FUNDING

Non-Reimbursable Financial Allocation: maximum 90% between 20,000 – 100,000 EURO
The maximum value of de minimis aid is between:
– 20,000 and 30,000 euros for micro-enterprises;
– 20,000 and 50,000 euros for small enterprises;
– 20,000 and 100,000 euros for medium-sized enterprises.

ELIGIBLE BENEFICIARIES

(1) Within this guide, eligible enterprises are SMEs established under Law no. 31/1990 republished concerning companies, Law no. 1/2005 republished concerning the organization and functioning of cooperatives, as well as Government Emergency Ordinance no. 6/2011 updated for stimulating the establishment and development of micro-enterprises by novice entrepreneurs in business, approved with modifications by Law no. 301/2011, with subsequent modifications and completions, which fall into the SME category and have their registered office in Romania.

(2) Eligible applicants meet cumulatively the following conditions:

a) are small, medium, or micro-enterprises (SMEs). The quality must exist both at the time of submitting the project application and at the time of signing the funding contract;

b) are established no later than December 31, 2021;

c) did not have their activity interrupted/suspended in 2022;

d) recorded operating profit (>0) in 2022;

e) undertake to bear from their own resources the co-financing provided under the conditions of this guide;

f) do not carry out activities involving erotic or obscene products, gambling activities, as well as those that contravene public order and/or legal provisions in force;

g) do not own web pages containing acts or materials with obscene content, as defined by Law 196/2003, republished with subsequent modifications and completions;

h) do not fall into the category of “enterprises in difficulty,” in 2022, as these are defined in this guide;

i) are not bankrupt, under judicial reorganization, dissolution, liquidation, or temporary suspension of activity or are not in similar situations following a procedure of the same nature provided for by national legislation or regulations;

j) are not subject to a recovery order following a decision declaring state aid as illegal and/or incompatible with the common market.

k) do not have any connection to the tobacco industry (production, distribution, processing, and trade);

l) do not provide cloning for reproductive purposes; do not carry out activities aimed at modifying the genetic heritage of humans that could make such hereditary changes, activities related to the creation of human embryos solely for research purposes or for obtaining stem cells, including by means of somatic cell nuclear transfer;

m) do not engage in gambling activities (production, construction, distribution, processing, trade, or related software);

n) do not engage in sex trafficking;

o) do not involve live animals for experimental and scientific purposes to the extent that compliance with the “European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes” cannot be guaranteed;

p) do not engage in real estate or financial development activities, such as the acquisition or trading of financial instruments.

q) do not engage in activities related to the exploitation/extraction, processing, distribution, storage, or burning of solid fossil fuels and oil, as well as investments related to gas extraction.

r) apply for de minimis aid whose value falls within the limits provided for in this guide.

s) undertake that at the end of the project implementation, they will achieve a minimum of 6 out of the digital intensity criteria, according to the Digital Economy and Society Index (DESI), respectively becoming an enterprise:
i. where more than 50% of employees use computers with internet access for business purposes (one different user for each employee using the computer);
ii. using an ERP software package to share information between different commercial functional areas;
iii. having a maximum download speed contracted for the fastest fixed-line internet connection of at least 30 Mb/s;
iv. where online sales accounted for more than 1% of total turnover and web sales to private consumers (B2C) more than 10% of web sales (reported for the project submission period);
v. using IoT;
vi. using at least one social network (enterprises using networks are considered those that have a user profile, account, or user license according to the requirements and type of social media; enterprises that pay exclusively for posting advertisements (banner ads) either directly to the owner of the social network (e.g., Facebook, Twitter, etc.) or indirectly through an agency that intermediates these types of activities or by paying to third-party sites for sponsored links are not considered enterprises using social networks);

t) demonstrate, by signing a declaration of honor, the compliance with all criteria and conditions set out in this guide and undertake not to modify the object of the investment for which the funding was requested. The declaration on their own responsibility regarding the accuracy and truthfulness of the data and documents submitted in support of the application for financing is not required in the case of the initial selection of projects for the invitation to submit a complete application.

