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Regulation Of The Minister Of Environment Of 17 December 2013 On Detailed Conditions For The Granting Of Regional Aid For Certain Environmental Objectives

Original Language Title: ROZPORZĄDZENIE MINISTRA ŚRODOWISKA z dnia 17 grudnia 2013 r. w sprawie szczegółowych warunków udzielania regionalnej pomocy publicznej na niektóre cele z zakresu ochrony środowiska

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REGULATION
MINISTER OF THE ENVIRONMENT 1)

of 17 December 2013

on the specific conditions for the granting of regional public aid for certain environmental objectives

On the basis of art. 400a ust. 2 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2013 r. items 1232 and 1238), the following shall be managed:

§ 1. The provisions of the Regulation shall not apply to:

(1) granting regional public aid for certain environmental objectives, hereinafter referred to as "aid", in the sectors:

(a) iron and steel metallurgy,

(b) coal mining,

(c) shipbuilding,

(d) synthetic fibres,

(e) fisheries and aquaculture,

(f) agriculture in activities linked to the original production of the products listed in Annex I to the Treaty on the Functioning of the European Union,

(g) activities related to the manufacture and marketing of products intended to imitate or substitute for milk and milk products, as referred to in Council Regulation (EC) No 1234/2007 of 22 October 2007. establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (Dz. Urz. EU L 299, 16.11.2007, p. 1, from late. zm.);

2) large investment projects, where the total value of the intended aid summed up with other public aid or de minimis aid from all sources exceeds 75% of the maximum amount of aid that can be allocated for investment by the costs eligible for aid of EUR 100 000 000, applying the aid intensity laid down in § 3 of the Regulation of the Council of Ministers of 13 October 2006. on the establishment of the regional aid map (Dz. U. Nr 190, poz. 1402 and 2013 items 1540).

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

1) a large investment project-this means the project referred to in § 4 par. 2 of the Regulation of the Council of Ministers of 13 October 2006. on the establishment of the regional aid map;

(2) micro-entrepreneurs, small or medium-sized enterprises-that is, respectively, a micro-enterprise, small or medium-sized enterprise referred to 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, from late. zm.).

§ 3. The aid may be granted if it is allocated to:

1) adaptation of existing installations to the requirements of the best available techniques within the meaning of art. 3 point 10 of the Act of 27 April 2001. -Environmental law, in particular for the adaptation to the environmental protection requirements of the existing installations referred to in the Regulation of the Minister of the Environment of 26 July 2002. on the types of installations liable to cause significant pollution of particular natural elements or the environment as a whole (Dz. U. No 122, pos. 1055);

2) the protection of the waters against pollution, in particular the adaptation of the installations, facilities and operating conditions to the environmental protection requirements set out in the Act of 18 July 2001. -Water law (Dz. U. 2012 r. items 145, z Late. 1. 2) );

3) reduction of emissions from the sources of combustion of fuels, in particular for the adaptation to the environmental requirements of the sources of combustion of fuels with a capacity of 50 MW;

4) waste management, in particular for the implementation of investments and programmes, associated with existing installations, contributing to solving problems in the management of industrial or hazardous waste in accordance with the requirements of the Act of 14 December 2012 of waste (Dz. U. of 2013 r. items 21, 888 and 1238);

5) water supply;

6) improvement of the safety status of existing water equipment;

7) improving the quality of fuels and motor technology;

(8) the application of technology to ensure cleaner and energy-efficient production and saving of raw materials;

9. renewable energy sources;

10) limitation of emissions of volatile organic compounds;

11) monitoring of environmental pollution;

12) storage of waste;

13) the installation of waste resulting from the dismantling of end-of-life vehicles.

§ 4. The application of the conditions for the granting of aid laid down in the Regulation exempts from the obligation to notify the European Commission of the draft of such aid.

§ 5. 1. The aid may be granted for the realisation of an investment which is a new investment.

2. For the new investment shall be considered:

1) an investment in fixed assets and intangible assets related to the creation of a new company, the extension of an existing company, diversification of the company's production by the introduction of new additional products or a fundamental change in the production process of an existing establishment, or

2) acquisition of fixed assets directly linked to a company which has been liquidated or would have been liquidated if the purchase did not take place, with the funds being acquired by an investor independent of the vendor.

