Regulation Of The Council Of Ministers Of 26 October 2004 On Information Provided In Order To Give An Opinion About The Planned State Aid

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 26 października 2004 r. w sprawie informacji przekazywanych w celu wydania opinii o planowanej pomocy publicznej

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On the basis of article. 13 paragraph 1. 4 of the Act of 30 April 2004, proceedings in matters concerning public assistance (Journal of laws No. 123, item. 1291) are managed as follows: § 1. [1] regulation specifies detailed information necessary to deliver reviews, referred to in article. 12 paragraph 1. 1 of the Act of 30 April 2004 on proceedings in cases involving public aid, hereinafter referred to as "the Act", and the elements of which should include the restructuring plan.

§ 2. 1. In the case of a request for an opinion on a draft of an aid scheme, the President of the Office for competition and consumer protection, hereinafter referred to as "the Office" and on State aid in agriculture or fishing, the Minister competent for agriculture, hereinafter referred to as "the Minister", shall be the following: 1) the name and address of the entity developing the project of an aid scheme;

2) the name of the proposed aid scheme;

3) the legal basis for the provision of assistance;

4) purpose of the aid;

5) an indication of whether the project of the aid scheme applies to aid granted under block exemption – in this case, you should bring up the appropriate regulation of the European Commission, hereinafter referred to as ' the Commission ', issued on the basis of Regulation 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);

6) form of the aid and, if the aid is to be granted in the form of: (a)) loan or credit-an indication of how secure their repayment, b) warranties or guarantees – information on the loan or other financial operations covered by the warranty or guarantee, the security required, Commission fees;

7) for a detailed description of the aid, and in particular the taxation and how at the time of its granting;

8) an indication of whether the aid will be 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 or conclusion of a contract, or when the decision will be issued only to confirm acquisition of rights – in this case, you must indicate the conditions that must be met before aid was granted;

9) the size of the appropriations provided for the granting of aid: (a)) on an annual basis; where the proposed size of the measures is not determined on a yearly basis, you must specify this size in relation to the approved period, and (b)) for the whole period of validity of the proposed scheme, or in relation to the period for which the aid program designed to be approved by the Commission;

10) the duration of the proposed aid scheme or the period for which the aid program designed to be approved by the Commission, with the exact date from which and to which the aid may be granted; where the period to be longer than six years, it must be shown that it is necessary to achieve the objectives of the assistance;

11) source of origin help – please indicate whether there are measures of the State budget, the budget of the local government unit or other measures along with a description of the source of their origin;

12) [2] indicate whether the recipients of the aid envisaged is mikroprzedsiębiorcy, mali or the average trader within the meaning of annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of article 2. 87 and 88 of the Treaty (General block exemption regulation) (OJ. EU L 214 of 09.08.2008, p. 3), hereinafter referred to as "Commission Regulation No 800/2008";

13) the estimated number of recipients the intended aid;

14) identification of entity or entities providing assistance;

15) [3] sub region, within the meaning of regulation of the Council of Ministers of 14 November 2007 on the implementation of the nomenclature of territorial units for statistical purposes (NTS) (Journal of laws No. 214, item 1573., 2008 # 215, poz. 1359 and 2009 # 202, poz. 1558), in which the aid is to be granted;

16) an indication of whether the aid may be granted, including assistance under other aid schemes, using the individual or individual aid for restructuring at local, regional, national and community, in relation to the same eligible costs for using-in this case, you must indicate the principle of aggregation of the aid;

17) an indication of whether the draft assistance programme provided that, pending approval by the Commission of the aid may not be granted;

18) if the draft assistance programme included information that should not be shared with third parties and published in the official journal of the European Union – an indication of the information and determine the cause of their secrecy;

19) [4] in the case of an aid scheme that requires notification to the Commission, information on the impact of the aid on competition, including a description of the product markets on which the aid may have a significant impact, the structure and dynamics of those markets and information about the impact on trade between Member States, including information about the effects of commercial offset marketing and the location of economic activity – if the provisions of European Union law applicable to state aid do not provide an explicit legal basis for the approval of the aid by the Commission and provide information about the impact of the aid on competition and on trade between Member States is not required in accordance with paragraph 4.

2. in the event of a change, referred to in article 1. 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, as amended. d.; Oj. EU Polish Special Edition, chapter. 8, vol. 4, p. 3, as amended. d.), hereinafter referred to as "Commission Regulation", approved by the Commission of the aid scheme, the President of the Office, and on State aid in agriculture or fishing, the Minister, in addition, shall be the following: 1) the number of the assistance given by the Commission;

2) date of approval of the aid scheme by the Commission, including the symbol letters forwarded by the Commission;

3) the duration of the changed scheme;

4) a description of the planned changes and the reasons for their introduction.

