Trade and Services

FINANCING AND FACILITIES:

TYPES OF FINANCIAL AID

FINANCING

MAXIMUM 90% AFN value, but can not exceed the amount of 250,000 lei for each beneficiary
MINIMUM 10% OWN CONTRIBUTION

ELIGIBLE EXPENSES: SELF-USE, EQUIPMENT, EQUIPMENT, EQUIPMENT, COMPUTERS, FURNITURE, WEBSITE, SOFTWARE LICENSES, FRANCHISES, CONSULTANTS, ETC.

ELIGIBILITY CRITERIA:

ELIGIBLE BENEFICIARIES

They can benefit from a non-reimbursable financial allocation (AFN) within the Economic Operators Program (micro-enterprises, small and medium-sized enterprises defined according to the provisions of Law No. 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, as subsequently amended and supplemented, which transposes into the legislation National Recommendation EC no. 361 of May 6, 2003, published in the Official Journal of the EU no. L124 of May 20, 2003), respectively cooperative companies and companies, which meet cumulatively at the date of request the following eligibility criteria:

a) are registered according to Law no.31 / 1990 on companies, republished, with the subsequent modifications and completions or based on Law no.1 / 2005 regarding the organization and functioning of the cooperation or under the Emergency Ordinance of the Government of Romania no.6 / 2011 for the stimulation of the setting up and development of micro-enterprises by the beginners entrepreneurs in business and fall into the category of SMEs, according to Law 346/2004;

b) are legal persons (cooperative companies / companies), whose activity object is the marketing of market products and services, activities provided in annex no. 1 to the present procedure (CANE codes according to the Order of the President of the National Institute of Statistics no. 337/2007, as subsequently amended and supplemented, regarding the updating of the classification of activities in the national economy);

c) they are considered as autonomous, linked, partner or unique enterprises (group of related companies that behave as a single enterprise);

d) have at least 1 calendar year from the date of establishment on the date of opening the electronic application for registration of the investment plan and the CAEN code for which it requests financing is authorized according to art. 15 of Law 359/2004 regarding the simplification of formalities when registering in the trade register of natural persons, family associations and legal persons, their fiscal registration, as well as authorizing the functioning of legal persons, with subsequent amendments and completions, at least 3 months before the date opening the electronic application for the registration of the investment plan;

e) have private whole social capital;

f) the company has not benefited from a non-reimbursable financial allocation under the Program during the last 3 years -2015, 2016 and 2017. Associates or shareholders who own several companies can benefit from AFN within the present program only with a single company, for which they are verify the status of a single company.

g) they have no debts to the general consolidated budget and to the local budgets, both for the registered office and for all work points; Applicants who have staggered debts are not eligible to access the Program.

h) have a net annual turnover of up to 50 million euros, equivalent in lei, or have total assets that do not exceed the equivalent in lei of 43 million euros, at the end of the previous fiscal year (total assets means immobilized assets plus current assets plus advance expenses);

i) have an annual average number of employees less than 250, in the previous fiscal year;

j) they have their registered office, respectively their work points / secondary offices, are registered at the Trade Register Office and carry out their activity on the territory of Romania;

k) are not in a state of dissolution, judicial reorganization, liquidation, insolvency, bankruptcy, forced execution, operational closure or temporary suspension of the activity;

l) did not exceed the de minimis ceiling of 200,000.00 Euro during three consecutive financial years for a single enterprise, as defined by EU Regulation no. 1407/2013 of the Commission of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the functioning of the European Union to de minimis aid and 100,000 Euros during three financial years for the beneficiaries who carry out freight activities on behalf of third parties or for a fee. The ceilings are applied regardless of the form of the de minimis aid or the objective pursued and whether the aid is granted from state budget funds or from community funds.

