Regulation Of The Minister Of Regional Development Of 1 December 2010 On The Granting Of Aid For Consultancy Services For Micro, Small And Medium-Sized Enterprises In The Framework Of The Regional Operational Programmes

Original Language Title: ROZPORZĄDZENIE MINISTRA ROZWOJU REGIONALNEGO z dnia 1 grudnia 2010 r. w sprawie udzielania pomocy na usługi doradcze dla mikroprzedsiębiorców oraz małych i średnich przedsiębiorców w ramach regionalnych programów operacyjnych

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On the basis of article. 21(1). 3 of the Act of 6 December 2006 on the basis of policy development (OJ of 2009. # 84, 712 and No 157, item 1241) are managed as follows: § 1. Regulation lays down detailed use, conditions and the granting of aid for consultancy services for micro, small and medium-sized enterprises in the framework of the regional operational programmes, hereinafter referred to as "the Advisory services", to which apply the provisions of 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), hereinafter referred to as "Commission Regulation (EC) No 800/2008".

§ 2. The provisions of the regulation shall not apply to aid for advisory services provided: 1) in the sectors of: a) fishery and aquaculture products covered by Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ. EC-L 17 of 21.01.2000, p. 22, as amended. d.; Oj. EU Polish Special Edition, chapter. 4, vol. 4, p. 198, as amended. ), b) coal mining;

2) on economic activity in the areas of: (a)) primary production of agricultural products referred to in article 1. 1 paragraphs 1 and 2. 3 (b). (b) of Commission Regulation (EC) No 800/2008, b) processing and marketing of agricultural products in the cases referred to in the article. 1 paragraphs 1 and 2. 3 (b). (c) of Commission Regulation (EC) No 800/2008.

§ 3. Whenever a regulation reference is made to mikroprzedsiębiorcy, a small or medium-sized entrepreneurs, understood properly, a micro-enterprise, small or medium-sized enterprise which meet the conditions laid down in annex I to Commission Regulation (EC) No 800/2008.

§ 4. Aid for advisory services may not be: 1) aid to export-related activities to the Member States of the European Union or third countries, if the aid is directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;

2) determined by the priority use of domestic over imported goods from abroad;

3) granted or paid mikroprzedsiebiorcom, and small and medium-sized businesses, hereinafter referred to as the "entrepreneurs": a) in the case referred to in article. 25 paragraph 2. 3 of the Act of 30 April 2004 on proceedings in cases concerning public assistance (Journal of laws of 2007 # 59, item 404, 2008 No. 93, item 585 and 2010. # 18, item 99), b) satisfying the conditions specified for the affected enterprises, referred to in article 1. 1 paragraphs 1 and 2. 7 of Commission Regulation (EC) No 800/2008.

§ 5. 1. aid for consultancy services aims to support economic and social development of the region by making it easier for entrepreneurs to access advisory services having an impact on the improvement of the competitiveness of enterprises.

2. aid for advisory services may be provided in the administrative subject the regional operational programme, for the implementation of the project of purchasing from outside consultants advisory services, in particular in the areas of: 1) quality, concerning in particular: (a)) design, implementation and improvement of quality management systems and environmental management, b) to obtain and renew certificates of compliance for products, services, raw materials, machinery and equipment, test and measurement, or the qualifications of the personnel concerned, , c) issue Declaration of conformity manufacturer-to the extent specified in paragraph (a). (b);

2) the use of advanced information technology in the enterprise;

3) business development strategy;

4) design, implementation and improvement of a new product or service or the development of marketing plans;

5) creation and development of cooperation networks between the research and development sector and enterprises in the transfer of technology and innovation;

6) prepare to participate in the research and innovation programmes;

7) creation of networks of cooperative enterprises;

8) connecting to businesses;

9) establishment on the territory of the European Union;

10) input by the trader products on new markets;

11) to raise external financing for the development of economic activity.

§ 6. 1. The expenditure necessary for the implementation of eligible project expenses incurred to finance consultancy services, referred to in § 5. 2, which fulfil the criteria referred to in article 1. 26 paragraph. 3, second sentence, of Commission Regulation (EC) No 800/2008.

