Act Of 19 September 2003 Amending The Law On The Conditions Of Admissibility And Supervising Public Aid For Entrepreneurs

Original Language Title: USTAWA z dnia 19 września 2003 r. o zmianie ustawy o warunkach dopuszczalności i nadzorowaniu pomocy publicznej dla przedsiębiorców

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Article. 1. [the law on conditions of admissibility and supervising public aid for entrepreneurs] in the law 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 and # 188, poz. 1840) is amended as follows: 1) art. 11 shall be replaced by the following: "Article. 11. Assistance programmes to develop public administration bodies, acting within their statutory authority. ";

2) article. 24 paragraph. 1 shall be replaced by the following: "1. the authorities of the public administration of developing assistance programmes exist to the supervisory authority of the request for an opinion on the draft of such a programme.";

3) after article. 46 the following chapter 6a is inserted: ' chapter 6a Particular credit reference mode Article. 46A. 1. To assessment projects aid programmes, and draft decisions and agreements that will provide the basis for the award of individual aid, which will be valid after the date of accession of the Republic of Poland to the European Union, the provisions of the Act with regard to this chapter.

2. Programmes of assistance should take the form of normative acts and include the legal basis for the provision of assistance and establish specific conditions of its granting.

3. The supervisory authority, after the release of the reviews referred to in article 1. 24 and article. 25, it passes the draft aid programmes, and draft decisions and agreements to form the basis for the award of individual aid, the European Commission.

Article. 46b. 1. In the case of an aid scheme, in which local law provides the legal basis for the provision of assistance, and apply detailed terms have its grant set out under the Act that contains authorization for the establishment of that Act, the provision of art. 24 does not apply; the transfer to the European Commission shall be subject exclusively to the design of a normative act specifying the detailed conditions for granting the aid.

2. local legislation containing the legal basis for the provision of assistance to the assisting authority shall forward to the supervisory authority as soon as possible after their adoption.

3. in the case of an aid project, in which local law provides the legal basis for the provision of assistance, and which sets out detailed conditions for granting assistance other than the conditions laid down under the Act that contains authorization for the establishment of this Act, the supervisory authority, after the release of the reviews referred to in article 1. 24, passes the draft assistance programme to the European Commission.

Article. 46 c 1. The authority granting the aid to the supervisory authority of the request for an opinion on the draft of a decision or agreement that will form the basis of award of the aid covered by the aid programme, also in the case when the grant is to take place without the detailed conditions for the granting of the aid referred to in the aid scheme.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the event of substantial changes to the agreement or decision referred to in that provision.

3. The provisions of article 4. 25 paragraph 2. 3 and 4 shall apply accordingly. ".

Article. 2. [1] (repealed).

Article. 3. [transfer of draft regulations the European Commission] the draft regulations referred to in article 1. 2. 2, the President of the Office for competition and consumer protection shall forward to the European Commission.

Article. 4. [entry into force] [2] this Act comes into force after the expiration of 30 days from the date of the notice.

[1] Article. 2 repealed by article. 70 paragraph 1. 1 of the Act of 30 April 2004 on proceedings in cases concerning public assistance (Journal of laws of 2007 # 59, item 404). Change entered into force on 1 June 2007.

On the basis of article. 70 paragraph 1. 1 and 2 of the Act of 30 April 2004 procedure in matters of State aid (OJ 2007, # 59, item 404) to public aid shall apply the provisions of the said law on individual aid, provided that public aid granted in accordance with the conditions laid down in the regulations issued on the basis of art. 2. 2, 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.

[2] this Act comes into force on December 7, 2003.

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