ANNEX ISME DEFINITION

Article 1Enterprise

An enterprise is considered to be any entity engaged in an economic activity, irrespective of its legal form. This includes, in particular, self-employed persons and family businesses engaged in craft or other activities, and partnerships or associations regularly engaged in an economic activity.

Article 2Staff headcount and financial thresholds determining enterprise categories

1

The category of micro, small and medium-sized enterprises (‘SMEs’) is made up of enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million.

2

Within the SME category, a small enterprise is defined as an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million.

3

Within the SME category, a micro-enterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.

Article 3Types of enterprise taken into consideration in calculating staff numbers and financial amounts

1

An ‘autonomous enterprise’ is any enterprise which is not classified as a partner enterprise within the meaning of paragraph 2 or as a linked enterprise within the meaning of paragraph 3.

2

‘Partner enterprises’ are all enterprises which are not classified as linked enterprises within the meaning of paragraph 3 and between which there is the following relationship: an enterprise (upstream enterprise) holds, either solely or jointly with one or more linked enterprises within the meaning of paragraph 3, 25 % or more of the capital or voting rights of another enterprise (downstream enterprise).

However, an enterprise may be ranked as autonomous, and thus as not having any partner enterprises, even if this 25 % threshold is reached or exceeded by the following investors, provided that those investors are not linked, within the meaning of paragraph 3, either individually or jointly to the enterprise in question:

a

public investment corporations, venture capital companies, individuals or groups of individuals with a regular venture capital investment activity who invest equity capital in unquoted businesses (business angels), provided the total investment of those business angels in the same enterprise is less than EUR 1 250 000;

b

universities or non-profit research centres;

c

institutional investors, including regional development funds;

d

autonomous local authorities with an annual budget of less than EUR 10 million and less than 5 000 inhabitants.

3

‘Linked enterprises’ are enterprises which have any of the following relationships with each other:

a

an enterprise has a majority of the shareholders' or members' voting rights in another enterprise;

b

an enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

c

an enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered into with that enterprise or to a provision in its memorandum or articles of association;

d

an enterprise, which is a shareholder in or member of another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders' or members' voting rights in that enterprise.

There is a presumption that no dominant influence exists if the investors listed in the second subparagraph of paragraph 2 are not involving themselves directly or indirectly in the management of the enterprise in question, without prejudice to their rights as shareholders.

Enterprises having any of the relationships described in the first subparagraph through one or more other enterprises, or any one of the investors mentioned in paragraph 2, are also considered to be linked.

Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets.

An ‘adjacent market’ is considered to be the market for a product or service situated directly upstream or downstream of the relevant market.

4

Except in the cases set out in paragraph 2, second subparagraph, an enterprise cannot be considered an SME if 25 % or more of the capital or voting rights are directly or indirectly controlled, jointly or individually, by one or more public bodies.

5

Enterprises may make a declaration of status as an autonomous enterprise, partner enterprise or linked enterprise, including the data regarding the thresholds set out in Article 2. The declaration may be made even if the capital is spread in such a way that it is not possible to determine exactly by whom it is held, in which case the enterprise may declare in good faith that it can legitimately presume that it is not owned as to 25 % or more by one enterprise or jointly by enterprises linked to one another. Such declarations are made without prejudice to the checks and investigations provided for by national or Union rules.

Article 4Data used for the staff headcount and the financial amounts and reference period

1

The data to apply to the headcount of staff and the financial amounts are those relating to the latest approved accounting period and calculated on an annual basis. They are taken into account from the date of closure of the accounts. The amount selected for the turnover is calculated excluding value added tax (VAT) and other indirect taxes.

2

Where, at the date of closure of the accounts, an enterprise finds that, on an annual basis, it has exceeded or fallen below the headcount or financial thresholds stated in Article 2, this will not result in the loss or acquisition of the status of medium-sized, small or micro-enterprise unless those thresholds are exceeded over two consecutive accounting periods.

3

In the case of newly-established enterprises whose accounts have not yet been approved, the data to apply is to be derived from a bona fide estimate made in the course of the financial year.

Article 5Staff headcount

The headcount corresponds to the number of annual work units (AWU), i.e. the number of persons who worked full-time within the enterprise in question or on its behalf during the entire reference year under consideration. The work of persons who have not worked the full year, the work of those who have worked part-time, regardless of duration, and the work of seasonal workers are counted as fractions of AWU. The staff consists of:

  1. (a)

    employees;

  2. (b)

    persons working for the enterprise being subordinated to it and deemed to be employees under national law;

  3. (c)

    owner-managers;

  4. (d)

    partners engaging in a regular activity in the enterprise and benefiting from financial advantages from the enterprise.