§ 3. 1. In the case of a request for an opinion on a project of individual aid and aid for restructuring, the President of the Office, and on State aid in agriculture or fishing, the Minister, shall provide the following information: 1) the name, seat and address of the granting authority;

2) the legal basis for the provision of assistance;

3) purpose of the aid;

4) form of the aid and, if the aid is to be granted in the form of: (a)) loan or credit-an indication of how secure their repayment, b) warranties or guarantees – information on the loan or other financial operations covered by the warranty or guarantee, the security required, Commission fees;

5) a detailed description of the aid, and in particular the taxation;

6) where aid is to be granted under an aid scheme approved by the Commission and shall be subject to the notification on the basis of separate regulations or decisions of the Commission: a) the name of the aid scheme approved by the Commission, (b)) of the assistance given by the Commission, (c)) date of approval of the aid scheme by the Commission;

7) description of the project, the implementation of which is to be granted;

8) [5] subregion, within the meaning of regulation of the Council of Ministers of 14 November 2007 on the implementation of the nomenclature of territorial units for statistical purposes (NTS), in which the aid is to be granted;

9) source of origin help – please indicate whether there are measures of the State budget, the budget of the local government unit or other measures along with a description of the source of their origin;

10) the value of the grant equivalent of the aid, calculated in accordance with the regulation of the Council of Ministers of 11 August 2004 on the detailed way of calculating the value of public aid granted in various forms (OJ No 194, item 1983);

11) aid intensity, if for a given destination was specified intensity;

12) a period of the provision of assistance and, in the case where aid is to be passed in parts – terms to grant each of them;

13) name (company) or the name and surname of the principal applicant;

14) the address of the registered office or place of residence of the party seeking assistance;

15) legal form of the entity applying for aid;

16) an indication of whether the entity applying for help is in a difficult economic situation – in this case, you must indicate the data confirming this situation;

17) data about public assistance received by the applicant for assistance resulting from information deposited pursuant to art. 37 paragraph 2. 5 of the Act;

18) an indication of whether the entity applying for the assistance received in the past, aid in respect of which the Commission adopted the decision on the obligation to repay aid;


19) an indication of whether the entity applying for help is an entrepreneur the public within the meaning of article. 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, item 1411 and # 245, poz. 1775), and supporting data meeting the conditions referred to in that provision;

20) [6] class type of business entity applying for the aid referred to in accordance with the regulation of the Council of Ministers of 24 December 2007 on the Polish classification of activities (PKD) (Journal of laws No. 251, item 1885. and 2009 # 59, item 489);

21) [7] indicate whether the entity applying for aid is the potential Microentrepreneur, small or medium trader within the meaning of annex I to Commission Regulation No 800/2008, and proving fulfilment of the conditions laid down in that annex;

22) data on business activities undertaken by the entity applying for the assistance, including: a) net income from the sale of products, goods and materials for the last fiscal year, (b)) the production volume in the most recent fiscal year in terms of volume and value, taking into account the basic groups of products or services, (c)) [8] the structure of sales on the domestic market, the market of the European Union and to the European economic area, (d)) an estimate of the size of the , expressed as a percentage, of the market share on which it operates, according to specific groups of products or services, where its market share exceeds 10%;

23) a list of the main competitors of the applicant entity, mentioning their names (companies) or first and last name and the address of the registered office or place of residence;

24) information about the entry in the records of the business or of the national court register together with a copy of the actual certificate or copy;

25) information about the financial situation of the entity applying for help with a copy of the financial statements for the last fiscal year, (a) in the case of individual aid project for restructuring or rescue aid – for the last 3 financial years;

26) if the draft individual aid or project aid for restructuring included information that should not be shared with third parties and published in the official journal of the European Union – an indication of the information and determine the cause of their secrecy;

27) [9] in the case of an individual aid that requires individual notification to the Commission, information on the impact of the aid on competition, including a description of the product markets on which the aid may have a significant impact, the structure and dynamics of those markets and the approximate share of the party seeking assistance in this market, and information about the impact on trade between Member States, including information about the effects of commercial offset marketing and the location of economic activity – if the provisions of European Union law applicable to state aid do not constitute the express legal basis for the approval of the aid by the Commission and provide information about the impact of the aid on competition and on trade between Member States is not required in accordance with paragraph 4.

