Regulation (2008:761) On State Aid For Research And Development And Innovation In The Field Of Energy

Original Language Title: Förordning (2008:761) om statligt stöd till forskning och utveckling samt innovation inom energiområdet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:761

General provisions



1 § to promote research and development, including

demonstration projects, as well as innovation in the energy sector,

The Swedish Energy Agency, subject to availability of funds provide support

According to this regulation.



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

specified in the



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. Regulation (2014:1530).



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

the same meaning as in the Commission Regulation (EU) no

651/2014. Regulation (2014:1530).



section 4 of the aid under this Regulation may be provided as grants, loans

or repayable advances.

Regulation (2014:1530).



5 § A precondition for support is that a written application for

support submitted to the Agency before work

activity or project begins. Regulation (2014:1530).



section 6 of the aid may be granted only if the State's Energy Authority assesses

the result may be utilized.

Regulation (2014:1530).



Eligible measures



7 § Investment support for SMEs is provided in

accordance with chapter I and article 17 of the Commission's

Regulation (EC) No 651/2014. Regulation (2014:1530).



section 8 assistance to consultancy services for small and medium-sized enterprises

provided in accordance with chapter I and article 18 of the

Commission Regulation (EU) No 651/2014.

Regulation (2014:1530).



9 § Support for SME participation in fairs

provided in accordance with chapter I and article 19 of the

Commission Regulation (EU) No 651/2014.

Regulation (2014:1530).



10 § aid to start-up companies submitted in accordance with

Chapter I and article 22 of Commission Regulation (EU) no

651/2014. Regulation (2014:1530).



11 § support for search costs provided in accordance with chapter I

and article 24 of Commission Regulation (EC) No 651/2014.

Regulation (2014:1530).



section 12 of aid for research and development projects is provided in

accordance with chapter I and article 25 of the Commission's

Regulation (EC) No 651/2014. Regulation (2014:1530).



13 § support for investment in research infrastructure is left in

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

Regulation (EC) No 651/2014. Regulation (2014:1530).



section 14 of the aid for innovation clusters in accordance with

Chapter I and article 27 of Commission Regulation (EU) no

651/2014. Regulation (2014:1530).



15 § innovation support for SMEs is provided in

accordance with chapter I and article 28 of the Commission's

Regulation (EC) No 651/2014. Regulation (2014:1530).



16 § aid for process and organisational innovation

provided in accordance with chapter I and article 29 of the

Commission Regulation (EU) No 651/2014.

Regulation (2014:1530).



paragraph 17 of training provided in accordance with chapters I and

Article 31 of Commission Regulation (EC) No 651/2014.

Regulation (2014:1530).



Procedure in State aid cases



section 18 an application for assistance shall be made in writing and submitted to the

The Swedish Energy Agency. Regulation (2014:1530).



section 19 of an aid application shall contain



1. a description of the project,



2. indication of the project's location and its starting and

end date,



3. a technical description,



4. a list of project costs,



5. an indication of the type of support applied for,



6. information on whether the applicant has sought or received other

public aid or support from the European Union for the same

eligible costs, and



7. an indication whether the application refers to a company, and in

in such cases, information on company name, number of employees,

annual turnover and balance sheet total and if the

amount of funding needed for the project.



Where the application relates to aid falling within the scope of the Commission's

Regulation (EC) No 1407/2013, it shall also contain a

statement of all other de minimis aid

received during the previous two fiscal years and the

current tax year. Regulation (2014:1530).



section 20 A decision on aid may be subject to the conditions that are required

for the purpose of the aid to be met.

Regulation (2014:1530).



section 21 of The supported, to the State's energy authority,

under what authority closer to decide written account

the experience of the actions that led to the aid.



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.

Regulation (2015:77).



section 22 of the aid shall be paid not later than when the project has

completed.



An aid under this Regulation may not be paid to a

companies that are subject to recovery orders due

decision of the Commission declaring an aid

illegal and incompatible with the internal market.

Regulation (2014:1530).



section 23 of the State's energy authority may decide that the aid granted

in whole or in part shall not be paid if the



1. the applicant for support by providing incorrect information

or in any other way have caused that the aid granted

improperly or with excessive amounts,



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

for the high amount and the recipient should have known this, or



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

Regulation (2011:1488).



Refunds and chargebacks



23 a of the Recipient of assistance under this regulation are

repayment required if any of the grounds specified in section 23 of the

1-3. Regulation (2011:1488).



paragraph 23 (b) If a beneficiary is required to repay pursuant to the

23 a of the Swedish Energy Agency will decide to fully or

partial claim back the aid. If there are special reasons,

The Swedish Energy Agency remit the reimbursement fully

or in part. Regulation (2011:1488).



Specific provisions on loans



section 24 a loan must be paid back within a period which shall not be

longer than required by the purpose of the loan.

The interest rate shall be determined taking account of the possibilities for

other funding. The interest rate shall be the minimum of

Riksbanken reference rate determined from time to time according to

§ 9 the interest Act (1975:635).



section 25 of the repayment of a loan may partially or completely replaced

with royalty or other operating costs. The detailed conditions

determined taking into account the project's expected outcomes

and other circumstances.



section 26 of the beneficiary may be wholly or partly exonerated from its

the repayable if it obviously is missing

conditions to dispose of the results of such

way of repayment can take place in the foreseeable future without

the beneficiary will be insolvent. When it is determined in the

extent to which the exemption from the obligation to refund will be done

shall take account of the results achieved.



section 27 in respect of the aid granted in the form of loan terms in

other provisions on loans in the Ordinance (1988:764) if

State aid to industry.



Other provisions



section 28 in 22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court. Other decisions

than a decision under section 22 and section 23 shall not, however,

subject to appeal. Regulation (2014:1530).



section 29 of the Swedish Energy Agency may announce regulations

necessary for enforcement of this regulation.



section 30 of the State's energy authority shall keep the records referred to in



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

and



2. Article 6(4) of Commission Regulation (EU) 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 company

as is clear from article 6(1) of that regulation.

Regulation (2014:1530).



Transitional provisions



2008:761



1. This Regulation shall enter into force on 1 november 2008.



2. The regulation repeals Regulation (1998:222) if

State support for energy research, Regulation (1998:653) if

State aid for energy technology and Regulation (1998:654) if

energy technology grants.



3. The repealed regulations still apply, however, in the case

If support has been decided according to the regulations.



2011:1488



1. this Regulation shall enter into force on 1 January 2012.



2. Older regulations still apply to cases where

aid applications submitted before the entry into force.