Saint Via

POIM 3

POIM 3 - Energy Efficiency and Use of Energy from Renewable Sources for Own Consumption at Enterprise Level.

State aid measures for building thermal rehabilitation.

OLD VERSION

FINANCING

VALUE
Between 50,000 euros and 500,000 euros
FUNDING

The minimum value is 50,000 euros and the maximum is 500,000 euros.

Funding intensity: minimum 30% – maximum 65%.

ELIGIBLE BENEFICIARIES

The applicant is a legally constituted company in Romania, up to and including December 31, 2021;

The applicant had at least one employee on December 31, 2021;

The applicant is not in difficulty;

The applicant has fulfilled its obligations to pay taxes, fees, and social security contributions to the component budgets of the consolidated general budget, including to local budgets;

The applicant is not bankrupt or in liquidation;

The applicant undertakes to ensure the sustainability of the project, including ensuring the conduct of operational/current activities and maintaining the specific energy parameters it has committed to for a minimum period of 5 years after the expiry of the project implementation period;

The applicant holds at least one contract for the supply of electricity, natural gas, or thermal energy;

The applicant presents a declaration of total annual energy consumption showing the total energy consumption calculated in tep/year, where applicable.

OBLIGATIONS

Support is not granted for:

Manufacturing, processing, and selling of tobacco and tobacco products;

Fishing and aquaculture sectors,

Acquisition of road freight transport vehicles granted to companies that carry out road freight transport on behalf of third parties or for a fee;

Investments in airport infrastructure.

ELIGIBLE EXPENSES

 Equipment (machinery, technological equipment), computer equipment;

 Investments in equipment/machinery/specific facilities necessary for obtaining energy from renewable sources;

 Investments in modernization/rehabilitation/increasing installed capacities works, understanding by this the addition to existing cogeneration/trigeneration installations of new installations for energy production from renewable energy sources.

FUNDING

The minimum value is 50,000 euros and the maximum is 500,000 euros.
Funding intensity: minimum 30% – maximum 65%.

ELIGIBLE BENEFICIARIES

(1) Applicants must meet the following institutional, legal, and financial conditions:
a) The applicant is a legally constituted enterprise in Romania, registered with the ORC by December 31, 2021, inclusive, according to national legislation in force and falls into the category of micro-enterprises, SMEs, or large enterprises, as defined in Government Emergency Ordinance no. 112/2022, art. 2, lit. i) and lit. j), respectively, and carries out its activity in Romania at the time of submitting the funding application.

b) The applicant had at least one employee on December 31, 2021.

c) It carries out production/service provision activities with the exception of real estate investments, consulting, technical assistance, and does not request funding for activities listed in Annex 1 to Government Decision no. 780/2006, with subsequent amendments and completions, as well as sectors and/or areas excluded from the state aid scheme applicable. Thus, the applicant does not request funding for excluded areas from the scope of Regulation 651/2014 and respectively Regulation 1300/2013 according to the sections mentioned in section 1.9 of this guide;

d) The applicant does not fall into one of the following situations:

– is in default, insolvent according to the provisions of Law no. 85/2014 on insolvency procedure, with subsequent amendments and completions, as applicable;

– is in a state of bankruptcy, liquidation, has its business conducted by a judicial administrator or its commercial activities are suspended or subject to an arrangement with creditors, or is in a similar situation as the previous ones, regulated by law, or is subject to a legal procedure for declaring bankruptcy, liquidation, conducting business by a judicial administrator or its commercial activities are suspended or subject to an arrangement with creditors;

– is an enterprise in difficulty, according to the provisions of Regulation (EU) no. 651/2014;

– has not fulfilled its obligations to pay taxes, fees, and social security contributions to the component budgets of the consolidated general budget, and the local budget in accordance with the legal provisions in force in Romania;

– The applicant/legal representative of the applicant has been definitively convicted due to professional misconduct directed against the law, a decision formulated by a judicial authority with res judicata force;

– The applicant/legal representative of the applicant has been the subject of a res judicata judgment for fraud, corruption, involvement in criminal organizations, or other illegal activities, to the detriment of the financial interests of the European Community;

– The legal representative of the applicant who exercises his/her duties by right on the date of submission of the funding application and during the evaluation, selection, and contracting process is not in one of the following situations: – is the subject of a conflict of interest, defined in accordance with the current national/community 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; – is in a situation to seriously mislead the management authority and/or its delegates, or the evaluation and selection committees, by providing incorrect information in the context of this call for projects or other calls for projects carried out for financing under other European/national funding programs; – is attempting or has attempted to obtain confidential information or influence the evaluation and selection committees or the management authority and/or its delegates during the evaluation and selection process of this call for projects or other calls for projects carried out under European/national funding programs.