2. in the event of a change, referred to in article 1. 4 paragraph 1. 1 Commission Regulation, approved by the Commission of individual aid or aid for restructuring, the President of the Office, and on State aid in agriculture or fishing, the Minister, in addition, shall be the following: 1) the number of the help given by the Commission;

2 the date of approval by the Commission of the aid), with the symbol of the letter by the Commission;

3) a description of the planned changes and the reasons for their introduction.

§ 4. 1. In addition to the information referred to in paragraph 2 and 3, the President of the Office shall be the information specified: 1) [10] in annex # 1 [11] to regulation, in the case of horizontal aid investment and employment for small and medium-sized enterprises, and aid for consultancy services for small and medium-sized enterprises and the participation of small and medium-sized enterprises in the trade fair;

2) [12] in annex 2 [13] to regulation, in the case of horizontal aid training;

3) [14] in annex # 3 [15] of regulation, in the case of horizontal aid for disadvantaged workers and workers with disabilities;

4) [16] in annex # 4 [17] of regulation, in the case of horizontal aid for research, development and innovation;

5) in annex # 5 [18] to regulation, in the case of horizontal aid for rescue;

6) in annex # 6 [19] to regulation, in the case of horizontal aid for restructuring;

7) in annex # 7 [20] to regulation, in the case of horizontal aid for environmental protection;

8) [21] Annex # 8 [22] to regulation – in the case of aid in the form of risk capital;

9) in annex 9 to regulation, in the case of regional aid;

10) in annex 10 to the regulation, in the case of aid for the implementation of large investment projects;

11) [23] in annex # 11 [24] to regulation – in the case of aid for cinema and other audiovisual;

12) in annex 12 to the regulation in the case of aid which is compensation for services of general economic interest;

13) in annex 13 to regulation in specific cases, the aid granted in the transport sector;

14) [25] (repealed)

15) [26] (repealed)

16) in annex 16 to the regulation in the case of aid granted in the coal mining sector.

2. The provisions of paragraph 1. 1 shall not apply in the event of a change, referred to in article 1. 4 paragraph 1. 2 Commission Regulation, approved by the Commission of the aid scheme.

§ 5. The restructuring plan to be attached to the application for an opinion on a individual aid for restructuring shall contain the elements specified in part III, 8. (B) paragraph 2.2 of annex l to Commission Regulation.

§ 6. To the request for an opinion must include information about the person designated to contacts with the Office of competition and consumer protection or the Office that supports the Minister responsible for agriculture, covering her first and last name, job title, telephone and fax numbers, and e-mail address.

§ 7. Loses power regulation of the Council of Ministers of 10 December 2002 on the detailed scope of the information to be submitted to the regulatory body in order to give an opinion about the planned public assistance (Journal of laws of 2003, no. 1, item 1).

§ 8. This Regulation shall enter into force after the expiry of 7 days from the date of the notice.



 

1) amendments to the said regulation have been announced in the journal of laws of 2001, no. 12, item. 101, 2002 No. 34, item. 311, # 177, item. 1458 and # 191, item. 1594, 2003 # 208, item. 2021 and 2004 No 98, item. 998. Annex 1. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID INVESTMENT AND EMPLOYMENT FOR SMALL AND MEDIUM-SIZED ENTERPRISES, AND AID FOR CONSULTANCY SERVICES FOR SMALL AND MEDIUM-SIZED ENTERPRISES AND THE PARTICIPATION OF SMALL AND MEDIUM-SIZED ENTERPRISES IN FAIRS]

Annexes to the regulation of the Council of Ministers of 26 October 2004 (2467) Appendix 1 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID investment and EMPLOYMENT for small and medium-sized enterprises, and AID for CONSULTANCY SERVICES for small and medium-sized enterprises and the PARTICIPATION of small and medium-sized enterprises in the trade fair in the case of horizontal aid investment and employment for small and medium-sized enterprises, and aid for consultancy services for small and medium-sized enterprises and the participation of small and medium-sized companies in the fair, the following should be provided: 1) the information referred to in part III. 1 points 1 to 8 of annex I to Commission Regulation, with the exception of the information referred to in part III. 1 point 2.4 of that annex;

2) the number of persons to be employed, in terms of the full working hours, in the case of employment aid granted as individual aid.

Annex 2. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID TRAINING]

Appendix 2 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID TRAINING 1. In the case of horizontal aid training, you must provide the information referred to in part III, point 1 – 5, 8 – 14, 19 – 27, 35 and 36 of annex I to the Commission Regulation.

