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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 02.02.2018.–30.08.2018.
Amendments not included: 28.08.2018., 16.07.2019., 28.07.2020., 06.07.2021.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

18 April 2017 [shall come into force from 28 April 2017];
31 October 2017 [shall come into force from 9 November 2017];
30 January 2018 [shall come into force from 2 February 2018].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 692
Adopted 25 October 2016

Regulation for the Implementation of the Activity 1.2.1.2 "Support for the Improvement of Technology Transfer System" of the Specific Objective 1.2.1 "To increase investments of private sector in R&D" of the Operational Programme "Growth and Employment"

Issued pursuant to
Section 20, Clauses 6 and 13 of the Law on Management
of European Union Structural Funds and the Cohesion Fund
for the 2014-2020 Programming Period, and Section 7,
Paragraph three of the Law on Aid for the Activities of Start-up Companies

[18 April 2017]

I. General Provisions

1. This Regulation prescribes:

1.1. the procedures by which the Activity 1.2.1.2 "Support for the Improvement of Technology Transfer System" of the Specific Objective 1.2.1 "To increase investments of private sector in R&D" of the Operational Programme "Growth and Employment" (hereinafter - the Activity) shall be implemented;

1.2. the objective of the Activity;

1.3. the funding available for the Activity;

1.4. the requirements for the applicant of a project of the European Regional Development Fund (hereinafter - the project);

1.5. the conditions for the activities to be supported and for the eligibility of costs;

1.6. the conditions for the unilateral notice of an agreement for the implementation of a project;

1.7. the provisions and procedures for the application of simplified costs.

2. The following terms are used in this Regulation:

2.1. research organisation - an entity as defined in Article 2(83) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (Official Journal of the European Union, 26.6.2014, L 187) (hereinafter - Regulation No 651/2014);

2.2. knowledge (technology) transfer - any process which has the aim of acquiring, collecting and sharing knowledge, including skills and competence both in economic and non-economic activities such as research collaborations, consultancy, licensing, spin-off creation, publication, and mobility of researchers and other personnel involved in those activities. Besides scientific and technological knowledge, it includes other kinds of knowledge such as knowledge of the use of standards and regulations embedding them and on conditions of real life operating environments and methods for organisational innovation, as well as management of knowledge related to identifying, acquiring, protecting, defending and exploiting intangible assets. Any profit from those activities is re-invested in the principal activities of the research organisation or research infrastructure;

2.3. commercialisation strategy - a description of a specific product or technology in which consecutive steps are indicated for the product or technology development from the concept to introduction into the market, as well as the choice between granting the right to use the industrial property to another person (licence contract, patent selling) or establishing a new enterprise on the basis of a scientific development, and it is recommended what information should be prepared for attracting the attention of the potential licensees or investment funds and offering development or technology to them;

2.4. commercialisation offer - a description of a specific product or technology developed (contains information regarding the sales market of such technology and the market share, protection of the product or technology, protection status of the industrial property, advantages of the product or technology in relation to other competing products or technologies, marketing strategy) the aim of which is to provide sufficient information to the potential licensee or investor for it to be able to take a favourable decision on the acquisition of the licence or patent, or on investments into the product or technology offered;

2.5. effective collaboration - collaboration conforming to Article 2(90) of Regulation No 651/2014;

2.6. new product - goods and services that are completely new or that have improved functional properties and the intended type of use which is new or improved at the level of the enterprise;

2.7. new software product is:

2.7.1. research and development in order to develop new theorems and algorithms of theoretical computer science;

2.7.2. development of information technologies as well as development of operating systems, programming languages, data control, communication software and software at the level of tools;

2.7.3. development of the Internet technology;

2.7.4. research of software design, development, expansion or maintenance methods;

2.7.5. development of software which improves general methods for the acquisition, transmission, storage, acquisition from data storage systems, use and depiction of information;

2.7.6. experimental development in order to obtain the missing technological knowledge necessary for the development of software or systems;

2.7.7. research and development of software tools or technologies in dedicated field of computer science (image processing, depiction of geographical data, text recognition, artificial intellect, etc.);

2.8. new technology - changes in technology, hardware and software which improve the process of manufacture or provision of services or methods which are new or improved at the level of the enterprise;

2.9. linked project - a project implemented within the scope of the Activity 1.1.1.1 "Practical Research" of the Specific Objective 1.1.1 "To increase research and innovative capacity and ability of scientific institutions of Latvia to attract external funding by investing in human resources and infrastructure" of the Operational Programme "Growth and Employment" as a result of implementation of which the results are used as the basis for implementing the technology transfer and research applications referred to in Sub-paragraph 31.1 of this Regulation;

2.10. [18 April 2017].

3. Within the meaning of this Regulation the following shall not be considered a new product or technology:

3.1. discontinuation of the use of any part of the process;

3.2. replacement of the capital (acquisition of modules identical to the modules used, extensions not causing improvements to the specification, hardware and software updates);

3.3. variations caused by changes in the price of components (variations in the price or productivity of the manufacturing process of the product are not product innovation, for example, when the price of a microchip reduces in manufacturing of computers, reduction in sales prices of a computer of the same model);

3.4. adjustment of products for specific purpose (for example, a customised solution for a specific client);

3.5. regular, seasonal and cyclic changes and improvements (for example, creation of a new seasonal collection in the field of clothing manufacture is not considered an innovation);

3.6. further sale of goods or processes of other manufacturers;

3.7. aesthetical variations, flavour and olfactory variations, and other improvements for the purpose of marketing which do not change the functions, use or technical properties;

3.8. improvement of organisational processes in activities of the enterprise;

3.9. in the field of software:

3.9.1. development of software and information system to be used in entrepreneurship;

3.9.2. aid to existing systems;

3.9.3. converting and translation of computer languages;

3.9.4. supplementation of programmes with a new functionality for users;

3.9.5. debugging of systems;

3.9.6. adjustment of an existing software;

3.9.7. preparation of user documentation.

4. The objective of the Activity is, by providing a contribution to the achievement of the objectives of the Smart Specialisation Strategy of Latvia, to support the development of the competence of the research result commercialisation in State research organisations, promoting commercialisation of the research results owned by such research organisations both in Latvia and in foreign countries in order to increase the income of research organisations from commercialisation of the research results or to transform the research results into successful entrepreneurship, to promote innovation activities in micro, small and medium sized enterprises by providing aid to them through the transfer of technologies for the development of new or significantly improved products or technologies, as well as to promote the establishment of start-up companies in Latvia, including by ensuring activity of the representative of Latvia in foreign countries by promoting research, and use of innovative ideas, products or processes in economic activity - commercialisation of research products.

