Order Eit/786/2013, On May 7, That Establishing The Regulatory Bases Of The Granting Of Aid In The Field Of Information Technologies And Communications (Ict) And The Information Society, Within The Research Plan...

Original Language Title: Orden IET/786/2013, de 7 de mayo, por la que se establecen las bases reguladoras de la concesión de ayudas en el ámbito de las tecnologías de la información y las comunicaciones (TIC) y la Sociedad de la Información, dentro del Plan de Investigac...

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Of scientific and technical research and innovation 2013-2016 State Plan approved by agreement of Council of Ministers of 1 February 2013, constitutes as the funding instrument of r & d activities during the 2013-2016 period, the Spanish strategy of science and technology and innovation 2013-2020. The State Plan includes in its structure a strategic action on economy and society Digital 2013-2016, aimed as a challenge for the digital economy and society in general that r & d in ICT activities seek to respond. This strategic action articulates a set of measures that seek to promote the adoption of digital technologies and the development of the information society, enabling the transformation of the economy and society towards a digital environment moving forward gradually and through she is also implanted, with transversal character in all sectors of business activity, becoming the dominant environment of economic transactions the provision of effective and efficient public services and the definition of a new model of organization of work and of social relations.

The Digital Agenda for Spain, approved by the agreement of Council of Ministers of 15 February 2013, includes among its objectives, the development of the digital economy, management management cost reduction and the improvement of the service to the citizen, strengthening the sector Spanish ICT as a source of wealth and job creation and the promotion of r & d in the industries of the future. Also includes specific targets of great importance for Spain as the incorporation of ICT in small and medium-sized enterprises (hereinafter SME), security, or the empowerment of content and digital services industry and, in general, the adoption of all the objectives of the Digital Agenda for Europe in 2015 and give support to the 2020.

To carry out the activities defined in this new framework of action that they share the strategic action in economics and Digital society and the Digital Agenda for Spain, it is necessary to approve some basis for the set of aid which is expected, for the promotion of ICT, they promote business leadership in r & d of Spanish companies and that they serve to increase their competitiveness through the generation and incorporation of knowledge technologies and innovations for process improvement and the creation of technologically advanced products and services with greater added value.

Aid granted to projects included in the scope of this order shall comply with the provisions in Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, declare that certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation) published in the «official journal of the European Union» L 214, on August 9, 2008. These grants can be co-financed by Community funds, within some of the operational programmes of the European Fund for Regional Development (ERDF). Therefore, collects the full implementation of the management and control mechanisms included in the operational programmes and instruments applicable to such funds.

This order is structured in two chapters and five annexes: the first chapter contains the provisions of a general nature, referring to aspects such as the objectives, the scope of the program, beneficiaries, types of aid and its limits; the second regulates the procedure of management: bodies organizing by type of project, how to perform the request, process evaluation and payment, justification and verification of aid and graduation of the possible non-compliance criteria. Annexes refer to explanations or clarifications on aspects of the party operative.

In the assessment procedure establishes the possibility of evaluation in one or two phases. Referred to the possibility of making the advance payment supports fractional form and provision of guarantees.

The regulatory bases of the aid included in the scope of this order include forecasts, guarantees and controls contained in the law 38/2003 of 17 November, General grant as well as those of its rules of procedure, all requests for assistance to the general scheme of competitive and procedural rules defined for it in the said legislation being submitted.

This order is pronounced under cover 15th and 21st in article 149.1 of the Constitution, rules that attributed to state the exclusive competence in the field of promotion and coordination of scientific and technical research and in the field of telecommunications, respectively. The Ministry of industry, energy and Tourism Department of the General Administration of the State is responsible, inter alia, the proposal and implementation of the policy of the Government in the field of telecommunications, development of the information society and audiovisual media. The management of such aid, the General Administration of the State — enter an adequate level of competition, as well as a rational and effective planning of the same.

In accordance with the second subparagraph of article 17.1 of the concerned law 38/2003, of 17 November, this order has been the mandatory report from the law of the State and of the intervention delegate of the intervention General of the administration of the State Department. The cited article 17 of law 38/2003 of 17 November, establishes that at the level of the General Administration of the State, as well as government agencies and other entities of public law with its own legal personality linked or dependent on that one, the relevant Ministers will establish the appropriate regulatory bases of the granting of subsidies.

By virtue, with the prior approval of the Minister of finance and public administration, have: chapter I General provisions article 1. Object.

The establishment of the regulatory bases of the granting of aid for projects is the subject of this order in the field of technologies of information and communication (technology ICT) and the information society within the framework of the strategic action on economy and Digital society, within the State of scientific and technical research and innovation 2013-2016 Plan.

Article 2. Temporary scope.

The provisions of this order shall apply to subsidies is inviting up to the date that ends the State of scientific and technical research and innovation 2013-2016 Plan.

Article 3. Geographical scope.

The object of assistance activities may be conducted in all or part of the national territory.

Article 4. Thematic area.

1. the thematic scope of this order is circumscribed to the instrumental lines included in the strategic action in economics and Digital society, hereinafter AEESD, within the State of scientific and technical research and innovation 2013-2016 Plan.

2 thematic priorities are as follows: to) industries of the future: i. Internet of the future.

Computing in the cloud.

III. massive data treatment.

IV. applications for the mobile ecosystem.

v. smart cities.

(b) Cyber Security and digital trust.

(c) application and the improvement of the competitiveness of the SME-oriented ICT solutions.

(d) development of e-Government.

(e) applications for health and social welfare.

(f) environmental management applications.

(g) applications and solutions related to digital content.

Article 5. Beneficiaries.

In accordance with the definition of article 11 of law 38/2003 of 17 November, General grants, may have the status of beneficiary the following entities that are defined in annex I: 1. companies.

2. research organisations.

3 groupings or associations.

Article 6. Types of projects subject to subsidies.

According to the AEESD, part of the State Plan of scientific and technical research and innovation 2013-2016, may be subject to support the following types of projects, as defined in annex II: 1. industrial research projects.

2 experimental development projects.

Article 7. Requirements and obligations of the beneficiaries.

Beneficiaries must meet the requirements and comply with the following obligations: 1. not found in any of the circumstances prohibiting the obtaining of beneficiary status, contained in article 13 of law 38/2003 of 17 November, General grants, modified by the final disposition of law 39/2010 of 22 December 8th General State budgets for 2011, which establishes that such prohibitions also affect those companies that, by reason of those who govern them or other circumstances, can boast being continued or that they derive, transformation, merger or succession, other companies that had frequented those.

2 contained in article 14 of law 38/2003 of 17 November, General grants, as well as those contained in these bases, which are determined in each call, which appear in the resolution of granting of the aid and the specific instructions, application and compliance of the present bases and every call inform the Ministry of industry, energy and tourism in terms of execution, monitoring, payment of aid, information and publicity, justification and cost control.


3. not be subject to an order for recovery pending following a Decision of the European Commission which has been the beneficiary of illegal and incompatible with the common market aid, nor be in crisis in accordance with the provisions of article 1, paragraphs 6 and 7, of Regulation (EC) No. 800/2008 of the Commission of 6 August 2008. In annex III is clearly the conditions that must be met for an SME to be firm in difficulty.

