The maximum value of the aid (non-reimbursable public financing) is the RON equivalent of the amount of 1,000,000 euros, at the inforeuro exchange rate in September 2021.
Eligible applicants / beneficiaries applying for funding and implementing the project in this competition are SMEs that meet the eligibility criteria set out in the State aid scheme. Support for SMEs to overcome the economic crisis caused by the COVID-19 pandemic – productive investments.
The fulfillment of the eligibility conditions will be proven by specific documents, which are submitted in the electronic platform MySMIS, until the date mentioned in the call for projects.
At the same time, the applicant must prove the fulfillment of the following:
a. The applicant is not in a state of bankruptcy or liquidation, his business is not managed
by a syndic judge or his commercial activities are not suspended or are not the subject of an arrangement with creditors or is not in a situation similar to the previous ones, regulated by law;
b. The legal representative of the applicant has not been convicted in the last 3 years, by a final decision of a court, for a deed that violated professional ethics or for committing a mistake in professional matters (it is verified on the basis of criminal record, in the stage project contracting);
c. The legal representative of the applicant has not been the subject of a trial for fraud, corruption, involvement in criminal organizations or other illegal activities, to the detriment of the financial interests of the European Union;
d. The applicant is not the subject of a recovery order not executed following a previous decision of the Competition Council or the Commission, by which State aid was declared illegal and incompatible with the internal market;
e. The applicant is not an enterprise in difficulty in 2019, in accordance with the provisions of art. 2, point 18 of Regulation (EU) no. 651/2014;
f. The applicant has not received financial support from public funds, including EU funds, in the last 5 years, or does not carry out projects currently funded, in part or in full, from other public sources, for the same activities.
In order for a project to be declared eligible for funding, it must meet the following conditions:
a) The objectives of the project proposal are in line with the specific objective of the competition, as described in this call for projects;
b) The activities and expenditures proposed for funding under the project have not been funded and are not currently funded from other public funds. It is verified in the declaration of eligibility on own responsibility regarding the avoidance of double financing;
c) The project does not request funding for the direct support of export activities to third countries or other EU Member States (ie support directly related to the quantities exported, the establishment and operation of a distribution network or other current costs).
related to export activity);
d) The project is not used preferentially, in the activities that receive funding, domestic products compared to imported products;
e) The amount / value of the non-reimbursable financing requested to fall within the mentioned limits in this call for projects;
f) The implementation period of the project to fall within the limits mentioned in the guide.
g) The project will ensure the standards of security and confidentiality of information, by processing of personal data according to Regulation (EU) no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive no. 95/46 / EC (General Data Protection Regulation).
h) Funding authorities shall ensure that the project respects the principle of equal opportunities and that it will prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Accessibility for people with disabilities will also be taken into account.
Field of application
1. The following sectors / types of aid shall not be supported under the measures described in this State aid scheme:
– activities related to the manufacture of alcohol, tobacco, weapons products;
– gambling and betting activities.
2. Aid granted to undertakings active in the processing and marketing of agricultural products shall be conditional on it not being transmitted in part or in full to primary producers and shall not be fixed on the basis of the price or quantity of products purchased from primary producers or placed on the market by those undertakings. .
3. Where an undertaking is active in more than one sector to which different maximum amounts apply, the beneficiaries shall ensure by appropriate means, such as the separation of accounts, for each of these activities that the relevant ceiling is complied with and that the maximum possible amount is not exceeded in total.
(4) The derogations from point 23 letter (a) from the Commission Communication – Temporary framework for State aid measures to support the economy in the context of the current COVID-19 epidemic will apply and the gross amount of aid before deduction of tax or other charges will not exceed EUR 270,000 for the undertaking active in the fisheries and aquaculture sector or EUR 225,000 for the undertaking active in the primary production of agricultural products.
(5) The aid within the state aid system will not be cumulated with the aid provided in Regulation no. 702/2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas as compatible with the internal market, pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union or Regulation no. 1,388/2014 declaring certain categories of aid granted to enterprises operating in the production, processing and marketing of products obtained from fisheries and aquaculture.
(6) The beneficiaries are the Romanian SMEs active in the eligible sectors mentioned below:
• Class C – Manufacturing (without codes 11 manufacture of beverages, 12 manufacture tobacco and 254 manufacture of armaments and ammunition);
• Class F – Constructions;
• Class G – Wholesale and retail trade; Repair of motor vehicles and motorcycles;
• Class H – Transport and storage;
• Class I – Hotels and restaurants;
• Class M – Professional, scientific and technical activities;
• Class N – Administrative service activities and support service activities;
• Class P – Education;
• Class Q – Health and social assistance;
• Class R – Performing, cultural and recreational activities;
• Class S – Other service activities.