[31 October 2017]

5. The target group of the Activity is enterprises and research organisations.

6. The total eligible funding planned for the Activity is EUR 42 352 941, including funding from the European Regional Development Fund - EUR 34 500 000, funding from the State budget - EUR 6 088 235, and private co-funding - EUR 1 764 706. The total eligible funding for implementation of the Activity in the project application is planned in the amount not exceeding EUR 20 294 118, including funding from the European Regional Development Fund - in the amount of EUR 17 250 000 (amount of reserve EUR 17 250 000) and funding from the State budget - in the amount of EUR 3 044 118 (amount of reserve EUR 3 044 117), anticipating the plan of outcome indicators according to the amount referred to in Paragraph 8 of this Regulation.

7. From 1 January 2019 the Responsible Institution may propose to increase the total eligible funding available for the Activity up to the maximum planned amount referred to in Paragraph 6 of this Regulation according to a decision of the European Commission on the execution of the performance framework.

8. The indicators to be achieved within the scope of the Activity:

8.1. contribution to achieving the result-based indicator of the Specific Objective 1.2.1 "To increase investments of private sector in R&D" - private investments attracted for research and development - EUR 265 680 000;

8.2. outcome indicators:

8.2.1. the number of supported commercialisation projects of the research results - 100, including until 31 December 2018 15 commercialisation projects of the research results have been supported;

8.2.2. the number of supported enterprises which receive grants - 320, including until 31 December 2018 48 enterprises which receive grants have been supported;

8.2.3. the number of supported enterprises which receive support in order to place new products on the market - 320, including until 31 December 2018 48 enterprises which receive support have been supported in order to release new products into the market;

8.3. specific outcome indicator - number of newly created products and technologies in supported undertakings after receipt of aid (actual values) - has been accumulated;

8.4. financial indicator - until 31 December 2018 expenses in the amount of EUR 6 352 941 have been certified.

[18 April 2017]

9. The Activity shall be implemented in the form of restricted selection of project applications. Submitting of project applications shall be announced once and for all the funding available for the Activity.

10. The functions of the Responsible Institution shall be carried out by the Ministry of Economics (hereinafter - the Responsible Institution).

11. The Co-operation Institution shall take a decision to approve, conditionally approve or reject a project application within one month from the final project application submission date which is specified in the project application selection regulations.

II. Requirements for the Project Applicant

12. Within the scope of the Activity a project applicant is an institution of direct administration the purpose of activity of which is to promote competitiveness and export capacity of Latvian undertakings in international markets, to promote an increase in the amount of foreign investments, to implement the State policy for tourism development and the State policy in the field of innovations.

13. The project applicant may submit a project application only for the implementation of the activities to be supported and specified in Chapters III, IV, and V of this Regulation.

14. The project applicant shall prepare a project application according to the project application selection regulations and submit it to the Co-operation Institution through the information system for the management of the Cohesion Policy Funds.

III. Promotion and Co-ordination of the Technology Transfer Process

15. Within the scope of this Activity the project applicant referred to in Paragraph 12 of this Regulation shall ensure the establishment of the Joint Technology Transfer Centre (hereinafter - the Centre) for the implementation of the project.

16. Within the scope of the Centre technology transfer shall be promoted and public procurement shall be performed by the competent personnel according to that indicated in the project implementation strategy referred to in Paragraph 19 of this Regulation.

17. The Centre shall implement the following activities:

17.1. the activities to be supported which are implemented by the personnel referred to in Paragraph 16 of this Regulation:

17.1.1. monitoring of the results of State research programmes of the Ministry of Education and Science and other applied research projects and programmes in order to identify opportunities of commercialisation in timely manner;

17.1.2. analysis of the research results owned by a research organisation in order to identify opportunities of commercialisation, including initial assessment of the potential for the research result commercialisation;

17.1.3. participation in the implementation of the activity to be supported and referred to in Sub-paragraph 35.1 of this Regulation in order to ensure supervisory, control and verification functions;

17.1.4. creation of interest and cooperation between the persons who would potentially commercialise the ideas for research developments and research organisations regarding commercialisation of the research results owned thereby;

17.1.5. provision of information and consultations to research organisations, researchers and enterprises on the transfer of technologies and innovations, including on available support instruments;

17.1.6. ensurance of the commercialisation of the research results of public research organisations and operation of the patenting foundation;

17.1.7. ensurance of the innovation voucher support services to micro, small and medium sized enterprises;

17.1.8. creation of an information system for the accumulation of data and information within the scope of the activities to be supported and referred to in Sub-paragraphs 17.1.1, 17.1.6, 17.1.7, 17.1.11 and 17.1.12 of this Regulation;

17.1.9. cooperation with organisations and participation in non-economic projects which promote the achievement of the objective of the Activity, as well as promotion of the commercialisation of technology transfer and research results;

17.1.10. shaping international of Latvia's image abroad in the field of innovation, including by promoting establishment of start-up companies and recognition thereof in Latvia and foreign countries, by providing information and organising promotional events of start-up companies and participating in them, by facilitating attraction of investors to start-up companies, by developing marketing and publicity events in order to inform the public of the current events in the field of start-up companies, by organising seminars and trainings;

17.1.11. performance of the functions of the administrating institution determined for the aid of operation of start-up companies in order to attract highly qualified employees;

17.1.12. promotion of the participation of start-up companies in exhibitions and conferences, and also direct visits to a potential investor or cooperation partner in foreign countries. The Centre shall develop the procedures for granting the aid specified in this Paragraph to start-up companies and co-ordinate them with the Responsible Institution;

17.1.13. identification of the needs of enterprises in order to identify potential fields for cooperation with research organisations by promoting transfer of knowledge and technologies;

17.1.14. ensuring of the activity of a representative of Latvia in foreign countries in order to promote the activities referred to in Sub-paragraph 17.1.10;

17.2. activities to be supported which are implemented in the form of outsourcing:

17.2.1. research of the international demand of technology market and identification of potentially rapidly growing innovative and scientifically rich technology segments, and provision of recommendations to research organisations on the potential research directions and commercialisation potential;

17.2.2. raising awareness of research organisations of the policy on technology transfer and industrial property management, management of licence contracts and other ways of transferring the intellectual property;

17.2.3. [18 April 2017];

17.2.4. development of future scenarios for the development of research, innovations and technologies, inter alia, for the determination of priority research, development and innovation fields, using the participation and dialogue methods and modelling (foresight methodology). The results achieved within the scope of the activity to be supported and referred to in this Sub-paragraph shall be available to the public, and they shall provide a contribution to the implementation of the Smart Specialisation Strategy and its monitoring system.

