Regulation (2008:1407) If State Aid For Sustainable Cities

Original Language Title: Förordning (2008:1407) om statligt stöd för hållbara städer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1407

1 § pursuant to this Regulation may, on the availability of funds, State

support is provided for investments in order to promote sustainable

urban development with a view to substantially reduce emissions of

greenhouse gases.



Regulation is notified pursuant to Chapter 8. 7 §

the Constitution Act. Regulation (2011:344).



Definitions



2 § With delegation under this regulation the delegation

for sustainable cities which the Government has set up, called

Delegation for sustainable cities. Regulation (2011:344).



section 3 with the action referred to in this regulation, a measure that promotes

sustainable urban development with a view to substantially reduce

greenhouse gas emissions by helping to create such

attractive and ecologically, socially and economically sustainable

urban environments



1. can be role models for an integrated sustainable urban planning

and applied environmental technology, and



2. facilitate the dissemination of knowledge of such urban areas within

Sweden and other countries.



section 4 of the companies referred to in this Regulation any natural or

legal entity carrying on business as consists in offering

goods and/or services on a given market, regardless of



1. the person's legal status,



2. If the activities are carried out in individual or public order,

or



3. If profit-making or not.



Measures that can be supported



5 § Support may only be provided for one or more measures for

individually or taken together, contribute to the promotion of sustainable

urban development with a view to substantially reduce emissions of

greenhouse gases. Aid may be granted for



1. measures relating to implementation of feasibility studies,

programming, cross-sectoral planning,

process development or advocacy efforts, and



2. measures relating to investment projects that have already received

assistance under this regulation, if the measures are of particular

innovative art or through any other means, in particular, contribute to

to create such urban areas as set out in section 3.

Regulation (2011:344).



section 6 of the aid must not be granted to a measure



1. subject to the obligation by law,



2. refers to ongoing maintenance,



3. should have been carried out in the context of the applicant's normal

activities,



4. has begun before a decision on aid under this regulation

has been taken or if the applicant is a company, before

an application for aid under this regulation has been filed,



5. is profitable in the short term, or



6. performed by someone who is not approved for F-tax or not

have a certificate or other document showing that the performer

in his home country through registration or otherwise

undergo the corresponding control in the case of payment of taxes

and fees.



Aid to undertakings in accordance with this Regulation shall be provided with the

limitations imposed by section 4 of the Commission's

Regulation (EC) No 800/2008 of 6 August 2008 by

which certain categories of aid declared compatible with the

common market within the meaning of articles 87 and 88 of the Treaty

(General block exemption regulation). Regulation (2011:1471).



section 7 A measure supported should be completed and have

the final reported



1. not later than 31 december 2014, if the decision on aid has been taken

before 1 January 2011, and



2. at the latest by 31 december 2016, if the decision on aid has been taken

After 1 January 2011. Regulation (2011:344).



Conditions that apply to the recipient of the aid



section 8 of the aid must not be granted to any person who is bankrupt or

is insolvent.



section 9 If, in the case of support to such recipients as referred to in

Ordinance (1988:764) on State aid to industry

There is a provision for derogation from this regulation, the

This provision shall apply.



Application for support



section 10 of the application for aid shall be submitted to the delegation at the

and on the way in which the Swedish authorities after consultation with

the Advisory Board determines. A copy of the application should be sent to

Building and planning.



The application must contain a general description of the

the measures for which aid is requested and a statement of how

measures satisfy the requirements of sections 5 to 7, including a calculation of

the measures reducing greenhouse gas emissions.



Applications must be made in writing and personally signed

by an authorized agent of the applicant. In application to the

certify that the information given in the application is correct.



section 11 of the Housing Board may provide for such applications

referred to in section 10.



Trial



section 12 of the application for aid must be examined by the delegation first

assesses whether the application should be the subject of an in-depth examination.



Before the delegation take a position on whether an application should be

the subject of an in-depth examination to obtain delegation

opinion of the Swedish authorities.



section 13 Of the delegation comes to the conclusion that the application should not be

the subject of an in-depth review, the delegation should reject

application.



section 14 Of the delegation comes to the conclusion that the application should be

the subject of an in-depth review, the delegation should inform the

the applicant accordingly and shall give the applicant an opportunity to get in with the

additional information required for the examination.



