Key Benefits:
Arrangement of the State Secretary for Economic Affairs of 28 June 2015, No WJZ/15083650, establishing grant instruments in the framework of the European Structural and Investment Funds in the field of Economic Affairs (European EZ-subsidies scheme)
The Secretary of State for Economic Affairs,
Having regard to:
Decision:
For the purposes of this arrangement:
competent authority: the minister or managing authority;
gross annual wage: gross annual salary, including a non-performance fixed annuation or salary in the form of a thirteenth month, being a lump sum or fixed percentage of the salary, that workers receive as an extra wage, as far as this is regulated by the applicable collective agreement or contract of employment, excluding holidays, excluding (other) fees, special benefits, profit or performance-related benefits and additional work relaxations;
group: group as referred to in Article 2:24b of the Civil Code ;
last payment: the final payment by the competent authority to the beneficiary of the amount or part of the amount, named in the decision on the grant of subsidy;
managing authority: designated authority as such by the Minister;
Minister: Minister for Economic Affairs;
mkb: small and medium-sized enterprises as referred to in Article 2 (28), of Regulation 1303/2013 ;
Net income: net income as referred to in Article 61, first paragraph, of Regulation 1303/2013 ;
undertaking: each unit, regardless of its legal form or mode of financing, which carries on an economic activity;
Pener: the person or organisation designated by the participants in the grouping;
partnership: the relationship that does not have legal personality, consisting of at least two participants not in a group of affiliated participants, established for the purpose of carrying out activities, other than a company;
grant recipient: beneficiary referred to in Article 2, part 10, of Regulation 1303/2013 ;
Regulation 1301/2013: Regulation (EU) 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and specific provisions relating to the Investment for growth and jobs goal, and repealing Decision No 17, 2013, Regulation (EC) No 148/EC 1080/2006 (PbEU 2013, L347);
Regulation 1303/2013: Regulation (EU) 1303/2013 of the European Parliament and of the Council of 17 December 2013 on common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for rural development and the European Maritime and Fisheries Fund and general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Maritime Affairs Fund, and fishing, and repealing Regulation (EC) No 148/EC 1083/2006 of the Council (PbEU 2013, L347);
Regulation 1305/2013: Regulation (EU) 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development (EAFRD) and repealing Regulation (EC) No 148/EC 1698/2005, of the Council (PbEU 2013, L347);
Regulation 508/2014: Regulation (EU) 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing the European Parliament and Council Directive of 15 May 2014 on the European Maritime and Fisheries Fund Regulations (EC) No 148/EC 2328/2003 , (EC) No 861/2006 , (EC) No 1198/2006 and (EC) No 791/2007 of the Council and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (PbEU 2014, L149).
Without prejudice to Article 65, 11th paragraph, of Regulation 1303/2013 Where aid has already been granted by a governing body or by the European Commission for the eligible costs or part thereof, only a grant shall be granted in such a way that the total amount of grants does not exceed the total amount of the aid granted. amount allowed according to the applicable European regulations.
1 To the extent that they are directly related to the implementation of the relevant eligible activity, eligible costs shall be eligible:
a. Labour costs and overheads insofar as they have been calculated in accordance with Article 1.4, first paragraph ;
b. in-kind contributions as referred to in Article 69, first paragraph, of Regulation 1303/2013 ;
c. depreciation costs as referred to in Article 69, second paragraph, of Regulation 1303/2013 ;
d. other costs for which an invoice or a document of equivalent probative value may be consulted.
2 The first paragraph shall not apply to the provision of subsidy in the framework of European territorial cooperation, as referred to in Article 4 (1) of the EC Treaty. Section 5.4 .
1 Labour costs are calculated by multiplying the number of hours spent on the project or investment by one of the following methods, calculated in accordance with one of the following methods:
a. An individual hourly rate calculated per employee, calculated on the basis of gross annual earnings, plus a storage of 32% for workers ' reports, and 15% at the cost of overheads, and then 1,720 hours of that amount the basis of a 40-hour work week is shared;
(b) an individual hourly rate calculated per employee, calculated on the basis of gross annual earnings, plus a storage of 32% for workers ' reports, and 15% at the cost of overheads, and then 1,720 hours of that amount the basis of a full working week is shared;
c. a comprehensive cost scheme approved by the Minister, intended to be implemented in Article 12, first paragraph, of the Framework Decision national EZ subsidies , or
d. A methodology approved by the European Commission for similar projects and grant recipients as referred to in Article 67, fifth paragraph, part b, of Regulation 1303/2013 .
2 The costs of the own work carried out by a grant recipient as referred to in Article 69, first paragraph, part e, of Regulation 1303/2013 to the project or to the investment, where a calculation under the first paragraph is not possible, is calculated by the number of hours that the person concerned has made for the benefit of the project or investment multiply by a fixed hourly rate of € 39.
3 By way of derogation from the second paragraph, in the case of grants under Regulation 508/2014, a fixed hourly rate of € 36 is calculated.
4 If grant is granted in the form referred to in Article 67, first paragraph, point (c), of Regulation 1303/2013 , this item is not applicable.
5 If it is chosen for the integral cost systemics, its Article 12, third paragraph, of the Framework Decision national EZ subsidies and Article 1.2, first paragraph, of the national EZ-subsidies scheme , mutatis mutandis.
Without prejudice to Article 69, third paragraph, of Regulation 1303/2013 , come in case of Article 1.3 (d) , the following costs are not eligible for subsidy:
(a) administrative and financial penalties and penalties;
b. Profit gains within a group or grouping;
c. foolesses and gifts;
d. representation costs and reimbursable expenses;
e. costs of personnel activities;
f. Costs of transfers and cancellations;
g. bonuses and bonuses;
h. Outplacementtrajectory cost.
If application is given to Article 4:57 of the General Administrative Law , Article 6 of the framework Act, EZ-subsidies or in the case of recovery on the basis of Regulation 1303/2013 , Regulation 1301/2013 , Regulation 1305/2013 , Regulation 508/2014 or Regulation 809/2014 , amounts to be recovered plus the legal interest referred to in the Article 6:120, 1st paragraph, of the Civil Code , which shall be calculated over the period from the date of the expiry of the period within which payment is to be made by the grant recipient and the date of reimbursement by the grant recipient.
In case a project or investment net income as referred to in Article 61 of Regulation 1303/2013 the competent authority shall deduct the net income from the decision on the grant of subsidy on the eligible costs in accordance with the method referred to in Article 61, third paragraph, part b, of the Regulation 1303/2013 , unless the competent authority has opted for a fixed net income percentage as referred to in Article 61 (3) (a) for the sector or sub-sector in question, unless the competent authority has opted for a fixed net income percentage as referred to in Regulation 1303/2013 .
The competent authority shall lay down policy rules for the application of financial corrections as referred to in Article 143 (2) of this Regulation. Regulation 1303/2013 .
Procedure referred to in Article 140, fifth paragraph, of Regulation 1303/2013 establishes the procedure of the Annex This scheme.
This chapter applies to Chapter 3 .
The minister may apply for activities in the fields, named in Article 2 of the framework Act, EZ-subsidies , and for activities referred to in Regulation 508/2014 grant.
1 The Minister may grant subsidies under this scheme only if he has opened up the possibility of applying for grant aid by establishing a maximum subsidy ceiling and a period for lodging the grant of the subsidy. Request.
2 The minister may limit the opening-up to certain activities, categories of applicants or a certain number of applications.
3 The minister may set different subsidy ceilings for different activities or categories of applicants.
The minister distributes the subsidy ceiling:
a. on the order of entry of applications;
b. in order of ranking of applications;
c. proportionate to the applications submitted, or
d. by drawing lots.
1 Where the allocation of the subsidy ceiling is chosen in order to obtain the entry of applications, the first application shall be eligible for the grant.
2 If an applicant has failed to comply with any legal requirement for consideration of the application and with application of Article 4: 5 of the General Administrative Law Act has had the opportunity to supplement the application, applies in relation to the distribution the day or the time when the application complies with the legal requirements as the date or time of entry.
3 If, on the day the subsidy ceiling is reached, the Minister receives more than one application, and the order of those applications cannot be determined on the basis of the time of entry, he shall propose the interranking of those applications. Applications shall be drawn by lot.
1 If it is chosen for distribution of the subsidy ceiling in order of ranking of applications, the application which, according to the Minister ' s discretion, makes the largest contribution to the grant objective, the first for grant in 2.
