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National And Eu Aid Modalities "support Measures For The Creation And Development Of The Company (Including Non-Agricultural Diversification Of Activities)" Sub "energy Production From Agricultural And Forestry Origin

Original Language Title: Valsts un Eiropas Savienības atbalsta piešķiršanas kārtība pasākuma "Atbalsts uzņēmumu radīšanai un attīstībai (ietverot ar lauksaimniecību nesaistītu darbību dažādošanu)" apakšpasākumam "Enerģijas ražošana no lauksaimnieciskas un mežsaimnieciskas izcelsm

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Cabinet of Ministers Regulations No. 268 in Riga, 16 March 2010 (pr. No 14 42) at national and European Union aid modalities "support measures for the creation and development of the company (including non-agricultural diversification of activities)" Sub "energy production from agricultural and forestry biomass originating" Issued under the agricultural and rural development Act article 5, fourth paragraph i. General questions 1. determines the order in which the State and the European Union's support for the measure "support for business creation and development (including non-agricultural diversification of activities)" Sub "energy production from agricultural and forestry biomass originating" (sub).
2. project submissions are evaluated and selected, the decision shall be taken and notified as well as support for the request in accordance with the laws and regulations on the procedures for granting state aid in the European Union and the development of the fisheries field.
3. the Sub-action aims to support merchants that provide energy production from agricultural or forestry biomass originating in, intending to sell the biogas cogeneration electricity produced form. With the biogas anaerobic fermentation understands the process for gas.
4. the site is under the entire territory of Latvia, except Republican city and County territorial units-cities that have more than 5000 inhabitants. Population is determined by the Central Administration of statistics data for the population of Latvia's administrative territories in accordance with the latest State statistical observations.
5. the applicant is: 5.1 the merchant, which produced the Treaty on the functioning of the European Union annex I agricultural and forestry products;
5.2. a corporation that is a member of this provision the operator referred to in point 5.1, or agricultural service cooperative society, which according to the legislation on cooperatives of the eligibility criteria has been determined to be relevant to the agricultural cooperatives, the members of which produce the Treaty on the functioning of the European Union annex I agricultural and forestry production, and which owns not less than 51 percent of the total amount of shares of the Corporation.
6. The aid measures do not qualify: 6.1 the merchant that the recovery order in accordance with the European Commission decision declaring an aid illegal and incompatible with the common market;
6.2. the difficulty of operating status for whom economic performer whose losses exceed half of the share capital and the last 12 months before the date of submission of the application for the project – a quarter of the share capital;
6.3. the merchants who by decision of the Court has been declared bankrupt (including the rehabilitation process is located, or in the legal protection process), which the economic activity is terminated or is in accordance with the commercial register of the information available is in the process of liquidation.
7. This provision conditions referred to in point 6.2 shall not apply to small (micro), small and medium-sized economic operators before the application date of the project are not yet three years from their registration.
8. the Sub-measure eligible investment in material and immaterial assets after the application Field of the project support services, if these are intended to create new or extend existing plant, diversify production to new products or significant change in the production process of an existing establishment. Material assets are eligible for investment in new equipment and in construction (including reconstruction) in order to ensure the production of energy from agricultural and forestry biomass originating. Intangible assets are eligible to purchase the right to patent rights and licenses. Companies that meet the Commission's august 6, 2008, Regulation (EC) No 800/2008, which recognize certain categories of aid compatible with the common market in application of articles 87 and 88. (General block exemption regulation) (hereinafter referred to as Regulation (EC) No 800/2008), the criteria referred to in annex I, are eligible for counseling service costs directly linked to the achievement of the objective of the project.
9. the applicant shall comply with the following public funding conditions: 9.1 the project reaches the appropriate target under;
9.2. meet at least one of the following: 9.2.1. creating new jobs;
9.2.2. maintain existing jobs;
9.3. developing and expanding its business operations;
9.4. the investment complies with the relevant European Community standards. Compliance with these standards attest to the European Community or the certificate of conformity of the manufacturer or of his authorised representative, issued a declaration of conformity, the content and form of which shall comply with the relevant laws and regulations;
9.5. in the application of the project demonstrates economic viability under these rules 11, 12 and 13 listed in point requirements;
9.6. at least 50 percent of the total raw materials for energy production could provide the same farm, producing the Treaty on the functioning of the European Union annex I agricultural and forestry products;
9.7. the project monitoring is sold at least 51 percent of electricity produced using this sub-action to support.
