The granting of regulated aid in these bases falls within the Youth Employment Operational Programme. This initiative of the European Commission intends to launch in the period 2014-2020 new lines of support for young people, of one and another sex, of more than eighteen years and under the age of thirty who do not have any occupation or they are studying or doing a training cycle.

The European Council of 7 and 8 February 2013 proposed a Youth Employment Initiative, which will be eligible for European regions with youth unemployment rates higher than 25 per 100.

The Recommendation of the European Council of 22 April 2013 on the establishment of the Youth Guarantee defines it as a recommendation to the Member States to ensure that all young people, one and the other, are less than Thirty years receive a good offer of employment, continuing education, apprentice training or traineeship within four months after becoming unemployed or completing formal education.

Recommends that in designing this Youth Guarantee System, Member States should be aware of issues of a general nature such as the fact that young people, one and the other, do not constitute a homogeneous group with similar social settings, as well as the principle of mutual enforcement and the need to address the risk of cycles of inactivity.

The European Council subsequently indicated that Member States with access to the Youth Employment Initiative funds should submit a National Guarantee Implementation Plan by the end of 2013. Youth.

In response to the Community Recommendation, the Government of Spain, in coordination with the Autonomous Communities, the social partners and other entities of interest, including the Youth Council Spain agreed on the National Plan for the Implementation of the Youth Guarantee, which was presented to the European Commission on 19 December 2013.

Finally, the National Youth Guarantee System in Spain is regulated for the first time in Chapter I of Title IV of Royal Decree-Law 8/2014 of 4 July of the Approval of Urgent Measures for Growth, the Competitiveness and Efficiency, and it is subsequently set out in Law 18/2014 of 15 October, for the approval of urgent measures for growth, competitiveness and efficiency.

The EOI Foundation has proposed the regulatory bases and will hold the call for grants for the promotion of entrepreneurship, and in this way correct the low percentage of entrepreneurship of the young population in Spain and to allow access to employment through the self-employment of young people, of one and another sex, registered in the National Youth Guarantee System file, under the Youth Employment Operational Programme. Likewise, the additional provision of Law 38/2003, of 17 November, General of Grants (hereinafter the General Grant Law), is applicable to the EOI Foundation.

Calls for these regulatory bases will be co-financed with the European Social Fund and the Youth Employment Initiative (YEI) within the Youth Employment Operational Programme. The co-financing and the conditions required for the co-financing shall be expressly indicated in the calls and shall also indicate that the operations to be supported shall comply with the selection criteria laid down for that programme. Operational.

Law 40/2015 of 1 October of Legal Regime of the Public Sector modified the General Law of Grants in its final provision, granting a new wording to the first paragraph of its additional sixteenth provision, by virtue of which the function of approval of the regulatory bases of the grants awarded by the foundations of the public sector is attributed to the organs of the Administration that exercises the Protectorate of the foundation, in the event that it is not the possible identification of the bodies of the administration which will finance the most corresponding grant.

Since the functions that Article 125 of Regulation (EU) No 1303/2013 attributes to the managing authorities are not related to the approval of the aid regulatory bases, nor is this function found to be Article 4.2 (c) of Royal Decree 343/2012 of 14 February, for which the basic organic structure of the Ministry of Employment and Social Security is developed, attributes to the Administrative Unit of the European Social Fund, corresponds to the Ministry of Education, Culture and Sport the competence of approval of the present regulatory bases, in accordance with the Report issued by the State Advocate General of 1 April 2016.

On the other hand, in compliance with the additional sixteenth provision, first paragraph, of the General Grant Law, by Order IET/326/2016, of 8 March, the EOI Foundation has been granted the mandatory authorization to to grant grants under the European Social Fund and European Regional Development Fund programmes.

In the process of this normative project the report of the State Advocate and the Department's Delegate Intervention has been sought.

In its virtue, I have:

Article 1. Object.

The purpose of these regulatory bases, which comply with the provisions of Article 17 of the General Grant Law, is to establish, in the form of advertising, objectivity and competitive competition, the bases and the conditions for the award of grants in support of the promotion of entrepreneurship for young people, one and the other sex, over 18 years of age and under the age of 30 who do not have any occupation or find themselves studying or carrying out a regulated training cycle, registered in the file of the National Guarantee System Youth.

