Key Benefits:
LAW ON HOW TO MONITOR AND AUDIT GOVERNMENT SUPPORT
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Kanun No. 6015 |
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Accepted Date: 13/10/2010 |
Purpose and scope
ARTICLE 1- (1) The purpose of this Law is in accordance with the meanings of state support to Turkey and the European Union To monitor and control support for supporting and controlling support by setting policies and essences to be edited and reported to interested authorities.
(2) The provisions of this Law do not cover government support in the calcism and service sectors.
Tents
MADDE 2- (1) In the implementation of this Law,
a) Minister: Undersecretary of Treasury is the minister,
b) Government support: From the public to the extent to which it affects the trade between Turkey and the European Union Any measure that is sold in any way by means of public resources, leaving specific to the production of certain products or the production of certain products, or the threat of disrupting competition, making it a threat to disrupt or disrupt the competition,
c) Relevant party: Real or legal entities, institutions, services that are affected by the use of state support, or business installations,
ç) Government support not applicable to law: State of this Law not in accordance with the current state support for
d) Board: Control and Supervisory Board of Government Support,
e) Support: Government support that does not include a support program,
f) Undersecretary: Treasury Secretary,
g) Real or legal entities that produce, market, or sell goods in the market,
) Support program: Public support for support of state support in general and nature of nature edits,
h) Support: real or legal entities that receive government support,
) Support: institutions and installations that support public use of the use of public contact,
i) The misuse of support: The purpose of the state support area, the purpose and conditions set out in the support of the support It is not used as a service,
refers to.
Qualified state support
MADDE 3- (1)devletGovernment support counted as appropriate government support under this Code:
a) the social benefits of products or services that are provided to individual consumers qualified supports.
b) damages and damages for damage caused by Doðal disasters or incidents of potential It does not exceed the size of its size.
(2) State supports may be eligible for state support under this Law. scope and rules are determined by the Board:
a) that the level of investment by the European Union is very high, or greater than the rate of unemployment. In regions, support for economic development.
b) to ensure that the requirements for structural harmonials between Turkey and the European Union are met
c) trade conditions between Turkey and the European Union are negatively affected by the co-issues with the registration of not influencing, supporting the development of specific economic activities or specific regions.
is negatively affected by the trade between Turkey and the European Union in a way that would reverse the common problems Support for the protection of cultural heritage and local assets, with a record of not affecting them.
d) to ensure the reality of an important project serving Turkey and the European Union. for the system.
e) Support for addressing serious problems in the Turkish economy.
f) supports the set of the Turkish-European Partnership Council.
(3) Certain types of government support for a group exemption and a specific period in a specific period The principles and principles of the implementation of this Law as a basis for the implementation of the state support, which is given in an amount not to take place, and that does not significantly change the competition, is the appropriate state support under this Law, and the Agency does not need to report it. are determined by the effective regulations.
(4) General-qualified economic and fiscal measures in state support for all contact details Does not count.
(5) The state support cannot be granted when this Code is allowed.
Board
MADDE 4- (1) This provides Government Support for executing the duties provided with the law and other laws. The Board of Oversight and Supervisory Board is established.
(2) Board; Finance Minister, Ministry of Industry and Commerce, State Planning Development Undersecretary, Treasury Undersecretary, Undersecretary of Trade and Competition will be a member of the General Directorate of State Supports, including one member, representing these institutions, representing them. Executes the General Manager of Government Support for the establishment of the board. If the State Support General Manager's office is terminated, the Board will terminate and its member will terminate.
(3) The members of the board are appointed by decree. Candidates who will be appointed to the board member must graduate from at least four years of institution of higher education; they must have a minimum of ten years of public service, including at least five of them, on the issues covered by this Law.
(4) The members of the Board of the Board are four years apart, except for the Chairman of the Board. The expired member can be reasassigned.
(5) For any reason, end of the term of the term of the term of the term of the term of the term of the term of the The new member will be assigned to the new member to complete the remaining time instead of the member that is left.
(6) The board chooses one of the members and one of the members as the First Minister. The first of the first, the sick, domestic and patriotic duty, is the result of the dismissal and the office of the President.
(7) The board is preparing at least four of the members of the United States or other people in the state of the United States. It will be collected at least once a month. The board decisions are received with the absolute majority of the member count that has been folded into the meeting. A vote of the President is expected if the votes are to be resolved. The member of the member who has not been left unexcused by three meetings in a row is a member of his or her own.