10. supports the applicant shall prepare a business plan for at least three years. The business plan shall include information on: 10.1. current activities of authorised economic operator;
10.2. operator's management system;
10.3. the planned activities;
10.4. a description of the production technology, plant matter, planned capacity and the required calculation of raw materials, including information about this rule referred to in paragraph 9.6. conditional execution and energy, as well as the management process of the digestate, specifying the amount and use of technology;
10.5. specific objectives and activities;
10.6. the implementation of the activities and objectives of the timetable;
10.7. the necessary investment;
10.8. market research and industry analysis;
10.9. the competition;
10.10. the accounts receivable system (electricity, heat, marketing);
10.11. the holding of the strengths and weaknesses, opportunities, and threats analysis;
10.12. the holding of activities financial analysis and cash flow;
10.13. other rural development programmes and national aid measures required for the attainment of the objectives and the development of the farm (such as training, consulting).
11. This provision 5.1. aid referred to by the applicant prove their economic viability in the last year before the conclusion of the project to the application. The economic viability of the meet two of the following indicators: 11.1. equity/total assets ≥ 0.20;
11.2. current assets/short-term liabilities ≥ 1.00 (short-term creditors be deleted short-term deferred revenues and the State financial support of the European Union);
11.3. net profit + depreciation x ≥ 0.12 50 percent. This provision 5.1. aid referred to by the applicant prove their economic viability in the years after the implementation of the project, and the economic viability of all these provisions comply with paragraph 11 of these indicators, as well as an increase of at least one of the indicators of the economic viability of 0.05 in comparison with the last year before the project entered into the application.
13. This rule 5.2. aid referred to in the applicant's economic viability is positive cash flow of the project in the year of application, as well as in all the years of implementation and a year after the implementation of the project, but not less than three consecutive years. Cash flow cash balance at the end of each month must be positive. Application of the project contains the project's cash flow in the year of application, in all the years of implementation and in the implementation of the project of the year attest to the ability to implement and achieve the project objectives.
14. To apply for aid, aid the applicant personally or an electronic document in the form of electronic documents in accordance with the law shall be the rural support service: project submission 14.1 (annex 1) in duplicate (if submitted in paper form), the business plan (including electronically) and supports the applicant's statement in accordance with the laws and regulations on the procedures for granting state aid in the European Union for the development of the rural and fisheries;
14.2. the Declaration in accordance with the laws and regulations of the company declaration procedure pursuant to the small (tiny), or the average of the company;
14.3. the provisions referred to in point 5.1 of the applicant-State revenue service certificate of tax payment and the average number of employees working in the company for the past two years the report separately over the years (the certificate must be issued no earlier than one month prior to the application of the project). If the applicant does not submit this certificate, the rural support service receives it during the administrative procedure and in accordance with the procedure prescribed by law;
14.4. the provisions referred to in 5.1 support-the annual report of the applicant (full set) for the last year before the conclusion of the project submission (copy (the original show)) in accordance with the annual accounts Act;

14.5. the applicant, in accordance with the annual accounts Act did not provide annual accounts, the annual income declaration "revenue from operating activities" for the last year before the conclusion of the project submission (copy (the original show)) in accordance with the laws and regulations of people's annual income statement;
14.6. the land registry Department of the shore type issued (if submitted in paper form, the copies (the original show)) or the land registry certificate of real estate (if submitted in paper form, the copies (the original show)), or a long term lease agreement registered in the land registry for a minimum of seven years from the date of submission of the application (if submitted in paper form, the copies (the original show)), of the real estate in which to implement the project;
14.7. the electricity system operator's opinion on technical ability to pick up the electricity produced in the system, which is intended to connect the increased or new power generation capacity in accordance with the legislation on permits power generation capacity, or the introduction of new production equipment;
14.8. to qualify for financing for new construction or reconstruction, in conjunction with the project application submitted to accept additional projects (technical design stage) and estimate (if submitted in paper form, the copy);
9.3. the documents submitted together with the application for the project or within three months after the rural support service of the decision on the approval of the project application: 14.9.1. procurement procedures supporting documents in accordance with the laws and regulations on the application of the procurement procedure. If the procurement procedure of the supporting documents shall be submitted within three months following the rural support service of the decision on the application for the approval of the project, the project can be started only after the evaluation of the procurement procedure and the approval of the Field support service. Field support services procurement procedure shall examine and approve the month following receipt of the supporting documents;
14.9.2. construction permit (if submitted in paper form) copy (the original show);
14.9.3. the credit institution's irrevocable statement of the credit allocation (annex 2), where the project will take credit. Statement submitted with the project application or one month after the rural support service of the decision on the granting of aid. If the project supports the tenderer intends to invest private or any other money funds, it submitted to the credit institution for its own financial funds for the implementation of the project, which shows that the financial resources are accrued on deposit or in the mērķkrājkont period, not less than three months from the date of submission of the project Field support services;
14.9.4. the planned production capacity of supporting technical documentation, taking into account the results of the purchase. The application of the project eligible costs increase is prohibited.
