The State Plan for Scientific and Technical Research and Innovation 2013-2016 (State Plan I + D + I), approved by the Agreement of the Council of Ministers at its meeting on 1 February 2013, has the character of a Strategic Plan to which it is Article 8.1 of Law 38/2003 of 17 November, General of Grants, constitutes the instrument of programming that allows the development, financing and execution of public policies of the General Administration of the State in the field of promotion and coordination of R & D + I.

In compliance with the provisions of Law 14/2011 of June 1, of Science, Technology and Innovation, the State Plan I + D + I collects in its structure and, through the State programs, the objectives of the Strategy Spanish Science and Technology and Innovation, taking into account, in addition, the characteristics of the agents of the Spanish System of Science, Technology and Innovation (the System).

In its preparation, the objectives to be achieved have been set, as well as the indicators for monitoring and impact of the results, the evolution of which will be followed by its quantification in the corresponding programme of annual performance. This will make it possible to establish the proper assessment of the management carried out, since the data offered in the follow-up work will make it possible to determine the degree of compliance of the previously established objectives.

The State Plan I + D + I has a strong international orientation, and this is reflected in a good part of the actions of the State Program of Business Leadership in R & D + I (State Program), which should contribute both to promote the leadership of the system's resources at international level, as well as to increase its involvement in international and European Union initiatives.

In addition, the State Plan I + D + I has been conceived as a dynamic element, with the capacity to adapt to the changes of the Spanish System of Science, Technology and Innovation so that, through the annual action plans, they can update the state programmes of the said Plan.

The State Plan I + D + I is developed through four state programmes, in which, grouped by sub-programmes with specific objectives, annual and multi-annual actions are envisaged to be carried out, mainly, by means of calls for competitive competition. These sub-programmes provide for the different modalities of participation and funding instruments included in the State Plan I + D + I to achieve the specific objectives of each sub-programme.

These programs are: the State Program for the Promotion of Talent and its Employability; the State Program for the Promotion of Scientific and Technical Research of Excellence; the State Program for Impuling Business Leadership in I + D + I and the State R & D + I Programme Oriented to the Challenges of Society.

The State Enterprise Leadership Programme in R & D + I is dedicated to boosting the ability to execute R & D + I activities by business agents, as well as to facilitate the development and dissemination of technologies. a cross-cutting key and to promote public-private partnership, thus promoting the transfer and circulation of knowledge and its applications.

The main objective of this program is to make Spanish companies more competitive by generating and incorporating knowledge, technologies and innovations aimed at improving processes and the creation of technologically advanced products and services of greater added value.

Likewise, this State Program, together with the actions specifically designed to achieve the specific objectives of each of the Subprograms, includes a set of actions that are crucial for the creation and the consolidation of a financial environment favourable to R & D & I, in particular for SMEs, and the transfer of knowledge between enterprises, both intra-sectoral and inter-sectoral, and between the academic and business world. In turn, it seeks to strengthen the role of large domestic and foreign companies as a driving force for investments in R & D & I and for SMEs and the internationalisation of business and market-oriented R & D & I activities.

The State Enterprise Leadership Programme in R & D + I is made up of three sub-programmes, which are the subject of this order: the State R & D + I Sub-programme, the State Subprogramme of Enabling Technologies and the Subprogramme State of R + D + I collaborative oriented to the demands of the productive fabric. This order constitutes the common regime applicable to all of them.

Giving compliance to the provisions of Article 17.1 of Law 38/2003 of 17 November, this order of regulatory bases is issued for the granting of public aid to finance the actions of the sub-programmes. state.

These regulatory bases have been developed to allow the calls given in their development to detail the specific characteristics of the different types of aid, providing them with a legal framework. common to help rationalise, systematise and simplify public R & D & I aid as provided for in the State Plan I + D + I.

Moreover, in order to contribute to the simplification of legislation, the regulatory bases of the aid of the aforementioned sub-programmes, which are the responsibility of the Secretariat of the State of Research, Development and Innovation of the Ministry of Economy and Competitiveness.

The regulatory bases are addressed to different potential beneficiaries, both in the public and private sectors, subject to differentiated regulation, in particular as regards the state aid rules of the European Union. For this reason, and to make it easier for each beneficiary to identify the rule that applies to it, the order has been divided into two titles. The preliminary title contains the provisions common to any type of beneficiary.

The title is first divided into two chapters: Chapter I, which includes the specific provisions for aid whose beneficiaries are entities that have the consideration of research bodies in particular Community rules; and Chapter II, which contains the provisions which undertakings and entities not falling within the scope of Chapter I must follow in order to obtain the aid.

According to the provisions of Article 10 of Royal Decree 345/2012 of 10 February, for which the basic organic structure of the Ministry of Economy and Competitiveness is developed and the Royal Decree 1887/2011 is amended, December, establishing the basic organic structure of the ministerial departments, corresponds to the Secretariat of State for Research, Development and Innovation to exercise the functions provided for in Article 14 of Law 6/1997, April 14, Organization and Functioning of the General Administration of the State, in the scope of its competences in the field of scientific and technical research, development and innovation.

This order is dictated by the exclusive competence of the State in matters of promotion and general coordination of scientific and technical research, established in Article 149.1.15. According to Article 17 of Law 38/2003, of 17 November, a favorable report of the State Advocate and of the Delegation in the Ministry of Economy and Competitiveness has been approved. In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

PRELIMINARY TITLE

Common Provisions

CHAPTER I

Object, definitions, and purpose

Article 1. Object and scope of application.

The purpose of this order is to establish the regulatory basis for the granting of public aid from the State Enterprise Leadership Program in R & D + I, in the framework of the State Plan for Scientific and Technical Research and Innovation 2013-2016 (State Plan I + D + I).

The actions to be funded under this order will be framed within any of the following state subprograms:

a) State R & D + I Business Sub-programme.

b) State Subprogramme of Essential Facilitating Technologies.

c) State R & D + I Collaborative Oriented Productive Fabric Demands.

Article 2. Definitions.

For purposes of this order the following definitions are set:

(a) Research and dissemination body (research body): any entity (e.g. universities or research centres, technology transfer bodies, innovation intermediaries, etc.). actual or virtual collaborative research entities), regardless of their legal personality (public or private law) or their form of financing, which meets the following conditions:

1. The main objective is to carry out fundamental research, industrial research or experimental development, or to disseminate widely the results of these studies by means of teaching, publishing or knowledge transfer;

2. which, when it also performs, in addition to non-economic activities, economic activities, financing, costs and the respective revenue, are reported separately, and

3. that undertakings which may exercise influence in such an entity, for example, as shareholders or members, do not enjoy preferential access to the research capacity of the research body or to the results of research that you generate.

(b) Small and medium-sized enterprises (SMEs): category defined in Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the market pursuant to Articles 107 and 108 of the Treaty, published in the Official Journal of the European Union, L187 of 26 June 2014 (General Block Exemption Regulation).

(c) Small business: within the category of SMEs, a company that occupies less than 50 people and whose annual turnover or annual balance sheet does not exceed EUR 10 million.

(d) Microenterprise: within the category of SMEs, a company that occupies less than 10 people and whose annual turnover or annual balance sheet does not exceed EUR 2 million.

e) Mediana enterprise: a company which, belonging to the category of SMEs, is not included in the definition of points (c) and (d)

f) Large enterprise: company not covered by the SME definition.

g) Single business: the set of companies that maintain, directly or through other companies, at least one of the following links to each other:

1. a company holds the majority of the voting rights of shareholders or partners of another company;

2. a company has the right to appoint or revoke the majority of the members of the board of directors, management or control of another company;

3. a company has the right to exercise a dominant influence over another, under a contract concluded with it or a statutory clause of the second undertaking;

4. a company, shareholder or associate, controls alone, by virtue of an agreement concluded with other shareholders or partners of the second, the majority of the voting rights of its shareholders.

h) Aid intensity: is the gross amount of aid expressed as a percentage of eligible costs, before any tax deduction or other charges. Where the aid takes any form other than the subsidy, the aid intensity shall be the gross grant equivalent of the aid expressed as a percentage of the eligible costs.

i) Gross grant equivalent: in aid granted in a different form from the subsidy, it is the amount of aid if it had been granted in the form of a subsidy, before any tax deduction or other charges. For its calculation, the method set out in the Commission Communication on the revision of the method for setting the reference and discount rates (2008/C 14/02) will be followed. Its value must be updated at the time of the granting of the aid, even if the payment of the aid to the beneficiary is made in several instalments. The interest rate to be used for updating purposes shall be that defined in that same Communication.

j) Fundamental research: the experimental or theoretical work undertaken with the primary objective of acquiring new knowledge about the underlying fundamentals of the phenomena and observable facts, without being foreseen a direct commercial application or use.

k) Proof of concept: initial demonstration works intended to verify the feasibility of a method, concept or theory, identify the route of development of these concepts and their potential commercial exploitation in phases later.

l) Industrial research: planned research or critical studies aimed at acquiring new knowledge and skills that may be useful for developing new products, processes or services; or allow the existing to be significantly improved. It includes the creation of complex system components and can include prototyping in a lab environment or in an environment with simulated interfaces with existing systems, as well as pilot lines, when needed for the industrial research and, in particular, for the validation of generic technology.

m) Experimental development: the acquisition, combination, configuration and use of existing knowledge and techniques, of a scientific, technological, business or other type, with a view to the production of products, new or enhanced processes or services. It may also include, for example, conceptual definition activities, planning and documentation of new products, processes or services. Experimental development may include prototyping, demonstration, pilot project development, testing and validation of new or improved products, processes or services in environments representative of real conditions. operation, provided that the main objective is to bring new technical improvements to products, processes or services that are not substantially settled. It may include the development of prototypes or pilot projects which may be commercially used when they are necessarily the final commercial product and their manufacture is too onerous for their exclusive use for demonstration purposes and validation. The experimental development does not include the usual or periodic modifications made to products, production lines, manufacturing processes, existing services and other ongoing operations, even if such modifications can represent improvements to them.

n) Feasibility studies: the assessment and analysis of the potential of a project, with the aim of supporting the decision-making process in an objective and rational way by discovering its strengths and weaknesses, and its opportunities and threats, as well as determining the resources needed to carry it out and, ultimately, their prospects for success.

n) Innovation in processes and innovation in the field of organisation: the application, respectively, of a new or significantly improved production or supply method (including significant changes in terms of

a) technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, technical, and

These concepts are not included: minor changes or improvements, increased production or service capabilities by introducing manufacturing or logistics systems very similar to those already in place. used; changes based on organizational methods already used in the company, changes in management strategy, mergers or acquisitions; abandonment of a process, mere replacement or capital increase, changes exclusively derived from factor price variations, custom production (customisation), adaptation to local markets, periodic changes of a seasonal nature or other cyclical changes and trade in new or significantly improved products.

(o) Economic activities: those activities that consist of offering goods or services in a given market, regardless of the legal and financing form of the entity, even where there is no profit motive.

p) Non-economic activities of research organisations: those primary activities which do not consist of the supply of goods and/or services in a given market. They include, among others:

1. Public education to achieve more qualified human resources, within the national education system, financed predominantly or entirely by the State and supervised by the State;

2. the implementation of independent R & D for the improvement of knowledge, including in cooperation, excluding the provision of R & D services or R & D carried out on behalf of enterprises;

3. the wide dissemination of research results in a non-discriminatory and non-exclusive way, for example through teaching, open access databases, open publications or open computer programs;

4. in addition, knowledge transfer activities, when carried out either by the research body or the research infrastructure (including its departments or subsidiaries) or jointly with other entities of the same nature, or on behalf of those entities, and when all the profits generated by them are reinvested in primary activities of the research body or the research infrastructure. The non-economic nature of these activities shall not be affected by the subcontracting to third parties of the provision of the corresponding services by public tender.

