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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On the basis of article. 21(1). 3 of the Act of 6 December 2006 on the basis of policy development (OJ of 2014.1649) are managed as follows: § 1. [Range] Regulation lays down detailed use, conditions and grant de minimis aid to entrepreneurs, to which apply the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of article. 107 and 108 of the Treaty on the functioning of the European Union to de minimis aid (OJ. EU L 352 of 24.12.2013, p. 1), hereinafter referred to as "Commission Regulation (EU) No 1407/2013", within the framework of the regional operational programmes, hereinafter referred to as "help".



§ 2. [Requirements for the granting of aid entrepreneurs] De minimis aid may be granted to entrepreneurs operating in all sectors, with the exception of the cases referred to in article 1. 1 Commission Regulation (EU) No 1407/2013.



§ 3. [Definitions] Whenever a regulation is talking about: 1) the beneficiary must be understood of the beneficiary referred to in article 2. 5 paragraph 1 of the law of 6 December 2006 on the basis of policy development;

2) [1] mikroprzedsiębiorcy, small or medium-sized entrepreneurs should be understood properly, a micro-enterprise, small or medium-sized enterprise which meet the conditions laid down in annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market pursuant to art. 107 and 108 of the Treaty (OJ. EU L 187 of 26.06.2014, p. 1);

3) project – should be understood the project referred to in article 2. 5 section 9 of the Act of 6 December 2006 on the basis of policy development;

4) the entrepreneur must be understood enterprise within the meaning of article. 1 of annex I to the regulation, referred to in paragraph 2;

5) venture-to be understood the action carried out within the framework of the project by the operator on the basis of a contract for assistance, concluded between the beneficiary and the trader;

6) one of the entrepreneur – be understood a single undertaking within the meaning of article 3. 2. 2 Commission Regulation (EU) No 1407/2013.



§ 4. [Criteria transparent aid] Aid may be granted, if it meets the criteria of transparent aid referred to in article 1. 4 Commission Regulation (EU) No 1407/2013.



§ 5. [Aid] 1. the aid aims to support economic and social development of the region.

2. Aid may be granted to entrepreneurs: 1) by the managing authority, intermediate body or institution implementing the project in the Voivodeship, the regional operational programme, in the form of non-repayable grants;

2) by the beneficiary on the project within the framework of the project implemented in the Voivodeship, the regional operational programme, in particular in the form of: (a)) non-repayable grants, b) recapitalisation, c) free lending of assets produced or purchased in the framework of the implementation of the project, d) donate assets produced or purchased in the framework of the implementation of the project to use on terms more favourable than normal market conditions.

3. the aid referred to in paragraph 1. 2, paragraph 2, may be granted, if the contract provides for the funding of the project.



§ 6. [Eligible expenditure] 1. The aid referred to in § 5. 2, paragraph 1, may be provided to cover up to 100% of eligible expenditure, which meet the criteria for the eligibility of expenditure referred to in article 1. 5 section 6 of the Act of 6 December 2006 on the basis of policy development.

2. The input tax on the goods and services are classified as eligible expenditure if the beneficiary is not entitled to a refund or deduction of that tax.



§ 7. [Restrictions on the granting of aid] The aid is granted in compliance with the conditions referred to in article 1. 5 Commission Regulation (EU) No 1407/2013.



§ 8. [The value of the maximum permissible aid granted to one entrepreneur] The limit value of de minimis aid granted to a single trader shall be determined on the basis of art. 3 paragraphs 1 and 2. 2-9 Commission Regulation (EU) No 1407/2013.



§ 9. [The conditions for granting the aid] 1. The trader may receive aid if the conditions are met with respect to: 1) the purpose and scope of the provision of assistance referred to in section 5;

2) accumulation and intensity of the aid referred to in article 1. 5 Commission Regulation (EU) No 1407/2013;

3) maximum value of the aid referred to in paragraph 8.

2. The aid referred to in § 5. 2, paragraph 1, may be provided, if further conditions are met with respect to: 1) eligible expenditure referred to in paragraph 6;

2) the sustainability of the project.

3. The aid referred to in § 5. 2, paragraph 2, may be granted, when the condition is met the conformity of projects with eligible expenditure of the project beneficiary and the durability of the project.

4. the condition relating to the sustainability of the project is considered to be fulfilled 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.) [2] for a period of 5 years from the date of termination of the project and, in the case of mikroprzedsiębiorcy, a small or medium sized entrepreneur – over 3 years.



§ 10. [Application for funding of the project] 1. The Entrepreneur applicants for the aid referred to in § 5. 2 paragraph 1 shall submit an application for funding to the granting authority that the managing authority, intermediate body or implementing institution.

