Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7484
The State Plan of scientific and technical research and innovation 2013-2016 (Plan State r & d), approved by the agreement of the Council of Ministers at its meeting on February 1, 2013, has the character of Strategic Plan referred to in article 8.1 of the law 38/2003 of 17 November, General grants, and is the instrument of programming that allows to develop Finance and execute the policies of the General Administration of the State in the field of promotion and coordination of r & d.
Pursuant to the provisions of the law 14/2011, from June 1, the science, technology and innovation, the State r & d Plan includes in its structure and through State programs, the objectives of the Spanish strategy of science and technology and innovation, taking into account, in addition, the characteristics of the agents of the Spanish system of science Technology and innovation (System).
In their development have set objectives that are intended to achieve, as well as indicators of follow-up and impact results, whose evolution will be followed by its quantification in the corresponding annual programme. This will allow to establish the adequate assessment of the management, since the data provided in the follow-up work will enable the determination of the degree of fulfillment of the previously established objectives.
The State r & d Plan has a strong international orientation, and thus reflected in most of the actions that make up the State of business leadership program in r & d (State program), which should contribute both to the leadership of the system at the international level and to increase its involvement in international initiatives and resources of the European Union.
In addition, the r & d State Plan has been conceived as a dynamic element, with a capacity to adapt to changes in the Spanish system of science, technology and innovation so that, through annual action plans, State programs of the mentioned Plan can be updated.
The State r & d Plan is developed through four State programs, which grouped by applets with specific objectives, actions of annual and multi-annual nature contemplated will be carried out, mainly, through calls for proposals on a competitive basis. These subprogrammes include various modalities for participation and financing instruments including the State r & d Plan for achieving the specific objectives of each subprogramme.
These programs are: the State program of promotion of talent and their employability; the State program of promotion of scientific research and technology of excellence; the State program of promotion of business leadership in r & d and r & d challenges from society-oriented State program.
The State program of business leadership in r & d is dedicated to boosting the capacity of r & d by business agents, as well as to facilitate the development and dissemination of key cross-cutting technologies and to promote public-private partnerships, promoting in this way the transfer and circulation of knowledge and its applications.
This program has as its main objective to make Spanish companies more competitive through the generation and incorporation of knowledge, technologies and innovations aimed at the improvement of processes and the creation of technologically advanced products and services with greater added value.
Equally, this state program includes, next to actions designed specifically to the achievement of the objectives of each of the subprogrammes, a set of actions crucial to the creation and consolidation of a financial environment conducive to r & d, especially for SMEs, and the transfer of knowledge between companies, both intra and inter-sector as between the academic world and the business. At the same time seeks to strengthen the role of the large domestic and foreign companies as a tractor of investments in r & d and SMEs and the internationalization of business and market-oriented r & d activities.
The State of business leadership in r & d program consists of three subprogrammes, which are the subject of this order: the State of business r & d, State subprogramme of enabling technologies and subprogramme State subprogramme of collaborative r & d oriented to the demands of the productive fabric. This order constitutes the common regime applicable to all of them.
Pursuant to the provisions of article 17.1 of law 38/2003 of 17 November, is issued this order of regulatory basis for the granting of public aid to finance actions of the mentioned State subprogrammes.
These regulatory guidelines have been prepared to allow to be dictated calls in its development that detailing the specific characteristics of the different forms of assistance, providing a common legal framework that contributes to rationalize, systematize and simplify state aid for r & d in accordance with the provisions of the State r & d Plan.
On the other hand, with the purpose of contributing to the normative simplification, the regulatory bases of the aid of the aforementioned subprogrammes, which are the responsibility of the Secretariat of State for research, development and innovation of the Ministry of economy and competitiveness are concentrated in a single ministerial order.
The regulatory bases are directed to different potential beneficiaries, both public and private, subjected to a differential regulation, particularly as regards the rules of State aid in the European Union. For this reason, and to facilitate the identification of the standard that is applicable to each beneficiary, the order has been divided into two titles. The preliminary title contains provisions common to any type of beneficiary.
The title is first divided into two chapters: chapter I, which includes specific provisions for aid whose beneficiaries are entities that have the consideration of research organisations in particular Community legislation; and chapter II, containing provisions to these firms and entities not included in the scope of application of chapter I followed to obtain subsidies.
Accordance with article 10 of the Royal Decree 345/2012, 10 February, which develops the basic organizational structure of the Ministry of economy and competitiveness and amending the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational 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 the law 6/1997, of 14 April, organization and functioning of the General Administration of the State, in the scope of their powers in the field of scientific and technical research, development and innovation.
This order is issued on the basis of the exclusive competence of the State in the field of promotion and general coordination of scientific and technical research established in article 149.1.15. ª of the Spanish Constitution and in accordance with article 17 of the law 38/2003 of 17 November, prior favourable report of the law of the State and of the Executive intervention in the Ministry of economy and competitiveness. By virtue, with the prior approval of the Minister of finance and public administration, have: preliminary provisions title common chapter I object, definitions and purpose article 1. Object and scope of application.
The purpose of this order is to establish the regulatory bases of the granting of State aid of the State program of business leadership in r & d, in the framework of the State Plan of scientific and technical research and innovation 2013-2016 (State Plan, RDI).
Actions that are funded on the basis of this order will be framed within one of the following State subprogrammes: to) State r & d enterprise subprogramme.
b) State subprogramme of facilitators essential technologies.
(c) subprogramme State of collaborative r & d oriented to the demands of the productive fabric.
Article 2. Definitions.
A_efectos_de this order, the following definitions are established: to) research organization and dissemination of knowledge, (research organization): any entity (for example, universities or research centres, technology transfer agencies, intermediaries of innovation or research-oriented real or virtual collaborative entities), regardless of their legal status (of public or private law) or its form of financing , which meets the following conditions: 1 that has as main objective conduct fundamental research, industrial research or experimental development, or widely disseminate the results through teaching, publication, or the transfer of knowledge;
2nd that, when, in addition to non-economic activities, economic activities, financing, the revenue and costs being disclosed separately, and 3rd companies which can exert influence in that entity, for example, in quality of shareholders or members, do not benefit from preferential access to capabilities of the research agency research or research results generated.
(b) small and medium-sized enterprises (SMEs): category defined in annex I to Regulation (EU) No. 651/2014 of the Committee, on 17 June 2014, by which declare certain categories of aid compatible with the market in application of articles 107 and 108 of the Treaty, published in the «official journal of the European Union», L187 , June 26, 2014 (general block exemption regulation).
(c) small business: within the SME category, company that occupies less than 50 persons and whose annual turnover or annual balance-sheet total does not exceed EUR 10 million.
(d) micro: within the category of SMEs, enterprise which employs fewer than 10 persons and whose annual turnover or annual balance-sheet total does not exceed EUR 2 million.
(((e) medium-sized enterprise: enterprise which, belonging to the category of SME, is not comprised in the definition of the letters c) and (d)).
(f) large enterprise: Enterprise not referred to in the definition of SMEs.
(g) only company: the Group of companies that maintain, directly or through one or more other companies, at least one of the links below each other: 1 a company owns the majority of the voting rights of the shareholders or members of another company;
2nd a company has the right to appoint or dismiss the majority of the members of the body of management, direction or control of another company;
3rd a company has the right to exercise one dominant influence over another, under a contract concluded with her or a statutory clause of the second company;
4th company, shareholder or member to another, controls alone, pursuant to an agreement concluded with other shareholders or members of the latter, the majority of the voting rights of its shareholders.
(h) aid intensity: is the gross amount of the aid expressed as a percentage of the eligible costs, before any deduction of tax or other charges. When aid adopt any differently from the subsidy, the aid intensity will be expressed support gross grant equivalent, also, as a percentage of eligible costs.
(i) gross grant equivalent: aid granted in a form other than a grant, is the amount of aid if this had been granted in the form of grant, before any deduction of tax or other charges. For its calculation, the method indicated in the Commission communication on the revision of the method of fastening of types of reference and update (2008/C 14/02) will be followed. Its value must be updated at the time of the grant of the aid, even in the event that the payment to the beneficiary is made in several instalments. The rate of interest that is to be used for the purpose of updating will be defined in the same communication.
(j) fundamental research: experimental or theoretical work undertaken with the objective of acquiring new knowledge of the underlying foundations of phenomena and observable facts, without that is intended to be an application or direct commercial use.
(k) proof of concept: initial demonstration work aimed to verify the feasibility of a method, concept, or theory, identifying the path of development of these concepts and their potential commercial exploitation in later phases.
(l) industrial research: planned research or critical studies aimed at the acquisition of new knowledge and skills that can be useful for developing new products, processes or services, or allow to significantly improve the existing ones. It includes the creation of components of complex systems and may include the construction of prototypes in a lab environment or an environment with interfaces simulated with existing systems, as well as pilot lines, as needed for industry and research, notably for generic technology validation.
(m) experimental development: the acquisition, combination, configuration and use of knowledge and existing techniques, nature science, technology, business or otherwise, with a view to the development of products, processes, or new or improved services. It may include, for example, conceptual definition, planning and documentation of new products, processes or services. The experimental development may include prototyping, demonstration, pilot projects, testing and validation of products, processes or services new or improved, in environments representative of actual operating conditions, provided that the main objective is to provide new technical improvements to products, processes or services that are not substantially settled. You can include the development of prototypes or pilot projects that can be used commercially when they are necessarily the final commercial product and manufacturing is too expensive for use only for demonstration and validation purposes. Experimental development does not include routine or periodic changes made to products, production lines, manufacturing processes, existing services and other ongoing operations, even if such changes may represent improvements thereof.
n) feasibility studies: evaluation and analysis of the potential of a project, with the aim of supporting the decision-making process in an objective and rational discovering strengths and weaknesses, opportunities and threats, as well as determine the resources needed to carry it out and, ultimately, their prospects of success.
(n) innovation in processes and innovation organisation: the application, respectively, a method of production or supply, new or significantly improved (including significant changes in techniques, equipment or software), or a new organisational method to business practices, workplace organisation or external relations of a company.
These concepts are not included: changes or minor improvements, increasing the capabilities of production or service through the introduction of very similar to those already used manufacturing or logistics systems; changes based on organisational methods already employed in the company, changes in strategy management, mergers and acquisitions; the abandonment of a process, the mere substitution or capital increase, exclusively derived from variations of the price of the factors, custom production (customization), adapting to local markets, regular seasonal changes or other cyclical changes and trade in new products or changes significantly improved.
(o) economic activities: activities which consist in offering goods or services on a given market, irrespective of the legal form and financing of the entity, even when there is no profit.
(p) non-economic activities of the agencies of research: primary activities that do not consist of the supply of goods and/or services on a given market. They include, among others: 1 public education for most qualified human resources, within the national education system, financed wholly or predominantly by the State and supervised by this;
2nd the realization of independent r & d for the improvement of knowledge, even in cooperation, excluding the provision of r & d or r & d performed on behalf of undertakings;
3rd the wide dissemination of the research findings in non-exclusive and non-discriminatory way, for example through education, open access, open publications or open software databases;
4th in addition, activities for knowledge transfer, when they are carried out well by the body of research or the research infrastructure (including their departments or affiliates) either together with other entities of the same kind, or on behalf of those, and when all the profits generated by them back home to invest in primary activities of the research organization or the research infrastructure. The non-economic character of these activities will not be affected by outsourcing to third parties for the provision of the relevant services through public bidding.
