Order Eit/457/2015, Of 11 March, Amending The Order Eit/786/2013, May 7, That Establish The Regulatory Bases Of The Granting Of Aid In The Field Of Information Technologies And Communications (Ict) And...

Original Language Title: Orden IET/457/2015, de 11 de marzo, por la que se modifica la Orden IET/786/2013, de 7 de mayo, por la que se establecen las bases reguladoras de la concesión de ayudas en el ámbito de las tecnologías de la información y las comunicaciones (TIC) y...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2870

The order EIT/786/2013, may 7, established the regulatory bases of the granting of aid in the field of information technologies and communications and the information society in the context of the strategic action of economy and Digital society and the Digital Agenda for Spain.

According to the second additional provision, the regulatory bases are subject to the Community rules on aid compatible with the common market, being able to make the necessary modifications to comply with the Community rules in force in each period.

Such legislation has been amended by the European Union for the period 2014-2020, having been published in the «official journal of the European Union» the new community provision that affects this matter for the mentioned period, the 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 26 June 2014, hereinafter general block exemption regulation by category, which modifies various substantive and formal aspects of the regulation with respect to the force for the period prior, 2007-2013.

Aid granted in the framework of these regulatory bases may be part-financed by the European Fund for Regional Development (ERDF) whose legislation has also been amended in December 2013 for the 2014-2020 period having been published the Regulation (EC) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, which lays down common provisions on the European Regional Development Fund the European Social Fund, the Cohesion Fund, the European agricultural fund for Rural development and the European Fund for maritime and fisheries, and which establish general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 and Council Regulation (EU) No. 1301 / 2013 of the European Parliament and of the Council of 17 December 2013 the European Fund for Regional development and specific provisions relating to the objective of investing in growth and employment and which repeals is Regulation (EC) No. 1080 / 2006.

Because of these changes, it is necessary to proceed to the modification of the order EIT/786/2013, on May 7, in order to adapt it to new legislation.

This order is divided into a preamble, a single article and a repealing provision final disposition.

This order is issued under cover of the State telecommunications competence provided for in article 149.1.21. ª of the Spanish Constitution. The Ministry of industry, energy and Tourism Department of the General Administration of the State is responsible, inter alia, the proposal and implementation of the policy of the Government in the field of telecommunications, development of the information society and audiovisual media. The management of such aid, the General Administration of the State — enter an adequate level of competition, as well as a rational and effective planning of the same.

This order, in accordance with the second subparagraph of article 17.1 of the concerned law 38/2003, of 17 November, has undergone the mandatory report from the law of the State and of the intervention delegate of the intervention General of the administration of the State Department.

The cited article 17 of law 38/2003 of 17 November, establishes that at the level of the General Administration of the State, as well as government agencies and other entities of public law with its own legal personality linked or dependent on that one, the relevant Ministers will establish the appropriate regulatory bases of the granting of subsidies.

By virtue, I have: single article. Modification of the order ITC/786/2013, on May 7, that establishing the regulatory bases of the granting of aid in the field of information technologies and communications (ICT) and the information society within the scientific and technical research and innovation 2013-2016 Plan within the framework of the strategic action of economy and Digital society.

The order ITC/786/2013, may 7, by which establish the regulatory bases of the granting of aid in the sphere of technologies of information and communication (technology ICT) and the information society within the scientific and technical research and innovation 2013-2016 Plan within the framework of the strategic action of economy and society Digital , is to be re-worded as follows: first. Article 7.3 is drawn up in the following way: «3. not be subject to an order for recovery pending following a Decision of the European Commission which has been the beneficiary of illegal and incompatible with the common market aid, nor be in crisis in accordance with article 2.18 of the Regulation (EU) No. 651/2014 of the Commission» June 17, 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 26 June 2014 onwards, general block exemption regulation. «Annex III outlined the conditions that must be met for an SME is considered a company in crisis.»

Second. Article 10(1) is worded as follows: ' 1. are intercompany companies among which there is any relations detailed in article 3(3) of annex I to the general block exemption regulation.»

Third party. Paragraphs 3 and 6 of article 11 are to have the following wording: «3. the gross maximum intensity of aid will be the pick-up in annex IV, in accordance with the established in the general block exemption regulation by category. "

(…)

6. the projects are granted that aid may be co-financed by the European Regional Development Fund. Therefore, projects are subject to the provisions in Regulation (EC) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, which lays down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for Rural development and the European Fund for maritime and fishing , and by which establish general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 of the Council and Regulation (EU) No. 1301 / 2013 of the European Parliament and of the Council of 17 December 2013 the European Fund of Regional development and specific provisions on the objective of investment in «growth and employment and which repeals is Regulation (EC) No. 1080 / 2006.»