2. in the case of individual aid, it should also provide the information referred to in part III. 2 points 6, 7, 15-18 and 28-34 of annex I to the Commission Regulation.

Annex 3. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID FOR DISADVANTAGED WORKERS AND WORKERS WITH DISABILITIES]

Annex # 3 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID for disadvantaged WORKERS and DISABLED WORKERS in the case of horizontal aid for disadvantaged workers and workers with disabilities, the following should be provided:


1) the information referred to in paragraph 3, part III, 1-3, 5-15, 17-21 and 31-33 of annex I to the Commission Regulation;

2) the number of persons to be employed, in terms of full working time, and the information referred to in part III. 3 paragraph 4, 16 and 22 – 30 of annex I to the Commission Regulation, in the case of individual aid.

Annex 4. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID FOR RESEARCH, DEVELOPMENT AND INNOVATION]

Annex 4 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID for RESEARCH, development and innovation 1. In the case of an aid project, you must provide the information referred to in part III. 6. paragraphs 1 to 6 and 9 of annex I to Commission Regulation.

2. in the case of individual aid project, you must provide the information referred to in part III. 6. paragraphs 1 to 6, 9 and 12 of annex I to Commission Regulation.

Appendix 5. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID TO RESCUE]

Appendix 5 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID to RESCUE 1. In the case of an aid project, you must provide the information referred to in part III. 7. paragraphs 1 to 5 of annex I to the Commission Regulation.

2. in the case of individual aid, please provide: 1) the information referred to in part III. 7. B, points 1, 2, 3.1, 3.2, 3.3, 4 of annex l to Commission Regulation; in the case of the information referred to in point 1.7 of annex III, you should also indicate whether the aid was approved by the President of the Office;

2) information that indicates that the condition is met the Commission, no later than 6 months from the approval of rescue aid, the restructuring plan, a liquidation plan or proof that the loan has been reimbursed in full or the warranty has expired, where this condition is not a direct result of the Act which is the legal basis for the granting of the aid.

Annex 6. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID FOR RESTRUCTURING]

Annex No. 6 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID for the RESTRUCTURING of 1. In the case of the aid project, the following should be provided: 1) the information referred to in part III. 8. points 1 and 3 – 8 of annex I to Commission Regulation;

2) information on how the aid program ensures that aid from it is subject to the implementation by the aid beneficiary of the restructuring plan which satisfies the conditions referred to in part III. 8. point 2 of annex l to Commission Regulation.

2. in the case of individual aid, please provide the information specified in part III, 8. (B) paragraph 1, 2.1, 2.3, 2.4 and 3 of annex l to Commission Regulation. In the case of the information referred to in point 1.7 of annex III, you should also indicate whether the aid was approved by the President of the Office.

Annex 7. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF HORIZONTAL AID FOR ENVIRONMENTAL PROTECTION]

Annex No. 7 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of HORIZONTAL AID for ENVIRONMENTAL PROTECTION in the case of horizontal aid for environmental protection, the following should be provided: 1) the information referred to in part III. 10, points 1, 2, 4, 9 and 11 of annex I to Commission Regulation;

2) the information referred to in part III, paragraph 3, 10, 5 and 6 of annex I to Commission Regulation, as appropriate, in the cases referred to in those provisions to the destination;

3) where the aid is intended for investments aimed at adapting to standards laid down in Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ. EC-L 135 of 30.05.1991 p. 40, as amended. d.; Oj. EU Polish Special Edition, chapter. 15, t. 2, p. 26) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ. EC-L 182 of 16.07.1999, p. 1, as amended. d.; Oj. EU Polish Special Edition, chapter. 15, vol. 4, p. 228) 1), the following information: a) standards applicable in a given case. standards of the European Union and the relevant standards in the Polish legislation implementing the standards of the European Union, b) costs eligible for aid, in accordance with part III. 10 point 3.2.3 (B) of annex I to the Commission Regulation, c) allowable aid intensity and the intensity of the aid received in connection with an investment, d) date that ends the transitional period for which an entity seeking assistance can receive State aid referred to in this section;

4) where the aid is intended for investments aimed at adapting to standards laid down in European Parliament and Council Directive 2008/1/EC of 15 January 2008 concerning integrated pollution prevention and control (OJ. EU L 24 of 29.01.2008, p. 8) 2): a) information indicating that an existing installation in accordance with Chapter 13, section D, point 1 of annex XII to the accession treaty Polish to the EU will be related to aid, or showing that the aid will be related to another installation, (b)) other information referred to in paragraph 3;

