Law Of 30 April 2004 Procedure In Matters Of State Aid

Original Language Title: USTAWA z dnia 30 kwietnia 2004 r. o postępowaniu w sprawach dotyczących pomocy publicznej

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Chapter 1 General provisions Article. 1. [range] the Act provides for rules of conduct in matters relating to state aid which meets the conditions laid down in article 4. 87 para. 1 of the Treaty establishing the European Community, hereinafter referred to as "the public", including: 1) the proceedings on the preparation for the notification of aid schemes projects, individual aid projects and projects of individual aid for restructuring;

2) principles of cooperation of the President of the Office for competition and consumer protection, hereinafter referred to as "the Office", and the Minister responsible for agriculture with the actors establish assistance programmes, donors, requesting help and aid recipients, in terms of public aid;

3) rules represent the Republic of Poland before the Court of Justice and the Court of first instance for matters concerning public aid;

4) rules and reimbursement of public aid;

5) rules for monitoring State aid.

Article. 2. [Definitions] Whenever the law is talking about: 1) the Commission is to be understood the European Commission;

2) Council regulation – should be understood Council Regulation (EC) no 659/1999 of 22 March 1999 laying down detailed rules for the application of article 9. 93 of the EC Treaty (OJ. EC-L 83 27.03.1999 with);

3) aid granted under block exemptions should be understood public aid, which does not concern the obligation to notify, in accordance with Commission regulations issued on the basis of article. 1 of Council Regulation (EC) No 994/98 of 7 May 1998 on the application of art. 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal state aid (OJ. EC-L 142 of 14.05.1998, p. 1; Oj. EU Polish Special Edition, chapter. 8, vol. 1, p. 312);

4) (repealed);

4A) (repealed);

5) individual aid must be understood the aid referred to in article. 1 (b). (e) the regulation of the Council;

6) individual aid for restructuring – it should be understood as an individual aid provided for in the restructuring plan that specifies actions to restore trader long-term ability to compete on the market, in particular the way the financing of these activities, including by granting public aid;

7) aid scheme-understood law that meets the conditions referred to in article 1. 1 (b). (d) the regulation of the Council;

8) unlawful aid-must be understood the aid referred to in article. 1 (b). (f) the Council regulation;

9) used in accordance with the intended use must be understood the aid referred to in article. 1 (b). (g) Council regulation;

10) de minimis aid must be understood, other than the de minimis aid in the agriculture or fisheries, aid which meets the conditions laid down in the relevant provisions of European Union law concerning de minimis aid other than de minimis aid in the agriculture or fisheries;

10A) de minimis aid in the agriculture or fishing-you must understood help complying with the conditions laid down in the legislation of the European Union concerning the appropriate de minimis aid in the agriculture or de minimis aid in the fisheries sector;

10B) agriculture-understood activities relating to the production, processing and marketing of agricultural products referred to in the legislation of the European Union for State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products;

10 c) Fisheries-understood activities relating to the production, processing and marketing of fishery products referred to in the legislation of the European Union relating to the common organisation of the markets in fishery and aquaculture products;

11) on the provision of assistance-it should be understood as the day on which the entity applying for the State aid has acquired the right to receive the aid, and where the granting of the aid in the form of tax relief on the basis of a normative act, without the requirement of the decision: a) the date on which in accordance with special provisions is the deadline to declare or other document setting out the value of the aid, subject to subparagraph (b). b, b) the date on which in accordance with special provisions is the deadline for filing the annual-in the case of the provision of assistance in the form of reductions in the income tax Act, (c)) the day of the actual donations financial benefit, in the absence of the obligation to declare or other document setting out the value of the aid-unless provided otherwise;

12) assisting entity – should be understood public administration body or other entity that is entitled to the grant of State aid, including a trader the public referred to in article 2. 2. 1 paragraph 4 of the Act of 22 September 2006 on the transparency of financial relations between public authorities and public enterprises and the financial transparency of certain undertakings (OJ 191, poz. 1411);

13) aid-must be understood the value of the aid expressed in monetary amount or intensity of public aid, expressed as a ratio of the value of public aid to the costs eligible for State aid;

14) (repealed);

15) notification should be understood, communicated to the Commission in accordance with article 5. 88 of the EC Treaty, the aid project, the project of individual aid or project aid for restructuring, together with the information necessary for the assessment of the compatibility of State aid with the common market;

16) aid beneficiary – understood the entity engaged in an economic activity, including the operator of the activity in the field of agriculture or fishery, regardless of the form of organizational and legal and financial means which has received public assistance;

17) business-should be understood as an economic activity, to which apply the competition rules laid down in part three, title VI, Chapter 1 of the Treaty establishing the European Community;

18) application must be understood by the SHRIMP app it under the name System Scheduling, Registration and monitoring of public aid, used to monitor the State aid other than State aid in agriculture or fisheries;

19) application must be understood an application it is used to monitor the State aid in the agriculture or fishing.

Article. 3. [the admissibility of granting public aid-EC Treaty] rules for the admissibility of granting public aid shall specify the provisions of art. 16, art. 36, art. 73 and article. 86 to 89 of the EC Treaty.

Article. 4. (repealed).

Article. 5. [calculation of the de minimis aid] 1. In the calculation of the de minimis aid does not contribute to public aid granted under an aid scheme, individual aid and aid for restructuring, approved by the Commission in accordance with article 4. 88 of the EC Treaty, aid granted under block exemptions, as well as de minimis aid in the agriculture or fishing.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to the calculation of the de minimis aid in the agriculture or fishing.

