Order IET/818/2012, of 18 April, and Order ITC/2366/2011 of 30 August, established the basis for the granting of aid for reindustrialisation measures and for the promotion of the competitiveness of strategic sectors industrial.

According to these orders, several specific calls were made during 2012, with the common objective of enhancing industrial competitiveness by continuing the re-industrialization and promotion of the competitiveness of industrial strategic sectors initiated in 1997 and 2009 respectively, although modifications were introduced to adapt them to the priorities of the new industrial policy of the government and the financial situation current.

Following the accumulated experience in both programmes, and in view of the new strategic lines for industrial policy set by the government, it is necessary to issue new regulatory standards to provide financial support to the industrial investment that will allow, in a uniform way for both programmes, to incorporate the lines of action and priorities that are derived from the new industrial policy and to adapt them to the current requirements that the efficient management of public budgets.

At the present time there are justified reasons of public, social and economic interest for the Ministry of Industry, Energy and Tourism to carry out actions to stimulate industrial development through the financing of investment projects for the improvement of industrial competitiveness or which contribute to reindustrialisation.

This stimulus will take the form of financial support through the granting of long-term loans, under the conditions legally established at the time the corresponding call is made, and whenever there is a adequate and adequate budget credit.

Over the past decade the weight of added value generated by industry on the total economy has fallen by more than 5 percentage points and since the crisis began in 2008, more than 600,000 jobs have been lost. of industrial work.

In view of this situation, the Ministry of Industry, Energy and Tourism has established as a fundamental objective of industrial policy that the industry continues to contribute significantly to the generation of the domestic product gross (GDP).

In the overall framework of the process of structural reforms that the government has undertaken, with the aim of generating as favourable a environment as possible for business activity and job creation, the reindustrialisation and promotion of industrial competitiveness are part of the actions to boost industrial development through the improvement of business and the efficiency of the productive sectors.

Through this new regulatory standard, both programs align their objectives with singular attention to those companies that incorporate advanced technologies into their products and processes, generate qualified employment with the Further possible added value and, in short, will help to increase our export base and the presence of our industrial products in other markets.

The persistence of the difficulties of access to credit by certain companies, especially those of smaller size, which make up the majority of the Spanish industrial fabric, causes falls in the investment that in the case of industrial activity produces short-term effects on the ability to accompany changes in production that impose not already markets, but companies located in the highest links in the value chain of products.

Financial support for the industry regulating this order will have two distinct lines of action. First of all, through the reindustrialisation programme, the aim is to encourage new industrial development, as well as increases in production capacity or the relocation of industrial firms to the new industrial plant. gain competitiveness. The scope of this programme is extended, with respect to its predecessor, covering the entire national territory.

In the second place, support will be given to investment plans for improving the competitiveness that will be posed by companies in any industrial sector, so that the evolution of the beneficiary companies will be strengthened. towards new, more advanced, efficient and environmentally friendly production models, and towards the manufacture of products and the provision of higher value added services, enabling them to access and increase their presence in the markets

In this way, the previous programme for the promotion of the competitiveness of industrial strategic sectors will become known as the promotion of industrial competitiveness, providing support to companies in any industrial sector, Therefore, the strategic rating is eliminated only for some sectors and the strategic rating is transferred to the company and to the concrete investment project.

Since the scope of both programmes is the whole national territory, and in the interests of their effectiveness and operability, the concentration of funds that finance them is desirable, since it is not possible to establish a priori a territorial distribution scheme for expenditure, as such distribution should be based on a forecast of demand for financial support which is generally unknown.

Furthermore, the harmonization of the criteria to guide the granting of public support to industrial investment is a fundamental objective of this standard, following the guidelines established at Community level in the industrial policy matters. The application of these criteria, in common to the potential beneficiaries under a competitive concession scheme, is necessary to ensure equal opportunities in access to public resources for the benefit of the public. encourage such investments at any point in the national territory.

Law 38/2003 of 17 November, General of Grants, requires that in general, the concession procedure is the competitive one and that the budget available in the calls for aid is determined. These requirements prevent the territorialised management of investment projects which are supported by this order, because many of the autonomous communities lack this type of aid and the impossibility of establishing criteria. This is a priority for the distribution of the budget, which makes it impossible to determine a distribution of the budget to the autonomous communities. This determines that the budget cannot be broken down, with the assumption of the second paragraph of Article 86.1 of Law 47/2003 of 26 November, General Budget, and determines the state competence and centralised management of this type of budget. supports.

For the above, and in accordance with the provisions of the second paragraph of Article 86.1 of Law 47/2003 of 26 November, General Budget, the management of the grant of financial support must be carried out centralising by the Ministry of Industry, Energy and Tourism to ensure the full effectiveness of the reindustrialisation and promotion of industrial competitiveness, and to ensure the same possibilities for obtaining or (i) the enjoyment of the same by its potential recipients throughout the national territory.

On the other hand, because the potential beneficiaries of the financial support for industrial investment regulated in this order are legal persons endowed with the necessary economic and technical capacity to guarantee their access and availability to the precise technological means, in accordance with the provisions of Article 32.1 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens is partially developed the Public Services, the electronic processing of the aforementioned supports will be obligatory in all stages of the procedure.

Article 17 of Law 38/2003 of 17 November, General of Grants, 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 own legal personality linked to or dependent on it, the relevant ministers shall establish the appropriate regulatory basis for the grant of the grants.