Article 2. Finality of the aid.

The purpose of these grants is for young people, one and the other, not to be employed, or to be integrated into education or training systems, over the age of 18 and under the age of 30, can start an entrepreneurial project and generate self-employment.

Article 3. The beneficiaries and beneficiaries of the grants.

For the purposes of these bases, they may have the status of beneficiary or beneficiary of the corresponding calls, in the terms that they establish, and provided that they comply with the conditions and conditions required in each case.

1. Entrepreneurs and entrepreneurs who are going to be active as individuals.

2. Entrepreneurs and entrepreneurs who initiate the activity and are set up in legal entities, provided that:

-Constitute a company of the following types: Limited Company of New Company, Community of Goods, Limited Liability Company, Limited Company of Succession Formation.

-Be Administrators and hold at least 51% of the social capital of the entity created.

As from its constitution, the beneficiary or beneficiary of the grant shall be the legal entity.

In all cases the requirements to be met are:

• Be enrolled in the National Youth Guarantee System File and be a beneficiary or beneficiary. The registration process may be requested, in accordance with the provisions of Article 98 of Law 18/2014, of 15 October, either in a telematic form through the headquarters of the Ministry of Employment and Social Security, or in a non-telematic form for the exceptions referred to in that Article. The information as well as the procedure to be discharged into the file, if not already registered, can be found at the following link:

http://www.empleo.gob.es/es/garantiajuvenil/accesoJovenes.html

• The activity may not have been started before the grant application.

• To be found in compliance with tax and social security obligations.

In addition, beneficiaries or beneficiaries must comply with the provisions of Article 13 of the General Grant Law regarding the requirements for obtaining the status of beneficiary or beneficiary.

Entrepreneurs and entrepreneurs will be young, of one and another sex, of more than eighteen years and under thirty, who meet the requirements of Law 18/2014, of October 15, to benefit from a derived action of the National Youth Guarantee System.

The call for grants will regulate the geographical scope of this aid.

Article 4. Obligations of beneficiaries or beneficiaries.

The beneficiaries and beneficiaries must comply with the obligations set out in Article 14 of the General Grant Act, as well as those set out in the calls and the granting resolutions.

The beneficiaries and beneficiaries will be required to publicise the aid received in all relevant documents and activities within the eligible period, expressly mentioning their call and origin and, in their case, co-financing with funds from the European Social Fund, by the Youth Employment Initiative (YEI) within the Youth Employment Operational Programme. In addition, where the beneficiary or beneficiary is a legal person, it shall publish the grant of the aid on its website.

Article 5. Activity object of help and duration.

The activities to be supported will be the beginning of the entrepreneurial activity and the necessary expenses for the development of the activity.

The aid is part of an integrated approach with the addressees in the context of a comprehensive route, which may include, prior to, a training provided by EOI.

Eligible period: 6 months after the formal start of the entrepreneurship activity. It is considered formal initiation of the activity when the beneficiary or the beneficiary is discharged in the Economic Activities Tax (IAE).

Article 6. Concepts that can help.

They are considered to be eligible for aid and therefore eligible expenditure, provided that they are necessary for the development of the project, the costs arising from the implementation of a new business project carried out during the first six months of activity, which are linked to the activity and which may be described or analogous:

• Expenses corresponding to the payment of entry fees per franchise.

• External/advisory collaborations.

• Training programs.

• Business Acceleration Programs.

• Trade missions, participation in fairs.

• Design of the corporate image.

• Design and development of web pages or virtual corporate portals.

• Web positioning.

• Design and manufacture of product and/or service catalogues.

• Development of prototypes of R & D (may include material and fungibles necessary for the construction and development of prototypes).

• Investments in patents and utility models. Rate of application for trademark registration or trade name at national level in the OEPM. (Only first brand and one class). It shall provide an official application form for trademark registration or trade name.

• Expenditure on the constitution of society.

• Certification of management systems and products: quality, environmental, R & D + i, security.