3. assisting Entities appear to help the beneficiary a certificate stating that the State aid is granted with the de minimis rule or with the de minimis rule in agriculture or fisheries.

3A. Where the value of actually granted to the de minimis aid is different from the value of the aid indicated in the certificate referred to in paragraph 1. 3, donor assistance, within 14 days from the date of the finding of this fact, it seems the new certificate referred to in paragraph 1. 3, which indicates the correct value of the aid, and finds the loss of validity of the previous certificate.

3B. the provision of paragraph 1. 3A shall apply mutatis mutandis in the case of de minimis aid in the agriculture or fishing.

3 c. the certificate referred to in paragraph 1. 3 shall be issued ex officio.

4. the Council of Ministers shall determine, by regulation, the form and content of the certificates referred to in paragraph 1. 3, and the terms or their issue, taking into account the need to ensure the transparency of information on de minimis aid and de minimis aid in the agriculture or fisheries aid granted to individual beneficiaries and monitoring the national limit of cumulative amount of de minimis aid in the agriculture or fishing.

Article. 6. the [State aid granted on the basis of the normative act] 1. To state aid granted on the basis of the normative act, that is not a bailout, the provisions concerning individual aid, subject to the provisions of paragraph 2. 2.2. Public aid as provided for in the Act of seeking, which makes acquisition of the right to receive the aid solely to compliance with the conditions laid down in that Act, without a decision or conclusion of a contract, or when the issued decision only confirms the acquisition of the right, may be granted, if the Statute is a the aid approved by the Commission in accordance with article 5. 88 of the EC Treaty or which provides for the granting of aid, which does not apply to the obligation of notification.

Article. 7. [Projects] 1. Design of a scheme, individual aid project or project aid for restructuring shall be subject to notification.


2. aid granted under block exemptions is subject to notification, if its to make development aid program entity occurs or donor assistance.

3. The design of an aid scheme providing for the granting of de minimis aid shall be subject exclusively to the Declaration of the President of the Office, within 14 days can present concerns about the transparency of aid.

3A. the draft of an aid scheme providing for the granting of de minimis aid in the agriculture or fishing exclusively subject to notification to the Minister competent for agriculture, that within 14 days can present concerns about the transparency of aid.

3B. The provisions of paragraph 1. 3A do not apply in the case of the project of an aid scheme providing for the granting of de minimis aid in the agriculture or fisheries drawn up by the Minister responsible for agriculture.

4. If the project of individual aid for restructuring has been approved by the Commission in accordance with article 5. 88 of the EC Treaty, State aid, which will be granted in accordance with the restructuring plan, is not subject to notification, unless the Commission decision provides otherwise.

Article. 8. [public aid-an act of local law] 1. In the case of an aid scheme, in which local law provides for the granting of State aid in accordance with the terms of the provision of assistance referred to in the regulations issued on the basis of the set containing the authorization to release local acts, the notification shall be governed solely by the projects of those regulations.

2. the authority of the local government unit shall forward to the President of the Office of local legislative act referred to in paragraph 1. 1, within 30 days from the date of entry into force of this Act.

Article. 9. [Notification] the notification shall be subject to the change referred to in art. 4 paragraph 1. 1 of Commission Regulation (EC) no 794/2004 of 21 April 2004 implementing Council Regulation (EC) no 659/1999 laying down detailed rules for the application of article 9. 93 of the EC Treaty (OJ. EU L 140 of 30.04.2004, p. 1; Oj. EU Polish Special Edition, chapter. 8, vol. 4, p. 3, as amended. d.), approved by the Commission, in accordance with article 5. 88 of the EC Treaty, an aid scheme, individual aid or aid for restructuring.

Article. 10. [regional aid] 1. Regional aid, referred to in article 1. 87 para. 3 (b). (a) and (b). (c) of the EC Treaty, may be granted in respect of regional aid map.

2. the Council of Ministers shall determine, by regulation, the regional aid map, specifying: 1) areas of the country in which it is permissible to grant aid and the maximum volume of aid for these areas, taking into account in particular the level of gross domestic product per capita in a given area, as well as 2) the economic activities for which assistance is not allowed and the types of economic activity for which the maximum volume of aid are other than the maximum volume of aid for areas of the country , together with an indication of the size, given that the granting of regional aid for certain types of economic activity particularly affects adversely the conditions of competition in the common market.

3. The draft regulation, as referred to in paragraph 1. 2, shall be subject to notification.

Article. 11. [the value of public aid] 1. The value of public aid is measured in the amount of money, when converted in such a way as to determine the amount that would receive the aid beneficiary, if it is granted in the form of grants.

2. the Council of Ministers shall determine, by regulation, the detailed ways of calculating the value of public aid granted in different forms, taking into account in particular the need to ensure the comparability of values aid in various forms.

3. The equivalent of aid in euros shall be determined according to the average exchange rate of foreign currency, issued by the Polish National Bank, on the provision of assistance.



Chapter 2 Notification Procedure Art. 12. [Drafting projects] 1. Projects of assistance programs, including providing for the granting of aid under the block exemption regulation and the individual aid, as well as individual aid for restructuring, subject to reviews of the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture.

2. individual aid granted under block exemption does obtain the opinion referred to in paragraph 1. 1, unless the donor aid requests its notification. The notification provision art. 18 paragraph 1. 2 shall apply mutatis mutandis.

3. The provisions of paragraph 1. 1 shall not apply in the case of projects aid programmes providing for the granting of State aid in the agriculture or fishing developed by the Minister responsible for agriculture.