TYPES OF FINANCIAL AID
The maximum value of the aid (non-reimbursable public financing) is the RON equivalent of the amount of 1,000,000 euros, at the inforeuro exchange rate in September 2021.
The total allocated budget is the equivalent in lei of the amount of 358,384,803.64 euros, of which 300,000,000.00 euros ERDF and 58,384,803.64 euros funds from the state budget, at the inforeuro exchange rate in September 2021.
1. The following types of expenditure are eligible under this call for projects:
a) Expenses for landscaping
– Landscaping (12/38) – includes the expenses incurred at the beginning of the works for site preparation and which consist of demolition, dismantling, decommissioning, deforestation, resulting material discharges, diversion of utility networks from the site, vertical systematization, drainage, depletion ( excluding those related to the realization of the works for the basic investment), diversions of watercourses.
– Arrangements for environmental protection and restoration (12/39) – includes expenses incurred for environmental protection works and actions, including the restoration of the natural environment after completion of works, such as planting trees, redevelopment of green spaces.
b) Expenditure on providing the necessary utilities for the objective (13/40)
It includes the expenses related to the insurance with the utilities necessary for the operation of the investment objective, such as: water supply, sewerage, natural gas supply, thermal agent, electricity, telecommunications that are executed on the legally delimited location, as belonging to the investment objective. , as well as the expenses related to the connection to the utility networks.
c) Expenses for design and technical assistance:
– Field studies (14/42) – includes expenses for geotechnical, geological, hydrological, hydrogeotechnical, photogrammetric, topographical and stability studies of the land on which the investment objective is located, report on the environmental impact, if any, studies required depending on the specifics of the investment.
– Obtaining opinions, agreements, authorizations (14/43) – includes expenses for:
• obtaining / extending the validity of the urbanism certificate;
• obtaining / extending the validity of the building / demolition permit;
• obtaining approvals and agreements for connections and connections to public water networks, sewerage, gas, district heating, electricity, telephony, etc .;
• obtaining the certificate of street nomenclature and address;
• preparation of documentation, obtaining the provisional cadastral number and registration of the land in the land book;
• obtaining the environmental agreement;
• obtaining the approval of P .S.I .;
• other approvals, agreements and authorizations.
• purchase of electronic signature
– Commissions, quotas and fees (17/59) – include: the quota related to the State Inspectorate for Constructions for quality control of construction works, the quota for state control in land use planning, urbanism and for the authorization of construction works, the quota related to the Social House of Builders, fees for agreements, permits and building / demolition permit.
– Design and engineering (14/44) – includes the expenses for the elaboration of the necessary documentations for obtaining the agreements, approvals and authorizations related to the investment objective location studies / expertise, traffic studies, etc.).
– Consultancy (14/45) – includes expenses incurred, as appropriate, for:
• payment for consulting services when preparing the funding application and all studies
necessary for its preparation (including the business plan);
• payment for consulting services in the field of project management (14/49);
• payment of legal consultancy / assistance services for the purpose of elaborating the documentation of
award and / or application of procedures for the award of public contracts, if
is the case.
Consultancy costs for project preparation and implementation are within the limit of 10% of the eligible value of the project.
– Technical assistance – includes expenses incurred, as appropriate, for:
• technical assistance from the designer during the execution period of the works (in case it is not included in the project pricing) (14/50);
• payment of site supervisors, appointed by the contracting authority, authorized according to the legal provisions for verifying the execution of construction and installation works (14/51).
d) Expenditures for the basic investment
– Constructions and installations (15/53) – includes expenses related to the construction / extension activities of the production / service facilities of the enterprise, respectively the expenses related to the execution of all objects included in the investment objective: buildings, special constructions, installations related to constructions , such as electrical and sanitary installations, indoor natural gas supply installations, heating, ventilation, air conditioning, PSI, telecommunications and other types of installations imposed by the destination of the objective and expenses with the acquisition of buildings already built (3/6).
– Endowments (machinery, technological and functional equipment with and without assembly, endowments) (15/54) - includes the expenses for the acquisition of technological machinery and equipment, as well as those included in the functional installations, including the expenses related to the assembly of technological equipment and machinery included in the functional installations, including the related networks necessary for their operation:
• Expenses with the acquisition of technological equipment, machinery, work installations, furniture, computer equipment, office equipment, of the nature of fixed assets, respectively which are found in Subgroup 2.1. “Technological equipment (machines, machinery and work installations)”, Subgroup 2.2. “Measuring, checking and regulating apparatus and installations”, Class 2.3.6. “Equipment and installations for transporting and lifting” or Group 3 “Furniture, office equipment, systems for the protection of human and material values and other tangible assets” of Government Decision no. 2139/2004 for the approval of the Catalog on the classification and normal operating times of fixed assets, with subsequent amendments and completions and falling within the value limit related to fixed assets, established by the legal regulations in force at the date of submission of the application.