3. A new investment shall not be considered to be:

(1) an investment which is only capable of restoring production capacity;

2) the acquisition of shares or shares of the company.

(4) The following types of investment may be supported in the framework of the aid:

1) changes in technology to eliminate harmful effects and nuisance by preventing emissions into the environment;

2. changes in technology to reduce energy demand, water and raw materials, with particular regard to the use of waste heat and the reduction of the amount of waste generated;

3) changes in technology aimed at limiting the emission of certain substances and energy to the level set out in national laws and in the European Union's environmental legislation and in documents reference best available techniques made available on the website administered by the office serving the Minister responsible for the environment;

4) investments in installations or installations limiting emissions to the environment, the use of which is necessary for the achievement of emission standards or emission limit values characterizing the best available techniques when emission reductions Whereas the changes to technology and other changes in the way the company works are not sufficient in this respect;

5) construction or rebuilding of the sewage treatment plant or water treatment plant;

6) construction or rebuilding of sewerage systems;

7) construction or rebuilding of installations used in the company's business, in order to achieve the required standards of wastewater discharges quality;

8) expansion or rebuilding of combustion plants of fuels and district heating systems;

9) rebuilding of equipment or equipment of combustion plants of fuels in equipment or installations to limit the emission of gaseous and particulate pollutants;

10) conversion of combustion plants to environmentally friendly solutions;

11) investments in the production of combined electricity and heat;

12. the construction or reconstruction of a waste recovery or disposal facility, with particular emphasis on regional or local facilities, in accordance with national and provincial waste management plans;

13) construction or rebuilding of equipment for recovery, in particular recycling, or the disposal of packaging waste and post-mortem waste;

14. the construction or reconstruction of waste conversion installations in order to facilitate their storage and transport and the preparation for recovery or disposal;

15) construction or rebuilding of installations for the collection of waste, in particular hazardous waste;

16) expansion or rebuilding of installations and equipment in order to minimise the amount of waste generated;

17) expansion or rebuilding of installations and equipment to ensure proper recording of waste;

18) construction or reconstruction of condensing power plants by the use of hard-fired power blocks with a nominal efficiency of at least 45%, lignite with a nominal efficiency of at least 43,5% or the use of units Steam-gas with a nominal efficiency of at least 55%;

19) construction or rebuilding of water treatment stations, water supply networks, pumping stations;

20) rebuilding of water equipment in order to improve the safety status;

21) changes in fuel production technology in order to improve their quality;

22) construction or rebuilding of installations to reduce the sulphur content of petroleum products;

23) construction or rebuilding of installations for the production of biofuels, biocomponents or other renewable fuels;

24) replacement or redevelopment of engines with the instrumentation for the combustion of fuels, including alternative to petroleum-related fuels;

25) retro-deployment of transport bases in facilities for reducing the environmental impact of the rolling stock of public transport;

26) investment in energy saving, including the replacement of energy-saving equipment;

27) use of fuel cells;

28) construction or rebuilding of hydroelectric power plants with a nominal power capacity of up to 10 MW;

29) construction of wind turbines;

30) construction or rebuilding of electricity or heat generation installations using biomass or co-incineration plants;

31) construction or rebuilding of sources of electricity generation or heat, using biogas obtained in the process of methane fermentation;

32) the construction or rebuilding of the connection infrastructure necessary for the reception and transmission of electricity or heat from renewable sources, and the equipment associated with the automation of these systems;

33) construction or reconstruction of the installation of acquiring or using the energy of thermal waters;

34) the use of solar collectors or photovoltaic cells;

35) construction of new or adaptation of existing energy installations for the use of methane originating from the de-methanting of hard coal mines and oil extractive oil wells;

36) use of heat pumps;

37) construction of technological lines for the production of renewable energy processing equipment in electricity, heat or biofuel production facilities;

(38) construction of waste energy recovery installations;

39) rebuilding of tanks and installations for the storage and distribution of raw materials and petroleum products;

40) encapsulation of equipment and installations for the storage and distribution of raw materials and petroleum products;