Apprentices or students engaged in vocational training with an apprenticeship or vocational training contract are not included as staff. The duration of maternity or parental leaves is not counted.

Article 6Establishing the data of an enterprise

1

In the case of an autonomous enterprise, the data, including the number of staff, are determined exclusively on the basis of the accounts of that enterprise.

2

The data, including the headcount, of an enterprise having partner enterprises or linked enterprises are determined on the basis of the accounts and other data of the enterprise or, where they exist, the consolidated accounts of the enterprise, or the consolidated accounts in which the enterprise is included through consolidation.

To the data referred to in the first subparagraph are added the data of any partner enterprise of the enterprise in question situated immediately upstream or downstream from it. Aggregation is proportional to the percentage interest in the capital or voting rights (whichever is greater). In the case of cross-holdings, the greater percentage applies.

To the data referred to in the first and second subparagraph are added 100 % of the data of any enterprise, which is linked directly or indirectly to the enterprise in question, where the data were not already included through consolidation in the accounts.

3

For the application of paragraph 2, the data of the partner enterprises of the enterprise in question are derived from their accounts and their other data, consolidated if they exist. To these are added 100 % of the data of enterprises which are linked to these partner enterprises, unless their accounts data are already included through consolidation.

For the application of the same paragraph 2, the data of the enterprises which are linked to the enterprise in question are to be derived from their accounts and their other data, consolidated if they exist. To these are added, pro rata, the data of any possible partner enterprise of that linked enterprise, situated immediately upstream or downstream from it, unless it has already been included in the consolidated accounts with a percentage at least proportional to the percentage identified under the second subparagraph of paragraph 2.

4

Where in the consolidated accounts no staff data appear for a given enterprise, staff figures are calculated by aggregating proportionally the data from its partner enterprises and by adding the data from the enterprises to which the enterprise in question is linked.

ANNEX IIINFORMATION REGARDING STATE AID EXEMPT UNDER THE CONDITIONS OF THIS REGULATION

PART Ito be provided through the established Commission IT application as laid down in Article 11

Image_r00001

Image_r00002

F1PART IIto be provided through the established Commission IT application as laid down in Article 11

Annotations:
Amendments (Textual)

Please indicate under which provision of the GBER the aid measure is implemented.

Primary objective — General Objectives (list)

Objectives (list)

Maximum aid intensity in % or Maximum annual aid amount in national currency (in full amounts)

SME — bonuses in %

Regional aid — investment aid67 (Art. 14)

□

Scheme

… %

… %

□

Ad hoc aid

… %

… %

Regional aid — operating aid (Art. 15)

□

Transport costs of goods in eligible areas (Art. 15(2)(a))

… %

… %

□

Additional costs in outermost regions (Art. 15(2)(b))

… %

… %

□

Regional urban development aid (Art. 16)

…. national currency

… %

SME aid (Art. 17-18 - 19-20)

□

Investment aid to SMEs (Art. 17)

… %

… %

□

Aid for consultancy in favour of SMEs (Art. 18)

… %

… %

□

Aid to SMEs for participation in fairs (Art. 19)

… %

… %

□

Aid for cooperation costs incurred by SMEs participating in European Territorial Cooperation projects (Art. 20)

… %

… %

SME aid — SMEs' access to finance (Art. 21-22)

□

Risk finance aid (Art. 21)

… national currency

… %

□

Aid for start-ups (Art. 22)

… national currency

… %

□

SME aid — Aid to alternative trading platforms specialised in SMEs (Art. 23)

… %; in case the aid measure takes the form of start-up aid: … national currency

… %

□

SME aid — Aid for scouting costs (Art. 24)

… %

… %

Aid for research, development and innovation (Arts. 25-30)

Aid for research and development projects (Art. 25)

□

Fundamental research (Art. 25(2)(a))

… %

… %

□

Industrial research (Art. 25(2)(b))

… %

… %

□

Experimental development (Art. 25(2)(c))

… %

… %

□

Feasibility studies (Art. 25(2)(d))

… %

… %

□

Investment aid for research infrastructures (Art. 26)

… %

… %

□

Aid for innovation clusters (Art. 27)

… %

… %

□

Innovation aid for SMEs (Art. 28)