m) obtained at least 50 points following the online completion of the investment plan, according to the model and criteria set out in annex no. 3 to the present procedure;

n) have not been the subject of a decision of the European Commission, AIMMAIPE, the Competition Council or another provider of state aid / de minimis to recover a state aid / de minimis aid or, if they were the subject of a such decisions, it has already been executed and the debt fully recovered, with the related interest;

o) they did not receive illegal aid;

p) were not rejected for financing during the last 5 years within the national programs carried out by the de minimis aid provider on grounds of fraud of the procedure (eg used procurement, conflict of interest, settlement of the same equipment in several programs, settlement the same equipment in several companies)

q) there are no kinship links between the applicant’s shareholding structures and the staff within the MMACA / AIMMAIPE and the spouse, their relatives and their relatives up to the second degree including,

r) submitted the technical reporting form within the deadline provided by the procedures for the implementation of the national programs that they have benefited from in the last 3 years (only for the applicants who have benefited from financing within the national programs during the last 3 years -2015, 2016 and 2017) ;

s) have submitted a request for partial / total renunciation of the financing within the deadline stipulated by the procedures for the implementation of the national programs in which they have signed a financing contract for the last 3 years (only for the applicants who have signed a financing contract within the national programs in the last ones 3 years – 2015, 2016 and 2017 – and partially or totally gave up funding).

ELIGIBLE EXPENDITURE:

a) the purchase of IT equipment for technical calculation (PC type, consisting of: central unit, server, monitor, printer / copier / multifunction, including portable systems, licenses necessary for the activity) according to the Government Decision no. 2139/2004 for the approval of the Catalog regarding the classification and the normal durations of operation of the fixed assets, with the subsequent modifications and completions or similar inventory objects.

b) purchase of bar code readers;

c) purchase of electronic scales with / without printer for labeling;

d) purchase of electronic fiscal markers;

e) acquisition of technological equipment, machines, machines and work installations – including the related software, measuring, control and regulation equipment and installations necessary to carry out the activities for which it requested financing, according to the Government Decision no. 2139/2004 for the approval of the Catalog regarding the classification and the normal durations of operation of the fixed assets, with the subsequent modifications and completions or inventory objects assimilated to them, except for the mechanical, electrical, electronic, billiard tables and musical machines;

f) the purchase of electro and forklifts according to group 2.3.6.8.1 of GD 2139/2004;

g) investments in intangible assets related to patents, brands of products and services (eco-labeling, licenses), software for on-line commerce, software necessary to carry out marketing activities of products and market services;

h) purchase of goods provided for in subgroups 3.1 furniture, 3.2 office equipment and 3.3 systems for the protection of human and material values ​​(eg video surveillance systems, alarm systems). according to the Government Decision no. 2139/2004 for the approval of the Catalog regarding the classification and the normal durations of operation of the fixed assets, with the subsequent modifications and completions or similar inventory objects;

i) the purchase of utility vehicles of category N1, N2, N3, except for the land vehicles G symbol according to the Order MLPTL 211/2003, as subsequently amended and supplemented, respectively with the exception of the vehicles for road transport of goods on behalf of third parties or for a fee, requested by companies that carry out road freight on behalf of third parties or for a fee.

j) certification of a quality management system / environment / health and occupational safety / food safety, according to one of the standards: SR-EN-ISO 9001: 2008 (quality management system); SR-EN-ISO 14001: 2005 (environmental management system); SR-EN-ISO 22000: 2005 (food safety management system); OHSAS 18001: 2007 (occupational health and safety management system), simple or integrated;

k) creation of a web page for presenting the activity of the applicant and of the promoted products or services (including domain registration expenses, without hosting), for economic operators who do not own another web page and which must be functional at the time of submission of the AFN release request; throughout the monitoring period;

l) the purchase of specific installations / equipment for the purpose of obtaining an energy saving, as well as systems that use renewable / alternative energy sources [1] for the efficiency of the activities for which it requested financing;

m) the purchase of heating or air conditioning installations related to the commercial space or services;

n) participation in training courses for vocational training / qualification / specialization / professional development in the field of marketing of products and market services for which he applied for financing, participation in courses on basic hygiene notions required in product marketing activities and market services [2];

