Key Benefits:
ACT
of 30 April 2004
of proceedings in matters relating to public aid 1)
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act lays down the rules of procedure in matters concerning State aid which satisfies the conditions laid down in Article 4. 87 (1) Article 1 (1) of the Treaty establishing the European Community, hereinafter referred to as "public aid", including:
1) proceedings concerning the preparation for the notification of projects of aid schemes, individual aid projects and projects of individual aid for restructuring;
2) the rules of cooperation of the President of the Office of Competition and Consumer Protection, hereinafter referred to as the "President of the Office", and the Minister of the competent agricultural affairs with entities drawing up aid programs, entities providing assistance, entities applying the aid and the beneficiaries of the aid, in the field of State aid;
3) the principle of representing the Republic of Poland before the Court of Justice and the Court of First Instance in matters of public aid;
4) the rules and mode of reimbursement of public aid;
5) the rules for the monitoring of public aid.
Article 2. [ Definitions] Whenever there is a law in the law:
1) the Commission-this is to be understood by the European Commission;
(2) Council Regulation-this is to be understood by Council Regulation (EC) No 659/1999 of 22 March 1999 (OJ 1999 L 31, p. laying down detailed rules for the application of Article Article 93 of the EC Treaty (Dz. Urz. EC L 83 of 27.03.1999);
(3) aid granted under block exemptions-this must be understood by public aid which is not subject to the obligation to notify, in accordance with the Commission regulations issued on the basis of Article 3 (1) of Regulation (EC) No 133tive 1 of Council Regulation (EC) No 994/98 of 7 May 1998 (OJ L L thereof, p. concerning the application of Article 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (Dz. Urz. EC L 142 of 14.05.1998, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 8, t. 1, str. 312);
4) (repealed);
4a) (repealed);
(5) individual aid-this must be understood by the aid referred to in Article 3 (1) (a). 1 litas e Council Regulations;
6) individual aid for restructuring-this is to be understood by the individual aid provided for in the restructuring plan laying down measures to restore the entrepreneur's long-term ability to compete on the market, in the In particular, the way in which these activities are financed, including by public aid;
(7) the aid scheme, which must be understood as a normative act, which fulfils the conditions laid down in Article 4 (1) (a) of the EC Regulation. 1 litas d the Council Regulation;
(8) unlawful aid-this must be understood by the aid referred to in Article 3 (1) (a) of the Regulation. 1 litas f of the Council Regulation;
(9) aid used for the misuse of aid, which must be understood by the aid referred to in Article 3 (2) of the EC Regulation. 1 litas g of the Council Regulation;
(10) de minimis aid-that is to be understood, other than de minimis aid in agriculture or fisheries, aid which fulfils the conditions laid down in the relevant provisions of European Union law on de minimis aid other than de minimis aid in the agriculture or fisheries;
10a) de minimis aid in agriculture or fisheries-this should be understood by means of aid which fulfils the conditions laid down in the European Union's legislation on de minimis aid in agriculture or de minimis aid respectively in fisheries;
(10b) agriculture-this must be understood by the activities linked to the production, processing and marketing of agricultural products, as referred to in the European Union's state aid rules for small and medium-sized enterprises. activities related to the production, processing and marketing of agricultural products;
10c) fisheries-this should be understood by the activities linked to the production, processing and marketing of fisheries products, as referred to in the provisions of European Union law on the common organisation of the markets in fishery and aquaculture products;
(11) the date on which the aid was granted-this must be understood to mean the day on which the applicant has acquired the right to receive the aid, and where the grant of the aid in the form of a tax credit is based on a normative act, without the requirement for a decision:
(a) the date on which, in accordance with separate provisions, the time limit for the submission of a declaration or other document specifying the value of the aid shall expire, subject to point (b),
(b) the date on which, according to the separate provisions, the time limit for the submission of the annual statement, in the case of aid in the form of an income tax relief,
(c) the date of actual payment of the financial advantage-in the absence of an obligation to submit a declaration or other document specifying the value of the aid
-unless otherwise provided for in separate provisions;
(12) the aid provider, which is to be understood by the public authority or any other entity authorised to grant public aid, including the public undertaking referred to in Article 4 (1) of the EC law. 2. 1 point 4 of the Act of 22 September 2006. on the transparency of financial relations between public authorities and public entrepreneurs and on the financial transparency of certain entrepreneurs (Dz. U. Nr. 191, pos. 1411);
(13) the amount of the aid is to be understood as the value of the public aid expressed in monetary terms or the intensity of the public aid expressed as a ratio of the public aid value to the costs eligible for public aid;
14) (repealed);
(15) the notification, which shall be understood by the Commission's delegation, in accordance with the provisions of Article 88 of the EC Treaty, the draft aid scheme, the individual aid project or the individual restructuring aid project, together with the information necessary to assess the compatibility of the public aid with the common market;
(16) the beneficiary of the aid-this must be understood by the entity engaged in an economic activity, including the operator of agriculture or fisheries, irrespective of the organisational and legal form and the way in which it was financed public aid;
(17) economic activity, which must be understood by the economic activity to which the rules of competition laid down in the provisions of Part Three of Title VI of Chapter 1 of the Treaty establishing the European Community are applicable;
18) SHRIMP application-this is understood by the IT application, under the name System of Schedules, Registration and Monitoring of Public Aid, serving to monitor public aid other than public aid in agriculture or fisheries;
19) applications-this should be understood by an IT application to monitor public aid in agriculture or fisheries.
Article 3. [ Admissibility of the provision of public aid-EC Treaty] The rules governing the admissibility of public aid shall be laid down in 16, art. 36, art. 73 and Art. 86-89 of the EC Treaty.
Article 4. (repealed).
Article 5. [ Calculation of de minimis aid] 1. The calculation of de minimis aid does not include public aid granted under the aid scheme, individual aid and individual restructuring aid, approved by the Commission in accordance with Article 3 (1) (b) of the EC Treaty. 88 EC Treaty, block exemption aid, and de minimis aid in agriculture or fisheries.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the calculation of de minimis aid in agriculture or fisheries.