5) where the aid is intended for investments aimed at adapting to standards laid down in European Parliament and Council Directive 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ. EC-L 309, 27.11.2001, p. 1, as amended. d.; Oj. EU Polish Special Edition, chapter. 15, 6. p. 299) 3): a) information indicating that an existing installation in accordance with Chapter 13, section D, point 2 of annex XII to the accession treaty Polish to the EU will be involved aid, (b)) other information referred to in paragraph 3;

6) other information that donor aid it considers relevant in the assessment of the planned aid, especially if this support is not fully compatible with the Community guidelines on State aid for environmental protection (OJ. C 82 of 01.04.2008 – wegoma, p. 1).

 

1) this directive have been implemented into Polish law by: 1) the Act of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended), 2) Act of 18 July 2001 – water law (Journal of laws of 2005, no. 239, poz. 2019, as amended), 3) Act of 27 April 2001 on waste (Journal of laws of 2007. # 39 , item. 251, as amended. d.), 4) Act of 7 June 2001 on collective water supply and multiple discharges (OJ 2006, # 123, poz. 858, as amended), 5) Act of 13 September 1996 on the maintenance of cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended), 6) Act of 4 February 1994, the geological and mining law (Journal of laws of 2005, no. 228 , item. 1947, as amended. d.), 7) Regulation of the Council of Ministers of 23 December 2002 on the boundaries between the inland surface waters and internal sea waters and the territorial sea (Journal of laws No. 239, item 2035, as amended), 8) the regulation of the Minister of environment of 24 July 2006 on the conditions to be met by the introduction of sewage into waters or into the ground, and on substances particularly harmful to the aquatic environment (Journal of laws No. 137 , item. 984, as amended. d.), 9) the regulation of the Minister of environment of 27 July 2004 concerning the permissible masses of substances which may be discharged in industrial waste (Journal of laws No. 180, item., 1867), 10) the regulation of the Minister of Construction of 14 July 2006 on how to implement the obligations of the providers of industrial waste water and waste water drainage equipment conditions (OJ No 136, poz. 964), 11) Regulation of the Minister of infrastructure of 12 April 2002 on technical conditions , which should correspond to the buildings and their location (Journal of laws No. 75, item 690, as amended), 12) the regulation of the Minister of infrastructure of 12 November 2002 on the requirements for the refurbishment of vehicles (Journal of laws No. 193, poz. 1617), 13) the regulation of the Minister of Infrastructure of 17 October 2002 on the conditions of liquid waste collecting station (Journal of laws No. 188 , item. 1576), 14) the regulation of the Minister of environment of 14 February 2006 on the model documents used for records of waste (Journal of laws No. 30, p. 213), 15) the regulation of the Minister of environment of 24 March 2003 on the detailed requirements for the location, construction, operation and closure, which should correspond to the different types of waste (Journal of laws No. 61, item 549, as amended.) 16) Regulation of the Minister of environment of 9 December 2002 on the scope, time, manner and conditions of monitoring waste (Journal of laws No. 220, poz. 1858), 17) Regulation of the Minister of environment of 27 September 2001 on the catalogue of waste (Journal of laws No. 112, item 1206), 18) Regulation of the Minister of economy of 21 March 2002 on the requirements for the conduct of the process thermal waste (Journal of laws No. 37 , item. 339, as amended. d.)


19) Regulation of the Minister of environment of 9 April 2003 on the drawing up of waste management plans (Journal of laws No. 66, item 620, as amended), 20) Regulation of the Minister of economy of 30 October 2002 on the types of waste that may be stored in a broad-spectrum (Journal of laws No. 191, poz. 1595).