Beneficiaries shall submit, with the last Transfer Request, an IT Technical Report prepared by an independent auditor/entity whose main field of activity is IT consultancy and which will certify that the project implementation has led to the fulfillment of the assumed DESI criteria.

If the IT Technical Report does not certify that at least 6 DESI criteria have been met following the digitization project implementation, the transfer request will not be accepted for payment.

The activity for which funding is requested must be related to a CAEN code authorized as of December 31, 2021. The project can be implemented in one or more implementation locations, located in the same development region. In the contracting stage, beneficiaries will provide evidence of the CAEN code authorization at the implementation location. An enterprise can submit only one project under this call.

(3) Within this call for projects, the following are not eligible:

a) aid granted to enterprises operating in the fisheries and aquaculture sectors, regulated by Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organization of the markets in fishery and aquaculture products;

b) aid granted to enterprises operating in the primary production of agricultural products;

c) aid granted to enterprises operating in the processing and marketing of agricultural products, in the following cases:
i. when the value of the aid is established based on the price or quantity of the products in question purchased from primary producers or introduced to the market by the enterprises concerned;
ii. when aid is conditioned on its partial or total transfer to primary producers;

d) aid intended for activities related to export to third countries or to Member States, respectively aid directly linked to the quantities exported, aid intended for the establishment and operation of a distribution network, or intended for other current expenses related to export activity;

e) aid conditioned by the preferential use of national products over imported ones;

f) aid granted for the purchase of road freight transport vehicles.

g) enterprises for which it is found that they carried out authorized activities in the last fiscal year (as evidenced by the financial statements for 2022) in the following CAEN classes:
5829 – Other software publishing activities;
6201 – Made-to-order software activities (client-oriented software);
6202 – IT consultancy activities;
6203 – Management activities (management and operation) of data processing means;
6209 – Other information technology service activities;
6311 – Data processing, web hosting, and related activities
6312 – Web portals activities;
6399 – Other information service activities n.e.c.

(4)a) An applicant conducting activities in both eligible and ineligible sectors/domains, as mentioned in paragraph (2), sub-paragraphs k) and p), and paragraph (3), except sub-paragraph g), may benefit from funding for eligible areas of activity, provided that the accounting documents attesting to the separation of these activities are submitted. The accounting documents regarding the separation of activities will be submitted both with the transfer requests and each year during the sustainability period, being transmitted together with the annual sustainability report. b) An applicant authorized with CAEN codes according to paragraph 3, sub-paragraph g), may benefit from funding for other eligible areas of activity under this call for projects, provided that they undertake, through a declaration, to submit a report/letter drawn up by an expert accountant – a CECCAR member or a CAFR financial auditor, certifying that the firm had no revenue from activities specific to the CAEN codes listed in paragraph (3), sub-paragraph g., according to the financial statements for 2022, at the project contracting stage. The CAEN codes mentioned in paragraph (3), sub-paragraph g) are considered ineligible CAEN codes for funding under this call for projects.

(5) Enterprises whose legal representative, at the time of submitting the project application and throughout the evaluation, selection, and contracting period, is in the following situations cannot benefit from funding under the conditions of this guide:

a) has been convicted by a final judgment for an offense related to their professional conduct, for fraud, corruption, participation in a criminal organization, or any other illegal activities detrimental to the financial interests of the European Union (verified based on the criminal record, at the project contracting stage);

b) is the subject of a conflict of interest, defined in accordance with current national/Union provisions, or is in a situation that has or may have the effect of compromising the objectivity and impartiality of the evaluation, selection, contracting, and implementation process of the project.

The eligibility criteria must be met by the applicant at the time of project submission, contracting, implementation, as well as during the financing contract period, as stipulated herein.