4. the opinion referred to in paragraph 1. 1, shall in particular: 1) position if the project provides for the grant of public aid;

2) position on the compatibility of State aid with the common market;

3) proposals submitted in order to ensure compliance of the provisions of the project with the common market;

4) position on the obligation to notify the project.

5. The opinion referred to in paragraph 1. 1, shall not apply the provisions of the Act of 14 June 1960 – administrative procedure code (Journal of laws of 2000 No. 98, item 1071, as amended).

Article. 13. [request for an opinion] 1. A request for an opinion referred to in article 1. 12 paragraph 1. 1, occurs in the case of project: 1) an aid scheme – public administration development project of this programme;

2) individual aid-donor of this aid;

3) individual aid for restructuring – the entity applying for the aid.

2. the request for an opinion shall be accompanied by a draft of an aid scheme or the draft Act on the basis of which is to be granted individual aid, in particular the draft decision or agreement, and information necessary for the issuing of opinions, concerning in particular the recipients the intended aid, its intended use, form, size and duration.

3. in the case of individual aid project for restructuring to 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 donors about the possibility of its grant on the principles set out in this plan.

3A. the assisting Operators are required to deliver an opinion on the possibility of granting the aid referred to in paragraph 1. 3.3b. Requests for an opinion referred to in article 1. 12 paragraph 1. 1, together with the annexed to these projects, or restructuring plan, shall be submitted in paper and electronic form.

4. the Council of Ministers shall determine, by regulation, the detailed scope of the information referred to in paragraph 1. 2, and the items, which should include a restructuring plan, taking into account the requirements of the law of the European Union in the field of the notification.

Article. 14. [the term opinion] the President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture, it seems the opinion referred to in article 1. 12 paragraph 1. 1, within 60 days, and in the case of an aid project – within 21 days from the date of receipt of the application together with the information and documents referred to in article 1. 13. Article. 15. [Additional explanations and information] 1. The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, before issuing its opinion, referred to in article 1. 12 paragraph 1. 1, may occur to the body developing the project of an aid scheme, the granting authority, the party seeking assistance or other appropriate entities, to provide within the prescribed period the additional explanations and information.

2. If the authorities or bodies referred to in paragraph 1. 1, do not submit within the prescribed period the additional explanations and information, the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, give an opinion based on the information in its possession.

Article. 16. [the consent of the Council of Ministers at the notification] 1. Making the notification of the aid project requires the consent of the Council of Ministers.

2. the Council of Ministers shall adopt a resolution on making the notification, after hearing the opinion referred to in article 1. 12 paragraph 1. 1.3. The Council of Ministers together with the draft law, which is an aid program passes the diet Was about making the notification.

Article. 16A. [the proceedings of the draft law, which is an aid program developed by non-public authority] 1. In the case of a Bill which is the preferred aid developed by non-public authority, the competent authority on the basis of the rules of the diet makes a request to the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture,: 1) the opinion referred to in article 1. 12 paragraph 1. 1;

2) the transfer to the Commission of the project in order to make its notification;

3) withdrawal of notification of the project before the Commission decision referred to in article 1. 4 and 7 of Council regulation;

4) bringing, on behalf of the Republic of Poland, the appeal from the decision of the Commission to the Court of Justice and the Court of first instance in cases from the scope of State aid.


2. the request for an opinion referred to in article 1. 12 paragraph 1. 1, accompanied by a draft law which is a bailout, and the information necessary to issue an opinion referred to in article 1. 13 paragraph 1. 2. Article. 17. [review of incompatibility with the common market the aid project] in the case of the issue by the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, reviews of incompatibility with the common market the aid project providing for the granting of aid under the block exemption regulation, which the entity developing such a project not to make a notification, the President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture , passes the opinion to the message the Council of Ministers.

Article. 18. [Feedback] 1. In the case of individual aid project or project aid for the restructuring of the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, shall forward the opinion referred to in article 1. 12 paragraph 1. 1 the applicant, a request for an opinion, and assisting parties.

2. Within 14 days from the date of receipt of the opinion, incompatibility with the common market project of individual aid or project aid for restructuring, the person may request the opinion of the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, to make a notification of this project, subject to the provisions of paragraph 2. 3.3. Where the opinion of the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, incompatibility with the common market concerns a project of individual aid for restructuring, the entity or entities providing assistance can change the opinion referred to in article 1. 13 paragraph 1. 3, notice that the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, and the person to issue an opinion within 14 days from the date of its receipt.

4. The President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture, does not make notification of project: 1) individual aid and aid for the restructuring-in the case of ineffective expiry of the time limit referred to in paragraph 1. 2;

2) individual aid for restructuring, where: (a)) the entity applying for the aid shall submit reviews about the possibility of granting the aid referred to in article 1. 13 paragraph 1. 3, in respect of each case of assistance, (b)) the granting of aid in the revised opinion, referred to in paragraph 1. 3, finds the inability to provide assistance.

Article. 19. [the introduction of amendments to the draft assistance programme] 1. In the case of the introduction of changes in terms of public aid to the Bill as a bailout, notified to the Commission, the speaker of the Sejm shall transmit to the President of the Council of Ministers the draft as amended; The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, shall submit to the Commission a draft with changes to complete the notification.

2. In the case of the introduction of changes to the project of an aid scheme, in part other than a draft law, individual aid project or project aid for the restructuring of notified to the Commission, the person to make a notification shall immediately to the President of the Office, and the State aid in the agriculture or fisheries-the Minister competent for agriculture, the project with changes to complete the notification.

3. The President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture, shall supplement the notification via the permanent representation of the Republic of Poland to the European Union in Brussels.