2) this directive was implemented into Polish law by: 1) the Act of 27 April 2001 – environmental protection law, 2) Act of 7 July 1994-construction law (Journal of laws of 2006, no. 156, item 1118, as amended), 3) Act of 27 March 2003 on planning and spatial (Journal of laws No. 80, item 717 , as amended. d.), 4) Act of 4 February 1994, the geological and mining law, 5) the law of 27 July 2001 on the introduction of the law for the protection of the environment, the law on waste and amending certain acts (Journal of laws No. 100, item 1085, as amended), 6) Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment (Journal of laws No. 199 , item. 1227, as amended. d.), 7) the regulation of the Minister of environment of 26 July 2002 on the types of installations that may cause significant pollution of the individual elements of the natural or the environment as a whole (Journal of laws No. 122, item 1055), 8) the regulation of the Minister of environment of 26 September 2003 on subsequent appointments to obtain integrated permit (OJ No. 177, item. 1736), 9) the regulation of the Minister of environment of 24 July 2006 on the conditions for the to be met by the introduction of sewage into waters or into the ground, and on substances particularly harmful to the aquatic environment, 10) the regulation of the Minister of environment of 27 July 2004 concerning the permissible masses of substances which may be discharged in industrial waste, 11) Regulation of the Minister of environment of 14 June 2007 concerning the permissible noise levels in the environment (Journal of laws No. 120 , item. 826) 3) this directive has been implemented into Polish law by: 1) the Act of 10 April 1997-energy law (Journal of laws of 2006 No 89 item 625, as amended), 2) Act of 27 April 2001 – environmental protection law, 3) Act of 22 December 2004 on air emissions trading of greenhouse gases and other substances (Journal of laws No. 281 , item. 2784, as amended. d.), 4) the regulation of the Minister of environment of 20 December 2005 on the emission standards of installation (Journal of laws No. 260, poz. 2181, as amended), 5) the regulation of the Minister of environment of 4 November 2008 on the requirements in respect of emission measurement and measurements of the amount of water consumed (Journal of laws No. 206, item. 1291), 6) the regulation of the Minister of environment of 19 November 2008 on the kinds of measurements carried out in connection with the operation of the installation or equipment and other data and terms and ways of their presentation (Journal of laws No. 215, poz. 1366).

Annex 8. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF AID IN THE FORM OF RISK CAPITAL]

Annex No. 8 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of aid in the form of risk capital in the event of a draft scheme, you must provide the information referred to in paragraphs 1 to 11 of part III of the 3, 6 and 8 of annex I to the Commission Regulation.

Annex 9. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF REGIONAL AID]

Annex No. 9 ADDITIONAL INFORMATION SUBMITTED to the President of the Office in the case of REGIONAL AID in the case of regional aid, the following should be provided: 1) the information referred to in part III. 4 points 1 to 8 of annex I to Commission Regulation, with the exception of the information referred to in part III, point 4 3.9 of that annex;

2) the number of persons to be employed, in terms of full working time – in the case of an individual aid intended to create new jobs related to the new investment;

3) unemployment rate in the area concerned and the level of gross domestic product per capita, in the case of operating aid.

Annex 10. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF AID FOR THE IMPLEMENTATION OF LARGE INVESTMENT PROJECTS]

Annex No. 10 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of AID for the IMPLEMENTATION of LARGE INVESTMENT PROJECTS in the case of regional aid for the implementation of large investment projects, you must provide: 1) the information referred to in part III of the 5 paragraphs 1 to 5 of annex l to Commission Regulation, with the exception of the information referred to in part III of the 5 point 3.2.2 of that annex;

2) a detailed description of the project, including the reason that this project meets the conditions for new investment.

Annex 11. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF AID FOR CINEMA AND OTHER AUDIOVISUAL]

Annex No. 11 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of aid for CINEMA and OTHER AUDIOVISUAL PROJECTS in the case of aid for cinema and other audiovisual projects, you must provide the information referred to in points 1 to 9 of part III of the annex I to Commission Regulation.

Annex 12. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF AID WHICH IS COMPENSATION FOR SERVICES OF GENERAL ECONOMIC INTEREST]

Annex No. 12 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of aid which is COMPENSATION for SERVICES of General ECONOMIC INTEREST in the case of aid which is compensation for services of general economic interest, the following should be provided: 1) detailed characteristics of the service of general economic interest;

2) whether the applicant entity help has been granted exclusive or special rights;

3) whether the entity applying for help performs other economic activities, including another service of general economic interest and commercial activity;

4) if the person applying for assistance leads additional activity, referred to in paragraph 3-whether the apply transparent accounting separation policies and what are the rules;

5) entrust the applicant entity to help the implementation of the service of general economic interest (law, regulation, agreement, etc.);

6) methodology for calculating the compensation, including whether the size of the compensation also includes specified gain for the party seeking assistance;

7) the manner of payment of the compensation;

8) whether compensation is payable before or after implementation of the provision of services of general economic interest;

9), what are the rules of the recovery of the aid have been established in the event that the amount of the compensation was higher than the actually due;

10) information on the means of ensuring that the amount of compensation will be transferred to other activities, including commercial activities.

