January 29, 2016
IMPORTANT Note: On the possibility of funding for companies under Measure 4.2 of POIR
Dear Sirs and Madams,
In reply to inquiries concerning the possibility of funding for companies under Measure 4.2 of POIR, we kindly inform thatthis solution is acceptable under certain conditions set out in this Note.
The valid catalogue of applicants in Measure 4.2 of POIR provides a possibility to apply for funding by research institutions, including scientific institutions referred to in point f) art. 2 section 9 of theAct of April 30, 2010 on the Principles of financing science, ie. other organizational units not listed in points a-e which are established on Polish territory and are organizations conducting research and disseminating knowledge within the meaning of art. 2 section 83 of the Commission Regulation (EU) No 651/2014 of June 17, 2014, declaring certain categories of aid compatible with the internal market, pursuant to articles 107 and 108 of the Treaty (Official Journal of European Union L 187, 26.06.2014, p. 1). There are no obstacles preventing these “other organizational units” from adopting the organizational form of commercial law companies.
If the applicant is a company, it is necessary that the draft prepared by that company fulfils the criteria for the selection of projects in Measure 4.2 of POIR.
We hope that the presented solution will facilitate your ability to apply for funding projects under Measure 4.2 of POIR and will allow for effective implementation of your project.
Package of Application Documentshas been updated and finely tuned. Please read below.
Also, please be informed that, in case you decide to use that solution, it is necessary to obtain an approval from the Ministry of Science and Higher Education, the institution responsible for the Polish Roadmap for Research Infrastructures (PMDIB), for your company to implement a project within PMDIB. This approval is necessary for confirming the identity of the Applicant (entities within the company) with the Beneficiary entered in PMDIB.
What types of companies will be able to apply for funds?
Applications for project funding applications can be submitted bycompanies which are research organizations under art. 2 section 83 of theCommission Regulation (EU) No 651/2014 of June 17, 2014, declaring certain categories of aid compatible with theinternal market pursuant to articles 107 and 108 of the Treaty (Official Journal of European Union L 187, 26.06.2014) and meet the same definition of a research unit under the Act of April 30, 2010 on principles of financing science (Dz. U. 2010 No. 96, item. 615 as amended).
– In accordance with art. 2 paragraph 83 of the Commission Regulation (EU) No 651/2014:
“research and knowledge-dissemination organisation’ means an entity (such as universities or research institutes, technology transfer agencies, innovation intermediaries, research-oriented physical or virtual collaborative entities), irrespective of its legal status (organised under public or private law) or way of financing, whose primary goal is to independently conduct fundamental research, industrial research or experimental development, or to widely disseminate the results of such activities by way of teaching, publication or knowledge transfer. Where such entity also pursues economic activities the financing, the costs and the revenues of those economic activities must be accounted for separately. Undertakings that can exert influence upon such an entity, in the quality of, for example, shareholders or members, may not enjoy a preferential access to its research capacities or to the results generated by it (…)” which means that access to these results may take place only on market conditions.
– Under Article. 2 section 9 of theAct of April 30, 2010, on principles of financing science:
Research organisations – conducting continuous scientific research or development works:
- a) Basic organizational units of universities within the meaning of the statutes of those universities,
- b) scientific units of the Polish Academy of Sciences within the meaning of the Act of April 30, 2010 on the Polish Academy of Sciences (Dz. U. No. 96, item. 619, as amended)
- c) research institutes within the meaning of the Act of April 30, 2010 on research institutes (Dz. U. No. 96, item. 618, as amended)
- d) international scientific institutes established under separate regulations, operating on the Polish territory,
- e) Polish Academy of Learning,
- f) other organizational units not listed in points a-e, with seat on Polish territory, conducting research and disseminating knowledge within the meaning of art. 2 paragraph 83 of Commission Regulation (EU) No 651/2014 of June 17, 2014, declaring certain categories of aid compatible with the internal market pursuant to arts. 107 and 108 of the Treaty (OfficialJournalof European Union L 187, 26.06.2014, p. 1).
To sum up, applications for funds within Measure 4.2 of POIR will be accepted from those companies which are organizations conducting research and disseminating knowledge within the meaning of art. 2 paragraph 83 of the Commission Regulation (EU) No 651/2014…
The composition of such companies may include entrepreneurs contributing the funds within own contribution required in the project (contribution from entrepreneurs who are shareholders in companies will be treated as own contribution of entrepreneurs required in the project). The content of the articles of association, or another legally binding document, should clearly state the contributing shareholder (including an entrepreneur being a part of the company) and the exact amount and form of the required own contribution into the eligible costs of the project so as to enable evaluating the project on account of the criteria related to ensuring a required level of own contribution in the project. The resulting infrastructure will be the property of that company. Moreover, entrepreneurs who are shareholders of the company and who contribute at least 10% of the eligible costs within the economic part of the project shall not be entitled to preferential access referred to in art. 26 section 4 ofCommission Regulation (EU) No 651/2014.