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Regulation (2000:284) On Aid To Commercial Service

Original Language Title: Förordning (2000:284) om stöd till kommersiell service

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General provisions



Purpose and general conditions for aid to commercial

service



1 § to promote commercial service shall, to the extent funds are available, the aid provided under this regulation.



Support for commercial service to help meet the goal of regional growth policies. Regulation (2011:1205).



section 2 of the aid must not be greater than is necessary with regard

for other funding opportunities and other factors

to the action that the aid is intended to be implemented.



section 3 of the Act (2002:34) of co-operating units in counties provides for a collaborative body's task to 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 Council referred to in the Act shall decide on the use of certain State funds for regional growth work.



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

utvecklingsansvar in some counties, the County Government instead apply the relevant County Council. Kalmar county, the County Government instead apply samverkansorganet.

Regulation (2011:1205).



Beneficiaries



section 4 Support may be provided to



1. the municipalities,



2. trader with outlets for groceries or propellant,



3. trader with outlets for trade goods, if there are special reasons, and



4. trader who otherwise sells and delivers

groceries in the area, if there are special reasons.

Regulation (2011:1205).



Areas for support



5 § Support may be provided in areas where the service is sparse.



The County Board may provide details relating to the areas in which support can be given. Regulation (2011:1205).



General conditions of support



section 6 of the Aid may be granted only if the municipality has planned

supply in such a way that the need for support can

be assessed.



section 7 of the aid should not unduly favor a particular trader.



8 § support can be provided to it in rural areas and rural areas shall

to maintain a supply of groceries and

fuels are satisfactory with regard to the geographical

and population conditions. Aid can in some cases

be submitted also to the trade service.



Support forms



§ 9/expires U: 2016-04-01/

Support to commercial services provided as

investment grants, investment loans, service grants, and

hemsändnings contribution. Regulation (2005:530).



§ 9/entry into force: 04/01/2016

Support to commercial services provided that investment grants, investment loans, service grants, hemsändnings contribution and in particular operating aid.

Förordnning (2016:126).



/Rubriken entry into force: 04/01/2016

State aid and the obligation of the registry



9 a §/entry into force: 04/01/2016

Investment grants, investment loans and service contributions must be submitted in accordance with Commission Regulation (EU) No 1407/2013 of 18 december 2013 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union on de minimis aid.



In particular operating aid may only be provided in accordance with Commission Regulation (EU) no 360/2012 of 25 april 2012 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union on de minimis aid granted to undertakings providing services of general economic interest. Förordnning (2016:126).



9 b/entry into force: 04/01/2016

The County Administrative Board, in decisions on aid to leave the beneficiary the tasks arising from article 6(1) of Commission Regulation (EC) No 1407/2013 and article 3(1) of Commission Regulation (EC) no 360/2012. Förordnning (2016:126).



9 c section/entry into force: 04/01/2016

The County Board shall keep the records referred to in article 6(4) of Commission Regulation (EC) No 1407/2013 and article 3(3) of Commission Regulation (EC) no 360/2012.

Förordnning (2016:126).



Purposes for which the investment grants and investment loan,

left



10 § aid to commercial services may be provided as

investment grants and investment loan for



1. acquisition or new construction, or rebuilding or major repair of premises required for operations and for improvement or equipment of such premises,



2. acquisition or reconstruction or major repair of

equipment needed for such sales and delivery as referred to in paragraph 4 of 4



3. pursue efforts for traders and workers in the grocery and fuel industry, and



4. costs for the preparation of action programmes aimed at improving the company's profitability. Regulation (2011:1205).



Investment grants



11 § investment grants may be provided with the amount equal to not more than 50% of the expenditure approved for investment referred to in section 10 1 – 3.



Investment grants may be provided with the amount corresponding to not more than 85% of approved expenditures for



1. investments referred to in paragraph 10 of the 4,



2. greater investment referred to in section 10 1 and relating to a sales outlet for groceries or propellant with a wide range of basic services or to complete a sales outlet for groceries or propellant with basic service features,



3. costs for the collocation of the sale referred to in paragraph 4 of the 2 and 3 among themselves or with other retail or service businesses,



4. investments undertaken to comply with the requirements imposed on business by rules of law or regulation, and



5. other investment referred to in section 10 1 – 3, if there are special reasons.



The growth Board may provide for such investments referred to in the second subparagraph of paragraph 4. Regulation (2011:1205).



section 12 if the investment grants and investment loan is paid for the same

investment, the total aid shall not exceed



1. two-thirds of the approved expenditure for investments

referred to in section 11, first subparagraph, or



2. an amount equal to 85 per cent of the approved

expenditure for investments referred to in paragraph 11.