(3) Aid providers shall issue to the aid beneficiary a certificate stating that the public aid granted is de minimis or de minimis aid in agriculture or fisheries.
3a. Where the amount of de minimis aid actually granted is different from the value of the aid indicated in the certificate referred to in paragraph 1 above, the amount of the aid referred to in the first subparagraph shall be: 3, the aid granting agent shall, within 14 days of the date on which it is established, issue a new certificate referred to in paragraph 1. 3, in which it indicates the correct value of the aid and indicates the loss of validity of the previous certificate.
3b. The paragraph rule. 3a shall apply mutatis mutandis in the case of de minimis aid in agriculture or fisheries.
3c. The certificates referred to in paragraph 1. 3, shall be issued ex officiate.
4. The Council of Ministers shall determine by way of regulation, the form and content of the certificates referred to in paragraph 1. 3, and the time-limits or the manner in which they are issued, taking into account the need to ensure transparency of de minimis aid and de minimis aid in agriculture or fisheries granted to individual aid beneficiaries and to national monitoring the limit on the cumulated amount of de minimis aid in agriculture or fisheries.
Article 6. [ Public aid granted on the basis of a normative act] (1) The provisions on individual aid shall apply to State aid granted under a normative act which is not an aid scheme, subject to the provisions of paragraph 1 (2) of the basic Regulation. 2.
(2) State aid provided for in the legislative act, which makes the acquisition of the right to receive aid conditional only on the fulfilment of the conditions laid down in that act, without the need for a decision to be adopted or the conclusion of the contract, or where the decision is only to be adopted. confirms the acquisition of the law, it may be granted if the normative act is an aid scheme approved by the Commission in accordance with the provisions of Article 4 (1) of the EC Article 88 of the EC Treaty or providing for the granting of aid which is not subject to the notification obligation.
Article 7. [ Projects] (1) The draft aid scheme, the individual aid project or the individual restructuring aid project shall be notified.
2. The project of aid granted under the block exemption shall be notified if it is to be carried out by an entity developing an aid scheme or an aid provider.
(3) A draft aid scheme providing for the grant of de minimis aid shall be notified only to the President of the Office, who may, within a period of 14 days, present reservations concerning the transparency of the rules for the granting of aid.
(3a) A draft aid scheme providing for de minimis aid for agriculture or fisheries is subject only to the notification of a minister competent for agriculture which, within a period of 14 days, may present reservations concerning transparency the rules for granting aid.
3b. Article 3 (b) 3a shall not apply in the case of a draft aid scheme providing for the granting of de minimis aid in agriculture or fisheries being drawn up by the Minister responsible for agriculture.
(4) If the individual restructuring aid project has been approved by the Commission in accordance with Article 4 (4), 88 Treaty of the EC Treaty, the public aid which will be granted in accordance with the restructuring plan shall not be notified unless the Commission decision provides otherwise.
Article 8. [ Public Aid-Act of Local Law] 1. In the case of an aid scheme in which an act of local law provides for the provision of public aid in accordance with the conditions for granting aid laid down in the regulations issued on the basis of the laws containing the authorisation to issue acts of law local notification, only the draft of those Regulations shall be notified.
2. The body of the local government unit shall send to the President of the Office the act of local law referred to in the mouth. 1, within 30 days from the date of entry into force of that act.
Article 9. [ Notification] The notification shall also be subject to the amendment referred to in Article 4. 4 par. 1 of Commission Regulation (EC) No 794/2004 of 21 April 2004 on the implementation of Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article Article 93 of the EC Treaty (Dz. Urz. EU L 140, 30.04.2004, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 8, t. 4, str. 3, from late. zm.), approved by the Commission, in accordance with art. 88 EC Treaty, aid scheme, individual aid or individual aid for restructuring.
Article 10. [ Regional aid] 1. Regional aid, referred to in art. 87 (1) 3 lithium a, and lithium. The EC Treaty may be granted to the extent that the regional aid map is concerned.
2. the Council of Ministers shall determine, by way of regulation, a map of regional aid, specifying:
(1) the areas of the country where public aid is authorised and the maximum aid for those areas, taking into account, in particular, the level of gross domestic product per capita in the area concerned, and
2) the types of economic activities for which the granting of aid is not permitted and the types of economic activities for which the maximum aid amounts are different from the maximum aid amounts for the areas of the country, together with an indication of those the size, taking into account that the granting of regional aid to certain economic activities has a particularly negative effect on the conditions of competition in the common market.
3. The draft regulation referred to in paragraph. 2, shall be notified.
Article 11. [ Public aid value] (1) The value of the public aid shall be expressed in terms of monetary amount, which shall be calculated in such a way as to determine the amount which the beneficiary of the aid would have received if it had been granted in the form of a grant.
2. The Council of Ministers shall determine by way of regulation detailed modalities for the calculation of the value of public aid in various forms, taking into account in particular the need to ensure the comparability of the value of aid granted in different forms of aid. forms.
3. The equal value of the assistance in the euro shall be determined by the rate of average foreign exchange published by the National Bank of Poland in force on the date of the granting of the aid.
Chapter 2
The notification procedure
Article 12. [ Opinions of projects] (1) Projects of aid schemes, including those providing for aid under block exemptions and individual aid, as well as individual aid for restructuring, require the opinion of the President of the Office, and in the area of public aid in the agriculture or fisheries-the minister responsible for agriculture.
2. The project of individual aid granted within the framework of block exemptions does not require the opinion referred to in the paragraph. 1, unless its notification is requested by the aid provider. To be notified the provision of Article 1 18 (1) 2 shall apply mutatis mutandis.
3. The provision of the paragraph. 1 shall not apply in the case of draft aid schemes providing for the provision of public aid in agriculture or fisheries developed by the Minister responsible for agriculture.
4. The opinion referred to in paragraph 1 1, shall include in particular:
1) the position of whether the project provides for the provision of public aid;
2) position on the compatibility of public aid with the common market;
3) proposals for amendments made to ensure that the provisions of the project are compatible with the common market;
4) a position on the obligation to notify the project.