4. beneficiaries shall maintain an accounting system that allows the registry of all transactions related to the project through the use of a specific accounting code dedicated for this purpose.

5 inform the organ instructor, if occurs the case, obtaining other grants, subsidies, income or resources for the implementation of the activities financed, as soon as they have knowledge of this and, in any case, prior to the justification of the application given to the collected funds.

Article 8. Modalities of participation.

1 projects may be carried out in the individual category or in the cooperation: to) a project is individual when one entity is done.

(b) a project is carried out in cooperation when in its development involved more than one entity referred to as beneficiaries, which may belong or not to the same type of subjects, whose relations are formalised documented by means of a contract, agreement or arrangement in which establish the rights and obligations of the various participants.

2. the entities participating in projects in cooperation must form an association without legal personality, to be governed by contract, agreement or arrangement governing it, on the basis of article 11.3, paragraph second, law 38/2003 of 17 November, General subsidies. One of the entities will act as project coordinator. Your representative will submit the request for assistance and channelled the relationship of participants with the administration until the phase of award and in the justification of the project. Other entities will act as participants in the project. All entities that form part of the Group and obtain assistance shall be entrusted to the status of beneficiaries and must fulfil their obligations as such.

3 is mission of the coordinating entity to promote the project in all its phases. Commitment of all participants is the fulfillment of the objectives of the project.

4. the grant and payment of the aid shall be made to each of the participating entities, in proportion to the part of the expenses that you make to the project.

5. entities participating in projects in cooperation will respond jointly and severally the obligation of reinstatement of the beneficiary in relation to the subsidized activities which had pledged to carry out.

6. in the cooperation projects the number of participants, including the coordinating entity, may not exceed five, except in projects that prove their belonging to an international program of cooperation in r & d, in which case it may keep the same national participants that there had been.

Article 9. Subcontracting.

1. as stated in article 29 of law 38/2003 of 17 November, General of subsidies, means a beneficiary to subcontract when set up with third parties the total or partial execution of the activity that is the subject of the grant. This concept is the hiring of those expenses they have to incur the beneficiary to carry out itself the funded activity. All references that are made in this order with the thresholds and amounts of the contract shall apply to each beneficiary individually.

2. the beneficiaries may subcontract part of the execution of the project. This contract shall not exceed 50 per cent of the cost of the part of the project that corresponds to each carry out, with the exception of entities without profit, for which the limit is set at 95%.

3. a beneficiary of aid in a project may not be disclosed simultaneously as subcontracted by another participant in the same project.

4 when the amount of the aid, understood as the sum of the grant and the grant equivalent of the loan, exceeding 60,000 euros and subcontracting exceeds 20 per cent of the amount of such aid, a contract shall be held between the parties and celebration must be previously authorized by the awarding body for support. In the absence of express authorization, it means authorized in the Act of granting of the aid.

5. when the beneficiaries are subject to the contracting regime envisaged in the recast of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011, 14 November and provide that the time-limits of the procedure for the award of the contract will not allow his presentation before the resolution of granting of the aid, it will reveal to the awarding authority. In these cases, with resolution of granting the authorization of the contract means conditional adjudication in accordance with the provisions in the Act. The contract and the motivation of their award will be sent at the time of the justification for the aid.

6. for beneficiaries not subject to the procurement regime envisaged in the revised text of the law of contracts in the Public Sector, approved by Royal Decree legislative 3/2011, from 14 November or when outsourcing is not going to start in the year of the granting of the aid and at the time of acceptance of the same beneficiaries have not selected the contractor the resolution of granting will condition the authorization of subcontracting exceeding the above figures is respected as provided in article 29 of law 38/2003 of 17 November, General grant and article 68 of its rules of procedure, approved by Royal Decree 887/2006 in paragraph 4 above that in the contract to sign , 21 July. For this purpose, the beneficiary shall submit a responsible Declaration at the time of acceptance of the proposed aid. The contract and mandatory offers will be sent at the time of the justification for the aid.

7. unless the exception provided for in article 10.2, outsourcing may not be with people or entities who come some of the circumstances detailed in the article 29.7 of law 38/2003 of 17 November, General subsidies. In any case, contracts shall state whether or not it exists linking parties.

Article 10. Participation of related companies.

1 are intercompany companies among which there is any relations detailed in article 3(3) of annex I to Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, by which declare certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

2. when a project they involve firms or entities linked they must do so in the mode of cooperation as members of the group. Outsourcing of companies linked to a beneficiary entity, pursuant to the provisions in article 29.7 of the General subsidies Act, when the following circumstances occur concurrently at the same time may only be authorized: to) that Contracting is carried out in accordance with normal market conditions.

(b) the entity to hire should not participate in the cluster because it does not belong to the type of beneficiaries that are supported for this project, according to what is established in the respective calls for proposals; because the group, excluding the entity to hire, has already reached the maximum number of participants or centre that will perform the work does not reside in Spanish territory.

Article 11. Financing of projects. Forms of assistance.

1 aid to funding projects subject to this order may be granted in the form of: a) grants.

(b) loans.

(c) a combination of both.

2. in those cases in which the financing is carried out through a combination of grant and loan, the proportion between the two will be established in the call for proposals and shall be determined by the characteristics of the project, the nature of the beneficiary and the budgetary availability.

3 the gross maximum intensity of aid will be the pick-up in annex IV, in accordance with that established in Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, by which declare certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

4 characteristics of AIDS in the form of a loan shall be as follows: to) maximum amount of the loan: in general, up to 100 percent of the cost of bankable of the projects, unless a different amount in the call.

(b) maximum repayment term of five years, including a period of two years lack, modular in the call.

(c) the interest rate shall be determined in the call.

5. subsidies and loans that benefit the projects be funded budget applications to be determined in the relevant calls for proposals and selection procedures.


6 projects to be granted aid whose realization occurs in regions of convergence, convergence (Phasing-Out) of SPD and SPD of competitiveness and employment (Phasing-In), may be co-financed by the European Regional Development Fund. For this reason, such projects shall be subject to the provisions in Regulation (EC) No. 1083 / 2006 of the Council, of 11 July 2006, establishing the General provisions concerning the European Fund of Regional development, European Social Fund and the Cohesion Fund.

7. in the event that aid financed by this order were co-financed with Community funds, in the resolution of award will be notified beneficiaries the obligation of compliance with the regulations on the funds.

Article 12. Compatibility of the aid.

Projects with aid granted under this order may not benefit other public aid on same costs eligible, from any public authorities or public bodies national of the European Union or other international agencies.

Article 13. Incentive effect of the aid.

Aid must have incentive effect. In annex V refers to the conditions that aid must comply to have incentive effect, pursuant to article 8 of Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, declare that certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

Article 14. Concepts that can help.

1. subsidies will be used to finance investments and expenses that occur during the execution of the project.

2 in accordance with article 31.5 from Regulation (EC) No. 800/2008 Commission on August 6, 2008, by which declare certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation), will subsidize the following costs: a) staff costs.

(b) costs of instruments and equipment inventory, to the extent and during the period in which it is used for the project.