In addition, the additional provision, sixth of that Law 38/2003 of 17 November, General of Grants, provides that ' interest-free, or less-than-market-interest loans granted by the entities referred to in the Article 3 of this Law shall be governed by its specific rules and, failing that, by the provisions of this law which are appropriate to the nature of these operations, in particular the general principles, requirements and obligations of beneficiaries and collaborating entities, and grant procedure. "

Additionally, Royal Decree 887/2006, of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants, in its second provision, number 1, says that: " In the field of The General Administration of the State and of the public bodies and other entities governed by public law with their own legal personality linked or dependent on that, the Ministers shall approve, for the credits provided in the states of expenditure in their respective budgets, the rules governing the appropriations of the administration to (a) the provisions of the General Grant Law shall apply, in the terms provided for in the sixth supplementary provision, without prejudice to the provisions of the General Grant Act, without prejudice to the provisions of the General Grant Act; provided in paragraph 3 of this provision ".

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

CHAPTER I

General provisions

First. Object.

The purpose of this order is the establishment of the regulatory rules for the granting of financial support for the promotion of investments of an industrial nature in a competitive concurrency system that contribute to to strengthen the competitiveness of industrial enterprises and to promote the development of industry.

The purpose of such support will be to encourage the development of strategic projects and enterprises, stimulating innovative industrial initiatives, which will contribute to the generation of jobs and increase exports.

Second. Lines of action.

1. Financial support for industrial investment regulated in this order will be provided through two distinct lines of action:

(a) Reindustrialisation programme: shall finance the activities of the establishment, extension and/or transfer of industrial establishments as defined in third subparagraph (a)

(b) Programme for the promotion of industrial competitiveness: support the implementation of the competitiveness improvement plans regulated in third paragraph (b).

2. Both lines of action will be implemented through specific calls in the light of the budgetary resources allocated to them for each financial year. In both cases, the above calls shall set out the sectoral or territorial scope of the financial actions.

Third. Types of financial actions.

May be financed according to the rules established in this order the industrial investments of the following typologies:

a) Creation, expansion or transfer of industrial establishments. In the case of extensions or transfers of industrial establishments, applicants must have prior industrial activity.

For the purposes of these regulatory standards, it will be understood by the creation of industrial establishments that involve the beginning of a new industrial activity, at any point in the national territory, with generation of new jobs associated with such establishment.

Will be considered extensions those investments undertaken by companies that already develop productive activity at any point in the national territory to expand the production capacity of the same or to install, in the same The location of the previous one, different product manufacturing lines than the ones you already produce.

It will be considered transfer of establishments the change of location, with destination any part of the national territory, of industrial establishments from other previously existing sites. This transfer must be due to the reduction of the environmental impact of the production activity, to involve an increase in production capacity or to the integration into a single site of manufacturing lines. The relocation of previously unlocalized industrial activities will also be the relocation qualification.

b) Structured investments in improvement plans in industrial companies that act on one of the following factors of competitiveness:

1. Incorporation of innovative technologies to products and production processes, on an industrial scale.

2. The implementation of advanced production systems, especially those aimed at establishing stable collaborations along the value chain of a product or service.

3. Increasing energy efficiency of products over their lifetime or the production process.

4. º Increase in the efficiency of the process, through: reduction of waste generation, optimization of raw material consumption, material and process fluids, improvement of rejections and reprocessing levels, etc.

5. º Reduction of the environmental impact of products over their useful life, through the application of ecodesign criteria.

6. Early adaptation of production to future Community standards.

Fourth. Beneficiaries.

1. The condition of the beneficiary may be the commercial companies of the private sector, validly constituted at the time of filing the application for financing and which develop a productive industrial activity.

Within these societies, small and medium-sized enterprises will be differentiated from large companies.

Small and medium-sized enterprises (SMEs), in accordance with the provisions 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), published in the Official Journal of the European Union L 214 of 9 August 2008, are defined and subdivided as follows: continuation:

(a) In the SME category, the median company shall be the one that meets the following requirements:

1. º That employ less than 250 people.

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

3. The calculation of the number and limits for the associated enterprises is carried out in accordance with Article 6 (2) and (3) 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 whose 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 micro-enterprise 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 the agreement being with that Annex I of Commission Regulation (EC) No 800/2008.

2. They may not obtain the status of beneficiary entities in which some of the circumstances set out in Article 13.2 of the said General Grant Law or those undertakings which are subject to an order of recovery pending a prior decision of the European Commission that has declared aid to the illegal beneficiary and incompatible with the common market.

Fifth. Financial expense concepts.

1. The consideration of financial expenses that satisfy the requirements of Article 31.1 of Law 38/2003 of 17 November, General of Grants, shall be considered in any of the following categories:

1. For the investments referred to in paragraph 3 (a) of this order, the acquisition of fixed assets of a material character may be financed, provided that they are necessary for the creation, expansion or transfer of establishments:

a) Civil Work: investments in urbanization and pipelines.

b) Building, expansion or adaptation of industrial ships as well as facilities and equipment not directly linked to production.

(c) Material assets directly associated with production, excluding external transport elements.

2. In the case of investments for the implementation of improvement plans referred to in third subparagraph (b), the financial concepts shall be the tangible and intangible assets, as well as the costs of development engineering required to get the improvements raised:

(a) Material assets: investments in facilities and equipment directly linked to the improvements raised. Investments in land, buildings and civil works are excluded. In the case of civil works, only those directly linked to the installation of a new equipment (type foundation for benches) will be permitted.

