The Rules On The Provision Of Advisory Support For Small And Medium Conditions Of Companies And Partners

Original Language Title: Noteikumi par konsultāciju atbalsta sniegšanas nosacījumiem mazajām un vidējām komercsabiedrībām un partneriem

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/135657

Cabinet of Ministers Regulations No. 380 in Riga 2006 (May 9. No 26 44) provisions on consultancy aid for small and medium conditions of companies and partners are Issued in accordance with the management of the structural funds of the European Union article 9 of the law on the fifth, the fourth paragraph of article 11 and article 16, first paragraph, paragraph 13 1. General questions 1. Terms used in the following terms: 1. Industry Association — society, which combines no less than four one business operator;
1.2. the partner — two or more small or average commercial companies that cooperate and share the responsibility for project implementation. A partner may also have one or more industry associations.
2. determine the order in which the small and average businesses and partners can receive support for professional consulting services.
3. the provisions governing the grant scheme (support) "Advisory services" activity.
4. Support programmes financed from the European regional development fund and the State budget. The total funds available for the aid programme is 900000 lats, including State budget funds or 270000 lat 30% of the total programme funding support.
5. Grant Scheme (support) the operator is the country's investment and development agency of Latvia (hereinafter the Agency).
6. the first level intermediate is the Ministry of economy.
7. supports the management of the programme in accordance with the laws and regulations that govern the management of the structural funds of the European Union.
 
2. The grant of the aid general provisions 8. Not be eligible for support in a small or medium company or industry association, if at the time of the project: 8.1 it by a decision of the Court of Justice recognized as insolvent, is in the process of restoration, its economic activity or has been terminated in accordance with the commercial register or the register of associations and foundations of the information available, it is in the process of liquidation;
8.2. it has not paid taxes and other State and local government at minimum payments in full within the time limits established for taxes and other State and local government payments mandatory regulatory laws;
8.3. it provided false information to the Agency in connection with the implementation of projects co-financed by the structural funds;
8.4. to it is applied in the criminal law to influence forced features.
9. Support programmes may submit a project application: small or medium 9.1 company;
9.2. the partner.
10. the maximum aid intensity in the aid program is one of the 50% of the total eligible expenditure for the project.
11. the total amount of support per project applicant must not exceed the following: 11.1.  20000 dollars this rule 31.2. bottom above advice;
11.2. the small and medium 10000 lat companies and 20000 dollars partners this provision for consultations referred to in paragraph 19.6. type;
11.3. the small and medium 10000 lat companies other forms of consultation.
12. In one project submission may include support for several types of consultation.
13. the project applicant support Pro can be submitted several gramm project submissions while not exceeding the maximum amount of aid per project.
14. in the framework of a programme of support for the aid received can not be combined with assistance from other aid schemes or individual aid projects.
15. Once the support costs can not be submitted again if the project to support the applicant in the framework of a programme of support for the aid to more than one project.
 
2.1. criteria for small and medium companies support 16. Support small and medium companies provide, subject to the State aid conditions.
17. Can I get support for any small and medium companies, which is a legal person and meet the following criteria: 17.1. it complies with the Commission of 12 January 2001, Regulation (EC) No 70/2001 on 87 and 88 of the EC Treaty. application of article, giving State aid to small and medium-sized enterprises, and of the Commission of 25 February 2004, Regulation (EC) no 364/2004 amending Regulation (EC) No 70/2001 (Official Journal of the European Union L 10, 13.01.2001,., p. 33; L 63, 28.02.2004, p. 22) (hereinafter referred to as aid), established criteria;
17.2 it is registered in the commercial register;
17.3. the share capital is more than 75% of private capital;
17.4. available to stable and sufficient sources of funding to ensure continuity of the company throughout the project implementation period.
 
2.2. criteria for partners support 18. A partner may be a small or medium company or industry association, which meets all the requirements set out in these rules the project applicant.
19. the supplier or service provider is not a partner.
20. A partner may be an industry association that is registered in the register of associations and foundations. A partner cannot be an industry association whose statutes is restricted in a small or medium company becoming the industry association.
21. The aid is to be distributed among the partners, which are small and medium-sized companies, taking into account the extent to which they have participated in the financing of the project.
22. prior to the application of the project partners is Yes the Agency agree on who will be responsible for project implementation (managing partner) and accordingly will be the project applicant and the beneficiary.
23. during the implementation of the entire project until the contract with the agency within the time limit indicated by the beneficiary (managing partner) is legally and financially responsible for all the obligations that it's undertaken, to implement the project.
24. The partnership agreement shall be the subject of the allocation of financial responsibility between the beneficiary (leading partner) each partner.
25. disputes between the partners address the legislation.
26. the project applicant (managing partner): 26.1. planned activities the project, costs, prepare and submit a final report on all activities undertaken within the framework of the project the eligible costs;
26.2. is responsible for the implementation of projects under the contract concluded with the Agency;
26.3. ensure the implementation of the project required funding, alone or in cooperation with partners.
 