2 In so far as the subsidy ceiling is exceeded, the Minister shall establish the ranking of those applications, which are ordered by drawing lots, as determined by the assessment.
If a subsidy ceiling has been established for each category of applicants or activities, the breakdown shall be determined by: Article 2.4 , place by category.
1 The Minister may set up an advisory committee.
2 The task of an advisory committee is to advise the Minister, at his request, on applications for grant aid.
3 The opinions of an advisory committee shall be accompanied by a sound statement of reasons.
4 An advisory committee consists of a chairman and a number of members. The members are experts in the field on which the advisory committee has a task. The President and the members are not officials, employed by the Ministry of Economic Affairs or other ministries responsible for the grant, or who are co-responsible.
5 The President and the Members shall be appointed and dismissed by the Minister.
6 When setting up an advisory committee, the period for which the chairman and the members are appointed and the number of members shall be determined.
7 An advisory committee shall draw up its own rules of operation in writing.
8 A member of an advisory committee shall not take part in the preparation and adoption of an opinion if he has a personal interest in the decision on the application.
9 The Minister may designate observers, who have the right to attend the meetings of an advisory committee.
10 In the Secretariat of an Advisory Committee, the Minister shall provide for.
11 The management of the documents relating to the work of an advisory committee shall be carried out by similar means to the Ministry of Economic Affairs. The documents shall be kept in the archives of that Ministry after the termination of the work of an advisory committee.
12 An advisory committee shall, upon request, provide the Minister with the information required for the performance of his task. The Minister may, in so far as it is reasonably necessary for the performance of his duties, access his business records and records.
1 An application for grant to grant is made using a means, which shall be made available by the Minister.
2 In case of an application for grant aid, other revenue, including grants, shall be communicated, where appropriate, which shall be used to finance the activity to which the grant relates.
3 In any case, an application for grant aid shall contain information on:
a. The grant applicant, including the name of the natural person, legal person or public body, address and account number;
(b) where applicable, data on net income as referred to in Article 61 of this Regulation; Regulation 1303/2013 .
4 An application for grant aid for a project shall be accompanied by a project plan, which shall include at least:
a. a description of the project, including:
1 °. the objectives;
2 °. a problem analysis showing, inter alia, the necessity of the project and the costs to be incurred in its implementation;
3 °. the activities and procedures for implementing them;
4 °. to the extent applicable, an overview of the parties participating in the grouping and the division of responsibilities, powers and financial obligations of the participants, as well as a piece of evidence showing that the competent authority is empowered to act on behalf of the participants in the grouping;
Information showing the extent to which the project contributes to the purposes for which a grant is provided;
c. a closing budget for the project, which is a multi-annual budget with liquidity planning a year, in so far as the project lasts for more than one year, with an explanation of that;
d. Criteria for the analysis of the results of the project;
e. the expected realization period, with a description of the time-path and milestones if the time limit is longer than one year.
5 If applicants cooperate in a cooperative partnership, the pener shall submit an application.
Without prejudice Article 1.5 , in the case of a grouping, fees charged by a grouping participant shall not be eligible for any grant from any other participant in the grouping.
1 The Minister shall decide on an application for grant of subsidy if the application does not comply with the rules laid down in this arrangement.
2 The Minister shall decide on an application for the grant of grant in so far as:
a. Insufficient trust exists that the persons concerned may finance the activities;
b. it shall be considered implausible that the activities may be completed within a period specified in this scheme;
c. the activities for the submission of the grant application have been completed;
d. the activities do not adequately contribute to the objectives of the grant.
1 If the subsidy ceiling is distributed in order of ranking, a decision on granting the grant shall be given within 22 weeks of the end of the period of application of the grant.
2 If the subsidy ceiling is distributed in another way, a decision on granting the subsidy shall be given within 13 weeks of the end of the grant application.
If the grant is granted to cooperative participants, the Minister shall issue the decisions on the grant of the grant to the pener.
If advances are provided for in this scheme, the advance payment shall not exceed 90% of the grant to be granted.
2 An advance payment is made on request using a means, which shall be made available by the Minister.
3 An advance payment shall be granted for the following costs incurred:
a. Labour costs and overheads referred to in Article 1.3 (a) ;
b. in-kind contributions as referred to in Article 1.3 (b) ;
c. depreciation expense as specified in Article 1.3 (c) ;
d. Costs as specified in Article 1.3 (d) So far as these costs have been paid.
1 The recipient of the subsidy or the person's manager shall notify the Minister of the submission to the Court of Justice without delay in writing of a request for a declaration of application to be made by him or by one of the members of the grouping. of the debt restructuring scheme, natural persons, to grant the payment to him or to one of the members of the grouping, or to a declaration of bankruptcy of him or of one of the participants of the grouping, respectively. the partnership.
2 The grant recipient or a person in charge shall notify the Minister without delay as soon as it is likely that:
(a) the eligible activities 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 In the case of a project plan, the decision on the grant of the subsidy is subject to the obligation to carry out the activities in accordance with this plan.
2 The grant recipient shall notify the Minister if the eligible costs included in the milestones in the project plan or, if there is no milestone planning, depart from the budget by more than 25% in the relevant calendar year.
3 The Minister may waive the obligation of the grant recipient under the obligation referred to in paragraph 1 to delay or change the method of execution of the activities at the preceding request of the grant recipient, unless this is affected by such an amendment. the activity for which a grant has been granted is the objective of the grant or the terms and conditions of the grant. Rules may be attached to the exemption.
1 The grant recipient or a person in charge shall conduct an administration in such a way that it can be easily and clearly established at any time:
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. in cases where labour costs or own labour are eligible, the number of hours spent per person on the activities eligible for subsidy;
d. if a tariff as referred to in Article 1.4, first paragraph , it is used, the calculation and composition of the tariff;
e. the costs specifically incurred for the benefit of the activities and paid.
2 The records shall be kept for at least seven years from the date of the last payment.
1 If the period of implementation of a project 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 in respect of which the aid is to be submitted. progress of the project is described, taking into account the milestones of the project.
2 If grant recipients cooperate in a cooperative partnership, the pilot may submit their reports.
1 If grant is granted for an investment as referred to in Article 71, first paragraph, of Regulation 1303/2013 , the decision to grant aid shall be without prejudice to: Article 4:49 of the General Administrative Law Act retracted or modified to the detriment of the subsidy recipient if the investment undergoes a significant change over five years from the date of the last payment, which:
a. is the result of the termination or relocation of production capacity as referred to in Article 71, first paragraph, part a, of Regulation 1303/2013 ;
(b) the effect of a change in the nature of the ownership of an infrastructure which causes undue advantage to an undertaking or public authority, as referred to in Article 71, first paragraph, part b, of the Regulation 1303/2013 , or
c. is a substantial change as referred to in Article 71, first paragraph, part c, of Regulation 1303/2013 whether the implementing conditions imposed by this arrangement is affected.
2 If grant is granted for an investment as referred to in Article 71, second paragraph, of Regulation 1303/2013 , the decision to grant aid shall be without prejudice to: Article 4:49 of the General Administrative Law Act retracted or modified to the detriment of the grant recipient if the investment is moved within 10 years of the last payment to a location outside the European Union.
The second paragraph shall not apply to SMEs.
1 The recipient of the subsidy shall submit his application for the grant of aid within 13 weeks from the date on which the activities are to be completed.
2 The application shall be made using a means made available by the Minister.
3 In case of an application for the grant of aid, any other revenue, including subsidies, shall be communicated, where appropriate, financed by the activity to which the grant relates.
4 In any event, the application for the grant of aid to the subsidy shall be:
a. Data relating to the recipient of the subsidy, including name, address and reference number assigned by the Minister;
(b) information on the amount of eligible costs incurred and paid;
c. As applicable, data on net income as referred to in Article 61 of this Regulation. Regulation 1303/2013 .
5 An application for the determination of a grant for the implementation of a project shall be accompanied by a final report. The final report shall contain at least:
a description of the activities carried out within the framework of the project;
An evaluation of the extent to which the activities have contributed to the objectives set out in the project plan forming part of the grant of grant decision;
c. the knowledge and information acquired with the project; and
d. the manner in which the knowledge and information referred to in subparagraph (c) is or will be made public, if this provision provides for disclosure to be made.
If grant recipients cooperate in a cooperative partnership, the person in charge shall submit their application for the grant of the grant of the subsidy.
1 The 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 grant recipients cooperate in a cooperative partnership, the Minister shall issue the decisions on the grant of aid to the pilot.
