Key Benefits:
Decision of 11 February 2015, laying down rules on the granting of grants by the Minister for Infrastructure and the Environment (Framework Decision Grants I and M)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Infrastructure and the Environment of 8 July 2014, no. IenM/BSK-2014/135720, Chief Executive of Administrative and Legal Affairs;
Having regard to the Articles 4, first and second members , and 5 of the Framework Law Grants I and M ;
Hearing the Council of State's opinion (opinion of 4 September 2014, no.W14.14.0233IV);
Having regard to the further report by Our Minister of Infrastructure and the Environment of 9 February 2015, No IenM/BSK-2015/22855, Principal Directorate of Administrative and Legal Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
applicant: natural or legal person applying for a subsidy under a ministerial arrangement as referred to in Article 2 ;
General block exemption regulation: Regulation (EU) No Commission Regulation (EC) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market pursuant to Articles 107 and 108 of the Treaty ('General Block Exemption ') (PbEU 26.6.2014, L187/ 1), or later in place in the place of European regulation;
De minimis Regulation: Regulation (EU) No Commission Regulation (EC) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (PbEU L352/ 1), or later in the place of European Union, to the European Union regulation;
Regulation (EU) No Commission Regulation (EC) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fisheries and aquaculture sector (PbEU 28.6.2014, L190), Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union 702/2014 of the Commission of the European Communities of 25 June 2014 providing for certain categories of aid in the agriculture and forestry sector and in rural areas under Articles 2017 and 108 of the Treaty on the Functioning of the European Union The European Union shall be declared compatible with the internal market (PbEU 1.7.2014, L193) or later in the place of European legislation;
European support framework: a communication, guideline, framework, decision or exemption regulation in the field of State aid which the European Commission, having regard to Articles 106, third paragraph, 107 and 108 of the Treaty on the Functioning of the European Union (TFEU) identified;
entrepreneur: a natural person or a legal person who maintains an undertaking;
undertaking: each unit, regardless of its legal form or mode of financing, which carries on an economic activity;
Pener: the natural or legal person designated by a grouping to act as a representative of the grouping;
partnership: a lack of legal personality, consisting of at least two participants, established for the purpose of carrying out activities;
Law: Grants I and M Framework Law .
1 Our Minister may apply for activities in areas mentioned in Article 3, first paragraph, of the Act , provide subsidies in accordance with the rules laid down in this Decision and in accordance with the rules laid down by the Ministerial Regulation.
2 The Chapters 3 to 11 This Decision shall not apply to:
a. Grants provided for each financial year as intended Article 4:58 of the General Administrative Law ;
(b) grants made on the basis of, or in close connection with, a binding decision of the Council of the European Union, of the European Parliament and of the Council, jointly or of the Commission of the European Communities on support of activities in the areas mentioned in Article 3, first paragraph, of the Act ;
(c) subsidies granted for the purpose of co-financing a programme approved by the Council of the European Union or the Commission of the European Communities; and
d. Grants provided on the basis of subsidy schemes as referred to in Article 17 of the Act .
3 By ministerial arrangement, provision may be made for articles of this Decision to apply mutatis mutandis to benefits in kind only to legal entities which have been established by public law.
A grant shall be granted to a natural or legal person who carries out activities and risks for the benefit of the Dutch economy for their own account and at the risk of taking part.
1 In any case, by ministerial arrangement, detailed rules may be laid down on:
a. the purpose of the grant;
b. the activities for which a grant is granted;
c. Applicants;
d. A grouping and a charge of its charge;
e. the form of subsidy;
f. eligible eligible costs;
g. the conditions under which the grant is provided;
(h) obligations of the grant recipient in connection with the grant;
(i) subject matter which, by way of derogation from or in addition to the rules of this Decision, need to be further established on the basis of a European support framework;
k. the method of calculation of the grant or the amount of the grant.
