Key Benefits:
Decision of 26 November 2004 laying down rules on the granting of grants for the restructuring of business areas of importance for the spatially economic main structure (Decision grants Restructuring Projects business areas)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Economic Affairs of 13 July 2004, No WJZ 4044959;
Having regard to Article 3, first to fourth paragraph, of the EZ-subsidy framework law ;
The Council of State heard (opinion delivered on 21 September 2004, No W10.04.0350/II);
Having regard to the further report of the State Secretary for Economic Affairs of 23 November 2004, No WJZ 4070645;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. project: a coherent set of activities aimed at improving the locational environment on an existing business area;
b. public body: body as intended in Article 8, first paragraph, of the Act on common rules ;
c. collaborative: a non-legal status of two or more municipalities, provinces or public entities;
d. business area: a spatial contiguous or functionally linked land which is intended and suitable for use by trade, industry, commercial and non-commercial facilities and industry, including It is understood that an area is intended for offices, retail or catering facilities.
1 Our Minister, upon application, provides a grant for a project to a province, a municipality, a public body or a partnership.
2 If the applicants are participants in a partnership, the grant shall be provided to the participants jointly and paid to the participant who has acted as the applicant for the grant.
3 No grant shall be granted:
a. If the area of the business area on which the project takes place is less than 150 hectares;
(b) where the business area is predominantly intended for the establishment of local activity;
(c) if the business area allows only the establishment of holdings under a category less than environmental category 4, as set out in the "Companies and Environmental zoning" brochure, of the Association of Dutch Municipalities;
If the project has already been awarded by our Minister for the purpose of the project under this Decision, it has already been granted by the Minister for the Decision Stimulating space for economic activity , the Decision Investment Programme Tender 2000 Provinces or the Decision grants urban economy GSB III;
e. if the project is limited to regular and overdue maintenance.
f. to the extent that the business area loses its destination of business premises;
g. if it is found that the grant of subsidy leads to State aid within the meaning of Article 87 of the EC Treaty.
1 The subsidy amounts to 50% of the cost of the project, less the market yield, third party contributions and the subsidies of other administrative bodies and the European Commission.
2 The grant is no more than an amount to be determined by ministerial arrangement.
3 Our Minister may derogate from the second member, if the project has a crucial added value in achieving the final goal set out in the master plan, which is realised in the business area.
4 As project costs are taken into account only all the necessary, necessary, directly attributable to the project, after the submission of the application by the grant-recipient incurred and paid costs.
5 As yield is taken into account the proceeds from the issuance, rental and leasing of land and the proceeds from the rental and sale of buildings.
6 In the event that buildings or land have not yet been sold, leased or rented at the time of grant notice, the expected returns shall be made at the latest three months prior to the time of filing the application. the grant of the subsidy to the subsidy by an independent appraiser.
In the case of ministerial arrangements, each financial year lays down a subsidy ceiling for the grant of grants under this Decision during that year.
1 An application for subsidy shall be made using the original of a signed form, which shall be determined by ministerial arrangement.
2 The application shall be accompanied by a master plan, a project plan, a report showing eligibility and utilisation and a project budget, as well as other documents, in accordance with what is stated in the form.
3 If the application concerns a project carried out by a grouping, one of the participants in the grouping shall submit the application on behalf of the other participants and the application shall be accompanied by the agreement in which the project is cooperation between the participants in the grouping shall be regulated in accordance with what is stated in the form.
1 Our Minister distributes the amount available in the order of receipt of applications, it being understood that if an applicant has not complied with any legal requirement for the application and application of the application, Article 4: 5 of the General Administrative Law Act has had the opportunity to supplement the application, the day on which the application complies with the legal requirements as the date of receipt.
2 Our Minister shall give a decision within thirteen weeks of receipt of the application.
1 If grant is granted for a project carried out by a grouping, the decision on the grant of grant shall state an estimate of the project costs per participant in the grouping.