5. To the opinion referred to in paragraph. 1, the provisions of the Act of 14 June 1960 shall not apply. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. zm.).
Article 13. [ Proposal for an opinion] 1. With the request for an opinion referred to in art. 12 (1) 1, occurs in the case of a project:
(1) the aid scheme, the public authority drawing up the draft programme;
(2) individual aid-the operator of the aid;
(3) individual restructuring aid-an entity applying for this aid.
(2) An application for an opinion shall be accompanied by a draft aid scheme or a draft act on the basis of which the individual aid is to be granted, in particular the draft decision or agreement, and the information necessary for the opinion to be delivered, concerning the the addressees of the intended aid, the intended use, the form, the form, the size and the duration.
(3) In the case of an individual restructuring aid project, the request for an opinion shall be accompanied by the information referred to in paragraph 1. 2, the restructuring plan and the opinions of the entity or entities providing assistance with the possibility of granting it under the conditions set out in that plan.
(3a) The aid providers are required to deliver an opinion on the possibility of granting the aid referred to in paragraph 1. 3.
(b) Requests for an opinion referred to in Article 3. 12 (1) 1, together with the projects, information or restructuring plan attached to them, shall be provided in paper and electronic form.
4. The Council of Ministers shall determine, by means of a regulation, the detailed scope of the information referred to in paragraph 1. 2, and the elements to be included in the restructuring plan, taking into account the requirements laid down by European Union law in the field of notification.
Article 14. [ Date of opinion] The President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall issue an opinion as referred to in Article 4. 12 (1) 1, within 60 days, and in the case of the draft aid scheme-within 21 days from the date of receipt of the application accompanied by the information and documents referred to in art. 13.
Article 15. [ Additional explanations and information] 1. The President of the Office, and in the area of public aid in agriculture or fisheries, the minister responsible for agriculture, before giving the opinion referred to in art. 12 (1) 1, may request the authority drawing up the draft aid scheme, the aid provider, the aid applicant or any other competent body, to provide additional clarifications and information within the time limit.
2. If the authorities or bodies referred to in paragraph 1 The President of the Office, and in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall deliver an opinion on the basis of the information available to it within the prescribed period.
Article 16. [ Consent of the Council of Ministers to the notification] 1. Making the notification of a draft of an aid scheme requires the consent of the Council of Ministers.
2. The Council of Ministers shall adopt a resolution on the making of notification after hearing the opinion referred to in art. 12 (1) 1.
3. The Council of Ministers, together with the draft law constituting the aid program, shall inform the Marshal of the Sejm of the notification.
Art. 16a. [ Proceedings with a draft law which is an aid scheme developed by an entity which is not a public authority.] 1. In the case of a draft law which is an aid scheme developed by an entity not being a public authority, the competent authority pursuant to the Rules of Procedure of the Sejm shall apply to the President of the Office, and in the scope of public assistance in agriculture or fisheries, the minister responsible for agriculture, o:
1) the issue of the opinion referred to in art. 12 (1) 1;
2. the transfer to the Commission of the project for the purpose of its notification;
3) withdrawal of the notification of the project before the Commission takes the decision referred to in art. 4 and 7 of the Council Regulation;
4) the transfer, on behalf of the Republic of Poland, appeals against the decision of the Commission to the Court of Justice and the Court of First Instance in matters of public aid.
2. To the request for an opinion referred to in art. 12 (1) 1, the draft law constituting the aid scheme and the information necessary for the adoption of the opinion referred to in Article shall be attached to the draft law. 13 (1) 2.
Article 17. [ Opinion on non-compliance with the aid scheme project common market] In the case of the President of the Office, and in the field of State aid in agriculture or fisheries, the Minister responsible for agriculture, an opinion on the incompatibility with the common market of a draft aid scheme providing for the provision of assistance in the group exemption for which the operator of such a project has not requested notification, the President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall give an opinion to the of the Council of Ministers.
Article 18. [ Submission of the opinion] 1. In the case of a project of individual aid or a project of individual aid for restructuring, the President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall forward the opinion immediately, o Article 2 12 (1) 1, to the applicant for an opinion and to the entities providing assistance.
2. Within 14 days from the date of receipt of the opinion of the incompatibility with the common market of the project of individual aid or a project of individual aid for restructuring, the entity applying for an opinion may request the President of the Office, and within the scope of public aid in agriculture or fisheries, the minister responsible for agriculture, to give a notification of this draft, subject to paragraph. 3.
3. Where the opinion of the President of the Office and, in the field of public aid in agriculture or fisheries, of the minister responsible for agriculture, of the incompatibility with the common market concerns a project of individual aid for restructuring, the entity or the aid providers may change the opinion referred to in Article 13 (1) 3, notifying the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture, and the applicant for an opinion within 14 days from the date of its receipt.
4. The President of the Office, and in the field of public aid in agriculture or fisheries-the minister responsible for agriculture, shall not give a notification of the project:
(1) individual aid and individual restructuring aid, in the event of an unsuccessfully expiry of the period referred to in paragraph 1. 2;
(2) individual aid for restructuring, where:
(a) the aid applicant shall not submit an opinion on the possibility of granting the aid referred to in Article 4 (1). 13 (1) 3, in respect of each aid case,
(b) the aid provider in the amended opinion referred to in paragraph 1. 3, it will determine the impossibility of the aid.
Article 19. [ Introduction of changes to the project of the aid scheme] 1. In the case of the introduction of changes in the provision of public aid to the draft law being the aid program notified to the Commission, the Marshal of the Sejm shall submit to the President of the Council of Ministers a project with amendments; the President of the Office, and in the area of assistance for agriculture or fisheries, the minister responsible for agriculture, shall submit a draft amendment to the Commission with a view to complementing the notification.
2. In the case of amendments to the draft aid scheme, in part which is not the draft law, the individual aid project or the individual restructuring aid project notified to the Commission, the entity applying for the implementation of the aid scheme the notification shall be transmitted without delay to the President of the Office and, in the field of public aid in agriculture or fisheries, of the Minister for Agriculture, a proposal with amendments to supplement the notification.
