Decision of 7 June 1994, laying down rules on the granting of grants to support marine navigation in 1994
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of our Minister of Economic Affairs of 8 April 1994, No WJA/JZ 94024689;
Having regard to Article 2 of the Framework Law, financial resources EZ and Directive No 90 /684/EEC of the Council of the European Communities of 21 December 1990 on aid to shipbuilding ( PbEG L 380), as last amended by: Directive No 93 /115/EC of the Council of the European Communities of 16 December 1993 ( PbEG L 326);
The Council of State heard (opinion delivered on 24 May 1994, No W10.94.0211);
Having regard to the further report of our Minister of 27 May 1994, No WJA/JZ 94040625;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. the contract price: the price agreed between the contractor and the contractor for the contract for the construction of a marine vessel or a part thereof, including set posts to the extent that the contract has fixed or estimated amounts; included and excluding any turnover taxes, if any;
(b) the final price: the amount due to the contractor in connection with the construction of a seagoing vessel or part of it, with the exception of any turnover tax due;
c. Entrepreneur: a natural person or a legal person, other than a legal person established under public law, which maintains a company in which seagoing ships are built.
2 When applying provisions in this Decision which are spoken of on the final price, if the final price has not yet been established, the contract price shall be taken into account.
1 In this Decision and the provisions based thereon, a vessel means the following ships with a metal casco and a final price of not less than € 1,815,120,86:
a. A merchant vessel, intended for the carriage of passengers or goods, with a gross tonnage of at least 100;
b. dredging materials or other vessels for work at sea, of a gross tonnage of at least 100;
c. A tug boat with a propulsion power of at least 365 kW;
d. a fishing vessel, with a gross tonnage of at least 100;
e. a ferry intended for the maintenance of a ferry service on the Wadden Sea or the Westerschelde, with a gross tonnage of at least 100.
2 A ship as referred to in the first paragraph, A , B , C and Ed , for the purposes of this Decision, if a certificate of validity or equivalent certificate of validity or certificate of validity has been issued for:
a. At least the area 15 as referred to in the Notice to Shipping of 7 September 1989, no. 249/1989 or
(b) at least the vessel II referred to in the Notice to the Sea Sea of 24 July 1989, no. 5/1989.
1 Our Minister, upon application, provides a grant to an economic operator on a contract for construction in the Netherlands of a seagoing vessel, issued to him in the year in which he was last given a budget as for the purpose of Article 5 be established or the calendar year preceding it.
2 Under a contract as referred to in paragraph 1, the following shall not be understood:
(a) a contract of a legal person established under public law or by a private legal person to whom, directly or indirectly, more than half of the subscribed capital is provided by a legal person acting under the conditions of a legal person who is a legal person. Public law is set and
b. Subcontracting of work.
Our Minister, by means of ministerial regulations, lays down each financial year a subsidy ceiling for the grant of grants under this Decision during that year.
1 Our Minister distributes the available amount by applying for an entrepreneur an annual budget on request, which can be awarded to the entrepreneur subsidy.
2 For the purpose of determining a budget, persons who are not subject to a payment of payment at the time of the application or a declaration of bankruptcy or to the application of the application of the budget shall be eligible for the budget. debt restructuring scheme natural persons shall be in court and that in at least one of the five calendar years preceding the year preceding the year to which the application relates, the value of the production shall be as referred to in Article 10. to have achieved the fourth member:
a. to execute a ship-building contract in the Netherlands as a prime contractor, unless the sea ship is 90 percent or more constructed by one or more subcontractors; or
b. to carry out a contract for the construction of a seagoing vessel as a subcontractor in the Netherlands for the construction of a vessel at least 90%.
The budget is a part of the budget Article 4 available amount, which is proportional to the proportion of the applicant ' s average weighted production value in the total average weighted production values of all, which have submitted an application for establishment of a budget and that meet to the second member.
4 'Production value' means: Article 377, third paragraph, introductory wording and A and B , from Book 2 of the Civil Code Determined amount:
(a) for the construction of seagoing vessels in the Netherlands as a prime contractor, unless the sea ship is 90% or more constructed by one or more subcontractors; and
b. To carry out works contracts for the construction of seagoing ships or parts of them to be built in the Netherlands as subcontractors in the Netherlands.
5 The weighted production value of an applicant shall be determined by the production value for each of the contracts under the control of each of the three calendar years preceding the year preceding the year to which the application relates; where realized in that calendar year, multiplying by a percentage. This percentage is dependent on the final price of the relevant contract and corresponds to the corresponding Article 11 fixed percentages, except that for contracts with an end price of less than € 1,815,120,86, the percentage of 4,5 applies. The results of these multiplications, adjusted to each other, shall be the weighted production value for that calendar year.