15. project submissions are ranked after project selection criteria (annex 3). 3. the criteria referred to in the Group animal units determine using this Annex provisions. To this rule 5.2. aid referred to an applicant subject to animal units that belong to this provision to the economic operators referred to in point 5.1, or the agricultural service cooperative society members, which according to the legislation on cooperatives of the eligibility criteria has been determined eligible agricultural cooperatives and producing the Treaty on the functioning of the European Union annex I agricultural and forestry production. If the selection of the projects are equal, priority for public funding is supporting the applicant that, in implementing the project, made the investment in the territories of the municipalities with less development index according to the legislation on territorial development index and calculation of value.
II. Public funding, and about 16. This provision referred to in paragraph 8 the eligible investment aid intensity is 40% of the total amount of the eligible cost.
17. the programming period the total amount of the eligible cost per support applicants shall not exceed 4 000 000 lats. The total amount of eligible costs are determined by the capacity of the production units and assuming that investment to one kilowatt of electricity not exceeding 3 000 lats for a capacity of up to 500 and 2 500 Lats per kilowatt capacity exceeding 500 kilowatts. The plant capacity is determined by the power plants as a valid parallel work with the system (in accordance with the rules of connection of the system to power producers). Total eligible cost calculated for the smallest specified electricity production capacity.
18. the beneficiary must provide a financial contribution of at least 25 percent of the eligible costs, using his own resources or external funding in a way that is not related to any commercial support.
19. If a project for new construction or reconstruction costs exceed the maximum eligible costs, the cost difference shall be borne by the beneficiary.
20. If energy production using biogas for the beneficiary after fermentation equipment commissioning before installed cogeneration equipment can get interim payments of no more than 60 percent of the allocated public funding, giving it to the expense documents.
21. Support for the Sub is not combined with other public funding support programs or individual aid projects (including the de minimis aid) in respect of the same eligible expenditure of the project regardless of whether public funds are provided by local, regional, national or European Union financial means exceed this rules set out in paragraph 16 of the aid intensity ceilings. Beneficiaries who have received venture capital financing in the form of a contribution, in accordance with these rules of the permissible total funding amount shall be reduced by 20 percent, exceeding the amount received venture capital investment. These conditions apply three years after the granting of risk capital.
III. Eligible and ineligible costs eligible costs 22 the costs of tangible assets (buildings, equipment or machinery) and intangible assets (patent rights and licenses) that are part of an initial investment project.
23. The eligible costs associated with renewable energy production, if they do not exceed 30 percent of the total eligible costs and is an integral part of the project is cost: 23.1. a new administrative building and reconstruction of the premises;
23.2. guarding and passes the room installation, burglar alarm (including CCTV) system installation;
23.3. the installation of the utility room if it is explained the functional and the need for the implementation of project activities;
23.4. the staff room installation;
14.6. regional planning (territory or other pavement asphalt paving decking, lawn installation, external lighting installation and construction of the fence).
24. assets Acquired, which forms part of the initial investment of the project must be new.
