Order ICT/1466/2021, of December 23, which establishes

Summary

I

The Europe 2020 Strategy {"Europe 2020-A strategy for smart, sustainable and inclusive growth" [Communication of the Commission COM (2010) 2020]}, reaffirms industrial policy as one of Europe's strategic priorities for the decade: If Europe wants to continue to play a leading role in the world economy, its industry must be at the forefront.

The European Commission in its Communication COM (2017) 479 «Investing in a smart, innovative and sustainable industry. Renewed strategy for industrial policy", continuing his line of argument on industry expressed in previous communications, reaffirms the role of industry as an essential driver of productivity and innovation and as one of the cornerstones of economic prosperity in Europe. And points out that, although the European Union (hereinafter, EU) has a strong industrial base, Member States, EU institutions and industry itself must do everything possible to maintain and strengthen Europe's industrial leadership in the era of globalization, marked by the challenges posed by sustainability and the speed with which technological changes occur.

More precisely, the Communication of the Commission COM (2020) 102, A new industry model for Europe, of March 10, considers that the next 5 years are decisive to enable the necessary conditions for the profound change that European and Spanish industry need: To move towards a competitive, digitized and climate-neutral industry, rooted in the European social model, which creates quality jobs and contributes to the economic sovereignty of the EU, focusing on industrial ecosystems .

It has been shown that the richest nations in the world are those that have the most powerful industrial sectors, and that there is a clear correlation between the countries of our environment with the greatest industrial weight and those that have supported and are supporting the adverse phases better of business cycles.

The manufacturing industry sector contributes significantly to the economy, especially in terms of innovation, productivity and quality jobs. We are at a time when the important role that domestic production capacity plays in creating innovation and the ability to rapidly scale up production of new products through the use of advanced technologies is recognized. Innovation, automation and sophisticated production processes are the basis of successful industrial strategies and have proven essential in maintaining a leadership position.

The transformation of the economy towards a decarbonized model offers great opportunities for the development and commercialization of new products and services.

On the other hand, the growth of industrial activity has evident positive externalities that not only benefit companies in the sector, but also the economy as a whole based on its multiplying effect, such as increased productivity and the complexity index of the economy, the increase in innovative activity, the contribution to improving the quality of employment and its qualification, and its positive impact on the balance in the current account balance of our country, a consequence of its dominant contribution to exports . It is, therefore, a backbone sector of the economy and a generator of social and territorial cohesion.

The drive for the industry must be consistent with the framework of the European Union, aiming at an ecological recovery, aligned with the European Green Pact, based on climate neutrality and a circular and sustainable economy, which opens opportunities in terms of modernizing the economy, attracting investment, a new reindustrialization and generation of quality employment.

II

The Council of the European Union agreed on July 21, 2020 a package of far-reaching measures, which combine the multiannual financial framework (MFF) for 2021-2027 and incorporate a European instrument for recovery (Next Generation EU), whose central element is the Recovery and Resilience Mechanism. To access the financial resources of this mechanism, Member States must draw up a recovery-oriented plan. Spain has submitted to the European Commission its Recovery, Transformation and Resilience Plan (hereinafter, the "Recovery Plan"), which has been approved by a Council Execution Decision regarding the approval of the evaluation of the recovery and resilience plan for Spain on July 13, 2021.

The Recovery Plan outlines the roadmap for the modernization of the Spanish economy, the recovery of economic growth and job creation, for the solid, inclusive and resilient economic reconstruction after the COVID crisis, and to respond to the challenges of the next decade. This Plan will receive funding from Next Generation EU funds, from the Recovery and Resilience Facility and from Recovery Aid for Cohesion and Territories in Europe (REACT-EU).

The Plan contemplates ten lever policies and 30 components, gathering a coherent set of investments and reforms aimed at recovery and promoting a change in the economic, productive and social model to address future challenges in a balanced way: Towards a more sustainable Spain , digitized, on equality and with greater social cohesion.

Of the ten lever policies, the fifth, "Modernization and digitization of the industrial fabric and SMEs, recovery of tourism and promotion of an entrepreneurial nation Spain", focuses essentially on industrial competitiveness and SMEs.

In accordance with the Execution Decision of the Council, of July 13, 2021, this line of aid is included in the framework of component 12 ("Industrial Policy"), investment 2 (C12.I2) "Program of Promotion of Industrial Competitiveness and Sustainability", of the Recovery Plan finally approved. This investment includes the Support Line for strategic projects for the industrial transition, whose main objective is to promote the transformation of strategic value chains in industrial sectors with a great driving effect on the economy, and aligned with the European strategy for industrial ecosystems.

This program is associated in said Decision to the fulfillment of objectives 184 to 186, and monitoring indicators 184.2, 185.1, 185.2 and 186.1

The projects that make up said Recovery Plan, aligned with the objectives of the Recovery and Resilience Mechanism, the green and digital transition, will allow structural reforms to be carried out in the coming years, through regulatory changes and investments that allow, for a On the one hand, a change in the production model for the recovery of the economy after the pandemic caused by COVID-19 and, on the other, a transformation towards a more resilient structure that allows our model to successfully face other possible crises or challenges in the future. future.

On the other hand, in compliance with the provisions of the Recovery Plan, in Regulation (EU) No.^o 2021/241 of February 12, 2021, which regulates the Recovery and Resilience Mechanism, and its implementing regulations, in particular the Communication from the Commission Technical guide on the application of the principle of "not causing significant harm" under the Regulation on the Recovery and Resilience Mechanism, as well as with the required in the Execution Decision of the Council of July 13, 2021, all the financed actions that will be carried out in compliance with this order, must respect the so-called principle of not causing significant harm to the environment (DNSH principle for its acronym in English, "Do No Significant Harm"). This includes compliance with the specific conditions set forth in Component 12, Investment C12.I2 in which it is framed, both with regard to the DNSH principle, and especially with regard to the conditions included in sections 3, 6 and 8 of the Plan Component document.

Likewise, in accordance with the provisions of the Council Execution Decision of July 13, this program is associated with green and digital labeling. According to the Council Implementing Decision, regarding investment 2 of component 12, the selection criteria must ensure that at least 455,000,000 euros contribute to the objectives related to climate change with a climate coefficient of 100%, and at least 1,500,000,000 euros with a climate coefficient of 40%, in accordance with annex VI of Regulation (EU) 2021/241 of the European Parliament and of the Council, of February 12. Alternatively, and justified, the selection criteria will ensure that at least €2,531,500,000 contributes to climate change-related targets with, on average, a climate coefficient of at least 40%, in accordance with Annex VI of Regulation (EU) 2021/241 of the European Parliament and of the Council, of February 12.

Specifically, and in accordance with the Working Document of the Commission services «Analysis of the recovery and resilience plan of Spain», which accompanies the Council Execution Decision, the climate labels associated with this investment are the 22 (Research processes, technology transfer and innovation and for cooperation between companies, focusing on the low-carbon economy and adaptation to climate change in the Spanish industrial sector, with an associated coefficient of 100%), 23 (Research processes, transfer of technology and innovation and cooperation between companies, with special attention to the circular economy and the Spanish industrial sector, with an associated coefficient of 40%) and 24 (Projects to improve energy efficiency in the industrial sector (SMEs and large companies) , with an associated coefficient of 40%). In this sense, and in accordance with the provisions of the Council's Execution Decision, the line of aid regulated by this order will prioritize activities that are included in any of these labels.

Likewise Directive (EU) 2018/2002, of the European Parliament and of the Council, of December 11, 2018, which modifies Directive 2012/27/EU, on energy efficiency, through its article 7 extends the obligation of accumulated savings of end use of energy by the Member States. This Royal Decree will also contribute to achieving the end-use energy saving targets established in article 7 of the aforementioned Directive on energy efficiency and reduction of greenhouse gas emissions.

Regarding the objective of contributing to the digital transition, C12.I2 is associated with label 10 (Digitalization of the industrial sector –SMEs and large companies–, with an associated coefficient of 100%), so it will be promoted that actions that are subsumable in this category are financed.

III

Chapter III of Title II of Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Public Administration and for the execution of the Recovery, Transformation and Resilience Plan, includes a new figure of public-private collaboration: Strategic Projects for Economic Recovery and Transformation ("PERTE"). This figure includes driving projects with a transforming structural impact on strategic sectors or with disruptive and ambitious research and innovation phases, beyond the state of the art in the sector.

After analyzing the industrial value chains, the automotive industry plays a strategic role and has a great driving effect due to its weight in the national GDP, its contribution to direct and indirect employment, its drag effect on the rest of economic sectors, its contribution to the trade balance and investment in innovation that is reflected in a constant improvement in competitiveness, as well as a strong backbone component of the Spanish territory.

It is also a value chain that has to be transformed in the near future, within a profound paradigm shift in the mobility ecosystem, which is based on low emissions and digitization. It is, therefore, a strategic challenge for the Spanish economy that requires actions that go beyond those of a strictly industrial nature and that must also be undertaken from other areas, many of them novel, to achieve the ultimate goal: A new industry of automotive for a new mobility that complies with the basic principles of the EU of digital and environmental transformation.

The transformation of the automotive sector will require the interconnection of its traditional companies, in the case of manufacturers of motor vehicles, bodywork, parts, pieces and electrical and non-electrical accessories, with the new agents from complementary sectors that They transcend the purely sectoral sphere, such as digital or energy.