3. The President of the Office, and in the scope of public aid in agriculture or fisheries-the minister responsible for agriculture, makes a supplement to the notification through the Permanent Representation of the Republic of Poland to the European Union in Brussels.
Article 20. [ Notification of the draft aid scheme, individual aid and individual restructuring aid] The President of the Office, and in the area of public aid in agriculture or fisheries-the Minister responsible for Agriculture, through the Permanent Representation of the Republic of Poland to the European Union in Brussels, makes a notification in project:
1) the aid scheme, as soon as the Council of Ministers has decided to make a notification;
(2) individual aid and individual restructuring aid, as soon as an opinion on the compatibility of the aid is given, or after receipt of a request for notification referred to in Article 4 (1) of the EC 18 (1) 2, subject to Article 18 (1) 3 and 4.
Art. 20a. [ Notification of the draft of the aid scheme and the consent of the Council of Ministers] The notification of a draft of an aid scheme established on the basis of an act of local law shall not require the consent of the Council of Ministers and shall be made immediately after the opinion referred to in Article 4. 12 (1) 1.
Chapter 3
Procedure before the Commission
Article 21. [ Proceedings before the Commission] 1. In the case of proceedings before the Commission as referred to in the Council Regulation, hereinafter referred to as 'proceedings before the Commission', the competent authority shall be the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for the matters referred to in paragraph 1. agriculture.
2. In connection with proceedings before the Commission, bodies of public administration which have drawn up draft aid schemes, assistants that have developed individual aid projects, applicants for assistance, the beneficiaries of the aid or other competent bodies shall submit to the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister for Agriculture, within the time limit set, the information necessary for the development of a response on questions from the Commission, explanations, comments or positions.
2a. To the extent necessary to reply to the Commission's questions, the President of the Office may require the bank to provide information on the basis of information constituting a bank secret within the prescribed time limit.
3. The President of the Office shall consult with the entities referred to in the paragraph. 2 and 2a, the content of the answers, explanations, comments or positions-developed by him on the basis of the information provided-and shall immediately transmit them to the Commission through the Permanent Representation of the Republic of Poland to the European Union in Brussels.
4. Paragraph Recipe 3 shall apply mutatis mutandis in the case of answers, explanations, comments or positions concerning public aid in agriculture or fisheries, the content of which the minister responsible for agriculture shall consult with the entities referred to in paragraph 1. 2.
Article 22. [ Decision information and copy of the decision] 1. In the event of the Commission's decision referred to in Article 4, art. 7, art. 10 para. 3 and art. The President of the Council, the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture shall inform the competent body without delay and at the same time forward a copy of the decision to the competent authority.
2. In the case of the Commission issuing the recommendation referred to in art. Article 18 of the Council Regulation, the provisions of the 1 shall apply mutatis mutandis.
3. Information on the decision taken by the Commission as referred to in Article 3. 4 and art. 7 of the Council Regulation, the President of the Office, and in the field of public aid in agriculture or fisheries, the Minister for Agriculture, announces a publicly accessible network of information.
Article 23. [ Hold of aid] 1. After receiving a copy of the Commission decision referred to in art. 11 (1) In accordance with Article 4 (1) of the Council Regulation, which obliges the aid to be withheld, the aid provider shall immediately suspend its award.
2. After receiving a copy of the Commission decision referred to in art. 11 (1) Article 2 (2) of the Council Regulation, which obliges the aid to be recovered, shall immediately issue a decision to reimburse the aid.
Article 24. [ Withdrawal of notification] 1. Before the Commission takes a decision as referred to in Article 4 (1) of the EC 4 and art. 7 of the Council Regulation, the notification may be withdrawn in the case of a project:
1) of the aid scheme-at the request of the public authority drawing up the project;
(2) individual aid, at the request of the aid provider;
(3) individual restructuring aid, at the request of the aid applicant or the aid provider.
2. The President of the Office, and in the area of public aid in agriculture or fisheries-the minister responsible for agriculture, shall without delay inform the Commission of the withdrawal of the notification via the Permanent Representation of the Republic of Poland to the Union European Union in Brussels.
Chapter 4
Recovery of aid granted not in accordance with the common market and misuse of aid
Article 25. [ Obligation to return the equivalent of the public aid granted] 1. The beneficiary of the aid is obliged to repay the amount equivalent to the public aid granted to which the Commission has issued a decision on the obligation to repay the aid, unless a decision is suspended as a result of the appeal lodged. The Commission.
2. The obligation to return referred to in paragraph 1, also includes the interest referred to in Article 3. 14 para. 2 of the Council Regulation.
3. Until the beneficiary has completed the aid, the obligation referred to in paragraph 1 shall be completed. 1, no public aid may be granted and, in the case of its prior provision, paid to that beneficiary.
Article 26. [ The transfer of a copy of the decision to repay the aid] 1. Copy of the Commission's decision on the obligation to reimburse the aid referred to in Article Article 14 of the Council Regulation and the case referred to in Article 4 (1) of the Council Regulation. 9 and Art. 16 of the Council Regulation, the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture shall immediately forward:
(1) in the case of an aid scheme, the aid recipient, who shall immediately forward it to the beneficiaries of the aid;
(2) in the case of individual aid and individual restructuring aid, to the aid provider and to the persons liable to return it.
(2) The President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall announce in a publicly accessible network the information on the issue of the Commission's decision referred to in Article 4 (2) of the EC Convention. Article 14 of the Council Regulation and the case referred to in Article 4 (1) of the Council Regulation. 9 and Art. 16 of the Council Regulation, as well as information on the recovery of the aid by the beneficiary of the aid.
Article 27. [ Repeal of decision and termination of contract] 1. In the case of a decision of the Commission on the obligation to repay the aid referred to in Article 14 of the Council Regulation, if the aid was granted on the basis of:
(1) the decision, the authority which issued the decision, may repeal it or amend it also without the consent of the parties or order the recovery of the aid granted; the provision of art. 253a § 3 and art. 256 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. zm.) does not apply;
(2) the contract, the granting agent, may request the court to terminate the contract on the basis of which the aid was granted or to order recovery of the aid.