(c) cost of contractual research, technical knowledge and patents bought or obtained by license from sources external to market prices.

(d) additional overhead costs directly arising from the project.

(e) other operating expenses, including costs of materials, supplies and similar products directly resulting from the project activity.

3. instructions on expenditures and investments due to the different concepts that can help will be established in the calls.

4. in the case of institutions that are financed to marginal costs, subcontracting is not considered bankable.

5. in no case shall be considered eligible expenses indirect taxes when susceptible of recovery or compensation or taxes personal income.

Chapter II procedure of the grants section 1 General aspects of the procedure article 15. Competent bodies to convene, instruct and resolve the procedure and range of the call.

1. the competent body to convene the aid referred to in article 1 of this order is the Secretary of State for telecommunications and the information society.

2. the competent body to instruct the procedure is the Subdirectorate General of promotion of the information society.

3. the body competent to resolve is the Secretary of State for telecommunications and the information society without prejudice to the existing delegations on the matter.

4. the organ instructor will be the body responsible for the monitoring of aid.

Article 16. Calls for aid.

1. the procedure for granting will be competitive, in accordance with the principles of publicity, transparency, equality and non-discrimination and will start ex officio by the competent authority to summon aid.

2. the calls explained at least the minimum content laid down in article 23 of the law 38/2003 of 17 November, General subsidies.

3. Requests shall be established that the procedure for evaluation of applications is conducted in one or two phases.

(a) in the procedure in a phase the evaluation will be done only once. Applicants provide with the application the information needed to evaluate the project according to all criteria of evaluation.

(b) in the two-stage procedure applicants will first present documentation necessary to assess applications according to the criteria of adequacy to the thematic priorities of the AEESD and the types of projects that can help and the criterion of technological innovation. Requests that do not exceed the threshold of technological innovation or do not meet the criterion of adequacy to the thematic priorities will be deleted. In the second phase applicants whose applications have passed the first phase will present the rest of the documentation and evaluated according to the other criteria.

Article 17. Electronic processing.

1. in accordance with the provisions of law 11/2007, of 22 June, electronic access of citizens to public services and in the Royal Decree 1671 / 2009, dated November 6, whereby the law is partially developed previously mentioned, electronic processing will be compulsory in all phases of each procedure, including, where appropriate , reinstatement procedure. In addition, electronic processing will be also obligatory for submission of requests for modification of the award resolution as well as to the notification of the result of the same.

2. for the characteristics of applicants that are intended for subsidies of this strategic action, as the interested parties with a high level of implementation and use of the technologies of information and communication and strongly technological nature projects, and in accordance with law 11/2007, of 22 June, and the Royal Decree 1671 / 2009 , dated November 6, above-mentioned, applications, communications, and other required documentation relating to projects that attend these grants will be presented in the electronic register of the Ministry of industry, energy and tourism.

3. the applicant will be available with the same certificate that presented the request to the electronic register of the Ministry of industry, energy and tourism, where guests can view the documents submitted and the status of processing the case. In addition, the filing of the application with electronic signature entail the conformity of the applicant to receive all communications and notifications that occur during the processing of the electronic file through electronic registration, in accordance with law 11/2007, of 22 June, and the Royal Decree 1671 / 2009, of 6 November. In this same registry, stakeholders, identified electronically safely, can consult acts of the procedure are notified to them and make the submission of additional documentation that may be required by the acting authority. In addition to the publication of communications and notifications through the electronic register of the Ministry, will be available to the person concerned a complementary system of alerts by e-mail or, failing that, fax.

(4. the publication of the provisional and definitive resolutions, as well as resolutions of concession and its possible subsequent modifications and other acts of procedure, aid portal hosted by the electronic of the Ministry of industry site, energy and tourism (https://sede.minetur.gob.es) has all the effects of the notification practiced according to the provisions of article 59.6. b) of law 30/1992 26 November, legal regime of public administrations and common administrative procedure, competitive procedures.

5. in those cases in which, as a result of the justification and verification phase, a procedure for reinstatement took place, notifications related to this procedure will take place in the form of notification by electronic hearing, pursuant to article 40 of the concerned Royal Decree 1671 / 2009, of 6 November.

6. the forms and other electronic documents to fill in the various stages of the procedure will be available mentioned AIDS portal and must necessarily be used when appropriate.

7. in those phases of the procedure in which for the sake of administrative simplification presentation of responsible statements rather than specific documentation, such statements are allowed must be submitted in electronic format electronically signed by the declarant.


(8. applicants will not be required to present documents that already held by the competent body for the instruction of the procedure, in accordance with the provisions of article 35.f) of law 30/1992, of November 26, legal regime of public administrations and the procedural administrative common, must be on the application questionnaire indicate the number of the record which was communicated to him on that occasion provided not more than five years have elapsed since the completion of the procedure to which they relate. In cases of material impossibility to obtain the document, the competent authority may require the applicant his presentation, or, in their absence, the accreditation by other means of the requirements referred to in the document.

9. in accordance with article 48.1 of the concerned Royal Decree 1671 / 2009, dated November 6, stakeholders can contribute to the record, at any stage of the procedure, scanned copies of the documents, whose fidelity to the original guarantee through the use of advanced electronic signature. Public administration may request the corresponding file comparing the content of the provided copies. Given the impossibility of this comparison and exceptionally, may require individual display of the original information or document.

Article 18. Representation.

1. natural persons carrying out the signature or the electronic filing of documents on behalf of the applicant or beneficiary entities of aid should represent necessary for each project, in the terms established in article 32 of the aforementioned law 30/1992, of 26 November. Breach of this obligation, not to remedy, will lead to that interested parties be given by desisted from its application.

2. of this obligation to accredit that has sufficient representation exempt entities registered in the register of entities requesting aid from the Ministry of industry, energy and tourism, enabled aid portal hosted in the electronic office of the Ministry of industry, energy and tourism (https://sede.minetur.gob.es), provided that the signer of the application is accredited as a representative of the entity when registering. They are also exempted from accredited representation persons in whom the circumstances provided for in article 17.8 of this order.

3. the organ instructor may require at any time signatory persons accreditation of representation it holds. The lack of representation of the entity on whose behalf the documentation was brought shall determine that the document in question is has not been presented, with the effects arising from it for the continuation of the procedure.

4 when in the case of a non-profit entity and the signer is the owner of the representation of the entity body recognized in its statutes, the representation may be credited providing an electronic copy of these by-laws and a responsible statement electronically signed by the Secretary of the company in which it identifies the holder of the representative body. When the appointment is public it may provide an electronic copy of the publication of the appointment in the official journal instead of the above-mentioned responsible Declaration.

5. in the event that the applicant is an individual entrepreneur, the accreditation of the power of attorney can be made through the contribution of the Census Declaration of high in the Census of entrepreneurs, professionals and retainers (model 036).

Article 19. Applications.

1. the deadline for submission and the documents which must accompany applications shall be determined in each call.

2. the entities registered in the register of entities that request help from the Ministry of industry, energy and tourism enabled mentioned AIDS portal, will be exempt from completing and providing the identification documents for each request that comes, as well as their economic activity and data resources that are required in the application forms.