(b) Intangible assets: Assets linked to the transfer of technology through the acquisition of patent rights, licenses, know-how or non-proprietary technical knowledge directly linked to improvements raised.

c) Development engineering expenses. Expenditure directly related to development shall be considered eligible for financing, in proportion to be justified on the basis of the commitment to such activity. The costs to be charged shall be:

1) Own or contracted personnel expenses. The costs of personnel strictly necessary to carry out the investments during the development phase up to the start of the use on an industrial scale, which are sufficiently justified under the plan of the Commission, shall be considered eligible. submitted work. Such expenditure shall not exceed 15% of the total eligible investment budget.

2) Subcontracting, contractual research costs, technical knowledge, consultancy costs and equivalent services, intended exclusively for the project or performance. They shall be considered eligible for financing in so far as such expenditure is described and justified in the investment work plan. To this end, the possible external collaborations must be described in their scope, contracted deliverable and moment in which said deliverable will occur.

3) Costs of material, supplies and similar products, resulting directly from the proposed action. They may be financed to the extent that their need is justified in the description of the improvements to be made.

2. These are rules applicable to the financial spending concepts, the following:

(a) In the event that there may be transactions with persons or entities related to the beneficiary, they are understood in accordance with the provisions of Article 68 of the Regulation of Law 38/2003 of 17 November 2001, Grants, approved by Royal Decree 887/2006 of 21 July, only those investments that are expressly authorized by the managing body and are carried out according to the normal market conditions, will be admissible with the provisions of Article 29.7 of the Law.

b) In no case are indirect taxes considered to be eligible for indirect taxes when they are eligible for recovery or compensation, according to Article 31.8 of Law 38/2003 of 17 November, General of Grants.

(c) Only eligible expenditure shall be considered as eligible expenditure for investment projects that occur from the date of submission of the application, with the aim of ensuring the incentive effect of the financing.

d) When the amount of expenditure exceeds the amounts established in the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, for the minor contract, the beneficiary must request at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of the service or the delivery of the goods, unless the special features of the service are not available on the market sufficient number of entities to perform, lend or supply, or unless the expenditure is has previously made the concession.

The choice between the tenders submitted, which shall be provided in the justification, or, where appropriate, in the application, shall be made on the basis of efficiency and economic criteria, and must be expressly justified in a choice when it is not the most advantageous economic proposal.

(e) In respect of inventoried goods, the provisions of Article 31 (4) and (5) of the General Grant Law shall apply.

(f) In accordance with Article 31.4 of the Law of Law 38/2003 of 17 November, General of Grants, the period during which the beneficiary must allocate the goods at the particular end for which the financing, it shall be five years in the case of goods entered in a public register, and two years for other goods, unless the calls specify different periods, or unless the action promoted has a period of higher execution, in which case that period shall be equal to the time limit for implementation.

Sixth. Period of performance of the actions.

Funded actions should be implemented within a maximum of eighteen months from the date of the grant resolution.

Seventh. Minimum budget for financial investments.

The minimum eligible investment budget will be EUR 100,000 in the event that the applicant is an SME and EUR 750,000 if it is a large enterprise.

Eighth. Amount of funding.

1. The amount of the financing to be granted for each type of investment shall be:

a) 60 percent on the financial budget, in the case of the creation of new industrial establishments.

b) 70 percent on the financial budget in the other investments.

2. If the investment for which funding is requested involves the industrial scale of essential enabling technologies: nanotechnology, biotechnology, microelectronics and advanced materials, or if it is produced in the following areas of industrial activity: aeronautics, defence, equipment, electronics and telecommunications, equipment and renewable energy systems, e-health, equipment for the treatment and/or use of water, sustainable mobility and sustainable and smart construction, the percentage of funding above will be extended to 75 percent of the bankable budget.

3. The investments raised by SMEs shall increase the percentage of funding corresponding to sub-paragraphs 1 and 2 above by an additional 5%.

Ninth. Limits.

1. The maximum amount of the loan to be granted per investment shall be 10% of the funds entered in the corresponding calls to be made in accordance with these bases, depending on the budgetary availability of each financial year.

2. Total public financing of the investment, computed as a sum of the public resources granted by any government and/or public entity, shall not exceed 80% of the total budget of the investment project which has been was considered eligible under the fifth paragraph.

3. The calls arising from this order may set limits on the maximum amount of funding to be granted on the basis of the living risk accruing to a business or business group for loans granted with public funds.

10th. Compatibility.

The perception of financial support for the performance of actions under this order will be compatible with that of any other public funding granted on the same bankable costs, either in the form of grant and/or loan, provided that the limit set in the previous paragraph is respected. 2.

11th. Concession scheme and financing characteristics

1. The financial support regulated in this order will take the form of a loan. The time limits for depreciation, the interest rate and the existence of time limits shall be determined in the calls made in accordance with these rules.

2. The concession scheme will be the competitive one, in accordance with Article 22.1 of Law 38/2003 of 17 November, General of Grants.

3. The financing granted under these bases shall always be granted at interest rates equal to or higher than those resulting from the application of the methodology established by the Communication to the beneficiaries at the time of the concession. European Commission on the revision of the method of setting the reference and updating rates COM (2008/C 14/02), or any revisions thereof.

12th. Guarantees.

1. A security with the following characteristics shall be required at the time of the application, unless the calls resulting from this order have different characteristics:

(a) Aval provided by a credit institution or mutual guarantee company, conditional on suspension of the granting of a grant resolution.

(b) The amount of the guarantee shall be 10% of the loan applied for in the case of applicants who have accounts entered in the trade register of the last three financial years and whose net result has been positive in the last financial year. In another case, the amount of the guarantee will be 25 percent of the amount requested.

