general rule, the presentation of the above documentation shall be carried out from 1 January until 31 March of the immediate year following that of the performance of the activity, and shall be submitted to the body responsible for the procedure. In the case of multi-annual implementation projects, the documentation shall be submitted from 1 January until 31 March of the immediate year following that of the annuity to be justified.

8. In the case of multi-annual implementation projects, the call may provide that the distribution between the various annuities of the investments and expenditure approved in the grant resolution shall be of an estimated nature. In any event, the investments and expenditure or commitments of expenditure envisaged must always be carried out within the specified period of completion of the project plus, where appropriate, the extension granted.

9. Payments of investments and financing expenses must be made within the time limits provided for in Law 15/2010 of 5 July, amending Law 3/2004 of 29 December, establishing measures to combat late payment in the business operations.

10. The amounts of aid associated with each of the financial concepts contained in the concession resolution represent the maximum aid limits, with the exception of the provisions of Article 29.5.

Article 34. Checking the help

1. Subsequent to the submission of the documentation referred to in the previous Article, the corresponding aid verification shall be carried out in accordance with the General Plan for the Verification of Grants from the convening body.

The verification of the aid may include, where appropriate, a requirement for the subject to be submitted to the person concerned.

This verification may be carried out by means of sampling techniques that allow reasonable evidence to be obtained on the appropriate justification of the aid and/or verification of the performance of the activity determining the grant, using criteria for selection of the sample to take into account, inter alia, aspects such as concentration of aid, risk factors and territorial distribution. The selection of the sample shall be carried out in accordance with the provisions of Commission Regulation (EC) No 1828/2006 of 8 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1083/2006 laying down detailed rules for the lay down general provisions concerning 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 on the European Development Fund Regional.

2. The body responsible for monitoring the aid granted, after the aid has been checked, shall issue a certification certificate for the project.

3. In the case of projects with multiannual implementation, the body responsible for monitoring the aid granted shall review the supporting documentation submitted for each annuity of the project, by issuing a monitoring report for that period. This document shall be of a purely informative nature for the beneficiary. In the last annuity, the accreditative certification will be issued, which will collect the entire project.

4. If the certification has shown that the financial investment has been less than the approved or that the purposes and/or the conditions for granting the aid have been completely or partially breached, the interested party shall be notified of the investment. together with the results of the verification carried out under the procedure for full or partial recovery of the aid, in accordance with the provisions of Chapter II of Title II of Law 38/2003 of 17 November, General of Grants, and in Article 17.5 of this order. The reimbursement procedure shall include the processing of the hearing to the persons concerned.

5. The body responsible for monitoring the aid granted may require the beneficiary to submit a technical and economic report on the results of the proposed aid. That report shall be submitted, where appropriate, within the time limit set out in the decision to grant it.

6. The beneficiary of the aid shall be obliged to provide the checks aimed at ensuring the correct application of the aid. The beneficiary shall also be subject to the verification measures to be carried out by the Ministry of Industry, Energy and Tourism, as well as to the financial control of the General Intervention of the State Administration and the audit control of the Court of Auditors and, where appropriate, of the rules applicable to the management of aid co-financed with Community funds.

Article 35. Advertising of the aid granted.

1. The advertising of the aid granted shall be carried out in accordance with the provisions of Article 18 of Law 38/2003 of 17 November, General of Grants.

2. Where the amounts of aid granted, individually considered, are less than EUR 3 000, the publication in the 'Official Gazette of the State' shall not be required. In this case, the publication on the website of the Ministry of Industry, Energy and Tourism will ensure the publicity of the beneficiaries of the same, according to their special characteristics, amount and number.

3. In the publications, dissemination activities, websites and other results to which the project can take place, the Ministry of Industry, Energy and Tourism should be mentioned as a financial institution. If the project is co-financed by the ERDF or the ESF, the acceptance of the aid implies the acceptance of the provisions laid down in Council Regulation (EC) No 1083/2006 of 11 July 2006 and in Regulation (EC) No 1828/2006 of the European Parliament and of the Commission of 8 December 2006 on information and publicity activities to be carried out by the Member States in relation to assistance from the Structural Funds.

Article 36. Non-compliance, reintegrating and sanctions.

1. Failure to comply with the requirements laid down in this order and other applicable rules, as well as the conditions which, where appropriate, have been laid down in the relevant award decision, shall give rise to the appropriate procedure. (a) the obligation to return the aid received and the interest for late payment, in accordance with the provisions of Title II, Chapter I of Law 38/2003 of 17 November, General of Grants.

2. The provisions of Title IV of that Law 38/2003 of 17 November shall apply if the cases of administrative infringements in the field of grants and public aid are present.

3. The offences may be classified as minor, serious or very serious in accordance with Articles 56, 57 and 58 of that Law 38/2003 of 17 November. The penalty for non-compliance is set out in Article 66 of the same.