41) reconstructions of petrol stations to reduce the emissions of hydrocarbons into the environment;

42) rebuilding of an installation or a change of technology leading to the limitation or elimination of the emissions of volatile organic compounds;

43) purchase of apparatus for research and measurement of environmental pollution;

(44) the purchase of equipment for the reduction of the quantity and volume of waste disposed of by storage, with particular regard to biodegradable waste;

(45) the construction of a part of a storage site dedicated to the storage of hazardous waste, the storage of which is acceptable;

46) the construction of hazardous waste storage facilities from waste accepted into the landfill site;

47) construction of installations for the gas storage of landfill sites;

48. the construction of installations for the collection of shades and their purification or purification to the extent that they are suitable for the proper reception for the purification or recovery of the waters or to the ground;

49) construction of installations and the purchase of equipment for the collection and dismantling of end-of-life vehicles, as well as the management of waste arising from the dismantling of these vehicles.

§ 6. 1. The aid may be granted in the form of:

1) grants, including subsidies on bank lending rates, or

(2) interest-bearing loans, or

3) partial write-offs of interest-bearing loans.

2. Loans and loans referred to in paragraph. 1, they must be secured in such a way as to guarantee the reimbursement of the full amount of the loan or credit plus interest, taking into account the total value of the receivables and the financial position of the company.

§ 7. 1. The aid may be granted if, prior to the start of the investment, the aid application has been submitted and the applicant has received confirmation in paper or electronic form, that the project, subject to a detailed verification of the aid application, is eligible for assistance.

2. The confirmation referred to in paragraph. 1, is sent by the aid provider or another entity by him authorized, within 30 days from the date of the impact of the application for assistance.

3. The confirmation referred to in paragraph. 1, does not provide a basis for claims for the grant and payment of the aid.

4. The start of the investment shall take place through the taking of works or the submission of the first commitment to the procurement of the equipment, excluding preliminary feasibility studies.

5. In the contract providing the basis for providing assistance to the microentrepreneur, a small and medium entrepreneur undertakes to ensure the use of the investment for a period of at least three years, and in the case of other entrepreneurs-for a period of at least five years, from the date of its transfer to use.

§ 8. 1. The eligible costs shall include costs directly incurred in:

1) a construction and execution project;

2) acquisition of land and preparation of the construction site;

3) acquisition or execution of structures or buildings;

4) the acquisition of machinery and equipment, together with the costs of transport, loading or unloading;

5) dismantling works, construction works and the installation and start-up of the equipment and the entire facility, provided that the product which is sold is not produced during the start-up operation;

6) facilities and infrastructure related to the investment, including water supply, electricity, heat, gas and connection to the wastewater disposal system, fencing, lighting, landscaping, automation and control equipment, control and measurement equipment, technical and laboratory facilities;

7) acquisition of intangible assets in the form of: patents, licences, non-patented technical, technological or organizational and management knowledge, if they meet the following cumulative conditions:

(a) they will only be used in the undertaking in which the investment is carried out,

(b) be amortiated in accordance with the accounting rules,

(c) they will be acquired from third parties at market conditions,

(d) they shall be the assets of the undertaking in which the investment is carried out and shall remain in it for at least five years and, in the case of a micro-entrepreneur, a small and medium-sized enterprise for at least three years;

8) the services necessary for the implementation of the investment, including supervision and research confirming the achievement of the ecological effect.

2. Costs incurred in the acquisition of fixed assets shall be included in the costs eligible for aid, if these measures are new, with the exception of fixed assets acquired by micro-entrepreneurs, small and medium entrepreneurs and investments, which is referred to in § 5 (1) 2 point 2.

3. Where prior to the acquisition of the company referred to in § 5 par. 2, point 2, which has already been granted public aid, the purchase prices of these funds are not eligible for eligible costs.

4. Acquisition of fixed assets may also be made by means of a leasing contract.

5. Where the subject of the leasing contract is leasing of movable fixed assets, it should include an obligation to transfer the ownership of these funds to the entrepreneur after the termination of the contract.

6. Where the subject of a leasing contract is leasing of immovable property, it shall last for at least five years, and in the case of micro-entrepreneur, small or medium-sized entrepreneur-at least for a period of three years-from the expected the deadline for completion of the new investment.