For the purposes of this order, where the research body or the research infrastructure is used almost exclusively for non-economic activity, all of its activities shall be deemed to be non-economic. economic activities when the economic activities consume exactly the same inputs (as material, equipment, labour and fixed capital) that the non-economic activities and the capacity allocated each year to these economic activities does not exceed the 20 percent of the total annual capacity of the entity concerned, and whenever its use is purely ancillary, that is to say, it corresponds to an activity which is directly related to its operation or is necessary for the functioning of the research body or the research infrastructure or closely linked to its principal non-economic use, and is limited in scope.

q) Companies in difficulty: those defined as such in point 2.2 of the European Commission's Communication on the Guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (2014/C 249/01), published in the Official Journal of the European Union, C249 of 31 July 2014, in which at least one of the following conditions is present:

1. in the case of a capital company, where more than half of its registered capital has disappeared as a result of the accumulated losses; what happens when the deduction of the accumulated losses of the capital reserves (and of all other elements which are usually considered as own funds of the company) leads to a negative cumulative amount exceeding half of the subscribed capital. For the purposes of this provision, 'capital company' refers to the public limited liability company, the trading company for shares, and the limited liability company; and 'equity' includes, where applicable, all allowances;

2. in the case of a company in which at least some partners have unlimited liability for the debt of the company, when it has disappeared for the accumulated losses more than half of its own funds in their accounts. For the purposes of this provision, "a company in which at least some members have unlimited liability for the debt of the company" refers to the collective society and to the company in simple comandita;

3. when the company is immersed in a bankruptcy or insolvency proceedings or meets the criteria set out for a bankruptcy procedure;

4. in the case of a company other than an SME, where during the previous two years the debt-to-equity ratio of the company has been higher than 7,5, and in the same period the interest-rate ratio of the company, calculated on the basis of EBITDA (of the English Earnings Before Interests, Taxes, Depreciation and Amortizations; in Spanish, earnings before interest, taxes, depreciation and amortization), has been located below 1.0.

SMEs with less than three years of age will not be considered to be in crisis unless they meet the condition of paragraph

.

(r) Reimbursable advance: means of support consisting of the granting, by the granting authority, of a loan which will be amortised to the receipt of the grant from the European Union's Structural Funds. In this way, the beneficiary is allowed to obtain anticipated resources for the performance of his/her performance. The subsidy from the Structural Funds will be made available once the activity has been carried out, in accordance with the terms of Community legislation. Their release shall be made in formalization, applying to the repayment of the repayable advance, without physical outflow of funds.

s) Loan: means of support consisting of the delivery to the beneficiary of a quantity of money up to a specified limit and for a specified period of time, acquiring the obligation to return the capital more interest to be determined within a period of time and according to an established repayment schedule.

t) Financial credit: means of support consisting of making available the beneficiary of a sum of money, without giving the funds, up to a specified limit and for a specified period of time, in a manner which may make use of it in the light of its liquidity needs, and shall pay the relevant interest on the capital actually used.

(u) marginal costs: those costs which originate exclusively and directly from the development of the activities corresponding to the performance of the actions, including the costs of acquiring inventory material, with the exception of the costs of own staff and the costs of the depreciation of tangible fixed assets with public funds.

v) Total costs: those costs which, in addition to the above, include the proportional share of the costs of own personnel and the costs of depreciation of tangible fixed assets, and other expenses, provided that they are clearly assigned to the development of the performance.

w) Research infrastructure: facilities, resources and related services used by the scientific community to carry out research in their respective sector. This definition covers the assets of scientific equipment or instruments, knowledge-based resources such as collections, archives or structured scientific information, the instrument-based infrastructure based on technologies of the information and communication, such as network, computing, software and communications, or any other single entity required to carry out the investigation. Infrastructures can be found in one place or be decentralized (an organized network of resources).

(x) R & D project: any operation involving activities covering one or more categories of research and development defined in this order, and which aims to carry out an indivisible task of an economic, scientific or precise technical objectives with clearly defined objectives in advance. An R & D project may consist of several tasks, activities or services, and includes clear objectives, activities to be carried out in order to achieve those objectives (including their expected costs), and concrete results to identify the these activities and compare them with the relevant objectives. Where two or more R & D projects are not clearly separable from one another and, in particular, where they do not have independent probabilities of technological success, they shall be considered as a single project.

and) International R & D & I Project: a project carried out by the beneficiary or beneficiaries in an international action, which has been the subject of an evaluation and selection by an international committee in the framework of the European Research Area (ERAnets, Joint Programming Initiatives-JPI, Joint Technology Initiatives-JTI, etc) or an international agreement, in which the Spanish side receives the funding through an aid within the framework of the order.

z) Pre-commercial procurement: public procurement of research and development services where the contracting authority or contracting entity does not reserve all the results and benefits of the contract exclusively for the purposes of to use them in their own affairs, but to share them with the providers under market conditions. The contract, the subject of which shall be limited to one or more categories of research and development defined in this Framework, may include the development of prototypes or limited volumes of the first products or services, in the form of test series. The purchase of volumes of products or commercial services must not be the subject of the same contract.

z bis) Innovative enterprise: any company that meets at least one of the following requirements:

1. to be able to demonstrate, through an evaluation by an external expert, that they will develop, in the foreseeable future, new or substantially improved products, services or processes in comparison with the state of the technical in their sector and which carry an implicit risk of technological or industrial failure, or

2. that it has research and development costs that represent a minimum of 10% of the total of its operating costs for at least one of the three years prior to the granting of the aid. If this is a new company with no financial history, this condition must be met in the current fiscal year, in accordance with the certification of an external auditor.

z ter) Enterprise of the Technology Base, a commercial company whose social object is the realization of one of the following activities:

1. Research, development or innovation.

2. The realization of proof of concept.

3. The exploitation of patents of invention and, in general, the cession and exploitation of the rights of industrial and intellectual property.

4. The use and use, industrial or commercial, of innovations, scientific knowledge and results obtained and developed by such agents.

5. The provision of technical services related to their own purposes.

Article 3. Purpose of the aid.

The purpose of this order, in accordance with the general objectives of the State Programme, is to ensure that Spanish companies increase their competitiveness through the generation and incorporation of knowledge, technologies and innovations aimed at improving processes and the creation of technologically advanced products and services with greater added value. The aim is to promote the implementation of R & D & I activities by business actors, as well as to facilitate the development and dissemination of key cross-cutting technologies and public-private partnerships, thereby promoting the development of the transfer and circulation of knowledge and its applications.

The aids have the following specific objectives, distributed by sub-programs:

a) State R & D + I Business Sub-programme: to increase, extend and systematize investments and the execution of R & D activities, as well as to promote innovation as part of the competitive strategy of companies.

The boost to R & D + I activities of companies, both sectors or segments of high technological content and those considered traditional or mature and, especially, those that have a strategic character in the Spanish economy by its specific weight, including tourism, the automotive sector, rail transport, shipbuilding, the aerospace industry, the agri-food sector, the security industry, the activities linked to advanced infrastructure and construction, the chemical sector, the sector pharmaceutical, energy, machine tools, equipment, clothing and other traditional manufacturing sectors.

b) State-based Subprogram of Impuling to Essential Facilitating Technologies: supporting the advances and diffusion of the Essential Facilitating Technologies that include, among others, photonics, microelectronics and electronic nano, nanotechnologies, advanced materials, biotechnology, information and communications technologies, or a combination of the above. In addition, the essential enabling technologies applicable to the specific features of the Spanish production fabric, in which tourism, the cultural goods industries as well as the provision of public services and services are highlighted, are also added. personal.

c) State R + D + I Collaborative Oriented Productive Fabric Demands: to increase the application to new processes, products and services of scientific and technical knowledge and innovations obtained as result of collaboration in R & D & I between universities, public research bodies and public R & D centres and private R & D + I business agents and centres close to the market; promote public-private partnership, with special attention to SMEs, among the agents of the Spanish Science System, Technology and Innovation to facilitate the orientation of research to the medium and long-term needs of the productive fabric.

CHAPTER II

Beneficiaries

Article 4. Beneficiaries.

They may have the status of beneficiaries in the corresponding calls made under this order, in the terms that they establish and provided that they meet the requirements of this order according to the legal nature of such beneficiaries:

(a) The following legal persons who are validly constituted and have a tax residence or permanent establishment in Spain:

1. Public Research Bodies defined in Article 47 of Law 14/2011, of June 1, Science, Technology and Innovation.

2. º public universities, their university institutes, and private universities with demonstrated capacity and activity in R & D + I, in accordance with the provisions of the Organic Law 6/2001, of 21 December, of Universities, which are registered in the Register of Universities, Centres and Titles, created by Royal Decree 1509/2008 of 12 September, which regulates the Register of Universities, Centres and Titles.

3. Other public R & D centres: public bodies and centres with legal personality which are themselves dependent on or linked to the General Administration of the State, and those which are dependent on or linked to public administrations territorial and their bodies, or mainly involved in the public sector, whatever their legal form.

4. Public and private health institutions and institutions linked to or concerted with the National Health System, which develop research activities.

5. Institutes of health research accredited in accordance with the provisions of Royal Decree 339/2004 of 27 February on the accreditation of institutes of health research, and complementary standards.

6. Other public and private non-profit entities that perform and/or manage R & D + I activities, generate scientific or technological knowledge, facilitate their application and transfer or provide support services to the innovation to enterprises.

7. Business.

8. State-wide technology centres and State-level technological innovation support centres which are registered in the register of centres set up by Royal Decree 2093/2008 of 19 December 2008 on the The Technology Centres and the State-wide Technology Innovation Support Centres and the Registry of such Centres is created.

9. Group or business associations: Economic Interest Groupings (IEA); non-profit sector-specific business associations that engage in their projects and R + D + I activities for their sector.

10. Innovative business clusters, active in specific sectors and regions, whose aim is to stimulate innovative activity through the promotion of shared use of facilities and the exchange of theoretical and practical knowledge, as well as through the effective contribution to the transfer of knowledge, the creation of networks, the dissemination of information and the collaboration between companies and other organisations in the pool.

11. Other organisations providing support for technology transfer, or dissemination and dissemination of technology and science.

12. Other private R & D + I centres having defined in their statutes the R & D + I as the main activity.

13. Technology Base Companies.

14. Innovative companies.

15. Sectoral business associations.

b) Business Temporary Unions (UTE).

Article 5. Plurality of beneficiaries.

1. Pursuant to Article 11.2 of Law 38/2003 of 17 November, General Grants, the condition of the beneficiary may be applied to the associated members of the beneficiary who undertake to carry out all or part of the activities which the aid is to be granted in the name and on behalf of the beneficiary, in the case of a legal person. Associate members are those who have a non-contractual relationship or relationship with the beneficiary, which is included in their statutes, in public deed or in an analogous document of incorporation.

2. In accordance with Article 11.3 of Law 38/2003 of 17 November, groups of legal persons, both public and private, may have the status of a beneficiary who, even though they have no legal personality, can carry out the projects, activities or behaviour, or which are in the situation that motivates the concession.

3. The persons referred to in this Article shall belong to one of the categories listed in Article 4, and shall comply with the requirements to be laid down for the beneficiaries.

Article 6. Collaborating entities.

1. They may obtain the status of a contributing entity, provided that they comply with the requirements laid down in Article 13 of Law 38/2003 of 17 November, the bodies and other entities governed by public law.

2. Those entities, with which the corresponding collaboration agreement will be formalized, in accordance with Article 16 of the law referred to above, may carry out, in whole or in part, the management of the aid, or make delivery to the beneficiaries of the funds received.

Article 7. Obligations of the beneficiaries.

1. The beneficiaries must comply with the obligations laid down in Article 14 of Law 38/2003 of 17 November, and the concordant ones included in the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, dated July 21.

2. The beneficiaries must give publicity to the aid received in the service and employment contracts, as well as in any other agreement or contract relating to the performance of the action, including subcontracting, and aid, publications, presentations, equipment, inventory material and dissemination of results financed with them, expressly mentioning their origin and, where appropriate, co-financing with the European Union's Structural Funds. In addition, they must publish the grant of the aid on their website.