Article 37. 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:

(a) The partial non-compliance with the obligation of justification, or the completion of an investment below the financial budget approved in the grant decision, shall give rise to the partial reimbursement of the aid allocated to each beneficiary in the percentage corresponding to the investment not made or not justified.

(b) The implementation of amendments not authorised in the financial budget, with the exception provided for in Article 29.5, shall entail the repayment of the aid corresponding to the quantities diverted.

c) The non-contribution of the three tenders in the cases provided for in Article 31.3 of the General Grant Act shall mean the reduction of the aid corresponding to the expenditure in question by at least 20%, unless the beneficiary demonstrates that the procurement has been done at market prices.

2. The total non-compliance of the purposes for which the aid was granted, the objectives of the project, the realisation of the investment eligible for the financing or the obligation to justify it, shall give rise to the reimbursement of the whole of the aid granted.

3. The partial non-performance of the purposes for which the aid or the objectives of the project was granted shall be weighted by the body responsible for monitoring the aid in order to determine whether the total or partial recovery of the aid is appropriate. aid granted, in the light of the importance of the non-compliances and their weight in the whole of the objectives or objectives pursued. Full recovery shall be carried out where the non-compliance concerns technological innovation to a degree that would have prevented the threshold for that criterion being exceeded in the assessment phase.

4. In the case of multi-annual implementation projects, the failure to present the supporting documentation of an annuity or the inactivity during an annuity shall entail the reimbursement of all the aid granted.

5. After the deadline set for further justification, where appropriate, the extension granted without having been submitted, the beneficiary shall be required to be submitted within a period of 15 days. Failure to submit the justification within the time limit laid down in this paragraph shall entail the requirement for the reimbursement of the non-justified aid and other liabilities laid down in Law 38/2003 of 17 November 2001. Grants.

6. The same proportion to the grant and the loan will be applied to the reduction of the aid in the grant and loan expenditure concepts.

Additional disposition first. Applicable rules.

1. In all the non-expressly provided for in this order, Law 38/2003 of 17 November, General of Grants and its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, Law 30/1992, of 26 November, will be applicable. Legal of Public Administrations and of the Common Administrative Procedure; Law 47/2003, of 26 November, General Budget; Law 11/2007, of 22 June, of electronic access of citizens to Public Services, as well as the Royal Decree 1671/2009 of 6 November of partial development of Law 11/2007 mentioned above. The provisions of the annual laws of the State General Budget will also apply. Similarly, what is established by Royal Decree 1494/2007 of 12 November 2007 on the Regulation on basic conditions for the access of persons with disabilities to technologies, products and services will apply. related to the Information Society and social media.

2. The aid will be subject to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (Regulation (EC) No 800/2008). general block exemption).

3. In the case of projects co-financed with Community funds, the Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions for the European Fund for the European Communities of Regional Development, the European Social Fund and the Cohesion Fund; Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund; Regulation (EC) No 1081/2006 Parliament and the Council of 5 July 2006 on the European Social Fund and other legislation in the field of

Additional provision second. Compatibility with the common market within the meaning of Article 87 (3) of the Treaty.

1. The projects under this aid scheme fulfil all the conditions of Chapter I, as well as the relevant provisions of Chapter II of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring that the aid is certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation).

2. While this order shall remain in force until 31 December 2016, the necessary adaptations shall be made in order to comply with Community rules replacing Regulation (EC) No 800/2008, the period of which shall be ends on December 31, 2013.

Additional provision third. Loans and advances granted from the General Budget of the State.

The granting of loans and advances will be subject to compliance with the objective of budgetary stability established in Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability.

Single repeal provision. Regulatory repeal.

Any provisions of the same or lower range are repealed as set in this order.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1 of the Constitution, Article 149.1, which attribute to the State exclusive competence in the field of the promotion and general coordination of scientific research and technical and in the field of telecommunications, respectively.

Final disposition second. Entry into force.

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

Madrid, May 7, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX I

Description of the payee types

1. Companies: an undertaking is defined as an entity, irrespective of its legal form, which carries on an economic activity and which is validly constituted at the time of the aid. The concept of public commercial companies, public authorities and individual entrepreneurs is integrated into this concept.

"economic activity", according to the Community terminology, the supply of goods and/or services in a given market, irrespective of the legal status of the entity (constituted under the law public or private) or its economic nature (with or without profit).

2. Within the business concept, small and medium-sized enterprises are differentiated, which in turn are defined and subdivided as follows:

a) "Small and Medium Enterprises (SMEs)":

Where small and medium-sized enterprises (SMEs) are referred to in these regulatory bases, they shall be understood, in accordance with Annex I to Commission Regulation (EC) No 800/2008, to undertakings which comply with the following: requirements:

1. º That employ less than 250 people.