For the purposes of this paragraph only, it is understood as the last closed financial year, which corresponds to the closure by the company of its last financial statements provided that at the time of the request three months have elapsed from that closure. If that period has not elapsed, the following financial year shall be taken as the last financial year immediately.

2. The guarantees shall be released in instalments as reimbursements occur, once the amount of outstanding return capital is equal to or less than the guaranteed amount.

CHAPTER II

Management procedure

13th. Competent bodies to convene, instruct and resolve the concession procedure and body responsible for monitoring.

1. It shall be competent to convene the financial support regulated in this order and to resolve the procedures for granting them, the Minister of Industry, Energy and Tourism, without prejudice to the existing delegations on the matter.

2. The authority responsible for ordering and instructing the concession procedures is the Directorate-General for Industry and Small and Medium-sized Enterprises.

3. The Directorate-General for Industry and Small and Medium-sized Enterprises will be the body responsible for monitoring the actions financed.

14th. Calls and initiation of the procedure.

1. Financial support for regulated industrial investment in these bases shall be articulated through the calls to be determined in each financial year.

2. The procedure for granting such support shall be initiated on its own initiative.

15th. Electronic processing.

1. In accordance with the provisions of Article 32.1 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to Public Services, is partially developed, The electronic system will be mandatory at all stages of the procedure. The applications, communications and other documentation required for the projects to be supported by this financial support will be presented in the electronic register of the Ministry of Industry, Energy and Tourism.

2. The applicant may access, with the certificate with which he submitted the application, the electronic register of the Ministry, where he may consult the documents submitted and the status of processing of the file. The filing of the application with electronic signature shall also entail the applicant's compliance to receive all communications and notifications of the processing of the electronic file through such electronic registration, In accordance with the provisions of Law 11/2007 of 22 June 2007 and with Royal Decree 1671/2009 of 6 November 2009. In addition to the publication of communications and notifications through the electronic register of the Ministry, an additional system of alerts will be made available to the interested party by means of electronic mail. 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 organ.

3. The publication of the motions for resolutions, as well as the publication of the resolutions of dismissal, concession and possible amendments and other acts of the procedure, will take place on the Aid Portal hosted by the electronic of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), and 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 Public administrations and the Common Administrative Procedure, in relation to the procedures competitive concurrency.

4. In those cases where a refund procedure is carried out, the notifications relating to that procedure shall be made in the form of notification by electronic appearance, as laid down in Article 40 of the referred to Royal Decree 1671/2009 of 6 November 2009.

5. The forms, responsible statements and other electronic documents to be completed at the various stages of the procedure shall be made available in the abovementioned Aid Portal and must be used when proceed.

6. 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.

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

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

sixteenth. Representation.

1. Natural persons who carry out the signature or electronic submission of documents on behalf of the applicant entities or beneficiaries of financial support shall have the necessary representation for each action, in the words established in Article 32 of that Law No 30/1992 of 26 November.

2. The signatory of the application for financial support shall prove that at the time of filing the application has sufficient representation for the act. Failure to comply with this obligation, if not remedied, will result in the withdrawal of the application, in accordance with the provisions of Article 71 of Law 30/1992 of 26 November.

From the obligation to provide sufficient representation, the entities registered in the Registry of Entities requesting assistance from the Ministry, enabled in the Portal of Aid hosted by the electronic headquarters of the Ministry, will be exempt. 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. The persons in whom the circumstances provided for in paragraph 15 of this order are present shall also be exempt from accrediting representation.

3. The instructor may at any time require the persons who are signatories of the various documents to be presented, the accreditation of the representation they hold. The lack of sufficient representation shall determine that the document in question has not been submitted, with the effect that it will result in the continuation of the procedure.

seventeenth. Deadline for submitting applications.

1. The time limit for the submission of applications and the corresponding documentation shall be 40 calendar days from the entry into force of the rules implementing the calls resulting from this order, unless they determine another period of time. presentation.

2. Applications submitted outside the prescribed period shall give rise to their admission.

Eighteenth. Formalisation and submission of applications.

1. Applications for financial support shall be directed to the Directorate-General for Industry and Small and Medium-sized Enterprises, which is competent to instruct the procedure and shall be available for completion and presentation in the Aid portal hosted at the electronic headquarters of the Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), where the necessary electronic means of support will be provided.

2. For each of the lines of action defined in the second paragraph, a single application shall be accepted per beneficiary and industrial establishment in which the investment is to be made, irrespective of the number of calls which are carry out each budget year for each of these lines.

3. The application for financial support shall be accompanied by the following elements:

a) Request form.

b) Electronic questionnaire.

c) A description of the investment to be financed. This memory shall have the structure and content specified in the corresponding calls.

d) Valid accreditation of the signer's power of the request.

e) A guarantee of a guarantee to the General Deposit Box, in the form of collateral provided by a credit institution or a mutual guarantee company.

(f) Financial statements entered in the Trade Register of the last three financial years if the applicant has the same.

g) In the event that the last financial year, the financial statements of that financial year, including at least the Balance and Profit and Loss Account and with the same filing format as in the financial year, are not registered in a commercial register, Merchant Record.

(h) CIRBE of the financial debt of the requesting entity at the time of the application or with a maximum age of three months, counted from the issuance of the CIRBE to the date of application.

(i) Accreditation of compliance with tax obligations and social security, only in the case where the applicant does not authorize the granting of such accreditation directly by the entity. electronic certificates.