Regulation (2005:530).



Investment loan



13 § aid to commercial service can be provided as

investment loan for



1. loans raised for the purposes set out in section 10, and



2. loans or other credit for acquisition of inventories.

Regulation (2005:530).



section 14 of the investment loan in connection with an investment may be

only if the borrowing is not expected to be made at the General

the credit market. Regulation (2005:530).



section 15 On an investment loan, interest shall be paid from the date of

payment to the borrower after the interest rate laid down

as a reference rate for Sweden of the European Communities '

Commission. If interest or installment not paid on

the due date, shall on the overdue debt a four

percentage points higher interest charged until the overdue

the loan amount has been paid.



The County Board may in exceptional cases authorise the borrower deferral

the interest payment for a total exceeding five years of loan

maturity. Accrued interest is added to the loan amount.

Regulation (2005:530).



16 § investment loans made in connection with a

investment shall be repaid within a certain time shall be adjusted

mainly after the useful lives of the assets as

must be purchased with loan funds. The loan shall be repaid in accordance with

a plan set out by the provincial government through equal

installments over a maximum period of 20 years.



The County Board may grant a deferment of instalments during

in total, exceeding five years of the term of the loan.

Regulation (2005:530).



Service grants



17 § aid to commercial service can be provided as service grants

the trader referred to in paragraph 4 of the 2-4.



Refunds only if there are special reasons and other

measures have been tried, but not proven to be effective.



section 18/expires U: 2016-04-01/

Contributions may be left with no more than 250 000 per year to the same recipient. Contributions relating to grocery stores with an extensive range of basic service functions, or that of the service deemed important for strategic reasons, may be extended to a maximum of 300 000 SEK per year. The issue of contribution can be made should be examined separately for each year.



Grants may be given for a maximum of three years. If there are serious reasons, refunds over a longer period of time.

Regulation (2011:1205).



section 18/entry into force: 04/01/2016

Contributions may be left with no more than 250 000 per year to the same recipient. Contributions relating to grocery stores with an extensive range of basic service functions, or that of the service deemed important for strategic reasons, may be extended to a maximum of 300 000 SEK per year. The question of whether the entry should be examined separately for each year.



Grants may be given for a maximum of three years. If there are serious reasons, refunds over a longer period of time.



If in particular operating aid pursuant to section 21A of the operating aid shall be deducted from the maximum amount that may be provided under the first subparagraph. Förordnning (2016:126).



Hemsändnings contributions



§ 19/expires U: 2016-04-01/

Support to commercial service can be provided as

hemsändnings grants to municipalities that fully or partially pays for

repatriation of everyday goods to households.



Contributions may only be made if the consignment is carried out on a

effectively and without unnecessary costs.



Hemsändnings contributions can also be made for the municipality's direct


costs organisation of special purchase assistance to a

nearby shop for those households with the greatest distance or

lacking opportunities to otherwise make their way to the store.



19 section/entry into force: 04/01/2016

Support to commercial service can be provided as hemsändnings grants to municipalities to pay for the repatriation of the municipality of groceries to those households that have the greatest distance to, or lack the ability to otherwise make their way to the store.



Contributions may only be made if the consignment is carried out effectively and without unnecessary costs.



Contribution referred to in the first subparagraph shall be provided for the municipality's costs either for the repatriation of the consumer goods or for the organisation of special purchase trips to a nearby shop.

Förordnning (2016:126).



20 §/expires U: 2016-04-01/

Hemsändnings allowance under section 19 of the first paragraph may be left with an amount equal to not more than 50 per cent of the net expense of repatriation. The premium may not exceed 100 kroons per household and home broadcast opportunity.



Hemsändnings allowance under section 19 of the third subparagraph may be left with an amount equal to not more than 50 per cent of the direct costs of purchase. The premium may not exceed 100 kroons per household and the purchase date.



Contribution is payable only if the net expense or the direct costs are at least a half price base amounts according to Chapter 2. 6 and 7 of the social code.

Regulation (2011:1205).



20 section/entry into force: 04/01/2016

Hemsändnings allowance under section 19 may be submitted by an amount equal to not more than 50 per cent of the net expense of home consignment or purchase the tours. The premium may not exceed 100 kroons per household and home broadcast opportunity.



Contribution is payable only if the net expense or the direct costs are at least a half price base amounts according to Chapter 2. 6 and 7 of the social code.