7. In the case of an entrepreneur other than a micro-entrepreneur, a small or medium entrepreneur the cost of acquiring the intangible assets referred to in the mouth. The costs referred to in paragraph 1 shall be included in the costs eligible for aid not exceeding 50% of the value of the costs referred to in paragraph 1. 1.

(8) In the case of an entrepreneur performing an economic activity in the transport sector, the costs of purchasing the means of transport are not included in the costs eligible for aid.

(9) The purchase price and the cost of creating fixed assets and intangible assets shall be determined in accordance with the accounting rules.

10. Costs eligible for the aid are discounted to the value at the date of granting of the aid, using the discount rate referred to in § 2 item 3a of the Regulation of the Council of Ministers of 11 August 2004. on the detailed way of calculating the value of public aid granted in various forms (Dz. U. Nr 194, pos. 1983, 2006 Nr 183, pos. 1355 and 2009 No 122, pos. 1008).

§ 9. 1. The intensity of the aid shall not exceed the size specified in § 3 of the Regulation of the Council of Ministers of 13 October 2006. on the establishment of the regional aid map.

2. With the exception of aid for large investment projects, a micro-entrepreneur, a small and medium-sized entrepreneur, with the exclusion of an economic activity in the transport sector, may obtain aid, the intensity of which increases:

1) by 10 percentage points, in the case of an average entrepreneur;

2) by 20 percentage points-in the case of micro-entrepreneur and small entrepreneur.

3. The provision of the aid shall be covered by the entrepreneur, from own resources, at least 25% of the eligible costs.

(4) The own resources of the trader include measures which have not been obtained by the trader under the public support granted to him.

5. In the case of support for a large investment project, the maximum value of the aid shall be determined in accordance with the formula set out in § 4 ( 1 of the Regulation of the Council of Ministers of 13 October 2006. on the establishment of the regional aid map.

§ 10. (1) The aid shall be aggregated with other public aid or de minimis aid granted for the same eligible costs, irrespective of its form and source of origin, including those coming from the budget of the European Union.

2. The intensity of total aid summed up in accordance with the paragraph. 1 shall not exceed the maximum intensity determined in accordance with paragraph 9 (1). 1 and 2, and in the case of a large investment project, the value of the total aid summed up in accordance with the paragraph. 1 may not exceed the maximum value of the aid determined in accordance with the model referred to in § 4 (4). 1 of the Regulation of the Council of Ministers of 13 October 2006. on the establishment of the regional aid map.

§ 11. Applications for assistance referred to in the Regulation of the Council of Ministers of 22 December 2006 on the establishment of an aid scheme in the field of regional public aid for certain investments in the protection of the environment (Dz. U. No 246, pos. 1795 and 2007 Nr 76, pos. 503), complex and not patted before the date of entry into force of this Regulation, shall be considered in accordance with the provisions of this Regulation.

§ 12. The Regulation shall apply until 30 June 2014.

§ 13. This Regulation shall enter into force on 1 January 2014. 3)

Minister of Environment: M.H. Grabowski

1) The Minister of the Environment directs the department of government administration-the environment, on the basis of § 1 ust. 2 point 2 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of action of the Minister of the Environment (Dz. U. Nr. 248, pos. 1493 and No. 284, pos. 1671).

2) Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 951 and 1513 and of 2013 items 21 and 165.

3) This Regulation was preceded by the Regulation of the Council of Ministers of 22 December 2006. on the establishment of an aid scheme in the field of regional public aid for certain investments in the protection of the environment (Dz. U. No 246, pos. 1795 and 2007 Nr 76, pos. 503), which will lose power as of 31 December 2013. The aid referred to in this Regulation is the continuation of the aid referred to in the Regulation of the Council of Ministers of 22 December 2006. on the establishment of an aid scheme for regional public aid for certain investments in the protection of the environment, and is granted in accordance with the conditions laid down in Commission Regulation (EC) No 1628/2006 of 24 October 2006 2006 on the application of Article 87 and 88 of the Treaty in relation to regional investment aid (Dz. Urz. EU L 302, 01.11.2006, p. 29).