• Expenditure on the purchase of electric or hybrid means of transport (cars, buses, minibuses, elevators, loaders, vans and special purpose vehicles, except for all G-symbol vehicles according to MLPTL Order No. 211/2003 for the approval of the Regulations on technical conditions on which must be met by road vehicles in order to be put into circulation on public roads in Romania – RNTR 2 with subsequent amendments and completions).
• Expenses with the purchase of specific installations / equipment in order to obtain an energy saving, as well as systems that use renewable / alternative energy sources to streamline the activities for which it has requested financing.
– Intangible assets (15/55) or 22/76) – includes expenses for the acquisition of patents, licenses, trademarks, software, other rights and similar assets.
The eligible value of intangible assets may not exceed 20% of the eligible value of the tangible assets covered by the project.
e) Expenses with the obligatory publicity and information activities related to the project (8/16) – are eligible in accordance with the provisions of the financing contract, up to 5,000 lei without VAT. Expenditure on marketing and promotion activities is not eligible.
f) Non-deductible value added tax according to the national legislation in the fiscal field and non-recoverable according to the provisions of art. 69 para. (3), letter c) of Regulation (EU) no. 1303/2013, related to the eligible expenses is eligible.
g) In addition to these eligible costs, the project may require a number of other costs that are not eligible, but are necessary for the proper implementation of the project. These costs shall be borne by the applicant, without being taken into account in determining the amount / intensity of the non-reimbursable financial assistance.
The final audit activity of the project is not eligible for funding under this type of project, but is mandatory for project implementation.
(2) Specific investment conditions:
a) The investment must be maintained in the (beneficiary) region in which it was originally located, for a period of at least 3 years after the completion of the investments. This condition shall not prevent the replacement of an installation or equipment which has become obsolete or destroyed during this period, provided that economic activity is maintained in the region concerned for the relevant minimum period.
b) The assets acquired must be new. Purchases of second-hand equipment are not eligible.
c) Leasing purchases are not allowed.
d) Intangible assets are eligible for the calculation of investment costs if they meet the following conditions:
• They must be used exclusively in SMEs;
• Must be depreciable;
• They must be purchased under conditions of free competition on the market from third parties who are not related to the buyer;
• They must be included in the SME’s assets and must remain associated with the project for which the aid was granted for a period of at least 3 years after the completion of the project.
e) The acquisition of intangible fixed assets, to be used in the project, is made on the basis of:
• contract for obtaining the property right (in the case of computer applications, or patents),
• license or assignment agreement to obtain a right of use.
General conditions of eligibility of expenses according to art. 2 para.1 and para. 5 of GD no. 399/2015 on the rules for eligibility of expenditure incurred in the framework of operations financed by the European Regional Development Fund, the European Social Fund and the Cohesion Fund 2014-2020:
“Art.2 (1) Without violating the provisions of art. 3 and 4, in order to be eligible, an expenditure must cumulatively meet the following general conditions:
a. to comply with the provisions of art. 65 para. (2) – (5) of Regulation (EU) no. 1,303 / 2013, as well as the implementation period established by the managing authority through the contract / decision / financing order;
b. be accompanied by invoices issued in accordance with the provisions of national law or of the State in which they were issued or by other accounting documents on the basis of which the obligation to pay is recorded and supporting documents regarding the payment and the reality of the expenditure made, based on whose expenses can be verified / controlled / audited, in compliance with the provisions of art. 131 para. (2) and (4) of Regulation (EU) no. 1,303 / 2013;
c. be in accordance with the provisions of the program;
d. be in accordance with the contract / decision / financing order, concluded between
the managing authority or the intermediate and beneficiary body, in compliance with art. 65 para. (11), art. 70, art. 71, art. 125 para. (1) and art. 140 of Regulation (EU) no. 1,303 / 2013;
e. be reasonable and necessary to carry out the operation;
f. to comply with the provisions of the applicable European Union and national legislation;
g. to be registered in the beneficiary’s accounting, in compliance with the provisions of art. 67 din
Regulation (EU) no. 1,303 / 2013. ”
„(5) By exception from the provisions of par. (1) lit. b), the expenses incurred within the operations are eligible with the exceptions provided in art. 131 para. (2) of Regulation (EU) no. 1,303 / 2013. ”
(3) Specific conditions of eligibility of expenditure
The MA POC has the right to verify the reasonableness of the costs, according to the legal provisions, based on the requested documents and / or its own investigations, from the project evaluation phase.
