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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6468

The creation of innovative SMEs and seal of a registration in the Ministry of economy and competitiveness aims to put in value, encourage their identification and help to the subsequent formulation of specific policies for the same.

The registration of SMEs innovative, free for companies and nature with a high degree of automation in your update, does not imply new administrative barriers or structures for the same and will facilitate small and medium enterprises (SMEs) access to public procurement. Operation, based on provisions of law 11/2007, of 22 June, electronic access of citizens to public services and its implementing regulations, shall be entirely through electronic means, in order to speed up the relations with the public administration.

The productive fabric of the European Union consists of 23 million SMEs, representing 99 percent of the companies operating in their territory and providing two-thirds of employment. There is no doubt, therefore, of the important role who play in economic growth and development and hence since the adoption of the "European Charter for small and medium enterprises" is has come stressing the importance of develop a specific policy framework for these companies.

Since late 2008, this policy framework is defined in the so-called «small business law», a non-binding initiative legally encompassing strategic principles and political lines of action necessary to promote the creation, development and growth of small and medium-sized enterprises, both in the EU and in the Member States.

With regard to Spain, where SMEs represent 99 per cent of the companies, also their contribution to employment reaches 63 percent of the total and its contribution to the value added gross of our economy (68 percent) is placed above the average of the European Union, the application of the principles and strategic measures cited in the small business Act cobra a special meaning.

According to the Spanish strategy of science and technology and innovation, one of the problems of our system of science, technology and business is the small number of companies innovative, especially small and medium-sized enterprises; the limited weight of medium/high technology sectors; the inefficiency of the instruments of transfer and knowledge management and the low capacities of absorption of SMEs. On the other hand the productive fabric of Spain is characterized, inter alia, by a strong presence of traditional sectors with a low incorporation of r & d in its processes and products, in a mainly service economy.

Within its priority axis 'Development of an environment conducive to r & d', the strategy emphasizes that it is necessary to advance the development of new measures of innovative procurement associated with r & d activities geared to the challenges of society in order to strengthen the role of driving innovation of public administration.

In this sense, the recently approved "directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, on public procurement and by which it repeals Directive 2004/18/EC» establishes in its second recital that 'public procurement plays a key role in the Europe 2020 strategy as one of the instruments based on the market that should be used to achieve smart growth sustainable and inclusive, at the same time ensuring a more efficient use of public funds. To that end, they inspected and modernize regulations on government procurement in order to increase the efficiency of public spending, in particular facilitating the participation of small and medium-sized enterprises (SMEs) in public procurement...»

For his part, law 14/2011, from June 1, the science, technology and innovation, already advocated in its preamble that the Spanish economy must move towards a production model in which innovation is called to merge definitely as a systematic activity of all enterprises, regardless of their sector and size. In addition, the report prepared by experts from the EU on the Spanish r & d system (report European Research Area Committee (ERAC) peer rewiew of the Spanish Research and Innovation System) alerts to the absence of small and especially medium-sized innovative companies as a significant weakness of the system of research and innovation and has among its recommendations boost the domestic demand for innovative products and services , «in the short term the area with the greatest potential is on the side of demand (procurement) and the creation of an innovation-friendly market».

Finally Real Decree 475/2014, 13 June, on reductions in the contributions to Social Security's research staff, regulated in article 6 the definition of innovative SMEs, the criteria to be considered a how intensive SMEs in r & d, a seal of innovative SME creation and management by the Ministry of economy and competitiveness of a record of innovative SMEs. Likewise in their second final provision it empowers the Minister of economy and competitiveness to enact provisions that are necessary for the application and development of the provisions of this Royal Decree.

Cited article 6 of Royal Decree 475/2014, 13 June, forwards, 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 should be understood by SMEs and, before that, by company. Article 1 of the same, clarifies that «shall be considered company any entity, regardless of its legal form, which exercises an economic activity'. It is therefore the exercise of an economic activity as decisive to know if we are or not to a company. This is the criterion of definition of enterprise which has been used to define SMEs and subsequently the innovative in the Real Decree 475/2014, 13 June, which now develops.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

This order is intended to regulate the expedition of the small and medium enterprise (SME innovative) 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 of application.

For the purposes of this order means innovative SMEs defined in article 6(2) of the Real Decree 475/2014, of 13 June, on bonuses in the staff of Social security contributions, i.e. the SMEs, according to the definition contained in recommendation 2003/361/EC of 6 may, the Commission on the definition of micro-enterprises (, small and medium enterprises, in which any of the following circumstances concur: to) when it has received funding in the past three years, without having undergone reversal for insufficient or incorrect execution of the funded activity, through: 1 public calls in the framework of the VI National Plan of scientific research, development and technological innovation or the State of scientific and technical research and innovation Plan.