(6) The activities proposed under the projects fall under the de minimis aid. The maximum ceilings that the single enterprise can benefit from over a period of 3 consecutive years (the last 2 fiscal years before the date of granting the de minimis aid and the year of granting the de minimis aid) will not exceed the lei equivalent of 200,000 euros calculated at the InforEURO exchange rate in force on the date of signing the financing contract (100,000 euros in the case of single enterprises that carry out road freight transport for third parties or for a fee). In this regard, the following provisions shall apply:
– Compliance with the de minimis ceiling takes into account a single enterprise, as defined in this guide.
– If, by granting new de minimis aids, the maximum ceiling mentioned above would be exceeded, the enterprise may benefit from support in the form of de minimis aid, if requested, only for that fraction of the aid which, cumulated with the rest of the de minimis aids received previously, does not exceed this ceiling.
– If, by granting new de minimis aids, the maximum ceiling mentioned in paragraph (2) would be exceeded, the enterprise may benefit, if requested, from the provisions of this guide only for that fraction of the aid which, cumulated with the rest of the de minimis aids received previously, does not exceed this ceiling.

– When an enterprise engaged in road freight transport on behalf of third parties or for hire, to which the ceiling of 100,000 euros applies, also carries out other activities, the ceiling of 200,000 euros equivalent in lei may apply to that enterprise, provided that accounting documents demonstrating the separation of evidence of these activities or the distinction between costs are presented to prove that the amount benefiting the road freight transport activity does not exceed the lei equivalent of 100,000 euros.
– In the case of mergers, when determining whether a new de minimis aid granted to the resulting enterprise as a result of the merger process exceeds the relevant ceiling, all previous de minimis aids granted to all merging enterprises are taken into account. De minimis aids legally granted before the merger or acquisition remain legally granted.
– In the event that an enterprise is split into two or more separate enterprises, de minimis aids granted before the separation are allocated to the enterprise that benefited from them, namely, in principle, to the enterprise taking over the activities for which the de minimis aids were used. If such allocation is not possible, de minimis aids are allocated proportionally based on the book value of the share capital of the new enterprises as of the date on which the separation takes effect.
– The value of the aid will be expressed as a gross amount before the deduction of taxes or other fiscal obligations.
– From the perspective of monitoring the cumulation of de minimis aids that a single enterprise can benefit from over a period of 3 consecutive fiscal years (the last 2 fiscal years before the date of granting the de minimis aid and the current year of granting the de minimis aid), in accordance with the provisions of Regulation (EU) No 1407/2013, the moment of granting the de minimis aid is considered to be the date of signing the financing contract, regardless of the date on which the de minimis aids are paid to the respective enterprise.
– To comply with cumulation rules, the applicant for de minimis aid will submit a declaration of eligibility, the model of which is attached to the Applicant Guide, on their own responsibility, stating information regarding any other de minimis aid received by them and by the enterprises with which they jointly form a single enterprise, in the last 2 fiscal years prior to the project application submission date, as well as in the current fiscal year, until the project application submission. If the year of submitting the project application does not coincide with the year of granting the aid, the applicant for de minimis aid shall update this declaration before the de minimis aid is granted.
– De minimis aids granted under this guide may be cumulated with de minimis aids granted in accordance with Commission Regulation (EU) No 360/2012 up to the ceiling established in that regulation. De minimis aids granted under this guide may be cumulated with de minimis aids granted in accordance with other de minimis regulations up to the relevant ceiling provided for in Article 4(2) of this guide.
– De minimis aids granted under this guide shall not be cumulated with other state aids granted for the same eligible costs or with state aids granted for the same financing measure through venture capital if such cumulation would exceed the intensity or maximum value relevant to the aid conditions specified in each case by a regulation or an exemption decision adopted by the Commission.

(7) The total value allocated to this call is 347.50 million euros, equivalent in lei (exchange rate Inforeuro for November 2022: 1 euro = 4.9189 lei).

(8) In the event that, as a result of the evaluation and selection activity, the budget allocated to a development region is not contracted, the projects on the reserve list from regions that have exhausted the allocation provided for in paragraph (2) will be ranked and contracted based on the score obtained and within the limit of the allocated budget.