Article. 20. [Notification of the aid project, the individual aid and aid for the restructuring of] the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, via the permanent representation of the Republic of Poland to the European Union in Brussels, shall give the notification in relation to the project: 1) an aid scheme – immediately after the resolution of the Council of Ministers of the notification;

2) individual aid and aid for restructuring – immediately after the release of the reviews on the compatibility of the aid with the common market, or upon receipt of a request to make the notification referred to in article 2. 18 paragraph 1. 2, subject to article 22. 18 paragraph 1. 3 and 4.

Article. 20A. [notification of an aid project and the consent of the Council of Ministers] to make a notification to the project of an aid scheme established by the Act of local law does not require the consent of the Council of Ministers and shall be after the release of the reviews referred to in article 1. 12 paragraph 1. 1. Chapter 3 of the procedure before the Commission Art. 21. [the procedure before the Commission] 1. In respect of the proceedings before the Commission, as referred to in Council regulation, hereinafter referred to as "the proceedings before the Commission, the competent authority is the President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture.

2. In connection with proceedings before the public administrations that have developed a draft aid programmes, assisting operators, who have developed projects of individual aid, applying for aid, aid beneficiaries or other competent entities shall submit to the President of the Office, and the State aid in the agriculture or fisheries-the Minister competent for agriculture, within the prescribed period, the necessary information to develop a response to the Commission's enquiries , explanations, comments or posts.

2A. To the extent necessary to respond to requests of the Commission, the President of the Office may request the transfer by the bank within the prescribed period-information constituting bank secrecy.

3. The President of the Office shall consult with the entities referred to in paragraph 1. 2 and 2a, the content of the answers, explanations, comments or posts – developed by him on the basis of the information provided and shall transmit them immediately to the Commission through the permanent representation of the Republic of Poland to the European Union in Brussels.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis in the case of answers, explanations, comments or posts relating to state aid in the agriculture or fishing, the content of which the competent minister for agriculture shall consult with the parties referred to in paragraph 1. 2. Article. 22. [information on the decision and the transfer of a copy of the decision] 1. In the case of the Commission decision referred to in article 1. 4, art. 7, art. 10 paragraph 1. 3 and art. 11 Council regulation, the President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture, it shall immediately inform the competent entity, passing him at the same time, a copy of the decision.

2. in the case of recommendations adopted by the Commission, referred to in article 2. 18 Council regulation, the provision in paragraph 1. 1 shall apply mutatis mutandis.

3. Information about the Commission's decision referred to in article 1. 4 and art. 7 Council regulation, the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, announces in commonly available ICT network.

Article. 23. [Withholding assistance] 1. After receiving a copy of the Commission decision referred to in article 1. 11 (1). 1 Council regulation, which commits to withhold aid, donor assistance immediately suspends its provision.

2. on receipt of a copy of the Commission decision referred to in article 1. 11 (1). 2 Council regulation, requiring the recovery of the aid, donor assistance shall immediately issue a decision to recover the aid.

Article. 24. [withdrawal of notification] 1. Before the Commission decision referred to in article 1. 4 and art. 7 Council regulation, notification may be withdrawn in the case of project: 1) an aid scheme – at the request of the public administration of developing this project;

2) individual aid at the request of the entity providing the aid;

3) individual aid for restructuring – at the request of the party seeking assistance or aid.

2. the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, shall immediately inform the Commission of the withdrawal notification via the permanent representation of the Republic of Poland to the European Union in Brussels.



Chapter 4 the reimbursement of aid granted in accordance with the principles of the common market and the aid used in accordance with the intended Article. 25. [obligation to refund granted public aid] 1. The beneficiary is obliged to reimburse the amount equivalent to the public aid which the Commission issued a decision on the obligation to reimburse the aid unless the result brought the appeal will be suspended the execution of the decision of the Commission.

2. The repayment obligation referred to in paragraph 1. 1, also includes the interest referred to in article 1. 14 paragraph 1. 2 Council regulation.

3. pending implementation by the beneficiary of the aid of the obligation referred to in paragraph 1. 1, no public aid may not be granted, and, in the case of her prior to grant is paid to that beneficiary.


Article. 26. [the transfer of a copy of the decision on the obligation to repay aid] 1. A copy of the decision of the Commission of the obligation to repay aid referred to in article 1. 14 Council regulation, and released in the case referred to in article 1. 9 and art. 16 Council regulation, the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, shall immediately: 1) in the case of an aid scheme – assisting entity, which shall immediately forward it to beneficiaries of assistance;

2) in the case of an individual aid and aid for restructuring – assisting parties and obliged entities to return.

2. the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, announces in commonly available information network about the release of the Commission decision referred to in article 1. 14 Council regulation, and released in the case referred to in article 1. 9 and art. 16 Council regulation, as well as information about the recovery of the aid by the beneficiary of the aid.

Article. 27. [revocation and termination] 1. In the case of the decision of the Commission of the obligation to return the aid referred to in article 1. 14 Council regulation, if the aid was granted on the basis of: 1) decision, the authority which issued the decision may revoke or change without the consent of the parties or require the return of the aid; provision of art. 253A § 3 and article. 256 of the Act of 29 August 1997 – tax (Journal of laws of 2005, No. 8, item 60, as amended) shall not apply;

2) contract-donor assistance can apply to the Court for dissolution of the contract, on the basis of which aid has been granted, or to order the return of the aid.

2. the provision of paragraph 1. 1 shall apply also in the case of the decision the Commission of the obligation to repay aid in the cases referred to in article 1. 9 and art. 16 Council regulation.