[18 April 2017; 31 October 2017]

18. Direct eligible costs:

18.1. for the implementation of the activities to be supported and referred to in Sub-paragraph 17.1 of this Regulation:

18.1.1. the remuneration costs of the project implementation personnel, including work remuneration, mandatory State social insurance contributions, benefits, and compensations. Remuneration costs shall be considered to be a part of the project implementation costs, if employees dedicate at least 30 % of their working hours to the project implementation for at least one month, and it is indicated in the working time recording system or in the working time recording table;

18.1.2. costs of a work trip, including an official travel, are eligible in accordance with the laws and regulations regarding the procedures for reimbursing the expenses relating to official travels and work trips of employees;

18.1.3. the registration fee specified by an organiser of an international exhibition, the participation fee specified by the direct organiser for participation in an international exhibition, matchmaking, and trade mission;

18.1.4. the participation fee specified by the organiser for participation in a conference (seminar);

18.1.5. the activities referred to in Sub-paragraphs 17.1.1, 17.1.2, and 17.1.4 of this Regulation have eligible costs of translation services;

18.1.6. insurance (for example, health, life, vehicle, property, equipment, civil liability) costs of the time period of project implementation the necessity of which is laid down in the laws and regulations of the Republic of Latvia;

18.1.7. costs of the necessary outsourcing (for example, training, expert consultations, legal services, attraction of technology transfer specialists, manufacture of research, marketing materials, marketing activities and other outsourcing) and supply costs;

18.1.8. the value added tax, if the beneficiary is not able to completely or partly recover it in accordance with the relevant laws and regulations in the field of taxes and duties;

18.1.9. computer software and its licences in accordance with the laws and regulations in the field of classification of budgetary costs;

18.1.10. for the implementation of the activities referred to in Sub-paragraph 17.1.9 of this Regulation - membership fee of organisations;

18.1.11. for the implementation of the activities referred to in Sub-paragraph 17.1.12 of this Regulation:

18.1.11.1. costs of an official travel (work trip) are eligible for not more than two persons in accordance with the laws and regulations regarding the procedures for reimbursing the expenses relating to official travels and work trips of employees. The time when the activity takes place and in addition not more than two days shall be included in the total number of days of the official travel. Eligible costs of an official travel (work trip) shall include:

18.1.11.1.1. the daily allowance;

18.1.11.1.2. the expenses related to the use of hotel (accommodation) services (including additional costs specified by the service provider without which it is not possible to purchase the principal service). The expenses of hotel (accommodation) services are eligible only for those nights which conform to the number of days spent on the official travel. The expenses of hotel (accommodation) services are also eligible when using services of intermediaries if the services do not include a commission. If hotel (accommodation) services are purchased by using services of the economically most advantageous intermediary, in order to ascertain that the commission of the intermediary is not covered, the payments made to the direct service providers, the commission of the intermediary, the value added tax, and other information necessary for the verification of costs must be indicated separately in the invoice of the intermediary;

18.1.11.1.3. the costs which are related to the use of international and intercity public transport of economy class (including additional costs specified by the service provider without which it is not possible to purchase the principal service) up to the specific final destination and back to the permanent workplace, as well as the fee for transit if several work trips are planned. Road (transport) expenses shall be eligible also when using services of intermediaries if the services do not include a commission. If road (transport) services are purchased by using services of the economically most advantageous intermediary, in order to ascertain that the commission of the intermediary is not covered, the payments made to the direct service providers, the commission of the intermediary, the value added tax, and other information necessary for the verification of costs must be indicated separately in the invoice of the intermediary;

18.1.11.2. the costs specified by the organiser of the international exhibitions or conference, and also the costs of additional services related to the exhibition or conference (the registration fee, exposition area, lease of a stand, technical equipment, Internet, electricity, costs of the cleaning of the stand and costs related to the placement of the information in the catalogue of the exhibition);

18.1.11.3. the value added tax, if the enterprise is not able to completely or partly recover it in accordance with the relevant laws and regulations in the field of taxes and duties;

18.1.12. within the framework of the activities referred to in Sub-paragraph 17.1.14 of this Regulation, the following cost items shall be eligible (refer to the organiser of the abovementioned activity):

18.1.12.1. the costs of communication and information system services;

18.1.12.2. the lease, maintenance and public utilities costs of premises;

18.1.12.3. the remuneration costs, supplement for a diplomatic rank and allowances and compensations specified in the laws and regulations regarding diplomatic and consular service (except for a premium and monetary prize);

18.1.12.4. the State social insurance costs;

18.1.12.5. the costs of office supplies (including the costs of information carriers and representation materials);

18.1.12.6. the costs of an official travel (including the transport, accommodation and daily allowance costs);

18.1.12.7. the costs of marketing activities, costs of developing a marketing plan, manufacturing and publication of marketing materials (including the costs of preparation, translation, layout), costs of material distribution and placement in different data carriers (for example, brochures, booklets, posters, Internet and printed media, flash memory, CD, DVD), organisational and participation costs of seminars and conferences, presentation expenses, payment to consultants;

18.1.12.8. the costs (the participation fee, exposition area, lease of a stand, technical equipment, Internet, electricity, costs of cleaning the stand and costs related to the placement of the information in the catalogue of the exhibition) specified by the organiser of the exhibition (except for the exhibition where national stands are organised);

18.1.12.9. the costs of ensuring the development of the design of the stand, manufacture of the stand, lease, installation and operation of the stand (except for the exhibitions in which national stands are organised) during an exhibition;

18.1.12.10. the costs of transporting the stand, technical equipment, marketing materials, presentation and tasting materials to and from the place of venue of the exhibition (except for the exhibitions in which national stands are organised), and costs of loading, unloading and storage;

18.1.12.11. the costs of organising the visits of journalists in Latvia (including costs of leasing the premises, interpreting, guides, transport, hotel (accommodation), catering, visits to undertakings);

18.1.12.12. the costs of the outsourcing necessary for the activities promoting entrepreneurship;

18.2. for the implementation of the activities to be supported and referred to in Sub-paragraph 17.2 of this Regulation:

18.2.1. the costs of marketing activities, the costs of developing a marketing plan, making (including preparation, translation, mock-up costs) and distribution of publications and marketing materials, the fee for the placement of materials in different data carriers (for example, brochures, booklets, posters, Internet and printed media, flash memory, CD, DVD), the organisational and participation costs of seminars, competitions and conferences, presentation expenses, payment to consultants;

18.2.2. the costs of other necessary services (for example, training, expert consultations, legal services, attraction of technology transfer specialists, research) and supply costs;

18.2.3. the value added tax, if the beneficiary is not able to completely or partly recover it in accordance with the relevant laws and regulations in the field of taxes and duties.

[18 April 2017; 31 October 2017]

19. The beneficiary shall implement the activities to be supported and referred to in Paragraph 17 of this Regulation according to the project implementation strategy which contains detailed information on the project implementation plan, objectives, problems of technology transfer and commercialisation environment in Latvia and their solutions, the requirements for the personnel of the Centre, its work tasks and functions, as well as the indicators to be achieved in order to ensure the achievement of the objective referred to in Paragraph 4 of this Regulation. The project implementation strategy shall be appended to the project application.

20. The aid intensity for the implementation of the activities to be supported and referred to in Paragraph 17 of this Regulation shall be 100 %, taking into account that the funding of the European Regional Development Fund is not more than 85 % from the total eligible funding of the project.