For all these reasons, the necessary circumstances exist that motivate the Council of Ministers on July 13, 2021 to declare as the first Strategic Project for Economic Recovery and Transformation the development of an ecosystem for the manufacture of Electric Vehicles and Connected (PERTE VEC), with an approach based on the following levers: Guarantee the resilience of our economy, and particularly of the automobile industry; promotion of industrial investment, based on innovation projects, which allow Spain to position itself as a world platform in the production of vehicles with zero CO2 emissions and in the manufacture of key elements for these vehicles, such as batteries or renewable hydrogen; expand the industrial autonomy of our country, consistent with the European framework, bringing production closer to points of consumption, to avoid shortages of essential goods at critical times like the present; strategic orientation towards the commitments acquired by Spain and the European Union with the objective of climate neutrality in 2050; integration of Spanish companies in the large strategic industrial value chains of mobility and the automotive industry, positioning our country in the European and global arena as a central node of the great vectors of transformation of the sector; improvement of the competitiveness of the automotive sector, through modifications of those regulatory frameworks in areas such as logistics, digitization or professional training, which have become obsolete and do not respond to the major strategic objectives set until the year 2050.

This PERTE VEC integrates a series of transformative measures to promote the value chain of electric and connected vehicles and other facilitators for the creation of a new mobility.

Among the first, there is the Line of comprehensive actions on the industrial chain of electric and connected vehicles, which is articulated through this order of bases.

The configuration of the Line of comprehensive actions on the electric and connected vehicle industrial chain at PERTE VEC is based on the idea of ​​cooperation between companies in the electric and connected vehicle value chain, its objective not being that isolated projects are carried out that together have a large budget, but the proposals must seek cooperation between companies, which contributes to the generation of synergies and the dissemination of knowledge, with integrated and efficient solutions. The line does not seek the mere implementation of the manufacture of the VEC in Spain, but to encourage companies so that this transformation is carried out by seeking highly innovative solutions to the problems that may arise with this transformation and in a sustainable way. It is not intended a mere change in the manufacture of vehicles, but that this change is innovative, with sustainable manufacturing methods, that supports the circular economy and seeks social integration. The aim is to encourage the development of smart vehicles that can be instruments for the development of a new concept of mobility, that can interact with the electrical system and that have a circular economy approach and manufacturing that is as sustainable as possible. From the point of view of results and impact of the policy, it is intended, on the one hand, to improve the competitiveness of the automotive sector, which also contributes to its sustainability, with the necessary innovations that help improve energy efficiency and the substitution of classic components for reusable components, and with all this improve economic growth and therefore employment and industrial GDP, contributing to a representativeness of 20% in all industrial sectors.

For this reason, the order establishes a collaborative application model. The entities interested in submitting an application must be constituted as a group of companies without legal personality and sign, prior to the formalization of the application, an internal agreement that must include the provisions of article 67 of Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Public Administration and for the execution of the Recovery, Transformation and Resilience Plan, as well as the conditions established in annex VI of this order of bases.

Applications must also include primary projects that involve various links in the sector's value chain, and within the mandatory blocks, as well as some of the optional and cross-cutting ones defined in the Agreement of the Council of Ministers of July 2021 and reflected in article 8 and annex II of this order of bases.

The magnitude and complexity of the investments to be made is evident. As described in depth in the articles, each application called tractor project is made up of several primary projects that can be carried out by one or more entities of the group, in long periods of execution. For this reason, it is essential to establish mechanisms that allow certainty to be given to the project and monitoring of investments, such as the creation of working groups between the administration and the groups that, for information purposes, allow us to know about the incidents that could occur in the execution. . Likewise, the extensive investment periods that the projects that are presented will require, which will cover several calendar years and given that the investments will be multi-year, it is considered necessary that the aid granted can be articulated through several payments in different budgetary annuities, and with monitoring of the investment progress.

This program will be co-financed with European funds from the Recovery Plan.

IV

The order is structured into thirty-seven articles divided into two chapters, two additional provisions, three final provisions and six annexes. The first chapter contains the provisions of a general nature, which refer to aspects such as the general objectives, the types of actions that can be financed, the beneficiaries, the characteristics of the aid and its limits; The second regulates the management procedure: Calling bodies, how to make the request, evaluation process, processing and payment, justification and verification of the performance of the actions, graduation criteria for possible non-compliance, aid control mechanisms, refinancing of loans and advertising requirements. The annexes specify the activities included in the scope of this order, the scope of the blocks that make up the PERTE VEC, the definitions for the purposes of applying this order, the application evaluation criteria, the methodology for the financial qualification of the entities that make up the groups and the requirements of the grouping agreement.

The bases of the aid regulated in this order are dictated under the protection of articles 149.1.13.ª and 149.11.15.ª of the Spanish Constitution.

The management of these aids will be carried out by the Ministry of Industry, Commerce and Tourism, given that the State has exclusive powers in matters of promotion and general coordination of scientific and technical research, following the doctrine established by the jurisprudence of the Constitutional Court in relation to the material and functional scope of the competence that article 149.1. 15th of the Constitution reserves the State.

The Constitutional Court has declared that «it is in accordance with the Constitution that the State regulates, under the aforementioned art. 149.1.15 CE, the conditions for the granting of subsidies, in short, correctly ordered to the promotion of research and development of technical innovations in the textile and clothing sector" (STC 190/2000, of July 13, FJ 12; in similar terms, STC 175/2003, of September 30, FJ 8). As recalled in STC 90/1992, FJ 2 A), "state competence in the matter of scientific and technical research is not confined or limited to the general coordination of the activity resulting from the exercise of regional powers in the aforementioned matter , but also reaches the promotion of scientific and technical research.» A similar pronouncement can be found in legal basis 13 F) of STC 13/1992, of February 6.

In any case, this jurisprudence indicates that its scope is particularly broad, extending to organizational, and mere support or encouragement, without the need to limit itself to supporting activities directly leading to scientific discoveries or technical advances.

On the other hand, the complexity of the regulation, and especially the need to activate simultaneously a tractor project that cannot be divided and that will necessarily affect several Autonomous Communities, makes it impossible to territorialize the funds. This is a clear example where the sum of the parts would be less than the whole.

Additionally, the scope of application is the entire national territory, and for the benefit of its effectiveness and operability, it is advisable to concentrate the funds that finance them, since it is not possible to establish a priori a scheme of territorial distribution of spending, for such a distribution must be based on a forecast demand for aid that is generally unknown. In fact, the possible beneficiaries of this order present such heterogeneous characteristics in relation to their structure, their dimensions, as well as in relation to the maturity of the technologies with which they operate, that it is impossible to anticipate a clear criterion for the distribution of the funds assigned to the call between the different Autonomous Communities. Thus, these circumstances prevent the prior territorialization of credits between the Autonomous Communities and require the intervention of the General State Administration to guarantee a certain equality of possible recipients throughout the national territory.

V

Aid granted to projects included in the scope of application of this order constitute State aid and will respect the provisions of the Decision taken by the Commission regarding a possible notified scheme that could be approved, in the Guidelines on state aid for environmental protection and energy 2014-2020 (2014/C 200/01), in the Framework on state aid for research and development and innovation (2014/ C 198/01) and in Regulation (EU) No.^o 651/2014 of the Commission, of June 17, 2014, by which certain categories of aid are declared compatible with the internal market in application of articles 107 and 108 of the Treaty on the Functioning of the European Union, or its possible modifications, depending on the State aid regulations that are applicable in each case, according to the type of project.

The maximum budget for aid to be granted under this line for the entire period will be 1,425,000,000 euros in the form of a loan and 1,550,000,000 euros in the form of grants. Given its amount, a state aid evaluation plan has been drawn up. For its monitoring and assessment, this will require that the entities that make up the groups provide the necessary collaboration for this, answering positively to the requests for information that are required, always within the provisions of Organic Law 3/2018, of December 5. , Protection of Personal Data and guarantee of digital rights.

On the other hand, because the potential beneficiaries of financial support for industrial investment regulated in this order are legal persons, in accordance with the provisions of article 14.2 of Law 39/2015, of October 1, of Common Administrative Procedure of Public Administrations, the electronic processing of the aforementioned supports will be mandatory in all phases of the procedure.

The aid contemplated in this order is included in the updated 2021 Plan of the Strategic Subsidies Plan of the Ministry of Industry, Commerce and Tourism, prepared in a context conditioned by the health crisis and marked from the budgetary point of view by the approval of Law 11/2020, of December 30, which approves the General State Budget for 2021, and for the approval of Regulation (EU) No.^o 2021/241 of the Parliament European Parliament and of the Council of February 12, 2021.

Article 17 of Law 38/2003, of November 17, General Subsidies, establishes that, within the scope of the General State Administration, as well as public bodies and other public law entities with legal personality linked or dependent on it, the corresponding ministers will establish the appropriate regulatory bases for the granting of subsidies.

Article 129 of Law 39/2015, of October 1, establishes that, in the exercise of legislative initiative and regulatory power, Public Administrations will act in accordance with the principles of necessity, effectiveness, proportionality, legal certainty , transparency, and efficiency.

The adjustment of the proposed norm to the principle of necessity and effectiveness is given by the importance for a country of having a powerful industrial sector, since the nations that have it are capable of facing crises in better conditions, with more stable jobs and better wages.

Regarding the principle of transparency, this standard establishes objective, public and previously known application evaluation criteria, many of which are automatically calculated, so that the least weight of the evaluation is left to the evaluator criteria.

The principle of efficiency is fulfilled when making calls at the national level, so that the effort of the administrations is reduced, being able to make economies of scale and ensuring that the criteria used are the same, regardless of the origin of the request.

In relation to the processing of the order of bases, the provisions of chapter V of title IV of Royal Decree-Law 36/2020, of December 30, apply.

Consequently, and in accordance with the provisions of article 61.2 of Royal Decree-Law 36/2020, of December 30, it has been the subject of the mandatory report of the State Attorney and the Delegated Intervention of the General Intervention of the State in the Ministry of Industry, Commerce and Tourism.

By virtue, I order:

CHAPTER IGeneral Provisions

Article 1 Purpose

The purpose of this order is to establish the regulatory bases for the concession, under a competitive bidding regime, of aid for integral actions of the industrial chain of the electric and connected vehicle within the Strategic Project for the Recovery and Economic Transformation of the development of an ecosystem for the manufacture of the Electric and Connected Vehicle (PERTE VEC).