(j) Statement responsible for not having debt for repayment of aid or loans with the Administration, nor being subject to a recovery order pending after a previous decision of the European Commission that has declared an aid illegal and incompatible with the common market.

k) Statement responsible for the payment of the repayment obligations of any other loans or advances previously granted from the General Budget of the State.

(l) Statement responsible for not being incourable in any of the prohibitions referred to in Article 13.2 of the General Grant Act, in compliance with the provisions of Articles 26 and 27 of the Law Regulation General of Grants.

4. The interested parties shall submit the application for financing and the rest of the documentation in the electronic register of the Ministry of Industry, Energy and Tourism, with the electronic signature of the person having sufficient representation power.

In the case of joint representation, a digitised copy of the application signed electronically by each of the joint representatives must also be provided.

5. 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 financing will entail the authorization of the the applicant for the granting of direct access to the accreditation of the fulfilment of tax obligations and against social security through electronic certificates.

However, the applicant may expressly refuse his/her consent, and this certification must be provided in this case.

6. If the documentation provided does not meet the required requirements, the person concerned shall be required to provide, within 10 working days, from the date of receipt of the request, to remedy the absence or to accompany the required documents, with warning that, if you do not do so, you will be given the withdrawal of your application, in accordance with the provisions of Article 71 of Law 30/1992 of 26 November.

7. The applicant shall declare, in the application questionnaire, any type of public funds which it has obtained or requested to finance the activities for which it is applying for funding. You must also update this statement if at any time after the instruction a modification of the initially declared occurs.

The applicant shall also provide information on the amount and terms of the live loans which it would have obtained from any public administration and/or public entity, as well as a short period of time. description of the financed object.

8. Where the parties concerned are legal persons and for the purposes of the practice of the notification by electronic means, they shall be required to inform the relevant bodies of the changes in the representation of the entity as soon as they occur. The change shall be made effective for those notifications which are issued from the day following the receipt of the communication of the change of representative of the entity. Notifications prior to that date addressed to the representative on the file shall be deemed to have been correctly applied.

Nineteenth. Criteria for the assessment of applications.

1. The assessment shall be carried out on the basis of the criteria specified in this paragraph. The total assessment score will be normalized in the range 0 to 10 points. In cases where scoring thresholds are set, they will need to be exceeded in order to qualify for funding. In no case shall funding be granted to those investments whose score, in the relevant criteria, does not exceed those thresholds.

2. The assessment shall be carried out exclusively on the information provided by the applicant at the stage of admission of applications. The voluntary improvements in the application will not be accepted as a competitive concession procedure.

3. In the case of an equal score application, the application that has been submitted will take precedence.

Ratio of financial debt to equity

) Investment-oriented investments the following objectives

	Weight
40	20
	40	40
10
	a.2) Cocient between current passive current	10
	a.3) TIR	10
a.4) Ratio between current EBITDA/passive	10
	B) Beneficiary Technical Capacity	30	20
b.1) Demonstrable industrial experience of the beneficiary in the area of investment activity over the last 3 years	10
	b.2) Technical Viability, in function of the theoretical fundamentals presented	10
b.3) Detailed planning and provided by the technical and human means to carry out the investment during the installation, commissioning, operation and maintenance phases	10
30	10
c.1) Adaptation or production increment for market products in a foreign market other than employees up to the date of application or increase of the percentage of turnover from outside sales by at least 5 percent
	c.2) Obtaining quantifiable reductions in some cost of production resulting from technical improvements directly related to investment	5
c.3) Generation directly or indirectly of new jobs with respect to the situation prior to the investment	5
c.4) Incorporation of Innovative technologies at industrial scale in products or processes. Innovations must be at least at the level of the beneficiary's activity sector	10
Total	100

4. The assessment of the economic and financial viability of the investment shall be carried out on the basis of the ratios specified in the sub-criteria above, the valuation of which shall be as described below.

If the applicant has annual accounts of at least the last three financial years recorded in the trade register or has submitted the documentation required under paragraph decimoctavo.g) and the registered accounts of the two exercises immediately preceding the last closed exercise:

-criterion	Weight in the sub-criterion
	Historics	Projections
a.1) Ratio between financial debt/own funds	60%	40%
a.2) Ratio between current active/passive	60%	40%
a.3) TIR	0%	100%
a.4) Ratio between current EBITDA/passive	60%	40%

Otherwise:

-criterion	Weight in the sub-criterion
	Projections
a.1) Ratio between financial debt/own funds	80%
a.2) Ratio between current active/passive	80%
a.3) TIR	100%
a.4) Ratio between EBITDA/current liability	80%

The data taken for the calculation of the ratios will be for the historical part of the last financial year and for the part of projections the average of the first three years projected.

For the purposes of this assessment, the following concepts are understood as specified below:

a) Financial debt: is the total amount of financial debt that the company has in both the long and short term.

(b) Own funds: the sum of capital, non-required capital, issue premium, reserves, own shares and the result of the financial year.

c) Current assets: is the sum of stocks, customers, other debtors, other current assets and cash.

d) Current liabilities: is the sum of short-term debts, commercial creditors and other accounts payable.

e) TIR: is the rate that causes the current value of the project cash flows to be equal to zero. The TIR shall be calculated for a maximum period of 10 years. Each year the cash flow is the sum of the investments and the returns earned by the investment project.

f) Gross Operating Income (EBITDA): is the result before taxes, interest, depreciations and redemptions

Twenty. Evaluation Committee.

