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Regulation Of The Minister Of Regional Development Of 8 December 2010 On De Minimis Aid In The Framework Of The Regional Operational Programmes

Original Language Title: ROZPORZĄDZENIE MINISTRA ROZWOJU REGIONALNEGO z dnia 8 grudnia 2010 r. w sprawie udzielania pomocy de minimis w ramach regionalnych programów operacyjnych

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REGULATION OF THE MINISTER FOR REGIONAL DEVELOPMENT 1)

of 8 December 2010

on the granting of assistance de minimis in 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. [ 1] The Regulation sets out the specific purpose, conditions and mods for granting aid to undertakings. de minimis To which the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 apply. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union for assistance de minimis (Dz. Urz. EU L 352, 24.12.2013, p. 1), hereinafter referred to as "Commission Regulation (EU) No 1407/2013", in the framework of regional operational programmes, hereinafter referred to as "aid".

§ 2. [ 2] Help de minimis may be granted to undertakings operating in all sectors, except in the cases referred to in Article 1 of Commission Regulation (EU) No 1407/2013.

§ 3. Whenever there is a regulation in the regulation:

(1) the beneficiary, which must be understood by the beneficiary referred to in Article 3 (1) of the Regulation. 5 point 1 of the Act of 6 December 2006. the principles of development policy;

(2) a micro-entrepreneur, small or medium-sized entrepreneur-a micro-enterprise, a small or medium-sized enterprise, as appropriate, meets the conditions laid down in Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 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);

3) the project-this must be understood by the project referred to in art. 5 point 9 of the Act of 6 December 2006. the principles of development policy;

4) an entrepreneur-it is a company within the meaning of art. 1 of Annex I to the Regulation referred to in point 2;

5) endeavour-this must be understood by the action carried out in the project by the entrepreneur on the basis of the aid contract concluded between the beneficiary and the entrepreneur;

6) [ 3] one trader-one should be understood by one undertaking within the meaning of the Article. 2. 2 of Commission Regulation (EU) No 1407/2013.

§ 4. [ 4] The aid may be granted if it fulfils the criteria for transparent aid referred to in Article 4. Article 4 (4) of Commission Regulation (EU) No 1407/2013.

§ 5. 1. The aid is intended to support the economic and social development of the region.

2. The aid may be granted to the entrepreneur:

1) by the managing authority, the intermediary institution or the implementing body for the project implemented in the voivodship covered by the regional operational programme, in the form of a non-repayable funding;

2) by the beneficiary to the project carried out in the project implemented in the voivodship covered by the regional operational programme, in particular in the form of:

(a) non-repayable funding,

(b) recapitalisation,

(c) the unpaid use of the assets created or purchased in the framework of the project,

(d) to depart assets created or purchased in the course of a project to benefit under conditions which are more favourable than market conditions.

3. The aid referred to in paragraph 1. Article 2 (2) may be granted if the possibility of granting it provides for an agreement for the financing of the project.

§ 6. 1. The aid referred to in § 5 par. Article 2 (1) may be granted to cover up to 100% of eligible expenditure which meets the eligibility criteria for expenditure referred to in Article 2 (1). 5 point 6 of the Act of 6 December 2006. the principles of development policy.

2. The valuated tax on goods and services shall be included in the eligible expenditure if the beneficiary is not entitled to the right to repay or to deduct this tax.

§ 7. [ 5] The aid shall be granted subject to the conditions laid down in Article 4. Article 5 of Commission Regulation (EU) No 1407/2013.

§ 8. [ 6] Value of allowable aid de minimis granted to one economic operator shall be determined on the basis of Article 3 para. 2-9 of Commission Regulation (EU) No 1407/2013.

§ 9. 1. An entrepreneur may receive assistance, if the conditions relating to:

1) the purpose and scope of the aid referred to in § 5;

2) [ 7] the cumulation and intensity of the aid referred to in Article 5 of Commission Regulation (EU) No 1407/2013;

3) the maximum amount of the aid referred to in § 8.

2. The aid referred to in § 5 (1) Article 2 (1) may be granted if, in addition, the conditions relating to:

(1) the eligible expenditure referred to in paragraph 6;

2) the sustainability of project implementation.

3. The aid referred to in § 5 (1) Article 2 (2) may be granted if the condition for the compliance of the project with the eligible expenditure of the beneficiary project and the sustainability of the project's implementation are satisfied.

