Regulation Of The Council Of Ministers Of 29 March 2010 On The Scope Of The Information Provided By The Entity Applying For Help Other Than De Minimis Aid Or De Minimis Aid In The Agriculture Or Fisheries

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 29 marca 2010 r. w sprawie zakresu informacji przedstawianych przez podmiot ubiegający się o pomoc inną niż pomoc de minimis lub pomoc de minimis w rolnictwie lub rybołówstwie

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On the basis of article. 37 paragraph 2. 6 of the Act of 30 April 2004 procedure in matters of State aid (OJ 2007, # 59, item 404, 2008 No. 93, item 585 and 2010. # 18, item 99) are managed as follows: § 1. The regulation defines the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries, hereinafter referred to as "the applicant", necessary to grant this aid and form information.

§ 2. 1. the applicant, with the exception of the applicant referred to in § 2a, shows the entity assisting information concerning: 1) to the applicant: (a)) name and surname or name, b) the address of the place of residence or address of the registered office, c) ID of the municipality where the applicant is domiciled or established, d) employer identification number (ein), e) the legal form, f), (g)) class of business in connection with which the applicant is seeking public aid in accordance with regulation of the Council of Ministers of 24 December 2007 on the Polish classification of activities (PKD) (Journal of laws No. 251, item 1885. and 2009 # 59, item 489), h) the date of establishment, and) [1] indication of links with other entrepreneurs;

2) the economic situation of the applicant, including the financial statements for the period the past 3 financial years shall be drawn up in accordance with the provisions of accounting;

3) the obligation to refund the amount equivalent to the public aid which the European Commission issued a decision about the obligation to repay aid;

4) business in connection with which the applicant is seeking public assistance;

5) [2] of the aid received in respect of the same project, in connection with the implementation of which the applicant is seeking public assistance;

6) [3] of the aid received for the rescue, restructuring or temporary restructuring aid during the 10 years preceding the date of submission of the application for public assistance, as well as information on the end of the restructuring period and using or suspend implementation of the restructuring plan and use during the 10 years preceding the date of submission of the application for public assistance, in the case of applying for such assistance in accordance with the criteria set out by the Commission Europejską1);

7) [4] compensation received in respect of the exercise of a service of general economic interest in respect of the same services, in connection with which the applicant is seeking help.

1a. (5) where the assistance requested by the partner company, explicit or partner or general partner of a limited partnership or limited liability partnership limited by shares which is not a shareholder, in connection with the activities carried out in the company shall be: 1) the information referred to in paragraph 1. 1, relating to the company;

2) in addition to the information referred to in paragraph 1. 1 (1) (a). and, (b) and (d), relating to the partner or general partner.

1B. [6] information and financial statements referred to in paragraph 1. 1, paragraph 2, does not communicate to the applicants for aid granted on the basis of article. 34A of the Act of 8 May 1997 on guarantees and endorsements granted by the State and certain legal persons (Journal of laws of 2015.1052 and 1854).

2. [7] the information referred to in paragraph 1. 1 and 1a shall be on the form of the information provided when applying for assistance other than assistance in agriculture or fisheries, de minimis aid or de minimis aid in the agriculture or fishing, the model set out in annex 1 to the regulation, and by passing the financial statements.

3. [8] financial statements referred to in paragraph 1. 1 paragraph 2, not forward to the micro-and small entrepreneurs, referred to in article 1. 2 of annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market pursuant to art. 107 and 108 of the Treaty (OJ. EU L 187 of 26.06.2014, p. 1), applicants for public assistance granted under the conditions laid down in this regulation, if the value of this aid is not necessary to fix the reference rate applicable to the applicant.



§ 2a. 1. The applicant for aid in agriculture or fisheries other than de minimis aid in the agriculture or fisheries presents information about: 1) to the applicant: (a)) name and surname or name, b) the address of the place of residence or address of the registered office, c);

2) type of business in connection with which the applicant is seeking help;

3) the obligation to refund the amount equivalent to the public aid which the European Commission issued a decision about the obligation to repay aid;

4) aid received in respect of the same eligible costs aid for which the applicant is seeking help.

2. The information referred to in paragraph 1. 1, shall be made in the form of the information provided when applying for aid in agriculture or fisheries other than de minimis aid in the agriculture or fishing, the model set out in annex 2 to the regulation.

§ 3. [9] an applicant who did not receive aid in respect of the same project, in connection with the implementation of which is seeking help, passes entity assisting a public statement about the failing such assistance.

§ 4. [10] the applicant about the rescue, restructuring or temporary restructuring aid that does not has this kind of public assistance during the 10 years preceding the date of submission of the application for public assistance or has completed the restructuring period supported with or has stopped implementation of the restructuring plan and using earlier than during the 10 years preceding the date of submission of the application for public assistance, transfers to the company assisting the public correct statement of this fact.

§ 5. The regulation shall enter into force on 5 April 2010.2) 1) these criteria are set out in the guidelines on State aid for rescuing and restructuring firms in difficulty (RHS) (OJ. C 249 of 31/07/2014, p. 1).

2), this regulation was preceded by regulation of the Council of Ministers of 20 March 2007 on the State aid received information and information about the non-assistance (Journal of laws No. 61, item. 413), which shall be repealed on the date of entry into force of the Act of 8 January 2010 amending the Act on proceedings in cases concerning State aid (OJ No 18 , item. 99) Annex 1. [MODEL – THE FORM OF THE INFORMATION PROVIDED WHEN APPLYING FOR ASSISTANCE OTHER THAN ASSISTANCE IN AGRICULTURE OR FISHERIES, DE MINIMIS AID OR DE MINIMIS AID IN THE AGRICULTURE OR FISHERIES]

The annex to regulation of the Council of Ministers of 29 March 2010 (312) Annex # 1 model – the FORM of the INFORMATION PROVIDED when APPLYING for assistance OTHER THAN assistance in AGRICULTURE or fisheries, DE MINIMIS AID or DE MINIMIS AID in the AGRICULTURE or FISHERIES [11] Annex 2. [THE FORM INFORMATION SUBMITTED WHEN APPLYING FOR AID IN AGRICULTURE OR FISHERIES OTHER THAN DE MINIMIS AID IN THE AGRICULTURE OR FISHERIES]

Appendix 2 INFORMATION FORM SUBMITTED when applying for AID in agriculture or FISHERIES OTHER THAN DE MINIMIS AID in the AGRICULTURE or FISHERIES [1] § 2. 1 (1) (a). and) added by § 1 (1) (a). and of the Council of Ministers) of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[2] § 2. 1 point 5 in the version set by § 1 (1) (a). and of the Council of Ministers) of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[3] § 2. 1 paragraph 6 as amended stipulated by § 1 (1) (a). and of the Council of Ministers) of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[4] § 2. 1 paragraph 7 added by § 1 (1) (a). and of the Council of Ministers) of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[5] § 2. 1A by § 1 (1) (a). (b)) of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.


[6] § 2. 1b added by § 1 (1) (a). (b)) of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[7] § 2. 2 in the version agreed by § 1 (1) (a). (c)) of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[8] § 2. 3 in the version agreed by § 1 (1) (a). (c)) of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[9] paragraph 3 as amended stipulated by § 1 paragraph 2 of the regulation of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[10] paragraph 4 as amended stipulated by § 1 paragraph 2 of the regulation of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

[11] see Appendix 1 in the version agreed by § 1 paragraph 3 of the regulation of the Council of Ministers of 2 February 2016. amending Regulation on the scope of the information provided by the applicant for assistance other than de minimis aid or de minimis aid in the agriculture or fisheries (OJ, item 238). The change went into effect March 11, 2016.

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