Annex 13. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN SPECIAL CASES, THE AID GRANTED IN THE TRANSPORT SECTOR]

Annex No. 13 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in special CASES, the AID GRANTED in the transport sector 1. In the case of restructuring aid for enterprises of the aviation sector in a difficult economic situation, you must provide the information referred to in part III. 13 and paragraphs 1 and 2 of annex l to Commission Regulation.

2. in the case of aid granted in the area of transport infrastructure, you must provide the information referred to in part III. 13. (B) paragraphs 1 to 3 of annex l to Commission Regulation.

3. In the case of aid granted in the shipping sector, you must provide the information referred to in part III. 13. (C) paragraphs 1 to 3 of annex l to Commission Regulation.

4. In the case of aid granted in the framework of combined transport, you must provide the information referred to in part III. 13. paragraphs 1 to 3 of annex l to Commission Regulation.

Annex 14. [(repealed).]

Annex No. 14 (repealed).

Annex 15. [(repealed).]

Annex # 15 (repealed).

Annex 16. [ADDITIONAL INFORMATION SUBMITTED TO THE PRESIDENT OF THE OFFICE IN THE CASE OF AID GRANTED IN THE COAL SECTOR]

Annex No. 16 ADDITIONAL INFORMATION SUBMITTED to the PRESIDENT of the OFFICE in the case of aid granted in the COAL SECTOR, in the case of aid granted in the coal mining sector to: 1) restriction of business activities, 2) providing access to coal reserves, 3) cover exceptional costs – you must provide the information referred to in the Commission decision of 17 October 2002 establishing a joint framework for the communication of information needed for the application of Council Regulation (EC) No 1407/2002 on State aid to the coal industry (OJ. EC-L 300 of 05.11.2002).

 

 

1) this directive have been implemented into Polish law by: 1) the Act of 27 April 2001 – environmental protection law (Journal of laws No. 62, poz. 627, as amended), 2) Act of 18 July 2001 – water law (Journal of laws No. 115, item 1229, as amended),


3) Act of 27 April 2001 on waste (Journal of laws No. 62, item 628., as amended), 4) the Act of 27 July 2001 on the introduction of the law for the protection of the environment, the law on waste and amending certain acts (Journal of laws No. 100, item 1085, as amended), 5) Act of 7 June 2001 on collective water supply and multiple discharges (Journal of laws No. 72 , item. 747, as amended. d.), 6) Act of 7 July 1994-construction law (Journal of laws of 2003 No. 207, item 2016, as amended), 7) Act of 13 September 1996 on the maintenance of cleanliness and order in the communities (Journal of laws No. 132, item 622, as amended), 8) the regulation of the Minister of environment of 11 February 2004 on the classification for the present status of surface water and groundwater , how to conduct monitoring and how to interpret the results and presentation of the status of these waters (OJ No 32, item 284), 9) Regulation of the Council of Ministers of 23 December 2002 on the boundaries between the inland surface waters and internal sea waters and the territorial sea (Journal of laws No. 239, poz. 2035), 10) the regulation of the Minister of environment of 8 July 2004 on the conditions of to be met by the introduction of sewage into waters or into the ground, and on substances particularly harmful to the aquatic environment (Journal of laws No. 168., 1763), 11) Regulation of the Minister of environment of 27 July 2004 concerning the permissible masses of substances which may be discharged in industrial waste (Journal of laws No. 180, item., 1867), 12) the regulation of the Minister of infrastructure of 20 July 2002 on how to implement the obligations of the providers of industrial waste water and waste water drainage equipment conditions (OJ No. No. 129, item. 1108, as amended. d.), 13) Regulation of the Minister of infrastructure of 12 April 2002 on technical conditions, which should correspond to the buildings and their location (Journal of laws No. 75, item 690, as amended), 14) Regulation of the Minister of infrastructure of 12 November 2002 on the requirements for the refurbishment of vehicles (Journal of laws No. 193, poz. 1617), 15) Regulation of the Minister of infrastructure of 17 October 2002 on the conditions of liquid waste collecting station (Journal of laws No. 188 , item. 1576), 16) the regulation of the Minister of environment of 11 December 2001 on the model documents used for records of waste (Journal of laws No. 152, item. 1736), 17) the regulation of the Minister of environment of 24 March 2003 on the detailed requirements for the location, construction, operation and closure, which should correspond to the different types of waste (Journal of laws No. 61, item 549), 18) the regulation of the Minister of environment of 9 December 2002 on the scope of the , time, manner and conditions of monitoring waste (Journal of laws No. 220, poz. 1858).

