Regulation Of The Council Of Ministers Of 13 October 2006 On The Establishment Of A Regional Aid Map

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 13 października 2006 r. w sprawie ustalenia mapy pomocy regionalnej

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On the basis of article. 10 paragraph 1. 2 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. The regulation sets out the areas of the country in which it is acceptable to granting regional aid, the maximum volume of aid for these areas, as well as the types of economic activity for which the aid is not allowed.

§ 2. Granting regional aid: investment for newly created small enterprises, is acceptable in the highlighted units on the second level (NUTS 2), laid down in the regulation of the Council of Ministers of 13 July 2000 on the implementation of the nomenclature of territorial units for statistical purposes (NTS) (Journal of laws No. 58, item 685., as amended. 1)).

§ 3. The maximum intensity of regional investment aid calculated as a ratio of gross grant equivalent to the costs eligible for the aid, subject to § 4 paragraph 2. 1 and § 5 shall be: 1) 50% – in areas belonging to the provinces: Lublin, subcarpathian voivodship, warmińsko-Mazurskie, Podlaskie Voivodeship, Świętokrzyskie, Opole, Małopolska, Lubuskie, Lodz, Kuyavian-Pomeranian Voivodeship;

2) 40%-in areas belonging to the provinces: the Pomeranian, zachodniopomorskie voivodship of Lower Silesia, greater Poland, Silesia, and in the period from 1 January 2007 to 31 December 2010 in the area belonging to California, with the exception of the city of Warsaw;

3) 30%-on land owned by the city of Warsaw and for the period from 1 January 2011 until 30 June 2014 [1] – an area that belongs to California.

§ 4. 1. the maximum value of regional investment aid granted in implementation of a large investment project shall be determined in accordance with the formula: I = R x (50 million euro, + 0.5 x B + 0.34 × C), where the individual symbols mean:-the maximum value of the aid for large investment project, R – intensity of aid referred to in § 3-depending on the area, which is to be located, the investment, (B)-the size of the costs eligible for aid exceeding the equivalent of EUR 50 000 000-100 000 000 equivalent amount not exceeding euro C-the size of the costs eligible for aid exceeding the equivalent of EUR 100 000 000.

2. By a large investment project should be understood as a new investment, taken over a period of three years by one or more businesses, where the assets are connected to each other in a way that is economically indivisible, and of which the costs eligible for aid exceeding the equivalent of 50 000 000 euro.

3. By the new investment should be understood as an investment in tangible and intangible assets by creating a new, or the expansion of an existing establishment, diversification of the production company by the introduction of new additional products or a fundamental change on the overall production process of an existing establishment. For new investment is considered also the acquisition of enterprise, which is in liquidation or be disposed of if has not been acquired, and the company is being acquired by an independent investor.

§ 5. The maximum aid intensity for regional investment aid granted to small or medium-sized businesses, within the meaning of article 3. 2 of annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of art. 87 and 88 of the EC Treaty to state aid to small and medium-sized enterprises (OJ. EC-L 10 of 13.01.2001, p. 33; Oj. EU Polish Special Edition. 8, t. 2, p. 141), as amended by Commission Regulation (EC) no 364/2004 of 25 February 2004 amending Regulation (EC) No 70/2001 and expanding its scope to include aid for research and development (OJ. EU L 63 of 28.02.2004, p. 22; Oj. EU Polish Special Edition. 8, t. 3, p. 64), with the exception of doing business in the transport sector, shall be increased by 20 percentage points gross in the case of micro and small entrepreneurs and by 10 percentage points gross for medium-sized enterprises, in relation to the maximum intensity specified for each area in accordance with § 3.

§ 6. 1. Maximum intensity of regional aid for newly created small enterprises, calculated as the ratio between the gross grant equivalent to the costs eligible for the aid, is: 1) on land owned by the California: 35%-in the case of costs incurred in the first three years since the creation of the company, and 25% in the case of costs incurred for two consecutive years;

2) in areas belonging to each of the other provinces: 40%-in the case of costs incurred in the first three years since the creation of the company, and 30% in the case of costs incurred within two years.

2. For newly created small enterprises must be understood the company micro and small entrepreneurs, if from the date of their creation has passed no more than 5 years.

§ 7. It is not permitted to grant regional aid in respect of the activities of: 1) in the sectors of metallurgy of iron and steel and synthetic fibres within the meaning of the Community rules on aid to publicznej2);

2) in the mining sector;

3) in the fisheries sector;

4) in the agricultural sector linked to the primary production of the products referred to in annex I to the Treaty establishing the European Community;

5) related to the production and marketing of products which imitate or substitute for milk and milk products, as referred to in article 1. 3 paragraphs 1 and 2. 2 of Commission Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in marketing of milk and milk products (OJ. EC-L 182 of 3.07.1987, p. 36, as amended. d.; Oj. EU Polish Special Edition. 3, vol. 7, p. 247, as amended. d.).

§ 8. Loses power regulation of the Council of Ministers of September 1, 2004 on the establishment of a regional aid map (Journal of laws No. 200, item 2050).

§ 9. Regulation shall enter into force on 1 January 2007 and is valid until June 30, 2014, [2] 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, 2004 No. 98, item. 998 and # 254. 2534, 2005 # 206. 1705 and 2006 No. 34, item. 237.2) iron and steel sector has been specified in annex I to the guidelines on national regional aid for 2007-2013 (OJ. C 54 of 4.03.2006, p.13), and the synthetic fibres sector in annex II to these guidelines.

[1] § 3 paragraph 3 is added to be determined by § 1 paragraph 1 of the regulation of the Council of Ministers of 6 December 2013. amending the regulation on the establishment of a regional aid map (OJ. 1540). The change came into force on December 14, 2013.

[2] § 9 in the version agreed by § 1 paragraph 2 of the regulation of the Council of Ministers of 6 December 2013. amending the regulation on the establishment of a regional aid map (OJ. 1540). The change came into force on December 14, 2013.

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