Provisions For Grant Scheme "support For The Modernisation Of The Infrastructure Of The Business"

Original Language Title: Noteikumi par grantu shēmu "Atbalsts komercdarbības infrastruktūras modernizācijai"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/128065

Cabinet of Ministers Regulations No. 79 in Riga in 2006 (January 24. 5. § 63) the rules on the grant scheme "support for the modernisation of the infrastructure of business" issued under the management of the structural funds of the European Union article 16 of the law on the first part of paragraph 13 1. General questions 1. Terms used in the following terms: 1.1. applicant (grant schemes the project applicant)-company, which is presented by the national agency "Latvian investment and development agency" (hereinafter called the Agency) project application for aid;
1.2. the path – any traffic built area (road, street, Avenue, the crossroad and similar areas across their width, including road, suburbs, the split bar and island), also artificial structures (installations, drainage culverts), organization of the technical means of traffic (road signs, traffic lights, signālstabiņ, crash barriers, vertical and horizontal road markings), civil engineering (road communications and lighting lines). Road construction or strukcij are supported rekon travel preparations, except the bottom TRANS portēšan;
1.3. rail-rail superstructure (rail (track), exchanged, transferred, ballast and sleepers grade with the Earth), level crossings and crossings;
UR1.4.iek ārt Accessories: the accessories necessary for the functioning of the equipment;
1.5. laboratory equipment-equipment for the product or process of testing, calibration, verification, certification or other quality, product or process characteristics determination directly related functions;
1.6. the operational report-a report which shall include at least a balance sheet, income statement, cash flow statement and long-term investment movement report, explanations on the balance sheet and the profit-loss items;
1.7. the project aided activity – the action required to implement the project, and with legal and financial requirements. The activity is launched with the support of the applicant and the third party agreement on the necessary steps after the conclusion of the applicant's and the Agency's support for the agreement on the implementation of the project;
1.8. the project aimed at the development of the real estate-the real estate construction or reconstruction, which comply with the laws and requirements of the occupational safety and in the field of the environment and will be leased for commercial processing industry;
1.9. the manufacturing department – commercial Department, which may make independent working environment risk assessment or environmental assessment, a full evaluation of the major factors that affect the risks of the working environment or the environment, the technological equipment of the 1.10-connected node or set of components, in which at least one node or component moves if the actuators, control devices and the electrical circuit is connected to any given application material processing, processing, or packaging.
2. approve the grant scheme "support for the modernisation of the infrastructure of the business" (hereinafter referred to as the grant scheme).
3. Grant Scheme funded from the European regional development fund and the State budget. The total grant scheme to go the funding of 50 million lats, including Latvia's State budget share is 19 million lats.
4. Grant Scheme funding distribution by subprogramme is as follows: 4.1 subprogramme "development of commercial activities in accordance with the requirements of the standards" – 47 million lats, including Latvia's State budget is 17.86 million lats;
4.2. the sub-programme Shared infrastructures (laboratories) "-1.5 million lats, including Latvia's State budget is 0.57 million lats;
4.3. the subprogramme "development of infrastructure necessary for the development and reconstruction of the connection"-1.5 million lats, including Latvia's State budget is 0.57 million lats.
5. Grant schemes, the operator is the Agency.
6. Grant Scheme control is implemented in accordance with the laws and regulations that govern the management of the structural funds of the European Union, as well as respecting the State aid conditions.
2. The grant of the aid general provisions 7. support may receive any commercial company, if it is a legal entity and shall comply with the following criteria: 7.1 it is registered in the commercial register of companies;
7.2. the share capital is more than 75% of private capital;
7.3. it is directly responsible for the preparation and submission of project management and can not act as a mediator. Company itself makes a contribution and eligible costs included in the company's assets to use in your commercial activities, if these rules provide otherwise;
UR7.4.tai is available in a stable and sufficient sources of funding to ensure continuity of the company throughout the project implementation period;
7.5. it is able to implement and manage measures consistent with the project applied for.
8. the company grants under the scheme shall not be eligible for support in the implementation of the projects in the following sectors: 8.1 the steel industry;
8.2. man-made fibre production;
8.3. retail and wholesale services;
8.4. the transport;
8.5. agricultural and fishery products;
8.6. the coal industry.
9. If the company, which operates in one of the provisions referred to in point 8 not eligible sectors, claim to be the implementation of a project eligible sector, the company provides the industry supported the project financial flows clearly separated from other commercial activities of the financial flows.