3. in accordance with article 22.4 of the regulation of the law 38/2003, of 17 November, General grant, approved by Royal Decree 887/2006, of July 21, the filing of the application for obtaining support will entail the authorization by the applicant to get the awarding body in direct accreditation of compliance with tax obligations and against Social Security , or any other documentation that held for the Administration, through electronic certificates. However, the applicant may refuse expressly consent, and must then provide this certification when required to by the instructor body.

Article 20. Instruction.

The body responsible for instruction, will be ex officio actions it considers necessary for the determination, knowledge and verification of the data which must formulate the motion for a resolution, pursuant to article 24 of law 38/2003 of 17 November, General grant.

Article 21. Assessment bodies.

1. applications shall be subject to an evaluation procedure whose implementation is entrusted to the Evaluation Committee.

2 the composition of the Evaluation Committee will be as follows: to) President: the Deputy Director General of promotion of the information society.

(b) Vice-Presidents: the Assistant Directors General attachments of promotion of the information society.

(c) vocal: 1 a person designated on behalf of each of the governing organs of the Ministry of industry, energy and tourism, organisms or public companies: 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 Secretary.

IV. the Spanish Patent and Trademark Office.

v. National Institute of communication technologies (INTECO).

VI. School of Industrial Organization (EOI).

VII. national innovation, S.A. (ENISA) company.

2nd two officials of Group A and level 28 or higher of the Subdirectorate General of promotion of the information society.

(d) Secretary: an official of the Secretariat of State of telecommunications and the information society.

3. for the oral presentation provided for in article 25 courts of at least three representatives of the Evaluation Committee may constitute.

4. the Evaluation Commission and its tribunals will govern its operation by the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 22. Evaluation criteria.

1. in the table below include endpoints, the maximum score and the threshold that is necessary to overcome in order to be subject to help. The total score of the evaluation will be normalized in the range between 0 and 10 points. In no event is may grant aid to projects whose score does not reach the thresholds referred.




Criterion scores maximum score threshold to) adaptation to the thematic priorities of the AEESD and the types of projects that can help.





Exclusionary criteria.






(b) technological innovation.





20 8 c) incentive effect of the aid.





Exclusionary criteria.






(d) financial solvency.





(20 8 e) quality of the institution/Consortium and the team.





(15 f) detailed work Plan.





10 g) adequacy of the budget.





10 h) socio-economic impact.





(15 6 i) internationally.





10





 





2. In the application of these criteria will be taken into consideration: to) technological innovation: problem to solve, the deficiency of the current solutions, technological assessment of proposed against other possible solution and the opportunity in the market.

(b) financial solvency: financial capacity of the institution to comply with its obligations and the verifiable presence of national or foreign investors through equity loans or direct investment.

(c) quality of the institution/Consortium and the work team: previous experience of participating entities in the scope of the project in order to determine that they have the training necessary for the successful execution of the activities.

In the case of consortia, meaningful participation of its members, the suitability of the different entities for execution of assigned tasks, synergies and complementarity among them.

Adaptation of the work team to the realization of the project: technical training for the attainment of the objectives identified in the proposal.

Skills, knowledge and experience appropriate for the execution of the functions to be developed, as well as the composition of the teams with the necessary profiles and 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) adequacy of the budget: human and material resources for the execution of the tasks of the proposal in terms of dedication and cost.

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

Justification of sustainability in time.

(g) international projection: internationalisation and access to other markets as a result of the implementation of the project.

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

4. in cases of applications with equal score, it will take into account, for the purpose of resolving the tie, the score criterion to criterion, according to the order in which appear in the table of this article, starting from the first until the tie-break. In case of exhaustion of the criteria and be the tie, the application which has been filed before will take precedence.

5. the report of the final evaluation and proposal of estimation or rejection of requests for funding projects carried out by the Evaluation Committee will rise to the organ instructor.

Section 2 evaluation in a phase article 23 procedure. Admission of requests.

1. applications will be reviewed to check that they meet the requirements for admission to the assessment phase. In the event of breach of any of these requirements, the outcome of the review will be communicated to stakeholders, that they will have 10 days to claim or to provide documents that they deem appropriate. Revised allegations, projects that do not exceed this stage will be excluded from the evaluation process.

2. the list of excluded projects and the reason for exclusion will be published in AIDS Portal located in the electronic office of the Ministry of industry, energy and tourism (https://sede.minetur.gob.es).

Article 24. Evaluation phase.

1. the criteria set out as "exclusion criteria" will be the first to be evaluated. Breach of any of them will involve the evaluation of the rest of the criteria and a total score of zero points.

2. the evaluation will be done exclusively on the information provided in the questionnaire and the report of the project. The voluntary improvements of the application will not be accepted.

Section 3 article 25 two-stage evaluation procedure. First phase.

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

2 in this phase will be checked that: to) applicants meet the requirements laid down in article 13(1) and 2 of the General Law of grants to be beneficiaries.

(b) the project fits the criteria set out in article 16.3.2.

3. Requests that do not exceed the threshold of technological innovation, or do not comply with the other requirements referred to in the preceding paragraph shall be deleted from the selection process, awarding a total score for the project zero points.

4. Requests may establish an oral appointment for the exhibition of projects. In that turn the person acting as project manager will defend its proposal for 10 minutes before the Court provided for in article 21.3. The exhibition will focus on "Technological innovation" of the action.

5. the result of the evaluation of the courts shall be notified as provided in article 17. Only have access to the second phase of evaluation proposals that have passed this first phase.

6. applicants whose projects have not exceeded the threshold of technological innovation may request review of the assessment. The review will be exclusively on the information contained in the documentation submitted with the request.

7. entities whose projects have passed the first phase of assessment shall submit the documentation required for the evaluation of the remaining criteria and to complete the application file. The documentation and the term will be specified in each call.

Article 26. Second phase.

1. in the second phase will examine the projects in line with the rest of the evaluation criteria and the compliance with the conditions and requirements which have not been discussed in the first phase.

2. the evaluation will be done exclusively on the documentation presented.

Section 4 article 27 award phase. Provisional proposal, allegations and final proposal.

1. the organ instructor, in the light of the report of the Evaluation Committee, formulate resolution interim support, duly motivated aid portal hosted in the electronic office of the Ministry of industry, energy and tourism (https://sede.minetur.gob.es). Publication shall take all the effects of the notification practiced according to the provisions of article 59.6. b) of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, competitive procedures. From this portal, stakeholders identified electronically safely, may consult the provisional and definitive resolution proposals and own resolutions grant.

2 the draft interim resolution should express: to) the applicant or the ratio of applicants for those who proposed the granting of aid.

(b) the amount of aid proposed grant.

(c) in the case of the granting of loans, their conditions, within the limits laid down in article 11.

(d) the result of the assessment carried out.

(e) guarantees for the advance payment of the aid.

3 organ instructor may require at any time how much documentation required for the granting of the aid considered timely, in particular: to) Declaration for each of the beneficiaries of complying with the requirements listed in article 7 of this order.