2. the request for funding of the project include, 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. An entrepreneur applying for the aid referred to in § 5. 2, paragraph 2, shall submit a request for assistance to the assisting party the beneficiary.

4. the request for assistance shall contain in particular: 1) the name of the trader;

2) title and place of performance of the project;

3) the objective of the implementation 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.

5. the application for funding of the project or to the request for assistance shall be accompanied by the entrepreneur: 1) [3] copies of the certificates or declarations referred to in article 1. 37 paragraph 2. 1 paragraph 1 and paragraph 2. 2, paragraph 1 and 2 of the Act of 30 April 2004 procedure in matters of State aid (OJ 2007, # 59, item 404, as amended), for the current tax year and the two previous fiscal years;

2) the information referred to in article 1. 37 paragraph 2. 1 paragraph 2 of the Act of 30 April 2004, proceedings in matters relating to state aid.



§ 11. [Body assessing the application for funding of the project] 1. the granting of the aid which is the managing authority, intermediate body or implementing institution shall conduct an assessment of the application for funding on the basis of: 1) the conditions referred to in § 9, paragraph 1. 1 and 2;

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.

2. following the assessment referred to in paragraph 1. 1, the aid referred to in § 5. 2 paragraph 1 may be granted to entrepreneurs in the form of non-repayable grants, intended to cover all or part of the eligible expenditure, on the basis of the agreement of the grant project.



§ 12. [Rules for the conduct of the assessment of the application for funding of the project] 1. Donor assistance to the beneficiary shall conduct an assessment of the request for assistance on the basis of the conditions referred to in § 9, paragraph 1. 1 and 3.

2. following the assessment referred to in paragraph 1. 1, the beneficiary may, in accordance with the provisions of the grant agreement project to give traders the aid referred to in § 5. 2, paragraph 2, on the basis of a contract for assistance.

3. Donor assistance the beneficiary shall inform the managing authority, intermediate body or implementing institution granting the aid referred to in § 5. 2 paragraph 2.



§ 13. [Documents presented to the trader before signing the contract] The trader before the signature of the specific grant agreement or project agreement for assistance, shows the entity assisting: 1) [4] copies of the certificates or declarations referred to in § 10 paragraph 1. 5 1, 2) information about the value and purpose of the State aid received in relation to the same eligible costs, necessary to assist in compliance with the conditions referred to in article 1. 5 Commission Regulation (EU) No 1407/2013 – concerning the period from the date of submission of the application for funding of the project or request for assistance.



§ 14. [The term assistance] Aid shall be granted until 31 December 2015.



§ 15. [The application of the provisions of the existing] 1. applications for funding submitted in the framework of the competitions started and not completed by the managing authority, intermediate body or implementing institution before the date of entry into force of this regulation, the provisions of the existing.


2. Requests for financial support of individual complex and unexamined by the managing authority, intermediate body or implementing institution before the date of entry into force of this regulation, the provisions of the existing.



§ 16. [Entry into force] The regulation shall enter into force on the date of the notice. 2) § 16.

1) Currently Government Department-regional development directs the Minister of infrastructure and development, on the basis of § 1 para. 2 paragraph 3 of the regulation President of the Council of Ministers of 22 September 2014 on the detailed scope of the Ministry of infrastructure and development (OJ. 1257).

2), this regulation was preceded by a regulation of the Minister of regional development of 2 October 2007 on de minimis aid in the framework of the regional operational programmes (Journal of laws No. 185, item 1317), which has lost power from the date of 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).

[1] § 3, paragraph 2 shall be added to be determined by § 1, paragraph 1 of the regulation of the Minister of infrastructure and development of 2 July 2015. amending the regulation on de minimis aid in the framework of the regional operational programmes (OJ, item 999). The change came into force 18 July 2015.

[2] Repealed by article. 153 paragraph 1. 1 regulation of the European Parliament and of the Council (EU) No 1303/2013 of 17 December 2013. laying down 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 and Fisheries Fund 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 1083/2006 (OJ. 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 Regulation repealing, in accordance with the correlation table set out in annex XIV to this regulation.

[3] § 10 paragraph 1. Article 5, point 1 as amended agreed by § 1 paragraph 2 of the regulation of the Minister of infrastructure and development of 2 July 2015. amending the regulation on de minimis aid in the framework of the regional operational programmes (OJ, item 999). The change came into force 18 July 2015.

[4] § 13 paragraph 1 in the version set by § 1, paragraph 3 of the regulation of the Minister of infrastructure and development of 2 July 2015. amending the regulation on de minimis aid in the framework of the regional operational programmes (OJ, item 999). The change came into force 18 July 2015.

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