21. For the administration of the activities to be supported and referred to in Paragraph 17 of this Regulation, the project management costs of the beneficiary - remuneration costs of the project management personnel for the planning, co-ordination and control of the activities to be performed within the scope of the project, including also costs of ensuring the project documentation, costs of organising and controlling the project procurements - shall be eligible. Remuneration costs shall be considered to be a part of the project implementation costs, if employees dedicate at least 30 % of their working hours to the project implementation for at least one month and it is indicated in the working time recording system or in the working time recording table. The maximum amount of the funding for the project management costs shall be not more than EUR 56 580 per year.

22. Indirect costs of the project shall be eligible for the beneficiary according to the flat rate of costs in the amount of 15 % of the eligible costs of the personnel referred to in Sub-paragraph 18.1.1 and Paragraph 21 of this Regulation.

IV. Ensuring Commercialisation of the Research Results of Public Research Organisations and Operation of the Patenting Foundation

23. The Centre shall establish an independent commission for the evaluation of technology transfer research applications and non-economic research applications for the implementation of the activity to be supported and referred to in Sub-paragraph 17.1.6 of this Regulation. The composition of the commission shall include representatives with voting rights from:

23.1. the Investment and Development Agency of Latvia;

23.2. the Ministry of Economics;

23.3. the Ministry of Education and Science;

23.4. organisations representing Latvian employers, sectoral enterprises and health sector;

23.5. the Latvian Council of Science;

23.6. the Latvian Academy of Sciences.

[18 April 2017]

24. Representatives of other institutions may also be invited within the scope of the commission for the evaluation of technology transfer research applications and research applications of non-economic nature.

25. The commission for the evaluation of technology transfer research applications and research applications of non-economic nature shall evaluate and provide recommendations on granting the aid funding referred to in Paragraph 30 of this Regulation for the activities to be supported and referred to in Paragraphs 35 and 37 of this Regulation for the aid beneficiaries referred to in Paragraph 29 of this Regulation.

26. The decision to grant the aid funding referred to in Paragraph 30 of this Regulation for the implementation of the activities referred to in Paragraph 33 of this Regulation shall be taken by the beneficiary according to the procedures for granting aid developed by the beneficiary. The beneficiary shall enter into a cooperation contract with the research organisation referred to in Paragraph 29 of this Regulation prior to submission of a technology transfer research application or a research application of non-economic nature.

27. The decision to grant the aid funding referred to in Paragraph 30 of this Regulation for the implementation of the activities referred to in Paragraphs 35 and 37 of this Regulation shall be taken by the beneficiary according to the procedures for granting aid developed by the beneficiary and the recommendation referred to in Paragraph 25 of this Regulation. The beneficiary shall enter into a cooperation contract with the research organisation referred to in Paragraph 29 of this Regulation prior to submission of a technology transfer research application or a research application of non-economic nature.

28. The beneficiary shall draw up the by-laws of the commission for the evaluation of technology transfer research applications and research applications of non-economic nature, the criteria for the evaluation of applications, and the evaluation methodology according to the strategy referred to in Paragraph 19 of this Regulation.

28.1 Within the scope of the activity referred to in Sub-paragraph 17.1.2 and 17.1.7 of this Regulation, the personnel referred to in Paragraph 16 of this Regulation may attract an expert included in the European Commission database of experts with suitable education, professional experience and competence.

[31 October 2017]

28.2 The beneficiary shall co-ordinate the criteria for the evaluation of the research application referred to in Paragraph 28 of this Regulation with the Responsible Institution.

[18 April 2017]

29. Research organisations that are institutions of higher education registered with the Register of Scientific Institutions of the Ministry of Education and Science, which are derived public persons, agencies of such institutions of higher education and units of institutions of higher education, as well as scientific institutions that are derived public persons, may apply for aid within the scope of the foundation referred to in Sub-paragraph 17.1.6 of this Regulation.

30. The amount of aid for one technology transfer research application and research application of non-economic nature shall be up to EUR 300 000 with the maximum permissible aid intensity for one project up to 90 %. The funding referred to in this Paragraph may be received:

30.1. for the activities to be supported and referred to in Paragraph 33 of this Regulation, if such activities have not been performed for the research results referred to in Sub-paragraph 31.2 of this Regulation;

30.2. for the technology transfer activities to be supported and referred to in Paragraph 35 of this Regulation, if a commercialisation strategy and technical-economic feasibility study has been drawn up as defined in Article 2(87) of Regulation No 651/2014;

30.3. for the research activities of non-economic nature to be supported and referred to in Paragraph 37 of this Regulation, if a commercialisation strategy and technical-economic feasibility study has been drawn up as defined in Article 2(87) of Regulation No 651/2014.

[31 October 2017]

31. The funding referred to in Paragraph 30 of this Regulation may be received by research organisations in order to continue the development of technology transfer and research projects which conform to all of the following conditions:

31.1. the technology transfer and research application is a project of non-economic nature within the scope of which the research organisation implements its activities of non-economic nature;

31.2. the basis for technology transfer application and research application of non-economic nature is the results of previously conducted research projects which are related to independent research and development in order to acquire more knowledge and better understanding, including joint research and development performed in effective cooperation. If the results have been acquired in effective cooperation, the research organisation shall present a contractual certification from the research partners on its right to such intellectual property and the right to use it for conducting further research, as well as to alienate such intellectual property;

31.3. the principal activity of the research organisation does not fall within the scope of operation specified in Article 107(1) of the Treaty on the Functioning of the European Union, and the ways of expressing the principal activity of the research organisation are as follows:

31.3.1. educational activities in order to achieve increase in the number and qualification of personnel;

31.3.2. independent research and development in order to acquire more knowledge and better understanding, including joint research and development upon the research organisation becoming involved in effective cooperation;

31.3.3. dissemination of the research results without exclusivity and discrimination, including by using teaching, free access databases, open publications or open source code software;

31.3.4. knowledge and technology transfer activities, if they are performed by a department of the research organisation or a subsidiary undertaking of the research organisation (such commercial company in which the participation of the parent undertaking exceeds 50 per cent or in which the parent undertaking has majority of votes and which conforms to the definition of a research organisation referred to in Sub-paragraph 2.1 of this Regulation), or the research organisation together with other research organisations, or the research organisation with the third parties, entering into contracts in an open competition regarding specific services, and any profit from such activity is re-invested in the principal activities of the research organisation;

31.4. if the research organisation enters into intellectual property alienation contracts (patent alienation or licence contracts) with a licensee, it receives such remuneration for any economic advantages transferred to the licensee which is equivalent to the market price of the intellectual property rights. Remuneration shall be considered equivalent to the market price, if it may be documentarily proved in one of the following ways:

31.4.1. the sum of remuneration is determined, using open, transparent and non-discriminating competition-based sales procedure;

31.4.2. the research organisation or research infrastructure as the seller may prove that it has reached an agreement for compensation in circumstances of honest competition in order to obtain the maximum economic benefit at the moment when the contract is entered into;

