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Welsh Assembly Government Support for Entrepreneurship Scheme State Aid Reference No

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Welsh Assembly Government Support for Entrepreneurship Scheme State Aid Reference No Welsh Assembly Government Support for Entrepreneurship Scheme State aid reference no: 1. Member State United Kingdom 2. Region Wales 3. Title of Aid Scheme Welsh Assembly Government Support for Entrepreneurship Scheme 4. Legal basis Powers of the Welsh Ministers which allow the Welsh Assembly Government to administer the scheme are contained in: • the Welsh Development Agency Act 1975 (section 1) (as amended); • the Housing Grants, Construction and Regeneration Act 1996 (section 126); and • the Industrial Development Act 1982 (sections 7 and 8) The legislation which gives effect to EC Law in Wales is: • the European Communities Act (1972) (section 2 (1)) • the Government of Wales Act 2006 (section 80) 5. EC legal basis All aid provided under this Scheme will be within the limits set out in Articles 14 or 16 of Commission Regulation (EC) 800/2008 (General Block Exemption Regulation)1 Summary information relating to the Scheme has been registered with the Commission under reference xx/xxxx 6. Definitions In this Scheme, the following expressions have the meanings assigned below: “Small enterprise” means an enterprise that falls within the criteria and parameters of the definition of micro and small-sized enterprises contained in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC), which took effect on 1 January 20052 “Assisted Area” means any of the regions in Wales designated as an 87 (3) (a) or 87 (3) (c) area as identified in the Regional Aid Map 2007-2013 (please refer to Annex 1 for further information). “The Regional Aid Map” means the map approved by the Commission for the UK and published in accordance with paragraph 101 of the Guidelines on National Regional Aid for 2007-2013 (2006/C 54/08). “Non-assisted areas” means any of the regions in Wales not designated as an 87(3) (a) or 87 (3) (c) area as identified in the Regional Aid Map 2007-2013. “Wage cost” means the total amount actually payable by the beneficiary of the aid in respect of the employment concerned comprising gross wage, compulsory contributions and child care and parent costs. “Enterprise newly created by female entrepreneurs’” means a small enterprise where at least 51% of the capital is owned by one or more women or women are the registered owners of the enterprise and a woman is in charge of the management of the enterprise. 1 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:214:0003:0047:EN:PDF 2 http://europa.eu/eur-lex/pri/en/oj/dat/2003/l_124/l_12420030520en00360041.pdf See also the New SME Definition User Guide and Model Declaration http://ec.europa.eu/enterprise/enterprise_policy/sme_definition/sme_user_guide.pdf 7. Objective of the scheme The overall aim of the Scheme is to promote and encourage entrepreneurship and to improve the survivability of start ups created in Wales and also ensure they achieve growth potential through the provision of support to new start ups. Assistance will be provided to boost the levels of small company start ups in Assisted Areas of Wales and to encourage small company start ups by women in all areas of Wales. 8. Government body authorised to implement the Scheme Welsh Assembly Government 9. Scope of the scheme The Scheme will be open to all small newly created enterprises in Assisted Areas of Wales and to small newly created enterprises set up by female entrepreneurs throughout Wales excluding those operating in the following sectors3: • Coal Sector; • Steel sector (see footnote 3); • Synthetic fibres (see footnote 3); • Shipbuilding (see footnote 3); • Fisheries and aquaculture sector; • Organisations from the Agriculture sector engaged in the primary production of Agricultural products; or • Organisations from the Agriculture sector engaged in the processing and marketing of agricultural products when (1) the amount of aid is fixed on the basis of the price or quantity of such products purchased from primary producers or put on the market by the small enterprise concerned or (2) the aid is conditional on being partly or entirely passed on to primary producers; Definitions of the sectors are set out in Annex 2 In addition, aid will not be allowed for the following activities: • aid to export related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current costs linked to the export activity; or • aid contingent upon the use of domestic over imported goods 3 Whilst the steel, synthetic fibres and shipbuilding sectors are excluded from aid for newly created enterprises (Assisted Areas) they can receive support for newly created enterprises set up by female entrepreneurs (all Wales) Aid may not be given where the proposed recipient of the aid is: • subject to an outstanding order for the recovery of aid which has been declared by the Commission to be illegal and incompatible with the common market; or • “a firm in difficulty” within the meaning of Chapter 2 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004, p.2). 