2. The input tax on the goods and services are classified as eligible expenditure if the entrepreneur does not have the right to a refund or deduction of that tax.

§ 7. 1. The maximum aid intensity for advisory services calculated as the ratio between the gross grant equivalent of eligible expenditure is 50%.

2. aid for consultancy services provided in respect of the same eligible expenditure shall be subject to the adding up with any other State aid and de minimis use, referred to in 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, as amended. ), and using the budget of the European Union, provided the entrepreneur, regardless of its form and source.

3. the total value of the aid referred to in paragraph 1. 2, may not exceed the maximum aid intensity for advisory services referred to in paragraph 1. 1. § 8. 1. The trader may receive aid for consultancy services, if they are met, including conditions relating to: 1) the purpose and scope of the implementation of the project referred to in § 5;

2) eligible expenditure referred to in paragraph 6;

3) the maximum aid intensity, referred to in § 7 para. 1;

4) the sustainability of the project.

2. the condition referred to in paragraph 1. 1 paragraph 4, shall be deemed to be satisfied if the project is not subject to the substantial modifications referred to in article 1. 57 paragraph 3. 1 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European regional development fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ. EU L 210 of on 31 Jul 2006, p. 25, as amended. d.), within a period of 3 years from the date of termination of the project.

§ 9. 1. The trader shall submit an application for funding of the project, hereinafter referred to as "application" under the regional operational programme for the assisting party.

2. The application shall contain, in particular: 1) the name of the trader;

2) the title and location of the project;

3) purpose of the project;

4) description of the project;

5) a description of the results of the implementation of the project;

6) planned start and end dates of the project;

7) value of the project;

8) eligible expenditure;

9) requested amount of the grant;

10) sources of financing of the project.

3. the application shall be accompanied by the entrepreneur information or information and the statement referred to in article 1. 37 paragraph 2. 5 of the Act of 30 April 2004 on proceedings in cases concerning State aid.

4. the granting of aid shall evaluate the request on the basis of: 1) the conditions referred to in paragraph 8;

2) the criteria referred to in article 1. 65 (a). and Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European regional development fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

5. aid for consultancy services can be given to the entrepreneur after the assessment referred to in paragraph 1. 4. aid for consultancy services is provided in the form of non-repayable subsidies intended to cover part of the eligible expenditure, on the basis of the agreement of the grant project.

6. The trader before the signature of the specific grant agreement the project shows the entity assisting information about State aid and de minimis aid received from the date of submission of the application from other sources to cover the same eligible expenditure.

7. the granting of aid passes trader information referred to in article 1. 38 paragraph 2. 1 and 2 of the Act of 30 April 2004, proceedings in matters relating to state aid.

§ 10. 1. Work related to the implementation of the project can begin after the submission of the application by the trader.

2. By the start of work referred to in paragraph 1. 1, should be understood first declarations of intent on the order of execution of advisory services.

§ 11. Aid for advisory services is subject to individual notification of the European Commission in the case referred to in article. 6 paragraph 1. 1 (b). (c) of Commission Regulation (EC) No 800/2008.

§ 12. Aid shall be granted to 30 June 2014.

§ 13. 1. applications for funding of projects submitted in the framework of the competitions started and not completed before the date of entry into force of this regulation, the provisions of the existing.

2. Requests for funding individual projects submitted and pending before the date of entry into force of this regulation, the provisions of the existing.

§ 14. This Regulation shall enter into force after the expiry of 7 days from the date of the notice. 2) the Minister of regional development: e. Pollak

 


1) regional development Minister directs Government Administration Department – regional development, on the basis of § 1 para. 2 regulation of the Prime Minister of 16 November 2007 on the detailed scope of the Ministry of regional development (OJ No 216, item 1600).

2), this regulation was preceded by a regulation of the Minister of regional development of 11 October 2007 on the granting of aid for consultancy services for micro, small and medium-sized enterprises in the framework of the regional operational programmes (Journal of laws No. 193, item 1398 and from 2008, # 111, 712 and # 224, item 1481), which is repealed with effect from the entry into force of this Regulation pursuant to article. 11 of the Act of 7 November 2008 amending certain laws in connection with the implementation of the structural funds and the Cohesion Fund (OJ No 216, poz. 1370).

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