25. in all cases the corresponding intangible assets are subject to the following conditions: 25.1. they should only be used in the establishment receiving the regional aid;
25.2. they must be regarded as amortisable assets;
25.3. they must be purchased from third parties under market conditions;
25.4. these should be included in the assets of the company at least five years and must be kept in the establishment receiving the regional aid, without changing its location.
26. expenditure on the acquisition of patents and licences (related intangible assets) are attributable to no more than 40 percent of the actual cost of the project, up to four percent of the project's total eligible investment costs of Regulation (EC) No 800/2008 article 2 referred to in paragraph 8 of the economic operators and eight percent of the project's total eligible investment expenditure for the economic operators which comply with Regulation (EC) No 800/2008 referred to in annex I.
27. the economic operators which comply with Regulation (EC) No 800/2008 referred to in annex I criteria, the cost of research and consulting in relation with the investment project is included in the relevant publications. Research and consultation costs that are directly related to the implementation of the investment project and incurred after the entry into force of these regulations, apply no more 40 percent of the actual cost of the project, up to eight percent of the total investment of the project expenditure.
28. If the applicant does not provide public funding for installation, it is to be installed and put into service according to the regulations for installation and use procedures. Public funding of these facilities only receive after their commissioning and supporting documents of the Field support service.

29. The maximum eligible costs public financing statement includes all the object construction-related costs (including external and internal plumbing, internal and external sewerage, internal and external power supply and connection costs distribution grids, ventilation and heating systems, as well as biomass storage space costs).
30. the construction plan is only Applicable to those positions and building materials, which are directly linked to the achievement of the objective of the Sub-measure.
31. the following sub ineligible costs: 31.1. interest payments, money transfers, Currency Exchange Commission payments and exchange rate losses;
31.2. fines, penalties, interest on arrears and costs;
31.3. the subcontracting of certain costs, which increase the cost of the project, but does not add to the value of the project, as well as the fee for subcontracting in the percentage of the total cost of the project;
19.5. the costs associated with the supply of any services or work for which there is no appropriate procurement procedures carried out in accordance with the laws and regulations on the application of the procurement procedure;
31.5. the existing maintenance costs, maintenance, spare parts and operating costs;
19.6. the remuneration of personnel;
19.7. investments in agricultural production intended for the production of equipment, the acquisition of machinery and equipment;
19.8. the costs in excess of the market price, and the unfinished work;
19.8. the costs relating to investment, in order to prepare the raw material used in the production of energy;
31.10. other costs that are not eligible under the European Council of 20 September 2005 Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD) and the European Commission of 15 December 2006, Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD);
31.11. cost of the boilers, which main activity is the production of heat, intended for sale to the centralized heating networks;
31.12. costs for the CHP, which is not a biogas CHP.
32. The final payment request, the beneficiary shall submit the rural support service after plant commissioning (with plant commissioning in these regulations refers to the machine running and testing) and the conclusion of the contract with the electricity system operator for power sales. After the implementation of the project, the beneficiary rural support service together with the final payment request submitted by: 32.1. authorization for connection to the power system (in accordance with the rules of connection of the system to power producers);
32.2. authorisation of category (A) or (B) the activity of a pollutant or pollutant activities in category C certificate (copy (the original show)), where such authorization or certificate is required under the laws and regulations on pollution;
32.3. authorisation for the introduction of new production facilities in accordance with the legislation on permits power generation capacity, or the introduction of new production equipment;
32.4. the contract with the electricity system operator of energy sale (copy (the original show));
32.5. the report on the results of the implementation of the project "support of the EAFRD measures for the creation and development of the company (including non-agricultural diversification of activities)" Sub "energy production from agricultural and forestry biomass originating" (code 312 (311)) (annex 5) and the report on the beneficiary of the economic indicators of the EAFRD measures "support for business creation and development (including non-agricultural diversification of activities)" Sub "energy production from agricultural and forestry biomass originating" (code 312 (311)) (annex 6).
33. the beneficiary for five years, starting with the next year after the implementation of the project, each year up to 30 April of the Field support service submitted a report on the beneficiaries of the economic indicators of the EAFRD measures "support for business creation and development (including non-agricultural diversification of activities)" Sub "energy production from agricultural and forestry biomass originating" (code 312 (311)) (annex 6), for the previous calendar year.