(8) Board President and its members, board of directors of the Supreme Planning Board, and the board of directors of the public economic community For the president and its members, every year in the amount determined and in accordance with the rules and principles determined by the principles, the monthly peace fee is paid. The board membership mandate does not require that it be insured in the direction of social insurance or general health insurance, dated 31/5/2006 and 5510 numbered Social Insurances and Public Health Law. The payments will be made to the President and members of the Board, not included in the insurance premium. The tuition of the members of the board is determined at the level of the general manager of the undersecretary.
(9) Board members, themselves, people, and to third degree meetings about blood and loss. He can't stand and vote. Other members of the Council, except for the President, may not vote in decisions regarding state support prepared by their own organization.
(10) Board members and other officers who have obtained confidentiality information obtained within the framework of the execution of this Law if they are separated from their tasks, they may not be able to use them or the benefit of their own or the work of the people.
(11) The decisions are made by the Board, and the decisions are final.
(12) The secretary-service of the board is executed by the General Directorate of Government Support.
(13) Board expenses, The undersecretary's budget is paid for this purpose.
Task and entitlements of the board
MADDE 5- (1) executes the tasks in the following assembly:
a) the principles and principles of state support in accordance with the meanings of Turkey and the European Union to determine and to prepare legislation for this.
b) To examine, monitor, and control the suitability of government support.
c) The European Commission and the relevant authorities are required by providing the support of the application results statements.
(2) Supporting issuers and other interested parties may even have confidential information about any information that the Board needs. That's all. Information or documents that contain privacy are used only for the purpose of issues within the scope of this Law. On the basis of statutory mandates, the convention is complying with the privacy policies for third parties.
Board decisions
ARTICLE 6- (1) The board is not to comply with the decisions of this Law or to ensure the desired measures are not taken. , thedurumundatakes the necessary administrative and legal measures.
(2) The cases of the Convention against the implementation of this Law are the first degree court It's seen in the dance. The Council of the United States of the United States is in a hurry to decide the decision.
(3) Regulations govern the assembly's decisions under the scope of this Law, with regulations and guidelines. from the
Review and review of government support
MADDE 7- (1)mevzuatSupport drafts of legislation that are available as state support. First, the Enterprise is obligated to take appropriate view of the Board by reporting it to the Enterprise.
(2) The regulatory draft is submitted after the Board of Legislators are submitted. If additional information and documents are needed for predeeming, this information and documents are requested from the person who is supported. Information and documents requested by the board will not be available for review before they are completed.
(3) The board of states support government support in the draft legislation as of the completion of all deficiencies. the scope of this Law;
a) No state support,
b) Qualified state support,
c) If there are indications that there is no proper state support, review the review,
makes the decision. The board is notified to the decision.
(4) If review by third party (c) is started, the Board provides preliminary information about the state support. He will report his assessment of the actual and legal aspects of the subject, and to provide support for the competition, which will include the effects of the effects on the competition. The board may receive a review of the other concerned parties to review the review. These visions are also forwarded to the person who is supported by the confidential retention record of the person who is requested. Declares the support of the issuer, or any objections, if any, any objections to the matters that are communicated to him. The decision is made after the process of getting all information, documents and visions from the person who has support and other interested parties has been completed.
(5) As a result of the review, the Board will provide the support of the state support in the draft legislation. in the context of the
a) to the appropriate state support,
b) Do not have proper government support,
c) If certain arrangements are made by the issuing party, it may become appropriate state support or state Support, if not
), to be applied as a result of a FebruaryÞarta
can decide.
(6) The review of one of these decisions is ended and the decision is communicated to the person who is supporting it. The one who gives the support is obligated to make the decision in the board decision.
Withdraw the front of the strike
MADDE 8- (1) In the scope of article 7, the same article as the Board of the can withdraw before a decision is made. The withdrawal or review of the retracted shooting is an end to the action.
Decision-in-back
MADDE 9- (1) The board is based on article 7, a decision that is based on this decision. if the information is not correct, if you identify as a result of a resen or a threat or tip,alaraksupport returns the previous decision by taking the data back to the data and new A review will be started. It is obligated to provide the necessary information that gives the support to the Institution. If the support is unable to provide the information that the Board has requested, the decision will be based on the information available. The new decision is made under the provisions of the article 7 clause. It is obligated to fulfill this decision that gives the support.
Back-of-state support and support for the law
ARTICLE 10- (1) The board is a state that is not eligible for law or is based on the law It can also provide information on the support of the 7 nci, providing information on the support of the support. It is obligated to provide the necessary information that gives the support to the Institution.