10. Date and period of the Scheme Support under this Scheme may be granted until 31st December 2013 11. Budget for aid under the Scheme The scheme will be administered by a number of Departments within the Welsh Assembly Government. Funding will be allocated on a discretionary basis from Departmental annual budgets and Structural funds as appropriate. It is anticipated that the maximum annual budget for expenditure under this scheme will be £5million. 12. Form of aid All aid awarded under the Scheme will be transparent and in line with criteria set out in Articles 14 or 16 of the General Block Exemption Regulation. Aid may be awarded by way of: • grants; • interest rate subsidies; • loans; and • repayable advances 13. Eligible activities to be supported under the Scheme The Scheme supports newly created enterprises in assisted areas of Wales and newly created enterprises set up by women in all areas of Wales. Detailed descriptions of the eligible activities that can be supported are set out in Schedules 1 and 2. Schedule 1: support for newly created small enterprises in assisted areas Schedule 2: support for newly created small enterprises set up by female entrepreneurs Each schedule provides details of the eligible costs4, the relevant aid intensities and maximum amount of support that can be awarded under the Scheme. 14. Incentive effect Aid recipients must demonstrate that the aid is required for projects to proceed. Funding will not be awarded where the activity has already started before an application for support is made. 15. Cumulation In determining whether the individual notification thresholds and the maximum aid intensities are respected, the total amount of public support for the activity or project shall be taken into account, regardless of whether that support is financed from local, regional, national or Community sources. Aid provided under this Scheme will not be cumulated with other forms of aid nor with aid classed as de minimis aid5 in regard to the same eligible costs if the result would breach the aid intensities set out in schedules 1 and 2. 16. Monitoring and reporting requirements All recipients of aid under the Scheme will be informed that aid has been provided under the Scheme, registered under xx/xxxx pursuant to Article 14 or 16 of Commission Regulation (EC) No 800/2008 (General Block Exemption Regulation). Records will be kept for 10 years from the date of the last award of aid under the Scheme. Records will be sufficiently detailed to establish that the conditions of the scheme are met, to include confirmation of enterprise status (newly created small enterprise) and eligibility of supported costs. An annual report on the expenditure under this Scheme will be provided to the Commission. Contact information: Welsh Assembly Government Plas Glyndwr Kingsway Cardiff CF10 3AH United Kingdom 4 Eligible costs must be transparent and directly and exclusively related to the project being funded 5 Aid fulfilling the conditions laid down in Commission Regulation (EC) No 1998/2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. Tel: + 44 (0)29 20 368061 Fax: +44 (0)29 20 368010 Schedule 1: Support for newly created small enterprises in Assisted Areas This schedule sets out the objective of the aid, details of the eligible costs, the relevant aid intensities and the maximum amount of support that can be awarded under the scheme before direct notification to the Commission is required. 1. Support for newly created enterprises in Assisted Areas This measure is aimed at increasing the number of new start ups in Wales by providing support in relation to their start up costs and running costs for the first 5 years after creation 2. Eligible costs The eligible costs under the Scheme are the following: Costs directly related to the Creation of the small enterprise: - Legal, advisory, consultancy and administrative costs directly related to the creation of the small enterprise; The following operating costs of the enterprise for the first five years after creation - interest on external finance and dividend on own capital not exceeding the reference rate; - fees for renting production facilities/equipment - energy, water, heating, taxes (other than VAT and corporate taxes on business income) and administrative charges; - depreciation, fees for leasing production facilities/equipment as well as wage costs, provided that the underlying investments or job creation and recruitment measures have not benefited from other aid 3. Aid intensities applicable The following aid intensities will apply: Article 87(3)(a) areas Article 87(3)(c) areas Maximum Allowable aid intensity: First 3 years 35% of eligible costs 25% of eligible costs Following 2 years 25% of eligible costs 15% of eligible costs 4.
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