31.5. the beneficiary performs financial analysis to determine the amount of funding deficit which is applicable to financing from public resources in accordance with the conditions of Article 61(7)(b) and 65(8) of the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (hereinafter - Regulation No 1303/2013 of the Parliament and of the Council), if, as a result of the implementation of the research application referred to in Sub-paragraph 31.1 of this Regulation or the associated project, revenue is obtained from the knowledge and technology transfer acquired within the scope of the project, and the total sum of eligible costs of the research application referred to in Sub-paragraph 31.1 of this Regulation or the associated project exceed EUR 1 000 000. The investments and revenue of the technology transfer and research application referred to in Sub-paragraph 31.1 of this Regulation and the investment and revenue of the linked project (if applicable) shall be indicated in the financial analysis;

31.6. the income which is obtained by the research organisation for commercialisation of such projects which are co-financed by the foundation referred to in Sub-paragraph 17.1.6 of this Regulation, must be re-invested in the principal activity of the research organisation;

31.7. the research organisation ensures clear separation of the financial flow of the implementation of the technology transfer and research application of non-economic nature from other financial flows of the operation of the research organisation during the implementation of the project and for five years after the implementation of the project;

31.8. upon implementing a technology transfer and non-economic research application, separate accounting of the revenue and expenses of the economic transactions related to implementation of the project, as well as separation of the financial flows related to activities and their implementation is ensured in accordance with the laws and regulations regarding the procedures by which financial aid (financial assistance) of the State, local governments, the European Union, other international organisations and authorities, donations, and gifts in cash or in kind shall be presented in financial statements.

[18 April 2017]

32. In order to avoid overlapping, within the scope of the non-economic research application referred to in Paragraph 30 of this Regulation the level of readiness of technology (in accordance with the international standard ISO 16290:2013) at the beginning of the application shall be the consecutively next level of readiness of technology (in accordance with the international standard ISO 16290:2013) after the level of readiness of technology of the previously conducted research project referred to in Sub-paragraph 31.2 of this Regulation (in accordance with the international standard ISO 16290:2013) at the end of the research project.

33. Within the scope of the condition referred to in Sub-paragraph 30.1 of this Regulation the funding is granted to the following activities to be supported:

33.1. to the development of a commercialisation strategy by involving the relevant sector;

33.2. to the feasibility study as defined in Article 2(87) of Regulation No 651/2014.

[18 April 2017]

34. The eligible costs for the implementation of the activities to be supported and referred to in Paragraph 33 of this Regulation:

34.1. outsourcing and supply costs for the implementation of the activity to be supported and referred to in Sub-paragraph 33.1 of this Regulation;

34.2. direct eligible costs of feasibility studies to be implemented within the scope of the Activity (the costs are eligible only insofar as they apply to that particular project):

34.2.1. remuneration costs of the project implementation personnel, including work remuneration, mandatory State social insurance contributions, benefits, and compensations. Remuneration costs shall be considered to be eligible if the personnel involved in the project has dedicated at least 30 % of working hours to the project implementation and it is indicated in the working time recording system or in the working time recording table. If the personnel involved in the project has dedicated less than 30 % of working hours to the project, the remuneration costs shall be made according to hourly tariff rate by taking into account the number of hours worked and only work remuneration of the employee without supplements and disbursements of social guarantees shall be eligible;

34.2.2. costs of an official travel (work journey) are eligible for not more than five persons in accordance with the laws and regulations regarding the procedures for reimbursing the expenses related to official travels and work journeys of employees. The time when the Activity takes place and in addition not more than three days shall be included in the total number of days of the official travel. Eligible costs of an official travel (work journey) shall include:

34.2.2.1. the daily allowance;

34.2.2.2. the expenses related to the use of hotel (accommodation) services (including additional costs specified by the service provider without which it is not possible to purchase the principal service). The expenses of hotel (accommodation) services are eligible only for those nights which conform to the number of days spent on the official travel. The expenses of hotel (accommodation) services are also eligible using services of intermediaries if the services do not include a fee. If hotel (accommodation) services are purchased using services of the economically most advantageous intermediary, in order to ascertain that an intermediation fee is not covered, the payments made to the direct service providers, the intermediation fee, the value added tax, and other information necessary for verification of costs must be indicated separately in the invoice of the intermediary;

34.2.2.3. the costs which are related to the use of public transport of economy class (including additional costs specified by the service provider without which it is not possible to purchase the principal service) up to the specific final destination and back to the permanent workplace as well as fee for transit if several work journeys are planned. Road and transport expenses shall be eligible also when using services of intermediaries if these services do not include a fee. If road and transport services are purchased using services of the economically most advantageous intermediary, in order to ascertain that the intermediation fee is not covered, the payments made to the direct service providers, the intermediation fee, the value added tax, and other information necessary for the verification of costs must be indicated separately in the invoice of the intermediary. This Sub-paragraph shall not be applied to the international trade missions organised by the Investment and Development Agency of Latvia in which the highest public officials participate;

34.2.2.4. the expenses of transporting luggage up to the site of exhibition, conference or seminar and back to the permanent workplace, as well as fee for transit. If services for transportation of luggage are purchased using services of the economically most advantageous intermediary in order to ascertain that an intermediation fee is not covered, the payments made to the direct service providers, the intermediation fee, the value added tax, and other information necessary for verification of costs must be indicated separately in the invoice of the intermediary;

34.2.2.5. the insurance costs of an official travel and costs of the one-entry individual or group visa for not more than five persons. If services for insurance of an official travel and receipt of a visa are purchased using services of the economically most advantageous intermediary, in order to ascertain that an intermediation fee is not covered, the payments made to the direct service providers, the intermediation fee, the value added tax, and other information necessary for verification of costs must be indicated separately in the invoice of the intermediary;

34.2.3. depreciation costs of the premises, tools and installations owned by implementers of research insofar as they are used for activities of a research application of non-economic nature. Depreciation costs of the premises, tools and installations are not covered if aid within the scope of another aid measure or project has already been received for their acquisition or creation;

34.2.4. the rental fee for tools, installations and their equipment insofar as they are used for activities of the feasibility study;

34.2.5. the planned costs of materials (physical, biological, chemical and other materials, trial animals, reagents, chemicals, laboratory vessels, medicinal products for research) and their supply insofar as they are used in implementation of the feasibility study;

34.2.6. costs of other outsourcing which is purchased by the implementer from the third parties if the relevant services are used solely to perform the feasibility study;

34.3. costs which are related to the management costs of a feasibility study application (remuneration costs of the management personnel for planning, co-ordination and control of the activities to be performed within the scope of the application, including also fee for ensuring the application documentation in accordance with the requirements laid down in the legal acts of the European Union and national level, costs of organising and control of procurements for the application). Remuneration costs shall be considered to be a part of the application management costs, if employees dedicate at least 30 % of their working hours to the implementation of the application for at least one month and it is indicated in the working time recording system or in the working time recording table;

34.4. unforeseen expenses for covering the costs referred to in Sub-paragraph 34.2 of this Regulation in the amount of not more than 5% from the amount of direct and indirect research costs of the application. The unforeseen expenses which exceed the 5% threshold referred to in this Sub-paragraph, shall be considered additional expenses or rise in prices which has occurred during implementation of the project, the application implementer shall cover them from his or her own resources;

34.5. indirect costs according to the single rate of costs in the amount of 15% from the costs referred to in Sub-paragraphs 34.2.1 and 34.3 of this Regulation;

34.6. the value added tax, if it cannot be completely or partly recovered in accordance with the relevant laws and regulations in the field of taxes and duties.

