De minimis aid scheme for energy efficiency at the level of SMEs and large enterprises within the Large Infrastructure Operational Program 2014-2020
The objective of this scheme de minimis aid is the promotion of investments to reduce energy consumption and greenhouse gas emissions through systems dedicated to the modernization, monitoring and efficiency of energy consumption at the enterprise level, with financing from non-refundable external funds allocated within the Infrastructure Operational Program Mare 2014-2020, hereinafter referred to as POIM
Date and time of project call opening (start of project submission): October 13, 2022, 10.00 a.m.
11 Measures to improve energy efficiency and stimulate the use of renewable energy
11.1 Energy efficiency and the use of energy from renewable sources for own consumption at the enterprise level
Within the calls launched through this guide, for all investment categories mentioned in section 1.3.1 of this guide, in conjunction with the categories of eligible expenses/interventions from section 1.3.2, the minimum amount is 50,000 euros and the maximum is 200,000 euros . The exchange rate at which the entry into the respective minimum and maximum values will be calculated is the inforeuro exchange rate from September 2022, respectively 1 euro = 4.8657 lei.
The maximum non-refundable financing granted for an investment project under this scheme cannot exceed 100% of the eligible value of the investment, respectively the equivalent in lei of 200,000 euros or 100,000 euros, as the case may be, according to the following:
The maximum amount of the de minimis aid that can be granted to the applicant cannot exceed the equivalent in lei of 200,000 euros, over a period of 3 consecutive fiscal years (two previously concluded fiscal years and the current fiscal year), regardless of whether the aid was granted from sources national or European. The total value of the de minimis aid granted to the applicant who carries out road transport of goods on behalf of third parties or against cost cannot exceed the equivalent in lei of 100,000 euros over a period of 3 consecutive fiscal years. This de minimis aid cannot be used for the purchase of vehicles for the road transport of goods. If the applicant is part of a sole enterprise, within the meaning of the definition provided in art. 2 lit. (2) of the European Commission Regulation no. 1407/2013 on the application of articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, for the verification of the fulfillment of this criterion, the de minimis aid granted to the sole enterprise will be taken into account;
When a company that carries out road transport of goods on behalf of third parties or for a fee also carries out other activities for which the ceiling of 200,000 euros applies, in the case of that company the ceiling of 200,000 euros, equivalent in lei, is applied, provided that the accounting documents are presented which certifies the separation of the record of these activities or the distinction between costs, to prove that the amount benefiting from the activity of road transport of goods does not exceed the equivalent in lei of 100,000 euros and that the de minimis aid is not used for the purchase of vehicles for the road transport of goods ;
The de minimis ceilings apply regardless of the form of the de minimis aid or the objective pursued and regardless of whether the aid granted by the Member State is financed in whole or in part from Community resources.
For de minimis aids granted in stages, in several installments, they are updated to their value at the time they are granted, using the discount rate applicable on the date of granting the aids.
If, by granting new de minimis aid, the above-mentioned de minimis ceiling would be exceeded, the applicant can benefit from the provisions of this scheme only for the part of the requested non-reimbursable financing that falls within the de minimis ceiling, in compliance with the rules of cumul. In this sense, the applicant can opt, until the granting of the de minimis aid based on this scheme, for the reduction of the requested financing or for the complete or partial waiver of previous aid already received in order not to exceed the de minimis plan. In the case of company mergers or acquisitions of shares, when determining whether new de minimis aid granted to a new undertaking or the acquiring undertaking exceeds the relevant ceiling, all previous de minimis aid granted to all merging undertakings shall be taken into account. De minimis aid legally granted before the merger or acquisition remains legally granted.
(1) The de minimis aid scheme is addressed to SMEs and large enterprises, with the exception of enterprises with the activities listed in Annex no. 1 to Government Decision no. 780/2006 on the establishment of the scheme for the sale of greenhouse gas emission certificates, with subsequent amendments and additions, provided that a written application for de minimis aid is submitted to the Ministry of Investments and European Projects, according to the requirements of this scheme and from the Applicant's Guide, and the subsequent signing of a financing contract.
(2) This scheme applies to projects that propose investments in energy efficiency measures and the reduction of energy consumption and greenhouse gas emissions through systems dedicated to the modernization, monitoring and efficiency of energy consumption at the level of SMEs and large enterprises.
(1) The project is implemented on the territory of Romania.
(2) The project must target one or more of the efficiency measures
energy/use of renewable energy sources mentioned in art. 5 of GEO no. 112/2022, limited by corroboration with the categories of eligible expenses/interventions defined in art. 6, lit. b)-e), art 7, letter c), art. 8 and art. 9 of the same normative act.