2. Paragraph Recipe 1 shall also apply in the case of a decision of the Commission on the obligation to repay the aid in the cases referred to in Article 3. 9 and Art. 16 of the Council Regulation.
3. In civil proceedings, administrative proceedings and proceedings before the administrative courts of the President of the Office, and in the scope of public aid in agriculture or fisheries-the Minister of the competent agricultural affairs, shall be entitled the prosecutor specified in separate regulations.
Article 28. [ Compulsory collection of the amount equivalent to the aid granted] The compulsory collection of the amount equivalent to the aid granted, plus interest, shall be carried out in accordance with the rules on enforcement proceedings in the administration or in the law of judicial enforcement proceedings.
Chapter 5
Proceedings before the Court of Justice
Article 29. [ Authorities ' property] 1. The President of the Office, and in the scope of public aid in agriculture or fisheries-minister competent for agriculture, shall be the authority competent to represent the Republic of Poland in public aid proceedings pending before The Court of Justice and the Court of First Instance, in which the Republic of Poland is a party.
2. The President of the Office, and in the scope of public aid in agriculture or fisheries-the minister responsible for agriculture, shall be the body competent to bring, with the consent of the Council of Ministers, on behalf of the Republic of Poland, the appeal of the Commission's decision to The Court of Justice and the Court of First Instance in the field of public aid.
3. The Council of Ministers agrees to bring the appeal referred to in the paragraph. 2, taking into account the position of the entity developing the draft aid scheme, the aid provider, the position of the President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, and positions notified by other entities which have a legal interest in bringing an appeal against the Commission's decision.
4. The President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall be the competent authority, at the request of and on behalf of the body of the local authority body, to appeal against the Commission's decision to the The Court of Justice and the Court of First Instance, in matters of public aid.
5. The President of the Office, and in the scope of public aid in agriculture or fisheries-the minister responsible for agriculture, shall be the body competent to bring, with the consent of the Council of Ministers, on behalf of the Republic of Poland, the matters of public aid to The Court of Justice and the Court of First Instance shall take part in the proceedings pending before the Court of Justice and the Court of First Instance.
6. The Council of Ministers shall express the agreement referred to in paragraph 1. 5, taking into account the position of the President of the Office, and in the area of public aid in agriculture or fisheries-the minister responsible for agriculture.
(7) In the field of public aid pending before the Court of Justice or the Court of First Instance, the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture, may use the legal representation. The costs of legal representation shall be borne by the budget of the State, of the part of which the President of the Office is at the disposal, and in the field of public aid in agriculture or fisheries, of the part of which the Minister responsible for agriculture is at its disposal.
(8) If an application for appeal is requested by a local authority, the costs of legal representation shall be borne by that authority.
Article 30. [ Announcements] The President of the Office and, in the field of public aid in agriculture or fisheries, the Minister for Agriculture, shall publish without delay in a publicly accessible network, in respect of proceedings in which the Republic of Poland is a party. Poland, information on:
1) to bring an appeal against the Commission's decision on matters relating to public aid;
2) bringing the case to the Court of Justice in the field of public aid;
3) a decision of the Court of Justice or of the Court of First Instance in matters relating to public aid.
Chapter 6
Monitoring of public aid
Article 31. [ The scope of public aid monitoring] 1. Monitoring of public aid involves the collection, processing and transmission of information on public aid granted, in particular on its types, forms and sizes, and compliance with the national limit of the cumulated amount of aid de In agriculture or fisheries.
2. The public aid monitoring body shall be the President of the Office, and in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture.
(3) The President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, shall transmit to the Commission the annual report on public aid referred to in Article 4 (1) of the basic Regulation. 6 of Commission Regulation (EC) No 794/2004 of 21 April 2004 on the implementation of Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty.
Art. 31a. [ The publication of information on the amount of the national cumulated amount of de minimis aid in agriculture or fisheries] 1. The Minister of Agricultural Affairs, by means of the Notice, announces in the Official Journal of the Republic of Poland "Monitor Polski", at least once a quarter, and in case of exhaustion of the national limit of the cumulated amount of de minimis aid in agriculture or fisheries-without delay, information on the amount of the national limit of the cumulated amount of de minimis aid in agriculture or fisheries.
2. The information referred to in paragraph. 1, should include an indication of:
1) the amount of a three-year national limit on the cumulated amount of de minimis aid in agriculture or fisheries;
2) the state of use of the limit referred to in point 1.
Article 32. [ Report on public aid granted other than public aid in agriculture or fisheries or information on non-granting of such aid during the reporting period] 1. The awarding entities are obliged to draw up and submit to the President of the Office reports on the grant of public aid other than public aid in agriculture or fisheries or information on the failure to grant such aid in the Reporting period [ 1] The reports shall contain, in particular, information on the beneficiaries of the aid and of the types, forms, size and purpose of the aid.
2. Where public aid is provided for in the normative act referred to in art. 6 para. 2, for the preparation and presentation of:
1) the reports referred to in paragraph. 1, they shall be obliged by the persons who have received declarations or other documents from the beneficiaries of the aid, specifying the amounts of the reduction of benefits under that normative act;
2) the information referred to in paragraph. 1, are obliged to the entities which have not received the declaration or other documents from which it appears that there has been a reduction of the benefits under this normative act.
3. The chief of the tax offices and the chief of customs offices and the directors of the treasury chambers and the directors of the customs chambers shall transmit the reports or information referred to in the paragraph. 1, through the Minister responsible for public finance.
4. The units of local government shall report the reports or information referred to in paragraph 1. 1, through the Regional Chambers of Auditors.
5. The National Fund for Environmental Protection and Water Management shall transmit the reports or information referred to in paragraph. 1, through the Minister of the Environment, and the voivodships of environmental protection and water management-through the marshal of the voivodships.
6. The voters shall transmit the reports or the information referred to in paragraph 1. 1, directly to the President of the Office.