[18 April 2017; 31 October 2017; 30 January 2018/ See Paragraph 38.1]

35. The funding for the implementation of the condition referred to in Sub-paragraph 30.2 of this Regulation is granted for the following activities to be supported for the implementation of technology transfer applications of the applicants referred to in Paragraph 29 of this Regulation:

35.1. for participation in international exhibitions, matchmaking, conferences (seminars) in foreign countries, individual visits (if an individual visit is provided for by the commercialisation strategy) and for participation in the national stands and trade missions organised by the Investment and Development Agency of Latvia for the purpose of commercialisation of the technologies and intellectual property developed thereby;

35.2. for strengthening of industrial ownership rights - for preparation, registration of patent applications for an invention and maintaining in effect thereof for up to four years after granting of the rights (but not later than until expiry of the term for implementation of the project referred to in Paragraph 73 of this Regulation);

35.3. for preparation of a commercialisation offer, including for attraction of experts for promoting the commercialisation offer in the market (if it is provided for in the commercialisation strategy);

35.4. for attraction of experts for the preparation of licence contracts and other contracts for transfer of intellectual property.

36. The eligible costs for the implementation of the activities to be supported and referred to in Paragraph 35 of this Regulation:

36.1. outsourcing and supply costs for the implementation of the activity to be supported and referred to in Sub-paragraphs 35.3 and 35.4 of this Regulation;

36.2. the registration fee specified by the organiser of the international exhibition, the participation fee specified by the direct organiser for participation in the international exhibition, matchmaking and trade mission;

36.3. the participation fee specified by the organiser for participation in a conference (seminar) which takes place abroad;

36.4. the rental fee specified by the organiser of the international exhibition or conference (seminar) for a stand structure and exposition area;

36.5. the costs of an official travel (work journey) in accordance with the conditions referred to in Sub-paragraph 34.2.2 of this Regulation;

36.6. the insurance (health, life, vehicle, property, equipment, civil liability) costs of the time period of implementation of a technology transfer application the necessity for which is determined by the laws and regulations of the Republic of Latvia. If the technology transfer application does not include all term of validity of the relevant insurance, such part of the insurance costs shall be included in the eligible costs which conforms to the term of operation of the technology transfer application;

36.7. the costs of patent attorneys included in the lists of professional parent attorneys for preparation of patent applications for an invention;

36.8. the costs of maintaining in effect of an invention patent and a patent application;

36.9. the registration costs of invention patents;

36.10. the costs which are related to the management costs of a technology transfer application (remuneration costs of the management personnel for planning, co-ordination and control of the activities to be performed within the scope of the application, including also fee for ensuring the application documentation, costs of organising and control of procurements for the application). Remuneration costs shall be considered to be a part of the application management costs, if employees dedicate at least 30 % of their working hours to the implementation of the application for at least one month and it is indicated in the working time recording system or in the working time recording table;

36.11. the value added tax, if it cannot be completely or partly recovered in accordance with the relevant laws and regulations in the field of taxes and duties.

[18 April 2017; 31 October 2017]

37. The funding for the implementation of the condition referred to in Sub-paragraph 30.3 of this Regulation is granted to the following activities to be supported for further implementation of non-economic research applications of the applicants referred to in Paragraph 29 of this Regulation:

37.1. for industrial research as defined in Article 2(85) of Regulation No 651/2014 which are based on the results of previously conducted research projects;

37.2. for experimental development as defined in Article 2(86) of Regulation No 651/2014 which is based on the results of previously conducted research projects.

38. The eligible costs for the implementation of the activities to be supported and referred to in Paragraph 37 of this Regulation:

38.1. direct eligible costs of research applications of non-economic nature to be implemented within the scope of the Activity (the costs are eligible insofar as they apply to a particular project):

38.1.1. remuneration costs of the project implementation personnel, including work remuneration, mandatory State social insurance contributions, benefits, and compensations. Remuneration costs shall be considered to be eligible if the personnel involved in the project has dedicated at least 30 % of working hours in the project and it is indicated in the working time recording system or in the working time recording table. If the personnel involved in the project has dedicated less than 30 % of working hours to the project, the remuneration costs shall be made according to hourly tariff rate by taking into account the number of hours worked and only work remuneration of the employee without supplements and disbursements of social guarantees shall be eligible;

38.1.2. the costs of an official travel (work journey) in accordance with the conditions referred to in Sub-paragraph 34.2.2 of this Regulation;

38.1.3. the rental fee for tools, installations and their equipment insofar as they are used for the research activities;

38.1.4. the planned costs of materials (physical, biological, chemical and other materials, trial animals, reagents, chemicals, laboratory vessels, medicinal products for research), scientific literature and low-value inventory and their supply insofar as they are used in implementation of a research application of non-economic nature;

38.1.5. the depreciation costs of the premises, tools and installations owned by implementers of research insofar as they are used for a non-economic research application. Depreciation costs of the premises, tools and installations are not covered, if aid within the scope of another aid measure or project has already been received for their acquisition or creation;

38.1.6. the insurance (health, life, vehicle, property, equipment, civil liability) costs of the time period of implementation of the project the necessity for which is determined by the laws and regulations of the Republic of Latvia. If the project does not include all term of validity of the relevant insurance, such part of the insurance costs shall be included in the eligible costs which conforms to the term of operation of the research application;

38.1.7. other outsourcing costs which are procured by the research implementer from the third parties, if the relevant services are used only for the performance of research activities;

38.2. costs which are related to the management costs of a research application of non-economic nature (remuneration costs of the project management personnel for planning, co-ordination and control of the activities to be performed within the scope of the project, including also fee for ensuring the application documentation in accordance with the requirements laid down in the legal acts of the European Union and national level, costs of organising and control of procurements). Remuneration costs shall be considered to be a part of the application management costs, if employees dedicate at least 30 % of their working hours to the implementation of the research application for at least one month and it is indicated in the working time recording system or in the working time recording table;

38.3. unforeseen expenses for covering the costs referred to in Sub-paragraph 38.1 of this Regulation in the amount of not more than 5 % of the amount of direct and indirect research costs of the research application. The unforeseen expenses which exceed the 5 % threshold referred to in this Sub-paragraph, shall be considered additional expenses or rise in prices which has occurred during the implementation of a research application of non-economic nature, the implementer of the research application shall cover them from his or her own resources;

38.4. indirect costs according to the single rate of costs in the amount of 15 % of the costs referred to in Sub-paragraphs 38.1.1 and 38.2 of this Regulation.