Article 2 Financing for the Recovery, Transformation and Resilience Plan

1. The aid that is the object of this order that, in accordance with its corresponding call, is financed within the scope of the Recovery, Transformation and Resilience Plan (hereinafter, the Recovery Plan), is framed in investment 2, "Program of Promotion of Industrial Competitiveness and Sustainability» of component 12, contributing to the fulfillment of the milestones and objectives associated with it in the Recovery Plan.

2. The provisions of the European and national regulations on the Recovery Plan will be applicable to the calls carried out under this Order, and especially Regulation (EU) No.^o 2020/ 2094 of the Council, of December 14, 2020, establishing a European Union Recovery Instrument to support recovery after the COVID crisis; Regulation (EU) No.^o 2021/241 of the European Parliament and of the Council, of February 12, 2021, establishing the Recovery and Resilience Mechanism, and Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Public Administration and for the execution of the Recovery, Transformation and Resilience Plan; Order HFP/1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan; and Order HFP/1031/2021, of September 29, which establishes the procedure and format of the information to be provided by the entities of the State, Autonomous and Local Public Sector for the monitoring of compliance with milestones and objectives and of budgetary and accounting execution of the measures of the components of the Recovery, Transformation and Resilience Plan.

Article 3 Geographical scope

The geographical scope of the activities subject to aid will be the entire national territory.

Notwithstanding the foregoing, the primary projects within line 3. Regional investment aid of article 9 of this order, must be located in geographical areas eligible for regional aid in accordance with letters a) or c) of article 107.3 of the Treaty on the Functioning of the European Union, and according to the regional aid map of Spain that is in force at the time of granting.

Article 4 Temporary scope

The aid provided for in this order covers its concession in the period 2021-2023, both included. The corresponding calls will establish, where appropriate, the possibility of multi-year aid in accordance with the provisions of article 57 of Royal Decree 887/2006, of July 21, which approves the Regulation of Law 38/2003, of November 17, General Grants.

Article 5 Beneficiaries

1. Groups without their own legal personality that have previously established a grouping agreement and meet the requirements established in annex VI of this order may be eligible for the aid established in this order. Additionally, the entities that make up this grouping must comply with the following:

2. In no case may those entities in which any of the circumstances detailed in article 13.2 of Law 38/2003 of November 17, General Subsidies, or that concur, be part of the group or obtain beneficiary status. are not up to date with the payment of the repayment obligations of any other loans or advances previously granted from the General State Budget, nor those companies that are subject to a pending recovery order following a previous Decision of the European Commission that has declared aid to the beneficiary illegal and incompatible with the internal market. Likewise, companies that are in crisis may not form part of the group or obtain the status of beneficiary, in accordance with the provisions of the Guidelines on state aid in the field of environmental protection and energy 2014-2020 (2014/C 200/01), in the Framework on state aid for research and development and innovation (2014/C 198/01), and in Commission Regulation (EU) No.^o 651/2014, of June 17, 2014, by which certain categories of aid are declared compatible with the internal market in application of articles 107 and 108 of the Treaty (General Regulation of exemption by categories), or of the possible subsequent modifications that may occur.

Article 6 Obligations of the beneficiaries

1. In general, the following are obligations of all beneficiary entities within the group:

2. In the case of the calls that are financed within the framework of the European Union Recovery and Resilience Mechanism, the beneficiary entities that are part of the group must also comply with the European and national obligations relating to to its financing. To this end, they must comply with the following:

Article 7 State registry of entities interested in PERTE

1. Once the State Registry of entities interested in the PERTE is launched, they will be registered, in accordance with the provisions of Chapter II of Title II of Royal Decree-Law 36/2020, of December 30, In the corresponding section, all the entities linked to the development of PERTE VEC, indicating, where appropriate, the groups with which they submit a request for aid.

2. The entities that are part of a group and are registered at the time of the application in the State Registry of entities interested in the PERTE, must not prove the requirements demanded in annex VI of this order that are already included in the Record. In the event that they are not registered, the presentation of an application for the call may be used to request at the same time their registration in the Registry.

Article 8 Structure of the line of comprehensive actions of the electric and connected vehicle industrial chain within the PERTE-VEC and minimum scope of the proposals

1. The comprehensive line of action on the industrial value chain of PERTE VEC is structured into the following blocks:

The scope of the blocks, in accordance with the provisions of the Agreement of the Council of Ministers of July 13, 2021, is developed in annex II of this order.

2. Each application submitted will be structured into a tractor project made up of primary projects that must be framed in one of the previous blocks.

A primary project is understood to mean each of the actions to be carried out, with its own entity and specific and autonomous objectives, which will be carried out by one or several industrial promoters and/or knowledge providers jointly in one or several blocks of the previously defined.

3. The calls will establish the obligation that the primary projects included in the driving project imply the development and execution of specific actions.

4. All the driving projects presented must include the execution of at least one primary project in each of the mandatory blocks, at least one primary project in one of the additional blocks, and collaborative projects in the transversal blocks.

Regarding the transversal blocks, these will include plans and commitments in the three areas. All the entities that are part of the group must participate in at least one transversal plan.

5. Each primary project must be framed in a single line and type of project of those established in article 9 of this order. In no case may a primary project receive aid from more than one line of action or one type of project.

Article 9 Lines of action and types of primary projects

Within a tractor project, the primary projects that fall within one of the following lines of action will be eligible for aid in each of the previous blocks:

Excluded from this category are investments destined to adapt the entity to standards of the Union already adopted, and which have not yet entered into force.

The entity of the group that is a beneficiary of aid in this line, must confirm in the documentation submitted together with the application that it has not been transferred to the establishment in which the initial investment for which aid is requested will take place in the two years prior to the application for aid and undertake not to do so for a period of two years from the completion of the initial investment for which aid is requested ask for help.

Article 10 Concepts of eligible expenses

1. Those that satisfy the provisions of article 31.1 of Law 38/2003, of November 17 and fall into one of the categories detailed in the following sections, will be considered eligible expenses.

2. For the primary projects framed in the Research, Development and Innovation Line, the following expense items may be financed:

3. For the primary projects framed in the Line of Innovation in Sustainability and Energy Efficiency, the following concepts may be financed and in the terms specified below:

The costs of building and installations may not account for more than 20% of the eligible cost of the primary project.

4. For primary projects framed in the Regional Investment Aid Line: The following concepts may be financed and under the terms specified below:

In the case of large companies, the costs of intangible assets will only be eligible up to a limit of 50% of the total eligible investment costs of the project for the initial investment.

In the case of aid granted to large companies for a fundamental transformation in the production process, the eligible costs must exceed the depreciation of the assets related to the activity to be modernized in the three previous fiscal years. In the case of aid granted for the diversification of an existing establishment, the eligible costs must exceed at least 200% of the book value of the assets that are reused, registered in the fiscal year prior to the start of the work.

5. For primary projects framed in the Line of training aid: The following concepts may be financed and in the terms specified below:

6. Excluded from the consideration of eligible expenses are those expense concepts that contribute to classifying the primary project in any of the categories detailed in article 9.5.

7. The expense items, to be considered financeable, must be clearly linked to a single primary project and must be detailed individually in the application. They must also be allocated to the corresponding item.

Only those concepts that undoubtedly respond to the nature of the activity to be financed and are strictly necessary may be considered financeable, based on the description of the actions within the primary project, provided in the application report.

8. The following rules are applicable to the concepts of financeable expenses:

9. In the calls for these aids that are financed with credits linked to the Recovery and Resilience Mechanism, and in accordance with the provisions of article 7 of Law 11/2020, of December 30, on General State Budgets for the year 2021, and in article 37 of Royal Decree-Law 36/2020, of December 30, the financing corresponding to these aids will be linked to the fulfillment of the objectives established in the Recovery Plan, as well as to the estimation of costs associated with it.

Article 11 Term for carrying out the actions

Investments and expenses made from the day following the submission of the application and up to a maximum period of thirty months from the date of resolution of the concession or until September 30, 2025, whichever takes place, will be financed. before, unless the corresponding call indicates other deadlines.

Article 12 Incentive effect

The aid regulated in this order will only be applicable if it has an incentive effect on the activity of the company receiving the aid.

Aid may only be granted if it has an incentive effect, for which the group must submit the aid application before the start of work on the driving project.

The beginning of the works will be understood as the beginning of the construction works in the investment, or the first firm commitment to order equipment or another commitment that makes the investment irreversible, if this date is earlier; the purchase of land and preparatory works such as obtaining permits and carrying out preliminary feasibility studies are not considered as the start of works; In the case of transfers, "start of work" is the moment in which the assets directly linked to the acquired establishment are acquired.

The start of the tractor project will occur with the start of any of the parent projects contained in it, according to the definition above.

Article 13 Minimum and maximum budget of financeable concepts

If applicable, the minimum and/or maximum fundable budget will be established in the corresponding calls.

Article 14 Concession regime and characteristics of the aid

1. The concession regime will be that of competitive competition, in accordance with article 22.1 of Law 38/2003, of November 17.

2. The aid regulated by this order may be of a multi-year nature and be formalized as loans, grants or a combination of both, in accordance with the provisions of each call.

3. The subsidies and loans from which the proposals submitted to the annual calls can benefit, will be financed from the budgetary applications that are determined in the corresponding calls and within the scope of the Recovery Plan, framed in the investment I.2 of component 12.

4. In the case of Public Administrations, their affiliated or dependent bodies and state mercantile companies and foundations of the state public sector, as well as similar entities of the Autonomous Communities and Local Entities, priority will be given to aid in the form of subsidy following the order of priority of the score obtained by the driving project and until the available credit in the corresponding budget item is exhausted, completing, where appropriate, with help in the form of a loan, until the available credit is exhausted.