Room. Article 13 is drawn up in the following way: «article 13. Incentive effect of the aid.

Aid must have incentive effect. «Annex V refers to the conditions that aid must comply to have incentive effect, in accordance with article 6 of the general block exemption regulation by category.»

Fifth. Article 14.2 is drawn up as follows: «(2. De acuerdo con el artículo 25.3 deel Reglamento general de exención por categorías, se podrán subvencionar los costes siguientes: a) staff costs.»

(b) costs of instruments and equipment inventory, to the extent and during the period in which it is used for the project.

(c) cost of contractual research, technical knowledge and patents bought or obtained by license from sources in conditions of full competition.

(d) general expenses directly arising from the project.

(e) other operating costs further, including costs of materials, supplies and similar products directly resulting from the project activity.»

Sixth. Paragraph i) of article 28.3 is drawn up in the following way: «i) that aid granted has character of aid to research and development, in accordance with the general block exemption regulation. "

Seventh. Article 34.1 is worded as follows: «article 34. Check the help.

1 subsequent to the submission of the aforementioned documentation in the previous article, will include the corresponding verification of aid according to the General Plan of verification of grants of the organising body.

Checking the help may include, where appropriate, remedies requirement and procedure of hearing to the person concerned.
This check can be made by sampling techniques that enable to obtain reasonable evidence of adequate justification of support and/or verification of the activity that determines the granting, using criteria of selection of the sample that take into account, among others, issues such as concentration of aid, risk factors and spatial distribution. The selection of the sample shall be carried out according to provisions Regulation (EC) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, which lays down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for Rural development and the European Fund for maritime and fishing «, and by which establish general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 of the Council.»

Eighth. Article 35.3 is worded as follows: «3. in publications, activities of dissemination, Web pages and other results that the project may give rise shall be mentioned to the Ministry of industry, energy and tourism as funding.» Where the project was co-financed by the ERDF, the acceptance of aid implies acceptance of the provisions in Regulation (EC) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, which lays down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund the European agricultural fund for Rural development and the European Fund for maritime and fisheries, and whereby settle down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 of the Council on information and communication activities which should be carried out by Member States concerning the interventions of the Structural funds."

Ninth. The first additional provision is worded in the following way: «first additional provision. Applicable regulations.

1. in all matters not expressly provided for in this order, shall apply the law 38/2003 of 17 November, General subsidies and its regulations, approved by the Royal Decree 887/2006, of July 21; the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure; Law 47/2003, of 26 November, General budgetary; Law 11/2007, of 22 June, electronic access of citizens to public services, as well as the Royal Decree 1671 / 2009, dated November 6, partial development of law 11/2007 referred to above. Also shall apply to annual budgets from the State laws. Likewise, shall apply the provisions of the Royal Decree 1494 / 2007 of 12 November, which approves the regulation on basic conditions for the access of persons with disabilities to the technologies, products and services related to the information society and media.

2. the aid shall be subject to the general block exemption regulation by category.

3. in the case of projects co-financed with Community funds, shall apply, in addition, Regulation (EC) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, which lays down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for Rural development and the European Fund for maritime and fishing , and by which establish general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 and Council Regulation (EU) No. 1301 / 2013 of the European Parliament and of the Council of 17 December 2013 the European Fund for Regional development and specific provisions relating to the objective of investing in growth «and jobs and that repealing Regulation (EC) No. 1080 / 2006, as well as other regulations in force in this field.»

Tenth. (1) the additional provision second is worded in the following way: "1. the present system of aid projects comply with all the conditions of chapter I, as well as the relevant provisions of chapter III of the general block exemption regulation.»