[31 October 2017; 30 January 2018/ See Paragraph 38.1]

38.1 The costs referred to in Sub-paragraph 34.2.1 and 38.1.1 of this Regulation shall be eligible starting from 1 June 2017.

[30 January 2018]

39. The activities to be supported and referred to in Paragraphs 33, 35, and 37 of this Regulation shall be implemented by the beneficiaries referred to in Paragraph 29 of this Regulation, in conformity with the procurement procedures specified in the laws and regulations in the field of public procurements (if applicable) or the laws and regulations regarding the procurement procedures and the procedures for application thereof for projects financed by the commissioning party (if applicable).

[18 April 2017]

V. Ensuring of Innovation Voucher Support to Micro, Small and Medium sized Enterprises

[31 October 2017]

40. The objective of innovation voucher support is to promote the innovation activity in micro, small- and medium-sized enterprises with the support to the development of new or substantially improved products or technologies by technology transfer and highly-qualified employees which provides a contribution to achieving the objectives of the Smart Specialisation Strategy.

[31 October 2017]

41. Within the scope of the activity to be supported and referred to in Sub-paragraph 17.1.7 of this Regulation implementation of the following activities shall be implemented:

41.1. feasibility study - for an evaluation and analysis of a potentially new product or technology in order to objectively and rationally survey the strengths, weaknesses, opportunities and threats of the new product or technology, as well as to determine the resources necessary for its implementation and the chances of implementation;

41.2. industrial research which is necessary for the development of new products or technologies - for planned research or critical research the objective of which is to obtain new knowledge and techniques to be used for the development of new products or technologies or for a substantial improvement of existing products or technologies (industrial research include the creation of the necessary components of complex systems);

41.3. experimental development, including making of prototypes - for obtaining scientific statements, technological, commercial or other significant knowledge or skills, combining, modelling or using thereof for the creation of new, altered or improved products or technologies, or for activities the objective of which is to conceptually define, plan and document new products or technologies. The funding for experimental development shall not be granted for regular or usual changes which are introduced in products, production lines, manufacturing processes, services or other operations during the process of the Activity, even if such changes mean improvements;

41.4. development of the industrial design of the product - for the development of aesthetic and functional solution of the product, concurrently improving or creating an engineering, use, ergonomic and brand development solution. The industrial design of the product is significantly improved in comparison to the designs of existing products or other products in the market and create the advantages of competitiveness;

41.5. corroboration of the industrial property rights for the following objects of industrial property: invention patent, design sample and topography of semi-conductor articles. Corroboration of the industrial property rights shall also include activities which are related to the registration procedure of the industrial property object, except the activities which are related to licensing, transfer of the rights to other persons and settlement of disputes;

41.6. certification and testing services of a new product or technology;

41.7. attraction of highly qualified employees - for solving specific research activities, technological problems or for development of new or significantly improved products or technologies.

42. Aid for the activities referred to in Paragraph 41 of this Regulation may be received by an enterprise registered with the Commercial Register of the Register of Enterprises of the Republic of Latvia which conforms to the status of a micro, small- or medium-sized enterprise as defined in Annex 1 to Regulation No 651/2004 (hereinafter - the enterprise).

43. The beneficiary shall ensure the activities referred to in Sub-paragraphs 41.1. 41.2, 41.3, 41.4, 41.5 and 41.6 of this Regulation for the enterprises referred to in Paragraph 42 of this Regulation in the form of outsourcing in accordance with the laws and regulations in the field of public procurements.

43.1 The activity to be supported and referred to in Sub-paragraph 41.7 of this Regulation is implemented in accordance with the laws and regulations in the field of aid to start-up companies.

[18 April 2017]

44. The enterprise may receive aid for the activity referred to in Sub-paragraph 41.7 of this Regulation, if it conforms to the conformity criteria of a start-up company which are specified in the laws and regulations in the field of aid to start-up companies.

[18 April 2017]

45. Aid to the activity referred to in Sub-paragraph 41.7 of this Regulation shall be eligible in conformity with the following requirements:

41.5. a highly-qualified employee is attracted, conforming to at least one of the following indications:

45.1.1. the employee has a corresponding higher education - at least master's degree or education equivalent (including education acquired abroad) thereto in natural sciences, mathematics, information technologies, engineering sciences and technologies, manufacturing and processing as well as in design in accordance with the laws and regulations regarding classification of education in Latvia;

45.1.2. the employee has professional experience of at least three years in the relevant speciality or field in which employment of the relevant employee is planned;

45.2. the employee attracted is not a member of the board of directors of another enterprise, as well as is not employed with another enterprise either on the basis of an employment contract or a contract for work performance;

45.3. the employee attracted is ensured with work remuneration which exceeds the average work remuneration in the country in comparison with the previous reporting year;

45.4. the employee attracted is not an employee of a direct administration institution or an indirect administration institution;

45.5. the employee attracted is not a civil servant.

[18 April 2017]

46. The costs of the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, and 41.4 of this Regulation shall be eligible, if they are ensured by research organisations which conform to at least one of the following conditions:

46.1. the research organisation is an institution of higher education registered with the Register of Scientific Institutions of the Ministry of Education and Science which is derived public person, an agency of such institution of higher education or a unit of institution of higher education, as well as scientific institution which is a derived public person;

46.2. the participants (owners, co-owners, managers) of the research organisation are public persons or are co-funded from public resources, and the research organisation is registered in a European Union Member State, European Economic Area state or the Swiss Confederation;

46.3. the research organisation is registered with the Register of Scientific Institutions of the Ministry of Education and Science, and it has been granted evaluation 4 or 5 according to the international evaluation of the science of Latvia performed by the Ministry of Education and Science.

[18 April 2017]

46.1 The costs of the activity referred to in Sub-paragraph 41.5 of this Regulation shall be eligible, if they are ensured in a European Union Member State, European Economic Area state or the Swiss Confederation:

46.1 1. by registered institutions the competence of which includes registration of the legal entities of industrial property listed in Sub-paragraph 41.5 of this Regulation;

46.1 2. registered patent attorneys included in the list of professional patent attorneys.

[18 April 2017]

46.2 The costs of the activity referred to in Sub-paragraph 41.6 of this Regulation shall be eligible for enterprises, if they are ensured by the following institutions accredited by the national accreditation bureaus in a European Union Member State, European Economic Area state or the Swiss Confederation:

46.2 1. product certification institutions;

46.2 2. testing and calibration laboratories.

[18 April 2017]

47. For the implementation of the activity referred to in Sub-paragraph 41.7 of this Regulation the personnel costs - remuneration for the employee attracted (work remuneration, including sick pay (sick-leave certificate A which is paid by the employer), annual leave, additional leave and leave compensation) and the State social insurance mandatory contributions performed by the employer, as well as other payments to be performed mandatorily, specified in the laws and regulations, for the benefit of the employee - shall be eligible. The costs of a leave, additional leave and leave compensation shall be considered eligible, if they have been made for the period of implementation of the activity to be supported).