2. aid for carrying out r & d projects, of the Center for Industrial technological development.

3rd calls of the 7th programme framework for r & d or the Horizon 2020 programme, of the European Union.

(b) has demonstrated its innovative character, through their own activity: 1 by having its own patent in exploitation in a period not exceeding five years prior to the exercise of the right to bonus.

2nd for having obtained, in the three years prior to the exercise of the right to bonus, a positive binding reasoned report for the purposes of application of the deduction refers to which article 35 of law 27/2014, of 27 November, the corporate income tax.

(c) has demonstrated its capacity for innovation, using any of the following official certifications recognized by the Ministry of economy and competitiveness: 1 young company innovative (JEI), according to the specification AENOR EA0043.

2nd small or micro-innovative enterprise, according to the specification AENOR EA0047.

3rd certification according to the UNE 166.002 «R & d management systems».

Article 3. Registration of innovative SMEs.

1. using this order creates and regulates the performance, without cost for companies, of a public register of innovative SMEs, dependent on the Directorate-General for innovation and competitiveness of the Ministry of economy and competitiveness, whose functions will be enrolling which are in conformity with the definition indicated in article 2, maintain the relationship which kept prevailing requirements required as well as allowing free access , by electronic means, the information contained therein.

2. the competent body to order the corresponding registration will be the Directorate-General for innovation and competitiveness and the unit responsible for the examination of the case, the Subdirectorate-General for development of the innovation business, dependent on this.

Article 4. Procedure of registration for the award of the seal of innovative SMEs.
1. the procedure shall ensure compliance with the requirements laid down in article 6(2) of the Royal Decree 475/2014, 13 June.

2 the procedure will begin at the request of interested SMEs and must be accompanied by any document attesting compliance with any/some of the requirements indicated in article 6(2) of the Real Decree 475/2014, 13 June, on reductions in the contributions to Social Security's research staff: to) in the case of the requirements to be considered an SME (, will need the Declaration in the application telematics, under the responsibility of the applicant, that the requirements to the effect b) also require the Declaration of not having total reversal of alleged subsidies to be in the register, and be current in the fulfillment of tax obligations or face Social Security imposed by the regulations.

(c) in the case of accrediting the condition of being innovative requirements, copies of the relevant final rulings of aid (in the case of aid granted by the Centre for Industrial technological development, copy of the deed of concession of the loan), must be presented either from the Spanish Patent and Trademark Office document attesting to having a patent registered in Spain in force (with the last paid annuity) maximum five years of seniority or copy report motivated ex - post corresponding to any of the three tax periods prior to the exercise of the right to bonus or copies of relevant specifications or standards AENOR certifications.

3. the presentation of such a request by the interested parties shall be, in accordance with provisions in the order ECC/523/2013, of 26 March, which creates and regulates the electronic register of the Ministry of economy and competitiveness, with an advanced electronic signature system. The corresponding electronic certificate must meet two requirements: to) must belong to a person previously accredited as a representative of the SMEs interested in the unified register of applicants of the Ministry of economy and competitiveness. The prior registration of the representative of the SMEs interested in the unified register of applicants will be held on the electronic site of the Secretariat of State for research, development and innovation. In said register, within the section 'Register of representative' may identify and define your name of user and password. This record will ask the user to identify to the applicant entity, if not previously identified.

b) must correspond to any of the supported digital certificates on the platform «@firma», which can be found in the electronic office of the Ministry of economy and competitiveness within the "Digital certificates" section.

4. in the case of formal defects or omissions in the application or in the documentation that goes with it, will be communicated to stakeholders, who will have a maximum period of 10 days to address the lack or accompany the mandatory documents; indicating that, if it did not, shall be you withdrawn your request filing the same previous resolution to this effect, in accordance with articles 42 and 71 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Also in the case of no-show way telematics application, will be communicated to stakeholders to they remedy this lack in within ten days. No remedy is not presented the petition shall, in accordance with article 32.3 of the Royal Decree 1671 / 2009, of 6 November.

The resolution of the Directorate-General for innovation and competitiveness, according the registration of SMEs in the register, shall be taken within a maximum period of four months from the initiation of the procedure. After this period without having notified express resolution, interested parties will be entitled to understand their applications estimated for administrative silence.

5. against this decision of the Directorate-General for innovation and competitiveness appeal can be brought before the Secretariat of State for research development and innovation, and its resolution will put an end to the administrative procedure.

Article 5. Effects of the registration in the registration and seal.

1 after the registration in the register and the obtaining of the seal, the SME will be able: to) expose the distinction granted to the company in its headquarters and local.

(b) use the distinctive in the commercial traffic of the company and advertising purposes, subject to full compliance with the applicable legislation, in particular, in advertising.

(c) reconcile the tax benefits and reductions in Social security contributions regulated in article 6 of the Royal Decree 475/2014.