In the event that the action is co-financed, the means of dissemination of the aid granted under this order, as well as its relevance, must be at least analogous to the employees in respect of other sources of funding.

3. Where the aid is granted to the research bodies defined in Article 2 (a) for non-economic activities as defined in Article 2 (p), and the results are not susceptible to the protection of industrial property rights or intellectual, the beneficiaries will have to publish a digital version of the scientific publications resulting from the actions financed under this order in open access, without prejudice to the agreements of transfer to third parties of the rights to publications, in accordance with the provisions of Article 37 of Law 14/2011 of 1 of June.

CHAPTER III

Financiable Activity

Article 8. Activities object of help.

1. When the objective of the action requires it, it may be developed:

a) On an individual basis.

b) By multiple beneficiaries, in any of the following ways:

1. Coordinated, when the different beneficiaries involved in the performance are directly and individually related to the Administration, both in the concession procedure and subsequently to the resolution of the same, without prejudice to the provisions of Article 19.4 on the assessment.

2. º In cooperation, as provided for in Article 5.2, when the beneficiaries are represented by one of them, who will be the interlocutor to the Administration, and will channel the corresponding relationships with this.

2. For the purpose of the aid, and in the field of the State Enterprise Leadership Programme in R & D + I, the calls may finance, in whole or in part, the actions referred to in the relevant State sub-programmes of I + D + I Business, from Impulse to the Essential Facilitating Technologies, and I + D + I Collaborative oriented to the Demands of the Productive Fabric, which will include, among others, the following activities:

(a) R & D + I projects, which may be implemented by one or more companies. The projects will be the result of the business initiative, including those that have their origin in regional or inter-regional business consortia, as well as in international technological collaboration, both multilateral and bilateral. Business R & D projects will be able to provide for the participation of public R & D actors for the implementation of specific work packages within the objectives set out.

b) R & D + I projects oriented to the development and dissemination of Essential Facilitating Technologies, including those projects which, having an exploratory character, are close to the market.

c) R & D & I projects developed in collaboration between public sector and private sector actors, aimed at the implementation of the results of R & D + I activities and promoting the application of knowledge generated, facilitate transfer processes, and increase the social and economic impact of such results.

(d) Innovation and technological modernisation projects, in order to increase the technological absorption capacity of enterprises, especially SMEs, through the adaptation and active assimilation of knowledge, as well as the technological modernization by incorporating technology into mature sectors.

e) New business projects of innovative companies, requiring the use of technologies or knowledge developed from research activity, and in which the business strategy is based on the development of technology.

(f) Complementary actions to finance those activities necessary for the achievement of results and the recovery of those activities not covered by R & D + I projects.

g) Dynamisation actions to finance, among others: (1) the internationalisation of R & D & I business activities; (2) support for R & D & I networks and structures improving cooperation, coordination and dialogue Among the system's agents and provide the agents with information, guidance and advice to facilitate access to public and private funding both national and international, support the search for technology partners and investors and the provision of advanced technological services; (3) the initial costs for the (4) the protection and exploitation of knowledge and results, which are not covered by R & D projects, favouring their transfer; (5) the exploitation of the results of the results; (5) (6) the promotion of scientific culture and innovation in Spanish society; (7) the dissemination of scientific and innovation results, (8) seed capital measures for the support of start-up of new basic enterprises technology, especially the public sector spin off (9) activities of specialised risk capital in R & D for later phases and smart capitalisation of highly innovative SMEs with the attraction of capital and specialised investors; (10) development of other sources of finance, in particular the one offered by the so-called business angels; (11) the development of business strategies or common management structures, the provision of common services or services to facilitate cooperation, the coordination of activities, such as research or marketing, support network and enterprise clusters (clusters), improved accessibility and communication, or the use of common instruments to promote entrepreneurship and trade with SMEs; (12) aid for the investment of tangible or intangible assets in favour of SMEs.

h) Any other activity aimed at achieving the objectives of the State Program.

3. For the purposes of this Article, I + D + I activities shall mean all activities, considered to be in the broad sense, related to the execution, preparation, promotion and management, internationalization and technical support to R & D + I, including, in particular:

a) The execution of fundamental research, industrial research, or experimental development projects.

b) The conduct of exploratory-character tests for scientific-technical and industrial research activities.

c) Feasibility studies.

d) The realization of innovation projects in products, processes and organization.

e) The construction and improvement of the R & D + I infrastructures themselves, as well as the development of R & D + I support activities, including the management of equipment, facilities and other R & D infrastructure.

f) The management of R & D + I, including knowledge transfer and enhancement activities, and advice for international projects or programmes in this field.

g) The promotion and promotion of R & D + I, as the impetus for the creation and development of technological base companies resulting from the generation of scientific and technical knowledge in the State Program.

h) Participation in international R & D + I programmes and projects

4. Where the General Block Exemption Regulation is applicable, as provided for in the second provision, and the beneficiary is a large undertaking, the activities listed in paragraph 3.d shall be excluded, unless the beneficiary is a major undertaking. the beneficiary is effectively collaborating with SMEs in the activity to be supported, and provided that SMEs run at least 30% of the total eligible costs.

5. The activities referred to in paragraph 2 (e) shall be eligible only for small unlisted enterprises, registered for at most five years, which have not yet distributed profits or arise from a concentration. In the case of companies that are not required to register, the five-year period may be considered as starting from the moment when the undertaking starts its economic activity or is subject to tax for its economic activity.

Article 9. Concepts that can help.

1. The aid shall be intended to cover expenditure related to the development and implementation of the activities for which it has been granted, in accordance with Article 31 of Law 38/2003 of 17 November.

Financing may be applied, among others, to the following concepts:

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

1. Personal expenses, which must be dedicated exclusively to the performance if the call is available.

In the case of public sector entities and entities, personnel may be hired under any procurement procedures in accordance with the legislation in force and with the rules to which the beneficiary is subject. to the limits that can be established at any moment in the corresponding laws of the State General Budget and other regulations that regulate the personnel in the service of the public sector, without this implying any commitment as to their subsequent incorporation into that body or entity. Salary supplements for research or technical staff linked to the institution or centre may be considered, subject to the limits and in the form laid down by the calls. In the case of bodies and entities in the public sector, the remuneration rules applicable to them shall be respected.

2. º Costs of acquisition, rental, maintenance or repair of equipment, instruments and equipment necessary for the performance, including computer servers and computer programs of a technical nature.

3º. Acquisition of the related material goods in the preceding paragraph, in the form of leasing ("leasing") .

4. Acquisition of consumable material, supplies, and similar products.

5. Contract research costs, technical knowledge and patents acquired or obtained by license from external sources at market prices, provided that the operation has been carried out under full conditions competition and without any element of collusion, as well as the costs of consultancy and equivalent services intended exclusively for the research activity.

6. Application costs and other costs related to the maintenance of industrial and intellectual property rights.

7. Other expenditure, including travel, allowances, fees, use of central services of the body, fees to national and international scientific societies, rental of computer servers, supplies and products similar, and any other that are directly derived from the performance and are necessary for their execution.

8. Expenditure related to the advice related to cooperation and support for innovation, such as management consultancy, technological assistance, technology transfer services, training, consultancy for the acquisition, protection and trade in industrial and intellectual property rights and licensing agreements, consultancy on the use of standards, manuals, working documents and document models, premises for offices, websites, data banks, technical libraries, market research, and quality labelling services, testing and certification.

9. Expenditure related to the assessment of studies, dissemination, publicity, training, preparation of training material, internationalisation of scientific and technical activities, renting of rooms, organisation of conferences and events, congresses, seminars, or other actions for the development and implementation of the activities for which they have been granted.

10. Quotas, costs of use and access to the Scientific and Technical Infrastructures unique and large national and international scientific facilities, under the conditions and with the limitations that the convocation establishes.

11. Compensation for research staff not linked to the beneficiary entities when participating in the implementation of the actions to be awarded, provided that this does not contravene the remuneration scheme of such staff.

12. The temporary posting of highly qualified personnel (with a university degree and at least five years of experience, including, where appropriate, a doctorate) from a research organisation or a large enterprise, working in research, development and innovation activities in a function recently set up in an SME and not replacing other staff.

13. Expenditure arising from the recruitment of staff to innovative business groups for activities such as collaboration, exchange of information and the provision of specialised services to enterprises, marketing of the grouping, the management of its facilities, the organisation of training programmes, workshops and conferences, as well as transnational cooperation.

14. Investment expenditure on tangible or intangible assets for the creation of a new establishment, the extension of an existing establishment, the diversification of the production of an establishment into new additional products or a essential change in the overall production process of an existing establishment.

15. The costs arising from the implementation of a new business project for innovative enterprises. The costs associated with the plan submitted by the company during the first two years may be financed from the aid application.

16. The costs of investment in tangible and intangible assets in research infrastructures.

17. The costs of investment in tangible and intangible assets for the construction or improvement of innovative business clusters: the costs of staff and administrative costs (including overheads) related to the activity of the pooling to facilitate collaboration, exchange of information and the provision or channelling of specialised and personalised support services to businesses, as well as those relating to the marketing of the pool to increase the participation of new enterprises or organisations and the strengthening of visibility; management of the facilities of the group, the organisation of training programmes, workshops and conferences to promote the exchange of knowledge and networking, as well as transnational cooperation.

18. Expenditure arising from the operation of innovative business clusters for a maximum of 10 years.

19. The expenditure arising from the report by an auditor, where his contribution is required by the call. In cases where the beneficiary is obliged to audit his/her annual accounts by an auditor submitted to the recast text of the Audit of Accounts Act, approved by Royal Legislative Decree 1/2011 of 1 July, the review of the account supporting documents shall be carried out by the same auditor, or on the other hand, provided that he is registered in the Official Register of Auditors.

(b) Indirect costs, understood as general expenses assigned to the performance, but which by their nature cannot be directly imputed. Indirect costs must be met with actual expenditure on performance, allocated to them on a pro rata basis in accordance with a method generally accepted in accounting practice, and duly justified. The calculation shall take account of the actual cost of the general expenditure of the beneficiary entered in the last financial year and the proportion of the cost of staff charged to the action and the total cost of the staff of the beneficiary. beneficiary, with a limit of 25 percent of the labor expense of the performance by annuity and by entity.

The indirect costs may be calculated, without the need to provide supporting evidence, by applying a fixed percentage, which will be specified in the call, without being able to exceed 25%, on expenditure Total of the action, validly justified.

In the case of aid co-financed with Structural Funds, account shall be taken of the provisions of paragraph 3 of the first provision.

2. In the case of aid provided for in paragraphs 2 and 3 of the second additional provision, where the equipment, equipment and equipment referred to in paragraph 1.a) .2. of this Article are not used throughout their life for the purposes of the Research project, only depreciation costs corresponding to the duration of the project, calculated according to good accounting practices, shall be considered eligible.

In this case, the sub-concepts referred to in paragraph 1.a) .6., 8. º and 12 may only be financed in such aid where the beneficiary is an SME.

3. The costs referred to in the first paragraph of Article 31.7 of Law 38/2003 of 17 November may be the subject of financing under the aid granted.

4. The calls may specify, from among the concepts and subconcepts that may be related to this article, which will apply, and, where appropriate, develop them, as well as limit the amount of aid for each concept.

5. Taking into account the specific characteristics of the aid, the call may require the beneficiary to provide own funding to cover the funded activity, as a mechanism to ensure economic and financial capacity.

6. The aid granted to the Public Research Bodies referred to in Article 47 of Law 14/2011 of 1 June, as well as other public sector research centres, public universities, and public law entities whose The budget will be consolidated with the general budget of the State or with those of the Autonomous Communities, they will follow the marginal cost mode. Aid may be financed up to one hundred per cent of the marginal costs of the action.

