Regulation Of The Council Of Ministers Of 31 October 2007 On De Minimis Aid To Obtain A Certificate Of The Product Required For Foreign Markets

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 31 października 2007 r. w sprawie udzielania pomocy de minimis na uzyskanie certyfikatu wyrobu wymaganego na rynkach zagranicznych

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On the basis of article. 4A paragraphs 1 and 2. 2 of the Act of 9 November 2000 on the establishment of the Polish Agency for enterprise development (Journal of laws of 2007. # 42, poz. 275) are managed as follows: § 1. 1. the regulation defines the purpose, conditions permitting, grant, and how to monitor financial assistance on obtaining certificates of the product referred to in article 1. 4A paragraphs 1 and 2. 1 of the law of 9 November 2000 on the establishment of the Polish Agency for enterprise development, hereinafter referred to as "help".

2. Aid shall be granted as de minimis aid, in accordance with the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of article 81(3). 87 and 88 of the Treaty to de minimis aid (OJ. EU L 379, 28.12.2006, p. 5).

3. The aid shall not be granted to entrepreneurs within the scope defined in article 1. 1 paragraphs 1 and 2. 1 of the regulation referred to in paragraph 1. 2. § 2. 1. [1] (repealed).

2. [2] the time limit to submit an application for funding the costs of obtaining the product certificate, hereinafter referred to as "application", shall expire on 31 October of the calendar year.

§ 3. 1. the aid may be granted as a subsidy to cover part of the costs associated with obtaining a certificate by a trader of the product required for foreign markets.

2. By obtaining the certificate of the product should be understood as obtaining and prolonging the validity of certificates, certificates and attestations of the product required in the course of goods on foreign markets, with the exception of certificates, certificates and conformity with the standards of the European single market and the other required on the territory of the Republic of Poland.

3. Aid may be granted only to micro-entrepreneurs, small and medium-sized businesses 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), established on the territory of the Republic of Poland.

§ 4. The competent Minister of the economy can help, if the entrepreneur: 1) submits an application along with the required documents before the closing date to obtain a certificate of the product;

2) there is no tax debts and arrears of contributions to the social insurance;

3) did not receive public aid for the certification of the product requested from other sources;

4) in the current fiscal year and the two preceding tax years it has not de minimis aid, which gross value, including with the help of which applied for, more than the equivalent of 200 thousand. euro, (a) in the case of entrepreneurs engaged in the road transport sector 100 thousand. the euro.

§ 5. 1. the application shall be drawn up in accordance with the model in annex 1 to the regulation.

2. the application shall be accompanied by: 1) copies of certificates of de minimis aid received in the current fiscal year and the two preceding tax years, it or a statement about the size of de minimis aid received in this period, or a statement of failing such assistance during this period;

2) financial statements for the period the past 3 financial years, drawn up in accordance with the provisions of accounting;

3) information concerning entrepreneurs, drawn up in accordance with Annex 2 to the regulation.

§ 6. 1. The trader shall submit an application along with the required documents in a single copy.

2. (repealed).

3. Where the application does not comply with the requirements set out in paragraph 5, the competent minister of the economy in writing calls on the trader to its complement within the prescribed period, not longer than 7 days.

3A. Where the application referred to in paragraph 1. 3, made after a written request by the Minister responsible for the economy still is not complete, the competent minister of the economy once again calls on the entrepreneur in writing to its final complement within the prescribed period, not longer than 7 days.

4. A proposal which does not comply with the requirements specified in § 5 or has not been completed in accordance with paragraph 1. 3 or 3a, is left unexamined.

5. the competent Minister for Economic Affairs shall act on the proposal within a period not exceeding 30 days from the date of submission of a complete application.

§ 7. 1. the grant of the aid is a contract concluded between the competent Minister for Economic Affairs and the trader.

2. the competent Minister for Economic Affairs may grant aid for the funding costs to obtain a certificate to the financial resources intended for this purpose in a given calendar year.

3. running out of measures referred to in paragraph 1. 2, the competent minister for Economic Affairs shall inform in writing the trader within 14 days from the date of receipt of the request.

§ 8. 1. The costs eligible for aid are: 1) the necessary consultancy services;

2) preparation and translation of technical documentation;

3) transport and insurance of samples and technical documentation sent to certification testing;

4) audit;

5) certification tests;

6) issue and the issuance of the certificate of the product.

2. The costs incurred must be documented certified to be in conformity with the original copies of invoices or accounts and evidence of payment.

3. The amount of the aid may not exceed 50% of the net costs eligible for aid. The annual limit of aid can be given to one entrepreneur, is $50,000.

§ 9. The competent Minister for Economic Affairs shall transmit to the President of the Office of competition and consumer protection report on de minimis aid granted in accordance with the regulations issued on the basis of article. 35 paragraph 1 of the Act of 30 April 2004 on proceedings in cases concerning public assistance (Journal of laws of 2007 # 59, item 404).

§ 10. Regulation shall enter into force on 1 January 2008.

Annex 1. [APPLICATION FOR FUNDING COSTS TO OBTAIN A CERTIFICATE OF THE PRODUCT]

Annexes to the regulation of the Council of Ministers of October 31, 2007. (h 1522) Annex # 1 model – application for funding the COSTS OF PRODUCT CERTIFICATION annex 2. [INFORMATION ON THE ENTREPRENEUR]

Appendix 2 model – INFORMATION CONCERNING the TRADER [1] § 2. 1 repealed by section 1 of the regulation of the Council of Ministers of 4 April 2014, the amending Regulation on de minimis aid to obtain a certificate of the product required in foreign markets (OJ. 525). The change came into force on April 25, 2014.

On the basis of § 2. 1 regulation of the Council of Ministers of 4 April 2014, the amending Regulation on de minimis aid to obtain a certificate of the product required in foreign markets (OJ. 525) the granting of financial assistance for the certification of the product can be up to 30 June 2014.

[2] on the basis of § 2. Regulation of the Council of Ministers of 4 April 2014, the amending Regulation on de minimis aid to obtain a certificate of the product required in foreign markets (OJ. 525) application for funding costs to obtain a certificate of the product may be submitted no later than May 30, 2014.

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