Key Benefits:
COUNCIL OF MINISTERS REGULATION
of 29 March 2010
on the scope of the information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries
On the basis of art. 37 par. 6 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, 2008 Nr 93, pos. 585 and 2010 Nr 18, pos. 99) shall be managed as follows:
§ 1. The Regulation sets out the scope of the information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries, hereinafter referred to as the 'applicant', necessary for the grant of the aid and the model information form.
§ 2. 1. The applicant, with the exception of the applicant referred to in § 2a, shall provide information to the granting authority concerning:
1. Applicant:
(a) the name or surname,
(b) the address of the place of residence or address
(c) the identifier of the municipality in which the applicant is resident or established,
(d) the tax identification number (NIP),
(e) legal form,
(f) size,
(g) the class of activities in respect of which the applicant applies for public aid, in accordance with the Regulation of the Council of Ministers of 24 December 2007. on the Polish Classification of Activities (PKD) (Dz. U. No 251, pos. 1885 and 2009 Nr 59, pos. 489),
h) the date of creation,
i) [ 1] an indication of the links with other entrepreneurs;
2) the economic situation of the applicant, including the financial statements for the period of the last 3 financial years, drawn up in accordance with the accounting regulations;
3) the obligation to refund the amount equivalent to the public aid granted to which the European Commission has issued a decision on the obligation to repay the aid;
4) business activity, in connection with which the applicant is seeking public assistance;
5) [ 2] the aid received in respect of the same undertaking in respect of which the applicant has sought public aid;
6) [ 3] aid received for rescuing, restructuring or temporary restructuring aid during the 10 years preceding the date of the application for public aid, as well as information on the termination of the restructuring period to support or withhold the implementation of the restructuring plan supported by aid during the 10 years preceding the date of the application for public aid, in the event of applying for such aid in accordance with the criteria defined by the European Commission 1) ;
7) [ 4] compensation received for the operation of a service of general economic interest in respect of the same service, in respect of which the applicant is seeking assistance.
1a. [ 5] Where the aid is requested by a partner in a civil partnership, either in public or in partnership or by a complimentary partnership or a limited joint-stock company which is not a shareholder in connection with the activities carried out in that company, the following shall be presented:
1) the information referred to in paragraph. 1, relating to that company;
2) additionally the information referred to in paragraph. 1 point 1 (a), (b) and (d) relating to that partner, or a complimentary.
1b. [ 6] The information and financial statements referred to in paragraph 1. Article 1 (2) does not transmit to the applicant any aid granted under Article 4 (1) (a) of the Regulation. 34a of the Act of 8 May 1997. on the guarantees and guarantees provided by the State Treasury and certain legal persons (Dz. U. of 2015 items 1052 and 1854).
2. [ 7] The information referred to in paragraph 1. 1 and 1a, shall be provided on the form of information submitted when applying for aid other than aid in agriculture or fisheries, de minimis aid or de minimis aid in agriculture or fisheries, the model of which is set out in Annex No 1 to this Regulation. the Regulation, and the transfer of financial statements.
3. [ 8] The financial statements referred to in paragraph 1. 1 point 2, do not transmit the micro-and mali entrepreneurs referred to in art. 2 of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014. recognising certain types of aid as compatible with the internal market in application of Article 107 and 108 of the Treaty (Dz. Urz. EU L 187, 26.06.2014, p. (1) applying for public aid granted under the conditions laid down in that Regulation, where it is not necessary to establish the reference rate applicable to the applicant in order to determine the value of the aid.
§ 2a. 1. Applicants for aid in agriculture or fisheries other than de minimis aid in agriculture or fisheries shall provide information on:
1. Applicant:
(a) the name or surname,
(b) the address of the place of residence or address
(c) size;
(2) the type of business carried out in respect of which the applicant is seeking assistance;
3) the obligation to refund the amount equivalent to the public aid granted to which the European Commission has issued a decision on the obligation to repay the aid;
(4) the aid received in respect of the same eligible costs for which the applicant is seeking assistance.
