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Order Ecc/1087/2015, Of 5 June, Which Regulates The Obtaining Of Small And Medium-Sized Innovative Company Seal And Creates And Regulates The Registration Of The Small And Medium-Sized Innovative Company.

Original Language Title: Orden ECC/1087/2015, de 5 de junio, por la que se regula la obtención del sello de Pequeña y Mediana Empresa Innovadora y se crea y regula el Registro de la Pequeña y Mediana Empresa Innovadora.

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TEXT

The creation of the stamp of innovative SMEs and a record of them in the Ministry of Economy and Competitiveness seeks to put them in value, to favor their identification and to help the later formulation of specific policies for the same.

The register of innovative SMEs, free of charge for companies and with a high degree of automatism in their updating, will not entail new structures or administrative barriers for them and will facilitate access to them. Small and Medium Enterprises (SMEs) to public procurement. Its operation, based on the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services and its development regulations, must be done in full by means of telematic means, in order to speed up the relations with the Public Administration.

The European Union's productive fabric consists of 23 million SMEs, accounting for 99 percent of the companies operating in its territory and contributing two-thirds of the employment. There is no doubt, therefore, of the important role they play in their development and economic growth and hence the importance of developing a framework has already been emphasised since the adoption of the "European Charter for Small and Medium-sized Enterprises". Specific policy for such enterprises.

Since the end of 2008, this policy framework is defined in the so-called "Small Business Act", a legally non-binding initiative that encompasses strategic principles and policy lines of action. necessary to enhance the creation, development and growth of small and medium-sized enterprises, both within the European Union and in the Member States.

As far as Spain is concerned, where SMEs also account for 99 percent of companies, their contribution to employment reaches 63 percent of the total and their contribution to the gross value added of our economy (68 percent). is above the average of the European Union, the application of the principles and strategic measures of the Small Business Act is of particular significance.

According to the Spanish Strategy for Science and Technology and Innovation, one of the problems of our Science, Technology and Enterprise system is the small number of innovative companies, especially small and medium-sized enterprises; the limited weight of the medium/high technology sectors; the inefficiency of the instruments for the transfer and management of knowledge and the low absorption capacities of SMEs. On the other hand, the productive fabric of Spain is characterized, among other things, by a strong presence of traditional sectors with a low incorporation of R & D in their processes and products, in an essentially services economy.

Within its priority axis "Development of a favourable environment for R & D", the Strategy stresses that progress is needed in the development of new innovative public procurement measures associated with R & D & I activities. aimed at the challenges of society in order to strengthen the driving role in the field of innovation of public administration.

In this same sense, the recently adopted "Directive 2014 /24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004 /18/EC" sets out in its second Whereas public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve smart, sustainable and inclusive growth, ensuring that the same time a more efficient use of public funds. To this end, the existing rules on public procurement should be reviewed and modernised in order to increase the efficiency of public expenditure, in particular by facilitating the participation of small and medium-sized enterprises (SMEs) in procurement public ... "

On the other hand, Law 14/2011 of 1 June, of Science, Technology and Innovation, already recommended in its preamble that the Spanish economy should move towards a productive model in which innovation is called to to be definitively incorporated as a systematic activity of all companies, regardless of their sector and size. Also, the report prepared by EU experts on the Spanish R & D + i system (Report European Research Area Comitee (ERAC) peer rewiew of the Spanish Research and Innovation System) alerts on the absence of small and In particular, innovative medium-sized enterprises, such as a considerable weakness of the Research and Innovation System, are among their recommendations to boost the internal demand for innovative products and services, as "in the short term" area with greater potential is on the demand side (public purchase) and the creation of a market favourable to innovation ".

Finally, the Royal Decree 475/2014 of 13 June on bonuses in the contribution to the Social Security of the research staff, has regulated in Article 6 the definition of innovative SMEs, the criteria for to consider an SME as an intensive R & D & I, the creation of an innovative SME seal and the management by the Ministry of Economy and Competitiveness of a register of innovative SMEs. In addition, the Minister for Economic Affairs and Competitiveness is empowered to make the necessary provisions for the implementation and development of the provisions of this royal decree.