* In order to justify the project budget, it is necessary to present at least 2 price offers for each purchase of goods / services / works, documents that will be attached to the financing application (according to Annex 3 of the Guide).
* Eligible expenses that are taken into account for reimbursement may not exceed the amounts established by the financing agreement.
* Expenses incurred during the implementation of the project and considered ineligible to verify a request for reimbursement will be borne by the beneficiary.
(4) If the project includes real estate investment works, the applicant must demonstrate the right of ownership, concession or rent with respect to the real estate (building) where the investment is made. The notion of building also includes the delimited legal space held in one of the forms mentioned by the applicant (eg floor, part of a hall, etc.).
* In the case of a concession, the concession contract must prove the right to make investments in the buildings under concession. The validity of the Concession contract must cover a period of at least 8 years from the date of submission of the financing application;
* In the case of a lease, it must be valid for at least 8 years from the date of submission of the financing application. The lease must prove the right to invest in rented buildings.
For applicants who intend to purchase a building, for the realization of the investment is accepted the submission of a preliminary sale / purchase contract for the building in question, at the stage of submitting the application for financing, accompanied by the Certification Note of the cost of purchasing the property issued by an appraiser. independently authorized, which confirms that its value does not exceed the market value.
* In the case of the purchase of a building, the pre-contract of sale / purchase must state:
§ Cadastral identification data
§ Ownership of the seller
§ Validity of the pre – contract (minimum 12 months from the date of submission of the application for financing).
If the applicant owns the property in which the investment is made, he must be free from any encumbrances and easements and not be the subject of any disputes pending in the courts or of any claims under special laws. in the matter or common law. It is proved by land book extract.
(5) When submitting the project, the applicant will justify in the application for financing and / or the business plan the need to purchase a building / space (if applicable), related to the budget estimate.
* For the acquisition of building / space in the contracting stage, the beneficiary will have to present the following documents:
– Expert report drawn up by an authorized independent appraiser certifying whether the cost of the building / space does not exceed the market value and whether the building complies with the technical conditions laid down in national law. In this report, the cost of the building / space must be specified separately.
– Pre-contract of sale / purchase for the building / space where the investment will be made. If in the expertise report / Preliminary sale / purchase contract, the value of the building / space is lower than the approved value, the eligible value will be diminished, by including the difference in the category of ineligible expenses.
If the area of the building / space differs from that justified when submitting the project, the eligible value for the building / space will change only in the sense of proportional decrease, but without exceeding the approved value.
* Within 6 months from the signing of the financing contract, the beneficiary is obliged to present the deed of acquisition of the building / space and to request for reimbursement the expenses related to the acquisition of the building / space.
* If the beneficiary does not request the expenses related to the acquisition of the building / space within the mentioned term, they will be considered ineligible, therefore they will not be able to be requested for reimbursement.
* In the case of construction works, the beneficiary is obliged to present the construction permit within 10 months from the signing of the contract, otherwise the financing contract will be terminated.
* The beneficiary must present on the respective request for reimbursement / payment, the land book extract (in copy in accordance with the original) proving that the building / space where the investment will be made, is free of any encumbrances and easements and is not subject to disputes pending in the courts or claims under special laws or common law.
* The purchased building / space will be used exclusively for investments in productive activities and support activities carried out by the beneficiary in order to implement the project. It will be detailed, within the financing application and the business plan, the need to purchase the building / space and the way in which it will be used in the implementation of the project.
* If the expenses made with the acquisition of the building / space exceed the approved value from the budget, only the approved value will be reimbursed, the rest of the value being considered ineligible.
* Notary fees related to the acquisition of the building / space will not be reimbursed.
(6) Intensity of public funding:
• 95% for micro enterprises;
• 90% for small enterprises;
• 85% for medium entitlements.
(7) Rules regarding the cumulation of state aids
– The State aid beneficiary can also access other State aid schemes developed on the basis of the Commission Communication – Temporary framework for State aid measures to support the economy in the context of the current COVID-19 epidemic (2020 / C91I / 01), within the equivalent ceiling in lei of the amount of 1,800,000 euros.
– Where an undertaking operates in more than one sector to which different maximum amounts apply in accordance with point 22 (a). (a) from the Communication from the Commission – Temporary framework for State aid measures to support the economy in the context of the current COVID-19 epidemic, the scheme provider must ensure, by appropriate means, such as separation of accounts, that the relevant ceiling is met for each of these activities.
– If the amount of state aid requested by the beneficiary is higher than the value provided by the temporary framework, it will be reduced to the ceiling of 1,800,000 euros, according to the provisions of the cumulation of state aid.
(8) The duration of the project is a maximum of 24 months not exceeding 31 December 2023.
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