(2) The board is in compliance with the law until a final decision is made, along with the decision to review. It can also decide if the support is stopped. The board is required to stop reporting the support of the law, which gives the support of its compliance to the support of the decision, and to stop the actions that are related to the statement.
(3) If the board decides that support is not appropriate, all support for the support is withdrawn. Request the measures to implement. It is obligated to fulfill the support that gives the support.
(4) The interest rate on the return of state support is back from the date that has been capitalied on the bracket In the amount of Turkish liras exported by the Undersecretary in the time period until the date of the receiving decision, the state domestic debt bonds are determined by the average rate of interest rates. The backing of the support is required at the latest in a month, with the support of the support.
(5) The issuing administration is authorized to make payments that involve the ability of support to pay in installments. However, those in the overall budget from public administration that give the support cannot make a payment after they have notified tax offices for the support of the support. The interest rate to be applied for each installment period in instalment payments is based on the interest rates of the state domestic debt denominated in Turkish liras, most recently exported by the Undersecretariat for each payment period. from the server If the rollback is not real, the amount of interest that will be calculated according to the outline of each bracket and the interest amounts to be calculated from the date of the withdrawal decision; if the interest rate is set for the support that will be withdrawn in the relevant legislation At this rate, a minimum payment period is given to apply the delay, determined according to Article 51 of the Law of 6183, dated 21/7/1953, and the 6183 count of Amme Credits. Support for non-payment due within the payment period is calculated by the last day of payment (excluding this date) according to the provisions of the Code 51 of the same Code for the time period from the last date of the Law No. 6183, according to the provisions of the Law. The non-payment of non-payment during this time period is 6183 by the provisions of the public administration under the general budget, according to the provisions of the Code 6183, the tax offices provided by the Ministry of Finance; if it was given by the institutions and the organizations, According to the provisions of the Law, which is understood to follow and collect according to the Law of 6183, the provisions of the laws are followed by the provisions of the general provisions of the Law and the provisions of the Law of Turkey dated 9/6/1932 and the provisions of the Law of Britain and the Bankruptcy Code of America. It is followed and collected by themselves.
(6) The implementation of this Article will be effective by the Minister of Finance, as well as the Ministry of Finance. is determined by the subject of the regulation.
Time in support of support
ARTICLE 11- (1) Government support that is not eligible for theKanunaCode is withdrawn, and support is provided. are subject to ten years of time from date. However, it will stop the Board from making a preliminary statement and time to review or stop the support. The maximum amount of time for the inspection that caused the time of the time period is below.
Government support abuse
MADDE 12- (1)edinilmesiOblifying state support for abuse of support by the area of support The Board will ask for the identification of the situation from the support, the recognition of all the necessary measures specified in the relevant legislation, and the establishment of information.
Lfx report
MADDE 13- (1) The support issuers apply for any state support they give in the year inform the Enterprise within three months of the end of the year, within the framework of the terms and principles set by the Board. The annual report, which is prepared within the framework of this information, is approved to the Board and forwarded to the relevant authorities by the end of June. This report is presented to the Turkish Grand National Assembly Plan and Budget Commission, where the Minister said the Plan and Budget Commission, as a result of the state support implemented in sectors that have entered or not entered into this report, at least once in the year information.
Ordinance
MADDE 14- (1) Usul and essentials for the implementation of this Law The terms of the construction process are set by the Board and are determined by the regulations that are made by the Minister.
MADDE 15- (1) dated 9/12/1994 and $4059, Undersecretary of Treasury and Trade Undersecretary and The "eight" clause of the "General Directions of Economic Research", which is in the 1st of the Law of the Law ", has been completed in nine" cities, including the General Directions of the General Directions of the State Supports ". It is currently being started.
MADDE 16- (1) The part of the Code 2 of 4059 is added to the item in the 2 nci.
" s) The duties of the Directorate General of Government Support; the secretary of the Board of Public Support and the Secretariat of the Supervisory Board. to conduct the services, to follow the relevant legislation and the relevant international legislation, to conduct research and work to determine the principles and principles of state support, to prepare legislation to be presented with the Enterprise, to monitor, detest and monitor government support To submit to the control of the board, including the preliminary detentions and scrutiny of the conclusions of the Board, the decision to halt the state support and the decision of the Board of the Council to conduct and follow the board's decisions on the Council's decision. to provide all kinds of information and documents with public institutions and organizations, and real and legal persons, to ensure that the government supports and provide information from the agencies that provide the state support, and to ensure that the report is used to execute the report preparation. To present with the Board, the annual report by the Board of the European Commission and the To communicate with international organizations and other countries to be deemed necessary, to communicate with international organizations and other countries, to give them a view on corporate and legal regulations, and the Law on the Oversight and Control of Government Support. To ensure real and legal persons and to ensure real and legal persons with the public institutions and organizations, as intended to monitor all kinds of information and documents that are applied to the government's support in the sectors that do not go into the scope of the return. "
MADDE 17- (1) The list of cadre (1) is listed 13/12/1983 and 190 In the Act of Law on General Staff and Procedure, the supplement (I) of the decree is added to the section of the Undersecretary of the Treasury.