– is the subject of an unrecovered recovery order following a previous decision of the Competition Council or the European Commission, by which state aid has been declared illegal and incompatible with the internal market;

e) The applicant demonstrates project management capacity – the applicant has appointed a project manager to manage the project activities. The project manager can be an employee of the applicant or can be outsourced.
f) The applicant demonstrates financial capacity for project implementation and has its own co-financing of the project established in accordance with the legal provisions on state aid, as included in the state aid scheme, and assumes the covering of amounts related to ineligible expenses.

g) The applicant undertakes to ensure the sustainability of the project, namely to ensure the conduct of operational/current activities and to maintain specific energy parameters (Specific energy indicators established by the energy analysis) to which it has committed for a period of at least 5 years after the expiry of the project implementation period;

h) The applicant has not benefited from financial support from public funds, including EU funds, in the last 5 years from the submission of the funding application for the same activities (eligible costs) or is not currently implementing projects financed, partially or in full, from other public sources, for the same activities.

Also, for the same eligible costs, the beneficiary has not applied for funding from other public sources, including EU funds.

i) The applicant holds at least one contract for the supply of electricity, natural gas, mandatory, or thermal energy, depending on the type of funding requested, which is valid for the point where funding is requested.

If measures for gas efficiency are also considered, it must provide evidence of this type of consumption.

j) The applicant presents a declaration of total annual energy consumption showing total energy consumption calculated in tep/year, where applicable.

Other forms of enterprise organization and/or other entities assimilated to them are not eligible.

Branches, agencies, representations, or other similar units without legal personality cannot apply for funding under this call. The company that owns them can apply for funding for them, provided that all conditions for granting funding are met, and the economic-financial analysis is made in relation to it.

Partnerships are not eligible within the calls for projects launched under this guide.

(2) Excluded areas from funding:

In accordance with the provisions of Regulation (EU) No 651/2014 of the Commission of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, financial support is not granted for the following:

A. Sectors:

a) the fishing and aquaculture sector;

b) the processing and marketing of agricultural products sector, in the following cases:

– when the value of the aid is based on the price or quantity of such products purchased from primary producers or placed on the market by the enterprises concerned; or

– when the aid is conditional on its partial or complete transfer to primary producers;

c) the primary agricultural production sector;
B.

a) facilitating the closure of non-competitive coal mines, as regulated by Council Decision No 2010/787.

b) decommissioning or construction of nuclear power plants;

c) investments aimed at reducing greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC;

d) manufacture, processing, and marketing of tobacco and tobacco products;

C. Objectives:

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

b) aid conditioned on the preferential use of national products over imported products;

c) the granting of aid is conditional on the obligation for the beneficiary to use goods produced nationally or national services;

Under these calls, no aid is granted for investments/activities provided for in Article 2(2) of Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on the Cohesion Fund and repealing Regulation (EC) No 1084/2006, namely:

a) decommissioning or construction of nuclear power plants;

b) investments aimed at reducing greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC;

c) investments in the housing sector, except those related to promoting energy efficiency or the use of energy from renewable sources;

d) manufacture, processing, and marketing of tobacco and tobacco products;

e) investments in airport infrastructure, except those related to environmental protection or those accompanied by investments necessary to mitigate or reduce the negative impact of this infrastructure on the environment.

ELIGIBLE INVESTMENT TYPES

(1) The minimum value of non-repayable funding granted to an enterprise is 50,000 euros, and the maximum value of non-repayable funding granted cannot exceed 500,000 euros, the equivalent in lei calculated at the exchange rate of 1 euro = 4.95 lei, according to the State aid Scheme approved by OMIPE No. 2613/27.09.2022.
For projects funded under Specific Objective 11.1, taking into account the provisions regarding aid intensities, funding is ensured as follows:

Maximum value of funding granted for total eligible costs65% (85% CF + 15% state budget)
Minimum eligible contribution of the beneficiary35%
Community contribution (CF) to the funding granted85%
National public contribution to the funding granted (state budget)15%

The aid is granted in lei in the form of reimbursement of expenses incurred and has a minimum value of 247,500 lei and a maximum value of 2,475,000 lei, the equivalent of 50,000 euros and 500,000 euros in lei at the exchange rate inforeuro in September 2022, respectively 1 euro = 4.8657 lei.
The aid intensity is 30% of eligible costs. The intensity will be increased by 20 percentage points for aid granted to micro-enterprises and small enterprises and by 10 percentage points for aid granted to medium-sized enterprises.

The aid intensity will be increased by 15 points for investments in assisted areas that meet the conditions set out in Article 107(3)(a) of the TFEU, namely the areas specified in the ANNEX to Commission Decision C(2021) 9750 final of 20.12.2021 concerning SA.100199 (2021/N) Regional Aid Map for Romania (1 January 2022 – 31 December 2027), and by 5 percentage points for investments in assisted areas that meet the conditions set out in Article 107(3)(c) of the TFEU, namely the “c” areas that are not predefined, provided for in the ANNEX.