(3) The investments financed by this scheme are associated with an economic activity, respectively one or more fields of activity (CAEN classes) authorized at the registered office/work point identified at the project implementation site. The identified economic activity does not refer to the activities/sectors excluded according to art. 6, para. (1) – (4), as well as those excepted from art. 7, paragraph (1), letter e) of this scheme.
(4) For the investments mentioned in art 5, letter d) from GEO no. 112/2022, limited by corroboration with the categories of eligible expenses/interventions defined in art. 9 must include, mandatorily, the installation of an energy management system - EMS - which will ensure, at the enterprise level, a general metering of energy consumption
energy.
(5) Through this scheme, only the measures provided for in para. (2) of this article.
(6) For the same eligible costs, the beneficiary has not requested funding from other public sources, including EU funds.
(7) The beneficiary will present an energy analysis, in accordance with the provisions of GEO no. 112/2022, art. 11, lit. j).
(8) The project must be completed by December 31, 2023.
(9) The energy efficiency measures/use of renewable energy sources mentioned in para. (2), included in the projects meet the selection criteria presented in Annex no. 1 of this scheme, with the exception of those associated with the categories of expenses/eligible interventions defined in art. 7, lit. c) from GEO no. 112/2022 that meet the selection criteria presented in Annex no. 2 of this scheme.
(10) The amount of non-refundable financing does not exceed the de minimis ceiling in accordance with the provisions of art. 10, paragraph (1) - (2) of this scheme.
(11) The project must achieve a decrease in total energy consumption of at least 10% within energy efficiency measures, by using renewable energy sources compared to the initial specific energy indicators, based on the energy analysis, otherwise the project is declared ineligible . The project also meets the other conditions specified in the Applicant's Guide related to the supported measures, conditions that do not affect the provisions on de minimis aid.
The project evaluation and selection process will be carried out through the IMM RECOVER platform and later checks will be carried out at the level of specialized departments within the Ministry of Investments and European Projects, based on the data/documents uploaded by the applicant in IMM RECOVER/MySMIS.
Within the framework of this scheme, selection calls will be launched for the enterprises that fall into the productive activities mentioned in art. 14, para. (3) , distinct from the selection calls for the other beneficiaries of the scheme.
In order to benefit from the de minimis aid provided by this scheme, the applicant will submit a standard application for funding through the IMM-Recover platform. The evaluation, selection, contracting of projects, as well as the resolution of appeals are carried out within the previously mentioned platform.
The provider of the aid scheme verifies the fulfillment of all the eligibility conditions defined in art. 6-9 of this scheme and the selection ones defined in Appendices no. 1 and 2 to this scheme and signs financing contracts with de minimis aid beneficiaries following the procedure from para. (2).
The evaluation and selection of projects is carried out by the aid provider through the IMM-Recover platform, and the projects that meet a score of at least 50 points by applying the criteria in Annexes 1 and/or 2 are selected for financing in descending order of scores and in the limit of the approved budget of the scheme. In case of equal scores, the tie-breaker is based on the score obtained for criterion C1) from the two annexes. In the event of a tie, the score obtained in the next criterion is taken into account.
For projects that include energy efficiency measures/use of renewable energy sources referred to in art. 8, para. (2) of this scheme, associated with the categories of expenses/eligible interventions defined in art. 7, lit. c) from GEO no. 112/2022, the project score is calculated by applying the arithmetic mean of the final score resulting from the application of the grids in Annex 1 and Annex 2 to this scheme, and, as the case may be, the enterprise carries out productive activities in the areas provided in Annex 3 to the present scheme.
Projects with a quality threshold below 50 points are not eligible for funding.
An applicant who operates both in eligible sectors/fields and in ineligible sectors/fields, as defined under this scheme, may benefit from funding for the eligible fields of activity, provided that accounting documents certifying the separation of records of these activities are presented .
The payment of the state aid is made in the form of reimbursement of the expenses incurred by the beneficiaries, provided that the eligibility requirements of the expenses specific to the European funds as defined in the relevant European and national legislation are respected.
The aid provider reserves the right not to pay/grant the de minimis aid or to request the recovery of the de minimis aid already paid if the documents and information provided by the beneficiary in the submitted documents prove to be incorrect or false.
If a de minimis aid is granted, the aid provider will inform the beneficiary in writing, through the financing contract, about the potential value of the aid (expressed as gross equivalent of non-reimbursable financing) and about its de minimis nature , with express reference to the provisions of Regulation (EU) no. 1,407/2013.
In the situation where the indicators assumed in the funding request are not reached, in accordance with the provisions of art. 17 of GEO no. 112/2022, the beneficiaries will return the counter value of the de minimis aid together with the related interest calculated from the date of receipt of the aid until the date of full recovery or reimbursement.
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