o) the guarantee commission for the year of granting the guarantee, due to the financial institutions that issue guarantees for loans, in the case of guarantees granted for the credits contracted by the beneficiaries in order to realize the investment plans accepted within the Program, for the applicants who use credit for the implementation of the project;

p) consultancy for the preparation of the documentation in order to obtain the financing within the present program and the implementation of the project (maximum 8000 lei without VAT) [3]. The providers of consultancy services eligible under the Program may only be consultancy providers that have the legal right to perform this type of activity, respectively have the consultancy activity in the statute or are companies that have as authorized activity to be carried out one of the included activities. in CAEN code class 70.

q) the purchase of commercial commercial spaces or services in direct connection with the activities of the CANE code on which the Program is accessed. Assets within this category should not have a residential purpose *;

(2) For the activities of implementation and certification of management systems, the following categories of services are financed for the implementation and certification of management systems:

training courses for personnel involved in activities related to quality / environment / occupational health and safety / food safety (internal auditor);
consultancy regarding the elaboration of the documentation of the implementation of the management systems;
certification of the quality / environment / occupational health and safety / food safety management system, simple or integrated.
(3) The re-certification activities of the management systems are not financed by this Program; only the extension of the certification of a management system to an integrated system is financed.

(4) The providers of training services eligible under the Program may be only training organizations authorized according to the law, who will present supporting documents regarding the qualification of the persons who carry out the training in the respective field.

(5) The consultancy service providers eligible under the Program may only be consultancy provider organizations that have the legal right to carry out this type of activity, respectively have the consultancy activity in the statute or are companies that have as authorized activity to be carried out one of the activities included in CAEN code class 70.

(6) The certification service providers eligible under the Program may be only certification bodies accredited according to the law, in the field for which the beneficiary economic agent requests the services.

(7) The goods purchased under the program may be fixed assets or inventory objects. In the case of fixed assets, they must have a minimum value of 2,500 lei without VAT, according to the Government Decision no. 276/2013 regarding the establishment of the input value of the fixed assets. It is not allowed to purchase the goods that have been the object of a grant / grant from other sources.

(8) The expenses regarding the VAT, taxes, notices, commissions (except the guarantee commission), the packaging, the transport, the commissioning, the training of the personnel for the use of the purchased ones, are not eligible.

INELIGIBLE EXPENDITURE:

AFN is not granted under the Program for:

– fishing and aquaculture activities, covered by Regulation (EU) no. 1379/2013 [4];

– activities related to the primary production of agricultural products, as listed in Annex no. 1 to the Treaty establishing the European Community, except for the products obtained from fisheries and aquaculture provided for in Regulation (EU) no. 1379/2013;

– processing and marketing activities of agricultural products, as listed in Annex no. 1 to the Treaty establishing the European Community, in the following cases:

when the amount of the aid is established on the basis of the price or quantity of such products purchased from the primary producers or placed on the market by the respective economic operators;
when the aid is conditional on being partially or fully transferred to the primary producers;
“Processing of agricultural products” means any operation performed on an agricultural product that results in a product that is also an agricultural product, except for the activities carried out on agricultural holdings, necessary for the preparation of a product of animal or vegetable origin for the first sale. .

“Marketing of agricultural products” means the holding or display of an agricultural product for sale, sale, delivery or any other form of placing on the market, except for the first sale by a primary producer to resellers or processors and any other activity of preparing the product for this first sale; a sale made by a primary producer to final consumers is considered as marketing if it is carried out in separate premises, reserved for this activity;

– activities related to export, namely, the aid directly related to the quantities exported, the establishment and functioning of a distribution network or for other current expenses related to the export activity;

– aid conditional on the preferential use of national products over imported products;

– economic agents operating in the coal sector, as defined in EC Regulation no. 1407/2002 of the Council of 23 July 2002 on the state aid for the coal industry;

– aid for the purchase of road haulage vehicles granted to economic agents whose activity object is to provide road haulage services on behalf of third parties or for a fee.