• Adaptation and implementation of personal data protection regulations (LOPD) and adaptation of the website to the law of the services of the society information and electronic commerce (LSSICE).

The following are not eligible expenses:

• Financial expenses.

• Social Security contributions.

• Value Added Tax.

• Civil work, land and buildings.

• Transport vehicles.

• Meals and maintenance expenses, locomotion and travel expenses.

• Indirect costs, understood as those that, by their nature, cannot be directly imputed because they cannot be individualized.

In no case shall the cost of acquisition of eligible costs exceed the market value.

In those eligible elements and whenever possible, it should be indicated: " Project co-financed by 91.89 per 100, by the European Social Fund under the Youth Employment Operational Programme, for the programming period 2014-2020, as well as the Youth Employment Initiative (YEI). "

All calls published after the ESF expenditure eligibility order of the Ministry of Employment and Social Security shall comply with the provisions of that eligibility order in respect of eligible expenditure by the ESF.

Article 7. Mode of help, envelope, and payment.

The EOI Foundation will provide assistance under grant mode up to a maximum of three thousand euros (3,000.00 €) for the beneficiary or beneficiary for the coverage of the economic activity carried out in the following 6 months. from the formal start of the entrepreneurship activity. This amount shall not exceed 75% of the amount of eligible expenditure.

The payment of the grant is made on the basis of justification, at the end of the eligible period, by the beneficiary or the beneficiary of carrying out the activity which is the subject of the aid in accordance with the terms of the Article 6 of this order.

The payment will be conditional on the existence of an EOI record that the beneficiary or the beneficiary meets all the requirements set out in Article 34.5 of the General Grant Act.

The formal commencement of the activity by the beneficiary or the beneficiary shall be carried out within the maximum period of 15 calendar days from the day following the receipt of the notification of the decision granting the grant.

In any event, in order for EOI to make payments, the beneficiary or the beneficiary will be required, in advance, to be accredited to find the current in its tax obligations and in the face of social security. and shall not be liable to be liable for termination of recovery.

The expenditure for the call will be carried out under the Operational Programme "Youth Employment" of the expenditure budget of the EOI Foundation, and will be co-financed by 91.89 per 100 with the European Social Fund, through the Operational Programme of Youth Employment and Youth Employment Initiative (YEI) and the remaining 8.11% will be contributed by the local partner. The appropriation provided for these grants amounts to a maximum of EUR 4,250,000. Each call shall establish the maximum credit and duration of the call.

Article 8. Concession procedure.

The procedure for granting the aid will be the competitive competition procedure provided for in Article 22 of the General Law on Subsidies in accordance with the principles of advertising, transparency, objectivity, equality and non-discrimination. discrimination, effectiveness in meeting objectives and efficiency in the allocation and use of public resources, by means of a single selective call and procedure.

The concession procedure will be in accordance with the General Grant Law and the Royal Decree 887/2006 of July 21, with the characteristics that these regulatory bases establish.

Article 9. Competent bodies.

The Competent Authority for the commencement and resolution of the concession procedure shall be the Director-General of the EOI Foundation.

The Authority for the instruction of the concession procedure will be the Innovation, Entrepreneurs and SMEs Directorate of the EOI Foundation. The Authority may make as its own initiative as many verification actions as relevant.

Article 10. Submission of requests.

Applications will be directed to the EOI Foundation. The formalisation and presentation of the applications and the documentation shall be carried out by the applicant by providing the application form containing the following content:

-Request instance of the beneficiary or beneficiary.

-DNI photocopy.

-Certificate of being enrolled in the National Youth Guarantee System prior to the start of the entrepreneurial activity and being a beneficiary or beneficiary.

-A registration certificate.

-In case of being in possession of the Diploma or Certificate of having made, or being in, training provided by the EOI Foundation.

-Activity and Business Plan descriptive memory, which will include, as a guideline:

Activity.

Business Plan.

Financial Plan.

-Economic assessment of the grant requested. With indication of which items the subsidy is requested, total amount and amount requested for the grant. These items must be collected in the activity memory (Financial Plan)

-Statement responsible for not being incourses in the causes of incapacity to be a beneficiary or beneficiary of the grants provided for in Article 13 of the General Grant Act.