(4) A condition relating to the sustainability of the project shall be deemed to be met if the project is not subject to the essential modification referred to in Article 4. 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 5 years from the date of completion of the project, and in the case of micro-entrepreneur, small or medium entrepreneur-in the period of 3 years.

§ 10. 1. An entrepreneur applying for the assistance referred to in § 5 par. In accordance with Article 2 (1), a proposal for the financing of a project is submitted to the donor aid provider, an intermediate body or an implementing body.

2. The application for funding of the project 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. An entrepreneur applying for the assistance referred to in § 5 par. 2, point 2, submits an application for assistance to the recipient of the aid recipient.

(4) The request for assistance shall include in particular:

1. the name of the trader;

2. the title and place of implementation of the project;

(3) the objective of the project;

4) the description of the project;

5) a description of the results of the project;

6) the planned dates of commencation and completion of the project.

5. The application for the financing of the project or the application for the aid of the entrepreneur shall be accompanied by:

1) copies of the aid certificates de minimis or a statement of the aid de minimis or a statement not to receive such aid, as referred to in Article 37 par. 1 point 1 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), concerning the current fiscal year and two previous tax years;

2) the information referred to in art. 37 par. 1 point 2 of the Act of 30 April 2004. of proceedings in matters relating to public aid.

§ 11. 1. The provider of the assistance which is the managing authority, the intermediate body or the implementing body shall carry out an assessment of the application for the financing of the project on the basis of:

1) the conditions referred to in § 9 par. 1 and 2;

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.

2. After the evaluation referred to in paragraph. 1, the aid referred to in § 5 (1) Article 2 (1) may be granted to an entrepreneur in the form of a non-repayable grant, intended to cover part or all of the eligible expenditure, on the basis of a contract for funding the project.

§ 12. 1. The beneficiary of the aid beneficiary shall carry out an assessment of the application for assistance on the basis of the conditions referred to in § 9 (1). 1 and 3.

2. After the evaluation referred to in paragraph. 1, the beneficiary may, in accordance with the provisions of the project grant agreement, grant the aid operator referred to in Paragraph 5 (1) of the Treaty. 2, point 2, on the basis of the aid agreement.

3. The beneficiary of the assistance shall inform the managing authority, the intermediate body or the implementing body of the assistance referred to in paragraph 5 (5). 2 point 2.

§ 13. Before signing a grant agreement for a project or an aid grant agreement, the trader shall provide the aid to the granting authority:

1) copies of the aid certificates de minimis or a statement of the aid de minimis or a statement not to receive such aid,

2) [ 8] information on the value and purpose of the public aid received in respect of the same eligible costs, which is necessary for the granting of the aid, subject to the conditions laid down in the Article. 5 of Commission Regulation (EU) No 1407/2013

-concerning the period from the date of submission of the application for the financing of the project or of the application for assistance.

§ 14. [ 9] The aid shall be granted until 31 December 2015.

§ 15. 1. The applications for funding submitted in the framework of contests started and not completed by the managing authority, the intermediate body or the implementing body before the date of entry into force of this Regulation shall apply So far.

2. applications for the financing of individual projects submitted and not recognised by the managing authority, intermediate body or implementing body prior to the date of entry into force of this Regulation shall apply So far.

§ 16. The Regulation shall enter into force on the day of the announcement 2)

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 2 October 2007. on the granting of assistance de minimis in the framework of regional operational programmes (Dz. U. No. 185, item. 1317), 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).

[ 1] § 1 in the wording set by § 1 item 1 of the Ordinance of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 2] § 2 in the wording set by § 1 item 1 of the Ordinance of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 3] § 3 point 6 added by § 1 item 2 of the Ordinance of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 4] § 4 in the wording set by § 1 item 3 of the Regulation of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 5] § 7 in the wording set by § 1 item 4 of the Regulation of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 6] § 8 in the wording set by § 1 item 5 of the Regulation of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 7] § 9 par. 1 point 2 in the wording set by § 1 item 6 of the Ordinance of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 8] § 13 point 2 in the wording set by § 1 item 7 of the Regulation of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.

[ 9] § 14 in the wording set by § 1 point 8 of the Regulation of the Minister of Infrastructure and Development dated 11 June 2014 amending the Regulation on the granting of de minimis aid in the framework of regional operational programmes (Journal of Laws pos. 801). The amendment came into force on 1 July 2014.