This paragraph is compatible with the application by the entities related in the previous paragraph of a grant to total costs in the framework of an international R & D + I project, where it so provides. In that case, the national application, which shall follow the marginal cost mode, shall record this end in the form indicated in the calls.

7. For beneficiaries not covered by the above paragraph, the calls may be eligible for the marginal cost mode, in which case the aid may finance up to one hundred per cent of those marginal costs of the action, or, alternatively, in the form of total costs, and in that case it can set a ceiling for financing all the costs of the action.

Article 10. Subcontracting.

The actions under consideration may be subcontracted, in compliance with the requirements and prohibitions laid down in Article 29 of Law 38/2003 of 17 November and in Article 68 of its Implementing Regulation, on the basis of the the nature of the subsidised activity, up to the maximum percentage of 90% of the amount of the activity subsidised, where the beneficiary is a non-profit organisation. Calls may restrict the maximum percentage of subcontracting.

CHAPTER IV

Aid scheme

Article 11. Modes of help.

1. Aid may be granted under the form of grant, loan, repayable advance, financial credit, or a combination thereof.

2. The aid may be of an annual or multiannual nature, with the duration specified in the calls.

3. The calls shall set out the terms of the loans in terms of repayment terms, period of absence, interest and repayment terms, including possible subrogation.

4. The calls may be co-financed with funds from the European Union.

Article 12. Running the activity.

1. The activity to be supported shall be carried out in each action within its period of implementation, which shall be determined in the decisions to be granted, taking into account the purpose or purpose of the aid.

2. The investments and expenditure incurred by the beneficiary may be carried out throughout the period of implementation for which the aid is granted, with the specific features of the calls or the decisions to be granted, and without prejudice to the the provisions of Article 25.2.

Expenditure shall be deemed to be incurred within the period of execution and shall be effectively paid during the period of execution or, at the latest, within three months of the end of that period. execution.

3. In the aid referred to in paragraphs 2 and 3 of the second provision, in order to comply with Article 39, the activity of the beneficiary must commence after the beneficiary has submitted his application for aid, with the exception of the cases provided for in that Article.

4. The inventive goods acquired shall apply to them as laid down in Article 31 (4) and (5) of Law 38/2003 of 17 November. The period during which the beneficiary must allocate the goods acquired for the particular purpose of the aid shall be equal to the time limit for the implementation of the financed action, or five years for the goods entered in the public register and two years for non-eligible assets in such a register, whichever is longer.

5. The amortization expense of the inventoried assets shall be subject to the rules laid down in Article 31.6 of Law 38/2003 of 17 November.

Article 13. Guarantees.

1. The aid provided for in this order taking the form of a grant and a financial credit shall not require the provision of guarantees.

2. The provision of guarantees shall be required for entities not provided for in Article 42.2 (a), (c) and (d) of the Regulation on the development of Law 38/2003 of 17 November, where the aid takes the form of a repayable loan or advance and exceeds the amount of EUR 200 000, and in any case, in the case of coordinated or cooperative projects, where the total granted exceeds the amount of EUR 1,000,000.

The entities provided for in Article 42.2 (a), (c) and (d) of the Implementing Regulation of Law 38/2003 of 17 November shall not be exempt from the submission of guarantees when the aid is granted to them in the form of loan and, in addition, the amount of the loan exceeds EUR 5,000,000.

3. The guarantees will be constituted by a percentage, which will be established in the calls, and which in no case will be less than 25% of the amount granted to the entities obliged to do so. Where the aid is paid in several accounts, a guarantee shall be lodged for each of them for the percentage of the quantity to be satisfied in that release. In the case of a plurality of beneficiaries, the amount of the guarantee shall be distributed among the members of the group who are obliged to submit them.

4. The applicants proposed for the granting of the aid in the draft interim resolution shall be the guarantee for the first release prior to the grant. The contribution of the guarantees of incorporation of the guarantees shall not generate a subjective right to the obtaining of the aid by the person concerned, nor shall he prejudge the content of the decision to grant, where appropriate.

5. The guarantees shall be provided, at the disposal of the entity, at the request of the latter or of the instructor, as appropriate, in the General Deposit Box or in its branches, in the Economy and Finance Delegations, in the modalities and with the characteristics and requirements to be determined in the calls, of those laid down in the General Deposit Box Regulation, approved by Royal Decree 161/1997 of 7 February.

Furthermore, the guarantees concerning the aid called by the Centre for Industrial Technological Development which are in the form of a guarantee granted by a bank or a mutual guarantee company may be established in the body itself, which shall be responsible for its cancellation or execution.

6. The time limit for lodging the security of the securities from the notification of its requirement shall be established in the calls.

7. The lack of constitution and accreditation before the competent body of the guarantees, where they are due, shall have one of the following effects:

(a) The applicant shall be held as a withdrawal of the application, where the guarantee is due prior to the grant.

(b) In the case of booklets after the granting of the aid, the retention of the payment up to the time when the lodging of the guarantee is established, and may result in the loss, in the final form, of the right to the recovery of the amount to be paid out when, having made prior request of the granting body for the lodging of the guarantee to be established, the guarantee shall not be met within a period of 15 days.

8. The General Deposit Box, once agreed upon by the competent body, shall, at the request of the competent body, execute the guarantees in accordance with the procedures laid down in its regulatory regulations.

When the guarantee is not enough to satisfy the liabilities to which it affects, the Administration will recover the difference by continuing the administrative procedure of the award, according to the established in the collection rules in force.

9. The guarantees shall be cancelled, in the form and time limit to be determined in the calls, by agreement of the granting authority, in the following cases:

a) When the amounts due have been refunded.

(b) When, in the case of a loan, the subrogation of the loan is incurred by a financial institution.

(c) Where guarantees have been lodged prior to the award by a higher amount than the one set out in paragraph 3 of this Article or where the rejection or withdrawal of the application is made, cancel the excess or the entire portion of the item, as appropriate.

(d) Where the amounts due in the cases referred to in Article 37 of Law 38/2003 of 17 November have been reintegrated.

In no case shall the guaranteed quantity exceed the percentage of the live debt referred to in paragraph 3.

CHAPTER V

Communications

Article 14. Electronic communications.

1. The communications of all the actions carried out in the procedure for granting the aid regulated in this order, in its justification and monitoring and in the possible recovery procedures which may be initiated shall be made to through electronic means.

2. The use of the electronic means established shall be obligatory both for the notification or publication of the administrative acts which are issued, as well as for the submission of applications, written and communications by the interested parties, which they must do so through the electronic seat of the awarding body and use an advanced electronic signature system. The calls shall set out the requirements to be met by the relevant electronic certificate.

3. The notification of administrative acts may be effected by means of the system of notification by electronic appearance, provided for in Article 40 of Royal Decree 1671/2009 of 6 November 2009, for which the Law is partially developed 11/2007, of June 22, electronic access of citizens to Public Services.

4. Without prejudice to the provisions of the preceding paragraph, and following the provisions of Article 59.6.b) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the Calls may be made for the notification of all or some of the administrative formalities by publication in the electronic seat of the granting body, with all the notification effects being applied.

5. In order to ensure the transparency of the procedure, where the notification of the proposal for a provisional decision and the decision to grant it are made in accordance with the procedure laid down in paragraph 3, they shall be published in the The electronic body of the organ, exclusively for information purposes, grants the lists of applicants included in those resolutions.

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

7. Calls may limit the size and format of the electronic files to be attached.

8. Exceptionally, in the event of a failure in systems that hinder electronic communications, the granting body may determine other different forms of communication, agree on an extension of time or determine the opening of a period of time. extraordinary for the time strictly necessary to avoid harm to the persons concerned. These circumstances must be published in the electronic seat of the awarding body, or in a preferred place on its website if the above is not possible. In the event that the opening of an extraordinary period is required, the publication in the "Official Gazette of the State" will also be necessary.

CHAPTER VI

Grant Procedure Rules

Article 15. Concession procedure.

1. The procedure for granting the aid will be that of competitive competition, provided for in Article 22 of Law 38/2003 of 17 November, in accordance with the principles of advertising, transparency, objectivity, equality and non-discrimination, in the fulfilment of the objectives and efficiency in the allocation and use of the public resources referred to in Article 8.3 of that law.

2. The concession procedure will be in accordance with the provisions of Law 38/2003 of 17 November, and in its Implementing Regulation, with the characteristics established by these regulatory bases.

3. The procedure shall be initiated on its own initiative by the competent body, which shall be published in the Official Gazette of the State.

Article 16. Competent bodies.

1. The body responsible for initiating the procedure shall be the Secretariat of State for Research, Development and Innovation or the Presidency of the Centre for the Development of Industrial Technology (CDTI), in the field of their respective competencies.

2. The organisation and instruction of the procedure shall be the responsibility of the bodies under the Directorate-General for Scientific and Technical Research, the Directorate-General for Innovation and Competitiveness, or the CDTI, in the field of their respective departments. powers. The calls shall be determined by the relevant bodies, depending on the purpose of the aid.

3. The decision of the granting procedure to the Secretariat of State for Research, Development and Innovation or to the Chair of the CDTI, in the field of their respective competences, is the responsibility.

Article 17. Submission of requests.

1. Applications shall be submitted in the form and within the time limit laid down in each call, which may not be less than 15 days, and, where appropriate by the nature of the actions, shall indicate the open nature of the applications, Article 59 of the Implementing Regulation of Law 38/2003 of 17 November.

In the event that the call is open, for the resolution of the applications submitted for each selection procedure, the credit allocated for this purpose shall be divided between the selection procedures that are determined on the call.

If there is excess credit assigned to the corresponding resolution, once the proposed requests are met, the non-employee funds will be allocated to the next period.

2. Applications shall be submitted by means of the appropriate form, together with the documentation specified in the call as an integral part of the application, and must have the advanced electronic signature of the legal representative of the the applicant entity specified in Article 14.2. When required for the assessment, the English language presentation of the technical documentation may be required.

In the case of aid provided for in paragraphs 2 and 3 of the second provision, applications shall have the following minimum content: (a) name and size of the undertaking; (b) description of the project, including its dates (c) the location or locations of the project; (d) list of project costs; (e) type of support (grant, loan, guarantee, repayable advance, capital injection or other); (f) amount of public financing required for the project. Where the calls expressly and unequivocally provide for the type of aid to be granted, it is not necessary to provide for the aid application, and only the amount of the financing requested shall be indicated.

Only those applications made within a period of time which include both the form and those documents which the call has considered essential and which must be a part of the request, and whose absence or lack of content will determine its inadmissibility.

3. The application shall express the consent or opposition so that the instructor may check or collect from other bodies, administrations or information providers, by electronic means, information on compliance with the requirements. tax and social security obligations, as provided for in Article 22.4 of the Regulation on the development of Law 38/2003 of 17 November, or on other circumstances of applicants or applications which, according to the (a) the call for tenders and the applicable rules are relevant for the instruction of the procedure. In the event of opposition, the applicant shall provide the certificates or evidence required by the call for the call.

4. The replacement of the submission of certain documents, which shall be specified in the notice, may be accepted by a responsible declaration of the applicant, in the terms laid down in Article 23.4 of Law 38/2003, of 17 November. In this case, prior to the proposal for a concession, applicants included in the proposal for a provisional decision to grant the aid may be required to provide the documentation proving the reality of the aid. data contained in its declaration within a time limit which may not exceed 10 days or less than five days.

However, the call may establish the mechanisms to avoid the requirement of the beneficiary of documents already held by the instructor, in the alleged material impossibility of obtaining them that the Second paragraph of Article 23.3 of Law 38/2003 of 17 November.

5. In accordance with the provisions of Article 33 of the Law of 17 November of 17 November, the applicant shall provide an express responsible declaration of not having received concurrent grants or, where appropriate, the relationship (a) exhaustive of other grants, aid, revenue or public or private resources which could affect the compatibility of the same actions under aid, as provided for in Articles 34 or 38 of that order, as appropriate, including in a differentiated manner the ratio of de minimis aid requested and received in the exercise in progress, as well as those received during the previous two fiscal years.

