Regulation (2015:211) Concerning State Aid To Regional Investment

Original Language Title: Förordning (2015:211) om statligt stöd till regionala investeringar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:211

Order



1 § to promote sustainable growth and increased

the competitiveness of enterprises and hence a sustainable regional

growth, subject to availability of funding support provided pursuant to

This regulation.



Support the design should contribute to current and future

generations can be offered healthy economic, social and

environmental conditions.



State aid



section 2 of the support may only be provided in accordance with



1. Commission Regulation (EC) No 651/2014 of 17 June

2014 declaring certain categories of aid

compatible with the common market under articles 107 and

108 of the Treaty, or



2. Commission Regulation (EC) No 1407/2013 of 18

December 2013 on the application of articles 107 and 108 of the

the Treaty on the functioning of the European Union on the basis of

less importance.



paragraph 3 of the terms and expressions used in this regulation were

the same meaning as in Commission regulations (EC) no

651/2014 and (EC) No 1407/2013.



4 section With support area A and area B under this

Regulation some communes or parts of communes as closer

evidenced by Regulation (1999:1382) on aid for certain areas

regional business support.



Support area A and area B should be considered assisted areas in

the meaning of article 2.27 of Commission

Regulation (EC) No 651/2014, in accordance with article 107(3)

(c) of the Treaty, the functioning of the European Union.



§ 5, With rural areas referred to in this regulation cover large

contiguous areas with sparse habitation and long distance

to major towns, jobs and services.



The County Board may, after giving the regional growth and

adjacent County county administrative boards an opportunity to be heard;

provide for the areas within a province which, under

This Regulation shall be considered to be sparsely populated.



section 6 With functional analysis region means a region where

people can live and work without having to do too

time-consuming journeys between home and work. The Division of the country

in functional analysis the regions are made by regional growth with

from the point of view of the extent of commuting over

municipal boundaries.



section 7 of the Act (2002:34) of co-operating units in counties are

provisions relating to a collaborative body has the task of

decide on the use of certain State funds for regional

growth work. In the law (2010:630) on regional

utvecklingsansvar in some County provides for a

county councils provided for in the law to decide on the use of

some funding for regional growth work.



In a County with a County Council referred to in the Act on regional

utvecklingsansvar in some counties, it is said about

the County Administrative Board in this regulation rather than apply the relevant

the County Council. Kalmar county, the County Administrative Board in

rather than apply samverkansorganet.



section 8 a prerequisite for other support than assistance under 20 and 21

sections are to the application for aid has been submitted before the investment

that aid is sought for starts.



Support for additional investments or increased expenditure

arisen since the investment was begun may only be made if

There are serious reasons.



§ 9 Support may not be greater than is necessary with regard

for other funding opportunities and other factors

to the measure that the aid should be implemented.



section 10 of the support referred to in paragraphs 13 to 19 may be granted only for operations

that could achieve profitability and sustainable

employment for the employees.



section 11 of the support referred to in paragraphs 13 to 19 may be granted only to those who

operating under market conditions.



section 12 in order to qualify for aid, salaries and other

benefits of employment of the beneficiary must be at least equivalent

with the provisions of applicable collective agreements.



Eligible measures



Regional investment aid



paragraph 13 of the regional investment aid may be granted in accordance with

Chapter I and articles 13 and 14 (1)-9 and 12-15 in

Commission Regulation (EU) No 651/2014, with the

limitations imposed by sections 14 to 16.



section 14 of the regional investment aid may be granted in assisted areas (A)

and (B).



In the assisted area A may regional investment aid be provided with

a maximum of 35% for small companies, with up to 25 percent of

medium-sized enterprises, and with no more than 15 percent for large

companies.



In the assisted area B, regional investment aid be provided with

a maximum of 30 per cent for small businesses, with a maximum of 20% for

medium-sized enterprises, and with a maximum of 10 per cent for large

companies.



15 § notwithstanding section 11, regional investment aid

for tourist activities also to municipalities and to the

such legal persons referred to in Chapter 3. 16 (a) and 18 (b) § §

Local Government Act (1991:900).



Support for a facility that is owned by a municipality or such

legal person referred to in the first subparagraph and who shall be rented

out or rented out, should be subject to conditions if the

or long leasehold size.



