Key Benefits:
REGULATION
MINISTER FOR REGIONAL DEVELOPMENT 1)
of 8 December 2010
on the granting of assistance de minimis 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. of 2014 items 1649) the following shall be managed:
§ 1. [ Regulatory scope] 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. [ Requirements for the granting of aid to economic operators] 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. [ Definitions] 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) [ 1] micro-entrepreneurs, small or medium-sized enterprises-this should be understood as a micro-enterprise, a small or medium-sized enterprise which meets the conditions set out in Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 2014 recognising certain types of aid as compatible with the internal market in application of Article 107 and 108 of the Treaty (Dz. Urz. EU L 187, 26.06.2014, p. 1);
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) one trader, one undertaking must be understood to mean an undertaking within the meaning of the Article. 2. 2 of Commission Regulation (EU) No 1407/2013.
§ 4. [ Transparency criteria] 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. [ Objectives of aid] 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. [ Eligible expenditure] 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. [ Restrictions on the granting of aid] The aid shall be granted subject to the conditions laid down in Article 4. Article 5 of Commission Regulation (EU) No 1407/2013.
§ 8. [ Value of admissible aid granted to one trader] 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. [ Conditions for granting aid] 1. An entrepreneur may receive assistance, if the conditions relating to:
1) the purpose and scope of the aid referred to in § 5;
2) 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. The condition relating to the sustainability of the project shall be deemed to be fulfilled if the project is not subject to the essential modification referred to in the art. 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.) [ 2] , within a period of 5 years from the date of completion of the project, and in the case of a micro-entrepreneur, a small or medium entrepreneur-within a period of 3 years.
§ 10. [ Application for project financing] 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) [ 3] copies of the certificates or statements referred to in art. 37 par. 1 point 1 and paragraph 1. 2 points 1 and 2 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, z Late. zm.), 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. [ The entity assessing the application for project funding] 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 the 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. [ Rules for assessing the application for project funding] 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. [ The documents presented to the entrepreneur before signing the contract] Before signing a grant agreement for a project or an aid grant agreement, the trader shall provide the aid to the granting authority:
1) [ 4] copies of the attestas or statements referred to in § 10 (1) (a) of the 5 point 1,
(2) information on the value and the 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 Article 4 (2). 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. [ Term of aid] The aid shall be granted until 31 December 2015.
§ 15. [ Application of existing provisions] 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. [ Entry into force] The Regulation shall enter into force on the day of the announcement 2)
§ 16.
1) Currently the government administration-regional development is headed by the Minister of Infrastructure and Development, pursuant to § 1 par. 2 point 3 of the Regulation of the Prime Minister of 22 September 2014 on the detailed scope of the Action of the Minister of Infrastructure and Development (Dz. U. Entry 1257).
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 has expired on 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] § 3 point 2 in the wording set by § 1 point 1 of the Ordinance of the Minister of Infrastructure and Development of 2 July 2015 amending the Regulation on the granting of assistance de minimis in the framework of regional operational programmes (Journal of Laws of the European Union 999). The amendment came into force on 18 July 2015.
[ 2] Repealed by Art. 153 (1) 1 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 establishing common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund and Fishing and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 176ance The Council of the ECB shall Urz. EU L 347, 20.12.2013, p. 320), with effect from 1 January 2014; references to the repealed Regulation shall be construed as references to the Regulation repealing Regulation, in accordance with the correlation table set out in Annex XIV to that Regulation.
[ 3] § 10 para. 5 point 1 in the wording set by § 1 item 2 of the Ordinance of the Minister of Infrastructure and Development of 2 July 2015 amending the Regulation on the granting of assistance de minimis in the framework of regional operational programmes (Journal of Laws of the European Union 999). The amendment came into force on 18 July 2015.
[ 4] § 13 point 1 in the wording set by § 1 point 3 of the Ordinance of the Minister of Infrastructure and Development of 2 July 2015 amending the Regulation on the granting of assistance de minimis in the framework of regional operational programmes (Journal of Laws of the European Union 999). The amendment came into force on 18 July 2015.