For purposes of this order, the Agency's research or the research infrastructure are used almost exclusively for a non-economic activity, is considered to be that their activities are not economical when economic activities consume exactly the same inputs (such as material, equipment, labor and fixed capital) that the non-economic activities and the capacity assigned each year to these economic activities does not exceed 20 per cent of the total annual capacity of the entity that concerned, and provided that its economic use is purely accessory, i.e., corresponds to an activity that is directly related with its operation is necessary for the functioning of the Agency's research or the research infrastructure or is closely linked to its main non-economic use, and has a limited scope.
(q) companies in crisis: those defined as such in Chapter 2.2 of the communication from the Commission European on guidelines on State aid for rescuing and restructuring of 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 circumstances concur : 1 in the case of a capital company, when it has disappeared more than half of its share capital subscribed as a result of accumulated losses; What happens when the deduction of accumulated losses of reserves (and all the other elements that are usually considered equity society) leads to a negative cumulative amount exceeding half of the subscribed share capital. For purposes of this provision, "capital company" refers to the Corporation, the partnership for actions, and the limited liability company; and "social capital" includes, where appropriate, any share premium;
2nd in the case of a society in which at least some partners have a responsibility to unlimited on the debt of the company, when it has disappeared by accumulated losses more than half of its own funds referred to in its accounting. For purposes of this provision, "society in which at least some partners have an unlimited liability on the debt of the company" refers to the collective society and society partnerships;
3rd when the company is undergoing a procedure of bankruptcy or insolvency or meet the criteria to be undergoing a bankruptcy procedure;
4th in the case of an undertaking, other than an SME, when during the two previous years the company's debt/capital ratio has been higher than 7.5, and in the same period the coverage ratio of interests of the company, calculated on the basis of the EBITDA (English Earnings Before Interests, Taxes, Depreciations and Amortizations; in Spanish, profits before interest) taxes, depreciation and amortization), has been below 1.0.
It shall not be considered that SMEs with less than three years old are in crisis unless they meet the condition of the 3rd paragraph r) refundable advance: modality of assistance consisting in the granting, by the awarding authority, a loan that is amortised upon receipt of the grant from European Union structural funds. Thus, it allows the beneficiary resources anticipated for the realization of his performance. From grant of structural funds will be justified once the activity, in the terms required by the Community rules. Its issuance takes place at formalization, applying to amortization of the refundable advance, without physical output of funds.
(s) loan: mode consisting of the delivery to the beneficiary of an amount of money up to a specified limit and help during a period of time, acquiring one return of principal obligation more interests to be determined within a period of time and according to an established repayment schedule.
t) credit: mode of assistance consisting of implementation available to the beneficiary of an amount of money, without delivery of funds, up to a specified limit and a certain time, so that can make use of the same period according to their liquidity needs, and must pay the corresponding interest on the capital actually used.
(u) marginal costs: those costs caused directly and exclusively by the development of the activities corresponding to the completion of the proceedings, including the costs of acquisition of materials inventory, with the exception of the costs of personnel and the depreciation of the fixed assets purchased with public funds.
(v) total costs: those costs which, in addition to the above, include the proportion of own staff and costs the depreciation of plant and equipment, and other expenses, provided that they are clearly allocated 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 includes scientific assets of equipment or instruments, resources based on knowledge, such as collections, archives or structured scientific information, instrumental nature infrastructure based on information technologies and communication, network, computing, software and communications, or any other single character entity necessary to carry out the investigation. Infrastructure can be found in one place or be decentralized (an organized network of resources).
x) r & d project: any operation that involves activities that include one or more r & d categories defined in this order, and intends to perform an indivisible task of economic, scientific and technical precision with objectives that are clearly defined in advance. An r & d project may consist of several tasks, activities or services, and includes clear objectives, activities to be performed to achieve those goals (including anticipated costs), and concrete results to identify the achievements of those activities and compare them with the relevant objectives. When two or more r & d projects are not clearly separable one from another and, in particular, when do not have independent technological success probabilities, will be considered a unique project.
and) International r & d project: project that is carried out by the beneficiary or beneficiaries within 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» - «Joint Technology Initiatives», JPI - JTI, etc) or an international agreement, and which the Spanish part receives funding through aid within the framework of this order.
(z) pre-commercial procurement: the procurement of research and development services when the contracting authority or contracting entity not is all the results and benefits of the contract exclusively reserved to itself for use in their own affairs, they share with providers in market conditions. The contract, which enters one or more r & d categories defined in this framework, it should be of limited duration and may include the development of prototypes or volume limited the first products or services, in the form of test series. The purchase of products or services trade volumes should not be covered by the same contract.
z bis) innovative company: any company that meets at least one of the following requirements: 1 that can demonstrate, by means of an evaluation carried out by an external expert, to be developed in the foreseeable future, products, services or processes new or improved substantially compared with the State of the art in its sector and which carry a risk of technological or industrial failure implicit , or 2nd having costs of research and development, representing a minimum of 10% of the total of their operating costs during at least one of the three years prior to the granting of the aid. If it's a new company without financial history, this condition must be met for the fiscal year in progress, in accordance with the certification of an external auditor.
z ter) technology based company, trading company whose social purpose is the realization of any of the following activities: 1 research, development and innovation.
2. concept testing.
3rd the exploitation of patents and, in general, the transfer and exploitation of the industrial and intellectual property rights.
4th use and utilization, industrial or commercial, innovations, scientific knowledge and of the results obtained and developed by these agents.
5 the provision of technical services related to their own ends.
Article 3. Purpose of the aid.
The purpose of the aid, this order, in accordance with the General objectives of the State program aims to achieve that Spanish companies increase their competitiveness through the generation and incorporation of knowledge, technologies and innovations for process improvement and the creation of technologically advanced products and services with greater added value. It is intended to promote the execution of r & d by business agents, as well as to facilitate the development and the diffusion of key technologies of cross-cutting and public-private partnerships, promoting in this way the transfer and circulation of knowledge and its applications.
Subsidies have the following specific objectives, distributed by subprogramme: to) State subprogramme of r & d business: increase, extend and systematize the investments and implementation of r & d activities, as well as promote innovation as part of the competitive strategy of the enterprises.
The promotion of r & d activities of firms, sectors or segments of high technological content both of those considered traditional or mature and, especially, those who have a strategic character in the Spanish economy by its specific weight, including tourism, the sector of automotive, railway transportation, shipbuilding Aerospace, agri-food sector, industry security, advanced infrastructure and construction-related activities, the chemical sector, pharmaceutical, energy, machine tools, equipment, clothing and other traditional manufacturing sectors.
b) State subprogramme of impulse technologies essential facilitators: support the progress and dissemination of essential facilitators technologies that include, among others, photonics, microelectronics and nano-electronics, nanotechnology, advanced materials, biotechnology, technologies of information and communication, or a combination of the above. Those essential enabling technologies applicable to the specific characteristics of the Spanish productive fabric, which stands out tourism, cultural goods industries as well as the provision of public and personal services are added, in addition.
(c) subprogramme State of collaborative r & d oriented to the demands of the productive tissue: increasing the application to new processes, products and services of scientific and technical knowledge and innovations obtained as a result of the r & d collaboration between universities, public agencies of research and public r & d centers and business agents and private r & d centers next to the market; promote public-private partnerships, with special attention to SMEs, among the agents of the Spanish system of science, technology and innovation to facilitate the orientation of the research needs in the medium and long term of the productive fabric.
Chapter II article 4 beneficiaries. Beneficiaries.
May have the status of beneficiaries in the corresponding announcements made under cover of this order, in the terms that they established and subject to the requirements in this order depending on the legal nature of such beneficiaries: to) following legal persons that are validly constituted and have fiscal residence or a permanent establishment in Spain: 1st public research organisations defined in article 47 of the law 14/2011 , from June 1, the science, technology and innovation.
2nd public universities, its institutes, and private universities with capacity and activity demonstrated in r & d, 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 degrees, created by the Royal decree 1509 / 2008, of 12 September, which regulates the registration of universities Centers and titles.
3rd other public r & d centers: public bodies and centres with its own legal personality dependent or related to the General Administration of the State, and the dependent linked to territorial Governments and their agencies, or participated mainly by the public sector, what ever their legal form.
4th entities and health public and private institutions related or concerted with the national health system, that develop research activity.
5 health research accredited institutes as established in the Royal Decree 339/2004, 27 February, on accreditation of institutes of health research, and complementary standards.
6 other public entities and private non-profit performing and/or managing r & d, generate scientific and technological knowledge, facilitate their application and transfer or provide services in support of business innovation.
8th State-level technology centers and State-level technological innovation support centres enrolled in the registry of centers created by the Royal Decree 2093 / 2008, of 19 December, which regulates technology centres and centres of technological innovation of State-level support and establishing the register of such centers.
9th groupings or associations: groupings of economic interest (AIE); business sector associations non-profit making activities projects and performances of r & d for its sector.
10 business groups innovative, active in sectors and specific regions, whose aim is to stimulate innovative activity by promoting the sharing of facilities and the exchange of knowledge and skills, as well as through the effective contribution to knowledge transfer, networking, information sharing and collaboration between companies and other organizations in the cluster.
11. other organizations that provide support to technology transfer, or perform diffusion and dissemination technology and science.
12. other private r & d centres which have defined in their statutes r & d as the main activity.
13. technology-based companies.
14 innovative companies.
15. sectoral business associations.
b) the temporary unions of companies (UTE).
Article 5. Plurality of beneficiaries.
1. in accordance with article 11.2 of law 38/2003 of 17 November, General grants, may apply the status of beneficiary to associate members of the beneficiary who undertake to carry out all or part of the activities that support the granting of the aid in the name and for the account of the beneficiary, on the assumption that it is a legal person. Associate members are considered those who have a relationship or link of a non-contractual legal nature, which is collected in its statutes, public deed or similar document of incorporation with the beneficiary.
2. in accordance with article 11.3 of the law 38/2003 of 17 November, will have the status of beneficiary groups of legal entities, both public and private people who still lack legal personality, can carry out projects, activities or behaviors, or who are in the situation that motivates the concession.
3. persons referred to in this article shall belong to any of the categories listed in article 4, and meet the requirements established for the beneficiaries.
Article 6. Collaborating entities.
1 they may obtain the status of collaborating, provided that they comply with the requirements laid down in article 13 of law 38/2003 of 17 November, agencies and other entities of public law.
2 such entities, which will be formalized, in accordance with article 16 of the aforementioned law, the corresponding collaboration agreement, can carry out, in whole or in part, the management of aid, or make delivery to the beneficiaries of the funds received.
Article 7. Obligations of the beneficiaries.
1. the beneficiaries shall comply with the obligations under article 14 of law 38/2003 of 17 November, and the concordant included in the regulation of the law 38/2003, 17 November, General grant, approved by Royal Decree 887/2006, of 21 July.
2. beneficiaries shall publicize the aid received in service contracts and labour, as well as in any other contract or agreement related to the execution of the action, including subcontracting, and aid, publications, presentations, equipment, inventory and material dissemination of results activities with them, expressly mentioning its origin and, where appropriate, co-financing with structural funds of the European Union. In addition, they must publish the granting of the aid on its website.
In the event that the action is co-financed, the media of the aid granted on the basis of this order, as well as its relevance, must be at least analogous to employees with respect to other sources of funding.
