Key Benefits:
REGULATION OF THE MINISTER FOR REGIONAL DEVELOPMENT 1)
of 1 December 2010
on the provision of assistance for consultancy services for micro-entrepreneurs and small and medium-sized enterprises in the framework of regional operational programmes
On the basis of art. 21 (1) 3 of the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. 2009 r. Nr 84, pos. 712 and Nr 157, pos. 1241) the following shall be managed:
§ 1. The Regulation sets out the specific purpose, conditions and mode of aid for consultancy services for micro-entrepreneurs and small and medium-sized enterprises in the framework of regional operational programmes, hereinafter referred to as 'the assistance for consultancy services', to which the provisions of Commission Regulation (EC) No 800/2008 of 6 August 2008 apply. recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EU L 214 of 09.08.2008, str. 3), hereinafter referred to as "Commission Regulation (EC) No 800/2008".
§ 2. The provisions of the Regulation shall not apply to aid for consultancy services:
1. in the sectors:
(a) fisheries and aquaculture covered by Council Regulation (EC) No 104/2000 of 17 December 1999. on the common organisation of the markets in fishery and aquaculture products (Dz. Urz. EC L 17, 21.01.2000, p. 22, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 4, t. 4, str. 198, of late. zm.),
(b) coal mining;
2) for an economic activity in the scope of:
(a) the production of the basic agricultural products referred to in Article 1 (1) 3 lithium (b) of Commission Regulation (EC) No 800/2008,
(b) the processing and marketing of agricultural products in the cases referred to in Article 4 (1) 1 (1) 3 lithium (c) Commission Regulation (EC) No 800/2008.
§ 3. When the regulation is referred to by a micro-entrepreneur, small or medium-sized enterprises, a micro-enterprise, small or medium-sized enterprise, as appropriate, fulfils the conditions set out in Annex I to the Regulation. Commission Regulation (EC) No 800/2008
§ 4. Aid for consultancy services shall not be:
1. to be granted for export 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 expenditure the current export activity;
2) contingent upon the priority of the use of the domestic production of goods in relation to goods brought from abroad;
3. granted to, or paid to, micro-enterprises and small and medium-sized enterprises, hereinafter referred to as "entrepreneurs":
(a) in the case referred to in Article 25 par. 3 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),
(b) meeting the conditions laid down for the firm in question referred to in Article 4 (1). 1 (1) (Article 7 of Commission Regulation (EC) No 800/2008.
§ 5. 1. Assistance for consultancy services shall be aimed at supporting the economic and social development of the region by making it easier for entrepreneurs to access consultancy services having an impact on the growth of the competitiveness of enterprises.
2. Assistance for consultancy services may be granted in the voivodship covered by the regional operational programme, for the implementation of the project consisting in the purchase of consultants external consultancy services, in particular in the scope of:
1) quality, concerning in particular:
(a) the design, implementation and improvement of quality management and environmental management systems,
(b) obtaining and renewing certificates of conformity for products, services, raw materials, machinery and equipment, control-measuring apparatus or personnel qualifications,
(c) the issue of the manufacturer's declaration of conformity, to the extent specified in point (b
2) the use of advanced IT technologies in the enterprise;
3) develop a company's development strategy;
4) design, implement and improve the new product or service or develop marketing plans;
5) the creation and development of a network of cooperation between the research and development sector and the companies in the field of technology transfer and innovation;
6) preparations for participation in research and innovation programmes;
7. the creation of a network of cooperative enterprises;
(8) mergers between undertakings;
9. establishment within the territory of the European Union;
10) the introduction by the entrepreneur of products into new foreign markets;
11) to raise external financing for the development of economic activities.
§ 6. 1. The eligible expenditure shall include the expenditure required for the implementation of the project, incurred in financing the advisory services referred to in § 5 (1). 2, which meet the criteria laid down in the Article. 26 par. Third sentence of Commission Regulation (EC) No 800/2008.
2. The valuated tax on goods and services shall be included in the eligible expenditure if the trader is not entitled to the right to return or to deduct this tax.
§ 7. (1) The maximum aid intensity for consultancy services, calculated as the gross grant equivalent of eligible expenditure, shall be 50%.