Förordnning (2016:126).



section 21 of the allowance is paid annually in arrears.



/Rubriken entry into force: 04/01/2016

In particular operating aid in vulnerable and disadvantaged areas



section 21A/entry into force: 04/01/2016

In particular operating aid may be provided to an outlet that has a diverse selection of groceries and that 1. is located more than 15 km away from another retail outlet that has a diverse selection of groceries, or in an area with no fixed land connection, 2. has fixed premises are open so customers can get access to daily consumer goods at åretruntbasis, and



3. have a net sales of daily consumer goods, which amounted to no more than 11 million according to the last year's annual report, annual accounts, or other similar surface.



If there are special reasons for it, in particular operating aid provided to a retail outlet despite not meeting the conditions referred to in the first subparagraph 1 and 3.

Förordnning (2016:126).



21 b/entry into force: 04/01/2016

In assessing applications for particular operating aid under section 21A, outlets that are important also for the availability of other basic commercial services than the sale of daily consumer goods is given priority. Förordnning (2016:126).



section 21 c/entry into force: 04/01/2016

In particular operating aid under section 21A may be provided with a maximum of 300 000 per year and place of sale.



The issue of support should be assessed for each year.

Förordnning (2016:126).



§ 21 d/entry into force: 04/01/2016

The beneficiary shall, as a condition of support, undertake to perform a service of general economic interest.



The County Board shall aid the decision set out the precise terms of the service. These shall include at least the range of daily consumer goods to be provided and during the time that the sale should be kept open. Förordnning (2016:126).



The procedure in respect of aid for commercial service



Application



section 22/expires U: 2016-04-01/

Application for support to the commercial service is submitted to and examined by the County Administrative Board in the county where the business is to be conducted.



Tillväxtverket is trying, however, questions about the support of a municipality in one of the counties listed in the law (2010:630) on regional utvecklingsansvar in certain counties or in Kalmar county is the beneficiary or have applied for assistance. The growth Board should in such cases be responsible for follow-up and supervision and otherwise represent the State instead of the county or

samverkansorganet.



The County Council or samverkansorganet shall, if it is in favour of an application referred to in the second subparagraph, with own opinion leave application to the growth Board for review. The growth Board may grant aid only if the County Council or samverkansorganet have approved the application. Regulation (2011:1205).



section 22/entry into force: 04/01/2016

Application for support to the commercial service is submitted to and examined by the County Administrative Board in the county where the business is to be conducted. Förordnning (2016:126).



section 23 of the aid must not be submitted to an operation without special

consent has begun before the question of support has been decided. A

such consent may only be made before the action has

started. The consent may be given only if there are special

reasons. The consent may be given by any person who shall decide the matter on the

aid.



23 a section/entry into force: 04/01/2016

An application for investment grants, investment loans, service grants, and in particular operating aid may only be granted to a company that provided a written statement about any other de minimis aid received during the previous two fiscal years and the current fiscal year. Förordnning (2016:126).



Security of investment grants and investment loan



section 24 For investment grants and investment loan shall be

the security that is needed with regard to the amount of the aid,

the recipient's financial position and the need for reasonable financial

freedom of movement, as well as to other circumstances.

Regulation (2005:530).



Supervision and follow up



paragraph 25 of the decision on aid shall, in addition to the specific conditions

apply for assistance, contain detailed rules and conditions

may be needed for oversight and monitoring how the aid is used.



section 26 of the County Board shall be responsible for the monitoring of aid case

and supervise that the aid be used for the intended

purpose and in compliance with the regulations and

terms and conditions that apply to the support.



section 27 of the follow-up of aid cases, there must be procedures

as is custom for the assistance and allowing a flexible

the application on the basis of the amount of the aid.



section 28 in the follow-up of cases, the County Board shall consult with

enforcement authority and other relevant bodies, if not time

or query's art gives rise to another.



section 29 if there is a real risk that the purpose of the aid

will not be achieved, or if the risk increases significantly

State that lenders compared to conditions at the time

for decision support, County Administrative Board shall take the measures

be justified by the purposes of the aid, and the State's interests as

creditors.



section 30 of the County Board may adopt composition proposal or otherwise

waive the State's claims because of investment grants and

investment loan.



If the beneficiary has granted State aid by anyone other than

in doing so, the provincial Government shall consult with the County Administrative Board

authority that has granted the aid. Regulation (2005:530).



31 § länsstyrelsen, before courts and other authorities

monitor the State of the beneficiary.



