Key Benefits:
COUNCIL OF MINISTERS REGULATION
of 31 October 2007
on the granting of assistance de minimis to obtain the certificate of the product required on foreign markets
On the basis of art. 4a 2 of the Act of 9 November 2000. o Establishment of the Polish Agency for Enterprise Development (Dz. U. 2007 Nr 42, pos. 275) is managed as follows:
§ 1. 1. The Regulation defines the purpose, conditions of admissibility, the mode of granting and the method of monitoring financial assistance for obtaining the certificates of a device referred to in art. 4a 1 of the Act of 9 November 2000. establishing the Polish Agency for the Development of Enterprise, hereinafter referred to as "aid".
2. The aid is granted as aid de minimis, in accordance with the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Article 87 and 88 of the Treaty de minimis (Dz. Urz. EU L 379, 28.12.2006, p. 5).
3. The aid shall not be granted to operators within the limits laid down in Article 3. 1 (1) 1 of the Regulation referred to in paragraph 1. 2.
§ 2. 1. [ 1] (repealed).
2. [ 2] The time limit for submitting an application for the financing of the costs of obtaining the certificate of a product, hereinafter referred to as the "application", shall expire on 31 October of the calendar year concerned.
§ 3. 1. The aid may be granted as a subsidy to cover part of the costs related to the entrepreneur's obtaining of the product certificate required in foreign markets.
2. By obtaining the product certificate it is necessary to understand obtaining and prolonging the validity of the certificates, certificates and attestations of the product required in the trade of goods on foreign markets, excluding certificates, certificates and attestations of conformity with the standards of the Single European Market and other required in the course of trade on the territory of the Republic of Poland.
(3) The aid may be granted only to micro-entrepreneurs, small and medium-sized enterprises within the meaning of Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008. recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EU L 214 of 09.08.2008, str. 3), conducting business activity in the territory of the Republic of Poland.
§ 4. The Minister responsible for economic affairs may grant assistance if the trader:
1) submit the application together with the required documents before the date of obtaining the certificate of the device;
2) there is no tax arrears and the arrears on the contributions to the Social Insurance Institution;
3) has not received public aid for obtaining the certificate of the product covered by the application from other sources;
4) in the current fiscal year and the two preceding tax years did not receive the aid de minimis The gross value of which, together with the aid for which it is applied, would exceed the equivalent of 200,000. euro, and in the case of entrepreneurs operating in the road transport sector, 100 000. Euro.
§ 5. 1. The application shall be drawn up in accordance with the model set out in Annex No 1 to the Regulation.
2. The application shall be accompanied by:
1) copies of the aid certificates de minimis obtained in the current fiscal year and the two preceding tax years, or a statement of the amount of the aid de minimis received during that period, or a statement not to receive such assistance during that period;
2) the financial statements for the period of the last 3 financial years, drawn up in accordance with the accounting regulations;
(3) information concerning the trader, drawn up in accordance with Annex 2 to the Regulation.
§ 6. 1. The entrepreneur submits the application together with the required documents in one copy.
2. (repealed).
3. In the event that the application does not meet the requirements of § 5, the minister responsible for economic affairs shall, in writing, invite the entrepreneur to complete his/her supplement within the prescribed period, not longer than 7 days.
3a. Where the application referred to in paragraph 1 is not applicable. 3, filed after the Minister's written call for economic affairs is still not complete, the Minister responsible for the economy reiterates calls for the entrepreneur to make a final contribution to his final completion within the prescribed period, not longer than 7 days.
4. An application that does not meet the requirements of § 5 or has not been supplemented in accordance with the paragraph. 3 or 3a, shall be left without consideration.
5. The Minister responsible for economic affairs shall consider the application within a period not exceeding 30 days from the date of submission of the complete application.
§ 7. 1. The basis for granting the aid is the agreement concluded between the Minister of the competent economic affairs and the entrepreneur.
2. The Minister responsible for economic affairs may grant aid for the financing of the costs of obtaining the certificate until the funds allocated for that purpose have been exhausted in the calendar year concerned.
3. The exhaustion of the measures referred to in paragraph 3. 2, the minister responsible for economic affairs shall inform the trader in writing within 14 days from the date of receipt of the application.
§ 8. 1. The costs eligible for the aid shall be:
1) necessary advisory services;
2) preparation and translation of technical documentation;
3) transport and insurance of product samples and technical documentation sent for certification tests;
4) carry out the audit;
(5) carry out certification tests;
6) issue and issue of the product certificate.
2. The costs incurred shall be documented with the original copies of the copies of the invoices or the accounts and of the documents confirming the payment.
3. The amount of aid may not exceed 50% of the net costs eligible for aid. The annual limit of aid that can be granted to one entrepreneur is 50 000 PLN.
§ 9. Minister responsible for economic affairs shall submit to the President of the Office of Competition and Consumer Protection a report on the aid granted de minimis according to the provisions issued on the basis of art. 35 point 1 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404).
§ 10. This Regulation shall enter into force on 1 January 2008.
Annex 1. [ APPLICATION FOR FINANCING THE COSTS OF OBTAINING THE PRODUCT CERTIFICATE]
Annexes to Regulation of the Council of Ministers
of 31 October 2007 (pos. 1522)
Annex No 1
MODEL-APPLICATION FOR THE FINANCING OF THE COSTS OF OBTAINING THE PRODUCT CERTIFICATE
Annex 2. [ INFORMATION CONCERNING THE TRADER]
Annex No 2
MODEL-INFORMATION ON THE TRADER
[ 1] § 2 (2) 1 repealed by § 1 of the Regulation of the Council of Ministers of 4 April 2014. amending the Regulation on the granting of assistance de minimis for obtaining the certificate of the product required in foreign markets (Journal of Laws item. 525). The amendment came into force on 25 April 2014.
Pursuant to Article 2 (2) of the 1 of the Regulation of the Council of Ministers of 4 April 2014. amending the Regulation on the granting of assistance de minimis for obtaining the certificate of the product required in foreign markets (Journal of Laws item. 525) the provision of financial assistance for obtaining the product certificate may take place until 30 June 2014.
[ 2] Pursuant to Article 2 (2) of the 2 of the Regulation of the Council of Ministers of 4 April 2014. amending the Regulation on the granting of assistance de minimis for obtaining the certificate of the product required in foreign markets (Journal of Laws item. 525) an application for the financing of the costs of obtaining the certificate of a device may be submitted not later than 30 May 2014.