16 § regional investment aid may be provided for activities

is considered to be of significance to the business development in the region

or otherwise considered to be of particular importance to the regional

the development.



Service and auxiliary activities granted aid must be

focused on a bigger market than the regional.



In particular, investment aid to small and medium-sized enterprises



17 § Support may be provided in the form of investment aid to small and

medium-sized enterprises.



Investment aid to small and medium-sized enterprises by 17-19

sections may be submitted in accordance with Commission Regulation (EU) no

1407/2013.



section 18 of the investment aid to small and medium-sized enterprises,

be provided for investments in



1. buildings or facilities intended for

habitual use,



2. the machinery or other equipment, other than vehicles, and



3. boats that are necessary for the operation of the companies in

the archipelago.



section 19 of the investment aid to small and medium-sized enterprises,

left with no more than an amount equal to 50% of the

expenditure approved for the investment if the investment takes place

in sparsely populated areas. If the investment is made in the support area (A) that is not

represent rural areas, receive investment aid must be provided with a maximum of 40

percent of expenditure. If the investment is made in support area B

which are not rural areas, receive investment aid be provided with

a maximum of 35% of the expenditure. Non-assisted areas or

rural areas receive investment aid be provided with not more than 25% of

expenditure.



Support for start-ups



20 § support for start-up companies (start-up aid) may be provided in

accordance with chapter I and article 22 of Commission

Regulation (EC) No 651/2014, with the limitation that shows

of section 21.



section 21 of start-up aid may be granted only to small start-ups

that is, innovative companies. Start-up aid shall not be granted in the form

investment in equity.



Investment support for research infrastructures



section 22 of the investment support for research infrastructures may be provided

in accordance with chapter I and article 26 of the Commission's

Regulation (EC) No 651/2014.



Investment aid for energy efficiency measures



section 23 of the investment aid for energy efficiency measures,

provided in accordance with chapter I and article 38 of the

Commission Regulation (EU) No 651/2014.



Support to broadband infrastructure



24 § support to broadband infrastructure must be provided in accordance

with chapter I and article 52 of Commission Regulation (EU)

No 651/2014 subject to the restrictions imposed by section 25.



section 25 of the Aid may be granted only for the extension of such

links that make up the agent between the core network

and access networks. The connection should be able to support the next

generation access networks (NGA).



Support may be provided with not more than 50% of the eligible

expenditure.



Support for investment in local infrastructure



section 26 of the investment aid to local infrastructure may be provided

for the construction, renovation and restoration of premises for

rental in accordance with chapter I and article 56 of the

Commission Regulation (EU) No 651/2014 with the

limitations imposed by sections 27 to 30.



paragraph 27 of the investment aid may be provided in the support area A and in

assisted area b. Support may be provided with not more than 25% of the

approved total investment cost in assisted area A and with

not more than 20 per cent of the approved total investment cost

in the assisted area b.



section 28 of the investment aid may be granted for premises to a place with

a maximum of 10,000 residents about



1. the functional analysis region have satisfactory

conditions for the business to be conducted in

the premises, and



2. the analysis of the functional region is missing

prerequisites to otherwise gain access to the

suitable premises for the business.



In towns with more than 10,000 but fewer than 75 000 inhabitants,

investment aid should be provided on the functional analysis region

In addition, are exposed to particularly extensive structural

change of employment.



section 29 unless there are special reasons, the premises must not

be built larger than 2,000 square meters or be intended for

only one company.



The premises may be leased only to small and medium-sized enterprises

who is expected to miss the opportunity to build or

way to acquire access to the facilities of the resort.



section 30 of The rent charged for the use of premises,

correspond to the market price. If the venue is owned by a municipality or a

such a legal entity as referred to in Chapter 3. 16 (a) and 18 (b) § §

Local Government Act (1991:900), the decision to support combined with

conditions of rent's size.



Procedure in State aid cases



General provisions



section 31 questions on the support provided for in §§ 13-25 review by the County Administrative Board.



Tillväxtverket examines questions concerning regional investment aid


According to the 13-16 sections instead of the County Board of



1. the total investment cost that is the basis for the

the application exceeds 25 million SEK,



2. the measure is sought for support means that a business

moved from one county to another, or



3. the application for aid to additional investments or increased

expenditure incurred since the investment began.



Unless it is clearly unnecessary, the County Board shall give its opinion

before the growth Board decides under the second subparagraph.