The evaluation committee shall be chaired by the Director-General of Industry and Small and Medium-sized Enterprises.

They will be vocal, the holder of the General Subdirectorate of Industrial Sectoral Policies, the General Subdirectorate of Strategic Programs and that of the General Subdirectorate of Support to the SME, as well as a representative with rank at least from Deputy Director General or assimilated, for each of the following management bodies: Cabinet of the Minister, Cabinet of the Department Secretariat, Cabinet of the General Secretariat of Industry and Small and Medium-sized Enterprises, Cabinet of the Secretariat of State of Telecommunications and the Information Society Cabinet of the Secretary of State for Energy. He will act as Secretary-General of the Directorate-General for Industry and Small and Medium-sized Enterprises.

The legal status of the aforementioned commission shall be that laid down in Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The evaluation commission will have the function of issuing a report in which the result of the evaluation carried out, as set out in Article 24 (4) of Law 38/2003 of 17 November, General of Grants, is specified. To this end, it may have the technical assistance it deems necessary, as well as in cases where it is deemed appropriate, to require the collaboration of Autonomous Communities or Local Entities, with which the Ministry of Industry, Energy and Tourism has established collaboration agreements or action protocols. In the latter case, the composition of the evaluation committee shall be extended with the representatives of the entities referred to in the above conventions or protocols.

Twenty first. Procedure and resolution instruction.

1. 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, established in Article 24 of Law 38/2003 of 17 November, General of Grants.

2. The instructor, shall verify compliance with the conditions imposed to acquire the condition of beneficiary, as well as the adequacy of the project to the object, scope and requirements for the grant of funding and will urge the commission to assessment to perform the assessment of requests that have exceeded that verification.

3. Once the assessment has been carried out, the investigating body shall, in the light of the dossier and of the report of the collegiate body, make the proposal for a provisional, duly substantiated, resolution as laid down in Article 24 (4) of Law 38/2003 of 17 November, General Grant.

This proposal will be notified to interested parties so that, within 10 days, they will formulate the allegations they deem appropriate, or express their acceptance.

It is understood that the applicant decays his or her application in case of no express acceptance or formulation of allegations in the said period.

Together with the notification of a provisional draft resolution, a period of ten days shall be granted, in order for applicants to update, where appropriate, the information provided at the time of the request for the following conditions of mandatory compliance in order to be a beneficiary:

a) Compliance with tax obligations and Social Security.

(b) Not to have debts for repayment of aid or loans with the Administration, nor to be subject to a recovery order pending after a previous decision of the European Commission that has declared unlawful and incompatible aid with the common market.

c) Be aware of the repayment obligations of any other loans or advances previously granted from the General Budget of the State.

(d) Not to be in any of the prohibitions referred to in Article 13.2 of the General Grant Act, in compliance with the provisions of Articles 26 and 27 of the General Law of the Grants.

subparagraphs (b), (c) and (d) above may be accredited by means of a responsible applicant's declaration.

It is understood that the applicant decays its application in case of failure to prove compliance within that period. If compliance with these conditions will already have the authority of the instructor, they should not be accredited again.

4. In the event that the interested parties raise allegations, the proposed final resolution will be formulated once they have been examined by the instructor body, which will be notified to the applicant entities that have been proposed as beneficiaries. so that, within 10 days, they report their acceptance or waiver of the proposed financing. The acceptance of the data subject shall be deemed to be granted in the absence of a reply within 10 days of the notification of the proposed final decision.

5. At any time in the proceedings, the applicant shall inform the instructor, where appropriate and as soon as they are aware, of other public funding for the performance of the activities for which he or she is requests funding.

6. Once the proposal for a final decision has been raised to the competent body to resolve, it will dictate the corresponding resolution, which will be motivated and put an end to the administrative route, as laid down in Article 63 of the Law of the Law of the European Union. 38/2003, dated November 17, General of Grants, approved by Royal Decree 887/2006, of July 21.

The granting resolution, in addition to containing the applicants to whom the financing is granted and the express dismissal of the remaining applications, may include an orderly relationship of all applications which, in compliance with the with the administrative and technical conditions laid down in the regulatory bases to acquire the status of beneficiary, they have not been estimated to exceed the maximum amount of the credit set out in the call, indicating the score (a) to each of them on the basis of the assessment criteria laid down in the same.

7. The proposals for interim and final resolution and the resolution of the procedure for granting financing will be published in the electronic headquarters of the Ministry of Industry, Energy and Tourism. Additionally, each beneficiary will receive notice of such publications by e-mail, according to the data entered on the application form.

8. The maximum period for the decision of the procedure and its notification is six months from the day on which the application was lodged. If the competent authority to resolve such a decision has not been notified, the parties concerned shall be entitled to understand the request.

9. The financing granted will be published in the "Official State Gazette", in accordance with the provisions of Article 30 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, 21 of July.

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

Twenty-second. Modification of the grant resolution.

1. The investments financed must be carried out in the time and form that are collected in the granting resolution. However, where duly justified specific circumstances arise which alter the technical or economic conditions set out in the decision to grant the financing, the beneficiary may request the amendment of the said grant resolution. The granting authority may also agree to an extension of the time limit for the implementation of the investments financed on a justified basis and in accordance with the provisions of this paragraph.

Such a request must be made no later than two months before the end of the period of execution of the investment initially provided for and must be expressly accepted by the body that issued the grant decision, notifying the data subject.