(b) proof of compliance with tax obligations and face the General Treasury of the Social Security (TGSS), in the case that the verification carried out by the organ instructor was unsatisfactory. This accreditation will be made by the provision by the applicant of the corresponding document - certificate or statement responsible in your case. Certificates, where appropriate, shall be issued by the State Agency for tax administration, provincial finances in your case, or the TGSS. The accreditation of compliance with Social Security and tax obligations may be declaratively responsible in the cases provided for in article 24.6 of the regulation of the law 38/2003, 17 November, General grants, approved by Royal Decree 887/2006, of 21 July.

(c) other documents established in the calls or the motion for a resolution.

4. applicants and participants who comply with the proposal must accept it in within 10 days and send documentation that is required them in the notification of the provisional proposal of granting of aid, with the exception of warranties, whose deadline for submission will be established in the call for proposals at the same time.

5. applicants for individual projects and the representative of the coordinating institution in cooperation projects, may submit allegations if they are dissatisfied with the interim proposal. Once studied these, final resolution that shall be notified pursuant to article 17 of this order shall be formulated.

6. those for filing allegations had not accepted the help in the interim proposal, must do so within a period of 10 days from the following publication of the final proposal. Beneficiaries who had accepted the help in the interim proposal do not have to accept the final proposal.

7. in the case of having accepted the claims, final resolution shall contain the motivation for the changes on the interim proposal, in addition to the provisions of paragraph 2.

8. in accordance with article 24.6 of law 38/2003 of 17 November, General grants, proposals for provisional and definitive resolution do not create any right against the Administration in favor of the proposed beneficiary, while not granting resolution has been notified. No aid may be granted to applicants who have not provided complete documentation required in the grant proposal.

Article 28. Resolution.

1 corresponds to the Secretary of State for telecommunications and the information society the decision of granting or denying requests, in view of the proposal for a final decision. And contain the applicant or ratio of applicants to which the aid is granted, it shall contain, where appropriate, express way, the rejection or non-award by withdrawal, resignation or material impossibility recognised, the rest of the applications.

2. the resolution will come duly motivated, what instructor shall include references to this order and call for proposals with the corresponding resolution, as well as to reports of the body and of the College responsible for the evaluation of applications. For ignored applications shall indicate the reason for rejection, in particular, it shall state, in your case, if it has not reached any of the thresholds.

3 the resolution of granting of aid shall contain: a) identity of the beneficiary or beneficiaries of the aid granted.

(b) supported project, as well as their characteristics and motivation.

(c) the amount of the aid granted.


(d) economic and technical conditions which comply with the project object of the aid granted.

(e) in the case of the granting of loans, the characteristics of the aid granted within the laid down in article 11, as well as the timing of refunds to be enforced.

(f) documentation and technical and economic reports justifying the project aim of the grant, as well as deadlines that should justify the project object of the aid granted. In cases in which explicitly required it resolution of granting of the aid, the beneficiary shall submit a report made by an auditor or registered in the official register of accounts auditors auditing firm.

(g) obligation on the recipient of aid express in its references to the project, which has been supported by the Ministry of industry, energy and tourism.

(h) how many ends are required by the characteristics of the project object support, including the obligation to respond to periodic questionnaires, made by the body that directs, in relation to the evolution in the implementation of the project.

(i) that the aid that is granted is of aid to research and development, in accordance with Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, declare that certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

In the case of estimated requests be also designated the fulfillment of the requirements of this order and the call.

4. requests will be determined and notified within a maximum period of six months from the publication of the corresponding call. After this period without having notified express resolution, interested parties will be entitled to understand ignored their requests, in accordance with article 25.5 of the General Law of grants.

5. the resolution of the procedure shall be notified to those concerned in accordance with article 17 and will put an end to the administrative procedure. Cooperation projects, resolution shall be notified to the representative and each of the participants.

Article 29. Modification of resolution of granting of aid.

1. the projects shall run in time and form to be determined in decisions of award. However, when arise specific circumstances affecting the technical or economic conditions taken into account for the granting of the aid, you may request modification of the award resolution. Any change in the project will require at the same time: to) that the change does not affect the objectives pursued with the help, including regional purpose, to its fundamentals, the determination of the beneficiary, nor damage to rights of third parties.

However, Yes is can get fusion, absorption and scission of companies and which are result of which one of the beneficiaries of a project in cooperation abandons it, including the extension to the lead time for a maximum period of six months.

(b) amendments to obey to causes which have arisen that could not be foreseen at the time of the request.

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

2 modifications involving may not be authorized: a) extensions of the deadline for implementation of the projects, except those granted ex officio the competent body and those provided for in the second paragraph of section 1.a) earlier.

(b) redistribution of support among participants in cooperation projects. The abandonment or renunciation of one of the beneficiaries of a project in cooperation will lead to the reinstatement of the aid which was granted.

(c) increases above 20 per cent in susceptible to support concepts in article 14.

3. the provisions of paragraphs 1 and 2 above shall not apply to international projects. These are accepted modifications that the entity has been agreed international programme manager.

4. the request for modification, which will take place in accordance with the provisions in article 17 of this order, shall be accompanied by a report in which the reasons for the changes will be posted and justify the failure to comply with the conditions imposed in the resolution of award and compliance with the requirements set out in paragraph 1 of this article.

5. in duly justified cases, the organ instructor may be accepted, within the project and for the same beneficiary, increases of up to 20 percent in susceptible to support concepts in article 14 and appearing in the resolution of granting, compensated with decreases in others, provided that the total amount of the aid may not change and verify that they enable the achievement or improvement of the goals envisaged in the project , without changing the resolution of concession.

Article 30. Resources.

1. the decision of the procedure of granting of aid, which puts an end to the administrative procedure, can optionally be appealed in replacement within the period of one month and the same organ that has rendered it, in accordance with articles 116 and 117 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Without limiting the foregoing, against the decision of the procedure of granting of aid indicated, in the period of two months counted from the day following the date of notification of this decision, it is important to appeal to the room of the contentious-administrative of the High Court.

2. the filing of replacement resources may be made to the electronic registry of the Ministry of industry, energy and tourism in the terms expressed in this standard and in accordance with provisions in the regulatory order of the register.

Article 31. Payment.

1. the payment of the aid granted will be held in two phases. The first payment shall be paid following the resolution of granting, prior to the justification for the implementation of the first year of the project. The rest shall be paid the following year after the presentation of the justificatory account of the first annuity and report of the body responsible for the monitoring of aid. Calls will determine the percentage of grant and/or loan to pay in each of the phases.

2. the payment of the aid shall be subject to the presentation of guarantees in accordance with article 32, and that there is a record by the organ instructor that the beneficiary meets the requirements set out in this order, as well as those specified in article 34 of law 38/2003 of 17 November, grants General , including the be aware in compliance with its tax obligations and against Social Security. In the event that does not record the location of the beneficiary with respect to such obligations, will be required within a maximum period of 10 days, from the day following the notification of the request, provide the appropriate certificates. No contribution or contribution deadline will entail loss of the right to the payment of the aid.

Article 32. Warranties.

1. for the payment of aid both grants and loans will be required the submission of guarantees. It shall constitute guarantees for each of the payments provided for in article 31.1. Calls will establish its amount as percentage of payments to make.