2. º that its annual turnover does not exceed EUR 50 million, or its annual balance sheet does not exceed EUR 43 million.

3. The calculation of the number and limits in the case of associated or related companies is carried out as provided for in Articles 3 to 6 of Annex I to Commission Regulation (EC) No 800/2008.

(b) In the SME category, a 'small business' is defined as a company that occupies less than 50 people and whose annual turnover or annual balance sheet does not exceed EUR 10 million, with the limits of Annex I to Commission Regulation (EC) No 800/2008.

(c) In the SME category, a "microenterprise" is defined as a company that occupies less than 10 people and whose annual turnover or annual balance sheet does not exceed EUR 2 million, with the limits of Annex I to Commission Regulation (EC) No 800/2008.

3. "Research Agency": Entity which, irrespective of its legal status (constituted under public or private law) or form of financing, has as its main objective to carry out fundamental research, industrial development or experimental development and to disseminate the results of the same through the teaching, publication or transfer of technology. In accordance with Commission Regulation (EC) No 800/2008, in order to enable an entity to be considered a research body, all profits shall be reinvested in those activities, the disclosure of their results or the education; they may exercise influence on such entities, for example, as shareholders or members, they shall not be given preferential access to the research capacity of the entity or to the research results it generates.

Within the research organizations the following entities are included:

(a) "Public Research Bodies of the General Administration of the State": According to the characteristics contained in Law 14/2011 of June 1, of Science, Technology and Innovation, in its article 47.

b) "Universities": The public universities, their departments and university institutes, in accordance with the provisions of the Organic Law 6/2001, of 21 December, of Universities, as amended by Organic Law 4/2007, of 12 April. Private universities with demonstrated capacity and activity in R & D projects

c) "Other public R & D centres": Public bodies with the capacity to perform R & D, not covered by Law 14/2011 of 1 June, of Science, Technology and Innovation or similar provisions of the communities autonomous. In this category, R & D centres with their own legal personality, whether dependent or linked to the State Administration, and the dependent or linked of the territorial public authorities and their bodies, are included. whatever its legal form. In this category, the technology centres whose ownership and management are mostly public administrations are surveyed.

(d) "Private non-profit R & D centres": Private non-profit entities with demonstrated capacity and activity in R & D actions, generate scientific or technological knowledge, facilitate their implementation and transfer or provide innovation support services to business entities, including the foundations of social actors engaged in R & D related activities. The lack of profit must be explicitly recognised in the statutes or rules of operation of the entity.

e) "State-wide technological centres": Legal person, legally constituted and resident in Spain, which is legally intended to contribute to the general benefit of society and to the improvement of the competitiveness of the companies through the generation of technological knowledge, carrying out R & D activities and developing their application and which is registered as a State-wide Technology Centre in the register regulated by Royal Decree 2093/2008, 19 of December, and whose ownership or organ of government is majority of companies, of the same activity scope that the center does not belong to the same business group.

f) "State-wide technology innovation support centres": Non-profit entities, legally constituted and resident in Spain, with their own legal personality and created in order to facilitate the application of knowledge generated in universities and research organisations, including technology centres, through their intermediation between them and companies, providing support services for innovation.

g) Organisations supporting technology transfer, dissemination and dissemination of technology and science and including science and technology parks, technology transfer offices, transfer offices research results, CEIs and the innovation and technology centres.

4. The following clusters or business associations:

a) Business temporary union (UTE).

b) Economic interest grouping, consisting of companies or companies with other entities (IEA).

c) Non-profit, sectoral business associations that carry out research and development activities, projects and activities for their sector. The lack of profit must be explicitly recognised in the statutes or rules of operation of the entity.

(d) "Innovative Business Groups", registered in the Special Register of Innovative Business Pools of the Ministry of Industry, Energy and Tourism, regulated by Order ITC/3808/2007, of 19 December: Groups (a) consist of independent entities (small, medium and large enterprises and research bodies), active in specific sectors and regions, whose aim is to stimulate innovative activities through the promotion of intensive mutual relations. and the practice of sharing facilities, exchanging knowledge (a) specialised and contributing effectively to the transfer of technology, networking and the dissemination of information among the companies in the pool.

ANNEX II

Project Types

1. Industrial research projects. Planned research or critical studies aimed at the acquisition of new knowledge and techniques that may be useful for the creation of new products, processes or services, or contribute to significantly improve the existing products, processes or services. It includes the creation of complex system components that are necessary for industrial research, especially the validation of generic technology, except for prototypes.

2. Experimental development projects. The acquisition, combination, configuration and use of existing knowledge and techniques, of a scientific, technological, business or other type, with a view to the elaboration of plans and structures or designs of products, processes or services new, modified or improved. It may include, for example, other activities of conceptual definition, planning and documentation of new products, processes and services. Activities may include the development of projects, designs, plans and other types of documentation as long as it is not intended for commercial use.