6 The average weighted production value of an applicant is the average of the weighted production values, which he has achieved in the two of the three calendar years mentioned in the fifth paragraph, in which he has the highest weighted production values. realized.
1 An application for the adoption of a budget shall be submitted before a date fixed by our Minister under ministerial order.
2 The application shall be submitted using the original of a signed form, which shall be established by Our Minister. Our Minister may grant exemption from any ministerial order of this kind.
Our Minister gives a decision on applications for the adoption of a budget within 4 weeks of the end of the Article 6, first paragraph , set date.
1 Our Minister shall decide, by 1 November of the calendar year on which the budgets are concerned, to make available to the parties concerned the budgets of the budgets for that year.
2 After a decision has been taken by our Minister, including the pooling of budgets, this merger shall apply until the end of the calendar year concerned. The failure to state whether it was declared to be applicable to the debt restructuring scheme of natural persons on a data subject, the budget of which is combined with the budget of one or more others, has no effect on the combined budget.
The amount of the grant shall be an amount in euro equivalent to a percentage to be fixed by our Minister under ministerial arrangement, of a part of the final price to be determined by the applicant. This percentage may be different for contracts with different end prices, for seagoing ships of different gross tonnage and for different, in Article 2, first paragraph , different categories of seagoing vessels.
An application for grant is made before a date fixed by our Minister under ministerial order in the financial year for which our Minister was last on the basis of Article 4 has established a subsidy ceiling.
An application for subsidy shall be made using the original of a signed form, which shall be established by Our Minister. Our Minister may grant exemption from any ministerial order of this kind.
Our Minister shall make a decision on an application for a decision within 13 weeks of receipt of the application. If the decision cannot be given within thirteen weeks, the Minister shall inform the applicant accordingly and give a reasonable period of time to which the decision may be addressed.
In any case, our Minister shall reject an application:
a. if, at the time of the decision, no budget was established as intended for the benefit of the applicant for the benefit of the applicant Article 5 ;
b. as such budget has been exhausted by previous grant commitments;
(c) as far as the contract is already under a grant under this Decision or the 1991 programme for the financing of marine activities.
1 The subsidy recipient carries out the contract for at least 80 percent in the Netherlands and transfers the seagoing ship to the client within three years from the day on which the contract was issued, subject to prior written waiver from Our Minister.
2 Our Minister may commit to a waiver provided for in paragraph 1.
1 The grant recipient shall submit to our Minister his application for the grant of aid within 13 weeks from the date on which the vessel was transferred to the client by the transfer protocol or an equivalent document from the vessel.
2 The application shall be submitted using the original of a signed form, the model of which shall be established by Our Minister. Our Minister may grant exemption from any ministerial order of this kind.
1 The grant-recipient shall carry out an administration which has been arranged so as to be able to read at any time the contract price, the final price and the amounts due for the under-payment of work in a simple and clear manner.
2 The grant recipient shall immediately inform Our Minister of the submission to the court of a request for the application of the debt restructuring scheme to him, for the purposes of the payment of the payment of a payment of a payment to him or to a declaration of bankruptcy of him.
1 Advances may be made only after the date of the keel or an equivalent stage of construction, at the request of the grant recipient by our Minister, on a grant in respect of which a decision on the granting of the grant is applicable.
2 The amount of the advance is 80% of the maximum amount of the subsidy referred to in the grant of the grant.
An application shall be made using the original of a signed form, the model of which shall be established by Our Minister. Our Minister may grant exemption from any ministerial order of this kind.
In any event, our Minister may be dismissive of an application if the grant recipient has failed to fulfil his obligations under the grant loan.
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. If the decision cannot be given within thirteen weeks, our Minister shall inform the recipient of the decision and call it a reasonable period of time in which the decision may be taken into account.
The 1991 subsidy scheme is hereby repealed, with the exception of those related to that scheme. Annex 1 and, except that it shall continue to apply to applications for subsidy submitted before the date of entry into force of this Decision.
This Decision shall enter into force from the day following the date of issue of the State Sheet where it is placed.
This decision is cited as: Decision grants for maritime trade in 1994.
Liabilities and orders, that this Decision, together with the accompanying note of explanatory notes in the State Sheet will be placed.
' s-Gravenhage, 7 June 1994
The Minister for Economic Affairs,
J. E. AndriessenPublished on the 21st of June 1994
The Minister of Justice,