3 when the aid is granted to research organizations defined in item 2.a) for non-economic activities, defined in the article 2.p), and the results are not susceptible to industrial or intellectual property rights protection, beneficiaries must publish a digital version of scientific publications resulting from actions funded under cover of this order in open access without prejudice to agreements of transfer to third parties of the rights over the publications, according to the provisions of article 37 of the law 14/2011, from 1 June.
Chapter III fundable activity article 8. Object of assistance activities.
1 when the objective of the action required, this can be developed: to) individually.
(b) by the various beneficiaries, in any of the following ways: 1 Coordinada, when different beneficiaries involved in the action to interact directly and individually with the Administration, both in the procedure and subsequently resolution thereof, without prejudice to provisions of article 19.4 of the evaluation.
2nd in cooperation, as provided for in section 5.2, when the beneficiaries represented by one of them, which will be the interlocutor before the Administration, and will channel the corresponding relations with this Act.
2. for the attainment of the object of the aid, and in the scope of the State programme of business leadership in r & d, the calls may finance, total or partially, the actions referred to in the corresponding subprogrammes State r & d enterprise, to promotion of technologies essential facilitators, and r & d collaborative oriented to the demands of the productive fabric (, which will include, among others, the following activities: to) r & d projects, which may be carried out by one or more undertakings. The projects will be result of entrepreneurship, including those who have their origin in regional or inter-regional business consortia, as well as technological cooperation, both multilateral and bilateral. Business r & d projects may contemplate the involvement of public officials of r & d for the execution of specific work packages within the objectives set.
(b) r & d projects aimed at the development and diffusion of technologies essential facilitators, including those projects having an exploratory character, are close to the market.
(c) r & d projects developed in partnership between the public sector and the private sector, agents aimed at the implementation of the results of r & d activities which promote the application of the knowledge generated, facilitate the processes of transfer and increase the social and economic impact of such results.
d) innovation and technological upgrading projects, to increase the capabilities of technological absorption of enterprises, especially SMEs, through adapting and active assimilation of knowledge, as well as the technological upgrading through the incorporation of technology in mature sectors.
(e) new business projects of innovative companies, which require the use of technology or knowledge developed from the research activity, and that the business strategy is based on developing technology.
(f) complementary actions to finance those activities necessary for results and evaluation of those not included in the r & d projects.
(g) actions of revitalization aimed at financing, among others: (1) the internationalization of business r & d activities; (2) supporting networks and structures from r & d to improve cooperation, coordination and dialogue among the actors of the system and provide agents with information, guidance and advice to facilitate access to national and international public and private funding, encourage the search for investors and technology partners and providing advanced technological services; (3) the initial costs for technology based companies setting that might be; (4) the protection and exploitation of knowledge and results, not referred to in the r & d projects, encouraging its transfer; (5) the enhancement of the results obtained; (6) the promotion of scientific culture and innovation in Spanish society; (7) the dissemination of scientific results and innovation, (8) measures of seed capital to support the startup of new companies of technological base, especially the spin off of public sphere (9) performances of venture specialized in r & d for subsequent phases and intelligent capitalization of highly innovative SMEs with the attraction of capital and specialized investors; (10) development of other sources of funding, in particular those 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, as research or marketing, support networks and business groups (clusters), improvement of the accessibility and communication, or the use of common instruments to promote entrepreneurship and trade with SMEs; (12) the aid for investment of material and intangible assets for SMEs.
(h) any other activity geared to the objectives of the State program.
3 the purpose of this article, refers to r & d all that activity, considered in the broadest sense, related to the execution, preparation, promotion and management, internationalization and technical support to r & d, including, in particular: to) projects of fundamental research, industrial research, or experimental development.
(b) the realization of proofs of concept of exploratory activities of scientific and industrial research.
(c) feasibility studies.
(d) the realization of projects of innovation in products, processes and organisation.
(e) the construction and improvement of own infrastructure for r & d as well as the development of activities of support to r & d, including the management of equipment, installations and other r & d infrastructures.
(f) the management of r & d, including transfer and valorization of the knowledge activities, and advice for projects or international programmes in this area.
(g) the promotion and development of r & d, as the impetus for the creation and development of technological companies resulting in the generation of scientific and technical knowledge in the State program.
(h) participation in international r & d projects and programs.
4 when applicable the general block exemption regulation by category, according to the provisions of the second additional provision, and the beneficiary is a large company, are excluded the activities listed in section 3.d), unless such beneficiary collaborate effectively with SMEs in order to help activity, and whenever SMEs run with a minimum of 30 percent of the total eligible costs.
(5. activities envisaged in paragraph 2.e) will only be eligible for small companies not listed, registered five years maximum, which still have not distributed benefits or arising out of a concentration. In the case of companies that do not have to register, it may consider the five-year period begins to run from the moment that the company start its economic activity either is subject to tax by economic activity.
Article 9. Concepts that can help.
1. subsidies will be allocated to cover the expenses related to the development and implementation of the activities for which have been granted, in the terms provided for in article 31 of law 38/2003 of 17 November.
The funding may apply, among others, to the following concepts: to) direct costs of implementation, which include, among others, the following subconceptos: 1 staff costs, which must be dedicated exclusively to the action if the call had it.
In the case of agencies and entities of the public sector, staff may be hired under any modality of recruitment in accordance with current legislation and with the standards to which the beneficiary, adjusting to the limits that may be established in the corresponding laws of the State budget and other regulations governing the staff at the service of the public sector at any time is subject , without implying any commitment in terms of their later incorporation to the agency or entity. You can see, with the limits and in the form to establish calls, wage supplements for research personnel or technically linked to the institution or centre. In the case of agencies and entities of the public sector is must respect rules on remuneration that application will be.
2nd costs of acquisition, rental, maintenance or repair of equipment, instruments and materials needed for the activity, including computer servers and technical character computer programs.
3rd. Acquisition of material goods listed in the preceding paragraph, in the form of financial leasing ("leasing").
4th purchase of consumables, supplies and similar products.
5 cost of contractual research, technical knowledge and patents bought or obtained by license from sources external to market prices, provided the operation is carried out under conditions of full competition and no element of collusion, as well as the costs of consultancy and equivalent services exclusively to the research activity.
6 application costs and other costs of maintenance of industrial and intellectual property rights.
7th other expenses, including travel, diets, fees and use of Central Services Agency, contributions to national and international scientific societies, rental of computer servers, supplies and similar products, and any others which derived directly from the action and necessary for its enforcement.
8 expenditure arising out of the advice linked to the cooperation and support of innovation, such as consulting management, technology support, services, technology transfer, training and consultancy for acquisition, protection and trade in intellectual property rights and licensing agreements, consultancy on the use of standards, manuals, working papers and documents, local office models , web sites, banks of data, technical libraries, market research, and labeling of quality, testing and certification services.
9th expenses arising from advice from the realization of studies, broadcasting, advertising, training and preparation of training material, internationalization of scientific and technical activities, rental of rooms, organization of conferences and events, congresses, seminars, or other actions aimed at the development and implementation of the activities for which they have been granted.
10 fees, costs of use and access to scientific infrastructures and unique techniques and large national and international scientific facilities, conditions and limitations established the call.
11. compensation of research staff not linked to beneficiary entities where it is involved in the execution of the subject of grant proceedings provided that this does not contravene the remuneration regime of such personnel.
12. the temporary displacement of highly qualified personnel (Bachelor's degree and at least five years of experience, including, where appropriate, PhD) from a body of research or a large enterprise, working in research, development and innovation in a recently created in an SME function and not replacing other personnel.
13. the costs of hiring staff for innovative business groupings for activities such as collaboration, information exchange and the provision of specialized services to enterprises, the marketing of the group, the management of its facilities, the organisation of training programmes, workshops and conferences as well as transnational cooperation.
14. the costs of investment in material and immaterial assets for the creation of a new establishment, the extension of an existing establishment, diversification of the production of an establishment into new additional products or a fundamental change in the overall production process of an existing settlement.
15. the costs arising from the implementation of a new business project of innovative companies. You may finance the costs associated with the plan presented by the company during the first two years from the 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 groups: staff costs and administrative costs (including overhead) concerning the business of the group to facilitate collaboration, exchange of information and providing or channelling of specialized and customized business support services as well as those relating to the marketing of the cluster to increase the participation of new companies or organizations and reinforce the visibility; those relating to the management of the facilities of the grouping, the organisation of training programmes, workshops and conferences to promote the exchange of knowledge and networking, as well as transnational cooperation.
18. the costs arising from the operation of innovative business groups, for a maximum of ten years.
19. the expenditure arising from the report prepared by an auditor, when their contribution is requested in the call. In those cases in which the beneficiary is obliged to audit their annual accounts by an auditor submitted text consolidated the accounts audit law, approved by Royal Legislative Decree 1/2011, 1 July, the justificatory account review will take place by the same auditor, or other, whenever it is registered in the official register of accounts auditors.
(b) indirect, understood costs as overhead costs allocated to the action, but that they can not be attributed directly by its nature. Indirect costs must respond to real performance cost, assigned to the same pro rata in accordance with a generally accepted method in accounting practice, and duly justified. The real cost of the general expenses of the beneficiary recorded in the last financial year and the ratio between the cost of staff charged to the performance and the total cost of the staff of such beneficiary, with a limit of 25 per cent of the expenditure of the performance by annuity and entity labour, be taken into account for its calculation.
Indirect costs may be calculated, without having to provide proof of spending, by applying a fixed percentage, to be specified in the request, provided that it can not exceed 25 percent, over the total expenditure of the action validly justified.
In the case of aid co-financed with structural funds be taken into account the provisions of paragraph 3 of the first additional provision.
2 in the case of AIDS provided for in paragraphs 2 and 3 of the second additional provision, where the equipment, instruments and material referred to in paragraph 1.a). 2 ° of this article are not used in life for the research project, only eligible shall be the costs of depreciation corresponding to the duration of the project calculated according to good accounting practices.
Likewise, in this case, the subconceptos referred to in paragraph 1.a). 6 °, 8 and 12, will only be funded in such aid when the beneficiary is an SME.
3 may be subject to funding, charged to the support provided, costs covered by the first paragraph of article 31.7 of law 38/2003 of 17 November.
4. Requests may specify, between concepts and related subject to support subconceptos in this article, which shall apply, where appropriate, develop them, and limit the amount of aid for each concept.
5 according to the specific characteristics of the assistance, the call will require the beneficiary the contribution of own financing to cover the funded activity as a mechanism that guarantees the economic and financial capacity.
6. the aid granted to the public research institutions referred to in article 47 of the law 14/2011, 1 June, as well as other research centers of the public sector, universities, and public law bodies whose budgets consolidated with the General State budgets or the of the autonomous communities, continue to the modality of marginal cost. Aid can finance up to 100% of the marginal costs of the action.
The provisions of this paragraph is compatible with the application by entities related in the preceding paragraph for a grant to total costs within the framework of an international r & d project, when this so provides it. In that case, the national application, that will follow the mode of marginal costs, it shall this end in the form indicated in the calls.
7. for beneficiaries not covered in the previous section, the calls may elect to apply the mode of marginal cost, in which case aid can finance up to 100 percent of these marginal costs of the action, or, Alternatively, by the mode of total costs, and may, in that case, set a ceiling of funding for all costs of the action.
Article 10. Subcontracting.
Actions may be subcontracted object of assistance, while respecting the requirements and prohibitions set out in article 29 of law 38/2003 of 17 November, and article 68 of its rules of procedure for development, according to the nature of the activity supported, up to the maximum rate of 90 per cent of the amount of the subsidised activity, when the beneficiary is a non-profit entity. The calls may restrict the maximum percentage of subcontracting.