Eleventh. Annex III is drafted as follows: if it is a limited liability company (other than an SME with less than three years old or)» (, for the purpose of the criteria to be eligible for aid for the financing of risk, an SME within the period of seven years from its first commercial sale, fulfilling the conditions to receive funding for risk investment after the financial intermediary selected by due diligence checks), when it is gone more than half of its share capital subscribed as a result of accumulated losses; It is 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 result more than half of the subscribed share capital; for purposes of this provision, "limited liability company" refers, in particular, to the types of companies referred to in annex I of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013, annual financial statements, consolidated financial statements and other reports related to certain types of companies, that amending Directive 2006/43/EC of the European Parliament and of the Council and repealing the Directives 78/660/EEC and 83/349/EEC of the Council and "social capital" includes, where appropriate, any share premium;

(b) whether it's a society in which at least some partners have an unlimited liability on the debt of the company (other than an SME with less than three years old, or for the purpose of the criteria to be eligible for aid for the financing of risk, an SME in the seven years since its first commercial sale (, that meets the conditions to receive funding for risk investment after the financial intermediary selected by due diligence checks), when it has disappeared for the losses accumulated over half of its own funds listed in bookkeeping; for purposes of this provision, 'society in which at least some partners have an unlimited liability on the debt of the company' refers, in particular, to the types of companies referred to in annex II of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on annual financial statements consolidated financial statements and other reports related to certain types of companies, that amending Directive 2006/43/EC of the European Parliament and of the Council repealing Council Directives 78/660/EEC and 83/349/EEC and 'social capital' includes, where appropriate, any share premium;

c) when the company is undergoing a procedure of bankruptcy or insolvency or fulfilling the criteria laid down in their national law to be submitted to a procedure of bankruptcy or insolvency at the request of its creditors;

d) when the company has received rescue aid and still has not reimbursed the loan or cut short the warranty, or has received restructuring aid and is still subject to a restructuring plan."

12th. Annex IV is worded as follows: 'annex IV intensities gross maximum of aid in the form of subsidy beneficiaries means aid intensity, the gross amount thereof expressed as a percentage of the eligible costs of the project. All figures used shall be read before tax deductions or other. When an aid in form of a loan is granted, it will be considered as the equivalent gross in terms of grant the amount of such aid. The interest rate that should be used to calculate the equivalent gross in terms of grant will be the reference rate established by the Commission at the time of the granting of the aid in accordance with the communication of the Commission concerning the revision of the method of fastening of types of reference and updating (OJ C14 on January 19, 2008). The aid intensity is calculated for each beneficiary.

According to the types of projects the maximum gross intensities are as follows: type of projects maximum gross intensity of aid in the form of subsidy beneficiaries enterprises not SMEs SMEs small business industrial research projects.





Up to 50% of the eligible cost of the project.





Up to 60% of the eligible cost of the project.





Up to 70% of the eligible cost of the project.






Experimental development projects.
Up to 25% of the eligible cost of the project.





Up to 35% of the eligible cost of the project.





Up to 45% of the eligible cost of the project.





Up to a maximum intensity of aid for 80 percent of the eligible costs, you can add a bonus of 15 percentage points if you are in any of the following cases: to) the project involves effective collaboration between at least two independent companies together and if the following conditions are met: 1 a company does not run on its own with more than 70 per cent of the eligible costs of the project in collaboration.

2nd the project has the support of at least one SME or is carried out in at least two Member States, or in a Member State and in a Contracting Party to the agreement on the European economic area, made in Oporto on 2 May 1992.

(b) the project involves effective collaboration between an undertaking and a research organization and the following conditions are met: 1 the research agency runs with a minimum of 10 per cent of eligible costs.

2nd research agency has the right to publish the results of research projects, provided they derive directly from research conducted by the Agency.

(c) in the case of industrial research, if the results of the project are widely disseminated through technical and scientific conferences or published in scientific or technical publications or databases of free access (publicly accessible raw research data bases), or by means of free software or open source.

A_efectos_de paragraphs a) and b) above, the subcontracting is not considered effective collaboration.

In any case the maximum limits applicable to the amount of aid will be as follows: 1 for projects of industrial research, 10,000,000 euros per company and per project.

2nd for all other projects, 7.500.000 euro per company per project.

3rd for EUREKA, double the previously fixed amounts projects.»

13th. Annex V is to be worded as follows: in the case of an SME, it is considered that the aid granted has effect if incentive» before starting work on the project or activity, the beneficiary has submitted the aid application.

(b () considered that the aid granted to large enterprises have an incentive if, in addition to meeting the condition provided for in paragraph effect to), next to the documentation submitted by the beneficiary is incorporates a memory showing the incentive effect of the aid on the actions for which requested it, assessing one or more of the following criteria : 1 substantially increased the project / activity due to the aid.

2. substantial increase of the total amount spent by the beneficiary on the project / activity due to the aid.

3rd substantial increase in the pace of implementation of the project or activity concerned.»

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank contradict or oppose the provisions of this order.

Sole final provision. Entry into force.

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

Madrid, 11 March 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.