2. The information referred to in paragraph. 1, it shall be transmitted on the form of information submitted when applying for aid in agriculture or fisheries other than de minimis aid in agriculture or fisheries, the model of which is set out in Annex 2 to the Regulation.
§ 3. [ 9] An applicant who has not received aid in respect of the same undertaking in respect of which the aid is sought shall provide the public aid operator with a statement not to receive such assistance.
§ 4. [ 10] Applicant for rescue, restructuring or temporary restructuring aid which has not received such public aid during the 10 years preceding the date of the application for public aid or ended the restructuring period supported by the aid or halted the implementation of the restructuring plan supported by aid earlier than in the 10 years preceding the day on which the application for public aid was submitted, shall be transmitted to the awarding entity. public aid a relevant statement of that fact.
§ 5. This Regulation shall enter into force on 5 April 2010. 2)
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1) These criteria are set out in the Guidelines on State aid for rescuing and restructuring non-financial enterprises in difficulty (Dz. Urz. EU C 249 of 31.07.2014, str. 1).
2) This Regulation was preceded by the Regulation of the Council of Ministers of 20 March 2007. on information on the public aid received and information on non-receipt of aid (Dz. U. Nr 61, poz. 413), which is repealed with effect from the date of entry into force of the Act of 8 January 2010. to amend the Act on Proceedings in matters concerning public aid (Dz. U. Nr 18, pos. 99).
Annex 1. [ MODEL-FORM OF THE INFORMATION PRESENTED WHEN APPLYING FOR AID OTHER THAN AID IN AGRICULTURE OR FISHERIES, DE MINIMIS AID OR DE MINIMIS AID IN AGRICULTURE OR FISHERIES]
Annex to the Council of Ministers Regulation
of 29 March 2010 (pos. 312)
Annex No 1
MODEL -THE FORM OF THE INFORMATION PRESENTED WHEN APPLYING FOR AID OTHER THAN AID IN AGRICULTURE OR FISHERIES, DE MINIMIS AID OR DE MINIMIS AID IN AGRICULTURE OR FISHERIES [ 11]
Annex 2. [ FORM OF THE INFORMATION PRESENTED WHEN APPLYING FOR AID IN AGRICULTURE OR FISHERIES OTHER THAN DE MINIMIS AID IN AGRICULTURE OR FISHERIES]
Annex No 2
FORM OF INFORMATION TO BE SUBMITTED WHEN APPLYING FOR AID IN AGRICULTURE OR FISHERIES OTHER THAN DE MINIMIS AID IN AGRICULTURE OR FISHERIES
[ 1] § 2 (2) 1 point 1 lit. (i) added by § 1 point 1 lit. a) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 2] § 2 (2) 1 point 5 as amended by § 1 point 1 lit. a) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 3] § 2 (2) 1 point 6 as set out by § 1 point 1 lit. a) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 4] § 2 (2) 1 point 7 added by § 1 point 1 lit. a) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 5] § 2 (2) 1a added by § 1 point 1 lit. b) of the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 6] § 2 (2) 1b added by § 1 point 1 lit. b) of the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 7] § 2 (2) 2 in the version set out in paragraph 1 (1) (c), c) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 8] § 2 (2) 3 in the wording set out in point 1 (1) (1) of the c) the Regulation of the Council of Ministers of 2 February 2016. amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 9] § 3 in the wording established by § 1 point 2 of the Regulation of the Council of Ministers of 2 February 2016 amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 10] § 4 in the wording established by § 1 point 2 of the Regulation of the Council of Ministers of 2 February 2016 amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
[ 11] Annex No 1 as set out by § 1 point 3 of the Regulation of the Council of Ministers of 2 February 2016 amending the Regulation on the scope of information submitted by the applicant for aid other than de minimis aid or de minimis aid in agriculture or fisheries (Journal of Laws of the European Union 238). The amendment came into force on 11 March 2016.