3. In civil proceedings, administrative proceedings and proceedings before administrative courts the President of the Office, and the State aid in the agriculture or fisheries-the Minister competent for agriculture, entitled the Prosecutor specified in separate regulations.

Article. 28. [Compulsory recovery of the amount equivalent to the aid] Forced recovery of the amount equivalent to the aid with interest follows respectively in the provisions of the enforcement proceedings in administration or in the provisions on judicial enforcement.



Chapter 5 the procedure before the Court of Justice Article. 29. [jurisdiction] 1. The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, is the authority competent to represent the Republic of Poland in the State aid proceedings pending before the Court of Justice and the Court of first instance, in which a party is, the Republic of Poland.

2. the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, is the authority competent to make, with the approval of the Council of Ministers, on behalf of the Republic of Poland, the appeal from the decision of the Commission to the Court of Justice and the Court of first instance in cases from the scope of State aid.

3. the Council of Ministers agrees on the appeal referred to in paragraph 1. 2, taking into account the position of the entity developing the project of an aid scheme, the granting authority, the Office of the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, as well as the position reported by other parties that have a legal interest in respect of an appeal from a decision of the Commission.

4. The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, is the authority competent to submit, at the request of and on behalf of the local government unit, appeals from the decision of the Commission to the Court of Justice and the Court of first instance, in cases of State aid.

5. The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, is the authority competent to make, with the approval of the Council of Ministers, on behalf of the Republic of Poland, in matters of State aid the Court of Justice and to participate in proceedings pending in this respect before the Court of Justice and the Court of first instance.

6. the Council of Ministers of the consent referred to in paragraph 1. 5, taking into account the position of the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture.

7. In matters concerning the public aid, pending before the Court of Justice or the Court of first instance, the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, can benefit from legal representation. The costs of legal representation are covered from the State budget of the parts, which have is the President of the Office, and the State aid in the agriculture or fisheries with parts which have is the competent minister for agriculture.

8. If a request for appeal there local government authority, the costs of legal representation borne by the authority.

Article. 30. [Notice] the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, announced immediately in commonly available ICT network, in relation to proceedings in which it is a party, the Republic of Poland, the following information: 1) appeal from a decision of the Commission in matters relating to public assistance;

2) has been lodged to the Court of justice cases relating to state aid;

3) release of the judgment of the Court of Justice or the Court of first instance in cases relating to state aid.



Chapter 6 Monitoring State aid Article. 31. [the scope of monitoring State aid] 1. Monitoring State aid includes the collection, processing and transmission of information on public aid, in particular about the types, forms and sizes, and complying with national limit the cumulative amount of de minimis aid in the agriculture or fishing.

2. the authority monitoring State aid is the President of the Office, and the State aid in the agriculture or fisheries minister competent for agriculture.

3. The President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, shall communicate to the Commission the annual report of the public aid referred to in article 2. 6 of Commission Regulation (EC) no 794/2004 of 21 April 2004 implementing Council Regulation (EC) no 659/1999 laying down detailed rules for the application of article 9. 93 of the EC Treaty.

Article. 31A. [Publication information about the amount of the national limit the cumulative amount of de minimis aid in the agriculture or fishing] 1. The competent Minister in charge of agriculture, by the notice, publish in the official journal of the Republic of Poland "Monitor Polish", at least once every quarter, and in the case of the national limit on the cumulative amount of de minimis aid in the agriculture or fisheries-immediately, information about the height of the national limit of cumulative amount of de minimis aid in the agriculture or fishing.

2. The information referred to in paragraph 1. 1, should contain an indication of: 1) the height of the three-year national limit cumulative amount of de minimis aid in the agriculture or fisheries;

2) State of the limit referred to in paragraph 1.

Article. 32. [report on public assistance other than State aid in agriculture or fisheries, or information about the award of such assistance during the reporting period] 1. Entities providing assistance are required to draw up and submit to the President of the Office of public aid reports other than State aid in agriculture or fisheries, or information about the award of such assistance during the reporting period [1]. The reports shall include, in particular, information on the beneficial ownership of the aid and the types of, forms, size and purpose of the aid.

2. where State aid is provided for in the Act of seeking, referred to in article 2. 6 paragraph 1. 2, to draw up and present: 1) reports referred to in paragraph 1. 1 are obliged entities that received from the beneficiaries of the aid declarations or other documents that specify the amount of the reduction of benefits on the basis of this normative act;

2) the information referred to in paragraph 1. 1 are obliged entities that have not received the Declaration or any other document, from which it is apparent that there has been a reduction of benefits on the basis of this normative act.

3. Heads of tax offices and heads of Customs offices and directors of the boards of Directors of customs Chambers Treasury and shall provide reports or information referred to in paragraph 1. 1, through the proper Minister of public financies.

4. Local Government Unit shall provide reports or information referred to in paragraph 1. 1, through the regional boards of Auditors.


5. the National Fund for environmental protection and water management shall report or information referred to in paragraph 1. 1, through the Minister responsible for the environment, and the provincial environmental protection and water management funds-through marshals provinces.

6. The voivodes or report shall provide the information referred to in paragraph 1. 1, directly to the President of the Office.

7. regional financing institutions shall provide reports or information referred to in paragraph 1. 1, the Polish Agency for enterprise development, which then passes them on to the President of the Office through the Minister responsible for the economy.

8. Voluntary Work or report shall provide the Hordes information referred to in paragraph 1. 1, through the Minister responsible for labour affairs.