2. the guarantees constitute before the General deposit box in any of the provisions laid down in the aforementioned box regulations and with the requirements established for them.

3. in the case of loans, and once the effective justification of the project been certified support object, may be authorized by the organ instructor that a credit institution assumes, irrevocably and with appropriate safeguards, the refund according to the amortization schedule set in the resolution of concession after verification of the justification presented. All this without prejudice to the responsibilities that may be payable to the beneficiaries.

Article 33. Justification for the aid.

1. the justification of subsidies will be made in accordance with the provisions of chapter IV, article 30 and thereafter, law 38/2003 of 17 November, General grant, and in title II, chapter II, of the regulation of the Act approved by Royal Decree 887/2006, of July 21, according to which technical monitoring provisions establish calls and , if any, as set out in the applicable regulations of Community funds of the European Union, on the assumption that the projects were co-financed by the funds.

2 supporting documentation of the realization of the project will be presented through the means indicated in article 17 by: a) the representative of the beneficiary in the case of the projects carried out in the individual category.

(b) in the case of projects carried out in the mode 'in cooperation', each participant will bring economic supporting documentation of their participation in the project. The representative of the Consortium will provide also the supporting technical documentation of the realization of the project.

3. the justification will be held according to the mode of justificatory account, with provision of documentary evidence of expenditure, with contribution of auditor's report or in the form of simplified justificatory account. The use of one or the other mode shall be governed by the following rules:


(a) the presentation of the justificatory account simplified only will be possible in the case that the sum of the grant and the grant equivalent of the loan granted less than 60,000 euros and the project is co-financed with Community funds.

(b) in all other cases, the beneficiaries may choose between present justificatory account with proof of expenditure contribution or contribution of report of the auditor. In the justificatory account with auditor's report, the contribution of the documentary evidence of expenditure and payment will be replaced by a report of an auditor of accounts registered as practising in the official of Auditor's register, in accordance with article 74 of the regulation of the law 38/2003, of 17 November, General grants approved by Royal Decree 887/2006, of 21 July.

(c) the beneficiaries of projects co-financed with Community funds which will accept the modality of justificatory account with contribution of auditor's report must also provide proof of expenditure and payment.

4. the report of the auditor referred to in the preceding paragraph shall conform to the provisions of the order EHA/1434/2007, of 17 may, approving the standard of performance of Auditors of accounts in the work of review of support accounts of subsidies. Calls detailed the content of this report which aims at checking the adequacy of invoices or documents of probative value equivalent in legal commercial traffic or with administrative efficiency and supporting documentation of resolution of granting and payment to the justification of subsidies instructions. Auditor's report must be made in format, preferably signed electronically by the auditor using the means and tools laying for this call for proposals.

5. the justificatory account shall include the relevant evidence about the fulfilment of the obligations of advertising which are reflected in article 35.

6. Requests for technical verification and economic (SVTE) and attached supporting documentation will be timeframes established in calls, or failing in the resolutions of granting of the aid.

7 as a general rule, the presentation of the above documentation will be held from January 1 to March 31 of the year immediately after the carrying out of the activity, and will be delivered to the competent authority to instruct the procedure. In the case of multiannual projects, documentation will be presented from January 1 until March 31 of the immediate year after of the annuity to justify.

8. in the case of multiannual projects, the call may establish that the distribution among various annuities investment and expenditure approved in the resolution of concession has estimated character. In any case, investments and expenses or anticipated spending commitments should only be within the specified period of realization of the project, appropriate, granted expansion.

9. payments of investments and eligible expenses must be within the time limits set in the Act 15/2010 of 5 July, amending the law 3/2004, of 29 December, which establish measures of combating late payment in commercial operations.

10. the amounts of aid associated with each of the bankable concepts contained in the resolution of granting, represent the ceilings on aid, except as provided in article 29.5.

Article 34. Verification of support 1. Subsequent to the submission of the aforementioned documentation in the previous article, will include the corresponding verification of aid according to the General Plan of verification of grants of the organising body.

Checking the help may include, where appropriate, remedies requirement and procedure of hearing to the person concerned.

This check can be made by sampling techniques that enable to obtain reasonable evidence of adequate justification of support and/or verification of the activity that determines the granting, using criteria of selection of the sample that take into account, among others, issues such as concentration of aid, risk factors and spatial distribution. The selection of the sample shall be carried out according to provisions Regulation (EC) No. 1828 / 2006 of the Commission of 8 December 2006, the implementing rules laying down for Regulation (EC) No. 1083 / 2006 of the Council, establishing the General provisions concerning the European Fund of Regional development, European Social Fund and the Cohesion Fund , and Regulation (EC) No. 1080 / 2006 of the European Parliament and of the Council on the European Regional Development Fund.

2. the body responsible for the monitoring of the aid granted, after appropriate verification of aid, will issue an accrediting certification of the project.

3. in the case of multi-year implementation projects, the body responsible for the follow-up to the aid granted will review the supporting documentation submitted for each year of the project, issuing a report of follow-up for that period. This document will have informational purposes for the beneficiary. In the last year will be supporting certification, which will pick up the entire project.

4. If certification had stated that the bankable investment has been less than the approved or that weekends and/or the conditions of granting of the aid, will have defaulted, totally or partially, communicate this fact to the person concerned together with the results of the carried out verification getting refund all or part of the assistance procedure , in accordance with the provisions of chapter II of title II of law 38/2003 of 17 November, General grants, and in article 17.5 of this order. The reinstatement procedure must include the process of hearing stakeholders.

5. the body responsible for the monitoring of aid granted may require the beneficiary a technical and economic report on the results of the project object's help. The report will be presented, where applicable, within the period that is set in the resolution of granting.

6. the recipient shall be required to facilitate the checks to ensure the correct application of the aid. In addition, the grantee will be subjected to performances by checking to be performed 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 supervisory control of the Court of Auditors and, where appropriate, the provisions of the regulations applicable to the management of aid co-financed with Community funds.

Article 35. Publicity of the aid granted.

1. the aid granted advertising will be held pursuant to article 18 of law 38/2003 of 17 November, General subsidies.

2. when the amounts of aid granted, individually considered, are less than € 3,000 amount need not be publication in the «Official Gazette». In this case, the publication on the website of the Ministry of industry, energy and tourism will ensure the beneficiaries of the same advertising, in accordance with their special characteristics, amount and number.

3. in publications, broadcasting, Web pages and other outcomes activities project might lead to you must mention the Ministry of industry, energy and tourism as funding. Where the project was co-financed by the ERDF or the ESF, the acceptance of aid implies acceptance of the provisions in Regulation (EC) No. 1083 / 2006 of 11 July 2006 Council and in Regulation (EC) No. 1828 / 2006 of 8 December 2006, the Commission on information and advertising that must carry out Member States concerning assistance from the structural funds.

Article 36. Defaults, reinstatements, and sanctions.

1. the breach of the requirements laid down in this order and other rules applicable, as well as the conditions have been established in the corresponding resolution of granting, where appropriate, will result, prior the appropriate procedure for reinstatement, the obligation of return received subsidies and interest on late payments, pursuant to title II , chapter I of law 38/2003 of 17 November, General grant.