For the purposes of this Chapter:
operator: operator as referred to in Article 4, first paragraph, part 30, of Regulation 1380/2013;
producer organisation for fishery products: producer organisation for fishery products as referred to in Article 6, first paragraph, of Regulation 1379/2013;
Regulation 1379/2013: Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Regulations (EC) No 149/2013 of the European Parliament and of the Council 1184/2006 and (EC) No Council and the repeal of Regulation (EC) No 416/EC of the European Parliament and of the Commission Regulation (EC) No 104/2000 (PbEU 2013, L 354);
Regulation 1380/2013: Regulation (EU) 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Regulations (EC) No 148/EC 1954/2003 and (EC) No 1224/2009 of the Council and repealing Regulations (EC) No 2371/2002 and (EC) No 639/2004 of the Council and Decision 2004 /585/EC of the Council (PbEU 2013, L 354);
Regulation 763/2014: Implementing Regulation (EU) No Commission Regulation (EC) No 763/2014 of 11 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 7 Decision No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the technical characteristics of information and publicity measures and instructions on the design of the emblem of the European Maritime Safety and Development Fund. Union;
fisherman: natural person engaged in fishing activities and exercising his main occupation on board a fishing vessel which is in operation;
fishing activity: fishing activity as referred to in Article 4, first paragraph, part 28 of Regulation 1380/2013;
Fisheries undertaking: undertaking engaged in fishing activities;
fishing vessel: fishing vessel as referred to in Article 4, first paragraph, part 4, of Regulation 1380/2013 ;
Fleet register: register as referred to in Article 24 of Regulation 1380/2013 ;
a. (a) and (b) of the Annex of the Law on Higher Education and Scientific Research Higher education institution mentioned;
b. Other than all or part of the total or partial, multi-annual public research non-profit research organisation which carries out activities with the aim of extending general scientific or technical knowledge;
(c) in whole or in part, in a multiannual framework financed by another Member State of the European Union:
1 °. higher education public institution equivalent to an institution referred to in point (a),
2. non-profit-making non-profit research organization providing activities with the aim of extending general scientific and technical knowledge;
Legal person in respect of which an institution referred to in point (a), (b) or (c) directly or indirectly:
1 °. more than half of the subscribed capital is provided,
2 °. fully liable partner, or
3 °. whereas control has been carried out;
e. Non-profit research organisation with self-employed employees, the aim of which is to carry out their own research and to develop and test technical applications by its staff, to provide technological knowledge, and to to promote a specific area, which is not an institution referred to in points (a) to (d).
Without prejudice Article 1.5 , shall the costs of the activities referred to in Article 11 of Regulation 508/2014 is not eligible for subsidy.
Without prejudice Article 2.11 , the Minister shall reject an application for the grant of the grant if:
(a) the grant applicant is not admissible for aid under Article 10 of Regulation 508/2014 ;
(b) the activities for which subsidy is requested are not eligible under Article 11 of the Regulation 508/2014 ;
(c) the grant applicant does not fulfil the obligation to provide information referred to in Article 111 of this Regulation; Regulation 508/2014 .
Without prejudice Article 2.9 contain an application for the grant of the grant, in any case:
a. the number under which the grant applicant has been registered with the Chamber of Commerce or in the event the grant applicant is a natural person, the civil service number;
(b) information showing that the applicant has sufficient financial capacity as referred to in Article 125 (3) (d) of Regulation 1303/2013 to carry out the project or investment in respect of which a grant is requested;
(c) a declaration that the grant applicant, if he is an economic operator as referred to in Article 4, first paragraph, part 30, of Regulation 1380/2013 , meets the requirements of Article 10, first and third paragraphs, of Regulation 508/2014 ;
d. data for monitoring or evaluation as referred to in Article 111 of Regulation 508/2014 ;
e. to the extent known at the time of application for grant aid, that the applicant wishes to issue a contract as intended Article 3.1.6, second paragraph , copies of the tenders requested as referred to in Article 3.1.6, second paragraph, and the relevant reasons for a award decision made on the basis of these tenders;
f. as far as it is known at the time of application for grant granting, that an applicant wishes to issue a contract as intended Article 3.1.6, fourth paragraph , details of the procedure followed and the award decision referred to in Article 3.1.6, fifth paragraph;
g. a description of the communication activities referred to in Annex V, Section 3.1, second paragraph, part (e) of Regulation 508/2014, which the grant recipient or the grouping wishes to undertake.
Without prejudice Article 2.20 , the application for subsidy setting shall include:
a. Data for monitoring or evaluation as referred to in Article 111 of Regulation 508/2014;
(b) in so far as they have not yet been delivered on the application for grant aid on the basis of Article 3.1.4, part e , copies of the tenders requested in accordance with Article 3.1.6, second paragraph , and the relevant reasons for a award decision taken on the basis of these offers;
(c) in so far as they have not yet been delivered on the application for grant aid on the basis of Article 3.1.4, part f , information on the procedure followed and the award decision referred to in Article 3.1.6, fifth paragraph ;
d. data showing that the communication activities, as referred to in Article 3.1.4, part g , have been executed.
1 The grant recipient shall continue to meet the conditions set out in Article 10, first paragraph, for at least five years after the date of the final payment. Regulation 508/2014 .
If the grant recipient calls for a grant for the award of a contract in which the total costs of a single contractor will exceed € 25,000, he shall be required to make three tenders in advance of the contract. independent providers. The grant recipient shall award the contract to the offeror with the most economically advantageous tender.
The Minister may, at the request of the grant recipient, waive the obligation referred to in the second paragraph. Rules may be attached to the exemption.
4 The second paragraph shall not apply where the subsidy recipient seeking to use a grant for the award of a contract is a contracting authority as intended for the purposes of Article 1.1 of the Procurement Act 2012 and the order he wishes to grant on the basis of the Tender Act 2012 must be subcontracted.
5 If the fourth member is applicable, the grant recipient shall inform the Minister of the procedure followed and the award decision, in accordance with Article 2.130 of the Procurement Act 2012 .
6 The grant recipient shall implement the communication activities specified in: Article 3.1.4, part g .
7 The grant recipient shall ensure that all information and publicity measures addressed to the public are made clear that support from the European Maritime and Fisheries Fund for the specific operation is granted, in accordance with the requirements of Regulation 763/2014.
If grant is granted to an owner of a fishing vessel as referred to in Article 25 of this Regulation. Regulation 508/2014 , the decision to grant aid shall be without prejudice to: Article 4:49 of the General Administrative Law Act shall be withdrawn or modified to the detriment of the recipient of the subsidy if the fishing vessel is transferred outside the European Union from the date of the last payment within five years.
1 There is an opinion committee, EFMZV, which is responsible for advising the Minister on the designation of the designation in question. Article 2.11, second paragraph, part d , and the ranking of applications for grant granting, if the distribution of a subsidy ceiling in accordance with Article 2.4, part b It will be determined.
The committee shall be composed of at least seven and a maximum of 10 members.
3 The President and the Members shall be appointed for a period of three years.
For the purpose of this Title:
inland fishing: inland fishing as referred to in Article 1, fourth paragraph, part d of the Fisheries Act 1963 ;
Young fisherman: young fisherman as referred to in Article 31, third paragraph, first sentence, of Regulation 508/2014 ;
Coastal fishing: inshore fisheries as referred to in Article 1 (4) (c) of the Fisheries Act 1963 ;
fishing register: register as intended Article 1 (d) of the Decision on registration of fishing vessels 1998 ;
sea fishing: sea fishing as referred to in point Article 1 (4) (b) of the Fisheries Act 1963 .
1 The minister provides upon request a grant to a young fisherman for a first purchase of a fishing vessel, or a part thereof, of a length overall of less than 24 metres, that:
a. is equipped for sea fishing, inshore fishing or inland fishing;
b. Five to 30 years of age;
c. belongs to a fleet segment for which, in the second paragraph of Article 22, Regulation 1380/2013 the fishing capacity report referred to above shall demonstrate a balance of the fishing opportunities available for that segment; and
d. for the submission of the application for the grant of aid as specified in Article 2.19 , registered in the fishing register.
2 In the case of the purchase of a fishing vessel equipped for inland fishing with the exception of the IJsselmeer:
a. The first paragraph, parts c and d, shall not apply; and
b. satisfies the young fisherman for submitting the application for grant setting as intended Article 2.20 , to the requirements of Article 55 or Article 56 of the Fisheries Implementing Regulation .