This express responsible statement must be made at the time of filing or at any time subsequent to the occurrence of such concurrence.

6. If the application, with the minimum content referred to in paragraph 2, does not meet the requirements laid down in the call, the instructor shall require the person concerned to submit, within 10 days, the absence or accompanying the request. (a) a mandatory document, with a warning that if it does not do so, the application shall be withdrawn, in accordance with the provisions of Article 71 of Law No 30/1992 of 26 November 1992, and Article 23.5 of Law 38/2003 of 17 November.

Only the modification or voluntary improvement of the application by the beneficiary shall be accepted at the request of the instructor, pursuant to Article 71.3 of the law cited.

Article 18. Procedure instruction.

In the instruction of the concession procedure the following activities may be carried out:

a) The request for how many reports are deemed necessary to resolve or are required by this order or by the call.

In this respect, applications may be the subject of technical and, where appropriate, economic and financial technical assessment reports, which may be carried out by independent, national or international experts, or by technical committees of experts, or national or international assessment agencies, as determined by the call, as laid down in Article 5 of Law 14/2011 of 1 June.

b) The pre-assessment of applications, as set out in the second paragraph of Article 24.3.b) of Law 38/2003 of 17 November, and in the calls. At this stage the instructor shall verify compliance with the conditions imposed to acquire the status of beneficiary. In any event, such a stage may only affect those requirements whose concurrency does not require any scientific or technical assessment. In the event that at this stage the exclusion of any applicant has occurred, such an end shall be notified to it in the manner determined by the call.

c) The evaluation of the requests.

Article 19. Assessment and selection.

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

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

(b) In the two-step procedure, applicants shall first submit the application with the necessary documentation in a simplified format, which may be the subject of the reports referred to in Article 18 (a), and shall be assessed by the evaluation committee in accordance with the criteria to be determined for this stage. Applications which, where appropriate, do not exceed the threshold to be set for one or some of the criteria, or do not meet the criteria or criteria to which the exclusion is granted, shall be eliminated.

In the second phase, a new deadline for submission of applications will be opened in full format, in which applicants whose applications have passed the first one, will submit the rest of the documentation, and these will be evaluated in accordance with the criteria to be set for this phase.

This two-stage evaluation procedure can only be followed in the types of actions mentioned in the annex to this order that provide for such a possibility.

2. The evaluation of applications shall be carried out by evaluation committees, by comparison of the applications in accordance with the criteria laid down, in the case of the reports referred to in Article 18 (a).

3. The evaluation procedure may, if provided for in the call, provide for the holding of face-to-face interviews or video conferences, where appropriate, provided that such actions are in response to a public call for all the applicants, and respect the principle of equal opportunities. When the calls are determined, the evaluation, in its various stages, may be carried out in the English language in those aspects of a technical nature that require it by the international dimension of the aid.

4. The procedure for the evaluation of the actions in coordination shall be carried out on the whole of the applications that integrate them.

5. The evaluation committees shall be specific to each of the arrangements for actions covered by the sub-programmes, and shall be designated by the awarding body. The commissions will have the following composition:

(a) When the Presidency corresponds to one of the Directorates-General of the Secretariat of State for Research, Development and Innovation:

1. President: the head of the Directorate-General for Scientific and Technical Research or the Directorate-General for Innovation and Competitiveness, in the field of their respective competencies.

2. Vice-President: The holder of the General Subdirectorate that has attributed the instruction to the procedure.

3. Vocals:

i. The holder of one of the Subdirectorates General attached to the Directorate-General holding the Presidency, or the corresponding Deputy Director-General or Deputy Director General.

ii. The holder of one of the Subdirectorates General or equivalent units assigned to the other two Directorates General referred to in paragraph 5.a) .1. above, or the corresponding Deputy Director General or equivalent.

iii. An expert on behalf of the National Assessment and Prospective Agency, and another on behalf of the CDTI.

iv. Where appropriate, up to four experts, with the profile to be determined in the call, appointed by the awarding body, in the field of the corresponding State Subprogram.

4. Also, they will have a secretary, without the status of a member, who will be an official of the instructor, and will act with voice but without a vote.

b) When the Presidency corresponds to the General Directorate of the CDTI:

1. President: the head of the CDTI Directorate-General.

2. Vice-President: the holder of the CDTI operational address to be determined on the call.

3. Vocals:

i. The holder of another of the CDTI's operational directorates.

ii. The holder of one of the Subdirectorates General of the Secretariat of State for Research, Development and Innovation, or the corresponding Deputy Director-General or equivalent.

iii. An expert from the General Secretariat of Science, Technology and Innovation

iv. An expert on behalf of the National Assessment and Prospective Agency, and another on behalf of the Secretariat of State for Research, Development and Innovation.

v. Where appropriate, up to four experts, with the profile to be determined in the call, appointed by the granting body, in the field of the corresponding State Subprogram.

4. Also, they will have a secretary, without the membership, who will belong to the instructor, and will act with voice but without a vote.

6. The commissions that can be made under this article will seek parity between men and women, as provided for in Organic Law 3/2007, of March 22, for the effective equality of women and men.

7. As far as is expressly not provided for in these regulatory bases or in the call for tenders, the functioning of the evaluation commission shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November.

8. The operation of the evaluation committees shall be carried out with the personal, technical or budgetary resources assigned to the Secretariat of State for Research, Development and Innovation, and shall not involve any increase in appropriations or remuneration, or other personnel costs for the public sector service.

Article 20. Request assessment criteria.

The valuation criteria and their weighting for the different types of actions that are referred to under this order are those specified in the Annex.

Article 21. Motion for a resolution.

1. The evaluation committee shall, in accordance with the criteria laid down for the assessment, issue a reasoned report on the priority of applications, by ordering them individually or by category, provided that, in the latter case, they provide a Unequivocal judgment for your selection. However, it shall not be necessary to fix such a ranking order where the credit entered is sufficient to cover all applications submitted that satisfy the requirements.

2. The instructor, in the light of the dossier and of the report of the evaluation committee, shall issue a proposal for a reasoned interim decision and notify it to the persons concerned, so that, within 10 days, they shall make representations if they consider it necessary. appropriate. This period may be higher, if this is expressly provided for in the light of the nature of the action. This proposal shall include at least:

(a) The applicant entity (s) for which the grant of the aid is proposed, together with the amount and conditions of the aid.

(b) Where applicable, the ratio of the applications, ordered according to their ranking, in the terms and effects set out in Article 63.3 of the Law of 17 November of 17 November.

(c) The de minimis nature of the aid, where appropriate, by making complete reference to Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty of The functioning of the European Union for de minimis aid (de minimis Regulation).

d) Where appropriate, the gross grant equivalent of the proposed aid.

3. On the occasion of the hearing procedure, where the convocation so provides, the acceptance of the aid by the successful applicants may be sought in the same act, as well as the presentation of the supporting documents or documents required.

In addition, it may be necessary to provide for the lodging of the guarantees which, if necessary, may be required pursuant to Article 13, in the form and time limits laid down in that article.

In the absence of an answer from the applicant, the aid shall be deemed to be accepted, unless the required supporting documents and documents are not provided, in which case the aid shall be withdrawn from its application.

4. The hearing procedure may be waived in the cases provided for in Article 24 (4) of Law 38/2003 of 17 November.

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

6. Where the call is appropriate, the instructor shall notify the applicants who have been proposed as beneficiaries of the proposed final decision so that, within ten days, they shall communicate their opinion. acceptance or withdrawal of the proposed aid and provide the necessary supporting documents or documents and, where appropriate, constitute the guarantees required under Article 13, if they have not done so before. The provisions of the third subparagraph of paragraph 3 of this Article shall apply.

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

Article 22. Reformulation of requests.

1. Where the amount of the aid for the provisional motion for a resolution is lower than the amount in the application submitted, the beneficiary may be asked to reformulate its application to adjust the commitments and conditions to the aid. In accordance with Article 27 of Law 38/2003 of 17 November, and in Article 61 of the Law of the Development of Law 38/2003, of 17 November.

2. In any event, the reformulation shall comply with the provisions of Article 27 of Law 38/2003 of 17 November and Article 61 of its Implementing Regulation.

Article 23. Resolution.

1. Once the proposal for a final resolution has been raised to the competent body to resolve, it will dictate the resolution of the procedure, which will put an end to the administrative route.

2. The resolution of the procedure shall be duly substantiated, with references to this order and the relevant call, to the reports of the instructor and to the evaluation process. In the case of an unsuccessful application, the reason for dismissal shall be indicated, and in particular, if any of the thresholds have not been met, where appropriate.

The grant resolution must contain at least:

(a) The relationship of the applicants to whom the aid is granted, including the identification of the action or actions, the amount granted to each applicant and the mode of aid, as well as the express rejection of the aid. the remaining requests.

b) The general conditions and particular conditions set for each aid.

(c) The financial budget and the amount of aid granted, as well as the form of payment.

d) For repayable advances, loans and financial credits, the conditions for granting and returning them.

e) The resource regime.

(f) Where appropriate, the appointment of the de minimis Regulation.

g) Where appropriate, the gross grant equivalent of the proposed aid.

h) Where appropriate, mention should be made of funding with Structural Funds.

3. The decision of the procedure shall be delivered and notified within the maximum period of six months from the date of publication of the relevant call, unless the latter has postponed its effects to a later date.

The term for the grant resolution may be interrupted in accordance with Article 42.5 of Law 30/1992 of November 26, or in the cases provided for in Article 24.3.a) of Law 38/2003 of 17 November.

The lack of resolution expresses the legitimate interest of the interested parties to understand the request for the granting of the aid by administrative silence.

4. In order to ensure compliance with the principle of equality in the granting, the granting authority may issue partial and successive grant decisions on all applications submitted, as the body concerned makes the proposals for interim and final partial resolution. In this case, the call shall establish the measures to ensure that principle of equality in the award.

5. The grant resolution may include an orderly relationship of the applications, taking into account the score or priority reached, in the terms and effects set out in Article 63.3 of the Law of 17 of 17 November. The calls and the decisions to grant shall set out the circumstances and the time limit within which the provisions of the second and third paragraphs of that Article may be applied.

Article 24. Modification of the resolution.

1. The actions shall be carried out in the time and form to be determined in the granting decisions. However, where specific circumstances arise which alter the technical or economic conditions taken into account for the granting of the aid, it may be requested to amend the grant decision in the form laid down by the call.

Any change to the content of the resolution will require simultaneously:

(a) That the same is requested before the end of the period of execution of the project or, where appropriate, the corresponding annuity, and is expressly authorized by the granting body. The calls may set a maximum time limit for the request for amendment.

(b) that the change does not affect the objectives pursued with the aid, including regional aid, to its fundamental aspects or which have been decisive for the granting of the aid, to the determination of the beneficiary, or harm third-party rights.

However, in relation to the determination of the beneficiary, if they may be authorised:

1. The related merger, absorption and division of companies and those that are a consequence of the abandonment of one of the beneficiaries of a project in cooperation.

2. The change of entity would benefit from the aid, provided that the new entity complies with the requirements set out in Articles 4 and 7, and the other entities established in the call, and undertakes to maintain the business the aid. The authorisation shall require a technical report containing the suitability of the new beneficiary to ensure the feasibility of the project.

In this case, the remaining amount of aid not spent by the original beneficiary should be transferred directly to the new entity, which will acquire the status of beneficiary from the date of the modification of the resolution.

Where the replacement of a beneficiary whose aid falls within the scope of Article 32, by another entity whose aid is to be covered by Article 35, the amendment of the resolution shall be take into account the provisions of Chapter II of Title I, and the provisions applicable to aid for such beneficiaries.