5. For the rest of the entities, the concession of aid in the form of a subsidy will be assigned, following the order of priority of the score obtained by the driving project, for those actions that contribute effectively to the fulfillment of the commitment of 40% of contribution to the objectives related to climate change established in the Execution Decision of the Council of July 13, 2021, derived from the methodology established in the Regulation of the Recovery and Resilience Mechanism and committed in the Recovery, Transformation and Resilience Plan. Specifically, for those actions that are labeled during the evaluation process in one of the following classes:

For the rest of the actions and provided that there is budgetary availability for it, aid may be proposed in the form of a subsidy until reaching, depending on the financeable budget and the items of expenditure included in it, the commitment of 40% contribution from the proposal for the ecological transition, completing the rest of the aid with financing in the form of a reimbursable loan.

6. Likewise, the actions financed by the aid in the form of a subsidy may also contribute to the objective of digital transformation, therefore including digitization activities in the industrial sector -SMEs and large companies- (label 10 of annex VI of the Regulation of the Recovery and Resilience Mechanism).

7. The corresponding calls may establish the specific form of aid and the maximum amount of loan and subsidy to be granted in each year based on budgetary availability, which may be linked to the size of the company, the type of project , the line of action or the type of financeable expense, respecting, in any case and for each type of project, the maximum thresholds provided for in article 16 of this order, and in accordance with Regulation (EU) n. ^o 651/2014 of the Commission, of June 17, 2014 or its possible modifications in force at the time of the calls, the Framework on state aid for research and development and innovation (2014/C 198/1) and the Guidelines on state aid in the field of environmental protection and energy or their possible revisions or modifications in force at the time of the calls.

In any case, the maximum budget for aid to be granted under this Order for the entire period will be 1,425,000,000 euros in the form of a loan and 1,550,000,000 euros in the form of grants.

Article 15 Loan characteristics

1. When the aid is in the form of loans, its characteristics will be the following:

2. In the event that the aid is made through a combination of loan and grant, the loans will have the same characteristics as in section 1 of this article, but their amount will also be limited by the intensity limits of total aid established in article 16 of this order, taking into account, for the purposes of calculating the aid intensity, the subsidy that is awarded.

3. Those beneficiary entities that wish to make a payment on account or an early repayment of the loan must initiate the corresponding procedure by submitting an application at the electronic headquarters of the Ministry of Industry, Commerce and Tourism, accessing through the electronic registry.

Article 16 Limits and maximum aid intensities

1. The maximum limits and intensities of aid to be granted will be calculated for each primary project and beneficiary entity within the group.

2. For each primary project and beneficiary entity within the group, the total financing to be granted, nominal loan plus grant, will be a maximum of 80 percent of the financeable budget, except for the line of regional investment aid that It will be 75 percent.

3. The minimum percentage of the budget that can be financed in the form of a loan to be granted will be established in the following table

4. The amount of the maximum subsidy to be awarded per primary project and beneficiary entity within the grouping, may be limited by the conditions established in section 3 of this article, for compliance with the commitment to contribute to the objectives related to climate change and digital transformation referred to in article 14.5 and 6, and for other reasons established in the corresponding calls.

The sum of the equivalent gross subsidy of the loan and the subsidy granted by primary project and beneficiary entity within the grouping, may not exceed the limits established in sections 5 and 7 of this article.

5. The following maximum limits apply to the amount of aid granted:

The amounts indicated in letters a) to h) above will be subject to a positive decision by the European Commission.

6. The intensity of the aid corresponding to the loans granted by company and primary project must be expressed in terms of its gross grant equivalent. The interest rate that must be used for the purposes of both calculating the discount rate and calculating the amount of the aid itself must be, respectively, the discount rate and the reference rate applicable at the time of granting, as as established in the Communication of the Commission (2008/C 14/02) regarding the review of the method for setting the reference and discount rates. The calculation methodology to be followed to obtain the amount of aid, which includes the above interest rates as factors, will be indicated in the Communication from the Commission (2008/C 14/02) or in the regulations that may succeed him and in accordance with Annex I of the Guidelines on State aid for regional purposes (98/C 74/06), and using the financial qualification criteria established in Annex V of this order.

7. According to the types of projects, the maximum gross intensities per primary project and beneficiary entity will be the following:

Article 17 Compatibility with other aid

1. For the purposes of applying this article, public financing of a tractor project will be computed as the sum of public resources granted by any Administration and/or public entity.

2. The total public financing of each primary project may not exceed 80 percent of the total budget that has been considered financeable, or 75 percent in the event that it corresponds to the line of regional investment aid.

3. The aid regulated in this order may be accumulated with any other aid, provided that:

In any case, the accumulation of aid must not exceed the maximum aid limits or the maximum intensities established in the Commission Decision, which authorizes the notified scheme.

4. Projects financed under the Recovery and Resilience Facility may only receive support from other Union programs and instruments provided that such support does not cover the same cost, in accordance with Article 9 of Regulation (EU) 2021/241 of the European Parliament and of the Council, of February 12, 2021, establishing the Recovery and Resilience Mechanism.

Article 18 Guarantee regime

1. The guarantees will be constituted for each primary project and beneficiary entity within the group, at the disposal of the granting body, in the General Deposit Fund or in its branches, framed in the Delegations of Economy and Finance, in the modalities and with the characteristics and requirements determined in the calls established in the Regulation of the General Deposit Fund, approved by Royal Decree 161/1997, of February 7, and for the amount established in section 2 of this article.

For each entity proposed as a beneficiary within the group, the presentation of the guarantee constitution receipt will be required before the resolution granting the aid, establishing a period of 15 business days to present it from the notification of the request according to establishes article 27.3, last paragraph, of this order, both for the loan and for the proposed subsidy, if applicable. The lack of constitution and accreditation before the competent body of the guarantees will have the effect of considering the member entity of the requesting group, as having withdrawn the application. In the event that the withdrawal affects the mandatory structure of the tractor project in such a way that it is not fulfilled, the complete application of the tractor project will be deemed to have been withdrawn.

2. The percentage of guarantee to constitute before the resolution granting the aid for each primary project will be referenced to the first aid disbursement, as established in article 28.3 of this order. These guarantees may be increased, according to what is established in the calls, prior to the disbursement of the following payments.

3. The guarantees will be released, in general, once the accreditation has taken place that the activity of the primary project object of the aid has been carried out, as established in article 32.5 of this order, and the payment has been made of the reimbursement that proceeds in your case. Additionally, the different calls may require companies with a "Satisfactory" financial rating, calculated according to the methodology established in Annex V of this order, to maintain the guarantees corresponding to the amount of the aid in the form of a loan until full repayment. of the same. The regime of cancellation of the guarantees will adjust to the established in the regulations of the Caja General de Depósitos.

4. The guarantees will be seized when there is a non-payment of any of the installments corresponding to the repayment of the loan, as well as when there is a non-payment of the refund that proceeds due to a breach of any condition imposed on each entity beneficiary of aid within the grouping in this order of bases, and especially the provisions of articles 30, 32 and 33, in the call or in the concession resolution itself.

CHAPTER IIManagement procedure

Article 19 Bodies competent to convene, instruct and resolve the concession procedure and body responsible for monitoring

1. The head of the Ministry of Industry, Commerce and Tourism will be competent to convene the aid regulated in this order and resolve the procedures for granting them, without prejudice to the current delegations on the matter.

2. The competent body to order and instruct the concession procedures is the General Directorate of Industry and Small and Medium Enterprises (hereinafter, DGIPYME).

3. The DGIPYME and within it, the General Subdirectorate for Program Management and Execution, will be the body responsible for monitoring the actions financed.

4. In general and in accordance with the rules established for fraud prevention, all persons involved in the beneficiary selection procedure and verification of compliance with conditions will reinforce their involvement in this objective through a statement of absence of conflict of interest, committing to keep it updated in the event that the situation changes with respect to the original declaration, reason that will prevent them from participating in the procedure; and complying with all the conditions and formats established in Order HFP/1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan.

Article 20 Calls and initiation of the procedure

1. The aid regulated in this order will be articulated through at least one multi-year call and those that are necessary in the event of surpluses.

2. The procedure for the granting of aid will begin ex officio, through the publication of the corresponding call, the full text of which must be published in the National Subsidy Base (BDNS) and an extract of it in the "Official Gazette of the State", in accordance with the provisions of article 20 of Law 38/2003, of November 17 and in Royal Decree 130/2019, of March 8, which regulates the BDNS and the publicity of subsidies and other public aid.

Article 21 Electronic processing

1. In accordance with the provisions of article 14.2 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, electronic processing will be mandatory in all phases of the procedure. Applications must be submitted through the application available for this on the aid portal of the Ministry of Industry, Commerce and Tourism. The rest of the communications and other required documentation related to the projects that participate in this financial support program will be sent electronically through the electronic registry accessible from the electronic headquarters of the aforementioned Ministry.

2. The group will be able to access, with an electronic certificate, the electronic headquarters of the aforementioned Ministry, where it will be able to consult the documents presented and the status of processing of the file.

The practice of electronic notifications will comply with the provisions of article 43 of Law 39/2015, of October 1.

In addition, a complementary system of notifications will be made available to the interested party by email, these being merely informative, without producing the effects of a notification in any case. At the electronic headquarters of the Ministry of Industry, Commerce and Tourism, the interested parties, after securely identifying themselves electronically, may consult the acts of the procedure that are notified to them and submit any additional documentation that may be required by the acting body.

3. The publication of the proposed resolutions, as well as the publication of the dismissal, concession resolutions and their possible modifications and other acts of the procedure, will take place in the aid portal and in the electronic headquarters of the Ministry of Industry , Commerce and Tourism, and will have all the effects of the notification practiced according to the provisions of article 45 of Law 39/2015, of October 1, in relation to competitive bidding procedures.