Chapter IV article 11 aid regime. Types of aid.
1. the aid may be granted under the form of grant, loan, refundable deposit, credit, or a combination thereof.
2. subsidies may be annual or multi-annual, character with the length specified in the calls.
3. requests will establish the conditions of loans in terms of depreciation, lack, interest and terms of repayment period, including possible subrogation.
4. proposals may be co-financed with funds from the European Union.
Article 12. Execution of the activity.
1. the aim of grant activity will be handled in each performance, within its period of execution, which determined in decisions of grant, taking into account the object or the purpose of the aid.
2. investments and costs incurred by the beneficiary may be made throughout the period of execution for which grant aid, the particularities that establish the calls or resolutions of concession, and without prejudice to the provisions of article 25.2.
Shall be deemed made spending that takes place within the period of execution and is actually paid during the same or more take, within the three months following completion of the mentioned term of execution.
3. on supports covered by paragraphs 2 and 3 of the second additional provision, in order to comply with the provisions of article 39, the activity of the beneficiary must start when it filed its request for aid, with the exception of the cases provided for in the said article.
4. to goods acquired inventariables les shall apply provisions of paragraphs 4 and 5 of article 31 of law 38/2003 of 17 November. The period during which the beneficiary must be the property acquired for the particular purpose of the aid, shall be equal to the lead time of the financed actions, or five years for the goods which can be registered in a public register and two years for non-registrable goods registering, applying the corresponding term that is longer.
5. the depreciation of the goods inventariables expenditure shall be subject to the rules established in article 31.6 of law 38/2003 of 17 November.
Article 13. Warranties.
1 subsidies regulated by this order which take the form of subsidy and credit not shall be the Constitution of guarantees.
2 shall be required by the Constitution of guarantees to entities not envisaged in article 42.2, away to), c) and (d)), the regulation of development of law 38/2003 of 17 November, when the aid take the form of loan or refundable advance and exceeds the number of 200,000 euros, and, in any case, in the case of coordinated projects or in cooperation When the total granted exceeds the number of 1,000,000 euros.
The entities provided for in article 42.2, away to), c) and (d)), the regulation of development of law 38/2003 of 17 November, they will not be exempted from submission of guarantees when aid is granted in the form of loan and, in addition, the amount exceeds 5,000,000 euros.
3. warranties will make up by a percentage, to be established in the calls, and that in no case shall be less to 25 per cent of the amount granted to entities obliged to do so. When the help is paid in several beltways, for each one of them is shall constitute a warranty by the referred percentage of the amount that is going to meet in the Beltway. In case of plurality of beneficiaries, the amount of the guarantee will be distributed among the members of the group forced to your presentation.
4. applicants for the granting of the aid in the interim resolution shall constitute the first bypass security prior to the award. The contribution of the guards of the collateral security will not generate a subjective right to obtain support by the interested party, nor shall prejudice the content of the resolution of granting, where appropriate.
5. the guarantees constitute, at the disposal of the body granting, at the request of this or the organ instructor, as appropriate, in the General deposit box or their branches, framed in the delegations of economy and finance, on modalities and characteristics and requirements determined in calls, as laid down in the rules of procedure of the General deposit box approved by Royal Decree 161/1997 of 7 February.
Also, warranties relating to AIDS convened by the Centre for Industrial technological development which shall take the form of endorsement given by bank or by reciprocal guarantee society may act in the body, which is responsible for its termination or enforcement.
6. the deadline for the receipt of the collateral security from the notification of your request will be set to the calls.
7 the lack of accreditation before the competent authority of the guarantees, when they were required, and Constitution will have any of the following effects: a) shall the applicant be withdrawn the request, when the guarantee is payable prior to the grant.
(b) when the case of beltways subsequent to the granting of the aid, retention of payment so far proving the creation of the security, and may give rise to the loss, permanently, from the right to the payment of the amount that was to deliver when, having been made prior request of the awarding body that credited the creation of the security , this is not served within the period of fifteen days.
8. the General case of deposits, once agreed the reimbursement by the competent organ, and instance of this, run guarantees in accordance with the procedures laid down in its regulatory.
When the warranty is not enough to meet the responsibilities to which it is affected, the administration shall effect recovery of the difference continuing the administrative enforcement proceedings, pursuant to the provisions of applicable standards of fundraising.
9 warranties will be cancelled, in the manner and time to be determined in the calls, by agreement of the awarding body, in the following cases: to) when the sums due are refunded.
(b) when, for a loan, had occurred the subrogation of the debt by a financial institution.
(c) when guarantees had formed prior to the grant by an amount greater than that provided for in paragraph 3 of this article, or when there is the rejection or withdrawal of the application, will cancel the part in excess or all of the same, as appropriate.
(d) when it had reinstated the amounts due in the cases referred to in article 37 of law 38/2003 of 17 November.
In any case the guaranteed quantity may exceed the percentage of the 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 of granting of aid governed in this order, in their justification and monitoring and possible procedures for reinstatement that you can start will be made through electronic means.
2. the use of established electronic media will be required both for the notification or publication of the administrative acts that are handed down, as for the submission of applications, briefs and stakeholder communications, they must do so through the electronic office of the awarding body and use a system of advanced electronic signature. The calls shall establish requirements that must comply with the corresponding electronic certificate.
3. the notification of the administrative acts may be carried out by means of the system of notification by electronic appearance, provided for in article 40 of the Royal Decree 1671 / 2009, dated November 6, which develops partially law 11/2007, of 22 June, 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 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, the calls may elect to notification of all or some of the paperwork through publication in the electronic site of the awarding body the effect is all the practiced notification.
5. with the aim of ensuring the transparency of the procedure, when the notification of the proposal of interim resolution and the resolution of granting by means of the procedure laid down in paragraph 3, will be published in the electronic address of the licensor, solely for informative, lists of applicants contained in those resolutions.
6. Requests may require that interested parties who submit any type of application, written communication, are previously accredited on an electronic register of applicants.
7. Requests may limit the size and the format of the electronic files that should be appended.
8. exceptionally, in case of failure in systems that hinder electronic communications, the awarding body may determine other different forms of communication, agree on an extension of term or determine the opening of a special term for the time strictly necessary to avoid damages to the interested parties. These circumstances shall be published in the electronic site of the awarding body, or in a prominent place on your web page if the above is not possible. In the event that required the opening of an extraordinary time, besides the publication in the «Official Gazette» will be needed.
Chapter VI rules of procedure article 15. Granting procedure.
1. the procedure of granting of aid will be competitive competition, provided for in article 22 of law 38/2003 of 17 November, in accordance with the principles of publicity, transparency, objectivity, equality and not discrimination, effectiveness in the fulfilment of the objectives and efficiency in the allocation and use of public resources that designates the article 8.3 of the Act.
2. the procedure shall be subject to provisions in the law 38/2003, 17 November, and in the regulation of development, with characteristics which establish these regulatory bases.
3. the procedure will start automatically by means of the corresponding call, carried out by the competent authority, which shall be published in the «Official Gazette».
Article 16. Competent bodies.
1. the body responsible for the initiation of the procedure will be the Secretary of State for research, development and innovation or the Presidency of the Centre for the Industrial technological development (CDTI), in the field of their respective competencies.
2. Management and instruction of the procedure shall be the bodies under the General direction of scientific and technical research, of the Directorate-General for innovation and competitiveness, or of the CDTI, in the field of their respective competencies. Calls will determine the relevant bodies, depending on the purpose of the aid.
3 it is resolution of the proceedings for the grant to the Secretariat of State for research, development and innovation or the Presidency of the CDTI, in the field of their respective competencies.
Article 17. Submission of applications.
1. Requests shall be submitted in the form and within the time limit set in each call, which may not be less than fifteen days, and, where appropriate the nature of the proceedings, shall indicate the openness of it, in accordance with article 59 of the regulation of development of law 38/2003 of 17 November.
In the event that the call is open character, for the resolution of the applications submitted for each selection procedure, will divide the credit assigned for this purpose between the selection procedures to be laid down in the call.
If excess of credit assigned to the corresponding resolution, once addressed the proposed applications, non-employee funds shall be allocated to the next period.
2. Requests shall be submitted by the corresponding form, along with the documentation specified in the call for proposals as part of the application, and must have the advanced electronic signature of the legal representative of the applicant entity specified in article 14.2. When so required for the evaluation, they may require the presentation in English of technical documentation.
In the case of AIDS provided for in paragraphs 2 and 3 of the second additional provision, applications will have the following minimum content: to) name and size of the company; (b) description of the project, including their dates of start and end; (c) the location or locations of the project; (d) list of project costs; (e) type of aid (grant, loan, guarantee, refundable advance, capital contribution or other); (f) the amount of public funding required for the project. When calls established expressly and unequivocally the type of grant aid will not be necessary to consider paragraph e) the request for assistance must indicate only the amount of the requested funding.
Only applications will be considered submitted those performed within time that include both those documents which the call is considered as essential and which should form part of the application, and the form and whose absence or lack of content will determine its rejection as inadmissible.
3. the application must express consent or opposition to organ instructor can verify or collect other bodies, authorities or providers of information, by electronic means, information on the fulfilment of tax obligations and with Social Security, pursuant to article 22.4 of the regulation of development of law 38/2003 of 17 November , or other circumstances of applicants or applications which, according to the call and the applicable regulations are relevant to the statement of the procedure. In the case of opposition, the applicant must submit certificates or evidence that the effect require you the call.
4 may accept the replacement of the presentation of certain documents, which shall be specified in the call for proposals, a statement of responsibility of the applicant, in the terms established in article 23.4 of the law 38/2003 of 17 November. In this case, prior to the grant proposal, applicants included in interim resolution of granting of the aid may be required to the effect that provide documentation attesting to the reality of the data contained in its declaration within a period which may not be less than five or more than ten days.
However, the call may establish mechanisms to avoid the requirement to the beneficiary of documents that already held by the organ instructor, in the cases of material impossibility of obtaining them, which provides the second paragraph of article 23.3 of the law 38/2003 of 17 November.
5. in accordance with the provisions of article 33 of the regulation of development of law 38/2003 of 17 November, the applicant must submit responsible for express declaration have not received subsidies concurrent or, where appropriate, the exhaustive list of other subsidies, grants, revenue or public or private resources that might affect the compatibility for the same object of assistance actions , in accordance with the provisions of articles 34 or 38 of this order, as appropriate, including in a differentiated way the relationship of aid de minimis requested and received in the current period, as well as those received during the previous two fiscal years.
This express responsible statement should carry out at the time of filing or at any later date mentioned concurrency occurs.
6. If the request, with the minimum content referred to in paragraph 2, do not meet the requirements established in the call, organ instructor will require the applicant so that, within the period of ten days, remedy the lack or attach the documents required, with warning that if he did not, you will be by desisted from the application , in accordance with provisions in article 71 of the law 30/1992, of November 26, and in article 23.5 of the law 38/2003 of 17 November.
You will only accept the modification or voluntary improvement of the application by the beneficiary at the request of the instructor body, pursuant to article 71.3 of the aforementioned law.
Article 18. Statement of the procedure.
On instruction of the procedure for granting the following activities may be performed: to) the request of many reports may be necessary to resolve or which are required by this order or the call.
In this regard, requests may be technical reports technical assessment and, where appropriate, economic-financial, that may be made by independent, national or international, expert technical committees of experts, or by national or international assessment agencies as determined by the call, pursuant to article 5 of the law 14/2011, June 1.