32 § Before the County Board decides on the support to commercial service, the authority shall hear the interested municipalities. The County Board shall also hear relevant local organisations to the extent necessary. If the case relates to a matter of fundamental importance,

the County Administrative Board hear the growth Board. Regulation (2011:1205).



/Rubriken entry into force: 04/01/2016

Payment of the aid



32 section/entry into force: 04/01/2016

The County Board shall decide that the aid granted in whole or in part shall be paid at a ratio set out in 33 § 1, 2, 4, 5, 6 or 7. Förordnning (2016:126).



Recovery and termination



33 § an investment loan may be terminated for immediate payment

If



1. It concludes that the decision has been based on inaccurate or

misleading information from the beneficiary,



2. the beneficiary without consent, use the support for any

purpose other than that authorised for,



3. the beneficiary fails to pay the prescribed rate or

amortization,



4. collateral significantly deteriorate,



5. There is a substantial change in the ownership or of

the management of the activities for which the aid has been granted,



6. the beneficiary otherwise violates the terms or

regulations that apply for aid, or



7. anything else occurs, giving rise to the beneficiary with

into account the purpose of the aid is clearly not longer should receive

retain it.



Decision on the investment loan shall contain the following information:

the provisions of the first subparagraph. Regulation (2005:530).



34 §/expires U: 2016-04-01/

Hemsändnings contribution and service contributions may be required again at

conditions specified in § 33 (1), (2), 4-7.



Such contributions shall contain the following information:

the provisions of the first subparagraph.



34 section/entry into force: 04/01/2016

Hemsändnings contribution, service grants, and in particular operating aid may be required again in the circumstances specified in § 33 1, 2, 4, 5, 6 and 7.



Such submissions shall contain the following information:


the provisions of the first subparagraph. Förordnning (2016:126).



35 § Investment allowance may be required by the County Administrative Board is again completely

or partly within ten years from the day the refund is paid in full,

If



1. the beneficiary through incorrect or incomplete

data has led to the refund was granted, or



2. the premium without permission has been used for any other purpose

than that intended.



36 § an investment grant or a portion of it may by

the County Administrative Board be required again for a period of five years from the date

the amount has been determined definitively, if



1. the purpose of the grant is not reached; However, this does not apply if

the beneficiary has made what could reasonably be claimed for

to the purpose to be achieved,



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

material change occurs directly or indirectly in

ownership of the movement or in such assets in

the movement which is of importance to the business,



3. the beneficiary, in any other case, in breach of the terms and conditions

or regulations that apply to the entry,



4. collateral significantly deteriorates, or



5. anything else occurs, giving rise to the beneficiary

with respect to the objectives of the grant are obviously no longer

should retain it.



37 § the chance for recovery in accordance with section 36 expires gradually

during the five-year period as part of

investment allowance which can be claimed back each year decreases with

30, 25, 20, 15 and 10% of the original

the amount of the refund. The County Board may grant is awarded

at the same time decide that reduction shall be otherwise if

There is a particular reason for it.



According to § § 38 37 Reduction of part of the premium amount

may be required again takes place annually, unless the County Board decides

that reduction in a given year shall be refused. If the reduction is refused,

can part of the premium amount that still may be required again

completely or partially converted into a loan with conditions specified

in the decision.



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

After the County Board becomes aware of circumstances which

can lead to reduction shall be refused.



39 § Occurs directly or indirectly any substantial change

in the ownership of the business for which the investment allowance

granted, the County Administrative Board to reconsider the grant issue.

The County Administrative Board can



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

the owner, if he proves that the purpose of the grant is not strict interpretation

the amendment,



2. partially or completely transform the part of the grant at

the timing of the change may be recovered pursuant to §§ 36-38 to

a loan with the terms specified in the order, or



3. completely or partially recover the portion of the premium that can

recovered.



40 of the decision on the investment allowance shall contain the following information:

If the provisions of sections 35-39.



Appeal



41 §/expires U: 2016-04-01/

The County Board's decision pursuant to this Regulation shall not

subject to appeal.



41 section/entry into force: 04/01/2016

In 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other than the County Administrative Board's decision pursuant to section 32 (a) not to pay out the aid may, however, not subject to appeal. Förordnning (2016:126).



Additional regulations



42 § regional growth may indicate the regulations needed

the enforcement of this regulation. Regulation (2009:156).



Transitional provisions



2000:284



1. This Regulation shall enter into force on 1 June 2000.



2. The repealed Ordinance (1994:577) on rural support and

support for commercial service, however, is still too

applications submitted to the County Administrative Board or the

regional självstyrelseorganet before 1 June 2000.