32 § tillväxtverket hears questions about the support referred to in paragraphs 26 to 30.



33 § an application for assistance shall be made in writing and submitted to the

the authority examines the issue of support.



§ 34 A decision on aid may be subject to the conditions that are required

for the purpose of the aid to be met.



When support is provided to the research infrastructure in accordance with section 22

or broadband infrastructure in accordance with §§ 24 and 25 shall

the provincial Government ensure that a decision on aid in the applicable

cases, be subject to conditions of such a monitoring and

the refund referred to in article 26(7) respectively 52.7 in

Commission Regulation (EU) No 651/2014.



35 § aid under this Regulation may be paid all

because the beneficiary reports the implemented actions.



36 § aid may not be paid until the recipient has

provided in accordance with section 43 and satisfied the other conditions for

payout. If not all aid has lifted within six months

from the date it first has been lifted, the recipient can

be deprived of the right to the outstanding part of the aid.



37 § support pursuant to this Regulation may not be paid

to an undertaking which is subject to payment requirements because

by a decision of the European Commission which declares a

the aid illegal and incompatible with the internal market.



38 § anyone who has received an aid to the authority

decided to support the written account the experience of the

measures that aid granted for.



The authority shall monitor the activities that support has been provided

to and exercise supervision over the compliance with the conditions for the aid.

The granted assistance shall give the authority or the

authority appoints an opportunity to review the activities and on

request, provide additional information on its activities.



39 section On the application of the aid granted, the

Authority has decided on the aid grant amendment of

the conditions for the aid. Deemed the matter of amended terms have

essential to the achievement of the objective of

support or means change, a significant deterioration of

State creditors, should the issue be settled by

Regional growth.



section 40 of the authority that decided on a support shall act to

the aid granted in whole or in part will not be paid if the



1. the applicant for support by providing false

information or otherwise caused to aid

granted improperly or with excessive amounts,



2. the aid for any other reason have been granted incorrectly or

with the high amount and the recipient should have known this,

or



3. the conditions for the aid have not been respected.



Specific procedural rules for regional investment aid and

in particular, investment aid to small and medium-sized enterprises



41 § examination of an aid within the meaning of §§ 13-19, the

particular attention shall be paid to how the competition is on the

market where business will be conducted and how important it is

for society that the investment is implemented.



42 § a decision granting the aid as referred to in paragraphs 13 to 19

expires, unless the investment or the actions

as the aid has been initiated within one year from the date of

the decision was announced, or such shorter time as determined in

associated with the order for support, as well as completed and accounted

within three years from the said date. If there are special reasons,

the authority which has granted support allow for extension of the

such a time.



43 section for any recovery of the aid referred to in paragraphs 13 to 19, the

Security shall be provided as necessary, taking into account the amount of the aid,

the recipient's financial position and other circumstances.



In determining whether the security is required, the recipient's

total liabilities weighed in in the case of aid under this

Regulation and the Regulation (2015:210) on State aid for

that regional small and medium-sized enterprises.



Unless there are special reasons, should safety be taken out in the form

of full or limited guarantees which should be addressed by the

directly or indirectly, a substantial shareholder influence over

the company.



44 § länsstyrelsen may allow amendment of safety, even for

investment aid previously granted by

Regional growth. The change may be granted, if it is needed to

a new project by the County Administrative Board to grant investment aid

shall come to pass.



The issue has fundamental importance or change a

significant increase in the State's credit risk, should the issue be left

over to regional growth.



45 section If any substantial changes directly or indirectly

occurs in the ownership of the movement which support

According to sections 13 to 19 have been granted, the Authority decided

If the aid to reconsider the question of aid. The Agency can then



1. admit that the aid be taken over on unchanged terms of the new

the owner if he proves that the purpose of the aid does not seems

through the change, or



2. completely or partially recover the part of the aid can

recovered.



The repayment obligation



46 § a beneficiary is obliged to repay in ten years after

the aid has been paid on any of the grounds referred to in

40 section exists.



47 § the recipient of an aid within the meaning of §§ 13 to 19 is, in addition to what

as follows from paragraph 46, the repayment obligation for a period of five years from the

today all the aid paid out, if



1. the purpose of the aid is not achieved,



2. a substantial part of the business is closed or any

material change occurs directly or indirectly in

the ownership or disposal the right to movement or to

such assets in operations which are of significance for the

activities,



3. collateral significantly deteriorates, or



4. anything else occurs, causing the beneficiary to

with regard to the objective of the aid is clearly not longer

should retain it.