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

2. The request for amendment shall be accompanied by a memorandum setting out the reasons for the changes and justifying the failure to comply with the conditions laid down in the decision to grant and comply with the requirements set out above. in paragraph 1.

3. Increases which do not exceed a certain percentage to be established in calls, which may not exceed 20%, may be authorised, in a generic form for all beneficiaries, in subconcepts which may be eligible for aid. are included in the concession resolution, which are offset by decreases in others, and provided that the total amount of the aid is not altered, and that the beneficiary adequately justifies the change in the monitoring or justification documentation.

4. Where indirect costs are to be calculated by the application of a fixed percentage, transfers of the direct cost concepts to indirect costs reflected in the concession resolution shall not be permitted.

5. Calls may provide for a maximum number of requests for changes in economic content per year and for action.

Article 25. Payment.

1. The aid granted may have a fixed or variable economic envelope and the payment may be made in the form of a single or split payment, annual or multi-annual, and in advance, after completion of the activity which is the subject of aid, or in a combination of the forms mentioned above.

2. Payments on account must be adapted to the rate of performance of the action, paid in the amount equivalent to the justification submitted annually by the beneficiary, which may consist of a statement of expenditure, in the form provided for by the call.

3. Each payment shall be conditional on the existence of a record on the part of the managing body that the beneficiary complies with all the requirements set out in Article 34.5 of Law 38/2003 of 17 November.

4. The managing body of the aid may make a final payment, in the percentage of the total amount of the concession determined in the call, to the satisfactory completion of the economic justification, after all the necessary checks with regard to the eligibility of the costs incurred.

5. Payments may also be conditional on the presentation of the documents required by the notice or the decisions to grant them, on the basis of the guarantees provided for in Article 13, where appropriate or, where the payments are made. in several annuities, if applicable, to the submission of the documentation required for the monitoring or justification of the action, or, if necessary, to its positive assessment, in the form and circumstances specified in the call.

6. In the case of cooperation operations, if the call for action so provides, payment of the aid may be made to the representative of the group, who shall be responsible for the transfer to each beneficiary of the funds allocated to them. correspond according to the allocation set out in the grant decision. The call may set a maximum period within which the pool representative has to transfer the funds to the rest of the pool.

7. Where the aid provides for the form of loan, financial credit or repayable advance, the payments shall be conditional on the beneficiary stating that he is aware of the payment of his or her repayment obligations. loans or advances previously granted from the General Budget of the State.

8. The use of the figure for the advance payment shall be in accordance with the principle of efficiency in the allocation and use of public resources provided for in the Organic Law 2/2012 of 27 April 2012 on budgetary stability and sustainability. Financial.

Article 26. Justification.

1. The economic justification shall be made, in the terms provided for in each call, by means of the procedures laid down in Article 30 of Law 38/2003 of 17 November and consistent with its Implementing Regulation and, where appropriate, in the applicable rules of the European Union.

2. The form of justification shall be carried out by the means and in the formats to be established for this purpose.

3. The justification shall take the form of supporting account in any of these three modes: ordinary, with input of auditor's report, or simplified. Using one or other mode will be governed by the following rules:

(a) The simplified supporting account may be used, with the content laid down in Article 75 of the Implementing Regulation of Law 38/2003 of 17 November, in the cases provided for in Articles 75.1 and 82.1 of the Regulation (EC) No 14/2011 of the European Parliament and of the Council

11 July 2009 on the application of the rules of procedure

(b) In other cases, the ordinary supporting account provided for in Article 72 of the Implementing Regulation of Law 38/2003 of 17 November, or the supporting account with the contribution of a report of the auditor. The latter shall be governed by the provisions of Article 74 of the said Regulation and shall contain the supporting evidence provided for in Article 72.1 thereof, as well as an economic memory abbreviated with the content of paragraphs (a), (d), (e) and (g). of Article 72.2 of the same Regulation. The auditor's report shall be in accordance with the provisions of Order EHA/1434/2007 of 17 May, approving the rule of action of auditors in the conduct of work on the review of supporting accounts for grants, in the field of the State public sector, provided for in Article 74 of the Regulation of the Development of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

(c) In actions co-financed with Community funds, the specific rules to be applied shall be followed.

4. In any event, the beneficiaries shall keep all invoices and other documents certifying the expenditure covered by the aid which they have incurred, at the disposal of the granting body, which may require them for verification.

5. The period of justification by the beneficiary of the fulfilment of the purpose for which the aid was granted shall be set out in the calls, not exceeding one year after the end of the implementation of the calls.

Without prejudice to the provisions of Article 25.2, where the aid is carried out in a number of annuities, the calls shall lay down the requirement of the beneficiary of the documentation to be submitted. proof of the costs incurred so far, before the release of the annuities after the first year, in the form and time limit set out therein, and which may consist of a statement of expenditure.

6. Where, pursuant to Article 24 (1), a replacement of the beneficiary has occurred, each beneficiary shall be the beneficiary of the aid in the period and for the amount to be determined jointly by the beneficiary. decisions to grant and modify the concession, in the light of the budget spent and the activity carried out at the time of the replacement. Each beneficiary shall be responsible for the implementation and justification of the part of the aid that corresponds to it.

Article 27. Follow-up of the actions.

1. The body that determines the calls or, failing that, the instructor, shall monitor the performance of the objectives of the action, as referred to in the State Plan I + D + I.

2. The calls should also establish the frequency and the monitoring procedure, which should be effective, transparent and based on the quality and scientific-technical and socio-economic impact of the actions financed, for which may provide for the creation of any fees deemed necessary.

3. The follow-up of the action will be carried out with the frequency to be determined by the calls, and after the completion (ex post evaluation).

4. The monitoring shall be based on the documentation or information requested from the beneficiary, on objective indicators established for the purpose and publicly known and comparable, as well as on in-person and public presentations with whom determine the instructor body, which may be developed in the English language if the calls so determine.

5. The calls may provide for the form in which the results of the mid-term evaluations, where appropriate, and ex post of the actions financed may be taken into account when the person concerned requests new assistance from the State Plan. I + D + I.

6. The calls may provide for mechanisms to allow for a mini-sentence of the aid granted in cases where the monitoring activities reveal a level of compliance with the indicators below that set out in the grant resolution.

Article 28. Check and control actions.

1. The beneficiary shall be subject to the measures of verification to be carried out by the granting authority, as well as to those of control by the General Intervention of the State Administration and the Court of Auditors and, where appropriate, by the Commission. Under Article 108.1 of the Treaty on the Functioning of the European Union, on State aid, and in accordance with the rules governing the management of aid financed from the European Union's funds, and any other applicable rules.

2. The granting authority may carry out the verification measures it establishes to verify compliance with the conditions required of the beneficiary, as well as the performance by the beneficiaries of the action under aid.

3. The formal verification for the payment of the aid shall be made on the supporting accounts submitted. Invoices or documents of an analogous probative value supporting such reports shall be checked in the following four years, or 10 years when there is funding from or in the case of funds from the European Union. aid provided for in paragraphs 2, 3 and 4 of the second provision, second, on the basis of a representative sample, to the end of which the managing body may require the beneficiaries to refer the supporting documents to the sample, how to carry out the checks collected in each of the annual action plans mentioned in the Article 85 of the Law of the Development of Law 38/2003 of 17 November.

4. The beneficiaries must be in possession of the accounting records, completed records and other documents in the terms required by the legislation applicable to the beneficiary, as well as the invoices and other supporting evidence of expenditure of probative value equivalent and the corresponding supporting documents. This set of documents constitutes the supporting support for the aid granted, and ensures its proper reflection in the accounts of the beneficiary.

Article 29. Refit.

The recovery of the aid received, as well as the interest for late payment, shall be made in the cases provided for in Articles 36 and 37 of Law 38/2003 of 17 November, and the latter shall be governed by the provisions of Title II. of the same, and in Title III of its Implementing Regulation, prior to the timely file of non-compliance.

Article 30. Graduation criteria for non-compliances.

The default graduation criteria will be as follows:

(a) The total non-compliance with the scientific and technical objectives or the activities for which the aid was approved, determined through the mechanisms of scientific and technical monitoring and verification of the justification, will be the cause of total reimbursement of the grant. In particular, the objectives shall be considered to be non-compliant if an appropriate percentage, as set out in the call for aid, has not been made in relation to the activities, expenditure and investments envisaged in the action.

(b) Failure to comply with the partial objectives or specific activities of the action shall entail the return of that part of the aid for such purposes or activities or, in the case where it is established in the call for loss of the right to full or partial recovery.

c) Unauthorized modifications to the financial budget will result in the return of the diverted amounts.

(d) The failure to submit, in accordance with the relevant call, the annual or final monitoring reports, both technical and economic, shall entail the return of the amounts received and not justified.

e) The failure to present the documents to justify the realization of the financial investment will give rise, after fifteen working days after the request of the granting body, to the recovery of the entire aid justified, in accordance with Article 70.3 of the Law of the Development of Law 38/2003 of 17 November.

(f) The non-contribution of the three offers in the cases provided for in Article 31.3 of Law 38/2003 of 17 November, will mean the reduction of the aid corresponding to the expenditure in question in at least 20%, except the beneficiary demonstrates that the procurement has been done at market prices.

g) Failure to comply with the obligation to give publicity to the aid granted, in the terms of Article 31.3 of the Implementing Regulation of Law 38/2003 of 17 November, and of the provisions of Article 7.2, shall be the cause of the partial drawback of the amount associated with such non-compliance.

However, and without prejudice to the provisions of the Community rules and the penalties which may be imposed on them, if the obligations laid down in this letter are not met, and if their obligations are still possible, compliance with the terms laid down, or corrective actions may be taken from the lack of publicity, the granting body shall require the beneficiary to take the relevant dissemination measures within a period of not more than 15 days business, with express warning of the consequences of such non-compliance derived from Article 37 of Law 38/2003 of 17 November.

Article 31. Infringements and penalties.

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

TITLE I

Specific provisions

CHAPTER I

Specific provisions for the non-economic activities of the research bodies

Article 32. Scope of application.

1. The provisions of this Chapter shall apply to aid for non-economic activities, the beneficiaries of which are considered as research bodies as defined in Article 2 (a).

2. The research bodies shall be responsible for the fulfilment of the conditions specified in Article 2 (a) and shall demonstrate these extremes by means of a responsible declaration.

3. The research bodies shall take the necessary measures to ensure that the results of the research and development actions financed are disseminated, or that the reinvestment in primary internal revenue activities is reinvested. These could generate, in order that they do not have an impact on their economic activities.

4. Pursuant to paragraph 1 of the second provision, the aid referred to in this Chapter shall not be considered as State aid.

Article 33. Amount of the aid or criteria for its determination.

1. The financial budget shall be established on the basis of the total cost of the incentive activity. The individual amount of each aid shall be determined on the basis of one or more of the following criteria:

a) The actual financial cost of the performance.

(b) A part of the cost referred to in the previous paragraph, depending on the type and characteristics of the performance and the beneficiary.

(c) A fixed amount, determined on a flat-rate basis in the calls, depending on the type of action and the beneficiary.

d) Budget availabilities.

e) Calls may set a maximum aid limit for each type of action.

Aid in the field of this chapter will be able to finance up to one hundred per cent of the expenditure of the supported action. Calls may provide for different rates of support for the different types of beneficiaries, depending on the mode of action.

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

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

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

Article 34. Concurrency and compatibility of aid.

1. The aid provided for in this Chapter may be compatible, in the terms laid down by the calls, with the receipt of other grants or aid from any national or public authorities or authorities, (a) international, or the European Union, provided that the total amount of the same is such that, in isolation or in competition with other grants or aid, it does not exceed the cost of the activity financed or does not entail a reduction in the the amount of own financing required from the beneficiary, where appropriate, to cover the activity funded.

2. When referring to actions co-financed with Community Structural Funds, the aid provided for in this order shall not be compatible with the collection of aid financed by other Community instruments for the same expenditure.