… %

… %

□

Aid for process and organisational innovation (Article 29)

… %

… %

□

Aid for research and development in the fishery and aquaculture sector (Art. 30)

… %

… %

□

Training aid (Art. 31)

… %

… %

Aid for disadvantaged workers and workers with disabilities (Arts. 32-35)

□

Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 32)

… %

… %

□

Aid for the employment of workers with disabilities in the form of wage subsidies (Art. 33)

… %

… %

□

Aid for compensating the additional costs of employing workers with disabilities (Art. 34)

… %

… %

□

Aid for compensating the costs of assistance provided to disadvantaged workers (Art. 35)

… %

… %

Aid for Environmental protection (Arts. 36-49)

□

Investment aid enabling undertakings to go beyond Union standards for environmental protection or increase the level of environmental protection in the absence of Union standards (Art. 36)

… %

… %

□

Investment aid for early adaptation to future Union standards (Art. 37)

… %

… %

□

Investment aid for energy efficiency measures (Art. 38)

… %

… %

□

Investment aid for energy efficiency projects in buildings (Art. 39)

… national currency

… %

□

Investment aid for high-efficiency cogeneration (Art. 40)

… %

… %

□

Investment aid for the promotion of energy from renewable sources (Art. 41)

… %

… %

□

Operating aid for the promotion of electricity from renewable sources (Art. 42)

… %

… %

□

Operating aid for the promotion of energy from renewable sources in small scale installation (Art. 43)

… %

… %

□

Aid in the form of reductions in environmental taxes under Directive 2003/96/EC (Art. 44)

… %

… %

□

Investment aid for remediation of contaminated sites (Art. 45)

… %

… %

□

Investment aid for energy efficient district heating and cooling (Art. 46)

… %

… %

□

Investment aid for waste recycling and re-utilisation (Art. 47)

… %

… %

□

Investment aid for energy infrastructure (Art. 48)

… %

… %

□

Aid for environmental studies (Art. 49)

… %

… %

□

Aid schemes to make good the damage caused by certain natural disasters (Art. 50)

Maximum aid intensity

… %

… %

Type of natural disaster

  1. □

    earthquake

  2. □

    avalanche

  3. □

    landslide

  4. □

    flood

  5. □

    tornado

  6. □

    hurricane

  7. □

    volcanic eruption

  8. □

    wild fire

Date of occurrence of the natural disaster

dd/mm/yyyy to dd/mm/yyyy

□

Social aid for transport for residents of remote regions (Art. 51)

… %

… %

□

Aid for broadband infrastructures (Art. 52)

… national currency

… %

□

Aid for culture and heritage conservation (Art. 53)

… %

… %

□

Aid schemes for audiovisual works (Art. 54)

… %

… %

□

Aid for sport and multifunctional recreational infrastructures (Art. 55)

… %

… %

□

Investment aid for local infrastructures (Art. 56)

… %

… %

□

Aid for regional airports (Art. 56a)

… %

… %

□

Aid for maritime ports (Art. 56b)

… %

… %

□

Aid for inland ports (Art. 56c)

… %

… %

In the case of ad hoc regional aid supplementing aid awarded under aid scheme(s), please indicate both the aid intensity granted under the scheme and the intensity of the ad hoc aid.

ANNEX IIIProvisions for the publication of information as laid down in Article 9(1)

Member States shall organise their comprehensive State aid websites, on which the information laid down in Article 9(1) is to be published, in such a way as to allow easy access to the information. Information shall be published in a spreadsheet data format, which allows data to be searched, extracted and easily published on the internet, for instance in CSV or XML format. Access to the website shall be allowed to any interested party without restrictions. No prior user registration shall be required to access the website.

The following information on individual awards as laid down in Article 9(1)(c) shall be published:

  • Name of the beneficiary

  • Beneficiary's identifier

  • Type of enterprise (SME/large) at the time of granting

  • Region in which the beneficiary is located, at NUTS level II68

  • Sector of activity at NACE group level69

  • Aid element, expressed as full amount in national currency70

  • Aid instrument71 (Grant/Interest rate subsidy, Loan/Repayable advances/Reimbursable grant, Guarantee, Tax advantage or tax exemption, Risk finance, Other (please specify))

  • Date of granting

  • Objective of the aid

  • Granting authority

  • For schemes under Articles 16 and 21, name of the entrusted entity, and the names of the selected financial intermediaries

  • Reference of the aid measure.72