2) this directive was implemented into Polish law by: 1) the Act of 27 April 2001 – environmental protection law (Journal of laws No. 62, poz. 627, as amended), 2) the regulation of the Minister of environment of 4 August 2003 on the emission standards of installation (Journal of laws No. 163, poz. 1584), 3) the regulation of the Minister of environment of 26 July 2002 on the types of installations that may cause significant pollution of the individual elements of the natural or the environment as a whole (Journal of laws No. 122 , item. 1055), 4) Act of 27 April 2001 on waste (Journal of laws No. 62, item 628., as amended), 5) the law of 27 July 2001 on the introduction of the law for the protection of the environment, the law on waste and amending certain acts (Journal of laws No. 100, item 1085, as amended).

3) this directive has been implemented into Polish law by: 1) the Act of 10 April 1997-energy law (Journal of laws of 2003 No. 153, item 1504, as amended), 2) Act of 27 April 2001 – environmental protection law (Journal of laws No. 62, poz. 627, as amended), 3) the regulation of the Minister of environment of 4 August 2003 on the emission standards of installation (Journal of laws No. 163 , item. 1584), 4) the regulation of the Minister of environment of 13 June 2003 on requirements for conducting emission measurement (Journal of laws No. 110, item. 1057), 5) the regulation of the Minister of environment of 27 February 2003 on the kinds of measurements carried out in connection with the operation of the installation or equipment transferred to the competent authorities of the protection of the environment and the timing and ways of their presentation (Journal of laws No. 59 , item. 529). [1] the title of regulation in the version agreed by § 1 paragraph 1 of the regulation of the Council of Ministers of 3 August 2007 amending the regulation on the information provided to the President of the Office for competition and consumer protection in order to give an opinion about the planned State aid (OJ # 147, item. 1034). Revision came into force on August 29, 2007.

[2] § 2. 1 paragraph 12 is added to be determined by § 1 (1) (a). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[3] § 2. 1 point 15 is added to be determined by § 1 (1) (a). (b)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[4] § 2. 1 paragraph 19 added by § 1 (1) (a). (c)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[5] § 3. 1 paragraph 8 in the version set by § 1, paragraph 2 (a). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[6] § 3. 1 paragraph 20 as amended stipulated by § 1 paragraph 2 (c). (b)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[7] § 3. 1 paragraph 21 as amended stipulated by § 1 paragraph 2 (c). (b)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[8] § 3. 1 paragraph 22 (b). (c)), in the version established by § 1 point 2 (a). (c)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[9] § 3. 1 paragraph 27 added by § 1 paragraph 2 (c). (d)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[10] § 4 paragraph 2. 1 paragraph 1 shall be inserted to be determined by § 1 paragraph 3 (b). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[11] see Appendix 1 in the version agreed by § 1 paragraph 4 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[12] § 4 paragraph 2. 1 point 2 as amended stipulated by § 1 paragraph 3 (b). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[13] see Appendix 2 in the version set by § 1 paragraph 4 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[14] § 4 paragraph 2. 1 paragraph 3 as amended stipulated by § 1 paragraph 3 (b). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[15] see Appendix 3 in the version set by § 1 paragraph 4 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[16] section 4 paragraph 2. 1 paragraph 4 as amended stipulated by § 1 paragraph 3 (b). (a)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.


[17] Annex 4 in the version set by § 1 paragraph 4 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[18] see Appendix 5 in the version agreed by § 1 paragraph 5 of the regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[19] Annex No 6 in the version agreed by § 1 paragraph 6 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[20] Annex # 7 is added to be determined by § 1 paragraph 7 regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[21] § 4 paragraph 2. 1 paragraph 8 in the version set by § 1 paragraph 3 (b). (b)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[22] Annex 8 as amended stipulated by § 1 paragraph 7 regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[23] § 4 paragraph 2. 1 paragraph 11 as amended stipulated by § 1 paragraph 3 (b). (c)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[24] Annex # 11 in the version agreed by § 1 paragraph 8 of regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[25] § 4 paragraph 2. 1 paragraph 14 repealed by section 1 of paragraph 3 (b). (d)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

Annex No. 14 repealed by section 1 of the paragraph 9 of the regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

[26] § 4 paragraph 2. 1 point 15 repealed by section 1 of paragraph 3 (b). (d)) of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

Annex # 15 repealed by section 1 of the paragraph 9 of the regulation of the Council of Ministers of 6 August 2010 amending Regulation on the information provided in order to give an opinion about the planned State aid (OJ # 162, item. 1088). Revision came into force on September 18, 2010.

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