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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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 aid for trade promotion projects, 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 [1] (repealed).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 for making the application for funding the cost of the implementation of trade promotion 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 the implementation of trade promotion project aimed at the promotion of the products and services or to establish business contacts, carried out during the calendar year, and which includes at least two separately organized by the Coordinator of the project forms of promotional activities, such as: fashion shows, wine tastings, exhibitions, presentations, demonstrations, meetings, press conferences, training courses, seminars and workshops, hereinafter referred to as "the project".

2. The project should be implemented within the same or more related industries or groups by a group of at least 4 traders carrying out economic activity on the territory of the Republic of Poland.

§ 4. 1. the competent Minister for Economic Affairs may grant aid if: 1) no 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 promotion project will be carried out, a group of at least 4 traders submit, through the Coordinator of the project, the application along with the required documents;

2) an entrepreneur taking part in the project: a) has no tax arrears and with contributions to social insurance, b) did not receive public aid for the implementation of this project from other sources, (c)) 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. euro, (d)) duly fulfils the obligations arising out of other contracts relating to projects in the field of export promotion or sales in the single European market, concluded with the competent Minister for Economic Affairs.

2. The Coordinator of the project may be one of the entrepreneurs involved in project or a third party chosen by entrepreneurs.

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

2. each of the entrepreneurs participating in the project, through the Coordinator of the project, passes: 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 the trader involved in the project, drawn up in accordance with Annex 2 to the regulation.

3. the Coordinator of the project, in addition to the documents referred to in paragraph 1. 2, joins the request a written opinion of the competent Department of the promotion of trade and investment the Embassy or Consulate of the Republic of Poland, and where in the Embassy or Consulate is not created the Department of the promotion of trade and investment – the correct economic faculty of the Embassy or Consulate.

4. the opinion referred to in paragraph 1. 3, applies to: 1) date, duration and place of the project;

2) of the project;

3) to implement the project.

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

2. (repealed).

3. Where the application is not complete, the competent minister for Economic Affairs in writing calls on the Coordinator of the project 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. The competent Minister for Economic Affairs shall assess the draft, taking into account: 1) promoted the industry or product group;

2) adjustment of the forms of promotional activities to the specific nature of the industry and promoted products;

3) intended effects implementation of the project;

4) choice of the project and its customers;

5) number of firms participating in the project;

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

7) the opinion referred to in § 5. 3;

8) necessity for support for the implementation of the project;

9) project budget and, in particular, the appropriateness of the amount and types of expenditure to the proposed promotional activities, detail and clarity, the sources of project funding;

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

§ 8. 1. the grant of the aid is a contract concluded between the competent Minister for Economic Affairs and each of the entrepreneurs involved in project.

2. the competent Minister for Economic Affairs may grant aid for the implementation of projects 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.

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

2. The costs eligible for aid are classified as costs: 1) the transport of the exhibits, their insurance, customs clearance and freight forwarding;

2) rental of exhibition space or meeting rooms;

3) surface mounting, Assembly, set design;

4) support;

5) prepare and print invitations, information and publicity materials;

6) travel and accommodation one representative from the trader involved in the project;

7) examination of foreign market;

8) necessary tasks and services arising from the specifics of the project.

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

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

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

6. The amount of aid for one trader involved in the project may not exceed 50% of the net costs incurred by him in connection with the implementation of the project, eligible for the aid.

7. The maximum amount of aid for one trader involved in the project is 8 000.

§ 10. 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).

§ 11. 1. Requirement deadlines of submission of the application referred to in § 4 paragraph 2. 1 paragraph 1 shall not apply to applications submitted in 2007.

2. In 2007. applications shall be submitted no later than November 16.

§ 12. Loses power regulation of the Council of Ministers of 19 October 2004 on de minimis aid for the implementation of the trade promotional projects for the export (Journal of laws No. 236, poz. 2357).

§ 13. The regulation shall enter into force on the date of the notice.



 

1) within the meaning of paragraphs 9-11 of the Community guidelines on State aid for rescuing and restructuring of firms (OJ. In the C-244/02 from 01.10.1994).

Annex 1. [DESIGN-APPLICATION FOR FUNDING THE COST OF THE IMPLEMENTATION OF TRADE PROMOTION PROJECT]

The annex to regulation of the Council of Ministers of October 31, 2007 (1542) Annex # 1 model – application for funding the COST of the IMPLEMENTATION of TRADE PROMOTION PROJECT annex 2. [PATTERN-INFORMATION CONCERNING THE TRADER INVOLVED IN THE PROJECT]

Appendix 2 model – INFORMATION CONCERNING the TRADER INVOLVED in the project














[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 for the implementation of the trade promotional projects for the export or sale of the single European market (OJ item 521). 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 for the implementation of the trade promotional projects for the export or sale of the single European market (OJ item 521) the granting of financial aid for trade promotion project may be 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 for the implementation of the trade promotional projects for the export or sale of the single European market (OJ item 521) application for funding the cost of the implementation of trade promotion project, may be made in accordance with § 4 paragraph 2. 1 paragraph 1 no later than May 30, 2014.

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