CHAPTER II

Specific provisions for companies and other agents

Article 35. Scope of application.

1. The provisions of this Chapter shall apply to aid not falling within the scope of Article 32 and, in any case, to aid for which the beneficiaries are undertakings.

2. The entities to which this Chapter is not an undertaking shall be referred to in the category of Articles 2 (b) to (2) (g) which corresponds to them.

Research bodies as defined in Article 2 (a) shall fall within the scope of this Chapter in any of the following cases: Where they apply for and are beneficiaries of aid which they finance economic activities, where they do not demonstrate compliance with the conditions laid down in the definition of research bodies in Article 2 (a), or where the calls so determine, in the light of the specificity of the action funded.

Article 36. Subjects who will not be able to acquire the beneficiary status.

Subject to the provisions of Article 35, and of the provisions in this respect, the following subjects may not be granted the status of a beneficiary:

(a) Entities that are subject to an outstanding recovery order following a prior decision of the European Commission that has declared unlawful and incompatible aid with the common market.

(b) Entities that do not credit the economic and financial solvency requirements set out in the relevant calls, where applicable.

(c) Where the general block exemption Regulation or the Framework on State aid for research, development and innovation, firms in difficulty, as defined in Article 2.q) apply.

(d) Where the general block exemption Regulation applies, where the undertaking has received rescue aid and has not yet repaid the loan or terminated the guarantee, or has received aid from restructuring and is still subject to a restructuring plan.

(e) Where the de minimis Regulation is applicable and the aid modality is the loan, the entities incur a bankruptcy or insolvency procedure or meet the criteria laid down for the purposes of the Insolvency proceedings. In the case of large companies, in addition, they are in a situation comparable to a credit rating below B-.

(f) Where the de minimis Regulation is applicable and the aid modality is the loan, large companies which are not in a situation comparable to a credit rating of at least B-.

(g) Where the de minimis Regulation is applicable, undertakings operating in the fisheries and aquaculture sectors as provided for in Council Regulation (EC) No 104/2000 of 17 December 1999 on the establishes the common organisation of the market in fishery and aquaculture products (Official Journal of the European Union L 17 of 21 January 2000); in the primary production of agricultural products; and, in general, all those covered by Article 1 of the de minimis Regulation. Companies operating in the sectors mentioned above, and also in one or more sectors not excluded in this letter, may acquire the status of beneficiaries of aid granted in respect of sectors or activities not excluded, provided that they are not excluded. establishing a separation of the activities carried out in both types of sectors or clearly distinguishing between their costs, in such a way that the activities of the excluded sectors do not benefit from de minimis aid granted.

Article 37. Amount of the aid or criteria for its determination.

1. The financial budget shall be established on the basis of the total cost of the incentive activity. The individual amount of each aid shall be determined on the basis of one or more of the following criteria:

a) The financial real cost of the performance.

(b) A part of the cost referred to in the preceding paragraph, depending on the type and characteristics of the performance and the beneficiary, or on the basis of the credit rating laid down, where appropriate, with the age of this.

(c) The aid limits laid down in the Community legislation that is applicable.

(d) A fixed amount, determined on a flat-rate basis in the calls, depending on the type of action and the beneficiary.

e) Budget availabilities.

(f) Calls may set a maximum aid limit for each type of action.

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

3. The calls will determine, for duly substantiated reasons, taking into account aspects such as the type of activity incentivised, the mode of costs applied and the type of aid, if the financial returns that could be generated by the Funds paid in advance to beneficiaries increase or not the amount of aid granted.

4. In the cases provided for in paragraph 2 of the second provision, the amount of aid shall not exceed the following limits, expressed in gross grant equivalent:

(a) In the case of aid for research and development projects, and feasibility studies:

1. º If this is a predominantly fundamental research project: 40 million euros per company and per project.

2. º If this is a predominantly industrial research project: 20 million euros per company and per project.

3. For predominantly experimental development actions: 15 million euros per company and per performance.

4. For EUREKA projects or projects implemented by a Joint Undertaking, established on the basis of Article 185 or Article 187 of the Treaty on the Functioning of the European Union, the amounts referred to in points (a) (c) shall be duplicated.

5. For feasibility studies prior to research activities: EUR 7.5 million per study.

6. In the case of aid referred to in Article 9.1.a) .12. º: 5 million euros per company and per project.

7. In the case of innovation aid in processes and organization: 7.5 million euros per company and per project.

8. In the case of training aid: EUR 2 million per training project.

9. In the case of investment aid for research infrastructures: EUR 20 million per infrastructure.

(b) In the case of aid for innovation in favour of SMEs, as provided for in Article 9 (1) (a) and (12) of Article 9: EUR 5 million per project and per undertaking.

c) In the case of aid to innovative business clusters: EUR 7.5 million per pool.

(d) In the case of aid for new business projects of innovative enterprises, as provided for in Article 9 (1) (a) .15, the following amounts per undertaking:

1. for loans with interest rates that do not meet market conditions, with a duration of ten years, up to a maximum of 1 million euros of nominal amount, or 1.5 million euros in the case of companies established in assisted areas which fulfil the conditions of Article 107 (3) (c) of the Treaty on the Functioning of the European Union, or EUR 2 million for undertakings established in assisted areas which fulfil the conditions laid down in Article 107 (3) (c) of the Treaty on the Functioning of the European Union of Article 107 (3) (a) of that Treaty.

2. for loans with a duration of five to ten years, the maximum amounts may be adjusted by multiplying the amounts referred to in the previous paragraph by the ratio between 10 years and the actual duration of the loan.

3. in the case of loans with a duration of less than five years, the maximum amount shall be the same as for loans with a duration of five years.

4. for grants, up to EUR 0,4 million, or EUR 0,6 million for undertakings established in assisted areas which fulfil the conditions of Article 107 (3) (c) of the Treaty on the Functioning of the European Union. the European Union; or EUR 0,8 million in the case of undertakings established in assisted areas which fulfil the conditions of Article 107 (3) (a) of that Treaty.

The beneficiary may receive assistance through a combination of the aid instruments referred to in point (d), provided that the proportion of the amount granted through an aid instrument, calculated on the basis of the basis of the maximum amount of aid authorised for that instrument, be taken into account to determine the marginal proportion of the maximum amount of aid granted for the other instruments forming part of that mixed instrument.

5. In the case of innovative enterprises, the maximum amounts referred to in point (d) may be doubled.

For the purposes of this article, a project will be considered to be "predominantly" fundamental research, "predominantly" industrial research or "predominantly" experimental development if more than 50 percent. (a) the cost of financing is intended for activities falling within the category of fundamental research, industrial research or experimental development, respectively. If the predominant nature of the project cannot be established, the lower threshold will be applied.

5. In cases where the de minimis Regulation applies, the amount of aid, expressed in gross grant equivalent, shall not exceed EUR 200 000 or EUR 100 000 in the case of undertakings operating in the transport sector. road.

Article 38. Concurrency and compatibility of the aid.

1. The aid provided for in this Chapter may be compatible, in the terms laid down by the calls, with the receipt of other grants or aid from any national or public authorities or authorities, or the European Union, provided that the following conditions are met:

(a) that the amount taken together is such that, in isolation or in competition with others, it does not exceed the cost of the activity financed or does not imply a decrease in the amount of the own financing required; the beneficiary, where appropriate, to cover the funded activity.

(b) In the case of aid provided for in paragraph 2 of the second provision, second to the State aid, these aid measures relate to different identifiable financial costs.

(c) In the case of aid falling within the second paragraph of the second provision, where they relate wholly or in part to the same costs, the total amount of the aid shall be such that, in isolation or in concurrency with others, does not exceed the aid intensity limits set out in Article 40 or, where applicable, the highest aid amount applicable.

However, those limits may be exceeded, provided that the actual cost of the action is not exceeded, where such aid is supported by aid for disabled workers, for the costs provided for in Articles 33 and 34 of the General Block Exemption Regulation.

(d) In the case of the aid referred to in paragraph 2 of the second provision, second, where they are in the form of risk capital or aid for new business projects, they shall take the form of risk capital.

e) Where the de minimis Regulation applies, the amount, in isolation or in concurrence with others, not for the same financial expenses, for aid intensity, or for an amount of aid, higher than the established for that case in a block exemption regulation, in a decision taken by the European Commission, or in another Community rule that was applicable.

f) Where the de minimis Regulation is applicable, the beneficiary, or if the beneficiary belongs to a single undertaking, as defined in Article 2 (g), to the latter, has not been granted, in the period of three fiscal years (the fiscal year for granting the aid and the two preceding financial years), de minimis aid, whatever the purpose and source of the funds, except in the case of aid from the European Union managed directly by the European Commission, and not under the control of the Member States, for a total value, expressed in gross grant equivalent, exceeding EUR 200,000, or EUR 100 000 if the undertaking operates in the road transport sector. Undertakings carrying out road haulage operations and other activities to which the maximum limit of EUR 200 000 applies shall be subject to that ceiling as long as they provide for a maximum of EUR 200 000. separation between the two types of activities carried out or clearly distinguish between their costs. In such a case, the part of the aid related to the road haulage activity shall not exceed EUR 100 000, and in addition the de minimis aid as a whole shall not be used for the purchase of transport vehicles of goods by road.

However, in the case of concurrency with de minimis aid granted in accordance with Commission Regulation (EU) No 360/2012, the ceiling laid down in that Regulation shall apply.

(g) In the case of aid provided for in paragraph 3 of the second provision, the aid may be provided with other aid, provided that the limits laid down in Article 40 are not exceeded.

However, it may be possible to grant aid which results in higher intensities for industrial research and experimental development projects, or for the construction or improvement of infrastructure, provided that it can be demonstrated to be limited to the minimum necessary. Exceeding the limits laid down for aid intensities in Article 40 shall be subject to the authorisation of the European Commission.

Where eligible expenses may also potentially be partially or fully eligible for other aid for a different purpose, the matching party shall be subject to the most favourable limit according to any of the applicable rules.

2. When referring to actions co-financed by the Structural Funds, the aid provided for in this order shall not be compatible with the collection of aid financed by other Community instruments for the same expenditure.

3. The provisions of paragraph 1 shall not apply where the aid is financed by the European Union centrally managed by the institutions, agencies, joint undertakings or other bodies of the European Union, which are not directly or indirectly under the control of Spanish Public Administrations.

Article 39. Incentive effect.

1. The aid referred to in paragraphs 2 and 3 of the second provision, except for aid for new business projects of innovative undertakings, must have an incentive effect. The beneficiary shall be deemed to have an incentive effect if, before the start of the activity, the beneficiary has submitted a request for assistance to the relevant call, with the content referred to in the second paragraph of Article 17.2.

2. Aid exceeding the limits laid down in Article 37.4 (a) shall also be deemed to have an incentive effect if, in addition to the condition laid down in the preceding paragraph, the beneficiary can demonstrate that the aid will have a positive impact on the company's decision to carry out R & D + I activities which would otherwise not have been or would have been carried out in a different or limited manner and in particular will produce one or more of the following effects:

a) launching a new project.

b) extending its size or scope.

(c) the substantial acceleration of the pace of execution of the activity concerned.

d) the implementation of a low-cost R & D + I project, which would entail a strong initial investment, a high risk to the beneficiary, and a great profit for society, or whose results are expected to be very long period.

To this end, the beneficiary must provide not only information concerning the project but also, as far as possible, a complete description of what would have occurred or could reasonably have been expected to occur. without the help.

In order to verify the incentive effect, the instructor body may require risk assessments, financial reports, internal business plans, expert opinions and other studies related to the beneficiary to the beneficiary. project subject to the assessment, as well as documents containing information on demand forecasts, costs and financial statements, documents submitted to an investment committee and describing in detail several investment scenarios; or documents provided to financial institutions as well as specific data of the sector in which the beneficiary operates.