If an enterprise operates in either one of the exempted sectors or in one or more sectors or fields of activity included in the scope of this scheme, its provisions apply to the aid granted for the non-exempted sectors.

In order to benefit from the provisions of the de minimis scheme, the undertaking in question must ensure, by appropriate means, such as the separation of activities or a distinction between costs, that the activities carried out in the sectors excluded from the scope do not benefit from de minimis aid granted in accordance with this scheme.

Not eligible to be selected in the I.M.M. program that operates in the sectors / domains: gambling and betting activities, production or sale of weapons, ammunition, explosives, tobacco, alcohol, energy products defined according to Law no. 571/2003 regarding the Fiscal Code, with the subsequent modifications and completions, substances under national control, narcotic and psychotropic plants, substances and preparations and activities excluded by European norms, for which de minimis aid cannot be granted in accordance with the provisions of Regulation (EC) ) no. 1.407 of the Commission of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the functioning of the European Union of de minimis aid, published in the Official Journal of the European Union, series L, no. 352 of 24 December 2013.

OBLIGATIONS:

The beneficiaries are obliged to insure in favor of the Office the goods purchased by the program against all risks, for a period of 4 years (the year of implementation + 3 years of monitoring – 2018, 2019, 2020 and 2021) and to assign all the rights that they will acquire. under the assurance to the Office. This insurance can also be made annually with an extension clause, with the obligation to send an annual copy to the Office after this at the time of renewal. In the case of a loan, the insurance of the tangible assets can be transferred, with the agreement of the Office, in favor of the partner institution until its repayment.

AFN beneficiaries have the obligation to report the effects of participation in the Program to UMCR within the Office for a period of 3 years starting with the year following the signing of the financing contract -2019, 2020 and 2021-, by completing and sending by mail / e-mail / fax of the technical reporting form provided in annex no. 9 to this procedure. The submission period of the technical reporting form is June 1-30, the year following the expiry of the reference financial year.

The beneficiaries are obliged not to set up the pledge / mortgage and not to change the destination of the goods purchased by the program, to keep them in working order and to keep them in the company property for the entire monitoring period of the program, respectively 3 years, starting with the year following the signing. financing agreement (2019, 2020, 2021). Otherwise, it will be proposed to initiate the procedures for recovering the non-reimbursable financial allowance, together with the related interests and penalties.

Micro-enterprise, within the SME category, is the company that has up to 9 employees and realizes a net annual turnover or has total assets of up to 2 million euros, equivalent in lei.

Small enterprise, within the SME category, is the enterprise that has between 10 and 49 employees and realizes a net annual turnover or has total assets of up to 10 million euros, equivalent in lei.

A medium-sized enterprise, within the SME category, is the enterprise that has between 50 and 249 employees and achieves a net annual turnover of up to 50 million euros, equivalent in lei, or has total assets that do not exceed the equivalent in lei of 43 million euros.

The calculation of the turnover and the number of employees will be done according to art. 5 and art. 6 of Law no.346 / 2004 on stimulating the setting up and development of small and medium-sized enterprises, with subsequent modifications and completions, for each type of enterprise: autonomous, partner or linked enterprise, according to the law.

[1] Renewable energy source, as defined in Law no. 220/2008 for establishing the system for the promotion of energy from renewable energy sources, with subsequent modifications and completions.

[2] The courses must be in accordance with the activities for which funding is requested according to the responsibilities in the job description for each employee to be trained.

[3] Eligible activity / expense that can be carried out before the financing contract is signed, as well as the guarantee commission for the year of granting the guarantee.

* The value of the assets acquired in the case of the program will be based on an evaluation of an expert evaluator ANEVAR. Assets within this category should not be for residential use.

[4] Regulation (EU) no. 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organization of the markets in the fishery and aquaculture products sector, amending Regulations (EC) no. 1184/2006 and (EC) no. 1224/2009 of the Council and repealing Regulation (EC) no. 104/2000 of the Council.

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