34. the project monitoring during the five years following the last payment, the beneficiary of the aid comply with the following conditions: 34.1. it is prohibited to change the location of the project;
21.3. the specific contribution remains the property of the beneficiary;
3. investment in intangible assets considered depreciable, purchased from third parties under market conditions, includes the assets of the legal person and the use and remain in the establishment receiving the regional aid.
 IV. Closing questions 35. Be declared unenforceable in the Cabinet august 25 2008. Regulation No 696 "rules on national and EU aid modalities of action," support for business creation and development (including non-agricultural diversification of activities) "Sub" energy production from agricultural and forestry biomass originating in "" (Latvian journal, 2008, no. 140).
36. project submissions submitted to the Field support services before the date of entry into force of the provisions, shall be administered in accordance with the laws in force at the date of the project.
Prime Minister v. dombrovsky Minister of Agriculture j. Dūklav of the Ministry of Agriculture presented version of annex 1 of the Cabinet of Ministers of 16 March 2010. the Regulation No. 268 of Agriculture Minister j. Dūklav annex 2 Cabinet of 16 March 2010. Regulations No 268 credit inquiries about granting the Minister of Agriculture j. Dūklav in annex 3 of the Cabinet of Ministers of 16 March 2010. Regulations No 268 project selection criteria, no PO box
A group of criteria the maximum number of points in a group criterion criterion point number 1.
The project supports the applicant 20 vieta1 implement the project area with the development of the index below zero to 20 other projects 0 2.
Accepted 20 aid būvprojekts2 logged in accepted projects 20 0 3 other projects.
Support the applicant's ownership of the livestock, which corresponds to 70 animal vienībām3 25 is the property of the beneficiary is not a beneficiary of property 25 0 notes.
1 Area development index determined in accordance with the laws of the territory development index and calculation of value.
2 in accordance with General provisions.
3 units of animals determined in accordance with the Cabinet of 16 March 2010 No. 268 of the provisions of the "national and EU aid modalities" support measures for the creation and development of the company (including non-agricultural diversification of activities) "Sub" energy production from agricultural and forestry biomass originating in "annex 4".
Minister of agriculture j. Dūklav in annex 4 of the Cabinet of Ministers of 16 March 2010. Regulations No 268 animal unit no PO box
Farm animal species and age of the animal unit (1) Group 1.
Dairy cows 0.70 2.
Young (up to 6 months) 0.20 3.
"Baby beef" (from 6 to 12 months) 0.35 4.
Breeding heifers (12 months) 5 0.50.
Meat of bovine animals (from 6 to 12 months) 0.50 6.
Breeding bulls (12 months) 0.60 7.
Fattening pigs (30-100 kg) 0.03 8.
Nursing sows with piglets 0.25 9.
The piglets weaned (7,5-30 kg) 0.007 10.
Goats (with kids), sheep (Lamb) 0.09 11.
Horses older than 6 months, or Mare (foal) 0.40 12.
Broilers 0.0004 13.
Laying hens 0.006 14.
Turkeys, geese 0.06 15.
Rabbits 0.024 16.
Ostrich 0.11 17.
Fur animals 0.05 18.
Small fur animals (e.g. mink) 0.018 note. 1 animal unit calculated on the animal unit assuming a notional animal that produces 100 kg per year of nitrogen kūtsmēslo to storage.
Minister of agriculture j. Dūklav in annex 5 Cabinet of 16 March 2010. Regulations No 268 overview of the results of the implementation of the project "support of the EAFRD measures for the creation and development of the company (including non-agricultural diversification of activities)" Sub "energy production from agriculture and forestry biomass origin" (code 312 (311)) the Minister of Agriculture j. Dūklav in annex 6 of the Cabinet of Ministers of 16 March 2010. Regulations No 268 overview of beneficiary of the economic indicators of the EAFRD measures "support for business creation and development (including non-agricultural diversification of activities)" Sub "power manufacture of agricultural and forestry biomass origin "(code 312 (311)) the Minister of Agriculture j. Dūklav in