10. If a company qualifies for the implementation of a project vehicle manufacturing, shipbuilding and repair sector, the Agency before submission of the project evaluation under the administrative assessment criteria application must be forwarded to the Ministry of Finance of the project application to the evaluation of conformity to the requirements of the law of business support in the area of control.
11. This rule 8 and 10 above industry definitions and descriptions are provided in annex 1 of these rules.
12. Not be eligible for support, which the company: 12.1.ar court recognised as insolvent (located at process of reorganisation or pursuant to the commercial register of the information available is in the process of liquidation, or the economic activity is terminated);
12.2 has not paid taxes and other State and local government at minimum payments in full and the time limits laid down in laws and regulations;
12.3. the Agency provided false (also misrepresent) information.

13. the company may be eligible for financing conditions laid down for small and medium companies, if it meets the Commission's 2002 January 12, 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, the criteria laid down.
14. Grant Scheme provides support for initial investment aid under commercial control law article 23, first paragraph.
15. in Support of this grant scheme can be combined with the support of other regional aid schemes or individual aid project, subject to the following conditions: 15.1 these rules above the maximum allowable aid intensity is limited to the total amount of the aid where the aid is provided at: 15.1.1. several regional aid schemes or individual aid projects;
15.1.2. as from local, regional national and European Union financial Lee Rised;
15.2. If the project exceed the eligible costs 35.14 million lats, in addition to the applicable multisectoral framework.
16. Grant Scheme maximum aid intensity of the eligible expenditure for the implementation of the project site are: 16.1. sub-programme Shared infrastructures (laboratories) "and" infrastructure development the necessary connection and reconstruction ": 16.1.1. small and medium companies-65%;
16.1.2. the major commercial companies – 50%;
16.2. the subprogramme "development of commercial activities in accordance with the requirements of the standards": 16.2.1. Latgale planning region, as well as other planning regions in particular assisted areas established in 2003 the Cabinet of Ministers of 11 November Regulation No 637 "special assisted area status and the granting of the order:" lifting the at 16.2.1.1. small and medium companies-65%;
16.2.1.2. large companies – 50%;
16.2.2. the rest of the territory, with the exception of Latvia Riga: small and medium 16.2.2.1. companies – 55%;
16.2.2.2. the major commercial companies – 40%;
16.2.3. Riga: small and medium 16.2.3.1. companies, 45%;
16.2.3.2. large companies – 30%;
16.2.4. commercial companies, that the aim of the project is the development of real estate, the maximum aid intensity is 35%. Support can not get in Riga and Riga District.
3. the conditions for the grant of aid schemes within the framework of subprogramme 17. Grant Scheme includes the following subprogrammes: 17.1. ' business development in accordance with the requirements of the standards ";
17.2. "shared infrastructures (laboratories)";
17.3. "infrastructure development required for connection creation and reconstruction."
18. One company can receive the support of no more than one project in each grant scheme in the subprogramme.
3.1. the Subprogramme "development of commercial activities in accordance with the requirements of the standards ' 19. Subprogramme one company within the maximum amount of the aid from one of the project's total eligible cost is 600000.
20. the subprogramme intended to support the following activities: 20.1. ensuring compliance with the laws and requirements of working in the field of the protection of the company's manufacturing unit;
20.2. ensure compliance with the laws and requirements in the field of the environment business unit manufacturing company;
20.3. the compliance of Latvia and other countries ' laws and requirements for products and services, if the project is for the introduction of standard company;
20.4. the reconstruction of real estate or construction, which will be used to carry out the business of processing industry, if the project is for the business of infrastructure that complies with the normative requirements.
21. implementation of activities ensures the prevention of non-compliance found, but if the new business is started, the shop set up compliance with relevant standards or regulatory requirements.
22. Subprogramme provided support to the following costs: 22.1. tangible investments: 22.1.1. technological equipment and accessories purchase or reconstruction (including delivery, installation, and operating staff briefing);
22.1.2. laboratory equipment and accessories purchase (including delivery, installation, and operating staff briefing);
22.1.3. reconstruction of buildings and premises and construction costs;
22.2. intangible assets (technology transfer required for the acquisition of patents and licences) if they: 22.2.1. will be used only for company, which receives support;
22.2.2. will be included in the assets of the company as depreciable fixed assets;
22.2.3. will be purchased from third parties for market price;
22.2.4. will be included in the assets of the company and at least five years will remain the company's property received regional aid;
22.3. intangible investment costs associated with the technologies required the acquisition of patents and licences, are eligible, provided that they do not exceed: the big commercial companies – 22.3.1.25% of the company in question supported the project total eligible costs;
22.3.2. the small and medium companies, 50% of commercial society in particular aided the project total eligible costs.