7. The regional funding bodies shall report the reports or the information referred to in paragraph 1. 1, the Polish Agency for Enterprise Development, which then passes it on to the President of the Office through the Minister responsible for the affairs of the economy.
8. The volunteer Hufc Labour shall report the reports or the information referred to in paragraph. 1, through the minister competent for labour affairs.
9. Entities not included in the paragraph. 3-8 shall transmit the reports or the information referred to in paragraph 3. 1, through the bodies supervising them, and in the absence of such bodies, directly the President of the Office.
10. The reports or the information referred to in paragraph 1. 1, shall be transmitted by teletransmission of data in electronic form, on the forms posted in the publicly accessible network of telecommunication by the President of the Office or, subject to paragraph 1, shall be transmitted electronically. 11, using the SHRIMP application provided in the widely available telecommunication network by the President of the Office, and in the case of the bodies referred to in the paragraph. 3, by the Minister responsible for public finance in the secretive network of finance ministries.
11. The Council of Ministers shall determine, by means of a regulation, a list of the bodies providing the assistance required for the reporting of the reports or the information referred to in paragraph 1. 1, using the SHRIMP application and the way it is made available, bearing in mind the need to gradually implement the SHRIMP application and to ensure the effectiveness of monitoring public aid.
12. The provisions of the paragraph. 3-9 to mediate in the transmission of the reports and information referred to in paragraph. 1, shall not apply to aid providers obliged to report or report on the information referred to in paragraph 1. 1, using the SHRIMP application.
Article 32a. [ Report on public aid in agriculture or fisheries or information on non-granting of such aid during the reporting period] 1. The entities providing assistance shall be obliged to draw up and submit to the Minister responsible for agriculture the reports on the public aid granted in agriculture or fisheries or to information on the failure to grant such aid during the period concerned. Reporting [ 2] The reports shall contain, in particular, information on the beneficiaries of the aid and of the types, forms, size and purpose of the aid.
2. Subject to paragraph. 5, to report the reports and the information referred to in paragraph. 1, the Minister for Agriculture of the European Union 32 par. 2-9 shall apply mutatis mutandis.
3. The reports or the information referred to in paragraph 1. 1, shall be transmitted by teletransmission of data in electronic form, on the forms contained in the publicly accessible teleinformatic network by the Minister responsible for agriculture, or, subject to paragraph 1, shall be transmitted electronically. 4, using an application made available in a widely available telecommunication network by the Minister responsible for agriculture.
(4) The Council of Ministers shall determine by way of regulation a list of the aid providers required to transmit to the Minister competent for agriculture the reports or information referred to in paragraph 1. 1, using the application and the way it is made available, bearing in mind the need to gradually implement the application and to ensure the effectiveness of monitoring public aid in agriculture and fisheries.
5. Rules of Art. 32 par. 3-9 to mediate in the transmission of the reports and information referred to in paragraph. 1, shall not apply to aid providers obliged to report or report on the information referred to in paragraph 1. 1, using the application.
Article 33. [ Transmission of information on public aid granted] 1. The awarding entities are obliged to transmit, upon request of the President of the Office, the Minister responsible for agriculture or the minister responsible for public finance, information concerning the granted public aid, in the scope and the time specified in the request.
2. The entities developing aid schemes providing for assistance under the block exemption shall inform the President of the Office without delay, and in the field of public aid in agriculture or fisheries, the minister responsible for agriculture, o to start the aid on the basis of an aid scheme.
(3) The entities providing individual aid within the framework of block exemptions shall immediately inform the President of the Office and, in the field of public aid in agriculture or fisheries, of the Minister responsible for agriculture, of the grant of such assistance.
4. The sharing of the information referred to in paragraph. 2 and 3, by teletransmission of data in electronic form, on the forms posted on a publicly accessible network of telecommunication by the President of the Office or the Minister responsible for agriculture.
Art 33a. [ Registration of acts of local law] The President of the Office shall keep a record of the acts of local law referred to in Article 4. 8 ust. 1.
Article 34. [ Reports on the arrears of entrepreneurs in the payment of benefits payable to the public finance sector] 1. The competent authorities for the collection of receivables shall be obliged to report to the Minister responsible for public finance reports on the arrears of entrepreneurs in the payment of benefits payable to the public finance sector, within the scope of of its property.
2. The reports referred to in paragraph 1 1, shall be transmitted by teletransmission of the data in electronic form, on the forms posted in the widely accessible network of teleinformatics by the President of the Office.
3. Rules of Art. 32 par. 3-9 shall apply mutatis mutandis.
Article 35. [ Delegations] The Council of Ministers shall determine by means of regulations:
1) the scope of the reports and information referred to in art. 32 par. 1, and the reports referred to in art. 34 par. 1, the time limits for their submission and the reporting periods and model forms, with a view to ensuring the effectiveness of the monitoring of State aid and the need to take into account the technical modalities of reporting and information, o which are referred to in art. 32 par. 1, using the SHRIMP application;
2) the scope of the reports and information referred to in art. 32a ust. 1, the time limits for their submission and the reporting periods and model forms, with a view to ensuring the effectiveness of the monitoring of public aid in agriculture or fisheries, and in particular compliance with the national limit of the cumulated amount of aid de In agriculture or fisheries.
Article 36. [ A report containing the results of the monitoring of State aid in the previous year] 1. The President of the Office, and in the area of public aid in agriculture or fisheries, the minister responsible for agriculture, on the basis of the reports and information referred to in art. 32 par. 1 and Art. 32a ust. 1, draw up and submit to the Council of Ministers a report containing the results of the monitoring of public aid in the previous year, in particular data on the size, form and destination of public aid, and an assessment of the effects of the aid in question in the the competition sphere.
1a. The President of the Office shall draw up the report referred to in paragraph 1. 1, in agreement with the Minister responsible for public finance.
2. The Minister responsible for public finance shall submit to the Council of Ministers a summary, annual information on the arrears of entrepreneurs in the payment of benefits due to the public finance sector.
3. The reports referred to in paragraph 1 1, the Council of Ministers shall present to the Sejm by the end of the calendar year following the year to which the report relates.