2 Each participant in the grouping shall be liable up to the amount calculated for the project cost estimated for him, up to the maximum amount for which it is estimated, for repayment of the subsidy, to the extent that the grant recipients are required to do so.
1 Our Minister decides to reject an application:
a. if the application does not comply with this Decision;
b. if it is insufficiently credible that the project can be caught within 12 months of the grant of the grant;
(c) if it is insufficiently plausible that the project can be completed within six and a half years of the grant of the grant;
d. if it is plausible that the project would be carried out without any significant delay, even without a grant;
e. if there is insufficient confidence in the feasibility of the project;
f. if, in the year in which the application is submitted, a grant has already been granted under this Decision for the purposes of the business area, to which the project relates;
g. to the extent that the project relates to the business area covered by the project, € 7 500 000 has already been granted under this Decision.
2 Our Minister may decide dismissive on an application if:
a. the project does not provide space for activities where, according to a regional analysis of supply and demand for business areas, the project needs to be done;
b. the project creates a conflict with the causative principle established in the Space Space;
c. shows that there has been no exploration of other funding and eligibility options and no application has been made for relevant grant instruments of other administrative bodies and the European Commission;
(d) it is insufficiently likely that the project can rely on support within the region in which the business is situated, and among the entrepreneurs established in the business area;
(e) the master plan does not sufficiently demonstrate that the improvement of the business environment in the business area is permanent;
f. the master plan does not sufficiently demonstrate that attention is being paid to crime prevention in the business area;
g. the project does not contribute adequately to the solution of the main bottlenecks, which are reflected in the master plan.
1 The grant recipient shall implement the project in accordance with the project plan to which the grant of the grant relates and complete the latest on the time at issue, subject to a prior written waiver from Our Minister for slowing down, changing it essential or discontinuing the project.
2 The grant recipient carries out the project in the Netherlands, subject to prior written waiver by Our Minister for partial execution outside the Netherlands.
3 Provisions may be attached to a derogation as referred to in the first or second paragraph.
The grant recipient shall carry out an administration which shall be so arranged that all project proceeds can be read out at all times and in a straightforward and clear manner all project costs and all project costs, specified in accordance with the rules in the project plan included cost types.
The grant recipient, who has acted as the applicant, shall report to our Minister on the implementation of the project in writing at the end of a period of 12 months, including a comparison of the project. implementation of the project plan and the estimate of the project costs and project proceeds as indicated in the grant.
1 An advance may be granted by Our Minister only on an annual basis on request from the grant recipient on a grant in respect of which a decision on the granting of the grant is applicable.
2 An advance payment shall be calculated in proportion to the project costs incurred and paid, plus the expected payments resulting from the commitments entered into and the commitments to be made in the year following the date of the submission of the project. member of the Member State concerned, to the extent that these costs and payments have not previously been taken into account in the provision of an advance.
3 The total amount of advances granted shall not exceed 90% of the maximum subsidy amount specified in the grant.
4 If the application concerns a project which is carried out by a grouping, the participant in the grouping which has acted as the applicant for subsidy within the meaning of this scheme must co- other participants.
5 The application shall be made using the original of a signed form, which shall be adopted by ministerial arrangement.
Our Minister may be dismissive of an application for an advance if the subsidy recipient has not fulfilled the obligations imposed on him under the grant.
The grant recipient requests a grant statement by providing accountability information to Our Minister, in the manner provided by the Minister. Article 27 of the 2001 financial relations decision .
Our Minister shall give the decision on the grant of aid within 13 weeks of receipt of the application or after the expiry of the time limit for its application.
The Decision Investment Programme Tender 2000 Provinces shall be repealed with the exception that it shall continue to apply to grants issued pursuant to that Decision.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is cited as: Decision grants Grants Top projects restructuring business gardens.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 26 November 2004
Beatrix
The Secretary of State for Economic Affairs,
C. E. G. of Gennip
Published on the 14th December 2004The Minister of Justice,
J. P. H. Donner
