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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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COUNCIL OF MINISTERS REGULATION

of 13 October 2006

on the establishment of the regional aid map

On the basis of art. 10 para. 2 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. No 123, pos. 1291) the following shall be managed:

§ 1. The Regulation sets out the areas of the country where regional aid is authorised, the maximum aid for those areas, and the economic activities for which it is not permitted to grant aid.

§ 2. The provision of regional aid: investment and new start-up of small enterprises is permissible in units distinguished at the second level (NTS 2), as defined in the Regulation of the Council of Ministers of 13 July 2000. on the establishment of the Nomenclature of Territorial Units for Statistical Purpoints (NTS) (Dz. U. Nr. 58, pos. 685, of late. 1. 1) ).

§ 3. Maximum regional investment aid intensity calculated as the ratio of the gross grant equivalent to the eligible costs, subject to § 4 (1) (c) of the EC 1 and § 5 shall be as follows:

1) 50%-in the areas belonging to the voivodships: lubelskie, podkarpackiego, warmińsko-mazurskie, podlaskie, Świętokrzyskie, opolski, małopolskie, lubuskiego, łódzkiego, kujawsko-pomorskiego;

2) 40%-in areas belonging to voivodships: pomorskie, Zachodniopomorskie, dolnośląskie, wielkopolskie, Śląskie and in the period from 1 January 2007. by 31 December 2010 in an area belonging to the Mazovian Voivodship, excluding the capital city of Warsaw;

3) 30%-in the area belonging to the capital city of Warsaw and in the period from 1 January 2011 to date 30 June 2014 [ 1] -in the area belonging to the Mazovian voivodship.

§ 4. 1. The maximum value of regional investment aid granted for the execution of a major investment project shall be determined according to the formula:

I = R x (50 million euro + 0,5 x B + 0,34 x C),

where individual symbols indicate:

I-the maximum aid value for a large investment project,

R-the intensity of the aid referred to in § 3-depending on the area where the investment is to be located,

B-the amount of eligible costs above the equivalent of EUR 50 000 000-not exceeding the equivalent of EUR 100 000 000,

C-the amount of eligible costs exceeding the equivalent of 100 000 000 euro.

2. By a large investment project, a new investment has to be understood, taken over a period of three years by one or more entrepreneurs, for which the fixed assets are interconnected in an economically indivisible way and the costs of which eligible for aid exceed the equivalent of EUR 50 000 000.

3. By the new investment, it is necessary to understand the investment in fixed assets and intangible assets consisting of the creation of a new or extension of an existing enterprise, diversification of the production of the company by the introduction of new additional products or a fundamental change in the overall production process of an existing establishment. A new investment shall also be considered to be the acquisition of a company which is wound up or would have been wound up if it had not been acquired, the company being acquired by an independent investor.

§ 5. Maximum intensity of regional investment aid granted to small or medium-sized enterprises within the meaning of the Article (Article 2 of Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 (OJ 2001 L 31, p. on the application of Article 87 and 88 of the EC Treaty with regard to State aid to small and medium-sized enterprises (Dz. Urz. EC L 10 of 13.01.2001, p. 33; Dz. Urz. EU Polish edition special dissolution. 8, t. 2, p. 141), as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004 (OJ L 141, 4.4.2004, p. amending Regulation (EC) No 70/2001 and extending its scope in order to include aid for research and development (Dz. Urz. EU L 63, 28.02.2004, p. 22; Dz. Urz. EU Polish edition special dissolution. 8, t. 3, str. 64), excluding those engaged in economic activity in the transport sector, shall be increased by 20 percentage points gross in the case of micro-entrepreneurs and small entrepreneurs and by 10 percentage points gross in the case of medium traders, in relation to the maximum intensity determined for the particular areas in accordance with § 3.

§ 6. (1) The maximum regional aid intensity for newly created small enterprises, calculated as the ratio of the gross grant equivalent to the eligible costs, shall be:

1) in the area belonging to the Mazovian voivodship: 35%-in the case of costs incurred in the first three years after the establishment of the enterprise, and 25%-in the case of costs incurred in two consecutive years;

2) in areas belonging to other voivodships: 40%-in the case of costs incurred in the first three years after the establishment of the enterprise, and 30%-in the case of costs incurred in two consecutive years.

2. The start-up of small enterprises shall be understood to mean the enterprises of micro-entrepreneurs and small entrepreneurs, if no more than 5 years have elapsed since the creation of the company.

§ 7. Regional aid may not be granted in the field of activity:

(1) in the steel and steel sectors, and synthetic fibres within the meaning of the Community provisions on State aid 2) ;

2) in the coal mining sector;

3. in the fisheries sector;

4. in the agricultural sector linked to the original production of the products referred to in Annex 1 to the Treaty establishing the European Community;

5. related to the manufacture and marketing of products intended to imitate or substitute for milk and milk products as referred to in Article 3. 3 para. 2 of Commission Regulation (EEC) No 1898/87 of 2 July 1987 (OJ L 81, 7.7.1987, p. on the protection of designations used in the marketing of milk and milk products (Dz. Urz. EC L 182 of 3.07.1987, p. 36, z późn. zm.; Dz. Urz. EU Polish edition special dissolution. 3, t. 7, p. 247, with late. zm.).

§ 8. The Regulation of the Council of Ministers shall be repealed with effect from 1 September 2004. on the establishment of the regional aid map (Dz. U. No 200, pos. 2050).

§ 9. This Regulation shall enter into force on 1 January 2007. and is effective until the day 30 June 2014 [ 2]

1) Amendments to that Regulation have been announced in the Official Journal of the European U. of 2001. No 12, pos. 101, of 2002. Nr 34, pos. 311, No 177, pos. 1458 and No. 191, pos. 1594, 2003 Nr 208, pos. 2021, 2004 Nr 98, pos. 998 i Nr 254, poz. 2534, of 2005 Nr 206, pos. 1705 and 2006 Nr 34, pos. 237.

2) The scope of the steel sector was set out in Annex I to the Guidelines on national regional aid for 2007-2013 (Dz. Urz. EU C 54, 4.03.2006, p. 13), but the scope of the synthetic fibres sector in Annex II to those Guidelines.

[ 1] § 3 point 3 in the wording set by § 1 item 1 of the Regulation of the Council of Ministers of 6 December 2013 amending the Regulation on the establishment of the regional aid map (Journal of Laws item) 1540). The amendment came into force on 14 December 2013.

[ 2] § 9 in the wording set by § 1 item 2 of the Regulation of the Council of Ministers of 6 December 2013 amending the Regulation on the establishment of the regional aid map (Journal of Laws item) 1540). The amendment came into force on 14 December 2013.