A Support Decision is an administrative decision issued pursuant to the Code of Administrative Procedure regulations.
A Support Decision indicates the period of its effectiveness, the core business activity and the conditions that must be satisfied by the entrepreneur, as regards:
The Support Decision validity period:
There is an obligation of an entrepreneur to incur eligible costs of the investment at a specified level, depending on the unemployment rate in the district relevant for the place of the new investment.
The level of the average unemployment rate is established based on the current published data concerning the average unemployment rate in Poland and in the districts, according to the announcement of the President of the Central Statistical Office published in the Official Journal of the Republic of Poland, “Monitor Polski” pursuant to Art. 82 of the Act on the promotion of employment and labour market institutions of 20 April 2004 (Dz. U. of 2017 item 1065, 1321, 1428, 1543, 2371, 2494 and of 2018 item 107, 138, 650, 730 and 858).
The eligible costs of new investments that the entrepreneur is obliged to incur, are reduced:
To summarise the rule: the higher the unemployment rate in the district, the lower the required amount of investment.
Detailed calculations of the eligible costs of the investment that the entrepreneur is obliged to incur depending on location are presented on the map (the amount of minimum costs to be incurred by the entrepreneur is displayed after clicking a relevant community).
The qualitative criteria are specified in Appendix No. 1 to the Regulation on public aid granted to some entrepreneurs for new investment projects (Dz.U. of 2018 item 1713). To qualify for support, a given investment project must obtain a specified number of points awarded for meeting individual criteria, as provided below:
Criteria are differentiated depending on whether the investor intends to invest in the service sector or the industrial production sector. They are divided into two groups:
The minimum number of obtained points must include at least one point from each group.
Certain criteria must be satisfied in the “period of investment maintenance”. This period is specified in Art. 14.5 of Commission Regulation (EU) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in the application of Articles 107 and 108 of the Treaty (O. J. EU L. of 2014 No. 187, p. 1; amended by: O. J. EU L. of 2015 No. 329, p. 28/1, of 2016 No. 149, p. 10 and of 2017 No. 156, p. 1.):
Regional investment aid
The detailed scope, assessment criteria and method of verifying satisfaction of the criteria is available under this link: “CRITERIA VERIFICATION”.
The list of medium-sized towns with declining social and economic functions is available in the file under this link: “LIST OF TOWNS”.
The procedure for obtaining a Support Decision
It is recommended for the entrepreneur intending to apply for issuing a Support Decision to contact us first. This will allow us to obtain necessary information and conduct a preliminary evaluation of the project eligibility (e.g. whether the proposed scope of activity is subject to support), to discuss procedures and many other important aspects concerning support. Those conversations may result in the entrepreneur’s submission of a Letter of intent, in which the investment intentions will be expressed formally. Additionally, the submission of a letter of intent will allow the given project to be entered into the records maintained by the Ministry of Economy. Such an entry means official initiation of the procedure to issue a Support Decision and if the Council of Ministers should suspend issuing new support decisions, this will not apply to projects already entered into the records.
Another step is submitting an application for issuing a Support Decision drawn up in accordance with the model attached as Appendix No. 2 to the Regulation on public aid granted to some entrepreneurs for new investment projects (Dz.U. of 2018 item 1713). The model application can be downloaded by clicking this link: “MODEL APPLICATION FOR ISSUING A SUPPORT DECISION”. The following documents must be attached to the application:
Additional documents to be attached to the application for a Support Decision:
After submission, the application shall be examined by W-M SSE S.A. according to administrative procedures. In justified cases, an applicant may be asked to supplement the application.
If the application satisfies all legal requirements, the Support Decision is issued. Should a Support Decision be rejected, the application procedure is concluded.