2 shall apply the provisions of title IV of the said law 38/2003 of 17 November, if such cases of administrative offences in the area of subsidies and State aid.

3. violations may be classified as mild, serious or very serious in accordance with articles 56, 57 and 58 of the aforementioned law 38/2003, 17 November. Powers to impose penalties for non-compliance is established in article 66 of the same.

Article 37. Criteria of graduation of the possible non-compliance.

1 when the compliance by the beneficiary is approaching full compliance significantly and is accredited by this action unequivocally aimed at the satisfaction of its commitments and of the conditions of granting of the aid, the amount to repay will be determined by the application of the following criteria:


(a) partial breach of the obligation of justification, or the realization of an investment below the fundable budget approved in resolution of granting, will lead to the partial repayment of the support allocated to each beneficiary in the percentage corresponding to the investment not performed or not justified.

(b) the realization of unauthorized modifications to the fundable budget, with the exception provided for in article 29.5, will entail the return of the aid for the diverted amounts.

(c) no contribution of three offers in the cases provided for in article 31.3 of the General Law of subsidies will mean the reduction of the aid corresponding to the expenditure in question in, at least 20 percent, unless the beneficiary shows that recruitment has been made at market prices.

2. the total breach of the purposes for which was granted the aid, of the objectives of the project, of the preparation of bankable investment or the obligation of justification, will result in the reinstatement of the totality of the aid granted.

3. the partial breach of the purposes for which the aid was granted or the objectives of the project will be subject to weighting by the body responsible for the monitoring of aid to determine whether total or partial reimbursement of the aid granted, depending on the importance of the non-compliance and its weight in the whole of the purposes or objectives. The full refund will when breaches affect technological innovation to a degree which would have prevented the overcoming of the threshold for this criterion in the evaluation phase.

4. when in the case of multiannual projects, the non-submission of supporting documentation of an annuity or an annuity during inactivity will lead to the reinstatement of all the aid granted.

5 after an established period of justification in your case, the extension granted without it, will require the beneficiary so that it is presented in the non-extendable term of 15 days. The lack of presentation of justification in the period specified in this paragraph shall entail the demand for the reinstatement of aid not justified and other responsibilities established in the law 38/2003, of 17 November, General grant.

6. to calculate the reduction of the concepts of spending financed with grant and loan aid applies proportionately to the grant and loan.

First additional provision. Applicable regulations.

1. in all matters not expressly provided for in this order, shall apply the law 38/2003 of 17 November, General subsidies and its regulations, approved by the Royal Decree 887/2006, of July 21; the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure; Law 47/2003, of 26 November, General budgetary; Law 11/2007, of 22 June, electronic access of citizens to public services, as well as the Royal Decree 1671 / 2009, dated November 6, partial development of law 11/2007 referred to above. Also shall apply to annual budgets from the State laws. Likewise, shall apply the provisions of the Royal Decree 1494 / 2007 of 12 November, which approves the regulation on basic conditions for the access of persons with disabilities to the technologies, products and services related to the information society and media.

2. the aid shall be subject to Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, declare that certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

3. in the case of projects co-financed with Community funds, shall apply, in addition, Regulation (EC) No. 1083 / 2006 of the Council, of 11 July 2006, establishing the General provisions concerning the European Fund of Regional development, European Social Fund and the Cohesion Fund; Regulation (EC) No. 1080 / 2006 of the European Parliament and of the Council of 5 July 2006 concerning the European Fund of Regional development; Regulation (EC) No. 1081 / 2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund, as well as other regulations in force in this area.

Second additional provision. Compatibility with the common market within the meaning of article 87, paragraph 3 of the Treaty.

1. the projects of the present aid scheme meet all the conditions of chapter I, as well as the relevant provisions of chapter II of Regulation (EC) No. 800/2008 Commission on August 6, 2008, by which declare certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (general block exemption regulation).

2. Although this order remain in force until December 31, 2016, there will be adaptations that would be required to conform to the Community rules that replaced Regulation (EC) No. 800/2008, whose term ends on December 31, 2013.

Third additional provision. Loans and advances granted charged to the general budget of the State.

The granting of the loans and advances shall be subject to the fulfilment of the objective of budgetary stability established in the organic law 2/2012, April 27, budgetary stability and financial sustainability.

Sole repeal provision. Repeal legislation.

Many provisions of equal or lower rank to oppose to this order are hereby repealed.

First final provision. Skill-related title.

This order is pronounced under cover of the provisions of the rules 15th and 21st in article 149.1 of the Constitution, which attributed to the State the exclusive competence in the field of promotion and coordination of scientific and technical research and telecommunications, respectively.

Second final provision. Entry into force.

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

Madrid, may 7, 2013.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

Annex I description of the types of beneficiaries 1. Companies: company means that entity, that is its legal form, which exercises an economic activity and which is validly constituted at the time of submission of the aid. Public companies, public business entities and individual entrepreneurs are integrated into this concept.

'Economic activity', according to the community terminology, refers to the supply of goods and/or services on a given market, irrespective of the legal status of the entity (incorporated under public or private law) or of its economic nature (with or without profit).

2 within concept company are different small and medium-sized businesses which, in turn, are defined and subdivided as indicated below: to) 'small and medium-sized enterprises (SMEs)': when in the present regulatory bases refers to small and medium-sized enterprises (SMEs), means, in accordance with Annex I to Regulation (EC) No. 800/2008 of the Commission , companies which fulfil the following conditions: 1 employing less than 250 people.

2nd its annual turnover not exceeding EUR 50 million, or its annual balance sheet not exceeding EUR 43 million.

3rd the computation of the strength and limits in the case of associated or related companies made as articles 3 to 6 of annex I to Regulation (EC) No. 800/2008 of the Commission.

(b) in the category SME is defined to a 'small enterprise' as a company that occupies less than 50 persons and whose annual turnover or annual balance-sheet total does not exceed 10 million euros, computing the limits in accordance with Annex I to Regulation (EC) No. 800/2008 of the Commission.

(c) in the category SME is defined to a 'micro-enterprise' as a company that occupies less than 10 persons and whose annual turnover or annual balance-sheet total not exceeding 2 million euros, computing the limits in accordance with Annex I to Regulation (EC) No. 800/2008 of the Commission.

3 ' investigation body': entity that, irrespective of their legal status (organised under public or private law) or form of financing, has as main objective to carry out fundamental research, industrial research or experimental development and disseminate the results through teaching, publication or technology transfer. In accordance with Regulation (EC) No. 800/2008 of the Commission, so that an entity can be considered research organization, the benefits are reinvested in these activities, the dissemination of their results or teaching; companies that can exert influence on these entities, for example, in quality of shareholders or members, shall not enjoy preferential access to the capabilities of the entity research or research results generated by.

Dentro_de research organizations include the following entities: to) 'Public investigation of the General Administration of the State bodies': based on the features contained in Act 14/2011 from 1 June, the science, technology and innovation, in its article 47.


(b) «universities»: public universities, departments and university institutes, in accordance with the provisions of organic law 6/2001, of 21 December, on universities, amended by organic law 4/2007, of 12 April. Private universities with capacity and activity demonstrated in r & d projects.