2. The following may be invoked as circumstances which have altered the following technical or economic conditions:

(a) Inappropriateness of the investment project for objective reasons which determine its lack of suitability, consisting of circumstances which have arisen after the granting of the loan and which are not foreseeable with prior to the application of all required diligence in accordance with good professional practice in the design of the project or in the drafting of the technical specifications.

b) Need to adjust the activity to technical, environmental, urban, security or accessibility specifications identified or approved after the award of the loan.

c) Convenience of incorporating technical advances into the activity which would improve it, provided that its availability on the market, in accordance with the state of the art, has been known after the award of the loan.

d) Force majeure or fortuitous case that would make it impossible to execute the performance or project in the initially defined terms.

3. A decision to grant loans may not be amended where the following changes in technical or economic conditions have occurred:

(a) The assumptions in which the amendment has affected the basic characteristics of the performance financed to which the third paragraph of this order refers, and in no case those resulting from the the financial budget of the action shall be reduced by a percentage equal to or greater than that set out in paragraph twenty-3 in order to understand the total non-compliance of the purposes for which the funding was granted.

(b) The assumptions in which the alteration at the time of the loan application would have occurred would have affected the determination of the beneficiary or would be damaging third party rights. However, the alterations related to the merger, absorption and division of companies will be allegable.

(c) Assumptions for the extension of the execution period for projects or actions that do not comply with the limits laid down in Article 70 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Real Decree 887/2006, dated July 21.

4. If, as a result of the modification of the granting decision, an excess of capital is received in the initial concession, the procedure for the recovery of the advance payment plus interest on late payment shall be immediately initiated. from the time of payment to the date on which the refund is agreed, by the amount of the excess.

Twenty-third. Resources.

1. In accordance with Articles 116 and 117 of Law No 30/1992 of 26 November 1992 against decisions of the procedure, which will put an end to the administrative procedure, the body may be brought in for a replacement. the decision, within a period of one month from the day following that of its notification.

Without prejudice to the foregoing, such decisions may be brought before the Chamber of the Administrative-Administrative of the National Court within two months of the day following the date of notification of the same.

2. The interposition of replenishment resources may be made to the Electronic Registry of the Ministry of Industry, Energy and Tourism.

Twenty-fourth. Payment.

1. The payment of the financing shall be conditional on the existence of a record on the part of the managing body that the beneficiary complies with the requirements laid down in this order, as well as those referred to in Article 34 of the General Law of Grants, including: being aware of the compliance with their tax obligations and the social security system, not being liable to be liable for the withdrawal of the refund and the reimbursement of any other loans or advances previously granted from the General Budget of the State.

2. Where the situation of the beneficiary is not recorded in respect of the obligations set out in the previous subparagraph, it shall be required to provide the beneficiary within the maximum period of 10 days from the day following the notification of the request. appropriate certificates, responsible statements or information required. The non-contribution or non-contribution thereof shall entail the loss of the right to the collection of the financing.

Twenty-fifth. Justification, monitoring and control of the performance of the actions.

1. The beneficiary shall provide the supporting documentation of the activities financed under this order within three months of the completion of the action, in accordance with the decision to grant the aid and the successive amendments which could exist.

After the period laid down without the supporting documentation being presented to the competent body, the latter shall require the beneficiary to submit within a period of not more than 15 days, with a warning of that the failure to submit will result in the requirement for the reimbursement and other responsibilities laid down in Law 38/2003, of 17 November, General of Grants.

2. The justification for the performance of the actions financed shall be carried out in accordance with Chapter II of Title II of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, 21 of July and in accordance with Chapter IV of Title I of Law 38/2003, of 17 November, General of Grants.

3. The documentary justification for the performance of the actions financed may be carried out in one of the following ways:

(a) A supporting account with supporting evidence of expenditure, as set out in Article 72 of that Regulation of the General Grant Act.

(b) A supporting account with the contribution of an auditor's report, in accordance with Article 74 of that Regulation. The supporting documents shall also be provided for expenditure and payment.

4. The supporting documentation as well as the detailed instructions and the corresponding forms shall be published in the electronic headquarters of the Ministry of Industry, Energy and Tourism.

All documentation of justification for the performance of the investment activities shall be submitted by electronic means and with advanced electronic signature, in accordance with the provisions of Order EHA/2261/2007, 17 of July, which regulates the use of electronic, computer and telematic means in the justification of subsidies.

The electronic submission of the supporting documentation shall be understood to include both the initial submission, within the period indicated above, and any possible sub-sanctions to be applied to the beneficiaries. by the managing body.

In accordance with the provisions of Chapter II, Article 35, of Law 11/2007, of June 22, of electronic access of citizens to Public Services, interested parties may provide the file with digitized copies of the documents, the fidelity of which to the original shall ensure by the use of advanced electronic signature.

E-filing does not exempt beneficiaries from retaining the originals of the supporting and payment supporting documents, audit reports, etc., in case they are subsequently required by the managing body and responsible for the monitoring or, when carrying out the legally intended control activities, by the General Intervention of the State Administration or the Court of Auditors.

5. The beneficiary shall be subject to the checks carried out by the managing body responsible for monitoring the actions financed, 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 any other applicable rules.

6. In cases where the supporting account takes the form of a supporting account with the contribution of an auditor's report, it shall be in accordance with the provisions of Order EHA/1434/2007 of 17 May approving the rule of action of the auditors in the conduct of the work of reviewing the supporting accounts of grants, in the field of the state public sector, as provided for in Article 74 of the General Law of Grants Regulation.