3 In the case of the purchase of a fishing vessel which is equipped for inland fishing and used for fishing on the IJsselmeer:
a. The first paragraph, part c, shall not apply; and
b. is the young fisherman for submitting the application to grant aid in possession of a licence as intended. Article 8, first paragraph, of the Rules of Procedure for inland fishing 1985 .
Without prejudice to Articles 2.9 and 3.1.4 Contains an application for grant granting:
a. Details of the fishing vessel specified in: Article 3.2.2 , including the age of the fishing vessel, the length of the fishing vessel, in the case of sea and coastal fishing, the fleet segment to which the fishing vessel belongs, the price of the fishing vessel, a unique feature of the fishing vessel and in the case of entry in the register, the fishing register or the fleet register number;
b. by way of derogation from Article 3.1.4, part e , a valuation report from an independent and expert valuer of the market value of the fishing vessel and a tender of the fishing vessel concerned, or a tender of the vessel concerned and two offers of similar fishing vessels. The valuation report or tenders shall not exceed three months and shall give at least an understanding of the value of the fishing vessel and its inventory;
c. Evidence of work experience or vocational training as referred to in Article 31, third paragraph, of Regulation 508/2014 .
The Minister distributes the subsidy ceiling in order to obtain the entry of applications.
1 Only the purchase costs of the fishing vessel incurred by the young fisherman as intended Article 3.2.2 They are eligible for subsidy.
2 The fishing vessel is part of the fishing vessel and may be included in the cost of the landing, as a result of traffic.
Without prejudice to Articles 1.5 and 3.1.2 , the following costs shall not be eligible for subsidy:
a. nets;
b. Catch rights such as quotas or permits;
c. Financing costs;
d. Rental purchase;
e. cost of the valuation report or tenders as referred to in Article 3.2.3 ;
f. operating costs as referred to in Article 25, second paragraph, of Regulation 508/2014 .
1 The subsidy shall amount to a maximum of 25% of the eligible costs.
2 The subsidy shall not exceed € 75,000 per young fisherman.
1 The purchase of the fishing vessel shall take place after the date of receipt of the grant application, as referred to in Article 2.9 , and within 6 months from the date of the grant.
2 The payment and delivery of the fishing vessel will take place after the date of receipt of the grant application, intended Article 2.9 , and for the submission of the application for aid to the grant of aid, Article 2.20 .
The Minister shall decide on an application for the grant of grant in so far as:
a. The grant applicant does not comply with the requirements of Article 31, third paragraph, of Regulation 508/2014 ;
b. Eligible costs, as referred to in Article 3.2.5 less than € 10,000,
c. the grant applicant has or has been the owner of a fishing vessel in full or part of the grant application prior to the grant application.
1 Without prejudice Article 2.20 and 3.1.5 , the application for the grant of subsidy shall in any case include:
(a) in the case of a fishing vessel equipped for sea fishing or coastal fishing: data showing that the fishing vessel has been entered in the fishing register;
b. A copy of the property certificate or proof of payment.
2 The Articles 3.1.5 (b) , and 3.1.6, second paragraph , do not apply to this title.
This Title shall expire with effect from 1 July 2020.
For the purpose of this Title:
Obligation of landing: Landing obligation as referred to in Article 15 of Regulation 1380/2013;
'Landed innovation project' means: project that
a. to develop or develop new technical or organisational knowledge, or to develop and implement;
b. fits within one of the objectives referred to in Article 39, first paragraph, of Regulation 508/2014; and
c. In the context of the obligation to land, the following shall be addressed to:
1 °. improve selectivity (recruitment innovation project selectivity); or
2 °. the demonstration of and increase the survival rate of fish species (land-based innovation project survival rate);
Institution with a general utility: an institution as specified in Article 5 (b), first paragraph, of the General Law on State Taxation ;
Fisheries organisation: an organization whose statutes show that it represents the collective interest of fishermen or fisheries undertakings.
The Minister shall grant an application for a subsidy for the execution of a land-based innovation project:
a. A fishing organisation;
b. participants in a consortium of fisheries organisations; or
(c) participants in a grouping of one or more fisheries organisations and one or more general interest, with a view to protecting the biological resources of the sea.
A land-based innovation project is carried out with active involvement of a scientific or technical organization, which results from the project and scientific or technical report. Article 3.3.11, third paragraph You're validating.
Without prejudice to Articles 2.9 and 3.1.4 , in any event, it shall contain an application for the grant of the grant:
a. data showing how the active involvement, intended in Article 3.3.3 , will be secured from a technical or scientific organisation to the land-based innovation project;
The number under which a fishing vessel deployed under a landing obligation project is registered in the fleet register, or if this is not possible, the maximum number of fishing vessels of the national fleet to which it is to be shall be used for the project and the maximum gross tonnage of these fishing vessels;
(c) an estimate of the expected net income referred to in Article 39, sixth and seventh paragraph, of Regulation 508/2014;
d. a copy of the statutes currently in force at the time of the grant application, indicating the purpose of the grant applicant;
e. a statement from a scientific or technical organization which shows that it is prepared to Article 3.3.3 Defined role, in accordance with the data referred to in subparagraph (a).
The Minister distributes the subsidy fund for recruitment innovation projects selectivity or landing innovation projects survival probability in order of ranking of applications as referred to in Article 3 of the Treaty. Article 2.4, part b .
1 The Minister arranges an application for a recruitment innovation project selectivity, on which it is decided not to reject, the higher as it is:
a. has a more innovative character (10%);
b. has a more economic or technical perspective on the practical scale (5%);
c. has a larger irradiation effect for enterprises (5%);
d. has less negative effects on nature (5%);
e. more contributes to the practicability and compliance of fishing undertakings or fisheries undertakings of the obligation to land (35%);
f. more contributes to increasing the selectivity of fishing methods (40%).
2 The Minister arranges an application for a land-based innovation project, which has not been dismissive, higher as it is:
a. has a more innovative character (10%);
b. has a more economic or technical perspective on the practical scale (5%);
c. has a larger irradiation effect for enterprises (5%);
d. has less negative effects on nature (5%);
e. more contributes to the practicability and compliance of fishing undertakings or fisheries undertakings of the obligation to land (35%);
f. more contributes to the demonstration of or improve the survival rate of fish species (40%).
1 Where the ranking of the new innovation projects indicates that one of the ceilings referred to in Article 39 (4) of Regulation 508/2014 is exceeded, the top-ranking of the top-ranked innovation projects ranked by the land of Article 3.3.6, first or second paragraph , as a first eligible grant until this ceiling is reached, and grant to the other land innovation projects that would be eligible for subsidy on the basis of the ranking and the level of the grant ceiling. below the suspensive condition of approval by the European Commission.
2 The remainder of the ranked number of the projects to be landed shall be rejected, but shall be eligible for the grant if:
a. budget is available because one or more highly ranked number of landed innovation projects will not be approved by the European Commission; and
b. these are approved by the European Commission.
3 The minister shall inform the grant claimant as soon as possible after the European Commission is aware of the opinion and any impact on the decision previously issued.
Without prejudice to Articles 1.5 and 3.1.2 , operational costs as referred to in Article 25 (2) of Regulation 508/2014 shall not be eligible for any subsidy.
1 The subsidy shall be 75% of the eligible costs.
2 If the grant is requested by a partnership as referred to in Article 3.3.2 (c) , the subsidy amounts to 85% of the eligible costs.
3 The subsidy shall amount to a maximum of € 600 000 per land-based innovation project.
1 The implementation of the landed innovation projects financed under this Title shall be implemented after the date of receipt of the grant application, as referred to in Article 4 (2) of the Agreement. Article 2.9 But no later than 12 months after the granting of the grant.
2 The landed innovation projects supported under this Title shall be completed within 36 months of the grant of the grant.
(3) Where there is a grant of a grant subject to a suspensive condition as referred to in Article 3 Article 3.3.7, first paragraph , start to run from the date on which the Minister has informed the grant applicant of the judgment provided for in Article 3.3.7, third paragraph, if the land innovation project is to be considered, starting with the time limits set out in paragraphs 1 and 2. approved by the European Commission.
1 The recipient or association does not increase fishing vessels and does not exceed gross tonnage as indicated in the application on the basis of Article 3.3.4, part b .
2 The grant recipient or association shall ensure that the research structure underlying the land-based innovation project complies with the generally accepted scientific standards and that the results are sufficiently scientific shall be substantiated.
3 The grant recipient or the grouping shall prepare a scientific or technical report, or have it drawn up by the technical or scientific organisation, in which the research structure, the results of the research project, the project is described as a landline innovation project and the contribution of the technical or scientific organisation to the project.