(c) «other public r & d centres»: public agencies with capacity to perform r & d, not regulated in law 14/2011 from June 1, the science, technology and innovation or similar provisions of the autonomous communities. The r & d centres with its own legal personality, dependent or linked from the administration of the State, and the dependent or associated of territorial Governments and their agencies, either that is its legal form are included in this category. Technology centers whose ownership and management is mainly from the public administrations are included in this category.

(d) «private r & d non-profit centres»: private non profit, capacity and proven in actions of r & d activity, generate scientific and technological knowledge, facilitate their application and transfer or provide supporting services innovation to business entities, including foundations of social agents carrying out r & d-related activities. Lack of profit must be explicitly recognized in the statutes or rules of operation of the entity.

e) «State-level technology Center»: legal, legally constituted and resident person in Spain, that notion is intended to contribute to the benefit of society and improving the competitiveness of enterprises through the generation of technological knowledge, conducting r & d activities and developing their application and which are registered as technological center of State-level registration regulated by Royal Decree 2093 / 2008 , 19 December, and whose property or governing body is mostly of companies in the same field of activity that the Centre and which do not belong to the same group of companies.

f) «State-level technological innovation support centres»: entities non profit, constituted and legally resident in Spain, with its own legal personality created in order to facilitate the application of the knowledge generated in universities and research organizations, including the technological centres, through its intermediary between them and the companies, providing innovation support services.

(g) support to technology transfer, diffusion and dissemination scientific and technological organisations and which include scientific and technological parks offices of technology transfer, office of transfer of results from research, CEIs and centres of innovation and technology.

4 the following groupings or associations: to) joint venture (JV).

(b) economic interest grouping, formed by companies or companies with other entities (AIE).

(c) sectoral business associations non-profit performing among its activities, projects and actions of research and development for its sector. Lack of profit must be explicitly recognized in the statutes or rules of operation of the entity.

(d) «groupings business innovative», registered in the special register of innovative business groupings of the Ministry of industry, energy and tourism, regulated by order ITC/3808/2007, of 19 December: groups set up by independent entities (small, medium and large companies and research organizations), active in specific regions and sectors whose objective is to stimulate innovative activity by promoting intensive mutual relations and the practice of sharing facilities Exchange expertise and contribute effectively to technology transfer, networking and the dissemination of information among the members of the Group companies.

Annex II types of projects 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 considerably improve products, processes or services. It includes the creation of components of complex systems which are necessary for industrial research, especially the validation of generic technology, except for the prototypes.

2 experimental development projects. The acquisition, combination, configuration, and use of knowledge and existing techniques, nature science, technology, business or otherwise, with a view to the elaboration of plans and structures and 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 provided will not be destined to commercial use.

The development of prototypes and pilot projects that can be used for commercial uses will also be included if the prototype is necessarily the final commercial product and it is too expensive to produce for it to be used only for demonstration and validation purposes. Subsequent commercial use of demonstration projects or pilot projects, all income derived from such use should be deducted from eligible costs.

Also eligible production and are testing experimental products, processes and services, provided they cannot be used or transformed for use in industrial applications or for commercial purposes.

Experimental development does not include routine or periodic changes made to products, production lines, manufacturing processes, existing services and other ongoing operations, even if such changes may represent improvements thereof.

Annex III consideration of SME in crisis in accordance with Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, declare that certain categories of aid compatible with the market in application of articles 87 and 88 of the Treaty (general block exemption regulation), an SME shall be considered firm in difficulty ((, if it meets the following conditions: a) if it is a limited liability company, which has gone more than half of its subscribed capital and it has lost more than one fourth part of it in the last twelve months, or b) is a partnership in which at least some of their members have an unlimited liability on the debt of the company which are gone more than half of equity, as shown in the books of the same, and it has lost more than one fourth part of them in the last twelve months, or c) for all forms of enterprises that fulfil the conditions laid down in national law to undergo a procedure of bankruptcy or insolvency.

A SMEs with less than three years old will not be considered, for the purposes of Regulation (EC) No. 800/2008 of the Commission, a company in crisis during this period, unless they meet the conditions laid down in paragraphs a), b), c) above.

Annex IV intensities gross maximum of aid in the form of subsidy beneficiaries refers to intensity of aid, the gross amount thereof expressed as a percentage of the eligible costs of the project. All figures used shall be read before tax deductions or other. When an aid in form of a loan is granted, it will be considered as the equivalent gross in terms of grant the amount of such aid. The interest rate that should be used to calculate the equivalent gross in terms of grant will be the reference rate established by the Commission at the time of the granting of the aid in accordance with the communication of the Commission concerning the revision of the method of fastening of types of reference and updating (OJ C14 on January 19, 2008). The aid intensity is calculated for each beneficiary.

According to the types of projects the maximum gross intensities are as follows: type of projects maximum gross intensity of aid in the form of subsidy beneficiaries enterprises not SMEs SMEs small business industrial research projects.





Up to 50% of the eligible cost of the project.





Up to 60% of the eligible cost of the project.





Up to 70% of the eligible cost of the project.






Up to 25% of the eligible cost of project experimental development projects.





Up to 35% of the eligible cost of the project.





Up to 45% of the eligible cost of the project.





Up to a maximum intensity of aid for 80 percent of the eligible costs, you can add a bonus of 15 percentage points if you are in any of the following cases: to) the project involves effective collaboration between at least two independent companies together and if the following conditions are met: 1 a company does not run on its own with more than 70 per cent of the eligible costs of the project in collaboration.


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

(b) the project involves effective collaboration between an undertaking and a research organization and the following conditions are met: 1 the research agency runs with a minimum of 10 per cent of eligible costs.

2nd research agency has the right to publish the results of research projects, provided they derive directly from research conducted by the Agency.

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

A_efectos_de paragraphs a) and b) above, the subcontracting is not considered effective collaboration.

In any case the maximum limits applicable to the amount of aid will be as follows: 1 for projects of industrial research, 10,000,000 euros per company and per project.

2nd for all other projects, 7.500.000 euro per company per project.

3rd for EUREKA, double the amounts previously set projects.

Annex V incentive effect in accordance with article 8 of Regulation (EC) No. 800/2008 of the Committee, on 6 August 2008, by which declare certain categories of aid compatible with the market in application of articles 87 and 88 of the Treaty (general block exemption regulation), supports regulated by this order only apply if they have incentive effect on the activity of the company subject to the aid (: a) in the case of an SME, it is considered that the aid granted has incentive effect if, before starting work on the project or activity, the beneficiary has submitted the aid application.

(b () considered that the aid granted to large enterprises have an incentive if, in addition to meeting the condition provided for in paragraph effect to), next to the documentation submitted by the beneficiary is incorporates a memory showing the incentive effect of the aid on the actions for which requested it, assessing one or more of the following criteria : 1 substantially increased the project / activity due to the aid.

2. substantial increase in the scope of the project / activity due to the aid.

3rd substantial increase of the total amount spent by the beneficiary on the project / activity due to the aid.

4th substantial increase in the pace of implementation of the project or activity concerned.

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