The application form and the documentation will be completed via telematics using the means available at http://www.eoi.es.

The deadline for submission of applications will be the deadline for the corresponding calls.

For the purposes of the assessment process, only the information presented to the in the submission of applications shall be taken into account. If necessary, the EOI Foundation may request further updates of the information contained in these documents.

The consent of the candidates shall also be necessary in the event that it is necessary to verify or obtain from other organs, administrations or suppliers, by electronic means, data provided that they are operative and legally consulted, and which, in accordance with the applicable call and regulations, are relevant to the instruction of the procedure.

Interested and interested parties, when submitting to the calls, accept the receipt of communications by e-mail as a means of notification regarding any matter related to their request. of help.

The applicant shall provide an express declaration that it has not received concurrent grants or, where appropriate, the exhaustive list of other grants, aid, revenue or public or private resources that may affect the compatibility for the same actions to be supported, in accordance with the provisions of Article 33 of Royal Decree 887/2006 of 21 July.

If the documentation provided is incomplete or fails to provide subsable errors, the Instruction Authority will require the interested or interested party so that, within 10 calendar days, the documents will be subsated to the missing or accompanied by the documents. The Court of Justice held that, if it had not, it would be given a withdrawal in the application, in accordance with the provisions of Article 71 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Article 11. Electronic communications.

The communications of all the actions carried out in the procedure for granting the aid regulated in these bases, in their justification and monitoring, and in the possible recovery procedures that may be possible initiate, be carried out by means of telematics, with a valid digital certificate and compatible with the electronic headquarters of EOI, through which you must complete the electronic application form and attach the required documents.

The use of established electronic means will be mandatory for both notification and submission of applications, writing and communications by stakeholders and stakeholders.

Article 12. Procedure instruction.

The instruction of the concession procedure shall comprise, with the particularities to be established in the case of the calls, the following actions:

• Instruction acts understood as all activities defined in article 24.3 of the LGS.

• Request how many reports you deem necessary to resolve. The request shall include, where appropriate, the determining character of those reports which are mandatory.

• Evaluation of requests or requests, carried out in accordance with the criteria, forms and priorities of assessment set out in the call.

Article 13. Evaluation criteria.

The valuation criteria and their weighting that will govern the grant of grants are as follows. Each application shall be individually specified in accordance with the assessment criteria and shall be awarded on the basis of the information presented in paragraph 10 of these bases.

1. Objective criteria (up to 30 points):

Diploma or Certificate of having completed, or being in, training provided by the EOI Foundation in the field of the European Social Fund-funded Programmes (30 points).

2. Criteria subject to value judgment (up to 70 points):

-Business Plan (Up to 60 points).

• subsidised activity (details of items to which the subsidy will be allocated and the contribution of the value of the subsidy to the project). (Up to 20 points).

• Technical and economic feasibility of the project. (Up to 20 points).

• Technical quality of the project. (Up to 10 points).

• Innovation in the business model. (Up to 20 points).

-Projects that promote sustainable development, seeking to minimize the risks of environmental impact (energy efficiency, green economy, renewable energy, low carbon economy, etc.) (Up to 10 points)

In case of equality in scoring, the tiebreaker criterion will be to prioritize the project that you have scored highest in the Business Plan section.

Article 14. Assessment procedure.

The evaluation of the applications corresponds to the EOI Foundation's Grant Selection Commission that will be composed of the following members:

President: Director Intermedia Body.

Vice President: Department Director Employment Young Aid.

Vocal: Legal Advisor.

Vocal: Financial Area Director.

You will also have a Secretary, without the membership, and act with a voice but no vote.

The commission will be validly constituted with the assistance of the President, the Secretary and two vowels.

After the evaluation of the submitted applications, the Selection Commission will issue a report that will result in the evaluation.

Article 15. Resolution.

The Authority of Instruction, in the light of the dossier and of the report of the Selection Committee, will formulate the motion for a resolution which will be final.