2 In the case of a ministerial arrangement, a maximum amount of subsidy may be determined per applicant.
1 Where a grant has already been granted by a governing body or the Commission of the European Union to cover the eligible costs or part thereof, the amount which has been granted by such administrative bodies shall be deducted from the subsidy for which the costs of the eligible costs are paid. applicant is eligible under this Decision or ministerial arrangement.
2 In the case of a ministerial arrangement, certain subsidy schemes or contributions from the Commission of the European Union may be excluded from the application of the first paragraph.
3 If the application of a de minimis regulation or the General Block Exemption Regulation has been determined by ministerial arrangement, the amount of the subsidy shall be reduced in so far as it is necessary on the basis of the relevant provisions of the Regulation.
1 For subsidy, the costs incurred directly associated with the execution of activities and which are eligible under a Ministerial Scheme shall be taken into account.
2 The costs incurred before the application is lodged by the applicant shall not be eligible for subsidy, unless:
a. It is a grant less than € 25,000,-in relation to the application of Article 15, second paragraph , the granting of a decision to grant aid is immediately available; or
(b) otherwise provided for in the case of a ministerial arrangement.
3 In the case of a grant to an applicant for which a European aid framework applies, only those costs shall be eligible for the aid to meet the requirements of the relevant support framework.
4 VAT due shall be eligible only where the applicant is unable to convert the VAT by the turnover tax to be paid by him.
5 The costs eligible for subsidy are calculated by the applicant on the basis of a method verifiable for Our Minister, based on business economic foundations and standards used in social traffic as such. be considered acceptable.
6 In the case of a ministerial arrangement, detailed rules may be laid down on the costs to be eligible for subsidy.
1 If hourly rates are used for the calculation of the amount of subsidy to be provided, the applicant shall calculate them on the basis of one or more of the standard calculation methods referred to in the second paragraph.
2 As standard calculation methods for the calculation of hourly rates are used:
a. Calculation on the basis of integral cost systems;
b. Calculation based on costs per cost medium plus a flat-rate premium for indirect costs; or
c. An hourly rate fixed at a flat rate.
3 In the case of ministerial arrangements, the standard calculation methods referred to in paragraph 2 shall be determined and detailed rules on the application of the standard calculation methods referred to in the second paragraph.
1 A subsidy ceiling may be established by means of a ministerial arrangement for the total amount of subsidy available for the grant of the subsidy.
2 For the purpose of determining the subsidy ceiling referred to in paragraph 1, the amount of the subsidy available shall be determined:
a. on the order of entry of applications;
b. In order of ranking of applications; or
(c) proportionate to the applications submitted.
3 If it is chosen for distribution in order of entry, our Minister shall distribute the available amount in the order of receipt of applications, subject to the following:
a. if an applicant has failed to comply with any legal requirement for the application to be taken into consideration and application of 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 relating to the distribution as the date of receipt;
b. if, on the day the subsidy ceiling is reached, our Minister receives more than one application, he shall draw up the ranking of those applications by drawing lots;
c. Ministerial arrangements may be used to determine the manner in which multiple applications from one applicant or applicants are to be applied within a single group;
d. in the case of ministerial arrangements, it may be stipulated that the applications must, in any event, comply with the criteria laid down in the ministerial arrangement;
e. Our Minister makes the achievement of the subsidy ceiling known in the Official Gazette, if this is done before the deadline for the lodging of applications set out in the ministerial arrangement is concluded.
If, in the determination of a grant ceiling, the subsidy is allocated in order of ranking, ranking criteria are set by ministerial arrangement and, if more than one ranking criteria are established, the to each other. If, when ordering applications, our Minister advises by a person or a person or a college who is not under his responsibility, a ministerial arrangement shall be determined by whom and in what way The opinion shall be delivered.
1 An application for grant shall be made using an instrument made available to that effect by Our Minister.
2 The application for subsidy and the period within which the application is submitted may be subject to a ministerial arrangement.