Article 37. [ Obligation to provide certificates and statements] 1. The entity applying for de minimis aid shall be required to provide the aid to the granting authority, together with the request for assistance:
(1) all de minimis aid certificates received in the year in which the aid is sought, and during the 2 years preceding it, or claims of the amount of de minimis aid received during that period, or statements not receiving such aid aid during this period;
2) information necessary for the granting of de minimis aid, concerning, in particular, the applicant and his business activity and the size and purpose of the public aid received in respect of the same costs eligible for the aid to be covered by de minimis aid.
2. The applicant for de minimis aid in agriculture or fisheries shall be required to provide the aid to the granting authority, together with the request for assistance:
1. all de minimis aid certificates in agriculture received during the year in which the aid is sought, and during the 2 preceding financial years, or claims of the amount of de minimis aid in agriculture received during that period, or a statement not to receive such assistance during that period;
2. all de minimis aid certificates in the fisheries that it has received in the year in which the aid is sought, and during the 2 years preceding it or the statement of the amount of de minimis aid in the fisheries received during that period, or a statement not to receive such assistance during that period;
(3) information necessary for the granting of de minimis aid in agriculture or fisheries, concerning, in particular, the applicant and the economic activity it has carried out, and the size and purpose of the public aid received in respect of the to the same eligible costs for which de minimis aid in agriculture or fisheries is to be covered.
2a. The Council of Ministers shall determine, by means of a regulation, the scope of the information referred to in paragraph 1. 1 point 2 and paragraph. 2 (3), and the model of the information form, in order to ensure the completeness and transparency of the information provided.
(3) The President of the Office shall submit to the Commission, at the latter's request, information on de minimis aid.
4. The Minister responsible for agriculture shall submit to the Commission, at its request, information on de minimis aid in agriculture or fisheries.
5. An entity applying for aid other than de minimis aid or de minimis aid in agriculture or fisheries shall be required to provide the aid to the granting authority, together with a request for its provision, of the applicant and its economic activities and information on the public aid received, containing, in particular, the indication of the day and the legal basis for its granting, form and destination, or a statement of non-receipt of the aid.
6. The Council of Ministers shall determine, by means of a regulation, the scope of the information and the statements referred to in paragraph 1. 5, and the models of information forms, taking into account the purpose of the planned aid and the need to ensure that the amount of aid granted in connection with the implementation of the project is not exceeded by the individual entities concerned. applying for aid and having regard to the reporting requirements.
7. Until the time of transmission by the applicant for the assistance of the certificates, statements or information referred to in paragraph 1. 1, 2 and 5, the aid may not be granted to that entity.
8. The obligation to provide the information referred to in paragraph. 1 point 2, paragraph 1 Article 2 (3) and (2) of the 5, it shall not apply if such information is to be provided to the aid provider on the basis of separate laws.
Article 38. [ Information on the approval of the aid or of the absence of a notification obligation] 1. The aid provider shall be obliged, by means of public aid, to inform the beneficiary in writing of its approval by the Commission in accordance with the provisions of Article 4 (1). Article 88 of the EC Treaty or the absence of a notification obligation.
2. In the case of public aid granted under the aid scheme, the scope of the information referred to in paragraph 2. 1 shall also include an indication of the reference number of the programme given by the Commission.
3. The provisions of the paragraph. 1 and 2 shall not apply in the case of aid in the form of a tax credit, granted on the basis of a normative act, which makes the acquisition of the right to receive aid conditional only on the fulfilment of the conditions laid down in that act, without the need to give a decision.
Article 39. [ Transmission of information by the beneficiary of the aid and the applicant for aid] 1. The beneficiary of the aid and the applicant for assistance shall be required to provide information on their State aid to the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for the matter agriculture, or the aid-granting entity, at their request, within the scope and time limits specified in the request.
2. The term specified in the request referred to in paragraph. 1, shall not be less than 14 days, unless the information relating to the aid is provided by the Commission.
Article 40. 1. (repealed).
2. (repealed).
3. (repealed).
4. (repealed).
Article 41. [ Protection of company secrecy and other information to be protected] 1. The employees of entities carrying out the tasks specified in the Act are obliged to protect the secrecy of the company, as well as other information to be protected on the basis of the separate provisions, about which they have taken a message in connection with the the ongoing proceedings or the implementation of other tasks defined by the Act.
2. The provision of the paragraph. 1 shall not apply to information publicly available, the indication of the applicant's aid, the beneficiary of the aid, the size and form of the aid granted to him and the purpose of the aid, the legal basis, as well as the awarding bodies. help.
3. It does not constitute an infringement of the obligation to preserve the secrecy of an undertaking, as well as other laws protected by law, to provide information to the Commission in connection with the implementation of the tasks defined by the European Union in the field of aid state, reporting on the aid in accordance with Article 4 (1) of the 32 and Art. 32a and the reports on the arrears referred to in Article 34 par. 1.
Chapter 7
Control of the aid beneficiary
Article 42. [ Scrutiny of beneficiary of aid] 1. Where the Commission has carried out the checks referred to in Article 22 par. 1 of the Council Regulation, hereinafter referred to as 'the control of the beneficiary of the aid', the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister responsible for agriculture, is authorised to submit comments to the Commission on the to carry out checks and reservations as to the selection of experts.
2. In the course of the control of the beneficiary of the aid, the persons authorised by the President of the Office may be present, and in the field of public aid in agriculture or fisheries, the minister responsible for agriculture.
Article 43. [ Objection to the audit] If the beneficiary of the aid opposes the inspection, the President of the Office and, in the field of public aid in agriculture or fisheries, the Minister for Agriculture, may avail himself of the assistance of officials of the administrative authorities. government which are authorised to carry out checks, or police officers of the unit competent for the account of the aid beneficiary's head office.
Chapter 8
Penalty payments
Article 44. [ Criminal liability] 1. For non-performance or improper performance of the duties referred to in art. 21 (1) 2 and Art. 39, and for obstruction of control by the beneficiary of the aid, the President of the Office and, in the field of public aid in agriculture or fisheries, the minister responsible for agriculture may, by decision, impose a pecuniary penalty on the beneficiary. an amount equivalent to 10 000 euro.