Article 6 of Royal Decree 475/2014 of 13 June 2014 refers, in turn, to Recommendation 2003 /361/EC of the European Commission of 6 May on the definition of Small and Medium-sized Enterprises to clarify what is to be understood by SMEs and, rather, by company. Article 1 of the Regulation clarifies that "an undertaking shall be considered as an undertaking, irrespective of its legal form, which pursues an economic activity". It is therefore a decisive economic activity to know whether or not we are dealing with a company. This is the definition of a company that has been used to define the SME and then the innovative one in Royal Decree 475/2014 of 13 June, which is now being developed.

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

Article 1. Object.

This order is intended to regulate the issue of the innovative small and medium-sized enterprise (SME) seal, as well as the creation and regulation of the operation of the public register of innovative SMEs by the Ministry of Economy and Competitiveness.

Article 2. Scope.

For the purposes of this order, the innovative SME is defined in Article 6.2 of Royal Decree 475/2014 of 13 June on bonuses in the contribution to the Social Security of the research staff. to say, that SME, as defined in Commission Recommendation 2003 /361/EC of 6 May on the definition of micro, small and medium-sized enterprises, in which one of the following conditions is met:

(a) Where public funding has been received in the last three years, without having been revoked for incorrect or insufficient implementation of the funded activity, through:

1. Public Convocation in the framework of the VI National Plan for Scientific Research, Technological Development and Innovation or the State Plan for Scientific and Technical Research and Innovation.

2. Aid for the implementation of R & D + i projects, of the Centre for Industrial Technological Development.

3. Convocation of the 7th Framework Programme for R & D + i or the Horizon 2020 Programme of the European Union.

b) When you have demonstrated your innovative character, through your own activity:

1. For having an own patent on the holding within a period of no more than five years prior to the exercise of the right of bonus.

2. º For having obtained, in the three years prior to the exercise of the right of allowance, a positive binding reasoned report for the purposes of applying the deduction referred to in Article 35 of Law 27/2014, of 27 November, the Corporate Tax.

(c) When it has demonstrated its capacity for innovation, by means of one of the following official certifications recognized by the Ministry of Economy and Competitiveness:

1. Young Innovative Enterprise (JEI), according to the AENOR EA0043 Specification.

2. Small or innovative micro-enterprise, according to the AENOR EA0047 Specification.

3. º Certification according to the UNE 166.002 "R & D + i management systems".

Article 3. Register of innovative SMEs.

1. This order creates and regulates the operation, at no cost to companies, of a public register of innovative SMEs under the Directorate-General for Innovation and Competitiveness of the Ministry of Economy and Competitiveness, whose functions shall be to register those which are in conformity with the definition referred to in Article 2, to keep the relationship of those in force with the required requirements up to date and to allow free access by electronic means of the information contained therein.

2. The authority responsible for ordering the corresponding registration shall be the Directorate-General for Innovation and Competitiveness and the unit responsible for the examination of the file shall be the Subdirectorate-General for the Promotion of Business Innovation, dependent on this.

Article 4. Registration procedure in the Register for the award of the innovative SME seal.

1. The concession procedure shall be aimed at ensuring compliance with the requirements laid down in Article 6.2 of Royal Decree 475/2014 of 13 June 2014.

2. The procedure shall be initiated at the request of the interested SME and shall be accompanied by any document certifying compliance with any of the requirements set out in Article 6.2 of Royal Decree 475/2014 of 13 June 2014. bonuses in the contribution to the Social Security contribution of the research staff:

(a) In the case of the requirements to be considered as an SME, the statement in the telematic application, under the responsibility of the applicant, that the requirements to the effect are met

will be necessary.