9. Entities not listed in paragraph 1. 3-8 shall provide reports or information referred to in paragraph 1. 1, through the bodies overseeing them, and in the absence of such bodies, directly to the President of the Office.

10. reports or information referred to in paragraph 1. 1, shall be via remote data transfer in electronic form, on the forms contained in commonly available network communication by the President of the Office, or, subject to paragraph 2. 11, using widely available shared ICT network SHRIMP by the President of the Office, and, in the case of the bodies referred to in paragraph 1. 3, by the proper Minister of public financies within a separate network of the Ministry of finance.

11. the Council of Ministers shall determine, by regulation, the list of donors responsible for reporting or information referred to in paragraph 1. 1, using SHRIMP and its method of sharing, bearing in mind the need for gradual implementation of application monitoring to ensure the effectiveness and SHRIMP.

12. The provisions of paragraphs 2 and 3. 3-9 in the field of mediation in the transmission of reports and information referred to in paragraph 1. 1, does not apply to assistance entities responsible for reporting or information referred to in paragraph 1. 1, using SHRIMP.

Article. 32A. [report on State aid granted in the agriculture or fisheries, or information about the award of such assistance during the reporting period] 1. Entities providing assistance are required to draw up and submit to the Minister competent for agriculture reports on State aid granted in the agriculture or fisheries, or information about the award of such assistance during the reporting period [2]. The reports shall include, in particular, information on the beneficial ownership of the aid and the types of, forms, size and purpose of the aid.

2. Subject to paragraph 2. 5, for the transmission of reports and information referred to in paragraph 1. 1, the Minister competent for agriculture of the provisions of article 3. 32 paragraph 1. 2 to 9 shall apply mutatis mutandis.

3. A report or information referred to in paragraph 1. 1, shall be via remote data transfer in electronic form, on the forms contained in commonly available information network by the Minister responsible for agriculture or, subject to paragraph 2. 4, using a shared application widely available information network by the Minister responsible for agriculture.

4. the Council of Ministers shall determine, by regulation, the list of donors required to communicate to the Minister competent for agriculture of the reports or information referred to in paragraph 1. 1, with the use of the application and its method of sharing, bearing in mind the need for gradual implementation of the application and ensure the effectiveness of the monitoring of State aid in the agriculture and fishing.

5. The provisions of article 4. 32 paragraph 1. 3-9 in the field of mediation in the transmission of reports and information referred to in paragraph 1. 1, does not apply to assistance entities responsible for reporting or information referred to in paragraph 1. 1, with the use of the application.

Article. 33. [transmission of information about granted public aid] 1. Actors are required to provide, at the request of the President of the Office, the Minister responsible for agriculture or the proper Minister of public financies, information about granted public aid, the extent and date indicated in the request.

2. Producers of official assistance programmes providing for the granting of aid under block exemptions shall inform the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, to start providing assistance on the basis of an aid scheme.

3. granting individual aid under block exemptions shall inform the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture, to grant this aid.

4. The information referred to in paragraph 1. 2 and 3, followed by via remote data transfer in electronic form, on the forms contained in commonly available network communication by the President of the Office or the Minister responsible for agriculture.

Article. 33A. [Check local law] the President of the Office checks in local legislation, referred to in article 1. 8 paragraph 1. 1. Article. 34. [reports on the backlog of entrepreneurs in the payments of benefits due to the public finance sector] 1. The competent authorities for the collection of receivables are obliged to communicate to the Minister competent for the public finances, reports traders backlog in payments of benefits due to the public finance sector, within its jurisdiction.

2. The reports referred to in paragraph 1. 1, shall be via remote data transfer in electronic form, on the forms contained in commonly available network communication by the President of the Office.

3. The provisions of article 4. 32 paragraph 1. 3 to 9 shall apply mutatis mutandis.

Article. 35. [the delegations] the Council of Ministers will determine, by means of regulations: 1) the scope of the reports and information referred to in article 1. 32 paragraph 1. 1, and the reports referred to in article 1. 34 para. 1, time limits for their submission and reporting periods and the model forms, with a view to ensuring the effectiveness of the monitoring of State aid and the need to take account of the technical conditions linked with the transmission of reports and information referred to in article 1. 32 paragraph 1. 1, using SHRIMP;

2) the scope of the reports and information referred to in article 1. 32A paragraph. 1, time limits for their submission and reporting periods and the model forms, with a view to ensuring the effectiveness of the monitoring of State aid in the agriculture or fisheries, in particular compliance with the national limit on the cumulative amount of de minimis aid in the agriculture or fishing.

Article. 36. [a report containing the results of the monitoring of public aid in the previous year] 1. The President of the Office, and the State aid in the agriculture or fisheries-the competent minister in charge of agriculture, on the basis of the reports and information referred to in article 1. 32 paragraph 1. 1 and art. 32A paragraph. 1, shall 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 the data on the size, form and purpose of public assistance, as well as evaluation of the impact of the aid in the sphere of competition.

1a. The President of the Office shall draw up a report referred to in paragraph 1. 1, in consultation with the competent Minister of public financies.

2. The proper Minister of public financies, submit to the Council of Ministers, the annual cumulative information on the arrears of entrepreneurs in the payments of benefits due to the public finance sector.

3. The reports referred to in paragraph 1. 1, the Council of Ministers represents the Sejm until the end of the calendar year following the year to which the report relates.