2. The amount of fines referred to in paragraph. In particular, account shall be taken of the degree and the circumstances of the infringement of the provisions of the Law.
3. The amount referred to in paragraph 1, shall be converted into gold at the rate of the average foreign exchange announced by the National Bank of Poland, in force on the date of the decision of the President of the Office or of the decision of the Minister responsible for agriculture.
Article 45. [ Deadline for monetary penalty] 1. The monetary penalty shall be paid within 14 days from the date on which the decision of the President of the Office or of the Minister responsible for agriculture to impose the aid on the beneficiary of the aid has become final.
2. [ 3] In the event of untimely payment of the monetary penalty, statutory interest shall be charged for late payment.
3. The compulsory collection of the monetary penalty shall be carried out in the procedure of enforcement proceedings in the administration.
4. The financial resources derived from the financial penalties constitute the revenue of the state budget.
Article 46. [ Reference to the competition and consumer protection court] 1. The decision of the President of the Office imposing a financial penalty shall be entitled to appeal to the court of protection of competition and consumers within 14 days from the date of its service.
2. The proceedings in the cases of appeals against decisions of the President of the Office shall be made in accordance with the provisions of the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. Nr 43, pos. 296, of late. zm.) about the proceedings in the field of competition protection.
(3) In the event of an appeal against a decision, the President of the Office shall forward it forthwith with the file of the case to the competition and consumer protection courts.
4. (repealed).
Chapter 9
Amendments to the provisions in force
Article 47. (bypassed).
Article 48. (bypassed).
Article 49. (bypassed).
Article 50. (bypassed).
Article 51. (bypassed).
Article 52. (bypassed).
Article 53. (bypassed).
Article 54. (bypassed).
Article 55. (bypassed).
Article 56. (bypassed).
Article 57. (bypassed).
Article 58. (bypassed).
Article 59. (bypassed).
Article 60. (bypassed).
Article 61. (bypassed).
Article 62. (bypassed).
Chapter 10
Transitional and final provisions
Article 63. [ Transitional provision] Within a period of 3 years from the date of entry into force of this Law, in order to determine whether the planned aid to the trader is de minimis aid, the aid granting entity shall take into account the sum of:
1) the value of the individual aid granted to the entrepreneur before the date of entry into force of this Law, if the value of the aid, including the value of the aid granted to the entrepreneur during the following 3 years preceding the day of granting it, over the equivalent of 100 thousand. the euro and has not been subject to an opinion by the President of the Office;
(2) aid, the de minimis character of which has been confirmed by the certificate referred to in Article 3 (2) of the EC Treaty. 5 par. 2.
Article 64. [ Cancellation of opinion proceedings] On the date of entry into force of this Act, the proceedings for the issuing of an opinion by the President of the Office carried out pursuant to art 24 or 25 of the Act referred to in art. 71, surrendered.
Article 65. [ Changes in normative acts] If the normative acts referred to in art. 6 para. 2, are not aid schemes, the competent bodies are obliged to prepare the projects of the relevant changes in these acts within 1 month of the date of entry into force of this Act.
Article 66. (bypassed).
Article 67. (bypassed).
Article 68. (bypassed).
Article 69. (bypassed).
Article 70. [ Repealed provisions] 1. Article Recipe 2 of the Act of 19 September 2003. on the amendment of the Act on the conditions of admissibility and supervision of public aid for entrepreneurs (Dz. U. No 189, pos. 1850) is repealed after 3 years from the date of entry into force of this Act, with that of the public aid referred to in art. 2. 1 of this Act, the provisions of this Act on individual aid shall apply, subject to the paragraph. 2.
2. Public aid granted in accordance with the conditions laid down in the regulations issued on the basis of art. 2. 2 of the Act referred to in paragraph 2 1, which satisfies the conditions laid down for the aid schemes and on which the Commission has issued a decision on the compatibility with the common market, shall not be notified.
3. Until 1 May 2007. The Council of Ministers may, by means of regulations, establish aid schemes in the field of public aid granted on the basis of separate laws, taking into account in particular the need for the development of the economy and the need to ensure that this aid is compatible with the common market.
Article 71. [ Repealed provisions] The Law of 27 July 2002 is repealed. of the conditions of admissibility and supervision of public aid for entrepreneurs (Dz. U. No 141, pos. 1177 and 2003 No. 159, item. 1537, No. 188, pos. 1840, Nr 189, poz. 1850 and Nr 228, pos. 2261).
Article 72. [ Entry into force] The Act comes into force on the day of the announcement.
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1) This Act makes a partial implementation of Commission Directive 80 /723/EEC of 25 June 1980. on the transparency of financial relations between Member States and public undertakings (Dz. Urz. EC L 195 of 29.07.1980) as last amended by Directive 2000 /52/EC (Dz. Urz. EC L 193 of 29.07.2000).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
[ 1] On the basis of art. 4 of the Act of 25 April 2008. amending the Act on Proceedings in Public Aid cases and the Act on Taxes and Local Charges (Journal of Laws No. 93, item. 585), pending the determination of the reporting periods and time limits for the submission of non-aid information, this information shall be made for the reporting periods and within the time limits laid down for the reports of the public aid or the reports of public aid granted in agriculture or fisheries.
[ 2] On the basis of art. 4 of the Act of 25 April 2008. amending the Act on Proceedings in Public Aid cases and the Act on Taxes and Local Charges (Journal of Laws No. 93, item. 585), pending the determination of the reporting periods and time limits for the submission of non-aid information, this information shall be made for the reporting periods and within the time limits laid down for the reports of the public aid or the reports of public aid granted in agriculture or fisheries.
[ 3] Article 45 (1) 2 in the version set by the Article. 30 of the Act of 9 October 2015. amending the Act on the dates of payment in commercial transactions, the Act-Civil Code and some other Laws (Journal of Laws of the Law of the European Union). 1830). The amendment came into force on 1 January 2016.