3. the conditions for providing support support programme 27. Support programme designed to support all types of projects, except those that implement the agricultural and fisheries sectors.
28. This provision within the meaning of the agricultural and fisheries sectors cover the following general classification of economic activities (NACE UR1.1.red., approved by the Commission on 19 December 2001, Regulation (EC) No 29/2002 amending Council Regulation (EEC) No 3037/90 on the economic activities of the State in sa the international classification in the European Community): 28.1 (A) in the section section "Agriculture and forestry" med vanity, except 02. the section entitled "forestry, timber production and related services";
28.2. (B) section "fishing";
28.3. The Treaty establishing the European Community listed in annex 1 of the products, (D) section "manufacturing".
29. If a company involved in the project also works in some of the provisions in this paragraph 28 sectors, it provides a clear separation of financial flows between the various company areas of business law for the control of aid within the meaning of article 50. There should be no revenue of the project to the agricultural and fisheries sectors.
30. the procurement for the project shall be made before the application of the draft laws and agency procurement.
31. Support for small and medium companies provide the following advice: 31.1. Latvian and European Union standards, the certification according to the requirements of the safety, environmental and consumer protection. The result of the consultation is a consultant or an auditor's report on compliance with the standard, the action plan for the prevention of non-compliance or a certificate of the quality standards certificate;
31.2. the development projects. The result of the consultation is a construction project or design technical design stage that is coherent sketch project stage or an accepted technical design stage or is būvvald with a positive opinion of the expert;
31.3. tracking and management system analysis, audit. The result of the consultation is tracking and management system model or audit report;
19.5. the protection of intellectual and industrial property rights: the production license or patent and trademark protection, protection and licensing. The result of the consultation is a production license, the Republic of Latvia or any other State, the Republic of Latvia the patent or patent application in another country, or other country Latvia registered trademark, the trademark license;
31.5. preparation of project submissions in any of the support programs. The result of the consultation is the program administered by decision apsaimniekojoš, from which it follows that the project is an appropriate administrative evaluation criteria;
19.6. market research. The result of the consultation is market research. A market survey carried out by the partner must be made available to the public.

32. the project for the applicant in relation to the advice provider must be autonomous under the aid regulation provides the explanation.
33. Support programme for "consulting services" only the costs directly identified as supported and directly related to the implementation of the project. The bottom of the program provides grant aid to cover the costs of the following: 33.1. consulting services costs;
33.2. economy class public transport costs to the Kona sultācij venue and back to permanent jobs, if the applicant's employees go to the consultant, not exceeding 30% of the amount of the aid.
 
4. non-eligible costs 34. Support may be granted to cover the costs of: 34.1. costs not determined as eligible;
21.3. the value added tax;
21.3. the costs incurred before the rule referred to in paragraph 47 of the conclusion of the contract;
21.4. the costs for which are not submitted to financial resources, the use made of the supporting documents;
34.5. costs related to the company's export volumes of goods distribution to the establishment and operation of the network, as well as with the company's current expenditure on export operations.
 
5. the submission of the project and the decision making procedure 35. Adoption Agency shall issue the project's newspaper "journal". The announcement of the adoption of the project indicates the support program funding available and the date from which to adopt.
36. the adoption of the draft Agency launched no earlier than one month after the date of publication of the advertisement.
37. the adoption of the project ends December 31, 2006. Light support pro available funding, gramm project acceptance may be terminated earlier. Project termination of adoption agency shall issue the newspaper "journal". Announcement of the termination of the adoption of the project indicates the last day will be accepted.
38. To apply for aid, the applicant shall submit to the Agency the draft: 38.1. the project submission (annex 1). Project submission prepared into Latvian language;
38.2. This provision listed in annex 2 additional deliverables dock file (6, 7, 8, 9, 10 and 11) and procurement procedures supporting documents. Documents that have certain specific requirements as to form or content, shall be submitted in accordance with the provisions of annex 2.
39. a project application and submit additional documents, as well as procurement procedures supporting documents shall be submitted in triplicate (original and two copies). Each project with a copy of the application along with a copy of the document be binding a hardback, cauraukl and sanumur of the page. The same shall also be submitted to each of the procurement procedure, a copy of the supporting documents (bound in some hardback, caurauklot, with numbered pages). Support the original of the letter of consent submitted separately, but not in the project application.
40. the project applicant is entitled not to submit to the Agency, this provision of the annex 2 (4) and (5) the documents referred to. If the applicant does not submit such documents, the Agency obtained the administrative process itself.
41. the project is approved if it meets all the rules referred to in annex 3 administrative, quality and specific evaluation criteria.
42. Where the application does not comply with the relevant project application administered by the assessment criteria, the Agency shall make a request in writing (one time) to support the applicant within the time limit set by the Agency provides additional information to clarify the application of the project.
43. If the specified project submission does not meet the assessment criteria or administrative support, the applicant submitted a project specified in the application within the time limit set by the Agency, the Agency shall adopt a decision in accordance with the management of the structural funds of the European Union law article 18, paragraph 1, second subparagraph.
44. the decision on the granting of State aid agency adopted within one month of receipt of the application for the project. If the decision will take longer, the Agency, by adopting a decision, have the right to extend the deadline by up to a month, national Che on it by notice to the applicant.
45. The decision on the administrative and project submission rejection may challenge the management of structural funds of the European Union article 19 of the law on the procedure laid down in the fourth paragraph.
 