Calls may establish a minimum scoring threshold for the beneficiary or beneficiary, on the basis of which all interested and non-interested parties may be excluded from the grant.

Once the motion for a resolution has been raised to the competent authority to resolve, it will dictate the resolution of the procedure, which should be motivated.

The maximum time limit for the decision of the procedure and its notification shall be that determined in the corresponding calls, the time limit, which may not exceed the six months provided for in Article 25.4 of the Law. General of Grants. The expiry of the maximum period without having been notified of the legitimate resolution to the interested and interested parties to understand the request for administrative silence dismissed.

The grant resolution must contain at least:

-The ratio of the applicants to whom the aid is granted, in which the identification of the action is indicated, the amount granted to each applicant and the mode of aid, as well as the express dismissal of the other applicants requests.

-The resource regime.

In the motion for a resolution, the EOI Foundation will indicate the order of priority, based on the number of points obtained, the beneficiaries and beneficiaries for which the grant of aid is proposed.

The resolution of the call will be notified to the interested and interested by email so that there is a strong record of the receipt of the notification and will be made public on the website of the EOI Foundation: http://www.eoi.es http://www.eoi.es. Once the final decision has been notified, the final decision shall be deemed to be accepted unless it is communicated that it expressly disclaims within the maximum period of 10 days from the notification of the grant.

The resolution of the Director-General of the EOI Foundation shall be subject to appeal by the President of the EOI Foundation within one month of the notification. Likewise, the decision given by the President shall be subject to the application of a replacement or an administrative dispute within two months of the notification to the Central Courts of the administrative dispute, in accordance with the provisions of the Article 9c of Law 29/1998 of July 13, regulating administrative litigation jurisdiction.

In case there are more potential beneficiaries or beneficiaries than budget credit, grants will be awarded to applicants who have obtained the highest score up to the maximum credit limit of the call and up to depleting the credit.

A list of eligible beneficiaries and beneficiaries will be established, so that in case of waiver of the grant of any beneficiary or beneficiary it is not necessary to open a new call and will be granted the following applicant.

Article 16. Modification of the resolution.

The actions shall be implemented in accordance with the terms and deadlines for implementation as determined in the decisions to be granted. However, where specific circumstances arise which alter the essential technical or economic conditions taken into account for the granting of the aid, the beneficiary or the beneficiary may request the amendment of the resolution of the Concession, in particular:

1. Any alteration of the conditions under consideration for the grant of the grant.

2. The concurrent procurement of other grants, aid, revenue or resources for the same purpose from any public or private administration or entity; national, European Union or international bodies.

The beneficiary or the beneficiary may request EOI, for duly substantiated reasons, and always immediately for the occurrence of the circumstances that motivate it and before the end of the period for the (a) the implementation of the subsidised activity, the modification of the grant decision which will be authorised when it brings cause under unforeseen circumstances or are necessary for the good purpose of the action, provided that the object is not altered; or purpose of the grant and no rights of third parties are harmed.

Requests for amendment of the resolution shall be submitted to the competent authority for the instruction of the concession procedure in EOI. That body shall issue a report on the application indicating its proposal on the amendment of the resolution, which it shall forward to the Director-General of EOI. The Director-General of EOI may amend the concession resolution of its own motion, on the basis of the report indicated.

The deadline for resolving this request will be 15 working days from the day following the receipt of the request by EOI. In the event that EOI does not express an express opinion within that period, the application shall be deemed to be rejected by negative administrative silence.

Article 17. Justification.

The acceptance of the grant by the beneficiaries and beneficiaries implies the acceptance of the rules laid down in these bases, those laid down in Regulations (EU) 1303/2013 and 1304/2013, of the European Parliament and of the Council of 17 December 2013 laying down common provisions for the Structural Funds and the European Social Fund, respectively, and other existing rules applicable to them.

They shall also be required to provide the information required by the EOI Foundation, the IGAE or other competent body and shall also be subject to the control and verification of the competent Union bodies. European, the Social Fund Administrator Unit.