3 The application shall be accompanied by the documents indicated in the plea.
4 The application shall contain, save as otherwise provided by ministerial arrangement, the following particulars and documents:
a summary of the activities for which grants are applied for;
(b) an explanation of how and the extent to which the activities for which grant is requested contribute to the objectives of the relevant ministerial arrangement;
c. a specified budget, which provides a good understanding of the costs of the activities for which a grant is requested;
d. a time schedule of the activity;
e. where advances are desired, a display of the liquidity needs during the period for which a grant is requested, if possible, by period of three months;
f. the bank account number to which the amount of subsidy is to be paid up, including proof that the bank account is in the name of the applicant;
g. if applicable, the registration number of the applicant to the Chamber of Commerce.
When applying for a grant of a subsidy of € 25 000 or more, a specified budget may be submitted, at least as to how high the total cost of the activity to be subsidised is.
Our Minister shall decide on an application for subsidy if the application does not comply with the rules laid down in or pursuant to this Decision.
In addition, our Minister shall reject an application for a grant where:
a. by the application of a de minimis Regulation, an amount of de minimis aid would be granted which is higher than permitted under this Regulation;
(b) insufficient confidence exists that the person concerned may finance the activities;
(c) it is considered implausible to allow the activities to be completed within a period specified by ministerial arrangement;
d. it is likely that the activities will also be carried out without a subsidy;
e. insufficient confidence in the technical feasibility of the activities;
f. insufficient confidence in the economic viability of the activities;
g. the activities do not adequately contribute to the objectives of the grant;
h. Insufficient trust exists that the persons concerned have the capacities to carry out the activities properly;
i. the costs that are eligible for subsidy are not plausible or reasonable;
(j) as an applicant, against whom an order for recovery is issued as referred to in Article 1 (6) (a) of the General Block Exemption Regulation;
k. There is an unacceptable risk to our Minister that the execution of a planned activity will result in a disproportionate infringement of the economic, environmental or social dimension of sustainability.
In the case of ministerial arrangements, other refusal grounds may be the grounds for refusal. Article 11 and 12 , it shall be determined.
1 A decision to grant the subsidy is given within 13 weeks of the receipt of the application or, in the case of a subsidy ceiling and the distribution, in order of ranking or proportional distribution, within 13 weeks of the application or the allocation. weeks after the end of the period within which the applications may be submitted.
2 By way of derogation from paragraph 1, a period of two and twenty weeks shall apply in the case of:
(a) co-financing of a programme jointly or the European Commission approved by the Council of the European Union, the European Parliament and the Council of the European Union;
b. Inwinning of advice; or
c. Setting up a further investigation.
3 By way of derogation from paragraph 1, a period of 40 weeks shall apply if the opinion of an international assessment committee is sought or another form of international assessment takes place.
4 If a decision cannot be provided within the period specified in the first to third paragraphs, this period may be extended by the same period of time.
1 A grant less than € 25,000,-is provided in the form of a lump sum fixed by ministerial arrangement or determined on the basis of data submitted to the application.
2 If a grant is granted less than € 25,000,-is provided:
a. A decision to grant aid to the grant of subsidy immediately; or
(b) a decision on the granting of subsidy, specifying the date on which the activities were to be carried out at the latest and the date on which the grant of the grant was fixed by its own motion.
3 A grant of € 25,000,-up to € 125,000,-is granted in the form of a lump sum, or a maximum amount for an outstanding performance unit, which is set out in a ministerial arrangement or determined on the basis of data submitted to the application.
4 A grant of € 125,000,-or more is provided in the form of a maximum amount for an outstanding performance unit, which is set out in the ministerial arrangement or determined on the basis of data submitted at the time of Request.
5 Under ministerial arrangements, rules may be laid down on the conditions under which a grant may be granted.
Under ministerial arrangement, the rules on a grant may be lower than € 25,000,-apply to a grant of € 25,000,-or more or that the rules on a grant of € 25,000,-up to € 125,000,-apply to grants of € 125,000,-or more.