4. In those cases in which a refund procedure takes place, the notifications related to said procedure will be made under the notification modality by electronic appearance, as established in article 43 of Law 39/2015, of 1 October.

5. The forms, the responsible declarations and the other electronic documents and procedures to be completed in the different phases of the procedure, will be available on the aid portal or at the electronic headquarters of the aforementioned Ministry, through the electronic registry, and must be compulsorily used.

6. In those phases of the procedure in which, for the sake of administrative simplification, the presentation of responsible declarations is allowed instead of certain documentation, said declarations must be presented in electronic format signed electronically by the declarant.

7. The entities that are part of the applicant group will not be obliged to present the documents that are already in the possession of the competent body for the concession, in accordance with the provisions of article 23.3 of Law 38/2003, of 17 of November, General Grants, and additionally in the provisions of articles 28.3 and 53.1 d) of Law 39/2015, of October 1, and must be specifically completed in the application questionnaire at what time and before which administrative body submitted the mentioned documents, for which he will indicate the number of the file that was communicated to him on that occasion, as long as no more than five years have elapsed since the end of the procedure to which they correspond.

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46/CE (General Data Protection Regulation) is repealed, express consent will be requested for the treatment by the Ministry of the data included in the application questionnaire. In the cases of material impossibility of obtaining the document or when the interested party expresses the refusal to consult their personal data, the competent body will require the requesting group to present it, or, failing that, the accreditation by other means of the requirements referred to in the document.

8. In the corresponding call, the aid portal, electronic registry and electronic headquarters referred to in this order will be determined, if applicable.

Article 22 Representation

1. The natural persons who sign or electronically submit documents on behalf of the entities that are part of the group or that are proposed as aid beneficiaries, must hold the necessary representation for each action, in the established terms. in article 5 of Law 39/2015, of October 1.

2. The signer of the aid application must prove that at the time of submitting the application he has sufficient representation for the act, in accordance with the provisions of article 24 of this order. Failure to comply with this obligation, if it is not corrected, will result in the application being withdrawn, in accordance with the provisions of article 68 of Law 39/2015, of October 1.

Article 23 Deadline for submission of applications

1. The deadline for submitting applications and the corresponding documentation will be the one established in the calls derived from this order of bases, this not being more than ninety business days.

2. Applications submitted after the established deadline will result in their inadmissibility.

Article 24 Formalization and presentation of applications

1. Applications to obtain aid will be addressed to the General Directorate of Industry and Small and Medium Enterprises, the competent body to instruct the procedure, and will be available for completion and presentation at the electronic headquarters of the Ministry of Industry. , Commerce and Tourism, where the necessary electronic aid means will be available.

2. The application for aid must be accompanied by the following documentation:

3. The entity designated as interlocutor with the Administration will submit the aid application on behalf of the Administration with the electronic signature of the person who has sufficient power of representation. By means of the electronic signature of the application, the fidelity with the original of the digitized copies of the documents provided together with said application will be guaranteed.

4. If the documentation provided does not meet the required requirements, the corresponding entity within the group will be required, through the interlocutor with the Administration and directly to said entity by email, so that, within 10 business days from the day following the publication of the request in the electronic office, correct the lack or attach the required documents, with a warning that, if you do not do so, your request will be considered withdrawn, after resolution, in accordance with the provisions in article 23.5 of Law 38/2003, of November 17. For these purposes, the documentary omission will be considered corrected when documents are submitted whose existence, before the expiration of the application submission period, is accredited, but not in the event of the provision of documents dated after said expiration date, although tend to verify compliance with said requirement.

5. In accordance with the General Data Protection Regulation [Regulation (EU) 2016/649 of the Parliament and of the Council, of April 27, 2016], each entity that is part of the group must indicate in the request its express consent for the granting body to directly obtain proof of compliance with tax obligations and against Social Security through electronic certificates.

If it is not granted, you must provide said certification along with the application.

6. Each entity that is part of the group must declare in the application any type of public funds that it has obtained or requested to finance the activities for which it is requesting assistance. In addition, this declaration must be updated if at any time after the instruction there is a modification of what was initially declared.

In addition, it will provide information regarding the amount and conditions of the outstanding loans that it would have obtained from any Administration and/or public entity, as well as a brief description of the financed object.

7. For the purposes of the practice of notifications by electronic means, it will be the obligation of the interlocutor with the Administration to inform the acting bodies of changes in the representation of any of the entities in it as soon as they occur. The change will become effective for those notifications that are issued from the day following receipt of the communication of the change of representative of the entity. Notifications prior to that date addressed to the representative that appears in the file will be considered correctly made.

Article 25 Application evaluation criteria

1. The evaluation will be carried out exclusively on the information provided in the application admission phase. As these are competitive tendering procedures and, as such, initiated ex officio, voluntary improvements to the application will not be accepted. However, the instructing body may require clarifications on aspects of the application that do not imply reformulation or improvement of it.

2. The evaluation will be made based on the criteria specified in this article. The total score of the evaluation will be normalized in the range between 0 and 100 points. In cases where scoring thresholds are established, it will be necessary to reach them to be eligible for aid. In no case may aid be granted to those investments whose score, in the corresponding criteria, does not reach the aforementioned thresholds.

3. In cases of applications with equal scores, the application that has been submitted before will take precedence.

4. For the evaluation of the tractor project, the criteria defined in the following decision table will be applied:

In the application of these criteria, the provisions of annex IV of this order will be taken into consideration. The call will establish graduation sections for the ratios defined in the economic-financial feasibility analysis criteria for the entity, as well as for the financial qualification of the company.

5. The following criteria will be exclusive to be eligible for aid:

Article 26 Evaluation committee

1. The applications will be subject to an evaluation procedure whose execution is entrusted to the evaluation commission, whose function will be to issue a report specifying the result of the evaluation carried out, as established in article 24.4 of the Law 38/2003, of November 17.

2. The evaluation commission will be administratively integrated into the Ministry of Industry, Commerce and Tourism and will be chaired by the person in charge of the General Directorate of Industry and Small and Medium Enterprises, the body that instructs the procedure.

3. The head of the General Sub-directorate for Industrial Sector Policies, the General Sub-directorate for Program Management and Execution, the General Sub-directorate for Industrial Areas and Programs and the Digitalization Sub-directorate will be members. Industry and Collaborative Environments, as well as an official who occupies a level 30 job position, for each of the following bodies: Technical Office of the Undersecretary of the Department and Technical Office of the General Secretariat for Industry and Small and Medium Enterprises . An official of the General Directorate for Industry and Small and Medium Enterprises will act as Secretary, who will not be considered a member of the aforementioned commission, and who, therefore, will have a voice but no vote, in accordance with the provisions of article 19.4 of Law 40/2015, of October 1.

4. They will be competent for the designation of the different members:

The appointment of the members of the evaluation commission will be carried out in accordance with the principle of a balanced presence of women and men, unless this is not possible for well-founded and objective reasons.

5. The legal regime of the aforementioned evaluation commission will be established in the third section, of chapter II, of the preliminary title of Law 40/2015, of October 1.

6. The evaluation commission may have, when it deems appropriate, the necessary technical assistance to issue the report and invite representatives of other Organizations, who will have a voice, but no vote.

7. In accordance with the rules established for the prevention of fraud, the members of the evaluation commission will reinforce their involvement in this objective through a declaration of absence of conflict of interest, committing to keep it updated in the event that the situation with respect to the original declaration is modified, passing to cease as member. For these purposes, the model provided in annex IV.A of Order HFP/1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan, will be used.

Article 27 Instruction of the procedure and resolution

1. The competent body for the investigation will carry out, ex officio, as many actions as it deems necessary for the determination, knowledge and verification of the data by virtue of which the resolution proposal must be formulated, in accordance with the provisions of article 24 of Law 38/2003, of November 17.

2. Once the evaluation has been carried out, the investigating body, in view of the file and the report of the collegiate body, will formulate the proposal for a provisional resolution, duly motivated, as established in article 24.4 of Law 38/2003, of November 17.

This proposal will be notified to the interlocutor with the Administration and the interested parties will be informed so that, within 10 business days, they can formulate the allegations they deem appropriate.

Together with the notification of the provisional resolution proposal, a period of 10 business days will be granted for the entities that are part of the group that have been proposed as beneficiaries to update, where appropriate, the information provided at the time of the request of the following mandatory conditions in order to be a beneficiary:

Paragraphs b), c) and d) above, may be accredited by means of a responsible declaration of the applicant, except in relation to the requirement set forth in letter e) of article 13.2 of Law 38/2003, of November 17 , General Grants, in which case the provisions of letter a) of this section will be taken into account.

3. Once the allegations made, where appropriate, by the interested parties have been examined, the investigating body will formulate the final resolution proposal that will be notified to the interested parties who have been proposed as beneficiaries so that, within 10 business days , communicate their acceptance or waiver of the proposed aid and prove compliance with tax and Social Security obligations, in the event that the interested party has expressly denied their consent for the body to directly obtain the accreditation of such compliance, in the terms provided in article 24.2.e) of this order.

Acceptance to the aid will imply:

The acceptance models will be provided together with the final resolution proposal.

After said period has elapsed without express acceptance being communicated by each member entity of the group that has been proposed as a beneficiary, it will be understood that the group as a whole renounces the aid.

In addition to acceptance, in order to be a beneficiary, it will be necessary to submit, within a maximum period of fifteen business days from the final resolution proposal, the proof of provision of guarantees referred to in article 18 of this order, as well as, if required, a report issued by an accredited certification entity certifying that the project complies with the principle of "not causing significant harm".

4. At any time during the procedure, the entities that are part of the group must notify the instructing body, where appropriate and as soon as they become aware of it, of obtaining other public aid for the execution of the activities for which that aid has been requested under the PERTE VEC.