Maximum applicable intensities:

 State aid intensity (percentage applicable to the value of eligible costs)
 All other territoriesFor the counties of Bistriţa-Năsăud, Maramureş, Sălaj, and Satu Mare (North-West Development Region); Alba County (Center Development Region); Bacău, Botoşani, Neamţ, Suceava, and Vaslui counties (North-East Development Region); Brăila, Buzău, Galaţi, Tulcea, and Vrancea counties (South-East Development Region); Călăraşi, Ialomiţa, Prahova, and Teleorman counties (South-Muntenia Development Region); Dolj, Gorj, Mehedinţi, Olt, and Vâlcea counties (South-West Oltenia Development Region), Caraş-Severin, and Hunedoara counties (West Development Region).Localities in Ilfov County: Periş, Ciolpani, Snagov, Gruiu, Nuci, Grădiştea, Petrăchioaia, Dascălu, Moara Vlăsiei, Baloteşti, Corbeanca, Buftea, Chitila, Glina, Cernica, Dobroeşti, and Pantelimon, Ciorogârla, Domneşti, Cornetu, Bragadiru, Dărăşti-Ilfov, Jilava, 1 Decembrie, Copăceni, Vidra, Berceni, and Clinceni.
Large enterprises30%45%35%
Medium-sized enterprises40%55%45%
Small enterprises, including micro-enterprises50%65%55%

For the same beneficiary and the same eligible expenses, state aid for investments in energy efficiency granted under this scheme cannot be cumulated with any other state aid granted, including de minimis aid.
(2) For the specific investments provided for in section 1.3.1, hereinafter referred to as thermal rehabilitation, the following categories of activities are supported, in accordance with the provisions of Art. 6, letter a) of Government Emergency Ordinance No. 112/2022 on the establishment of measures to stimulate investments with non-reimbursable external funds in the field of energy efficiency, renewable energy resources for large and small and medium-sized enterprises, green energy from renewable sources for local public authorities, as well as some measures in the field of smart specialization, and for the amendment and supplementation of certain normative acts, with subsequent amendments and completions:

thermal rehabilitation works of building envelopes as defined in Art. 7(1) letters b) and c) of the State Aid Scheme for supporting SMEs and large enterprises in implementing measures to improve the energy efficiency of industrial buildings and ancillary constructions and buildings for service provision and ancillary constructions under the Large Infrastructure Operational Program 2014-2022 approved by OMIPE No. 2613/27.09.2022 (hereinafter referred to as the State Aid Scheme), respectively industrial buildings and ancillary constructions and buildings for service provision and ancillary constructions, including exterior walls, windows, carpentry, ceiling over the last floor, ceiling over the basement, roofs and roof coverings, including building reinforcement measures, except for seismic reinforcement works.
In the case of buildings with mixed use, administrative and production, they may be considered eligible for energy efficiency measures if the space intended for production activity is larger than that intended for administrative activity.

Eligible expenses are the additional investment costs necessary to promote the production of energy from renewable sources. Under the state aid scheme, these are determined in accordance with Art. 38(3), letter a) of Regulation 651/2014, with subsequent amendments and completions.

In addition, an expense is eligible if the project activities for which the expense is reimbursed have not been financed, in the last 5 years before the date of submission of the funding application, from public funds.

(3) Within OS 11.1, the following types of expenses are not eligible (in accordance with the provisions of Art. 13, letter h of Government Decision No. 399/2015):

expenses related to in-kind contributions

depreciation expenses

expenses related to the purchase of already constructed buildings

leasing expenses

rental expenses, other than those provided for in general administrative expenses

expenses related to the purchase of means of transport

general administrative expenses

debit interest except those related to grants granted in the form of interest subsidies or guarantee commissions

other fees related to loans

purchase of second-hand equipment

fines, penalties, and legal and arbitration expenses

costs for the operation of investment objectives

expenses incurred for investment objectives carried out in-house

expenses related to activities related to carrying out energy audits (requested in accordance with Law no.121/2014).

In addition, the following expenses are not eligible:

Project management technical assistance costs, audit costs, information and publicity costs, technical assistance, supervision services, are not eligible.

Expenses related to project activities started before the date of submission for funding in the IMM Recover platform (such as preparatory works, obtaining permits and authorizations, and conducting energy analysis, as well as technical studies established by standards and regulations for project preparation), are not considered to be the start of works, and the costs related to them are not eligible for funding.

Expenses for fees/subscriptions/contributions/agreements/authorizations necessary for project implementation, fees for commissions, quotas, fees, credit costs.

Costs related to seismic consolidation works are not eligible.

To the extent that they represent eligible expenses, costs related to building and ancillary construction consolidation works cannot exceed 15% of the total project value.

(4) Within the calls covered by this guide, premises where economic activities are carried out located in multi-family and/or single-family blocks are not eligible for energy efficiency measures.

Costs related to seismic consolidation works are not eligible.

Project management, project audit, information and publicity, supervision, technical assistance, construction site organization expenses, fees/commissions for obtaining permits/agreements are not eligible.

Support is not provided for activities in the real estate investment, consultancy, technical assistance fields. Also, properties exclusively used for activities in the real estate investment, consultancy, technical assistance fields are not eligible.

Costs not directly related to achieving a higher level of energy efficiency are not eligible.

For projects promoted under this call for proposals, VAT expenses are not eligible, being deductible from the perspective of the economic activity carried out by the applicant.

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