1 The grant-recipient is required:
(a) to carry out the activities in accordance with the definition of those activities in the decision on the granting of the grant of the grant or grant of subsidy;
b. to comply with the commitments made by Our Minister to the grant;
(c) demonstrate in advance, in a manner indicated in advance, in the order or in a ministerial arrangement, that the activities for which the grant has been granted have been carried out and that the obligations attached to the grant are fulfilled;
Without delay in writing to our Minister for the submission to the Court of a request for the application of the debt restructuring scheme to the Court of Justice of the European Union, to grant the payment of payment to him or to him; or a declaration of bankruptcy of the person concerned;
(e) at the request of our Minister, all the cooperation requested must be given to a review investigation established by Our Minister for the application and the effects of this Decision or on the basis of a ministerial arrangement, which our Minister it is reasonably necessary for the implementation of that evaluation study;
f. to cooperate in disclosure of the data and the results of the activity, except where disclosure of the data cannot reasonably be required;
g. to provide further information at the request of our Minister for accountability to the European Commission, on the basis of Articles 106, second and third paragraphs, 107 and 108 of the Treaty on the Functioning of the European Union; or One of the European support frameworks.
2 Our Minister may, for the delay, change essential or discontinue activities upon prior request from the grant-recipient waiver of the obligation, referred to in paragraph 1 (a). Rules may be attached to the exemption.
The grant recipient shall immediately communicate to our Minister as soon as it is likely that:
(a) the activities for which the grant has been granted will not be carried out in due time or in full; or
b. not, not in good time or in sufficient time, the obligations associated with the grant will be fulfilled.
1 The grant-recipient shall conduct such administrative records in such a way that it can be easily and clearly marked:
a. the nature, content and progress of the activities carried out;
b. the number of units that have been spent on a per-cost basis in support of activities eligible for subsidy;
c. the number of hours spent per person on the activities eligible for the grant;
d. if a tariff as referred to in Article 7 is used, the calculation and composition of the tariff;
e. the costs specifically incurred for the purpose of the activities.
2 The administration shall be kept up to five years from the date of the decision on the grant of subsidy or, if there is State aid, during another ministerial order or at the time specified by a ministerial order.
3 If the subsidy is less than € 125,000,-the first and second members are not applicable. In that case, the grant recipient shall have until five years from the date of the decision to grant aid on the information necessary to demonstrate, on request, that the eligible activities have been carried out.
1 If the period of execution of the activities eligible for subsidy exceeds 12 months, the decision on the grant of grants shall be subject to the obligation to submit one or more reports, but shall: one reporting per year
2 If the subsidy is less than € 25,000,-the first paragraph does not apply.
Our Minister is able to impose further obligations in the decision on the grant of subsidies.
1 By ministerial arrangement, one or more of the obligations laid down in this Chapter may not be applicable.
2 Under ministerial arrangements, obligations other than those set out in this Chapter may be imposed.
1 Our Minister, of its own motion, simultaneously with the decision on the grant of grant, provides advances for a subsidy which has not yet been established.
If, after the grant application, the decision to grant aid is given, payment of the amount of the subsidy shall take place at one time.
3 The advance payment shall be made in instalments for which the amount and timing of the advance shall be determined by ministerial arrangement or by the extension decision.
4 The provision of advance payments shall be suspended as long as the reporting referred to in Article 20 , in violation of that article has not been received.
5 By ministerial arrangement, the rate of advance may be determined.
6 If the subsidy is less than € 25,000, a 100% advance is granted in the order of the order for the grant of the subsidy.
1 An application for a decision to grant aid shall be made within 13 weeks of the activity of the activities for which the grant was granted. A further period may be laid down by Ministerial Regulation or by the decision on the grant of subsidy. If there is a subsidy in accordance with the principle of Single Information Single Audit as referred to in Article 4 (1) of the Treaty. Article 17a of the Financial Ratio Law takes place on the basis of that justification.
2 By way of derogation from the first paragraph, a ministerial arrangement may stipulate that the subsidy shall be determined ex officio. The decision to grant the subsidy shall state the date on which:
(a) activities have been carried out at the latest
(b) the subsidy shall be established at the latest.