5. At any time during the procedure, if the instructing body detects that compliance with the necessary conditions of any of the entities of the group to be a beneficiary has changed, it may require the interested parties through the interlocutor with the Administration, the accreditation of the same so that within a maximum period of ten business days, from the day following the publication of the requirement in the electronic headquarters, they provide the appropriate certificates, responsible declarations or required information, all without prejudice to the provisions of article 24.4. If you do not respond to the request, do not provide the required information or do so after the deadline, your application will be considered withdrawn.

6. Once the final resolution proposal has been submitted to the competent body to resolve, it will issue the corresponding resolution within a maximum period of 15 business days, which will be motivated and puts an end to the administrative process, as established in article 63 of the Regulation of the General Subsidies Law approved by Royal Decree 887/2006, of July 21.

The concession resolution, in addition to containing the applications to which the aid is granted and its amount, as well as the express rejection of the remaining applications, may include an ordered list of all the applications that, complying with the administrative conditions and techniques established in the regulatory bases to acquire the status of beneficiary, have not been estimated due to exceeding the maximum amount of the credit established in the call, indicating the score awarded to each of them based on the assessment criteria provided in the same, for the purposes of the provisions of article 63.3 of the Regulation of the General Law of Subsidies, approved by Royal Decree 887/2006, of July 21.

7. The provisional and final resolution proposals and the resolution of the aid granting procedure will be published on the aid portal and on the electronic headquarters of the Ministry of Industry, Commerce and Tourism. Additionally, each beneficiary group, through the interlocutor with the administration, and each beneficiary entity of aid within a group will receive notice of such publications by email, according to the data entered in the application form.

8. The maximum period for the resolution of the procedure and its publication will be six months from the publication in the Official State Gazette of the extract of the respective call, unless this postpones its effects to a later date in the terms established in article 25.4. of Law 38/2003, of November 17, General Subsidies. If after said period the body competent to resolve has not published said resolution, the interested parties will be entitled to understand that the application has been rejected.

9. The aid granted will be published in the National Grants Database, in accordance with the provisions of article 30 of the Regulations of the General Law of Grants, approved by Royal Decree 887/2006, of July 21.

10. The provisional and final resolution proposals do not create any right in favor of the entity of the group proposed as beneficiary before the Administration while the concession resolution has not been published.

11. In view of the report indicated in article 24.2.h) of this order and the result of the evaluation itself, the concession resolution will expressly inform about the fiscal nature of the project activities such as research and development or technological innovation for its possible use by the beneficiary entity before the Tax Administration.

Article 28 Payment

1. The payment of the aid will be made to each beneficiary entity within the group and will be conditional on the existence of proof by the managing body that each beneficiary entity meets the requirements established in this order, as well as those indicated in the Article 34 of Law 38/2003 of November 17 and Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Public Administration and for the execution of the Recovery Plan , Transformation and Resilience, among them: Be up-to-date in the fulfillment of their tax obligations and against Social Security, carry out their corresponding obligations of presenting accounts before the Mercantile Registry and the liquidation of the Tax of es, not being a debtor by resolution of origin of reimbursement and be up to date with the reimbursement of any other loans or advances granted previously charged to the General State Budget, as well as not being subject to a pending recovery order following a previous Decision of the European Commission that has declared a aid illegal and incompatible with the internal market.

The DGIPYME is responsible for verifying compliance with such conditions prior to payment, demanding for this purpose, when it cannot be proven otherwise, a certification from each beneficiary entity within the group.

2. In the event that the situation of the beneficiary entity within the grouping is not recorded with respect to the obligations outlined in the previous section, it will be required to, within a maximum period of 10 business days, from the following day to the publication of the requirement in the electronic headquarters, provide the appropriate certificates, responsible declarations or required information, all without prejudice to the provisions of article 24.4 of this order. The non-contribution or contribution after the term of the same, will lead to the loss of the right to receive the aid, in accordance with the provisions of title I, chapter V of Law 38/2003, of November 17, as well as article 89 of its Regulation of the General Subsidies Law, approved by Royal Decree 887/2006, of July 21.

3. The aid regulated in this order will be made in two payments per call and by type of aid (loan and grant) in the terms and percentages established in the corresponding calls. The first payment will be made the year of the call and the second during the following year. They will be conditioned to the presentation of supporting documentation, by the group, of the execution, within the terms indicated in the call, of a minimum percentage of the amounts committed for each primary project included in the proposal.

Article 29 Working groups for driving projects

1. For each driving project that obtains a concession resolution, and unless there is a loss of the right to payment, a working group will be created, the purpose of which will be to find out about possible incidents that could occur in the development of the granted project.

2. Each working group will be a collegiate body of those regulated in article 22.3 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, attached to the Ministry of Industry, Commerce and Tourism through the General Directorate of Industry and Small and Medium Enterprises.

3. Each working group will have the function of knowing and reporting possible incidents that could occur in the investment execution and verification phases, which will serve as a basis for subsequent administrative procedures, if applicable.

4. Each working group will be made up of

a) By the administration by a general deputy director who will act as president and an official who will act as secretary, both attached to the General Directorate of Industry and SMEs, and appointed by the head of said General Directorate.

b) On behalf of the group, the spokesperson with the designated Administration will be a member, and depending on the issues to be discussed, the representatives of the members of the group that are considered necessary.

Similarly, other people may attend on behalf of the Administration depending on the issues to be discussed, when deemed necessary.

Only the deputy director general will have a voice and vote on behalf of the Administration, and the interlocutor of the group.

5. Each working group will meet at least every six months after the concession decision, and may also do so at the request of the group or the Administration when there are incidents that may influence the development of the tractor project.

6. The working group will be dissolved after the issuance of the corresponding accrediting certification established in article 32.4 of this order.

Article 30 Modification of the concession resolution

1. The financed actions must be executed in the time and manner that are included in the concession resolution. However, when specific circumstances arise, duly justified, that alter the technical or economic conditions included in the resolution granting the aid, the interlocutor with the Administration may request the modification of the aforementioned concession resolution, provided that said modification does not affect to the objectives pursued with the aid, to its fundamental aspects, to the determination of the beneficiary, nor damage the rights of third parties, nor affect compliance with the principle of "not causing significant harm". In addition, the granting body may agree to an extension of the term of execution of the actions financed with a justifiable nature and in accordance with the provisions of this article.

This request must be made a maximum of three months before the end of the project's initially planned execution period and must be expressly accepted by the body that issued the concession resolution, notifying the interested party. The deadline for resolution will be 3 months from the submission of the application. If after said period the body competent to resolve has not notified said resolution, the interested parties will be entitled to understand that the request has been rejected.

2. The following may be alleged as circumstances that justify the need for a modification of the resolution:

3. In the case of significant modifications, or in the event that the management center considers it necessary, a report issued by an accredited certification entity may be requested, before granting the requested modification, certifying that the The proposed modification complies with the principle of "do not cause significant harm".

4. Modifications may not be authorized that involve:

5. The substitution of elements of the budget that can be financed by others with equivalent functionality within the following categories will not require the request for modification of the concession resolution, provided that the specified conditions are met:

6. The concession modification request will be made following the instructions of the Procedure Guide that will be available on the aid portal of the Ministry of Industry, Commerce and Tourism.

7. If, as a consequence of the modification of the concession resolution, there is an excess of capital received in the initial concession, the procedure for reimbursement of the advance payment plus late-payment interest will be immediately initiated from the moment of payment. until the date on which the reimbursement is agreed, for the amount of said excess.

8. On exceptional occasions, the group may submit a change of participants in defined primary projects, according to the instructions and forms indicated in the Procedure Guide that will be available on the aid portal of the Ministry of Industry, Commerce and Tourism. The granting body will re-evaluate the tractor project to guarantee compliance with all the requirements established in this order of bases, both for the proposed entity as a new member of the group, as well as for the primary project and, likewise, for the tractor project.

This change can never mean an increase in the amounts initially granted, and where appropriate, it could imply a refund of part of the aid, if any of the causes of articles 33 and 34 of this order are incurred.

In any case, no change of member entities of the group may be granted that does not comply with the conditions of participation, that harms the execution of the action, or that goes against the principle of equal treatment. In addition, a level of protection for the execution of the project and repayment of the loan and/or the equivalent subsidy must be guaranteed.

Article 31 Appeals

Against the resolution of the procedure, which will put an end to the administrative process, an optional appeal for reinstatement may be filed before the body that issued it, within a period of one month from the day following its publication, or be challenged directly before the contentious-administrative jurisdictional order within two months from the day following the date of publication, in accordance with the provisions of articles 123 and 124 of Law 39/2015, of October 1

The filing of appeals for replacement must be made through the electronic headquarters of the Ministry of Industry, Commerce and Tourism.

Article 32 Justification, follow-up and control of the performance of the actions

1. For the perception of the second payment in the terms referred to in article 28 of this order, each group must submit documentation justifying the execution, within the terms indicated in the call, of a minimum percentage of the amounts committed for each of the primary projects included in the proposal.

After the term indicated in the call has elapsed without having submitted said supporting documentation to the competent body, it will request each beneficiary entity within the group and inform the interlocutor with the Administration, so that within a non-extendable period of 15 business days said documentation is presented, with the warning that failure to present it will result in the loss of the right to collect the second payment.

2. Each group must present supporting documentation for the activities financed within the framework of this order within three months after the end of the execution period for the actions, in accordance with the provisions of the concession resolution and subsequent ones. of changes that might exist. This documentation will also include information regarding the evolution of the indicators used to assess the impacts of the state aid assessment plan.

After the established period has elapsed without having submitted the supporting documentation to the competent body, the latter will request each beneficiary entity within the group and inform the interlocutor with the Administration, so that said documentation is presented within a non-extendable period of 15 business days. , with the warning that the lack of presentation will give rise to the demand for reimbursement and other responsibilities established in Law 38/2003, of November 17 and in this order.