Article. 37. [obligation to submit certificates and declarations] 1. The entity applying for the de minimis aid is required to submit to an entity assisting, along with a request for assistance: 1) all certificates of de minimis aid received in the year in which the aid is applied for and in the 2 preceding years it, or statements about the size of de minimis aid received in this period, or a statement of failing such assistance during this period;

2) information necessary to grant de minimis aid, relating, in particular, of the applicant and of by his economic activities, and the size and destination of the public assistance received in respect of the same eligible costs aid for which is to be designed de minimis aid.

2. the applicants for de minimis aid in the agriculture or fisheries is required to submit to an entity assisting, along with a request for assistance: 1) all certificates of de minimis aid in the agricultural sector, which has in the year in which the aid is applied for and in the 2 preceding fiscal years it, or statements about the size of a de minimis aid in the agricultural sector received in this period , or the Declaration of failing such assistance during this period;


2) all certificates of de minimis aid in the fisheries sector, which has in the year in which the aid is applied for and in the 2 preceding years it, or statements about the size of a de minimis aid in the fisheries sector in this period, or a statement of failing such assistance during this period;

3) information necessary to grant de minimis aid in the agriculture or fisheries, concerning, in particular, of the applicant and of by his economic activities, and the size and destination of the public assistance received in respect of the same eligible costs aid for which is to be designed de minimis aid in agriculture or fisheries.

2A. the Council of Ministers shall determine, by regulation, the scope of the information referred to in paragraph 1. 1 paragraph 2 and paragraph 3. 2, paragraph 3, and the model of the form information, guided by the need to ensure the completeness and clarity of the information provided.

3. The President of the Office shall submit to the Commission, at its request, information on de minimis aid.

4. the competent Minister for agriculture shall submit to the Commission, at its request, information on de minimis aid in the agriculture or fishing.

5. the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries is required to submit to an entity assisting, together with the application for the grant, information about the applicant and carried out by his economic activities and information about the received public aid, in particular an indication of the day and the legal basis for it to be granted, form and purpose, or the Declaration of the non-assistance.

6. the Council of Ministers shall determine, by regulation, the scope of information and statements referred to in paragraph 1. 5, and the model forms of information, taking into account the purpose of the planned aid and the need to ensure that the permitted volume of aid granted in connection with the implementation of the project by the individual entities seeking help and taking into account the reporting requirements.

7. pending the transfer by the entity applying for aid certificates, statements or information referred to in paragraph 1. 1, 2 and 5, aid may not be granted to the ago.

8. The obligation to provide information referred to in paragraph 1. 1 point 2, paragraph 2. 2 paragraph 3 and in paragraph 2. 5, shall not apply if this information shall be forwarded to the company assisting on the basis of separate laws.

Article. 38. [information on the approval of the aid or the absence of notification] 1. Donor assistance is required, by providing public assistance, inform the recipient in writing of its approval by the Commission in accordance with article 5. 88 of the EC Treaty or of the lack of notification.

2. In the case of public aid granted on the basis of an aid scheme the information referred to in paragraph 1. 1 also includes an indication of the reference number given by the Commission.

3. The provisions of paragraphs 2 and 3. 1 and 2 shall not apply in the case of aid in the form of tax relief, granted on the basis of the normative act, which makes the acquisition of the right to receive the aid solely to compliance with the conditions laid down in that Act, without a decision.

Article. 39. [transfer of information by the recipient of the aid and the entity applying for help] 1. The beneficiary of the aid and the entity applying for aid is required to provide information on their public support to the President of the Office, and the State aid in the agriculture or fisheries-the Minister competent for agriculture, or entity assisting-at their request, to the extent and for the time periods specified in the request.

2. The period referred to in the request referred to in paragraph 1. 1, may not be less than 14 days, unless the information concerning the assistance occurs.

Article. 40.1. (repealed).

2. (repealed).

3. (repealed).

4. (repealed).

Article. 41. [Protection of trade secrets and other information to be protected] 1. Employees of the bodies pursuing the tasks specified in the Act are obliged to protect trade secrets, as well as other information to be protected on the basis of separate provisions, which they message in connection with the ongoing investigations or implementation of other tasks specified in the Act.

2. The provisions of paragraph 1. 1 shall not apply to information that is publicly available, indicate the party seeking assistance, the beneficiary of the aid, information about the size and the form granted to him and its purpose, legal basis, as well as assistance entities.

3. Does not constitute an infringement of the obligation to maintain secrecy of the enterprise, as well as other secrets protected by law, the transfer of information to the Commission in connection with the implementation of the tasks referred to European Union law on State aid, the transmission of reports of aid granted pursuant to art. 32 and article. 32A and reports of arrears referred to in article 1. 34 para. 1. Chapter 7 control of the aid beneficiary Article. 42. [control of the aid recipient] 1. In the case of control by the Commission, referred to in article 1. 22 paragraph 1. 1 Council regulation, hereinafter referred to as "control on the aid beneficiary", the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, is entitled to submit to the Commission the comments as to the audit and objection to the choice of experts.

2. In the course of checks on the aid beneficiary may be present a person authorized by the President of the Office, and the State aid in the agriculture or fisheries-the Minister responsible for agriculture.

Article. 43. [oppose inspection] If the beneficiary objects to the inspection, the President of the Office, and the State aid in the agriculture or fisheries – minister competent for agriculture, can get help from government officials, which are authorised to carry out checks, or police officers of the unit proper due to the beneficiary of the aid.



Chapter 8 penalties Art. 44. [criminal responsibility] 1. For non-performance or improper performance of the duties referred to in article 1. 21(1). 2 and art. 39, and the obstruction of inspection on the beneficiary of the aid, the President of the Office, and the State aid in the agriculture or fisheries-the competent minister in charge of agriculture may, by decision, impose on the beneficiary a penalty up to the equivalent of € 10 000.