(b) The declaration of failure to have full revocation of the aid alleged to be in the register, and to be found in compliance with the tax obligations or the social security system, shall also be required. imposed by the provisions in force.

(c) In the case of the conditions of proof of the condition of being innovative, copies of the relevant final decisions to grant aid must be submitted either (in the case of aid granted by the Centre). for Industrial Technological Development, a copy of the loan grant writing), or the document of the Spanish Patent and Trademark Office that accredit to have a patent registered in Spain in force (with the last annuity paid) of maximum five years of age or copy of the reasoned report ex-post corresponding to one of the three tax periods prior to the exercise of the bonus right or copies of the corresponding certifications of the AENOR specifications or standards.

3. The submission of such a request by the interested parties must be made, in accordance with the provisions of the ECC/523/2013 Order of 26 March, establishing and regulating the electronic register of the Ministry of Economy and Competitiveness, with a system of of advanced electronic signatures. The corresponding electronic certificate must meet two requirements:

a) You must belong to a person previously accredited as a representative of the SME concerned in the Unified Register of Solicitors of the Ministry of Economy and Competitiveness. The prior registration of the representative of the SME concerned in the Unified Register of Applicants will be made at the electronic headquarters of the Secretariat of State for Research, Development and Innovation. In that Register, within the section "Representative register" you can identify and define your username and keyword. This Registry will ask the user to identify the requesting entity, if not previously identified.

b) It must correspond to one of the digital certificates admitted on the platform "@firma", which can be consulted in the electronic headquarters of the Ministry of Economy and Competitiveness, under the section " Certificates digital ".

4. In the event of formal defects or omissions in the application or the accompanying documentation, the persons concerned shall be notified of the need for a maximum period of 10 days to remedy the absence or to accompany the required documents; which, if it does not do so, shall be given the withdrawal of its request by filing the same prior decision to that effect, in accordance with Articles 42 and 71 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In addition, if the application is not submitted in a telematic manner, the interested parties will be notified to remedy the deficiency within ten days. If the application is not subsated, the application is not submitted, in accordance with Article 32.3 of Royal Decree 1671/2009 of 6 November 2009.

The resolution of the Directorate-General for Innovation and Competitiveness, agreeing on the registration of the SME in the Register, will be adopted within the maximum period of four months from the initiation of the corresponding procedure. After that period has elapsed without having been notified, the parties concerned shall be entitled to understand their requests for administrative silence.

5. This resolution of the Directorate-General for Innovation and Competitiveness may be brought before the Secretariat of State for Research and Innovation and its resolution will put an end to the administrative route.

Article 5. Effects arising from registration and granting of the stamp.

1. After registration and obtaining the stamp, the SME may:

a) Expose the flag granted to the company at its headquarters and premises.

(b) Use the flag in the commercial traffic of the company and for advertising purposes, subject to full compliance with the applicable regulations, in particular in the field of advertising.

c) To support tax benefits and allowances in Social Security contributions as regulated in Article 6 of Royal Decree 475/2014.

2. The integration in the Register has been accompanied by the award of the innovative SME stamp which can be displayed with the official logo and format, which is described in the annex of this order.

3. The validity of the stamp shall be calculated on the basis of the maximum period of calculation of the alleged requirements (three years for the reasoned aid or reports, five for patents and for the certification of the corresponding AENOR standard). In the event of new aid, patents, reports or certifications, the date of validity of the stamp granted shall be updated.

4. The innovative SME seal may not be displayed after its validity has expired or, if it has been withdrawn, if it is subsequently checked for non-compliance with the requirements, and therefore the SMEs will assume the obligation at that time. to withdraw from its publications in any format, the stamp given.

Article 6. Low in the Registry.

1. The permanence in the Register is voluntary and, consequently, the SMBs that appear in it will be able to request at any time their discharge.

2. Similarly, the unit responsible for the register may, after hearing the register, give the small and medium-sized enterprises the opportunity to cease to meet the conditions justifying their registration.