((b) the pre-assessment of the applications, following the provisions of the second paragraph of article 24.3. b) law 38/2003 of 17 November, and on the calls. At this stage organ instructor will verify compliance with the conditions for acquiring the status of beneficiary. In any case, this phase may only affect those requirements whose attendance does not require any scientific or technical assessment. In the event that the exclusion of any applicant had occurred at this stage you will be notified so far in the form determined by the call.
(c) the evaluation of applications.
Article 19. Evaluation and selection.
1 calls be established that the procedure for evaluation of applications is conducted in one or two phases: to) in the procedure in a phase the evaluation will be done only once. Applicants will provide the information necessary to evaluate the proposal in accordance with all the criteria of evaluation established with the request.
((b) in the procedure in two stages, applicants will first present the request with the necessary documentation in a simplified format, which may be mentioned in the article 18th reports), and will be evaluated by the Evaluation Committee according to criteria to be determined for this phase. Requests which, if any, do not exceed the threshold that is set to one or some of the criteria, or do not meet the criterion or criteria to be granted limited will be deleted.
In the second phase, will open a new deadline for submission of applications in full format, in which applicants whose applications have passed the first, will present the rest of the documentation, and these will be evaluated according to the criteria established for this phase.
This two-stage evaluation procedure only can continue on the types of actions referred to in the annex to this order which provide for such a possibility.
2. the evaluation of requests takes place by evaluation committees, comparison of applications according to the criteria established, seen, in his case, the reports referred to in the 18th article).
3. the assessment procedure can contemplate, if so provided for in the call for proposals, holding face-to-face interviews or video-conferencing, where appropriate, provided that these measures respond to a public call for all applicants, and respect the principle of equal opportunities. When so determined by calls for proposals, evaluation, in its different phases, can develop in English language in technical aspects as required by the international dimension of aid.
4. the procedure of evaluation of performances in coordination will take place on the set of applications that integrate them.
5. the evaluation committees will be specific to each one of the modalities of summoned subprogrammes included performances, and will be designated by the awarding body. The committees will have the following composition: to) when the Presidency corresponds to one of the addresses General of the Secretariat of State for research, development and innovation: 1 President: the head of the General Directorate of scientific and technical research or the Directorate-General for innovation and competitiveness, in the field of their respective competencies.
2nd Vice President: the head of the Subdirectorate-General for having attributed the statement of the procedure.
3rd vocal: i. the holder of one of the General branches attached to the Directorate-General which holds the Presidency, or the appropriate Deputy Director General or assimilated.
II. the holder of a subdirectorates general or equivalent units assigned to the other two Directorates-General referred to in paragraph 5.a). previous 1st, or the appropriate Deputy Director General or equivalent.
III. an expert on behalf of the national agency of evaluation and foresight, and another on behalf of CDTI.
IV. where appropriate, up to four experts, the profile specified in the call for proposals, designated by the awarding body, in the scope of the respective State subprogramme.
4th will also have a Secretary, without membership, which will be an official of the organ instructor, and will act with voice but without vote.
(b) when the Presidency corresponds to the General direction of the CDTI: 1st President: the head of the Directorate General of the CDTI.
2nd Vice President: the head of the operational management of the CDTI is determined in the call.
3rd vocal: i. the holder of another operative directions of the CDTI.
II. the holder of one of the General branches of the scope of the Secretariat of State for research, development and innovation, or the appropriate Deputy Director General or equivalent.
III. an expert from the General Secretariat of science, technology and innovation iv. An expert in representation of the national agency of evaluation and foresight, and another on behalf of the Secretariat of State for research, development and innovation.
v. In your case, up to four experts, the profile specified in the call for proposals, designated by the awarding body, in the scope of the respective State subprogramme.
4th will also have a Secretary, without membership, which will belong to the organ instructor, and will act with voice but without vote.
6. commissions that may settle on the basis of this article shall ensure parity between men and women, as provided for in the organic law 3/2007 of 22 March for the effective equality of women and men.
7. in matters not provided for expressly in these regulatory bases or in the call for proposals, operation of the Evaluation Committee 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 will be attended with those media personal, technical or budget assigned to the Secretariat of State for research, development and innovation, and they will not entail increase of appropriations, fees, or other costs of personnel at the service of the public sector.
Article 20. Criteria for assessment of applications.
The criteria of assessment and weighting for the different types of actions that will convene under the auspices of this order are those specified in the annex.
Article 21. Motion for a resolution.
1. the Commission's assessment, pursuant to the established criteria for the evaluation, will issue a reasoned report on the priority of requests, arranging them individually or by category, provided that, in the latter case, to provide an unequivocal judgement for your selection. However, it is not necessary to set the order of precedence when consigned credit sufficient to meet all requests that satisfy the requirements.
2 organ instructor, in view of the record and of the report of the Evaluation Commission, will issue a reasoned provisional motion and notify the interested parties so that, within the period of ten days, formulate allegations if they deem it appropriate. This time limit may be higher if so expressly set depending on the performance. The proposal will include, as a minimum: a) the entity or applicant entities for which proposes the granting of the aid, together with the amount and conditions of the same.
(b) where applicable, the ratio of requests, sorted by priority, under the terms and for the purposes set out in article 63.3 of the regulation of development of law 38/2003 of 17 November.
(c) the nature of de minimis aid, when appropriate, of doing complete reference to Regulation (EU) No. 1407 / 2013 of the Commission of 18 December 2013, concerning the application of articles 107 and 108 of the Treaty on the functioning of the European Union (de minimis regulation) de minimis aid.
(d) where appropriate, the equivalent of gross subsidy of the proposed aid.
3. on the occasion of the hearing process, when thus provides for the call, the acceptance of assistance for successful applicants, as well as the presentation of supporting documents or documents be sought at the same event.
Also, may be required to this pending the Constitution of guarantees which, if any, could be required under article 13, in the form and time limits laid down in that article.
Lack of response of the applicant the aid means accepted, except that is does not provide supporting documents and required documents, in which case shall be you withdrawn your application.
4 you can dispense with the procedure of hearing in the cases provided for in article 24.4 of the law 38/2003 of 17 November.
5 completed, where appropriate, the process of hearing, organ instructor will formulate definitive resolution, which expressed the applicant or ratio of applicants for those who intends to grant and its amount.
6. when it is coming, and so the call to dispose organ instructor will notify applicants who have been proposed as beneficiaries the proposed final decision so that, within the period of ten days, communicate its acceptance or withdrawal of the proposed aid and provide supporting documents or documents and, where appropriate, constitute the guarantees required under article 13 If they had not done so earlier. Shall apply the provisions of the third subparagraph of paragraph 3 of this article.
7. proposals for a provisional and definitive resolution do not create any right in favour of the beneficiary proposed against the Administration, while the resolution of concession has not been notified you.
Article 22. Reformulation of applications.
1. where the amount of the aid of provisional resolution is less than as set out in the application as filed, may urge the beneficiary to the reformulation of its application to adjust commitments and conditions to provided assistance, in the terms laid down in article 27 of law 38/2003 of 17 November, and article 61 of the rules of development of law 38/2003 , 17 November.
2. in any case, the reformulation will adhere to the provisions in article 27 of law 38/2003 of 17 November, and article 61 of its rules of development.
Article 23. Resolution.
1. once high final resolution to the competent organ to resolve, this issue resolution procedure, which will put an end to the administrative procedure.
2. the resolution of the procedure will be duly motivated, with references to this order and to the corresponding call, organ instructor reports as well as the evaluation process. For ignored applications shall indicate the reason for rejection and, in particular, will be referred to, in your case, if it has not reached any of the thresholds.
Resolution of concession must contain at least:
(a) the list of applicants which support, which includes the identification of the action or actions, the amount granted to each applicant and help mode, as well as express rejection of the remaining requests are granted.
(b) the General conditions and the specific conditions established for each support.
(c) the fundable budget and the amount of the aid granted, as well as the form of payment.
(d) being refundable advances, loans and financial resources, the conditions for granting and return them.
(e) the system of resources.
(f) where appropriate, the appointment of the de minimis regulation.
(g) where appropriate, the equivalent of gross subsidy of the proposed aid.
(h) where appropriate, mention of the financing from the structural funds will be.
3. the resolution of the procedure will be issued and notified within a maximum period of six months from the publication of the corresponding call, except that it postpone its effects at a later date.
The aforementioned deadline for resolution of granting can be interrupted in accordance with article 42.5 of the law 30/1992, of November 26, or in the cases referred to in article 24.3. to) of law 38/2003 of 17 November.
The lack of express resolution within the period indicated legitimate stakeholders to understand the granting of the aid request rejected by administrative silence.
4 ensuring observance of the principle of equality in the granting, the awarding body may issue successive and partial concession resolutions, on the totality of applications submitted, to the relevant body formulate appropriate proposals of resolution provisional and definitive partial. In this case, the call shall establish the measures that guarantee the principle of equality in the provision.
5. the resolution of award may include a ranked list of applications, according to the score or reached priority, under the terms and for the purposes set out in article 63.3 of the regulation of development of law 38/2003 of 17 November. Calls and resolutions of concession shall determine the circumstances and the period in which the provisions of paragraphs second and third article may be applied.
Article 24. Modification of resolution.
1. actions should run in time and form to be determined in decisions of award. However, when arise specific circumstances affecting the technical or economic conditions taken into account for the granting of the aid, you may request modification of resolution of concession in the way established the call.
Any change in the content of the resolution required simultaneously: to) that it be requested before the end of the period of execution of the project or, where appropriate, the corresponding annuity, and is expressly authorized by the awarding body. The calls may set a time limit for the application for amendment.
(b) that the change does not affect the objectives pursued with the help, including regional purpose, to its fundamental aspects or that they were decisive for the granting of assistance in the determination of the beneficiary, nor damage of third party rights.
However, in relation to the determination of the beneficiary, if may be permitted: 1 those related to fusion, absorption and scission of companies and which are consequence that one of the beneficiaries of a cooperation project leave it.
2nd change of beneficiary of the aid, provided that the new entity meets the requirements laid down in articles 4 and 7, and the others set out in the call for proposals, and undertakes to keep the aim of the grant activity. The authorization will require a technical report in which the suitability of the new beneficiary is found to ensure the viability of the project.
In this case, the remnants of aid not spent by the original beneficiary must be transferred directly to the new entity, which will acquire the status of beneficiary from the date of the amendment of the resolution.
When the substitution of a beneficiary whose support will fall within the scope defined in article 32, by another entity which must fit within the scope of article 35, the modification of the resolution shall take into account the provisions of chapter II of title I and the provisions applicable to aid for that type of beneficiaries.
(c) amendments to obey to causes which have arisen that could not be foreseen at the time of the request.
2. the application for amendment must be accompanied by a report in which the reasons for the changes will be posted and justify the failure to comply with the conditions imposed in the resolution of award and compliance with the requirements set out in paragraph 1.
3 may be authorised, generically for all recipients, increases that do not exceed a certain percentage that is established in the calls, which may not exceed 20 per cent, in the susceptible to help subconceptos appearing in the resolution of concession, which is offset with decreases in others, and provided that the total amount of the aid may not change , and that the beneficiary justifies properly change tracking or justification documentation.
4. when indirect costs should be calculated by applying a fixed percentage, transfers of the concepts of direct costs indirect costs reflected in the resolution of grant will not be accepted.