15 § the in-depth examination involves a tradeoff against other

competing applications. The delegation will be in the examination take

account of



1. the effects of the measures on energy use, at national

environmental quality objectives and on the social and economic sustainability,



2. the feasibility of measures to create good role models for a

integrated sustainable urban planning and applied environmental technology,



3. the Organization and other conditions for

to implement the measures and the dissemination of information and

experiences about them, and



4. other factors that have a bearing on the possibilities of

fulfill the purpose of the aid. Regulation (2011:344).



16 § on the applications for aid is expected to exceed the availability of

funds, to support in the first place is given to the measures which

and in a long term perspective is considered to have the best

conditions that in relation to the amount of the aid help

the largest reduction of emissions of greenhouse gases.



section 17 Of the delegation in the in-depth examination will arrive

that support should be provided, the delegation must calculate the

eligible cost, determine the amount of the aid and

determine the conditions that are necessary in view of the purpose of the aid.



Before the delegation decides to support should be provided to the delegation

seek the opinion of the Swedish authorities.



section 18 for the purpose of calculating the amount of the aid to the

eligible cost is calculated as



1. investment cost less



(a)) the cost required for the action to comply with

applicable regulations and building regulations, and



(b)) other public funding support that has been given for the same

action, and



2. the actual cost of feasibility studies, programming,

cross-sectoral planning, process development and

advocacy efforts for sustainable urban development.

Regulation (2011:344).



section 19 of the aid may not exceed 30% of the

eligible cost.



section 20 of the delegation will conclude its trials of applications for

support no later than 31 december 2012. Regulation (2011:344).



Decision on aid and payment of aid



section 21 Advisory Committee shall notify the results of their examination by

a decision. The decision shall specify the delegation the measures

the decision applies and, if the decision means that support should be given,

the conditions for the aid.



If the decision involves support for a company in the business world, will

delegation in its decision state that the aid complies with

the provisions of Commission Regulation (EC) No 800/2008.



The delegation shall send a copy of the decision to the Swedish authorities.



section 22 Of a decision pursuant to section 21 of the aid should be given to

Swedish authorities decide on the disbursement of aid.



Not more than 75 per cent of total aid shall be paid before

the action or actions have finally been reported under section 24.



If there is a lack of funds, the Swedish authorities do not decide that the aid shall

paid out.



section 23 of the aid on the condition that the delegation have entered in

its decision.



Reporting



24 § When a beneficiary has completed all the measures

covered by the aid beneficiary will submit a final report to the

delegation. The final report should contain



1. a financial review of how aid funds have been used, and



2. a statement of the implemented measures, how conditions have

been followed, how experience and knowledge has been spread, the

results obtained and how the results relate to

the objectives of the aid.



The financial accounting reliability should be certified

of the beneficiary's accountant.



paragraph 25 of the final report must be submitted to the delegation no later than six

months after all the measures covered by the support

has been completed.



section 26 Of the delegation so requests, to the beneficiary

provide the data necessary for the examination of

the final report.



Supervision



section 27 of the Delegation should keep informed about the measures

support has been given to and exercise supervision over the conditions of the

given support followed.



section 28 of the Beneficiary shall provide the delegation or the like

delegation appoints an opportunity to review the activities and on

request more information about the business.



section 29 Delegation shall keep a register of the support given.

The register shall contain the information required to

ensure that the conditions imposed by the Commission

Regulation (EC) No 800/2008 are fulfilled. The register shall be maintained

for at least ten years from the date on which the aid was granted.



Chargebacks



section 30 of the Delegation may decide to require

back support from a beneficiary, if



1. an action in essential respects deviates from the conditions

apply for assistance under section 23,



2. an action has not been completed or substantially changed

orientation, or



3. the aid has been granted on the grounds that the beneficiary has left

incorrect or incomplete information.



Building and planning role after 31 december 2010



section 31 after 31 december 2010, it is said about

delegation of 25 to 28 and 30 § § instead apply Swedish authorities.



Building and planning will be until 31 december 2012 keep


the delegation informed of issues related to reporting, supervision

and recovery under 25 to 28 and 30 sections and consult with

delegation on these issues. Regulation (2011:344).



Appeal



section 32 Delegation decisions under this Regulation shall not

be appealed.