Regulations take effect
INVALIDATE ARTICLE 1- (1) Regulations on the notification, monitoring, and control of state supports, It will be followed in nine months at the latest by the board.
Refreshing the members who were first assigned to the setup
MADDE 2- (1) To be the first to be appointed to the Board memberships, and to be determined by Kura, the Board Two of their members are at the end of the second year; two of them are renewed at the end of the third year. Assignments in the following periods are done as soon as the term of the task is ended.
Current state supports
INVALIDATE ARTICLE 3- (1) On the date of the effective entry of regulations under the provisional 1st The legislation, which is being implemented, is communicated to the Agency within three months of the effective date of the implementation of the regulations, from the support of the support to the support.
(2) Following the support of the data, the Board completes its preliminary deification within the sixty-day period. If the findings are not in line with the support of the support, the Board may ask the support to stop the state support process until a final decision is made, and the state will be able to see the state of the state. name="OLE_LINK6 ">support is notified to the master. If the board is determined to stop the state support process, it cannot expand the scope and duration of the state support it has been implementing, and will not be able to place new negotiations on the scope and duration of the state support from the date on which it is being applied to it. The issuer notifies the Enterprise within ten days of the status of the situation itself, as of the status of the situation. If requested by the issuer, the required public may be given an additional ten times by the Board.
(3) The board will receive the final decision of the support within thirty (30) of the information that is obtained in the He'll be able to give it to him on the day of the day. If the board decides that it does not support the law, it will ask the person to make the necessary things that are necessary.
(4) The temporary 1-item regulations are issued with the effective date of date. support for non-compliance with the law or by the Board, the provisions of which the regulations are made after the effective date of entry are the provisions of the 10th clause. It's back within. Without scope and duration, the regulations issued by the interim 1st item prior to the effective date of the current date, with support for the preceding date of this article, with support for the following. The rollback operation is not applied for support provided to the table for the darejade.
How to prepare the first-year report
INVALIDATE ARTICLE 4- (1) The first annual report is a notification, monitoring, and control of government support will be prepared within the principles and guidelines specified in the 13th Amendment for the year following the current entry of the regulations. The first annual report covers the application information for the period of year and year following the current and follow-up regulations.
Do you want to complete some of the time-to-restsayýlmasý
MADDE 5- (1) was edited before 31/12/2001 and the time of sleep is over and over. documents that were canceled prior to the date of effective date of this Law, All except for those who have been edited for realalized yachts under the Do-Israel-Delegate model and the Resource Use Support Priti are completed in the real way that any action is being made. In these documents, the export commitment is not sought. The Treasury will then make the necessary actions within the framework of the relevant legislation in case of the emergence or detection of a situation that would require the supervisor or the complete cancellation of a statement.
Effective
MADDE 18- (1) enters the release date of this Law.
Execution
MADDE 19- (1) The Council of Ministers executes the provisions of this Law.
(1) NUMBER OF NUMBERS
INSTITUTION: UNDERSECRETARY
TECHNOLOGY: CENTER
IHDAS EDDIE CADRES
|
SINIFI |
UNVANI |
DEGREE |
FREE DIAL VALUE |
GLUE DIAL VALUE |
TOTAL |
|
GIH |
Government Supports General Manager |
1 |
1 |
- |
1 |
|
GIH |
General Manager Helpful |
1 |
3 |
- |
3 |
|
GIH |
Circle Head |
1 |
9 |
- |
9 |
|
GIH |
Treasury Specialist |
1 |
12 |
- |
12 |
|
GIH |
Treasury Specialist |
2 |
5 |
- |
5 |
|
GIH |
Treasury Specialist |
3 |
5 |
- |
5 |
|
GIH |
Treasury Expert Help |
7 |
3 |
- |
3 |
|
GIH |
Treasury Specialist Help |
8 |
3 |
- |
3 |
| GIH |
Treasury Expert Help |
9 |
4 |
- |
4 |
|
|
TOTAL
|
|
45 |
|
45 |