4 The grant recipient or partnership, or one of the participants in a grouping, shall simultaneously submit the scientific or technical report referred to in the third paragraph with the submission of the application. subsidy claim, for a period of three years, available on its website.
The Minister shall decide on an application for the grant of grant, in so far as the eligible costs are: Article 1.3 , less than € 500 000.
No intellectual property rights shall be established on the results of a land-based innovation project.
1 An advance may be granted as referred to in Article 2.14 .
2 An application for an advance shall in any event be submitted at the same time as an intermediate reporting as referred to in Article 2.18, first paragraph .
3 An application for an advance may also be made at another time. In this case, it shall be accompanied by a description of the progress of the land-based innovation project.
4 An application for an advance shall be accompanied by information on net income generated, as referred to in Article 39, sixth and seventh paragraph, of Regulation 508/2014.
1 In the case of the grant of the grant, the estimated net income is to be calculated as Article 3.3.4 (c) , deducted from the eligible costs.
2 If in the case of the provision of an advance as referred to in Article 3.3.14, first paragraph In the case of the subsidy claim, it appears that the net income referred to in Article 39 (6) and (7) of Regulation 508/2013, rather than exceeding the eligible costs, is higher than the eligible costs, and that the eligible costs are to be borne by the eligible costs. subtracted.
Without prejudice to Articles 2.20 and 3.1.5 , the application for the grant of subsidy shall in any case include:
a. A scientific or technical report as referred to in Article 3.3.11, third paragraph ;
b. a statement from the technical or scientific organization that the research design complies with scientific standards that are considered acceptable in social traffic and that the results are sufficiently scientific Underpinned;
c. data on net income generated pursuant to Article 39, sixth and seventh paragraph of Regulation 508/2014;
d. The number of the fishing vessel deployed in the fleet register, including a fishing vessel deployed in the framework of a land-based innovation project;
e. the address of the website, intended in Article 3.3.11, fourth paragraph , to which the scientific or technical report is made available.
This Title shall expire on 1 September 2020, except that it shall continue to apply to subsidies granted before that date.
For the purposes of this Title, a performance improvement project shall be understood as a project which:
(a) to develop or develop and implement knowledge aimed at improving returns in fishing by means of:
1 °. cost savings;
2 °. Value multiplication; or
3 °. better interconnecting supply and demand; and
b. fits within one of the objectives referred to in Article 26, first paragraph, of Regulation 508/2014.
The Minister shall grant an application for a subsidy for the implementation of a return improvement project:
a. A producer organisation for fishery products;
b. participants in a cooperative venture between fisheries undertakings or producer organisations for fishery products;
(c) participants in a consortium of one or more fisheries undertakings and one or more producer organisations for fishery products; or
d. participants in a grouping of at least one fisheries undertaking or producer organisation for fishery products and one or more operators from the fisheries sector, which cannot be considered as a fisheries undertaking.
A return improvement project shall be carried out with the active involvement of a scientific or technical organisation, which validates the results of the project.
Without prejudice to Articles 2.9 and 3.1.4 , in any event, it shall contain an application for the grant of the grant:
a. data showing how the active involvement, intended in Article 3.4.3 , will be secured from a technical or scientific organisation to the return improvement project;
b. a statement from a scientific or technical organization which shows that it is prepared to Article 3.4.3 Defined role, in accordance with the data referred to in subparagraph (a).
The Minister distributes the subsidy ceiling for return improvement projects in order of ranking of applications as referred to in Article 3. Article 2.4, part b .
The Minister shall arrange for an application for a return improvement project, which shall not be dismissive, as it shall:
a. contributes more to cost saving, value multiplication or to interconnecting demand and supply (25%);
b. has a more innovative character (25%);
c. has a more economic or technical perspective for application on a practical scale (20%);
d. has a higher irradiation effect for other enterprises (15%);
e. has a more ecologically sustainable character (10%);
f. a wider range of people involved (5%).
Without prejudice to Articles 1.5 and 3.1.2 , operating costs as referred to in Article 25 (2) of Regulation 508/2014 are not eligible for subsidy.
1 The subsidy shall be 50% of the eligible costs.
2 By way of derogation from the first paragraph, the grant shall be 30% of the eligible costs for undertakings which are not SMEs.
3 The subsidy shall not exceed € 375,000 per return improvement project.
1 The implementation of the return improvement projects supported under this Title shall be initiated after the date of receipt of the grant application, as referred to in Article 1 (2) of the Agreement. Article 2.9 But no later than 12 months after the granting of the grant.
2 The return improvement projects supported under this Title shall be completed within 36 months of the grant of the grant.
Article 3.1.7 shall apply to owners of fishing vessels receiving a grant under this Title.
The Minister shall decide on an application for the grant of grant, in so far as the eligible costs are: Article 1.3 , less than € 500 000.
1 An advance may be granted as referred to in Article 2.14 .
2 An application for an advance shall in any event be submitted at the same time as an intermediate reporting as referred to in Article 2.18, first paragraph .
3 An application for an advance may also be made at another time. In this case, it shall be accompanied by a description of the progress of the return improvement project.
Without prejudice to Articles 2.20 and 3.1.5 , in any case, the application for the grant of aid shall contain a statement by the technical or scientific organisation that it has the role to be used in the case of Article 3.4.4, part b , has actually completed and validated the results of the project in accordance with Article 3.4.3 .
This Title shall expire with effect from 1 January 2021, subject to the application of subsidies granted before that date.
For the purpose of this Title:
aquaculture: aquaculture as referred to in Article 4, first paragraph, Section 25, of Regulation 1380/2013;
Aquaculture innovation project: project that:
(a) the aim of stimulating innovation in aquaculture,
b. fits within one of the objectives referred to in Article 47, first paragraph, of Regulation 508/2014; and
c. If it relates to microalgae culture, in addition to the husk of shellfish;
Aquaculture undertaking: undertaking which is an aquaculture undertaking as referred to in Article 46 (1) of Regulation 508/2014;
Aquaculture products: aquaculture products as referred to in Article 4, first paragraph, part 34, of Regulation 1380/2013.
The Minister shall grant an application for a grant for the implementation of an aquaculture innovation project:
a. an aquaculture undertaking; or
b. Participants in a cooperative venture of aquaculture undertakings.
An aquaculture innovation project shall be carried out with the active involvement of a scientific or technical organisation, which validates the results of the project.
Without prejudice to Articles 2.9 and 3.1.4 , in any event, it shall contain an application for the grant of the grant:
a. data showing how the active involvement, intended in Article 3.5.3 , will be secured from a technical or scientific organisation to the aquaculture innovation project;
b. a statement from a scientific or technical organization which shows that it is prepared to Article 3.5.3 Defined role, in accordance with the data referred to in subparagraph (a).
(c) an independent market analysis which clearly demonstrates that there are good and sustainable market prospects for the product to which the aquaculture innovation project is targeted, in accordance with Article 46 (2) of Regulation 508/2014;
d. a statement from the grant applicant that the aquaculture innovation project is not related to the culture of genetically modified organisms as intended Article 1.1 of the Genetically Modified Environmental Management Decision 2013 ;
e. if the aquaculture company is engaged in the cultivation or cultivation of aquaculture products for less than two years, a business plan and, if its eligible costs exceed € 50,000, a feasibility study including a environmental assessment of its share of the aquaculture innovation project, in accordance with Article 46, second paragraph, of Regulation 508/2014.
The Minister distributes the subsidy ceiling for aquaculture innovation projects in order of ranking of applications as referred to in Article 2.4, part b .
1 The Minister shall arrange for an application for an aquaculture innovation project, which shall not be dismissive, as it shall:
a. Greater improvement of the economic performance of the activities of the grant applicant (20%);
b. has a greater impact on the development of sustainable aquaculture (35%);
c. has a more economic or technical perspective on practical scale (35%);
d. has a higher irradiation effect for other companies (10%).
1 The subsidy shall be 50% of the eligible costs.
2 By way of derogation from the first paragraph, the grant shall be 30% of the eligible costs for aquaculture undertakings which are not SMEs.
3 The subsidy amount to a maximum of € 500,000 per aquaculture innovation project.
1 The implementation of the aquaculture innovation projects supported under this Title shall be implemented after the date of receipt of the grant application, as referred to in Article 1 (2) of the Agreement. Article 2.9, first paragraph But no later than 12 months after the granting of the grant.
2 Aquaculture innovation projects supported under this Title shall be implemented within 36 months of the grant of the grant.