5. Requests may set a maximum number of requests for modification of economic content per year and performance.
Article 25. Payment.
1. the aid granted may be a fixed prize or variable and the payment may be in form of payment single or fractionated, annual or multiannual, and proactively to account, subsequent to the realization of the aim of grant activity, or a combination of the above mentioned forms.
2. payments on account shall be adapted to the pace of execution of the performance, by paying for equivalent amount to justification presented annually by the beneficiary, which may consist of a list of expenses, in the form that provides for the call.
3. each payment will be conditioned that there is evidence by the managing body of the beneficiary meets all the requirements set out in article 34.5 of the law 38/2003 of 17 November.
4. the managing body of aid may condition a last payment, on the percentage of the total amount of grant that is determined in the call to the satisfactory completion of the economic justification, once carried out all the necessary checks with respect to the eligibility of imputed expenditures.
5. in addition, payments may be conditional upon the presentation of the documentation that are required in the call or the resolutions of concession, to the Constitution of the guarantees provided for in article 13, in his case or, when payments are made in various annuities, if necessary, the presentation of the documentation required for follow-up or justification of the action , or, eventually, to his positive evaluation, in the form and circumstances that are specified in the call.
6. in the case of actions in cooperation, if so provided by the call, the payment of the aid can be made to the representative of the group, who will be responsible for the transfer to each beneficiary of the funds which they are entitled according to the distribution established in the resolution of granting. The call may establish a time limit in which the representative of the Group has to transfer the funds to the rest of the group.
7. when aid includes loan, credit or refundable advance mode, payments will be conditional to the beneficiary prove to be aware of their obligations of repayment of any loans or advances granted previously charged to the general budget of the State.
8. the use of the figure of the advance payment will be adjusted at the beginning of efficiency in the allocation and use of public resources referred to in the organic law 2/2012, April 27, of budgetary stability and financial sustainability.
Article 26. Justification.
1. the economic justification will be handled 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 matching its regulation of development and, where appropriate, in the legislation of the European Union.
2. the form of justification must be by the media and in the formats established for that purpose.
3. the justification will take the form of justificatory account in any of these three modes: ordinary, with contribution of auditor's report, or simplified. The use of one or other form shall be governed by the following rules: to) you can use the justificatory account simplified, with content laid down in article 75 of the regulation of development of law 38/2003 of 17 November, in the cases provided for in the articles 75.1 and 82.1 of the regulation referred to as well as, where applicable, on the eleventh of the law 14/2011 additional provision , from June 1.
(b) in all other cases, is you can choose by ordinary justificatory account provided for in article 72 of the regulation of development of law 38/2003 of 17 November, or the justificatory account with contribution of auditor's report. The latter shall be governed by the provisions of article 74 of the regulation referred, and will contain expected affirmative action in its article 72.1 memory, as well as an economical memory abbreviated with the contents of paragraphs to), d), e) and g) of article 72.2 from it. The auditor's report shall conform to the provisions of the order EHA/1434/2007 of 17 may, approving the standard of performance of Auditors of accounts in the work of review of support accounts of subsidies, within the scope of the public sector, provided for in article 74 of the regulation implementing the law 38/2003 November 17, General grant, approved by Royal Decree 887/2006, of 21 July.
(c) in the actions part-financed with Community funds follow the specific rules resulting from application.
4. in any case, the beneficiaries must keep all invoices and other documents certifying the expenses subject to the help that they have incurred, at the disposal of the awarding body, which may require them for your checking.
5. the term of justification by the beneficiary of the fulfillment of the purpose for which the aid was granted is set to the calls, and may not be more than one year since the end of the execution of the same.
Without prejudice to the provisions of article 25.2, where the Beltway of aid takes place in various annuities calls establish the requirement of the presentation by the beneficiary of the supporting documentation of the expenses incurred so far, before the issuance of subsequent to the first annuities, in the form and term that is established in the same , and which may consist of a list of expenses.
6 in the event that, pursuant to the provisions of article 24.1, had occurred a substitution of the beneficiary, each of them it will be the beneficiary of the aid in the period and the amount determining, considered together, the resolutions of concession and modification of the concession, in view of the budget spent and the activity carried out at the time of the replacement. Each beneficiary will be responsible for the implementation and justification of the part of the aid corresponding.
Article 27. Follow-up of the performances.
1. the body that determined the calls or, failing that, organ instructor, carry out the follow-up of the objectives of the action, as contemplated the effect in the State r & d Plan.
2. Likewise, requests should establish the frequency and the follow-up procedure, which must be effective, transparent and based on the quality and the scientific/technical and socio-economic impact of the financed actions, which may provide for the creation of many committees consider necessary.
3. the follow-up of the action will take place often as determined by the calls, and once it is completed (evaluation ex post).
4. the monitoring shall be based in the documentation or information requested to the beneficiary, on objective indicators established for this purpose and publicly known and comparable as well as on-site and public presentations with whom determine organ instructor, which may develop in English if so calls determine it.
5 calls for proposals may provide for the way in which the results of the intermediate evaluations, where appropriate, and ex post financed actions can be taken into account when the interested party requests a new aid of the State r & d Plan.
6. Requests may establish mechanisms enabling to proceed with a reduction of aid in cases where follow-up activities make clear a degree of compliance with the indicators bottom provided for in resolution of granting.
Article 28. Performances of verification and control.
1. the beneficiary shall be subject to verification actions to be carried out by the awarding body, as well as control by the General intervention of the administration of the State and the Court of Auditors and, where appropriate, by the European Commission under article 108.1 of the Treaty on the functioning of the Union European, relating to state aid , and the provisions of the regulations related to the management of grants financed with funds from the European Union, and any other applicable regulations.
2. the awarding body may perform actions established to verify compliance with the required conditions to the beneficiary, as well as by the beneficiaries of the action object's help.
3 formal verification for the liquidation of the aid will be on the justifications presented accounts. Invoices or documents of probative value analog supporting such reports shall be subject to verification in the following four years, or ten years when financing with funds from the European Union or in the case of subsidies provided for in paragraphs 2, 3 and 4 of the second additional provision, on the basis of a representative sample to which end the managing body may require beneficiaries remission of the receipts that make up the sample, as well as perform the checks listed in each of the annual plans of action referred to in article 85 of regulation of development of law 38/2003 of 17 November.
4. the beneficiaries must have accounting books, filled out records and other documents in the terms required by the law applicable to the beneficiary, as well as invoices and supporting expenditure of equivalent probative value and the corresponding supporting documents of payment. This set of documents is the supporting tool of the aid granted, and ensures its proper reflection in the accounts of the beneficiary.
Article 29. Reinstatement.
Will be the reinstatement of perceived support, as well as corresponding interest, in the cases provided for in articles 36 and 37 of law 38/2003 of 17 November, and this will be governed by the provisions of title II thereof, and title III of its previous development, appropriate record of non-compliance with regulations.
Article 30. Criteria of graduation of breaches.
Breaches graduation criteria will be as follows: to) non-compliance with overall objective scientists and technicians or activities for which approved aid, determined through the mechanisms of scientific and technical monitoring and verification of the justification, will be cause for full refund of the grant. Especially, will be considered unfulfilled goals when not a percentage right, established in the call for aid, in relation to the activities, costs and investments provided for in the action has been completed.
(b) the breach of partial objectives or specific activities of the action will lead to the return of that part of the aid intended for such objectives or activities or, in the case that is so established in the call, the loss of the right to total or partial payment.
(c) the realization of unauthorized modifications to the fundable budget will mean the return of the diverted amounts.
(d) the non-presentation, as established in the corresponding call, reports of annual monitoring or end, both technical and economic, will result in the refund of amounts paid and not justified.
(e) the lack of submission of documents to justify the preparation of bankable investment will result, past fifteen working days after the request of the awarding body, the reinstatement of all aid not justified, in accordance with article 70.3 of the regulation of development of law 38/2003 of 17 November.
(f) the non-contribution of three bids 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 percent, unless the beneficiary shows that recruitment has been made at market prices.
(g) failure to comply with the obligation to publicize the aid granted, in accordance with article 31.3 of the regulation of development of law 38/2003, 17 November, and set out in article 7.2, will be cause for the partial refund of the amount associated with the failure.
However, and without prejudice to the provisions of Community legislation and the sanctions that may be imposed, where applicable if there is non-compliance with the obligations set out in this letter, and if even possible their fulfilment in the terms established, or corrective action for the lack of publicity may be made, the awarding body will require the beneficiary take measures of broadcasting in a period not exceeding fifteen working days with express warning of the consequences of such failure could arise by application of article 37 of law 38/2003 of 17 November.
Article 31. Offences and penalties.
The regime of offences and administrative penalties shall be laid down in title IV of law 38/2003 of 17 November.
Title I specific provisions chapter I specific provisions for non-economic activities of article 32 research organizations. Scope of application.
1 the provisions of this chapter shall apply to aid for non-economic activities whose beneficiaries are considered research organizations according to the definition in article 2.a).
(2 research organizations will be responsible for the compliance with the conditions specified in item 2.a), and must demonstrate these ends through responsible for filing.
3. the research organisations shall take appropriate measures to ensure the dissemination of the results of financed research and development actions, or reinvesting in inner primary activities of revenue they could generate, so they do not impact on their economic activities.
4. in application of paragraph 1 of the second additional provision, the AIDS referred to in this chapter will not have consideration of State aid.
Article 33. Amount of aid or criteria for their determination.
1. the fundable budget is set based on the total cost of incentive activity. The individual amount of each support shall be determined according to one or some of the following criteria: a) the bankable real cost of performance.
(b) a part of the costs cited in the preceding paragraph, in function of the type and characteristics of the action and of the beneficiary.
(c) a fixed amount, determined to both flat-rate calls, depending on the type of action and beneficiary.
(d) the budgetary availability.
(e) requests may set a maximum limit of support for each type of action.
Subsidies within the scope of this chapter may finance up to 100% of costs of the subsidized activity. The calls may establish different percentages of support for different types of beneficiaries, depending on the mode of action.
2 amounts granted may totally or partially hedge activity that is encouraged, unless in any case, including the possible co-financing, the real cost of the subsidised activity is exceeded.
3. exceptionally, when expected is that the volume of the amount of requests could be significantly higher than the maximum overall amount earmarked for support and do not require any alteration of any requirements or conditions set, requests may allow the possibility of the apportionment among the beneficiaries in the percentage that derived from excess between the request and the maximum overall amount earmarked for support.
4. financial income that could be generated by the funds delivered by prospective beneficiaries will not increase the amount of the aid granted.
Article 34. Concurrency and compatibility of aid.
1 aid regulated by this chapter may be compatible, in the terms established by the calls, with the perception of other grants or aid from any Government or public or private, national and international bodies, or of the European Union, provided that the joint amount of them is of such an amount that, individually or in concurrence with other grants or aid does not exceed the cost of the funded activity and does not imply a decrease in the amount of the own funding required for the recipient, where appropriate, to cover the funded activity.
2. when they relate to actions cofinanced with Community structural funds, aid provided for in this order will not be compatible with the perception of aid financed by other Community instruments for the same expenses.
Chapter II specific provisions for companies and other agents article 35. Scope of application.
1. the provisions contained in this chapter shall apply to subsidies not included in the scope of application of article 32 and, in any case, the aid whose beneficiaries are companies.
2 the entities who, not being companies, will be of application this chapter will be framed within the category of articles 2.b) to 2.g) that apply to them.