2. integration in the register entails the granting of the seal of innovative SMEs that can be displayed with the logo and official format, which is described in the annex to this order.

3. the validity of the seal shall be calculated on the basis of the maximum period of computation of the alleged requirements (three years aid or the motivated reports, five patents and which is set to the corresponding standard AENOR certification). In case of new grants, patents, reports or certifications, will update the date of validity of the given label.

Seal of innovative SMEs 4 may displayed once its validity expired or withdrawn the same in the case be checked later to granting non-compliance with the requirements, by which SMEs will assume, since that time, the obligation to withdraw from its publications in any format and awarded seal.

Article 6. Low registration.

1. the permanence in the registry is voluntary and therefore SMEs appearing therein may request at any time low.

2 also the unit responsible for the register may be unsubscribe from nursing, after hearing it, that SMEs which ceases to fulfil the conditions which justified its inscription.

3 it is ordering the cancellation of the registration by means of resolution, the holder of the Directorate-General for innovation and competitiveness.

4. against the decision of cancellation may bring appeal, as provided in articles 114 and 115 of the law 30/1992, of 26 November, before the Secretary of State for research development and innovation.

First additional provision. No increase in public spending.

The operation of the registration regulated by this order will not involve increased spending, and its organization and operation will be treated with the current personal and material resources of the Secretariat of State for research, development and innovation, the Ministry of economy and competitiveness.

Second additional provision. High in the register ex officio.

At the time of the entry into force of this order, SMEs that meet any of the requirements set out in article 2 will be integrated automatically in the registry with data available to the Ministry of economy and competitiveness to the effect. Companies that incorporate ex officio to the registry at the date of entry into force of this order can get automatically and download from the website of the Ministry of economy and competitiveness, the seal of innovative SMEs, with validity that figure in the same transitory provision only. Official certifications.

Hasta_que implement a system of official accreditation to certify the circumstances referred to in paragraphs 1 ° or 2 ° of article 6.2 c) of Royal Decree 475/2014, both will be credited through the official certifications issued by the same entities accredited by the national accreditation entity (ENAC) to issue the certifications of paragraph 3 first final provision. Skill-related title.

This order is issued on the basis of provisions in article 149.1. 15th of the Constitution in the field of promotion and general coordination of scientific and technical research.

Second final provision. Development.

Empower the head of the Secretariat of State for research, development and innovation to take all appropriate steps to implement this order and update aspects of the model's application to the registry of innovative SME or formal aspects of the accreditation seal, through publication on the website of the Ministry of economy and competitiveness.

Third final provision. Entry into force.

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

Madrid, 5 June 2015.-the Minister of economy and competitiveness, Luis de Guindos jury.

Annex on technical instructions seal is the registered graphic form officially representing the innovative SMEs. Therefore, they are unchangeable forms with respect to their colours, proportions and spatial relationships.

Accepted all size of seal, while the SME innovative text and image are perfectly legible. It is not recommended the use of the seal in a lower size of 2cm wide.

It will also be required to reflect the date of validity of the seal, legibly, transcribing which appears in the official registry, without which it will not apply any.
There will be an application on the website of the MINECO for automatic downloading of the seal, with the validity of the corresponding to each company that requests it, in the vector AI (Adobe Illustrator), JPG, and PNG formats for their respective use in paper and digital format.

The image criteria include a series of basic elements (logo, typography and color gamut) with differentiation for digital use or in posters and stationery, as well as signage and publications.

The logo features a visual identity that is shared with the rest of innovative SMEs that must place on the logo of the Ministry of economy and competitiveness.

1. for printing on physical formats (paper, posters, etc).

English version: here an image appears in the original. See the PDF document official and authentic.

English version: here an image appears in the original. See the PDF document official and authentic.

SME logo Pantone: Pantone 2935CVC, CMYK 100 47 0 0 SME typography: Nexa Bold Regular.

The logo is based on the "tablet" of the Ministry of economy and competitiveness of the Government of Spain, which is built by means of the composition of the coat of arms of Spain under the name of ministerial department, using the typeface Gill Sans, envelope-shaped yellow background color.

Here a picture appears in the original. See the PDF document official and authentic.

2. for use on websites (blogs, social networks, internet, etc).

English version: here an image appears in the original. See the PDF document official and authentic.

English version: here an image appears in the original. See the PDF document official and authentic.

SME logo Pantone: Pantone 2935CVC, CMYK 100 47 0 0 SME typography: Nexa Bold Regular.

The logo is built by means of the composition of the flag of the European Union, the flag of Spain, and the coat of arms of Spain, with the denomination 'Government of Spain' and that of the Ministry of economy and competitiveness, using the typeface Gill Sans, envelope-shaped yellow background color.