23. reconstruction of buildings and premises and construction costs are acceptable if they do not exceed 40% of the project total eligible costs and maximum 240000 lats (except for projects aimed at the development of real estate).
24. If the aim of the project is the development of real estate: the project assisted in 24.1. costs shall include only the reconstruction of buildings and premises and construction costs;
24.2. hiring the project built or reconstructed real estate market prices apply;
24.3. the project at the time of submission of the application is concluded long-term lease for at least 50% of the real estate space, which will be built or reconstructed after project implementation.
25. the market price shall be determined by means of a written procedure for each rental to be built or reconstructed in the property room, also in the area of five full calendar years after the completion of the project.
26. The auction progress: 26.1. advertisements for the auction shall be published in the newspaper "Gazette" and at least one of the municipal territory available in the newspaper. Notices of the auction at the post real estate;

26.2. the advertisement and notice of auction: 26.2.1. be auctioned property name and location;
26.2.2. where and when you can get acquainted with the rules of the auction;
26.2.3. be auctioned property viewing space and time;
26.2.4. application registration and auction space and time;
26.2.5. auction types;
26.2.6. payment order;
26.2.7. be auctioned real estate future conditions of use, if any;
26.3. auction duration may not be less than twenty working days from the date of first publication;
26.4. the offer shall be made in a closed envelope with the indication of the specific auction. Tenders shall state the applicant's name, registration number, registered office and the amount offered, as well as certifying the consent of auction rules. If the offer does not comply with these requirements shall be considered invalid;
26.5. offers by a certain day and hour may be submitted as follows: 26.5.1. sent by post registered post;
26.5.2. auction organizer shall refer directly to the provisions referred to in paragraph 16.6. time and sign up for the submission of tenders;
16.5. personally submitted or delivered by mail offers written bids in closed envelopes up to the beginning of the auction;
16.6. the auction set the day and hour of the auction Organizer checks the mail, as well as whether registered members have submitted offers. If 15 minutes no tenders are received, the present declare that the acceptance of the offer is complete. You will not be accepted nor personally submitted, nor the mail sent. The auction Organizer in the presence of participants open the closed envelopes submitted tenders and subscribe to them (if the auction is hosting the auction Commission, signed by all the members of the Commission). Oral offers the written auction is prohibited;
16.7. after opening the envelopes auction Organizer from the tenders submitted shall draw up a list of prices to resist bad deals and noted their auction Protocol. If there is no doubt, the auction organizer shall notify that the auction is completed, named the highest offered price and the person who it promising, and noted their auction Protocol;
26.9. If after all the opening of envelopes, it is apparent that several members of the auction offered equal highest price, the auction organizer shall continue the auction, taking written bids from individuals who offered the highest price of the same. After this examination of tenders for the nosolītāj together with the person who offered the highest price for the lease of the area;
26.10. information about the auction results within five working days shall be published in the newspaper "Gazette" and newspapers, which was announced to the auction. Indicates the specific auction, auctioned, the winner of the area name and nosolīt.
3.2. the sub-programme "shared infrastructures (laboratories)" 27. Subprogramme one company within the maximum amount of the aid from one of the project's total eligible cost is 1500000 lats.
28. Subprogramme provided support to the national Office of the accredited akred tation! laboratory and inspection or certification bodies, if their services will be publicly available.
29. the Subprogramme provides substantive support to the following investment costs: 29.1. technological equipment and the purchase of equipment and reconstruction (including delivery, installation, and operating staff briefing);
29.2. computer and other information technology solution purchase (including delivery, installation, and operating staff briefing);
29.3. laboratory equipment and accessories in accordance with the acquisition of technical projects (including delivery, installation, and operating staff briefing);
29.4. reconstruction of buildings and premises and construction costs exceeded the not raising 40% of the total eligible project costs.
3.3. the Subprogramme "development of infrastructure necessary for the development and reconstruction of the connection" 30. under Subprogramme one company the maximum amount of the aid from one of the project's total eligible cost is 500000.
31. the subprogramme intended to support connection establishment or reconstruction, which provide the company with the necessary resources or access to communications.
32. the Subprogramme provides substantive support to the following investment costs: 32.1. road and rail construction and reconstruction supplies to the object or objects of production group;
32.2. the connection to the reconstruction and construction of the main line to the border of the territory, the accounting node or to enter a building: gas connection, electricity supply, water supply and sewage system, heating system, telecommunication system;
UR32.3.lok ALA sewage and water supply system reconstruction and building up the accounting node or to enter the building.