7. In cases where the supporting account takes the form of a supporting account with the contribution of supporting documents, the verification of such supporting documents may be carried out using sampling techniques to obtain evidence reasonable on the proper implementation of the financing. The selection of the sample, in which the concentration of funding, risk factors and territorial distribution will be taken into account among other aspects, will be the content of the annual action plan to be developed by the body. grant, as set out in Article 85 of the said Regulation of the General Grant Law.

8. The monitoring of investments financed with respect to the fulfilment of the technical and economic objectives (evolution of the developed work, established collaborations, progress made, exploitation of the results achieved, etc.) will also be done through the supporting documentation.

9. The financial returns that could be generated by the funds paid in advance to the beneficiaries will not increase the amount of funding granted.

Twenty-sixth. Non-compliance, reintegrating and sanctions.

1. Failure to comply with the requirements laid down in this order and in the other applicable rules, as well as the conditions which, where appropriate, have been laid down in the relevant award decision, shall result in the loss of the right to recovery of the financing or, where appropriate, prior to the appropriate recovery procedure, to the obligation to return the collected interest plus the corresponding delay interest, at the time of the detection of the non-compliance, in accordance with the provisions of the title II, Chapter I of Law 38/2003 of 17 November, General of Grants and Title III of its Regulation.

2. The provisions of Title IV of Law 38/2003 of 17 November, General of Grants and Title IV of its Rules of Procedure shall apply if the cases of administrative offences relating to grants and aid are met. public.

Violations may be classified as mild, severe or very serious in accordance with Articles 56, 57 and 58 of the General Grant Law. The penalty for non-compliance shall be exercised in accordance with the provisions of Article 66 of the same law.

3. The agreement to initiate the refund procedure shall indicate the cause of the start, the obligations that have been breached and the amount of the financing concerned.

Received notification of the initiation of the refund procedure, the data subject may submit the relevant allegations and documentation, within a period of 15 days.

It shall be for the decision of the file to be passed to the granting body, and the data subject shall be notified within a maximum period of 12 months from the date of the initiation agreement. The decision shall indicate who is the person liable for reimbursement, the non-compliance obligations, the cause of the proceedings between those provided for in Article 37 of the General Grant Act and the amount to be reintegrated with the interests of the delay.

Twenty-seventh. Graduation criteria for possible defaults.

1. The total non-performance of the purposes for which the financing was granted, the realisation of the financing costs, or the obligation of justification, shall give rise to the loss of the right to the recovery of the financing granted and, where appropriate, to the repayment of the advance payment plus interest on late payment from the time of payment to the date on which the repayment is agreed.

2. Where compliance by the beneficiary is closely approximated to the total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments and the conditions for granting the financing, the following criterion is taken into account:

The partial non-performance of the purposes for which the financing was granted, the realisation of the financial investment, or the obligation of justification, will lead to the loss of the right to the recovery of the financing assigned to the beneficiary or, where appropriate, to the repayment of the advance payment plus interest on late payment, in the percentage corresponding to the investment not made or not justified.

3. For the purposes of the above sub-paragraphs, the equivalent of a percentage of less than 60 per cent of the financial investment, and the approximate compliance of the total to the total, shall be considered as a total non-compliance. the equivalent of 60 percent or more.

4. In any case, the extent of the non-compliance will be total in the following cases:

(a) The distortion, inaccuracy or omission in the data provided by the beneficiary who have served as the basis for the concession.

b) Incompliance with the purpose for which the funding was granted.

c) Non-registration in the official records required by the legislation for the development of the funded activity.

Twenty-eighth. Advertising.

Any reference in any means of dissemination to investments financed from the calls resulting from this order must include that they have been financed by the Ministry of Industry, Energy and Tourism, such as Article 18 of Law 38/2003 of 17 November, General Grant.

Failure to comply with this obligation will be considered a minor infringement in accordance with Article 556 (c) of Law 38/2003 of 17 November, General of Grants and will be sanctioned with a fixed penalty in the terms foreseen in the Article 59 of the same law.

Twenty-ninth. Legal regime.

The financial support granted under these rules shall be governed, in addition to the provisions of this order, as appropriate, as provided for in Law 38/2003 of 17 November, General of Grants, and in its Rules of Procedure, approved by Royal Decree 887/2006, of 21 July, in Law 11/2007, of 22 June, of electronic access of citizens to Public Services, in Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, in Law 47/2003 of 26 November, General Budget and the Regulation of partial development of Law 11/2007, of 22 June, of electronic access of citizens to public services, approved by Royal Decree 1671/2009 of 6 November and other provisions that are applicable.

Single transient arrangement. Applications for actions funded from the calls issued under Order IET/818/2012 of 18 April and Order ITC/2366/2011 of 30 August 2011.

Applications for actions funded from the calls issued under Order IET/818/2012 of 18 April and Order ITC/2366/2011 of 30 August 2011 will continue to be governed by those orders and their corresponding calls to completion and closure.

Single repeal provision. Regulatory repeal.

1. Order ITC/2366/2011 of 30 August 2011 laying down the regulatory bases for aid for the implementation of actions in the framework of public policy for the promotion of the competitiveness of strategic sectors is hereby repealed. industrial for the period 2012-2015, without prejudice to the provisions of the previous transitional provision.

2. Paragraph (b) of the fourth paragraph of Order IET/818/2012 of 18 April 2012 laying down the rules governing the granting of aid for the purposes of reindustrialisation is hereby repealed, without prejudice to the provisions of the provisions of the Treaty. previous transient.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State the competence to lay the foundations and coordination of the general planning of economic activity.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, April 11, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.