(Research organizations according to the definition in article 2.a) will be included in the scope of this chapter in any of the following cases: when requested and are beneficiaries of grants that finance economic activities, when not demonstrate compliance with the conditions laid down in the definition of article 2.a research organizations), or when the calls thus determined it Depending on the specificity of the action financed.
Article 36. Subjects which may not acquire the status of beneficiary.
Without prejudice to provisions of article 35, and of the provisions laying down the calls in this respect, may not acquire the status of beneficiary the following subjects: to) those institutions which are subject to an order of pending recovery from a previous decision of the European Commission, which has been declared illegal and incompatible with the common market aid.
(b) entities which do not prove the economic and financial solvency requirements laid down in the corresponding announcements, if.
(c)) where they are applicable the general block exemption regulation or the framework for State aid for research, development and innovation, companies in crisis, in accordance with the definition in article 2.q).
(d) where application the regulations of the general block exemption, when the company has received rescue aid and still has not reimbursed the loan or cut short the warranty, or have received support of restructuring and is still subject to a restructuring plan.
(e) when it is implementing the de minimis regulation and the form of assistance it is the loan, the entities when in bankruptcy or insolvency proceedings or who satisfy the criteria to be subjected to bankruptcy proceedings. For large companies, in addition, they are in a situation comparable to a credit rating less than B-.
(f) when applicable the de minimis regulation and the form of assistance is the loan, large companies who are not in a situation comparable to a credit rating of not less than B-.
g) when applicable the de minimis regulation, companies that operate in the sectors of fisheries and aquaculture, as referred to in Regulation (EC) No. 104/2000 of the Council of 17 December 1999, by which establishes the common organization of the market in fisheries and aquaculture products sector («Official Journal of the European Union» L 17) (, January 21, 2000); in the primary production of agricultural products; and, in General, all those included in article 1 of the de minimis regulation. The companies operating in the sectors mentioned, and also in one or more sectors not excluded in this letter, may acquire the status of beneficiaries of aid granted in relation to non-excluded sectors or activities to establish a separation of activities carried out in both types of sectors or they can clearly distinguish between its costs in such a way that the activities of the excluded sectors do not benefit of de minimis aid granted.
Article 37. Amount of aid or criteria for their determination.
1. the fundable budget is set based on the total cost of incentive activity. The individual amount of each support shall be determined according to one or several of the following criteria: a) the bankable real cost of performance.
(b) a part of the costs cited in the preceding paragraph, depending on the type and characteristics of the performance and the beneficiary, or on the basis of the ratings put in relationship, if any, with the antiquity of this.
(c) the aid limits laid down in Community legislation which applies.
(d) a fixed amount, determined to both flat-rate calls, depending on the type of action and beneficiary.
(e) the budgetary availability.
(f) requests may set a maximum limit of support for each type of action.
2. exceptionally, when expected is that the volume of the amount of requests could be significantly higher than the maximum overall amount earmarked for support and do not require any alteration of any requirements or conditions set, requests may allow the possibility of the apportionment among the beneficiaries in the percentage that derived from excess between the request and the maximum overall amount earmarked for support.
3. the calls for proposals shall determine, for reasons duly substantiated according to aspects such as the type of activity encouraged, the applied cost modality and the type of support, if financial income that could be generated by the funds released in advance to the beneficiaries increase or not the amount of the aid granted.
4 in the cases provided for in paragraph 2 of the second additional provision, the amount of the aid may 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 if it's a predominantly fundamental research project: 40 million euros per company and per project.
2 if it is a predominantly industrial research project: 20 million euros per company and per project.
3rd to actions predominantly experimental development: 15 million euros per company and per action.
((4th for EUREKA projects or projects executed 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 the lyrics to) c) will be duplicated.
5 for feasibility studies prior to the research activities: 7.5 million euros for study.
(6 in the case of aid referred to in article 9(1). to). 12: 5 million euros per company and per project.
7th in the case of aid for innovation in processes and organization: 7.5 million euros per company and per project.
8 in the case of training aid: 2 million per training project.
9th in the case of aid for investment for research infrastructures: 20 million euros for infrastructure.
((b) in the case of aid for innovation in favour of SMEs, provided for in paragraph 1.a). 6 °, 8 and 12, item 9: 5 million euros by project and by company.
(c) in the case of aid for innovative business groupings: 7.5 million euros by grouping.
((d) in the case of support for new business projects of innovative companies, referred to in paragraph 1.a).15, of article 9, the following amounts by company: 1 for loans with interest rates that do not conform to the conditions of the market, with a duration of ten years, up to a maximum of 1 million euro of nominal amount ((, or 1.5 million euros in the case of companies established in assisted areas that fulfil the conditions of article 107, paragraph 3, point (c)), the Treaty on the functioning of the European Union, or 2 million euro in the case of companies established in assisted areas which fulfil the conditions of article 107, paragraph 3, letter a), of the said Treaty.
2nd for loans lasting between five and ten years, the maximum amounts can be adjusted by multiplying the amounts referred to in the preceding paragraph by the ratio between ten years and the duration of the loan.
3rd in the case of loans with a term of less than five years, the maximum amount shall be the same as in the loans with a duration of five years.
4th for subsidies, up to 0.4 million euros, or 0.6 million euros in the case of companies established in assisted areas that fulfil the conditions of article 107, paragraph 3, point (c)) of the Treaty on the functioning of the Union European; (or 0.8 million euros in the case of companies established in assisted areas which fulfil the conditions of article 107, paragraph 3, letter a), of the said Treaty.
The beneficiary may receive support through a combination of aid instruments referred to in this point (d)), provided that the proportion of the amount granted through an instrument of aid, calculated on the basis of the amount of aid authorized for that instrument, is taken into account for determining the proportion of the marginal with the maximum aid amount granted to other instruments that are part of the mixed instrument.
5 in the case of innovative companies, the maximum amounts referred to in this letter d) may be doubled.
For the purposes of this article, it shall be deemed that a project is "predominantly" of fundamental research, "predominantly" of industrial research, or "predominantly" of development experimental if more than 50 per cent of eligible costs are destined for activities included in the category of fundamental research, industrial research or experimental development, respectively. If the predominant nature of the project could not be established, the lower threshold shall apply.
5. in cases in which the de minimis regulation is applied, the amount of aid, expressed in gross grant equivalent, shall not exceed the 200,000 euros, or the 100,000 euros in the case of companies operating in the road transport sector.
Article 38. Concurrency and compatibility of the aid.
1 aid regulated by this chapter may be compatible, in the terms established by the calls, with the perception of other grants or aid from any Government or public or private, national and international bodies, or of the European Union, provided that the following conditions are fulfilled: to) that the set of the same amount is of such an amount that alone or in competition with each other, not to exceed the cost of the funded activity or does not imply a decrease in the amount of the own funding required for the recipient, where appropriate, to cover the funded activity.
(b) in the case of aid included in paragraph 2 of the second additional provision that occur concurrently with other State aid, such aid measures concern different identifiable eligible costs.
(c) in the case of aid included in paragraph 2 of the second additional provision, when total or partially to relate the same costs, than the set amount is of such an amount, alone or in competition with each other, does not exceed the aid intensity limits laid down in article 40 or, in your case the amount of applicable higher aid...
However, those limits, be exceeded provided that the real performance cost, is not exceeded when this aid fulfilled with 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 aid included in paragraph 2 of the second additional provision, when occur concurrently with other aid, these take the form of capital risk or aid to new business projects.
(e) in the event that the de minimis regulation, that amount, alone or in competition with one another, be applicable does not give rise to the same eligible costs, an aid intensity, or the amount of aid, greater than that established for that case in a block exemption regulation by category, in a decision adopted by the European Commission , or in other Community legislation that would apply.
f) in the event that applies the rules of de minimis, the beneficiary, or if the recipient belonged to a single company, as defined in article 2.g), this last, don't you have been granted, in the period of three fiscal years (the fiscal year of granting of the aid and the previous two), de minimis aid whichever the purpose and source of funds, except for aid from the European Union directly managed by the European Commission, and not under the control of Member States, amounting to total, expressed in equivalent grant gross, exceeding 200,000 euros, or 100,000 euros if the company operates in the sector of road transport. The companies that carry out self-employed operations of transport of goods by road and also other activities applies to the maximum limit of € 200,000, will be subject to the maximum limit provided that they furnish a separation between both types of activities carried out or can clearly distinguish between its costs. In such a case, the part of the aid relating to the activity of transport of goods by road shall not exceed 100,000 euros, and, in addition, the help of de minimis as a whole cannot be used for the acquisition of road freight transport vehicles.
However, in concurrence with the aid of de minimis granted pursuant to Regulation (EU) No. 360/2012 Committee, shall apply the maximum limit laid down in that regulation.
(g) in the case of aid included in paragraph 3 of the second additional provision, these may compete with other aid, provided that, as a whole, are not exceeded the limits laid down in article 40.
However, concurrency of aid resulting in intensities above for projects of industrial research and experimental development, or for the construction or improvement of infrastructures, provided that it can be demonstrated that they are limited to the minimum necessary may be authorized. The overcoming of the limits for the intensities of aid in article 40 shall be subject to authorization by the European Commission.
When eligible expenditures are also potentially eligible partially or completely to other AIDS for different purposes, the coincidental part is subject to the more favorable limit according to any of the applicable rules.
2 when they relate to actions cofinanced by structural funds, the aid provided for in this order will not be compatible with the perception of aid financed by other Community instruments for the same expenses.
3. the provisions of paragraph 1 shall not apply when subsidies are funded by the European Union managed centrally by the institutions, agencies, joint undertakings or other bodies of the European Union, which are not directly or indirectly under the control of the Spanish public administrations.
Article 39. Incentive effect.
1. aid contained in paragraphs 2 and 3 of the second additional provision, except for aid to new business projects of innovative companies, must have incentive effect. Shall be deemed to have incentive effect if, before starting the activity, the beneficiary has presented a request for assistance to the corresponding call, with the content referred to in the second subparagraph of article 17.2.
2 Furthermore, shall be deemed that you helps that exceed the limits established in article 37.4. to) have incentive effect if, in addition to meeting the condition established in the preceding paragraph, the beneficiary can demonstrate that support will have a positive impact on the decision of the company to engage in r & d which otherwise would have failed or would have been way different or limited and (, in particular, will produce one or more of the following effects: a) the launch of a new project.
(b) the expansion of its size or its scope.
(c) the substantial acceleration of the pace of implementation of the activity concerned.
(d) the realization of a r & d project of low profitability, which may entail a strong initial investment, a high risk for the beneficiary, and great benefits to society, or whose results provide for very long term.
Therefore the beneficiary should provide not only information relating to the project, but also, to the extent possible, a complete description of what would have happened or could reasonably have been expected to happen without the help.
In order to check the incentive effect, organ instructor may require the beneficiary to risk assessments, financial reporting, internal business plans, expert opinions and other studies related to the project subject to assessment, as well as documents containing information on demand, costs and financial forecasts, the documents presented to the Investment Committee and to describe in detail various hypotheses of investment , or the documents provided to financial institutions, as well as data specific to the sector in which the recipient operates.
3. without prejudice to the provisions of paragraph 1, if the request for assistance relates to an r & d project, previous feasibility studies carried out by the beneficiary that is not included in the aid application not be taken into account for the determination of the date of commencement of the activity.
4. in the case of aid for projects or activities that take place in successive phases that may be subject to separate procedures, the start of work must not occur before the first request for help.
Article 40. Limits of support.