TYPES OF FINANCIAL AID

(1) The value of non-repayable financial assistance in euros is calculated in lei at the InforEuro exchange rate for the month prior to the month of elaboration of the guide and represents 90% of the total eligible expenses for all types of beneficiaries. The remaining 10% represents co-financing to be provided from own sources by the beneficiaries.

(2) Categories of eligible expenses under this call for projects are:

a) expenses for consultancy/analysis services to identify the technical solutions needed by the SME, provided that the technical solutions identified and described in the technical documentation prepared are the subject of investments within the project corresponding to the funding request;

b) expenses related to the acquisition of ICT hardware, equipment for automation and robotics integrated with digital solutions, and other devices and equipment, including for E-commerce, IoT (Internet of Things), blockchain technologies, etc., as well as installation, configuration, and commissioning expenses;

c) expenses related to the realization of the LAN/WiFi network;

d) expenses related to the acquisition and/or development and/or adaptation of software applications/licenses, expenses for the configuration and implementation of databases, migration and integration of various existing data structures, for financial management, supplier management, human resources, logistics, expenses for RPA (Robotic Process Automation), ERP (Enterprise Resource Planning), CRM (Customer Relationship Management), for IoT (Internet of Things) and AI (Artificial Intelligence) systems, blockchain technologies, E-commerce solutions, etc., and their integration into the BTP (Business Technology Platform), where applicable;

e) expenses related to the acquisition of a company presentation website;

f) expenses related to the acquisition/rental for the implementation and sustainability period of the project, of a new domain name;

g) expenses for archival records transition from analog/files/paper to indexable digital;

h) expenses related to the acquisition of Cloud Computing services for the implementation and sustainability period of the project;

i) expenses related to the acquisition of services for cybersecurity consolidation applicable to software/hosting/networks, for the implementation and sustainability period of the project;

j) expenses for IT technical audit services (preparation of IT technical report); Entities providing such services cannot have the status of suppliers for other eligible expenses within a project.

k) expenses for staff training to use ICT equipment (mandatory expense in a maximum percentage of 10% of the funded value). This category of expenses must also include IT courses for persons responsible for the management and control of the enterprise, courses aimed at helping them understand the role of digitalization in enterprise growth. Digital skills courses must be accredited by the National Authority for Qualifications and/or have national/international recognition, etc.

(3) Expenses provided for in paragraph (2), sub-paragraphs a) and j) cannot cumulatively exceed 10% of the eligible project value.

(4) The VAT value related to eligible expenses, in case they are non-deductible expenses, shall be borne from the state budget (Article 13, paragraph (x), letter b) of Government Emergency Ordinance no. 124/2021).

Expenses for mandatory information and publicity activities, arising exclusively from the Visual Identity Manual for operations financed under the Recovery and Resilience Mechanism defined in accordance with the provisions of Article 34 of Regulation (EU) No 2021/241 establishing the Recovery and Resilience Mechanism, as amended and supplemented, shall be borne by the beneficiary.

For the justification of the project budget, it is necessary to present a minimum of 2 price offers for each procurement of goods/services/works, documents that will be attached to the funding application.

(5) Ineligible expenses
– other expenses not falling within the category of eligible expenses described above;
– administrative costs;
– second-hand equipment;
– personnel expenses;
– financial expenses, namely insurance premiums, taxes, fees, installment and interest payments related to loans;
– in-kind contribution;
– depreciation;
– leasing acquisitions;
– land acquisitions.

Intangible assets are eligible for investment cost calculation if they meet the following conditions:
• They must be used exclusively within the SME;
• They must be depreciable;
• They must be included in the SME’s assets.

The acquisition of intangible fixed assets, to be used within the project, is based on:
• a contract for obtaining ownership rights (in the case of software applications, or patents),
• a license or assignment contract for obtaining a right to use.