3 The Minister may, at the request of the grant recipient, waive the obligations laid down in paragraphs 1 and 2 in the case of the grant recipient, if the subsidy recipient:
a. Within 6 months of the grant of the grant, the necessary permits and exemptions, Article 3.5.9, first paragraph , has requested, and
(b) within 12 months of the granting of the grant, does not possess the licences and exemptions referred to in point (a), whereas this is not attributable to him.
1 The grant recipient wishing to implement an aquaculture innovation project shall ensure, before launching the project, that it has all the necessary permits and exemptions in the environmental field.
2 The grant recipient shows that he possesses all necessary permits and waivers as referred to in the first member in the interim reporting. Article 2.18, first paragraph , or, where this is earlier, in the application for an advance as referred to in Article 3.5.11 .
The Minister shall decide on an application for the grant of the grant, provided that:
a. Eligible costs, as referred to in Article 1.3 , less than € 700,000 amounts;
b. by market analysis referred to in Article 3.5.4 (c) , it cannot be clearly demonstrated that there are good and sustainable market prospects for the product on which the aquaculture innovation project is targeted;
c. by, if applicable, the business plan and the feasibility study including the environmental assessment, intended in Article 3.5.4, part e , it cannot be clearly demonstrated that the aquaculture innovation project is feasible;
d. the aquaculture innovation project is related to the culture of genetically modified organisms as intended Article 1.1 of the Genetically Modified Environmental Management Decision 2013 , pursuant to Article 46 (4) of Regulation 508/2014;
e. the aquaculture innovation project is aimed at the farming culture of ornamental fish;
f. the aquaculture innovation project is aimed at animals that are not allowed to be kept on the basis of the Animals law ;
g. the aquaculture innovation project is focused on aquaculture products under Regulation (EC) No 238/EC. No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (PbEU 2004, L 226) should not be placed on the market.
1 An advance may be granted as referred to in Article 2.14 .
2 An application for an advance shall in any event be submitted at the same time as an intermediate reporting as referred to in Article 2.18, first paragraph .
3 An application for an advance may also be made at another time. In this case, it shall be accompanied by a description of the progress of the aquaculture innovation project.
Without prejudice to Articles 2.20 and 3.1.5 , the application for the grant of subsidy shall in any case include:
a. A statement from the technical or scientific organization that it is the role, intended Article 3.5.4, part b , has actually completed and validated the results of the project in accordance with Article 3.5.3 , and
b. if the situation, as described in Article 3.5.9, second paragraph , it has not occurred, information showing that the grant recipient holds all necessary permits and waivers as referred to in Article 3.5.9, first paragraph.
This Title shall expire with effect from 1 April 2021, except that it shall continue to apply to subsidies granted before that date.
For the purpose of this Title:
Paying agency: paying agency as referred to in Article 7, first paragraph, of Regulation 1306/2013 ;
Farmer: active farmer as referred to in Article 36, second paragraph, of Regulation 1305/2013 ;
Open crops: open crops of the field of arable crops, whole-earth vegetable growing, bulb farming, ornamental horticulture, fruit farming and nurseries;
Premium: Premium referred to in Article 1: 1 of the Law on Financial Supervision ;
Damage expert: expert to respect the Code of Conduct of Insurers ' Associations of Insurance and a Code of Conduct equivalent to that;
Insurer: insurer referred to in Article 1: 1 of the Law on Financial Supervision ;
Insurance: insurance as intended Article 1: 1 of the Law on Financial Supervision ;
Regulation 1306/2013: Regulation (EU) 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Regulations (EEC) No 1418/EEC 352/78 , (EC) No 165/94 , (EC) No 2799/98 , (EC) No 814/2000 , (EC) No 1290/2005 and (EC) No 485/2008 of the Council (PbEU L 347);
Regulation 809/2014: Regulation (EU) Commission Regulation (EC) No 809/2014 of 17 July 2014 laying down detailed rules for the application of Regulation (EU) No 249/2014 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross-compliance (PbEU L 227/69);
insurance policy: proof of insurance between the farmer and the insurer.
1 The Minister provides a subsidy to a farmer in the form of a financial contribution for the premium for insurance against the financial consequences of adverse weather conditions, which Article 4.1.11 has been approved.
2 The farmer who wishes to qualify for the subsidy referred to in paragraph 1 shall use the single application for the purpose of the application, as referred to in Article 2 (1) (b). Article 4.2 of the Implementing Regulation direct payments CAP .
3 The farmer shall submit before 1 November of the year in which he submits the application, as referred to in the second paragraph, to the Article 4.1.8 the data mentioned above. The supporting documents shall be presented in writing, provided that they cannot be produced electronically.
4 The applicant shall be exempt from the obligation referred to in the third paragraph in so far as the supporting documents are provided by the insurer before the expiry of the period referred to in that paragraph.
5 Article 2.3, second paragraph of the Implementing Regulation, CAP direct payments shall apply mutatis mutandis to a farmer as referred to in the first paragraph.
1 Without prejudice Article 1.2 , no subsidy shall be granted to the extent that the farmer is receiving a different contribution from the public authorities for the premium provided for in Article 4.1.2, first paragraph .
2 No subsidy shall be granted if the farmer does not produce his cultivation against all adverse weather conditions mentioned in: Article 4.1.13 -It's insured.
3 No grant shall be granted for the premium paid for the insurance of open crops on agricultural land located outside the Netherlands.
1 The grant amounts to 65% of the insurance premium, excluding taxes.
2 The subsidy covers only the area of the insured parcels declared as such by means of the single application.
If the subsidy ceiling is exceeded, the percentage of the subsidy shall be: Article 4.1.4, first paragraph -reduced proportionally.
1 The Minister shall decide on an application for grant if:
a. The applicant does not comply Article 4.1.2, third paragraph ;
b. The applicant either in case he granted a power of attorney as intended in Article 4.1.9 , the part of the insurance premium corresponding to the entire insurance premium reduced by the subsidy applied for under this scheme, or if the applicant has not granted a power of attorney as referred to in Article 4.1.9, the full amount of the insurance premium granted under this scheme. insurance premium, has not been paid before 1 November of the year of the application; or
c. No permission as intended Article 4.1.8, first paragraph, points (d) and (e) -It's been given.
2 If the subsidy granted is less than the subsidy applied for as a result of a reduction in the subsidy fixed by decision of the Minister, the farmer shall pay the premium corresponding to the difference before 1 July following the year of to comply with the application to the insurer.
The Minister shall decide on an application for grant aid no later than 15 May of the year following the year of the application.
The applicant shall submit the following information to the Minister:
a. the insurance number of the insurance;
b. A copy of the insurance policy;
c. proof of payment of the part of the insurance premium provided for in Article 4.1.6, first paragraph, part b, and second paragraph ;
d. consent to the Minister for processing personal data for the purposes of verifying compliance with this scheme;
e. consent to the Minister to exchange parcel data with the insurer for the purpose of controlling compliance with this scheme;
f. a statement that he is aware of all the conditions for obtaining this grant;
g. the name of the insurer with whom the insurance is concluded; and
h. a statement that he does not secure more than one occasion for the same damage.
1 Payment of the subsidy, referred to in Article 4.1.2 , shall be in accordance Article 4:89, fourth paragraph, of the General Law governing the administrative law and in accordance with a proxy provided by the applicant for that purpose as specified in Title 3 of Book 3 of the Civil Code , to the insurer with whom the farmer has entered into the insurance scheme.
2 In the absence of a power of attorney referred to in paragraph 1, payment shall be made by reference to a bank account specified by the applicant.
1 An insurer shall submit an application to the Minister before 1 February for the approval of the terms and conditions of insurance.
2 The application referred to in the first paragraph shall be accompanied by:
(a) an underpinning of the premium;
b. a statement from the insurer that he keeps available to the Minister for at least four calendar years after the end of the insurance, his records relating to the conditions of insurance are at least four calendar years after the end of the insurance policy;
c. the standard model of the insurance policy; and
d. documents in which the insurer proves to the satisfaction of the Minister that the insurance conditions comply with the provisions of this Arrangement.
The Minister shall decide within 22 weeks of the application referred to in the first paragraph.