3. The justification will be made according to the justifying account modality, with the contribution of the auditor's report, in accordance with the provisions of article 74 of the Regulation of the General Law of Subsidies, approved by Royal Decree 887/2006, of 21 of July. Notwithstanding the foregoing, it will be necessary to present documents justifying the expense and payment.

To present the justifying account, each beneficiary must follow the instructions and forms indicated in the Justification Guide that will be available on the aid portal of the Ministry of Industry, Commerce and Tourism. This Justification Guide will develop the operational process for submitting the investment and payment supporting documents, as well as the impact evolution indicators.

All supporting documentation for carrying out the investment activities must be submitted via an electronic registry accessible from the electronic headquarters of the Ministry of Industry, Commerce and Tourism and with an electronic signature, in accordance with the provisions of the Order EHA/2261/2007, of July 17, which regulates the use of electronic, computer and telematic means in the justification of subsidies.

The electronic presentation of the supporting documentation will be understood to include both the initial presentation, within the term indicated above, and the possible corrections that are requested from the beneficiaries by the managing body.

Electronic submission does not exempt beneficiary entities from keeping the originals of proof of spending and payment, audit reports, etc., in case they are required later or at the time of submitting the supporting account as established in section 2 of this article by the managing body and responsible for monitoring or, when carrying out the control activities legally provided for, by the General Intervention of the State Administration or the Court of Accounts.

4. The Directorate General for Industry and Small and Medium Enterprises, by itself or through the body or entity it designates, will verify compliance with each primary project that is the object of the aid and the global project, as well as that it is has been applied to the specific purpose for which it was granted.

5. After the corresponding technical-economic verification, the body responsible for monitoring will issue, for each primary project and for the tractor project, the corresponding certification accrediting the degree of fulfillment of the purposes that justified the granting of the aid, of the adequate justification of the subsidy, as well as of the performance of the activity. Said certification will determine, where appropriate, the agreement on the origin of the refund for the purposes established in article 37 of Law 38/2003, of November 17.

6. Once the accrediting certification defined in the previous section has been issued, and where appropriate, the corresponding refunds of unjustified amounts have been made, the subrogation of a credit institution in the return obligation may be resolved upon request of the interested party. of the loan by the beneficiary entities that request it. The deadline for resolution will be 3 months from the submission of the application. If after said period the body competent to resolve has not notified said resolution, the interested parties will be entitled to understand that the request has been rejected.

7. Each beneficiary group and entity will be subject to the verification actions to be carried out by the managing body and responsible for monitoring the financed actions, as well as the financial control of the General Intervention of the State Administration and the supervisory control of the Court of Auditors and any other applicable regulations. The notification of said actions will be made to each beneficiary entity and will be notified to the interlocutor with the Administration.

8. The justification will also comply with the requirements of the European Union and national regulations regarding the Recovery and Resilience Mechanism.

Likewise, additional supporting documentation may be required to justify the expense incurred, as well as to comply with the appropriate management and monitoring system of the Recovery Plan, reporting what is necessary to feed said system, as well as the applications computers or databases that national or European regulations provide for the management, monitoring and control of financing and objectives

Article 33 Non-compliance, refunds and sanctions

1. Once the justification phase is finished, the certification of the degree of compliance will be carried out in two phases:

2. For each beneficiary entity and each primary project, non-compliance with the requirements established in this order and in the other applicable regulations both by Spanish regulations and those derived from the Recovery and Resilience Mechanism, as well as the conditions that, where appropriate, have been established in the corresponding concession resolutions, will lead to the loss of the right to receive the aid or, where appropriate, prior to the appropriate reimbursement procedure, to the obligation to return the amounts received plus interest corresponding delay and financial interest if applicable, at the time of non-compliance, in accordance with the provisions of Title II, Chapter I of Law 38/2003, of November 17 and Title III of its Regulations approved by Royal Decree 887/2006, of July 21.

3. It will be considered a technical breach of the requirements established in this order, and will generate the corresponding refund of the primary project affected or of the complete application, according to the criteria established in section 1 of this article, as well as the right to seize guarantees in the event of non-payment by the beneficiary entity in the event that these are effective, any of the following cases:

4. It will be considered financial default, and will generate the corresponding reimbursement of the affected primary project, as well as the right to seize guarantees in the event of non-payment of the beneficiary entities in the event that these are effective, any of the following cases:

5. The provisions of Title IV of Law 38/2003, of November 17, and in Title IV of its Regulations approved by Royal Decree 887/2006, of July 21, shall apply if the assumptions concur. of administrative offenses in the field of subsidies and public aid.

Infringements may be classified as minor, serious or very serious in accordance with articles 56, 57 and 58 of Law 38/2003, of November 17. The sanctioning power for non-compliance will be exercised in accordance with the provisions of article 66 of the same Law.

The maximum term for the resolution of the disciplinary procedure and its notification will be six months from the date on which the agreement to initiate the disciplinary procedure is signed.

6. The agreement by which the reimbursement procedure begins must indicate the cause that determines its initiation, the unfulfilled obligations and the amount of the aid affected, determining the part of the aid in the form of a loan and the part of the aid in form of subsidy that must be repaid.

Once notification of the beginning of the reimbursement procedure has been received, the interested party may present the allegations and documentation that he deems pertinent, within a period of 15 business days.

It will correspond to issue the resolution of the reinstatement procedure to the granting body, and the interested party must be notified within a maximum period of twelve months from the date of the initiation agreement. The resolution will indicate who is the person obliged to reimburse, the unfulfilled obligations, the cause of the procedure among those provided for in article 37 of Law 38/2003 of November 17 and the amount to be reimbursed together with late-payment interest.

7. In accordance with article 90 of the Regulations of the General Subsidies Law, approved by Royal Decree 887/2006, of July 21, the voluntary repayment of the principal of the aid in the form of a loan is understood to be that which It is carried out by the entity benefiting from the aid without the prior request of the Administration. When said voluntary return occurs due to any of the causes established in article 37 of Law 38/2003 of November 17, late-payment and financial interest will be calculated up to the moment in which the effective return by the beneficiary occurred.

In order to make the corresponding deposit, the provisions of the Order of February 1, 1996 approving the accounting documents to be used by the General State Administration will apply.

The interested party must inform the granting management service of their intention to make a voluntary return and its amount, and wait for the receipt of the corresponding 069 deposit document, to make the payment effective.

8. In the case of calls financed under the Recovery and Resilience Mechanism, and in accordance with the provisions of article 7 of Law 11/2020, of December 30, and article 37 of the Royal Decree-law 36/2020, of December 30, if the expense is not made or in case of total or partial non-compliance with the planned objectives, the beneficiary entities must repay the funds received to the Public Treasury in whole or in part, in each case.

Article 34 Graduation criteria for possible breaches

1. For each primary project, total non-compliance with the purposes for which the aid was granted, with the realization of eligible expenses, with the obligation to provide justification or with the requirements established in sections 2 and 3 of article 33 of this order, will give rise to the reimbursement of the aid granted and paid as well as the late-payment interest from the moment of the payment of the aid in the form of a loan until the date on which the reimbursement is agreed.

2. If the total breaches at the primary project level give rise to the breach of the conditions established in article 8 of this order regarding the structure and scope of the line of comprehensive actions of the electric and connected vehicle industrial chain within the PERTE-VEC, it will be considered that the degree of non-compliance is total for the driving project, which will give rise to the full reimbursement of the aid granted to each of the beneficiary entities, plus the late-payment interest corresponding to the aid part granted in the form of a loan.

3. When compliance in each primary project is significantly close to total compliance and an action unequivocally tending to satisfy its commitments and the conditions for granting the aid is accredited by it, partial non-compliance with the purposes for which the aid was granted, of carrying out the financeable project, or of the obligation to provide justification, will give rise to the reimbursement of the aid granted plus the late-payment interest corresponding to the part thereof granted in the form of a loan, in the proportion corresponding to the investment not made or not justified.

4. For the purposes of the provisions of the preceding sections, total non-compliance will be considered for each of the primary projects that make up the driving project, the equivalent of a percentage of less than 60 percent of the project's financeable budget, and compliance approximately significantly to the total equivalent to 60 percent or higher.

5. In any case, the scope of the breach will be total in the following cases:

6. Additionally, in the case of primary process or organizational innovation projects carried out by large companies, it will be considered that there is total non-compliance if, based on the amount of expenses validated as financeable, the percentage of the cost of collaboration with companies considered as SMEs is less than 30%.

7. The non-presentation of the alternative offers required in accordance with the provisions of article 31.3 of Law 38/2003, of November 17, General Grants, will be considered partial non-compliance proportional to the expenses for which have submitted such offers.

Article 35 Control of aid in the case of calls financed with the Recovery and Resilience Mechanism

1. Both in the phase of granting the aid and in the payment thereof or after it, the granting body, as well as the competent control bodies, including those included in article 22.2.e) of the Regulation (EU) 2021/241, of February 12, 2021, and article 129 of the Financial Regulation [Regulation (EU, Euratom) 2018/1046 of July 18, 2018], may carry out all those controls and inspections that they deem appropriate , in order to ensure the success of the aid granted, with the entities receiving the aid obliged to collaborate and provide any other documentation and information deemed necessary to verify compliance with the conditions established in this order. Likewise, the beneficiary entities undertake to facilitate the inspections and verifications that, if applicable, are carried out. Opposition to carrying out these checks and inspections may constitute cause for reimbursement of the aid, without prejudice to the processing of the corresponding sanctioning procedure.

2. The body that awards the subsidy will apply measures aimed at preventing, detecting, communicating and correcting fraud and corruption, preventing conflicts of interest and double financing.

3. The Administration and any other body among those contemplated in article 22 of Regulation (EU) 2021/241, of February 12, 2021, may access the information contained in the Registries of Beneficial Ownership, as well as any other database of the Administration for the purpose of supplying said data on the beneficial owners.