Assistance for consultancy services in relation to the same eligible expenditure shall be subject to aggregation with any other public aid and assistance. de minimis, as referred to in 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, with late. ism.), and assistance from the budget of the European Union, granted to the entrepreneur, irrespective of its form and source.
3. The total amount of the aid referred to in paragraph. 2, may not exceed the maximum aid intensities for the advisory services referred to in paragraph 1. 1.
§ 8. 1. An entrepreneur may receive assistance for consultancy services if the cumulative conditions relating to:
1) the purpose and scope of implementation of the project, referred to in § 5;
(2) the eligible expenditure referred to in paragraph 6;
(3) the maximum aid intensity referred to in Paragraph 7 (1) of the basic regulation. 1;
4) sustainability of project implementation.
2. The condition referred to in paragraph. Article 1 (4) shall be deemed to be met if the project is not subject to the essential modification referred to in Article 4 (1). 57 (1) 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 (Dz. Urz. EU L 210, 31.07.2006, p. 25, of late. zm.), within a period of 3 years from the date of completion of the project.
§ 9. 1. An entrepreneur shall submit a request for funding of the project, hereinafter referred to as the "application", within the regional operational programme to the aid provider.
2. The application shall include in particular:
1. the name of the trader;
2) the title and place of implementation of the project;
3) the objective of implementing the project;
4) description of the project;
5) a description of the results of the project;
6) planned dates of commencation and completion of the project;
7) the value of the project;
(8) eligible expenditure;
(9) the amount of the subsidy applied for;
10) the funding source of the project.
3. The entrepreneur's request shall include the information or information and the statement referred to in art. 37 par. 5 of the Act of 30 April 2004. of proceedings in matters relating to public aid.
4. The awarding entity shall carry out an assessment of the application on the basis of:
1) the conditions referred to in § 8;
2) the criteria referred to in art. 65 lit. 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 may be granted to an entrepreneur after the evaluation referred to in paragraph 1. 4. Assistance for consultancy services shall be provided in the form of a non-repayable financing intended to cover part of the eligible expenditure, on the basis of a contract for co-financing of the project.
6. An entrepreneur before signing a contract for the financing of the project presents information about public aid and assistance to the awarding entity de minimis received from the date of submission of the application from other sources to cover the same eligible expenditure.
(7) The aid provider shall provide the economic operator with the information referred to in Article 4. 38 par. 1 and 2 of the Act of 30 April 2004. of proceedings in matters relating to public aid.
§ 10. 1. The work related to the implementation of the project may commence after the entrepreneur has submitted the application.
2. By starting the works referred to in paragraph. 1, the submission of the first declaration of intent concerning the execution order of the advisory services shall be understood.
§ 11. Assistance for consultancy services shall be subject to individual notification to the European Commission in the case referred to in Article 4. 6 para. 1 litas (c) Commission Regulation (EC) No 800/2008.
§ 12. The aid shall be granted until 30 June 2014.
§ 13. 1. The applications for projects submitted in the framework of competitions commenced and not completed before the date of entry into force of this Regulation shall be subject to the provisions of the existing ones.
2. applications for individual projects submitted and not recognised before the date of entry into force of this Regulation shall be subject to the application of the provisions of the previous one.
§ 14. The Regulation shall enter into force after 7 days from the date of the announcement. 2)
Minister of Regional Development: E. Bieńkowska
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1) The Minister of Regional Development heads the government administration-regional development, pursuant to § 1 par. 2 of the Regulation of the Prime Minister of 16 November 2007. on the detailed scope of the action of the Minister of Regional Development (Dz. U. No 216, item. 1600).
2) This Regulation was preceded by the Ordinance of the Minister of Regional Development of 11 October 2007. on the provision of assistance for consultancy services for micro-entrepreneurs and small and medium-sized entrepreneurs in the framework of regional operational programmes (Dz. U. Nr 193, poz. 1398 and 2008 No. 111, item. 712 and No. 224, pos. 1481), which is repealed with effect from the date of entry into force of this Regulation on the basis of art. 11 of the Act of 7 November 2008. to amend certain laws in connection with the implementation of the Structural Funds and the Cohesion Fund (Dz. U. No 216, item. 1370).