1 The Minister shall only grant approval to the insurance conditions if:
(a) the financial loss of the farmer shall be covered:
1 °. in so far as this exceeds 30% of the average annual production in the last three years or of the average production of three of the last five years in which the highest and lowest production of these five years is not taken into account,
2 °. that is the result of a lower yield in quantity or quality,
3 °, which occurs on a contiguous piece of land on which a single crop is grown; and
4 °. that is reasonably attributable to adverse weather conditions as referred to in Article 3 (2). Article 4.1.13 ;
(b) all open crops may be insured;
c. No requirements shall be imposed on the nature or quantity of future production by the insured person;
(d) the condition is stated that the damage is determined by an injury expert;
e. does not transfer the insurer to the extent to which the farmer receives a concession in the damage which leads to him receiving more compensation than he has suffered;
f. Only one return for the same event on the same crop;
g. the insurance shall be entered into for a period of 12 months;
h. The insurance does not cover for:
1 °. taken preventive measures; and
2 °. Disposal measures taken under the insurance policy or Article 7:957 BW , but no loss as referred to in subparagraph (a) has occurred;
i. the insurer is granted permission by the insured person to process his personal data for the purposes of checking compliance with this scheme;
j. the insurer declares that it does not secure the same damage from the farmer more than once;
k. the insurer declares that it uses all the subsidy amounts received to comply with the premium ota of the farmer concerned in accordance with the terms of this scheme; and
L. the insurer declares that the Minister is informed of any adjustments made to the insurer ' s administration, in so far as these adjustments have negative effects on the reliability of the data contained therein.
2 The minister grants the approval for a period of one year, and may attach further rules to the approval.
1 The approval provided for in Article 4.1.11, first paragraph , at the insurer's request, it may be extended for a period of one year.
2 The minister agrees to the request for renewal of approval if the insurance conditions remain unchanged or do not constitute non-essential changes.
3 The insurer shall submit a request for renewal of the approval to the Minister before 1 December and shall report any changes to the conditions of insurance.
4 The Minister shall decide within six weeks at the request of the first paragraph.
1 Under adverse weather conditions, in any case:
a. weather conditions which, according to a damage expert or the Royal Netherlands Meteorological Institute, can be equated with a natural disaster; and
b. Any of the following weather conditions:
1 °. rainfall;
2 °. drought;
3 °. (night) vorst;
4 °. snow;
5 °. Ijzel;
6 °. Storm;
7 °. hail, or
8 °. fire by lightning discharge.
2 The weather conditions referred to in paragraph 1 shall be deemed to have been approved in advance by the Minister referred to in Article 37, second paragraph, of the Regulation 1305/2013 . In addition, after consultation with the inter-branch organisation of insurers, the Minister may also recognise other adverse weather conditions.
1 By way of derogation from Article 4.1.11, first paragraph, part a, below 1 ° , insurance may also benefit from a financial loss of 30% or less, provided that the insurer distinguts to the satisfaction of the Minister from which part of the premium is related to compensation for the financial loss of the farmer 30% or less. In that case, the aid relates only to the part of the premium which is to be covered by insurance conditions which are in accordance with the provisions of this scheme.
2 The distinction, referred to in paragraph 1, must be clearly defined in the terms of insurance.
3 By way of derogation from Article 4.1.11, first paragraph, part g , an insurance may be entered into for more than 12 months, provided that the premium is paid annually and the annual premium relates to the production of a 12-month period.
4 The Minister publishes a list of the approved insurance on the website of the National Service for Indirect Netherlands.
1 By way of derogation from Article 4.1.11, first paragraph, part d , the damage may be determined on the basis of a calculation model.
2 The model of calculation shall be approved by the Minister together with the conditions of insurance.
3 The Minister shall only approve the calculation model if the insurer demonstrates that the results of the calculation model are similar to an injury assessment by an injury expert. To that end, the calculation model shall contain at least the necessary information to determine the damage to be found in the farm-specific data of the agricultural holding such as the crop and the land species at the parcel level and the actual agricultural holding. weather condition causing the damage.
4 The insurer examines each use of the computational model using a sample. The results shall be made available to the Minister.
The Minister shall give effect, where appropriate, to Article 54, first and third paragraphs, and Article 56 of Regulation 1306/2013 .
The Minister shall carry out the checks provided for in Article 59 of this Regulation. Regulation 1306/2013 .
(1) The Minister shall decide not to pay or cancel all or part of the grant in accordance with Article 63, first paragraph, of Regulation 1306/2013 .
2 The Minister shall propose the penalties provided for in Article 63, second paragraph, of Regulation 1306/2013 , having regard to Article 64 of Regulation 1306/2013 .
The Minister shall, in the performance of the powers referred to in paragraphs 1 and 2 of this Article, apply to Article 63 of the Regulation 809/2014 .
This Title shall expire with effect from 21 January 2020.
For the purposes of this Chapter:
audit authority: designated authority as such by the Minister;
certifying authority: designated authority as such by the Minister;
Financial instrument: financial instrument referred to in Article 37, first paragraph, of Regulation 1303/2013 ;
programme grant: grant granted to an authority of a cross-border programme for the financing of projects falling within that cross-border programme;
Regulation 1299/2013: Regulation (EU) 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for support from the European Regional Development Fund to achieve the European territorial cooperation objective (PbEU 2013), L347).
This Chapter shall expire on 1 December 2019.
1 The managing authority shall provide funding for activities appropriate within the programme for which the managing authority has been designated.
2 A grant as referred to in paragraph 1 may be granted in the form of a contribution to a financial instrument.
1 The managing authority shall establish a subsidy ceiling or two or more sub-ceilings for the implementation of this scheme and the method of distribution of the amount available below the relevant ceiling.
2 The managing authority may allocate an available grant amount for one or more financial instruments.
3 The managing authority shall establish the criteria referred to in Article 125, third paragraph, of Regulation 1303/2013 , which shall be used in the manner of distribution, as referred to in paragraph 1.
An application for subsidy shall be made using a means made available by the managing authority.
1 The managing authority shall provide a decision on an application for grant aid within 26 weeks.
2 In the case of the distribution of an available grant amount, as referred to in Article 5.2.6, part b The period shall begin, as referred to in paragraph 1, on the first day following the end of the application period.
1 The managing authority shall decide on an application if:
a. The total eligible cost of the project is less than € 200,000;
b. the project does not comply with this scheme, the ERDF Regulations, or the method of distribution of the available amount, intended in Article 5.2.2, first paragraph ;
(c) the project does not sufficiently contribute to the achievement of the specific objectives within the programme or part of the programme for which the subceiling has been made available;
d. the applicant has failed to meet any legal requirement for pending application at the final date of filing in the case of distribution as intended. Article 5.2.6, part b ;
e. the managing authority by allotment would not meet any of the obligations laid down in Article 125 of Regulation 1303/2013 , or
f. the applicant is an economic operator against whom an order for recovery is issued as referred to in Article 1 (4) (a) of Commission Regulation (EU) No 651/2014 of 17 June 2014 granting certain categories of aid under the Articles 107 and 108 of the Treaty are deemed to be compatible with the internal market (PbEU L 2014, 187).
2 The managing authority may decide, in whole or in part, on an application if it appears that the planned funding will not be granted in whole or in part by the other funders.
3 The managing authority may, by way of derogation from the first paragraph, introductory sentence and subparagraph a, in the manner of distribution, referred to in Article 5.2.2, first paragraph , provide that the first paragraph, part (a), does not apply to grants to SMEs.
4 The first paragraph, part a, does not apply to the provision of subsidy by the management authority of the program, referred to in Article 5.4.2, first paragraph, part d .
Subject to the contribution to a financial instrument referred to in Article 5.2.2, second paragraph , the managing authority distributes an available grant amount
a. on the order of receipt of the applications, in accordance with Article 5.2.7 or
b. On the basis of ranking for fitness, according to Article 5.2.8 .
1 According to the order of reception, intended in Article 5.2.6, part a , the first application received is the first to qualify for the grant.
2 If an applicant has failed to comply with any legal requirement for consideration of the application and with application of Article 4: 5 of the General Administrative Law Act has had the opportunity to supplement the application, the date on which the application complies with the legal requirements as the date of receipt shall be applied.
3 If, on the day the subsidy ceiling is reached, the managing authority receives more than one application, it shall determine the ranking of those applications by drawing lots.
1 According to the classification for suitability, intended in Article 5.2.6, part b , the highest-ranked application shall be eligible for the first time.
2 In so far as the subsidy ceiling is likely to be exceeded, the managing authority shall determine the ranking of those applications which are ranked by lot by drawing lots for the assessment.
1 The grant recipient shall implement the project in accordance with the project plan to which the grant of the grant relates and shall complete the latest on the time at which the grant is granted.