4. For the purposes of information and control of these aids, the information will be transferred between the systems established for the management and control of these subsidies with the European Fund Systems.

Article 36 Refinancing of loans granted

1. The entities of the group that are beneficiaries of loan concessions granted based on this norm, may request modifications to the amortization schedule, when there are unforeseen economic causes that could not be foreseen at the time of the request, and that were previously foreseeable, applying all the diligence required in accordance with good professional practice.

The request will be made through the electronic headquarters of the Ministry of Industry, Commerce and Tourism and must be resolved expressly by the body that issued the concession resolution. The term for the resolution will be six months from the presentation of the application. If after said period the body competent to resolve has not notified said resolution, the interested parties will be entitled to understand that the request has been rejected.

2. The application must be submitted at least two months before the first due date of the loan to be modified, and must include:

3. Modifications to the calendar may not be authorized in the following cases:

4. Modifications to the amortization schedule may consist of:

5. The modifications that are granted will be carried out in such a way that the same maximum levels of aid intensity and the same risk levels are respected as at the time of granting. The equivalent aid will be calculated at the time of granting the modification of the amortization schedule. To this end, modifications may be made to the interest rate and/or the guarantees associated with the loans.

6. Once the request has been studied, a proposal to modify the repayment schedule will be notified so that, within ten business days, the entity requesting the modification of the amortization schedule accepts the proposal or presents the allegations it deems timely. In the event that allegations are presented, a second and final proposal to modify the repayment schedule will be notified, which can only be accepted or rejected by the refinancing applicant, without prejudice to the fact that they can submit a new refinancing application.

7. Submitting a refinancing application does not imply the suspension of loan maturities. If any installment expires before the decision to modify the reimbursement schedule is issued, it will follow the usual established collection procedure.

Article 37 Advertising

1. Any reference in any means of dissemination to investments financed from the calls derived from this order must include that they have been financed by the Ministry of Industry, Commerce and Tourism, as established in article 18 of the Law 38/2003, of November 17.

2. If the aid is financed by the Recovery and Resilience Mechanism, it will be advertised in accordance with the applicable European and national regulations. In particular, and in the absence of a more specific provision being approved in this regard by ministerial order of the Ministry of Finance and Public Function, in the information and communication measures of the actions that develop the investments (informative posters, plaques, printed publications and media, audiovisual material, web pages, advertisements and inserts in the press, certificates, etc.), the following logos must be included:

3. Failure to comply with this obligation will be considered a minor offense in accordance with article 56.c) of Law 38/2003, of November 17, and will be penalized with a fixed fine in the terms provided in article 59 of the same law. Likewise, if after the disciplinary procedure the breach of this obligation persists or relapses, it may be cause for reinstatement in accordance with the provisions of article 37.1.d) of Law 38/2003, of November 17, and article 93 of its Development Regulations, approved by Royal Decree 887/2006, of July 21.

4. The publicity of the aid grants will be carried out in accordance with the provisions for the publicity of subsidies and public aid of the National Subsidy Database.

ADDITIONAL PROVISIONS

First additional provision No increase in public spending in the operation of the evaluation commission

The operation of the evaluation commission will be attended with the personal, technical and budgetary means assigned to the General Secretariat of Industry and Small and Medium Enterprises.

Second additional provision No increase in personnel costs

The measures included in this standard may not lead to an increase in endowments, nor in remuneration, nor in other personnel expenses.

Third additional provision Regional incentives for projects related to the electric and connected vehicle industrial chain

Notwithstanding the provisions of this Order, aid may be granted to projects related to electric and connected vehicles within the framework of Law 50/1985, of December 27, on regional incentives for the correction of interterritorial economic imbalances, the Regulation of regional development incentives of said Law, approved by Royal Decree 899/2007, of July 6, the royal decrees delimiting the economic promotion zones, and other development regulations, respecting in any case what provided in articles 107 and 108 of the Treaty on the Functioning of the European Union, Regulation (EU) No.^o 651/2014 of the Commission, of June 17, 2014, by which they declare certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty, and the Guidelines on state aid for regional purposes.

FINAL PROVISIONS

First final provision Title of competence

This order is issued under the provisions of article 149.1. 13th and 15th of the Spanish Constitution, which attributes to the State the competence on bases and coordination of the general planning of economic activity and for the promotion and general coordination of scientific and technical research.

Second final provision Applicable regulations

1. In everything not provided for in this order or in the respective calls, the provisions of Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Administration, will apply. Public and for the execution of the Recovery, Transformation and Resilience Plan, Law 38/2003, of November 17, General Subsidies and in the Regulation of Law 38/2003, of November 17, General Subsidies, approved by Royal Decree 887/2006, of July 21, as well as in Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, in Law 40/2015, of October 1, on the Legal Regime of Public Sector, in Law 47/2003, of November 26, General Budget, Order HFP/1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan, the Order HFP/1031/2021, of September 29, which establishes the procedure and format of the information to be provided by the State, Autonomous and Local Public Sector Entities for monitoring compliance with milestones and objectives and budget execution and accounting of the measures of the components of the Recovery, Transformation and Resilience Plan, PLEO, as well as all the European and national development regulations related to the Recovery Plan and the recovery and resilience mechanism, and other applicable provisions.

Ley 9/2017, of November 8, on Public Sector Contracts, transposing into the Spanish legal system the Directives of the European Parliament and of the Council 2014/23/UE and 2014/24 will also be applicable. /EU, of February 26, 2014, in the event that contracts are entered into in the execution of the projects that must be subject to this Law.

2. In accordance with the provisions of the sixth additional provision of Law 38/2003, of November 17, General Subsidies, financial loans granted under this order will be governed by its specific regulations, and, failing that, by the prescriptions of the aforementioned Law that are appropriate to the nature of these operations.

3. The aid granted to projects included in the scope of application of this order will respect the provisions of the Commission Decision regarding the scheme notified in the Guidelines on state aid in the field of environmental protection and energy 2014-2020 (2014 /C 200/01), in the Framework on state aid for research and development and innovation (2014/C 198/01), and in Regulation (EU) No.^o 651/2014 of the Commission, of June 17, 2014, declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty on the Functioning of the European Union or its amendments, depending on the regulations of State aid that is applicable in each case, depending on the type of project.

Third final provision Entry into force

This order will enter into force the day after its publication in the «Official State Gazette».

ANNEX IActivities included for industrial promoters and activities included for providers of technology and/or knowledge in the scope of this order

1. Eligible activities for industrial promoters will be those that can be classified in any of the following modalities:

2. Activities eligible for technology and/or knowledge providers will be those activities that can be classified in any of the following modalities:

As long as they are developed within the framework of the electric and connected vehicle industry.

Under no circumstances shall intermediation activities or those aimed at the final consumer be considered as complementary activities to industrial production.

ANNEX IIScope of the blocks that make up the PERTE VEC

O.1 Original equipment manufacturing and assembly.

It will be considered that this block is fulfilled if the proposals presented include:

A.3 Recharging systems.

In parallel to the promotion of the production of electric vehicles, the adequate deployment of an infrastructure of charging points is considered important. This deployment necessarily entails the manufacture of recharging systems.

This block includes the actions for the manufacture of electric vehicle charging systems, and additionally, both the R&D actions of charging systems and fast and ultra-fast charging systems or wireless charging or bidirectional systems will be valued that allow converting the electric vehicle into a support mechanism for the electrical system, as a distributed storage system.

The actions for a potential second life of batteries from electric vehicles will also be evaluated, as well as solutions for recycling and use of raw materials.

T.1 Circular economy (PEC).

A complete and coordinated Circular Economy Plan must be submitted for the management of the operation with a clear focus on the circular economy, in which all those involved in the proposal will participate. The plan must include clear and measurable commitments, which allow subsequent monitoring and a series of actions that each company involved will develop in their respective plants. The specific requirements of the PEC will be established in the call.

T.2 Digitization.

A Plan of specific actions based on digitization technologies that enable effective cooperation between the agents participating in the proposal must be included. The digitization Plan will be specified in a series of actions that each member involved will develop in their respective plants with the aim of achieving integration through digitization tools between the different participants (OEMs, component manufacturers and suppliers of raw materials). The specific requirements of digitization actions will be established in the call.

T.3 Training.

A Professional Training and Retraining Plan must be presented with long-term objectives and a commitment to job creation

ANNEX IIIDefinitions for the purposes of applying this order

For the purposes of the obligations established in article 6, the documentation to be submitted in article 24 and the financing limits established in article 14, of the evaluation criteria established in annex IV, as well as for the financial qualification established in annex V, the following concepts will be applied:

ANNEX IVApplication evaluation criteria

A.1 Evaluation of the global application.

The evaluation score of the tractor project will be normalized in the range between 0 and 100 points, and will be carried out in accordance with the criteria established in article 25.4 of this order of bases.

In applying these criteria, the following will be taken into consideration:

ANNEXOVMethodology for the financial qualification of the company

A.1 is mercantile

For the financial qualification of the companies, the following criteria will be applied, which will generate a total score distributed in the range between 0 and 30 points:

The financial rating of the commercial entities that are part of the grouping based on the previous score, for the purposes of calculating the Equivalent Gross Subsidy, will be:

A. 2 different commercial entities.

For the financial rating of the entities that are part of the group, other than commercial companies, the following criteria will be applied, which will generate a total score distributed in the range between 0 and 30 points:

The financial rating of the entity based on the previous score, for the purposes of calculating the Gross Grant Equivalent, it will be:

ANNEX VIRequirements required to the grouping agreement

The entities interested in presenting a proposal to develop the PERTE VEC in relation to each of the calls, must be constituted as a group of companies without legal personality and subscribe prior to the formalization of the application an internal agreement that must include at least the following aspects:

The grouping agreement may be conditional on being declared a beneficiary of the aid by resolution of definitive concession. Additionally, said grouping agreement must also respect the terms and conditions established in article 5 of this order.