3. Without prejudice to paragraph 1, if the aid application concerns an R & D + I project, the pre-feasibility studies carried out by the beneficiary not included in the aid application shall not be taken into account for the aid. determining the start date of the activity.

4. In the case of aid for projects or activities carried out in successive stages which may be subject to separate concession procedures, the commencement of work shall not take place before the first aid application.

Article 40. Help limits.

1. For R & D aid included in paragraphs 2 and 3 of the second additional provision, the maximum aid intensity to be granted shall be as follows:

a) fundamental research projects: 100 percent of the financial cost.

b) industrial research projects: 50 percent of the financial cost.

c) experimental development projects: 25 percent of the financial cost.

d) feasibility studies: 50 percent of the financial cost.

(e) the aid referred to in Article 9.1 (1) (a) .12.: 50% of the financial cost.

f) innovation in processes and organisation: 50 per cent of the financial cost for SMEs, and 15 per cent for large enterprises.

(g) training aid: 50% of the eligible cost, which may be increased up to a maximum of 70% of eligible costs by 10 percentage points if training is given to workers with disability or disadvantaged workers, by 10 percentage points if the aid is granted to medium-sized enterprises, and by 20 percentage points if it is granted to small enterprises.

h) investment aid for research infrastructure: 50% of the financial cost.

i) support for innovation in favour of SMEs: 50% of the financial cost, which may be increased up to 100% in the case of aid for advisory services and support for innovation, provided that the the total amount of aid for these services is not more than EUR 200,000 per company over any three-year period.

(j) aid to innovative business clusters: 50% of the eligible cost, which may be increased by 15 percentage points in the case of clusters located in assisted areas which meet the conditions of the Article 107 (3) (a) of the Treaty on the Functioning of the European Union and by 5 percentage points in the case of groups located in assisted areas which fulfil the conditions of Article 107 (3) (c) of the Treaty on the Functioning of the European Union Treaty.

2. The aid intensity shall be determined for each beneficiary, even in the case of collaborative projects in accordance with paragraph 4.

3. Where aid is granted under paragraphs 2 and 3 of the second additional provision to a research and development project carried out jointly by research organisations and undertakings, the combined aid in the form of a subsidy direct public to a specific project and, where they constitute aid, the contributions of the research bodies to the same project may not exceed the maximum intensities applicable for each beneficiary undertaking.

4. Where aid is granted under paragraphs 2 and 3 of the second additional provision, the basic aid intensities laid down in paragraph 1 for industrial research and the agricultural sector may be increased to a maximum of 80%. experimental development as follows:

(a) Where aid is granted to SMEs, the maximum aid intensity may be increased by 10 percentage points for medium-sized enterprises and 20 percentage points for small enterprises.

(b) Up to the maximum aid intensity of 80% of eligible costs, a bonus of 15 percentage points may be added in the following cases:

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

i. In the case of aid provided for in paragraph 2 of the second provision, a company may not run on its own with more than 70% of the eligible costs of the project.

ii. In any event, the project must have the collaboration of at least one SME or be carried out in at least two Member States of the European Union or in a Member State of the European Union and a Contracting Party to the Space Agreement. European Economic.

2. The project involves effective collaboration between a company and one or more research organizations and the following two conditions are met:

i. In the case of aid provided for in paragraph 2 of the second provision, the research body assumes a minimum of 10% of the eligible costs, and

ii. The research organisations have the right to publish the results of the research projects, provided they are directly derived from the research carried out by them.

3. The results of the project are widely disseminated through conferences, publications, open access bases or free or open source software.

For the purposes of this article, subcontracting is not considered effective collaboration.

5. The part of the research and development project under aid shall be wholly owned by one or more of the following categories of research:

a) Fundamental research.

b) Industrial research.

c) Experimental development.

d) Feasibility studies.

e) Innovation in processes and organization.

When a project consists of different tasks, the costs of the tasks must be attributed to a specific category of the tasks referred to in this paragraph.

6. For the aid referred to in paragraph 2 of the second provision for technical feasibility studies, in accordance with the limits laid down in the general block exemption Regulation, the maximum gross intensity of the aid may be increased by 10 percentage points in the case of medium-sized enterprises and by 20 percentage points in the case of small enterprises.

7. The calls may set, within the limits set out in the previous paragraph, different aid limits for the different types of beneficiaries, depending on the mode of action.

Additional disposition first. Applicable rules.

1. The aid which is regulated in this order will be governed, in addition to the provisions of the same and the respective convocation and decision-making, in respect of all the rules in force and, in particular, as provided for in Law 38/2003, of 17 November, and in its Implementing Regulation, and in Law 14/2011 of 1 June.

2. In accordance with the provisions of the sixth provision of Law 38/2003 of 17 November, the financial loans and loans granted under this order shall be governed by their specific rules and, failing that, by the requirements of that law which are appropriate to the nature of these operations.

3. Where the aid is financed, in whole or in part, with structural funds, the Community rules on this matter shall apply, as well as, where appropriate, the national provisions laid down in the development of that matter.

4. The aid granted by the Centre for the Development of Industrial Technology is a consequence of the exercise of administrative powers, and the provisions of Article 3.2 of Law 38/2003 of 17 November shall apply.

Additional provision second. Applicable Community legislation.

1. In accordance with the provisions of Article 2.1.1 of the Framework on State Aid for Research and Development and Innovation (2014/C 198/01), the provisions of Article 107.1 of the Treaty on the Functioning of the European Union shall not apply, and they shall not be considered as State aid, the aid provided for in this order shall be granted to research bodies, as defined in Article 2 (a), for non-economic activities.

2. With the exception of the provisions of the previous paragraph, the aid provided for in this order shall comply with the provisions of Chapters I and II and Sections 3 and 4 of Chapter III of Commission Regulation (EU) No 651/2014 of 17 May 2014. The Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice and the Court of Justice Such aid shall be exempt from the provisions of Article 108.3 of the Treaty on the Functioning of the European Union.

For aid granted after 30 June 2016, information on individual aid exceeding EUR 500,000.00, expressed in equivalent terms, will be published on the website to be provided for this purpose. gross grant, within a period of six months from the date of the decision to grant the grant.

3. However, where the aid is not or cannot be covered by the Regulation referred to in the preceding paragraph, and with the exception of paragraph 1, the aid provided for in this order must comply with the provisions laid down in the State aid for research, development and innovation (2014/C 198/01), published in the Official Journal of the European Union C 198 of 27 June 2014, and shall be as set out in Articles 107 and 108 of the Treaty on the Functioning of the European Union European.

4. In the cases where appropriate, the calls may, by way of express mention, benefit from Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU). European Union for de minimis aid, published in the Official Journal of the European Union, L352 of 24 December 2013.

5. Where applicable, the calls to be issued under this order shall follow the recommendation of the European Commission of 11 March 2005 on the European Charter for the Investigator and the Code of Conduct for the Recruitment of Researchers (2005/251/EC), published in the Official Journal of the European Union L75 of 22 March 2005.

Additional provision third. Coordination of calls.

The calls may provide for, in the event that the same action to be undertaken by a beneficiary requires the application of aid from several sub-programmes in the same year, coordination mechanisms, where the all of them is the Secretary of State for Research, Development and Innovation.

Additional provision fourth. Aid subject to a decision of the European Commission.

1. The aid to which paragraph 3 of the second provision applies is subject to the provisions of Article 108.3 of the Treaty on the Functioning of the European Union and, in accordance with Article 9.1 of Law 38/2003, of 17 November, shall not be effective until the authorisation of the European Commission has been obtained.

2. In accordance with Article 1.2 (a) of the General Block Exemption Regulation, in the case of calls for aid which are eligible for aid and which have an average annual State aid budget of more than 150 million ECU, Euro shall not have an application period exceeding six months, which shall be extended by the Commission.

Final disposition first. Nature of the rule in aid from the Structural Funds of the European Union.

The procedures for granting and controlling aid under Law 38/2003 of 17 November and in its Implementing Regulation will be of an additional nature with regard to European legislation that is directly applicable. aid financed from the Structural Funds of the European Union referred to in this order.

Final disposition second. Competence title.

This provision is made in accordance with the provisions of Article 149.1.15ª of the Spanish Constitution, which confers exclusive competence on the State on the promotion and general coordination of scientific research and technique.

Final disposition third. Entry into force.

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

Madrid, 2 July 2015.-The Minister of Economy and Competitiveness, Luis de Guindos Jurado.

ANNEX

Assessment Criteria

The following evaluation criteria are set, depending on the types of actions indicated:

Mode 1. Collaborative R & D + I projects geared to the demands of the productive fabric, R & D + I projects, and other aids

Applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in the calls, and should in any case be indicated in the calls for the scores given to them. sub-criteria:

Criteria

Score	Percentage weighting
) Technical, innovative, and economic excellence of the project. The appropriate definition of the objectives and the methodology of the project, the main innovative elements of the project and the correct adaptation of the budget to the activity of the project	0-3	30
	b) The technical and economic capacity of the consortium. The background, technical and economic capacity and complementarity of consortium members	0-3	15
c) International Projection. The participation path in international R & D + I programs of the consortium members, as well as their capacity to open markets and international relations	0-3	20
d) Exploitation of expected results and market orientation. Market analysis and forecast studies and the generation and exploitation of patents and/or utility models	0-3	20
) Socio-economic impact. The creation of direct employment of consortium members, gender equality and private investment mobilised by consortium members	0-3	15

The minimum note from which the projects will obtain funding will be determined by the budgetary availability of the call. In the case of several projects reaching that minimum note, but not all of them can be financed, the tie will be directed in favour of the application which has the highest score in the assessment of the above criteria according to the order in which appointment.

Mode 2. New business projects from innovative companies, and other support

(a) Evaluation at one stage. -When the evaluation is carried out in a single phase, the applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in the calls, and in all case, the scores granted to those sub-criteria are indicated in the calls:

Criteria

Score
a) Ability to exploit a market need. Special value will be given to how to obtain revenue, business strategy, competition and strengths and weaknesses	0-20	10
b) Enterprise technology capacity. The technology used, the technological barriers (product/service, production/manufacturing), the differentiating element and the possible protection of the technology used	0-35	18
c) Team management capacity involved in business development	0-30	15
d) Financial capacity of the company. The consistency of investment plans, their financial needs and their financing structure	0-15	7

In order for a request to be proposed for funding, it must reach a score equal to or greater than the threshold in each of the criteria, as specified in the table above. The Evaluation Commission may also establish a minimum total score from which the projects will obtain funding, in particular taking into account the budgetary availability of the call.

b) Evaluation in two phases. -When the evaluation is carried out in two phases, in the first phase the applications will be evaluated according to the following criteria:

Criteria

Score
a) Ability to exploit a market need. Special value will be given to how to obtain revenue, business strategy, competition and strengths and weaknesses	0-10	5
b) Enterprise technology capacity. The technology used, the technological barriers (product/service, production/manufacturing), the differentiating element and the possible protection of the technology used	0-10	6
c) Team management capacity involved in business development	0-10	5

Only those applications that have reached an overall score equal to or greater than 18 will be passed to the second phase, adding the scores obtained in those criteria, and provided that an equal or equal score is reached above the threshold required in each of the criteria, as specified in the table above.

Requests that move into the second phase will be evaluated according to the one set out above in point (a) for evaluation in a single phase.

Mode 3. Complementary actions for activities necessary for the achievement of results and the recovery of results not covered by R & D and other projects, and other aid

Applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in the calls, and should in any case be indicated in the calls for the scores given to them. sub-criteria:

) Excellence: the solution proposal assumes new market opportunities versus existing ones, taking into account the state of the art and the risks and opportunities of its market introduction

Criteria	Score
) Economic Impact: Market potential for the purpose of innovation, taking into account the market diagnosis, the existing demand, the company's strategy, its growth and its marketing and industrial property plans	0-5
0-5
c) Implementation of the Take Action: Equation of available resources and experience to develop activities	0-5