4. non-eligible costs 33. Where investments are made through leasing, eligible costs may only include the investments that the final report of the project at the time of submission will be fully paid for and will be the property of the company.
34. a Grant Scheme supported only the costs directly identified as supported and directly related to the implementation of the project.
35. the following are not supported: 21.8. costs associated with the establishment and operation of a distribution network, as well as commercial export operations running costs;
35.2. land or existing buildings acquisition costs, rent, renting, or leasing;
35.3. demolition of buildings and premises costs;
35.4. the potential loss (including exchange rate losses), debt or deficit planned expenditure for deletion;
22.1. the current daily costs associated with project activities and commitments of the applicant (for example, costs associated with commercial financing current expenditure, administration, and maintenance (including structures and building maintenance costs and rent), the cost of incidental expenses);
35.6. value added tax;
22.2. the customs duty, import duty (tariffs);
22.2. depreciation expenses and donations of any kind (including capital subsidies);
22.3. bank fees, leasing and credit interest guarantee fees and similar payments and interest costs;
35.10. grant award (for example, any kind of public funding to give grants or loans to other organizations);
35.11. general-interest vehicle purchase costs;
35.12. expenditure on advertising and other promotions;
35.13. payments in kind;

69.35. contributions in kind (e.g. land, immovable property (all or part), durable goods, raw materials, individuals or commercial companies made outstanding charity work);
35.15. costs incurred in removing the exceptional circumstances and their consequences;
35.16. the costs incurred by the applicant, on the basis of support and third party contract, concluded before the provisions referred to in paragraph 49 of the conclusion of the contract and after the specified project.
5. application submission and Draft decision 36. Notice of project application and termination of adoption agency for each grant scheme, to be published in a newspaper of the sub-programme "journal". The notice of project application acceptance started citation indicates a paper within the funding available and the appeal period.
37. the Grant Scheme, sub-programme "support the development of appropriate business standards" project submission acceptance issued by at least two European funding available for dividing in equal shares in each paper. The last paper, issued on the remaining funding.
38. the project application acceptance Agency launched no earlier than one month after the date of publication of the advertisement.
39. To apply for aid, company: 24.3. provide the Agency with project submission (2., 3., or annex 4);
24.4. the additional documents submitted to the Agency under this provision 5, 6 or 7 of the annex. Documents to the form or content of these rules is subject to special requirements, be drawn up in accordance with these rules 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21;
39.3. the project application and supporting documents shall be submitted in eight copies (one original and seven copies), except: a construction of accepted 39.3.1.. Accept the construction shall be submitted in duplicate (one original and one copy). The construction as content and form submitted in accordance with the law, the construction of the Cabinet 1 April 1997 of Regulation No. 112, "General provisions" and the Cabinet of Ministers of 14 august 2001 Regulation No. 370 of the "rules for the Latvian et seq of the LBN 202-01" Construction and design "," bound hardback, with numbered and caurauklot pages. A construction project of the binding separately from the main application volume. Projects must have a positive opinion about the construction of expertise in compliance with the legislation and technical regulations requirements and those contained in the scope of the works and material compliance with the building project. Expert opinion must be dated prior to the approval of the construction plan. Expertise opinion binding construction volume in construction before accepted;
39.3.2. This provision paragraph 12 of annex 5, annex 6, paragraph 11, or 11 of annex 7, paragraph procurement documentation submitted in duplicate (one original and one copy), caurauklot and bound hardback;
39.3.3. these provisions of annex 5, paragraph 6, annex 6, paragraph 5, or 7. in paragraph 5 of the annex that additional document. It shall be submitted electronically only two copies (for information submitted to Microsoft Excel format, record a CD-ROM);
39.3.4. This provision, paragraph 9 of annex 5, annex 6, paragraph 8, or 7.8 in addition to the documents referred to in this rule 39.3. referred to eight copies are submitted electronically by two Exo plāro (information submitted to Microsoft Excel format, record a CD-ROM);
39.3.5. This provision paragraph 15 of annex 5, annex 6, paragraph 14 or Annex 7 mentioned in paragraph 14 of the agreement of the applicant, a letter of support (based on the Agency of the State revenue service requires a certificate of the applicant's tax debt aid) submitted separately, but not in the project application;
39.3.6. If the project shall also be submitted electronically. In that case, submit the application and one copy of the original (with the added accepted construction plan) in paper form and the application and supporting documents electronically (documents submitted to Adobe portable document format format for recorded CD-ROM);
39.4.ir the right not to submit these provisions of annex 5, 13, 15 and 16, paragraph 6 of annex 12, 14 and 15, as well as in paragraph 12 of annex 7 and 14 with the documents listed. If the company fails to submit this documents listed below, the Agency obtained the administrative procedure law.