2 The provisions of Article 71, first paragraph, of Regulation 1303/2013 shall be reduced to three years in the case of the retention of investments or employment created by SMEs.
An amendment to a project for which a grant is granted
a. The grant recipient,
b. the activities to be carried out or the objectives to be achieved,
c. the financing of the project; or
d. the schedule or duration,
is subject to the approval of the managing authority.
The recipient of the subsidy shall notify the managing authority in writing as soon as it is likely that
(a) the activities for which a grant has been granted will not be carried out in due time or in full, or
(b) not, not in good time or in good time, or in full compliance with the obligations attached to the decision on the granting of the grant of the grant.
The recipient of the subsidy shall carry out an administration which shall be so arranged that all costs incurred and paid by him and the proceeds attributable to the project can be read out at any time and in a clear manner. specified, except that in respect of the costs specified in: Article 1.4, first and second paragraphs , a check-out period of time verifiable by an insightful period of time per employee shall be available.
1 The managing authority may commit obligations to the grant.
2 The managing authority commits such obligations to the grant that the grant recipient grants to the certifying authority and the audit authority the cooperation they need for their task performance.
An application for subsidy setting shall be made using a means made available by the managing authority.
The managing authority shall provide a decision on an application for the grant of aid within 26 weeks.
The Minister provides upon application grants to the person who creates a project that fits into a programme and contributes to the realization of the State policy in the field of innovation or low-carbon economy.
1 The subsidy ceiling for grants as referred to in Article 5.3.1 for the entire program period:
a. for the programme which covers the provinces of Groningen, Friesland and Drenthe: € 18,573,000;
b. for the programme which covers the provinces of Overijssel and Gelderland: € 17.991,000;
c. for the programme which covers the provinces of Limburg, North Brabant and Zeeland: € 20,384,000;
d. for the program that covers the provinces of South Holland, North Holland, Utrecht and Flevoland: € 34,052,000.
2 The amount available for co-financing shall be made available in annual instalments.
The Minister decides to reject an application for a grant if the project does not contribute sufficiently to the realization of the project in question. Article 5.3.1 the State policy or the grant applicant is not eligible for subsidy on the basis of Section 5.2 .
By way of derogation from Chapter 2 , are the Articles 5.2.3 to 5.2.15 applicable mutatis mutandis.
The Minister shall provide on request a programme grant.
1 The subsidy ceiling for grants as referred to in Article 5.4.1 for the entire program period:
a. for the program that the provinces of Groningen, Friesland, Drenthe, Overijssel, Flevoland, Gelderland and the COROP-areas Northeast-North Brabant, Southeast North Brabant, North Limburg, Central Limburg, and the eligible German territories covers: € 22,300,000;
b. for the programme which covers the provinces of Zeeland, North Brabant, Limburg, and the eligible Flemish regions: € 14,900,000;
c. for the programme which the Province of Zeeland and the COROP areas Head of North-Holland, Alkmaar and surroundings, IJmond, Agglomeration Haarlem, Agglomeratie ' s-Gravenhage, Delft and Westland, Agglomeration Leiden and Bollenstreek, Great-Rhine-mouth, Southeast-South-Holland, West-North Brabant, as well as the eligible English, Belgian and French territories covers: € 8,200,000, and
d. for the programme which covers the COROP areas of Central Limburg, South Limburg, South-East North Brabant and the eligible Belgian and German territories: € 3.600,000.
2 The Minister shall grant an advance once a year.
3 Interest income on an advance payment shall be used in the same way as the programme grant.
1 The recipient of a programme grant does not finance any projects from the programme grant without prior written consent of the Minister.
2 The Secretary of State shall abstain from the agreement referred to in paragraph 1 if:
a. the project does not comply with Regulation 1303/2013 , Regulation 1301/2013 , Regulation 1299/2013 or this arrangement, or
(b) the planned financing by the other funders has not been applied for or is not fully applied for or will not be granted in full.
3 In addition to the second paragraph, the Minister shall abstain if the project does not contribute adequately to at least four of the following aspects:
a. the development of new knowledge or innovation or the application of knowledge into new projects, services, organisational forms, processes, markets or combinations of such knowledge;
b. improve the connection between education and labour market or labour mobility;
c. contribute to the realisation of a low-carbon economy;
d. efficient handling of raw materials;
e. economic structural reinforcement within economic sectors or in the programme area;
f. the participation of, or a broad and intensive collaboration with, a relevant consortium;
g. plausibility of market prospects or chances of a sequel;
h. the realization of government policies in the field of innovation, low-carbon economy, efficient handling of raw materials or improving the connection between education and the labour market;
(i) a cross between priority sectors or a cross between a priority sector and one of the following sectors:
1 °. Nanotechnology;
2 °. ICT;
3 °. circular economy; or
4 °. Smart industry.
4 The third paragraph does not apply to projects in the Technical Assistance Priority.
1 The duty which was the same as that before 1 July 2015 shall continue to apply to:
(a) applications for the grant of subsidies submitted for that date on the basis of the Implementing ERDF ERDF programme period 2014-2020 or the Scheme Subsidisation wide weather insurance ;
b. Grants granted for that date on the basis of the Implementing ERDF ERDF programme period 2014-2020 or the Scheme Subsidisation wide weather insurance , and
c. Grants established for that date on the basis of the Implementing ERDF ERDF programme period 2014-2020 or the Scheme Subsidisation wide weather insurance .
2 The duty shall continue to apply as from 1 January 2016 to:
(a) applications for the grant of subsidies submitted for that date on the basis of the LNV subsidy scheme ;
b. Grants granted for that date on the basis of the LNV subsidy scheme , and
c. Grants established for that date on the basis of the LNV subsidy scheme .
1 The LNV subsidy scheme shall be withdrawn.
2 The Implementing ERDF ERDF programme period 2014-2020 shall be withdrawn.
3 The Scheme Subsidisation wide weather insurance shall be withdrawn.
This arrangement shall enter into force from 1 July 2015, with the exception of: Article 6.3, first paragraph , which shall enter into force with effect from 1 January 2016.
This arrangement is cited as: Scheme European EZ subsidies.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 28 June 2015
TheState Secretary
of Economic Affairs,S.A.M. Dijksma
Regulation 1303/2013 Makes it possible to accept copies or completely digital documents as evidence. This Annex provides the fifth paragraph of Article 140, which shall be as amended as: Regulation 1303/2013 set out procedures for documents relating to the implementation of this scheme and accountability on the basis of Regulation 1303/2013 can be used.
The following documents shall be accepted as supporting documents:
a. Photocopies of originals;
b. Microfiches of originals;
c. Electronic versions of originals;
d. Electronic versions only, provided that the computer systems used comply with accepted security standards which ensure that the documents held comply with the legal requirements to be applied to them and that, in the case of checks, those documents may be supported.
The supporting documents referred to in points (a), (b) and (c) shall be those converted into documents or data media. The conversion of the original to the converted document or data carrier shall comply with the following conditions:
• all data is transferred;
• the content of all data is transferred correctly;
• ensure that the new data carrier is available throughout the retention period;
• the converted data may be reproduced and legible within a reasonable period of time;
• ensure that the control of the converted data can be carried out within a reasonable period of time;
• the recipient of the subsidy also guarantees the authenticity of the converted supporting documents by, inter alia, establishing a relationship with the other supporting documents in the project dossier. For example, an invoice includes a payment certificate, a certificate of participation, or a piece of evidence in relation to the procurement procedure.
The purpose of the various supporting documents shall be to ensure the authenticity of the converted document or data carrier and to be able to rely on it for control purposes.
If the conversion is done correctly, it is no longer necessary, in the context of accountability, to retain the supporting documents on the original data medium. The converted piece of proof may not be allowed to be changed after conversion.
Where a grant recipient makes use of electronic documents consisting exclusively of an electronic version, the automated systems shall be provided with management and security measures ensuring reliability, authenticity, and Ensure integrity of the electronic data throughout the required retention period. It is up to the grant recipient to demonstrate this. For a pair of common situations, the requirements are detailed below:
1. Digital Hours Administration:
In order to meet the reliability, authenticity and integrity requirements of the electronic data, the subsidy recipient should be able to demonstrate that:
• The function separation within the system shall be ensured;
• Determinations made after according by the supervisor shall not be changed.
It is up to the grant recipient to demonstrate this.
2. Invoices that are digitally transmitted:
in order to meet the reliability, authenticity and integrity of the electronic data, the grant recipient can demonstrate through the mutual relationship with other documents (such as a payment certificate) that can be used for control purposes. supported on the digital invoice.