3 The application referred to in paragraph 1 shall be made using an instrument made available to that effect by Our Minister, unless otherwise provided for in the case of Ministerial Regulations. The application shall be accompanied by the documents indicated in the plea, including in each case a report on the course, execution and results of the activity, showing that the subsidy recipient has fulfilled the obligations.
4 The grant recipient adds a subsidy of € 125,000 to grant aid for a subsidy of € 125,000,-or more:
a. Financial accountability;
b. if the costs incurred deviate by 10% or more from the underdeveloped budget item of the application: an explanatory note thereon; and
c. a verification declaration.
5 By way of derogation from paragraph 4 (c), the application may not be accompanied by a certificate of verification.
1 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.
2 If a decision to grant aid cannot be granted within the period specified in the first paragraph, this period may be extended once for a period of thirteen weeks.
1 In the case of Ministerial Regulations, grant applicants may cooperate in a partnership:
(a) in the name of the master, the administrator shall submit the application, accompanied by an agreement on their cooperation and a declaration by the participants of the grouping in which a pilot has been appointed:
b. may be required by ministerial arrangement or in the subsidiary decision as a condition for the provision of an agreement within a specified period of time in which the cooperation between the participants in the grouping is provided regulated;
c. our Minister shall send the decisions on the grant of aid to the pilot.
d. Our Minister shall provide the advances through the manager of the grant recipients;
e. serve as the reporting requirements Article 20 in the case of the pener, and
f. Our Minister pays the subsidy amount through the pener to the grant recipients. This payment shall be deemed to be payment to the recipients;
g. In the name of the pener, the application for the grant of the subsidy shall be provided for:
2 The master of a grouping shall notify our Minister without delay after a request for the payment of a declaration of bankruptcy or a declaration of bankruptcy or a declaration or claim has been filed with the court.
1 Our Minister, in order to prevent misuse and improper use of subsidy, keeps a record of registration, which states:
a. The imposition of a fine to a grant recipient on the basis of the Law of administrative fine reporting lights granted by ministers ;
b. Lower fixing of the subsidy on the basis of Article 4:46, 2nd paragraph, of General Law governing law , to amend or alter the subsidy-recipient of the subsidy on the basis of Article 4:48 of the General Administrative Law and to amend or amend the subsidy-subsidy from the subsidy-subsidy on the basis of Article 4:49 of the General Administrative Law Act , if the subsidy recipient can be made a reproach of the lower fixing, revocation or amendment as intended for this;
c. the nature of the conduct which has led to measures referred to in parts a and b and, in the case of measures referred to in subparagraph (b), the amount of the subsidy involved;
d. The name and address details of the grant recipient to whom the measures referred to in parts a and b are affected.
2 The registration may be consulted by officials appointed by Our Minister who are engaged in the provision of grants in the field of the Ministry of Infrastructure and the Environment.
3 The registration of data will take place for the duration of three years after the date of registration, after which the relevant data will be removed from registration.
4 If it is found that an applicant has been included in the registration referred to in paragraph 1, our Minister may, on the basis of the assessment of the application, undertake to make a commitment to the registered information, to draw up the information submitted in the context of the grant application. impose obligations and check compliance with those obligations.
The Environmental aid decision shall be withdrawn.
By way of derogation from the Articles 2 to 26 funds for grants are granted on the basis of general measures of governance and ministerial arrangements established for 1 July 2015 on the basis of the Law on the Environment , the Spatial planning law or the Framework Law Grants Traffic and Water State , and covered by the scope of application of the Law , the provisions laid down in that decision or in that arrangement.
The Articles 1 to 8 , 10 to 12 , Article 17 , with the exception of the part Soil Protection Act , and the Articles 19 to 22 of the Framework Law Grants I and M and this Decision shall enter into force with effect from 1 July 2015.
This decision is cited as: Framework Decision grants I and M.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 11 February 2015
William-Alexander
The Minister for Infrastructure and the Environment,
M.H. Schultz van Haegen-Maas Geesteranus
Issued the 4th of March 2015The Minister for Security and Justice,
I. W. Opstelten