In the case of expenditure on operations financed by the European Social Fund, it is established that the obligation to provide information shall be extended for up to three years from 31 December following the date of the presentation of the accounts in which the expenditure of the operation is included, in accordance with Article 140.1 and 2 of Regulation 1303/2013 of the European Parliament and of the Council. Those accounts are the ones to be submitted by the Certification Authority to the European Commission where appropriate.

The beneficiaries and beneficiaries must complete the information on the indicators for the Realisation and Results of the co-financed actions, as provided for in Annex I and Annex II for the performance indicators of the YEI of Regulation (EU) 1304/2013 and the fulfilment of the requirements of the Youth Employment Operational Programme requested by the EOI Foundation at the appropriate time. In the case of non-compliance, the grant shall be reimbursed.

Similarly, the beneficiary or beneficiary shall be obliged to provide the following of an appropriate audit trail in respect of the execution of the operations entrusted to it, in order to identify the total amounts co-financed certificates to the European Commission, with the accounting records of expenditure and their supporting documents, as well as verification of allocation and transfer.

In relation to the concurrence of different sources of funding, point 11 of Article 65 of Regulation (EU) 1303/2013, of the European Parliament and of the Council of 17 December 2013, which conditions the financing of the operation with other European Union funds.

Grant beneficiaries will have to make a simplified supporting account by providing the following documentation:

Supporting performance memory.

Classified relationship of the expenditure and investments of the activity, with the identification of the creditor and the document, its total amount, amount of subsidy, date of issue and date of payment, with presentation of invoices and other documents of equivalent probative value with validity in commercial legal traffic or with administrative efficiency.

Detail of other income or subsidies that have financed the subsidised activity with an indication of the amount and its provenance.

Photocopy of the census declaration of the high of the developed activity (model 036 or 037), where the date of the start of the activity is shown.

Work Life Report updated to the project justification submission date.

Certificate issued by the General Treasury of Social Security accredited that you are aware of your social contributions.

Certificate issued by the State Tax Administration Agency to be aware of the payment of tax obligations.

In case of a corporation, copy of the NIF, of the Constitution, Statutes and powers of the legal representative.

Any alteration of the conditions under consideration for the grant and, in any event, the concurrent obtaining of grants or the application of other funds for the same purpose and purpose, must be communicated by the the beneficiary or the beneficiary, who shall provide in the justification a responsible statement indicating the application of such funds, the amounts and the entity, in accordance with the provisions of Article 30.4 of the Law General of Grants and Article 65 of Regulation (EU) 1303/2013 of the European Parliament and of the Council of 17 December 2013.

The deadline to provide the supporting account will be 60 calendar days from the end date of the grant period.

Article 18. Follow-up of the actions.

The EOI Foundation will be able to track the work developed by the entrepreneur. To this end, it may seek expert advice on the specific subjects deemed necessary.

Article 19. Check and control actions.

The beneficiary or beneficiary shall be subject to the verification measures to be carried out by the EOI Foundation, as well as to the control by the General Intervention of the State Administration and the Court of Auditors and, in their case, by the European Commission and the Administrative Unit of the European Social Fund, in accordance with the rules on the management of aid financed from the European Union's Funds.

Article 20. Refit.

The recovery of the aid received will proceed as well as the corresponding interest on late payment in the cases provided for in Article 37 of the General Law on Subsidies, and this will be governed by the provisions of Title II of the same.

The loss of the right to full or partial recovery of the aid may be incurred, and the total or partial refund of the amounts received when the non-compliance is apparent, from the moment of the concession or in form (a) the conditions for obtaining the status of a beneficiary or beneficiary as laid down in Article 13 of the General Law on Subsidies, where applicable, as laid down in Articles 18 et seq. of Royal Decree 887/2006, 21 of July.

Article 21. Infringements and penalties.

The applicable administrative sanctions and violations regime shall be as set out in Title IV of the General Grant Act.

Article 22. Applicable rules.

In everything that is not foreseen in the regulatory bases or in the respective calls will apply the provisions of the General Law of Grants and the Royal Decree 887/2006, of July 21, and the current rules will be application.

Single end disposition. Entry into force.

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

Madrid, 3 August 2016.-The Minister of Education, Culture and Sport, Iñigo Méndez de Vigo and

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