2. the amount of the penalty referred to in paragraph 1. 1, shall be determined, taking into account in particular the degree of and the circumstances of the breach of the provisions of the Act.

3. the amount referred to in paragraph 1. 1, are converted into gold, according to the average exchange rate of foreign currency as announced by the Polish National Bank, in force on the date of the decision of the President of the Office or the decision of the Minister responsible for agriculture.

Article. 45. [deadline for penalty] 1. A fine shall be paid within 14 days from the date on which the decision of the President of the Office or the competent Minister for agriculture of its applied to the aid beneficiary has become final.

2. [3] in the case of failure to pay penalty charges statutory interest for the delay.

3. Compulsory recovery of the penalty follows in the provisions of the enforcement proceedings in administration.

4. The financial resources derived from fines represent revenue of the State budget.

Article. 46. [a reference to the Court of competition and consumer protection] 1. The decision of the President of the Office of imposing penalty may be appealed to the Court of competition and consumer protection within 14 days from the date of its delivery.

2. Procedure on appeals from the decisions of the President of the Office takes place according to the provisions of the Act of 17 November 1964 – code of civil procedure (OJ No 43, item 296., as amended.) of the proceedings in competition matters.

3. in the case of an appeal against a decision of the President of the Office shall transmit it without delay, together with the acts to court for competition and consumer protection.

4. (repealed).



Chapter 9 changes to the existing Article. 47. (omitted).

Article. 48. (omitted).

Article. 49. (omitted).

Article. 50. (omitted).

Article. 51. (omitted).

Article. 52. (omitted).

Article. 53. (omitted).

Article. 54. (omitted).

Article. 55. (omitted).

Article. 56. (omitted).

Article. 57. (omitted).

Article. 58. (omitted).

Article. 59. (omitted).

Article. 60. (omitted).

Article. 61. (omitted).

Article. 62. (omitted).



Section 10 transitional and final provisions Article. 63. [transitional provision] within a period of 3 years from the date of entry into force of this Act, in order to determine whether the planned aid for entrepreneurs is using a de minimis aid, donor aid takes into consideration the sum of: 1) values of individual aid granted to the traders before the date of entry into force of this Act, if the value of the aid, including the value of the aid granted to entrepreneurs during the next 3 years prior to the date of the grant does not exceed the equivalent of 100 thousand. the euro and is not subject to the assessment by the President of the Office;

2) aid the de minimis character has been confirmed by the certificate referred to in article 2. 5. 2.


Article. 64. [Remission procedures for reviews] on the date of entry into force of this law, the procedure for an opinion by the President of the Office conducted pursuant to art. 24 or 25 of the Act, referred to in article 1. 71, are remitted.

Article. 65. [changes in normative acts] if the statutes referred to in article 1. 6 paragraph 1. 2, there are aid schemes, the competent entities are required to prepare projects of appropriate changes in those acts within 1 month from the date of entry into force of this Act.



Article. 66. (omitted).

Article. 67. (omitted).

Article. 68. (omitted).

Article. 69. (omitted).

Article. 70. [the provisions repealed] 1. Provision of art. 2 of the law of 19 September 2003 amending the law on the conditions of admissibility and supervising public aid for entrepreneurs (OJ l No 189, poz. 1850) expires after 3 years from the date of entry into force of this Act, except that the aid referred to in article 1. 2. 1 of this Act, the provisions of this Act on individual aid, subject to the provisions of paragraph 2. 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 1. 1, that meet the conditions laid down for aid programmes and on which the Commission issued a decision on the compatibility with the common market, it is not subject to notification.

3. By 1 May 2007, the Council of Ministers may, by means of regulations, to establish programmes of assistance in terms of State aid granted on the basis of a set of separate, taking into account in particular the needs of the development of the economy and the need to ensure the compatibility of this aid with the common market.

Article. 71. [the provisions repealed] is repealed the Act of 27 July 2002 on conditions of admissibility and supervising public aid for entrepreneurs (Journal of laws No. 141, item 1177 and of 2003 # 159, poz. 1537, # 188, poz. 1840, no. 189, poz. 1850 and No 228, item 2261).

Article. 72. [entry into force] this Act shall enter into force on the date of the notice.



 

 

1) this Act shall be partial implementation of Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (OJ. EC-L 195 from 29.07.1980) as last amended by Directive 2000/52/EC (OJ. EC-L 193 of 29.07.2000).

The data relating to the Declaration of the European Union, provided in this law-on the day of the Republic of Poland in the European Union membership-applies to the notice of those acts in the official journal of the European Union-Special Edition.

[1] on the basis of article. 4 of the law of 25 April 2008 amending the Act on proceedings in cases concerning State aid and the law on taxes and fees (OJ l. # 93, item. 585), until the reporting periods and deadlines for the submission of information to award aid, this information shall consist of respectively for reporting periods and within the time limits set for public aid reports or reports of State aid granted in the agriculture or fishing.

[2] on the basis of article. 4 of the law of 25 April 2008 amending the Act on proceedings in cases concerning State aid and the law on taxes and fees (OJ l. # 93, item. 585), until the reporting periods and deadlines for the submission of information to award aid, this information shall consist of respectively for reporting periods and within the time limits set for public aid reports or reports of State aid granted in the agriculture or fishing.

[3] Article. paragraph 45. 2 in the version established by art. 30 of the Act of 9 October 2015. amending the law on payment deadlines in commercial transactions, law – civil code and certain other laws (OJ item 1830). The change came into force January 1, 2016.

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