The development of prototypes and pilot projects that can be used for commercial purposes will also be included if the prototype is necessarily the final commercial product and it is too costly to produce it for use. only for demonstration and validation purposes. In the event of subsequent commercial use of demonstration projects or pilot projects, any revenue derived from such use shall be deducted from the eligible costs.

The experimental production and testing of products, processes and services are also bankable, as long as they cannot be used or transformed for use in industrial applications or for commercial purposes.

The experimental development does not include the usual or periodic modifications made to products, production lines, manufacturing processes, existing services and other ongoing operations, even if the modifications can represent improvements to them.

ANNEX III

Consideration of SMEs in crisis

In accordance with Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (general block exemption Regulation), an SME shall be deemed to be a firm in difficulty, if it meets the following conditions:

(a) If this is a limited liability company, which has disappeared more than half of its subscribed capital and has lost more than one quarter of its subscribed capital in the last 12 months, or

(b) If this is a company in which at least some of its partners have unlimited liability on the company's debt, more than half of its own funds have disappeared, as indicated in the books. of the same, and have lost more than a quarter of the same in the last twelve months, or

(c) For all forms of undertakings which fulfil the conditions laid down in national law for the purposes of bankruptcy or insolvency proceedings.

An SME less than three years old shall not be considered, for the purposes of Commission Regulation (EC) No 800/2008, a firm in difficulty during this period, unless it complies with the conditions set out in paragraphs (a), (b) and (c) above.

ANNEX IV

Maximum gross aid intensities in the form of grants to beneficiaries

It is understood by aid intensity, the gross amount of the aid expressed as a percentage of the eligible costs of the project. All figures used shall be understood before tax or other deductions. Where aid is granted in the form of a loan, the gross equivalent in terms of the subsidy shall be considered to be the amount of this aid. The interest rate to be used for calculating the gross equivalent in terms of the subsidy shall be the reference rate established by the Commission at the time of the granting of the aid in accordance with the provisions of the Communication of the Commission on the review of the method of setting the reference and updating rates (OJ C 14 of 19 January 2008). The aid intensity shall be calculated for each beneficiary.

According to the types of projects the maximum gross intensities are as follows:

Type of projects

Maximum gross grant intensities in the form of a grant the beneficiaries
-SME enterprises	Medias enterprises	Small businesses
research projects.	Up to 50% of the project's eligible cost.	Up to 60% of the project's eligible cost.	Up to 70% of the cost project eligible
Development Projects	Up to 25% of the project's eligible cost.	Up to 35% of the project's eligible cost.	Up to 45% of the project's eligible cost

Up to a maximum aid intensity of 80 per cent of eligible costs, a 15 percentage point bonus may be added if it is found in any of the following cases:

a) The project involves effective collaboration between at least two independent companies with each other and if the following conditions are met:

1. a company does not run on its own with more than 70 percent of the project's eligible costs in collaboration.

2. the project has the collaboration of at least one SME or is carried out in at least two Member States.

b) The project involves effective collaboration between a company and an investigative body and the following conditions are met:

1. the research body runs with a minimum of 10 percent of eligible costs.

2. the research body has the right to publish the results of the research projects, provided they are directly derived from the research carried out by the body.

(c) In the case of industrial research, if the results of the project are widely disseminated through technical and scientific conferences or are published in scientific or technical publications or free access bases (bases publicly accessible from raw research data), or through free or open source software.

For the purposes of paragraphs (a) and (b) above, subcontracting is not considered to be effective collaboration.

In any case, the maximum limits applicable to the amount of aid shall be as follows:

1. For industrial research projects, € 10,000,000 per company and per project.

2. º For all other projects, 7,500,000 euros per company and per project.

3. For EUREKA projects, double the amounts previously set.

ANNEX V

Incentive Effect

In accordance with Article 8 of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the EEC Treaty, Treaty (General block exemption Regulation), the aid covered by this order shall only apply if they have an incentive effect on the activity of the undertaking which is the subject of the aid:

(a) In the case of an SME it is considered that the aid granted has an incentive effect if, before starting work on the project or activity, the aid application has been submitted by the beneficiary.

(b) Aid granted to large undertakings shall be deemed to have an incentive effect if, in addition to the condition laid down in subparagraph (a), the documents submitted by the beneficiary are incorporated into the memory demonstrating the incentive effect of the aid on the actions for which it applies, by assessing one or more of the following criteria:

1. The substantial increase in the project or activity thanks to the help.

2. A substantial increase in the scope of the project or activity thanks to the help.

3. The substantial increase of the total amount invested by the beneficiary in the project or activity thanks to the aid.

4. The substantial increase in the pace of execution of the project or activity concerned.