40. the procurement that is required for the implementation of the project, carried out in accordance with the laws and regulations governing procurement in the European Union co-financed projects. If the purchase item is purchased, to ensure compliance with the standards or regulatory requirements or procurement of laboratory, technical description of the subject of min all the requirements meet the standards and regulations or is set the laboratories.
41. the project application is considered the appropriate administrative evaluation criteria, if it complies with all the rules 22, 23 and 24 are listed in the annex to administrative evaluation criteria.
42. the project submission be considered appropriate quality and specific evaluation criteria, if it complies with all the rules 22, 23 and 24 of the quality referred to in the annex and the specific evaluation criteria.
43. Where the application does not meet the assessment criteria, the administrative agency shall support the applicant requests in writing (one time) deadline to provide further information to clarify the project submission.
44. If the specified project submission does not meet the assessment criteria or administrative support, the applicant failed to submit the additional information required in the time limit set, 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.
45. If the Agency becomes aware that a project supported activities predate this rule 49.1. referred to the conclusion of the contract, the Agency rejected the application of the project in accordance with the management of the structural funds of the European Union law article 18, paragraph 2, second subparagraph.
46. The decision on the application of the non-compliance of the project administration and project assessment criteria application rejecting may challenge the European Union's structural fund management law, article 19 in part four.

47. the decision on the granting of State aid to support the applicant shall adopt within four months after receipt of the application. If the decision requires further information, the Agency shall adopt a decision concerning the decision on the granting of State aid extension (up to six months) and shall notify the applicant of the aid. The total period does not include the time during which support the applicant prepare for additional information or to clarify the application of the project according to paragraph 42 of these rules.
48. the Agency concluded that rule 49.1. the contract referred to the December 29, 2006.
6. Project implementation and support conditions of funding 49. Supports the applicant receives support funding, if the following conditions are met: 30.5. after the positive decision on the approval of the project application to the applicant with the aid agency has entered into a contract for the implementation of the project;
30.6. the implementation of the project, has a separate accounting of revenue and expenditure accounts under Latvian legislation requirements and generally accepted accounting principles or separate accounts have been introduced that 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;
30.6. the applicant is prepared, and the agreement on the implementation of the project in due time submitted the final report to the Agency in accordance with the provisions of the annex, and 25 final report is attached to the copies of documents and reports in accordance with the provisions of 26, 27 or 28 of the annex., as well as documents proving the specific objectives of the project (annex 29);
49. the applicant is subject to the payment and transaction documents in design and design requirements (annex 30);
30.8. grant scheme of the subprogramme "support for the development of commercial activities in accordance with the requirements of the standards", if the aim of the project is real estate development, the final report at the time concluded long-term lease for at least 50% of the project built or reconstructed real estate space.
50. The agreement on the implementation of the project may be amended in the order laid down in the law and in the relevant contract. The agreement for the implementation of a project are allowed if the amendment does not change the aim of the project.
51. the Agency checks the company submitted the final report, examine the pre-payment and prepare a decision on payment of the commercial public.
52. the Agency paid to the agreement on the implementation of the project the specific amount of aid. The Agency may proportionately reduce the amount of the aid in such cases: 52.1. the actual use of the funds is less than that provided for in the project application;
52.2. not implemented in any of the activities provided for in the contract;
52.3. financial resources have been submitted in formal use.
53. the Agency shall have the right to the final report of the evaluation, as well as by making a payment request from the beneficiary's additional information.
7. concluding issues 54. As of the date of acceptance of the application of projects are initiated in accordance with these rules, the Agency will stop accepting submissions of projects in accordance with Cabinet of Ministers September 21, 2004 No. 796 of the provisions of the "rules on the provision of business support and project application and aid modalities" 3.2. Subdivision.
55. These provisions do not apply to the submission of projects submitted to the project submission acceptance termination pursuant to this provision, paragraph 54, and for which no decision is taken on the draft approval or rejection of the application. This project is the evaluation of the application of the applicable Cabinet 21 September 2004, Regulation No 796 "rules for business support projects and conditions of application and procedures for granting of the aid ' (paragraph 6, bottom section 3.2, paragraph 2 of annex 2, 3.2, 3.3, 3.4, 4.2, 4.3, 4.4, 9.2, 9.3 and 9.4.).
56. the provisions in force until 31 December 2008.
Prime Minister-Minister of health l. Smith, economic Minister A.r. Kariņš Editorial Note: the entry into force of the provisions by 16 February 2006.
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