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Regulation Of The Council Of Ministers Of 31 October 2007 On De Minimis Aid For The Implementation Of The Trade Promotional Projects For The Export Or Sale Of The Single European Market

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 31 października 2007 r. w sprawie udzielania pomocy de minimis na realizację branżowych projektów promocyjnych w zakresie eksportu lub sprzedaży na Jednolitym Rynku Europejskim

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COUNCIL OF MINISTERS REGULATION

of 31 October 2007

on the granting of assistance de minimis for the implementation of professional promotional projects in the field of export or sale at the Single European Market

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 manner of monitoring financial assistance concerning the industry promotional projects 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 [ 1] (repealed) .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 the submission of an application for the financing of the costs of implementing the promotional promotional project, hereinafter referred to as the "application", shall expire on 31 October 2013.

§ 3. (1) The aid may be granted as a subsidy to cover part of the costs of carrying out a promotional promotional project for the promotion of products and services or the establishment of commercial contacts, carried out during the calendar year and covering what at least two separately organised by the project coordinator of the form of promotional activities such as: demonstrations, tastings, exhibitions, presentations, demonstrations, trade meetings, press conferences, trainings, seminars and workshops, hereinafter referred to as "project".

2. The project should be carried out within the same or several related industries or commodity groups by a group of at least 4 entrepreneurs carrying out economic activity in the territory of the Republic of Poland.

§ 4. 1. The Minister responsible for economic affairs may grant assistance if:

1) not later than 30 days before the date of implementation of the project, no later than 31 October of the calendar year in which the industry promotional project will be carried out, a group of at least 4 entrepreneurs will submit, through the coordinator the project, the proposal together with the required documents;

2) entrepreneur taking part in the project:

(a) there is no tax arrears and arrears for contributions to the Social Insurance Institution,

b) has not received public aid for the implementation of this project from other sources,

c) 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,

(d) duly fulfil the obligations arising from other agreements relating to the promotion of export or sale in the Single European Market, concluded with the Minister responsible for the economy.

2. The project's Coordinator may be one of the entrepreneurs taking part in the project or another entity selected by the entrepreneurs.

§ 5. 1. The application shall be drawn up in accordance with the model set out in Annex No 1 to the Regulation.

2. Each of the entrepreneurs taking part in the project, through the project coordinator, shall transmit:

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 entrepreneur involved in the project, drawn up in accordance with Annex 2 to the Regulation.

3. The project coordinator, in addition to the documents referred to in the paragraph. 2, shall attach to the application a written opinion of the relevant trade and investment promotion department of the Embassy or Consulate of the Republic of Poland, and in the case where the Trade and Investment Promotion Section has not been established in the Embassy or Consulate-applicable the economic department of the embassy or consulate.

4. The opinion referred to in paragraph 1 3. concerns:

1) the term, duration and place of implementation of the project;

2) the project programme;

3) the purpose of implementing the project.

§ 6. 1. The Project Coordinator shall submit the application together with the required documents in one copy.

2. (repealed).

3. Where the application is not complete, the Minister responsible for the affairs of the economy shall in writing call upon the coordinator of the project to complete it within the specified time limit, 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. The Minister responsible for the economy shall assess the project, taking into account:

1) the choice of a promoted industry or a commodity group;

2) adaptation of the form of promotional activities to the specifics of the industry and of the promoted products;

3) the intended effects of the implementation of the project;

4) the selection of the place of execution of the project and its audience

5) the number of companies participating in the project;

6) involvement of foreign partners in the implementation of the project;

7) the opinion referred to in § 5 par. 3;

(8) the necessity of obtaining aid for the implementation of the project;

9) the budget of the project, in particular the adequacy of the amount and types of expenditure to the proposed promotional activities, the specificity and transparency, the sources of financing the project;

10) the experience and the organizational facilities of the entities involved in the implementation of the project.

§ 8. 1. The basis of the aid is the agreement concluded between the Minister responsible for the economy and each of the entrepreneurs taking part in the project.

2. The Minister responsible for economic affairs may grant aid for the implementation of projects until the funds allocated for that purpose have been exhausted in a given calendar year.

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.

§ 9. 1. The costs eligible for the aid shall be the costs incurred solely in connection with the implementation of the project concerned.

2. The eligible costs include the following costs:

1) transport of exhibits, their insurance, customs clearance and freight forwarding;

2) rental of exhibition space or halls;

3) surface construction, assembly, scenography;

4) maintenance;

5) preparation and printout of invitations, information materials and advertising;

6) the journey and accommodation of one representative of the entrepreneur participating in the project;

7) conduct a foreign market survey;

8) the necessary commissioned tasks and services resulting from the specificity of the project.

3. 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.

(4) The amount of aid per project may not exceed 50% of the net cost of the project eligible for aid.

5. The maximum amount of aid per project is 100 000 PLN.

(6) The aid for a single undertaking taking part in a project may not exceed 50% of the net costs incurred by it in carrying out the project eligible for aid.

7. The maximum amount of aid for one entrepreneur taking part in the project is 8 000 PLN.

§ 10. 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).

§ 11. 1. The requirement to comply with the time limits for the submission of applications referred to in § 4 (4). Article 1 (1) does not apply to applications submitted in 2007.

2. the applications shall be submitted by 16 November.

§ 12. The Regulation of the Council of Ministers of 19 October 2004 shall be repealed. on the granting of assistance de minimis for the implementation of trade promotional projects in the scope of export (Dz. U. No 236, pos. 2357).

§ 13. The Regulation shall enter into force on the day of the announcement

1) Within the meaning of points 9-11 of the Community Guidelines on State aid for rescuing and restructuring firms (Dz. Urz. EC C 244/02 of 01.10.1994).

Annex 1. [ MODEL-APPLICATION FOR THE FINANCING OF THE PROMOTIONAL PROJECT ' S COSTS OF THE PROMOTION PROJECT]

Annex to the Council of Ministers Regulation
of 31 October 2007 (pos. 1542)

Annex No 1

MODEL -APPLICATION FOR THE FINANCING OF THE COSTS OF IMPLEMENTING THE PROMOTIONAL PROJECT

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Annex 2. [ MODEL-INFORMATION CONCERNING THE ENTREPRENEUR INVOLVED IN THE PROJECT]

Annex No 2

MODEL -INFORMATION ON THE ENTREPRENEUR INVOLVED IN THE PROJECT

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[ 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 the implementation of professional promotional projects in the field of export or sale at the Single European Market (Journal of Laws of the European Union). 521). 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 the implementation of professional promotional projects in the field of export or sale at the Single European Market (Journal of Laws of the European Union). 521) the provision of financial assistance related to the promotional promotional project 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 the implementation of professional promotional projects in the field of export or sale at the Single European Market (Journal of Laws of the European Union). 521) an application for the financing of the costs of the implementation of the promotional promotional project may be submitted in accordance with § 4 paragraph. 1 point 1 no later than 30 May 2014