It is stated in the first paragraph 1 does not apply if the beneficiary

have made what could reasonably be claimed for that purpose should

is achieved.



the repayable under section 48 of the beneficiary of the 47 §

expire gradually over the five year period specified therein in so

way to the part of the support that may be required again annually

decreases of 30, 25, 20, 15 and 10 per cent of the

original amount of aid.



If there are special reasons, an authority which decided on

support set in support of the decision to the reduction shall take place on a different

way. After supporting the decision has been taken, a decision on the

that reduction shall be made other than as specified in

support the decision is notified only of regional growth.



According to § § 48 49 Reduction takes place annually, unless the

authority which decided on aid decides to decline a

particular year shall be refused.



Decision to refuse the reduction shall be made not later than three months

After the authority through accounting under section 53 or

otherwise become aware of circumstances that may

lead reduction shall be refused.



50 § if a beneficiary is required to repay pursuant to the

46 – 47 § §, the Authority decided on support

decide to fully or partially recover the aid. If the

There are special reasons, the authority may waive the requirement

refund in whole or in part.



section 51 if a beneficiary is not eligible for a

amount of aid to be repaid, and this rate is imposed according to

interest Act (1975:635). Interest requirement may be reduced if the

There are special reasons.



52 § if a beneficiary is obliged to refund or

liable to pay interest in accordance with this regulation, the

authority which decided on aid, decide to cash out

of support should be offset against other payment of aid under the

the regulation.



Information obligation for regional investment aid and

in particular, investment aid to small and medium-sized enterprises



section 53 Concerning investment aid in whole or in part may be required

again according to paragraphs 45 to 47, the aid has been granted



1. no later than six months after the accounting period

submit a written report for the operation for each

financial year or for the shorter period of time as determined in

a special case of the person who is granting the aid;



2. notify the authority that decided on the

the aid before deciding



a) transfer of a significant part of the company's

fixed assets, licenses, patents, or other similar

assets,



b) leverage significant extent of property may

covered by an enterprise mortgage,



c) closure of the business in whole or in part, or



d) other measures of equivalent importance,



3. notify the authority before a decision is taken on the

any action that results in a material change directly or

indirectly in the ownership of the undertaking which has been granted

support, and



4. in cases where the provincial government decided to support, provide

Regional growth and the County Administrative Board or any of them shall appoint

opportunity to review the activities and provide the information about

the operation being requested.



Of financial statements in accordance with the first paragraph 1 shall in particular

highlight how employment develop in the company

granted the aid.



section 54 Report under section 53 shall contain information


showing how the company developed and the conditions for regional

investment aid has been met. The data shall be reviewed and

certified by the company's auditor if one has been appointed. By

report shall state that the trade unions

at the company have been given the opportunity to comment on

the data.



Other provisions



section 55 in 22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court. Other decisions

than decisions under 36, 37, 40 and 52 sections should not, however,

subject to appeal.



section 56 a beneficiary is obliged, at the request of the

authority which decided on a support leave it basis

necessary for Sweden to be able to perform the obligations which the

comply with Commission regulations (EC) No 651/2014 and

(EC) No 1407/2013.



§ 57 an authority which decided on support to bring the

records referred to in



1. Article 12 of Commission Regulation (EC) No 651/2014;

and



2. Article 6(4) of Commission Regulation (EC) No 1407/2013.

In case of an application for aid under Commission Regulation (EU) no

1407/2013, the notifying authority shall provide the information to the

the company, which is clear from article 6(1) of that regulation.



58 § tillväxtverket, before courts, public authorities and in

Moreover, monitoring the State's right against the beneficiary under this

Regulation. The work will then adopt the composition proposal or on other

way waive the State's law.



The County Board shall inform the Agency as soon as any action

from the work under this section need to be taken.



59 § regional growth may provide for

the enforcement of this regulation.



Transitional provisions



2015:211



1. this Regulation shall enter into force on May 1, 2015.



2. The regulation repeals Ordinance (2007:61) if

regional investment aid. The repealed Regulation applies

still, however, for the support that has been decided according to the

the regulation.