6. For the implementation of the project and the conditions for receiving the aid of the project, the applicant ultimately 46. reports submitted to the Agency no later than June 1, 2008.
47. Project implementation period shall be determined in agreement with the Agency.
48. the amendment of the Treaty can be concluded in the laws and contracts with the Agency. The amendments are acceptable, if not change the aim of the project. The parties agree on the amendments in writing.
49. the project the applicant receives support funding: 30.5. project supported activities have been initiated and the project eligible costs have been incurred with the agreement of the Agency specified during project implementation;
30.6. the project has been implemented under the agreement concluded with the Agency;
30.6. the information and publicity measures are implemented in accordance with the laws and regulations on information and publicity measures to be taken concerning assistance from the structural funds;
49. implementation of the project, has a separate accounting of revenue and expenditure, to comply with regulatory requirements and international accounting standards, or the existing system introduced in separate accounts, which provide separate tracking and reporting on project implementation, to be able to accurately identify all funding sources for the project and the expenses associated with the project;
30.8. the project applicant has prepared a final report and submit it to the agency within the time limit provided for in the Treaty.
50. when submitting the final report (annex 4), the following requirements shall be met: 50.1. review shall be accompanied by all copies of documents and reports in accordance with the provisions of annex 5;
50.2. the final presentation of the report comply with the requirements of the laws regarding the payment and transaction documents and the design.
51. the Agency shall examine the draft final statement of the applicant, make pre-payment review and take a decision. If a decision on payment, the Agency transferred the project to the applicant the amount of the aid granted.
52. The Agency, in considering the final report, have the right to request additional information from the applicant's project.
53. the Agency reduced the amount of the aid in such cases: 53.1. the actual use of the funds is less than that provided for in the project application;
53.2. not implemented in any of the activities provided for in the Treaty, which does not affect project objectives;
53.3. no use of financial resources submitted the supporting documents;
53.4. has exceeded the maximum amount of aid per project.
54. The aid reflects the beneficiary in the financial statements in accordance with the laws and regulations on business reporting.
 
7. project supervision 55. All documents and information related to the implementation of the project, the applicant shall keep the project until the date stipulated in the contract with the Agency, and shall, on request, be produced to the Agency.
56. The Agency, the European Commission, the managing authority, payment authority, as well as the first and second level intermediate are eligible to take the examination (including the physical control of the project implementation in place) before the aid was granted, during project implementation, and by the date set in the agreement with the Agency. These institutions have the right to request additional information from the support provided to the employees.
 
8. final question 57. With the date when the application is launched, the adoption of the project in accordance with the requirements of this regulation, the Agency will stop accepting submissions of projects according to the Cabinet-September 21, 2004 No. 796 of the provisions of the "rules of business income on aid conditions and project application and aid modalities" 3.3. subdivision "aid for consultancy and company participation in international exhibitions and trade missions".
58. These provisions do not apply to project applications submitted to the project application for the termination of adoption in accordance with the provisions of paragraph 57 and for which no decision is taken on the draft approval or rejection of the application. The project evaluation shall be applied to the Cabinet September 21, 2004 No. 796 of the provisions of the "rules on the provision of business support and project application and aid modalities" conditions, including 3.3. subdivision of "aid for consultancy and company participation in international exhibitions and trade missions", as well as paragraph 3 of annex 1 and 2.6, 3.6 and 5.6.
59. support within these provisions provided under the regulation.
60. the provisions in force until 31 December 2008.
Prime Minister a. Halloween economic Minister a. Štokenberg Editorial Note: rules shall enter into force on 25 May 2006.
Annex 1-11 ZIP 635 kb