3. It is appropriate to order the cancellation of the registration by resolution, to the holder of the General Directorate of Innovation and Competitiveness.

4. The cancellation decision may be brought before the Court of State for Development and Innovation, as provided for in Articles 114 and 115 of Law No 30/1992 of 26 November 1992.

Additional disposition first. No increase in public spending.

The operation of the Regulated Registry in this order will not imply an increase in expenditure, and its organization and operation will be taken care of with the current personal and material resources of the Secretariat of State of Investigation, Development and Innovation of the Ministry of Economy and Competitiveness.

Additional provision second. High of trade in the registry.

At the time of entry into force of this order, SMBs meeting any of the requirements set out in Article 2 shall be automatically integrated into the Register with the data available to the Ministry of Economy and Competitiveness to the effect. Companies that are automatically incorporated in the Register at the date of entry into force of this order will be able to obtain automatically and download from the website of the Ministry of Economy and Competitiveness, the stamp of innovative SMEs, with the validity of the same

Single transient arrangement. Official certifications.

Until an official accreditation system is implemented to certify the circumstances set out in the first or second paragraphs of Article 6.2 (c) of Royal Decree 475/2014, both will be accredited by official certifications. issued by the same entities accredited by the National Accreditation Entity (ENAC) to issue the certifications in paragraph

.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.15ª of the Constitution in the field of the promotion and general coordination of scientific and technical research.

Final disposition second. Development.

The head of the Secretariat of State for Research, Development and Innovation is empowered to take appropriate measures to implement this order and update aspects relating to the application model in the SME Registry innovative or formal aspects of the accreditation label, by publishing them on the Ministry of Economy and Competitiveness's website.

Final disposition third. Entry into force.

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

Madrid, June 5, 2015. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.

ANNEX ON TECHNICAL INSTRUCTIONS

The stamp is the registered graphic form that officially represents the INNOVATIVE SME. Therefore, they are unalterable forms with respect to their colors, proportions, and spatial relationships.

All seal sizes are accepted, while the innovative SME text and image are perfectly readable. The use of the seal is not recommended in a size less than 2cm wide.

It shall also be mandatory to reflect the date of validity of the seal, perfectly legible, transcribing the date of the official registration without which it will not be valid.

An application will be enabled on the website of the MINECO for the automatic download of the stamp, with the validity corresponding to each company that requests it, in the vector formats AI (Adobe Illustrator), JPG and PNG, for its use respective on paper and in digital format.

The image criteria provide for a number of basic elements (logo, typography and chromatic range) with the differentiation for digital use or in billboards and stationery, as well as signposts and publications.

The logo has a shared visual identity with the rest of the Innovative SMEs that should be placed on the logo of the Ministry of Economy and Competitiveness.

1. For printing in physical formats (paper, billboard, etc.).

Spanish version:

An image appears in the original. See the official and authentic PDF document.

English version:

An image appears in the original. See the official and authentic PDF document.

Pantone SME logo: Pantone 2935CVC, CMYK 100 47 0 0

SME Typography: Nexa Bold Regular.

The logo is on the basis of the "pastilla" of the Ministry of Economy and Competitiveness of the Government of Spain, which is constructed by the composition of the Spanish Shield with the name of the ministerial department, using the Gill Sans typography, with a yellow background color envelope.

An image appears in the original. See the official and authentic PDF document.

2. For use in web pages (blogs, social networks, internet, etc.).

Spanish version:

An image appears in the original. See the official and authentic PDF document.

English version:

An image appears in the original. See the official and authentic PDF document.

Pantone SME logo: Pantone 2935CVC, CMYK 100 47 0 0

SME Typography: Nexa Bold Regular.

The logo is constructed by the composition of the European Union flag, the Spanish flag, and the Spanish Shield, with the name "Government of Spain" and the Ministry of Economy and Competitiveness, using the Gill Sans typography, with a yellow background color envelope.