1 for r & d aid included in paragraphs 2 and 3 of the second additional provision, the maximum intensity of aid which may be granted shall be as follows for: to) projects of fundamental research: 100 percent of the cost of bankable.
(b) industrial research projects: 50 per cent of the cost of bankable.
(c) experimental development projects: 25 per cent of the cost of bankable.
(d) feasibility studies: 50% of the cost of bankable.
((e) the aid referred to in article 9(1), to). 12: 50 per cent of the cost of bankable.
(f) innovation in processes and organization: 50% of the fundable cost for SMEs, and 15 percent for large companies.
(g) training aid: 50 per cent of the bankable cost, which may be increased up to a maximum of 70 per cent of eligible costs by 10 percentage points if training is offered to disabled workers or workers disadvantaged, by 10 percentage points if aid is granted to medium-sized enterprises and by 20 percentage points if it grants to small businesses.
h) aid for investment for research infrastructures: 50 per cent of the cost of bankable.
i) aid in favour of SMEs innovation: 50% of the fundable cost, which may be increased up to 100 percent in the case of aid for counselling and support services in the field of innovation, always that the total amount of grants for these services is not more than 200,000 euros per company in any period of three years.
((j) supports innovative business groupings: 50 per cent of the bankable cost, which may be increased by 15 percentage points in the case of groups located in assisted areas which fulfil the conditions of article 107, paragraph 3, letter 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 that fulfil the conditions of article 107 above, paragraph 3, letter c), of the said Treaty.
2. the aid intensity shall be determined for each beneficiary, even if it's collaborative projects in accordance with paragraph 4.
3. when granted aid under paragraphs 2 and 3 of the second additional provision to a research and development project conducted jointly by research bodies and companies, supports combined in the form of direct public subsidy to a project specific and, when they constitute aid, contributions from research to the same project organizations they may not exceed the applicable maximum intensities for each benefiting company.
4 when granted aid under paragraphs 2 and 3 of the second additional provision may increase, up to a maximum of 80 per cent, the basic aid intensities laid down in paragraph 1 for industrial research and development experimental as follows: to) when subsidies are granted to SMEs, the maximum aid intensity may be increased by 10 percentage points for medium sized companies and 20 percent for small businesses.
(b) up to the maximum intensity of aid for 80 percent of the eligible costs, you can add a bonus of 15 percentage points in the following cases: 1 the project involves effective collaboration between at least two independent companies together and if the following two conditions are met, in addition,: i. in the case of an aid provided for in paragraph 2 of the second additional provision a company may not run alone with more than 70 per cent of the eligible costs of the collaboration project.
II. in any case, the project should count with 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 agreement of the European economic space.
2nd the project involves effective collaboration between a company and one or more bodies of research and the following two conditions are met, in addition,: i. in the case of an aid provided for in paragraph 2 of the additional provision second, the research agency assumes a minimum of 10 per cent of eligible costs, and ii. Research organizations are entitled to publish the results of research projects, provided that they are derived directly from research done by them.
3rd the results of the project are widely disseminated through conferences, publications, databases of open access or free software or open source.
For purposes of this article, the subcontracting is not considered effective collaboration.
Part 5 of the research and development project support object must belong entirely to one or more of the following categories of research: to) fundamental research.
(b) industrial research.
(c) experimental development.
(d) feasibility studies.
(e) innovation in processes and organization.
When a project consists of tasks, costs them should be attributed to a specific category referred to in this section.
6. for aid included in paragraph 2 of the second additional provision intended for technical feasibility studies, in accordance with the limits laid down in the general block exemption regulation, the gross maximum aid intensity may be increased 10 percent in the case of medium-sized enterprises and by 20 percentage points if it's small businesses.
7. Requests may set, within the anticipated maximum in the previous section, limits supports different for different types of beneficiaries, depending on the mode of action.
First additional provision. Applicable regulations.
1. subsidies which are regulated in this order shall be governed, in addition to as provided therein and in the respective call and resolution of concession, many regulations are applicable and, in particular, provisions in the law 38/2003, 17 November, and in its regulation of development, and the law 14/2011 , from June 1.
2. in accordance with the provisions of the sixth additional provision of law 38/2003 of 17 November, loans and financial credits that are granted on the basis of this order shall be governed by its specific rules and, failing, by the provisions of the Act that are appropriate to the nature of these operations.
3. when subsidies are funded, in whole or in part, with structural funds, it shall apply Community rules in this area, as well as, where appropriate, the development of the national provisions.
4. the aid granted by the Centre for Industrial technological development are the result of the exercise of administrative powers, so it will apply the provisions of article 3(2) of law 38/2003 of 17 November.
Second additional provision. Applicable Community legislation.
1. in accordance with the provisions of article 2.1.1 of the framework for State aid for research and development and innovation (2014/C 198/01), will not apply the provisions of article 107.1 of the Treaty on the functioning of the European Union and, therefore, they will not have consideration of State aid, provided for aid in this order that are granted to research organizations defined according to item 2.a), for non-economic activities.
2. with the exception of the provisions of the preceding paragraph, the aid provided for in this order shall comply with the provisions of chapters I and II and in sections 3 and 4 of chapter III of Regulation (EU) No. 651/2014 of the Committee, on 17 June 2014, by which declare certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty published in the «official journal of the European Union», L187, of June 26, 2014. Such aid shall be exempt from the provisions of article 108.3 from the Treaty on the functioning of the European Union.
For those aid granted subsequent to June 30, 2016, will be published on the web page that you enable for this purpose, information on individual aid exceeding 500.000,00 euro, expressed in equivalent gross subsidy, within a period of six months from the date of the resolution of granting.
3. However, when subsidies are not or cannot be included in the regulation referred to in the preceding paragraph, and with the exception of the provisions of paragraph 1, the aid provided for in this order shall comply with provisions of framework on aid for research, development and innovation (2014/C 198/01), published in the «official journal of the European Union» C 198 , June 27, 2014, and will be set out in articles 107 and 108 of the Treaty on the functioning of the European Union.
4. in appropriate cases, the calls may benefit, by expressly, to Regulation (EU) No. 1407 / 2013 of the Commission of 18 December 2013, concerning the application of articles 107 and 108 of the Treaty on the functioning of the European Union aid de minimis, published in the «official journal of the European Union» , L352, of December 24, 2013...
5 when it is of application, requests issued on the basis of this order will follow the recommendation the Commission European of 11 March 2005 on the European Charter for researchers and the code of conduct for the recruitment of researchers (2005/251/EC), published in the «official journal of the European Union» L75 on March 22, 2005.
Third additional provision. Coordination of calls for proposals.
Calls for proposals may provide, in the case that a same action that is to be a beneficiary required to apply for aid of various subprogrammes in the same year, coordination mechanisms, where the awarding body of them all is the Secretariat of State for research, development and innovation.
Fourth additional provision. Aid subject to a decision of the European Commission.
1. subsidies to which paragraph 3 of the second additional provision applies are subject to provisions of article 108.3 from the Treaty on the functioning of the European Union, and, in accordance with article 9(1) of the law 38/2003 of 17 November, not may be made effective until it has been obtained the authorisation of the European Commission.
2 pursuant to article 1(2), to) the general block exemption regulation by category, in the case of calls for aid that have an annual budget average exceeding 150 million euro State aid, and that to use the same that scheme will not have a period of more than six months application, and this can be extended by the Commission.
First final provision. Supplementary character of the norm in aid financed by European Union structural funds.
The procedures of granting and control of subsidies which are regulated in the law 38/2003, 17 November, and its development regulations, will have supplementary character with regard to European legislation that is of direct application to aid-funded structural funds of the European Union referred to in this order.
Second final provision. Skill-related title.
This provision is dictated under the protection as provided in article 149.1. 15th of the Spanish Constitution, which attributes to the State the exclusive competence in the field of promotion and general coordination of scientific and technical research.
Third final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 2 July 2015.-the Minister of economy and competitiveness, Luis de Guindos jury.
Annex criteria of evaluation established the following evaluation criteria, according to the types of actions listed: mode 1. Collaborative projects oriented to the demands of the productive fabric, business projects, and other aid applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in calls, and must, in any case, indicated in the scores awarded to these sub-criteria calls: criteria score percentage weighting to) technical excellence innovative and economic project. Plus the appropriate definition of the objectives and methodology of the project, the main the same innovative elements and correct budget adequacy to the activity of the project 0-3 30 b) technical and economic capacity of the Consortium. Will be assessed to the background, the technical and economic capacity and the complementarity of the 0-3 Consortium members 15 c) internationally. The history of participation in international members of the Consortium r & d programmes, as well as its capacity for the opening of markets and international relations will be valued 0-3 20 d) exploitation of expected results and market orientation. Studies of analysis and forecast of market and the generation and exploitation of patents and/or utility 0-3 20 models will be assessed and) socio-economic impact. An advantage the creation of direct employment of the members of the Consortium, gender equality and private investment mobilized by the members of the Consortium 0-3 15 minimum note from which projects will receive funding will be determined by the budgetary availability of the call. In the case that several projects reach minimum note said, but not everyone can be financed, the tie will settle in favour having highest score in the assessment of the above criteria according to the order in which it is cited.
Mode 2. New business projects of innovative companies, and other AIDS to) evaluation in a phase - when the evaluation is carried out in a single phase, applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in calls, and must, in any case, indicated in the scores awarded to these sub-criteria calls: criteria score threshold to) ability to exploit a market need. How to get income, business strategy, competition and the strengths and weaknesses 0-20 will be especially valued 10 b) technological capacity of the company. The technology used, the technological barriers will be valued (product/service, production/manufacturing), the differentiator and the possible protection of the technology used 0-35 18 c) management capacity of the team involved in business development 0-30 15 d) financial capacity of the company. The consistency of the investment plans will be assessed, their financial needs and structure of funding 0-15 7 so that an application can be proposed for funding must achieve a score equal to or exceeding the threshold in each of the criteria, as specified in the table above. In addition, the Evaluation Commission may establish a minimum total score from which projects will get funding, in particular attending the budgetary availability of the call.
(b) evaluation in two phases. - where the assessment is carried out in two phases, the first phase requests shall be evaluated in accordance with the following criteria: criteria score threshold
(a) ability to exploit a market need. How to get income, business strategy, competition and the strengths and weaknesses 0-10 will be especially valued 5 b) technological capacity of the company. The technology used, the technological barriers will be valued (product/service, production/manufacturing), the differentiator and the possible protection of the technology used 0-10 6 c) management capacity of the team involved in the development business 0-10 5 only pass to the second phase those requests that have reached a global score equal to or greater than 18, adding these criteria scores , and whenever a score equal to or greater than the threshold required in each of the criteria, as specified in the table above is reached.
Requests that pass the second phase will be evaluated pursuant to earlier in the letter to) for single-stage evaluation.
Mode 3. Complementary actions to activities necessary for results and evaluation of those not included in r & d projects, and other aid applications will be evaluated according to the following criteria, which may be subdivided into sub-criteria in calls, and must, in any case, indicated in the scores awarded to these sub-criteria calls: scoring criteria to) economic impact ((: Market potential for the subject of innovation, taking into account the diagnosis of the market, existing demand, the company's strategy, its growth and plans marketing and industrial property 0-5 b) Excellence: the proposed solution represents new market opportunities compared to the other existing, taking into account the State of the art and the risks and opportunities of their introduction on the market 0-5 c) implementation of the action : Adequacy of available resources and experience to develop activities 0-5
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