48. [18 April 2017]

49. The total available eligible funding within the scope of the activity to be supported and referred to in Sub-paragraph 17.1.7 of this Regulation shall be EUR 11 764 705.64. The total available funding for the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5 and 41.6 of this Regulation shall be EUR 8 235 294, the total available funding for the activity referred to in Sub-paragraphs 41.7 of this Regulation shall be EUR 3 529 411.76.

50. Granting of aid for the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5 and 41.6 of this Regulation is implemented in the form of an open call for aid applications. Aid applications are evaluated according to the criteria for the evaluation of aid applications drawn up by the beneficiary, the evaluation procedures (methodology) which contain information on the way of choosing, granting and accounting aid to commercial activity for enterprises in accordance with the strategy referred to in Paragraph 19 of this Regulation.

[18 April 2017]

50.1 The beneficiary shall co-ordinate the criteria for the evaluation of aid applications referred to in Paragraph 50 of this Regulation with the Responsible Institution.

[18 April 2017]

50.2 Aid applications within the scope of the activity to be supported and referred to in Sub-paragraph 41.7 of this Regulation are evaluated in accordance with the laws and regulations in the field of applying and administering aid programmes of start-up companies and the criteria laid down in this Regulation.

[18 April 2017]

51. Decisions to grant aid for the implementation of the activities to be supported and referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5, and 41.6 of this Regulation shall be taken by the beneficiary according to the procedures for granting aid developed by the abovementioned beneficiary and the evaluation results referred to in Paragraph 50 of this Regulation.

[18 April 2017]

51.1 Decisions to grant aid for the implementation of the activities to be supported and referred to in Sub-paragraph 41.7 of this Regulation shall be taken in accordance with the laws and regulations in the field of evaluation of the activity of start-up companies.

[18 April 2017]

52. The maximum term for implementation:

52.1. for the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5, and 41.6 of this Regulation shall be 12 months from the day when the decision to grant aid was taken, but not longer than until 30 June 2022;

52.2. for the activity referred to in Sub-paragraph 41.7 of this Regulation shall be 12 months from the day when the decision to grant aid was taken, but not longer than until the day when five years have passed since the registration moment of the enterprise and not longer than until 30 June 2022.

53. The minimum amount of co-funding of an aid application is not specified. The maximum amount of co-funding of an aid application for one group of linked persons of the enterprise shall not exceed EUR 25 000 for the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5, and 41.6 of this Regulation.

[31 October 2017]

54. The maximum permissible intensity of funding for one aid application:

54.1. for the activities referred to in Sub-paragraphs 41.1, 41.2, 41.3, 41.4, 41.5, and 41.6 of this Regulation shall be 60 % from the outsourcing costs excluding the value added tax and 100 % for the value added tax part of outsourcing costs which is paid by the beneficiary referred to in Paragraph 12 of this Regulation;

54.2. for the activity referred to in Sub-paragraph 41.7 of this Regulation shall be 45 % from the costs referred to in Paragraph 47 of this Regulation.

54.1 The maximum permissible intensity of funding for the costs referred to in Sub-paragraph 18.1.11 of this Regulation shall be 70 per cent.

[31 October 2017]

55. The enterprise may apply for the receipt of aid:

55.1. if the new product or technology has justified demand and such advantages have been identified which can increase the competitiveness and productivity of the enterprise;

55.2. if the enterprise has drafted business and development plan for a new product or technology from the development of a new product or technology up to introduction and production.

56. The enterprise referred to in Paragraph 40 of this Regulation may not apply for receipt of aid, if:

56.1. any of the provisions for the exclusion of project applicants specified in Section 23 of the Law On Management of European Union Structural Funds and the Cohesion Fund for the 2014-2020 Programming Period are applicable to the project applicant at the time of granting aid;

56.2. it has provided false information within the scope of this Activity or intentionally misled regarding implementation of the projects co-funded by European Union Structural Funds and the Cohesion Fund.

57. If a sector in which the enterprise is operating is not eligible for aid, but it has applied for receipt of aid in the sector to be supported, the enterprise shall clearly separate the financial flows related to implementation of the activity to be supported from financial flows of other sectors during implementation of the activities referred to in Paragraph 41 of this Regulation and for three years after implementation of such activities.

58. Within the scope of the Activity the enterprise may submit an unlimited number of aid applications, and one application shall not exceed the maximum available amount of co-funding referred to in Paragraph 53 of this Regulation. The enterprise may implement each next aid application consecutively after the previous approved aid application has been completed, a decision to reject the previous aid application has been taken or a statement has been provided that the conditional conditions included in the decision to approve aid application have not been met.

59. Together with the application for the receipt of aid, the enterprise shall submit a certification that it will submit reports to the Central Statistical Bureau on research, development and innovation costs within the time periods and in the form specified by the Central Statistical Bureau during the period of implementation of the activities to be supported and referred to in Paragraph 41 of this Regulation and for three years after the implementation of such activities.

60. The costs of the activities referred to in Paragraph 41 of this Regulation shall be eligible, if the results of such activities (values to be audited) on the day of submitting the final report are in the ownership of the enterprise.

61. Linked persons conform to the definition specified in Article 3(3) of Annex 1 to Regulation No 651/2014.

62. If additional expenses or rise in prices occurs during implementation of the activities referred to in Paragraph 41 of this Regulation, the enterprise shall cover them from its own resources.

63. The enterprise shall ensure information and publicity measures which are specified in Sub-paragraph 2.2 of Annex 12 to Regulation No 1303/2013 of the Parliament and of the Council and in the laws and regulations by which conformity with the communication and visual identity requirements shall be ensured in introduction of European Union Structural Funds and the Cohesion Fund in the 2014-2020 Programming Period.

64. The beneficiary has the right to unilaterally withdraw from the agreement entered into for the provision of aid to the implementation of the activities referred to in Sub-paragraph 17.1.12 and Paragraph 41 of this Regulation in any of the following cases:

64.1. the enterprise does not fulfil the agreement for the receipt of aid; that includes failure to conform to the specified deadlines or other circumstances which negatively affect or may affect the achievement of the specific objective, its outcome indicators or result based-indicators;

64.2. the enterprise has intentionally provided false information to the beneficiary;

64.3. in other cases provided in the agreement for the receipt of aid.

[31 October 2017]

65. Upon evaluating the final report on the implementation of the activity referred to in Paragraph 41 of this Regulation, the beneficiary has the right to request additional information from the enterprise.

VI. Conditions for the Implementation of the Project and Receipt of the Funding

66. Within the scope of the Activity such costs are ineligible which are not related to implementation of the project activities to be supported and costs regarding which the beneficiary is not able to present documents certifying the utilisation of the financial resources, except for the documents regarding the indirect costs referred to in Paragraph 22, Sub-paragraphs 34.5 and 38.4 of this Regulation.

67. The Responsible Institution may perform evaluation of the project introduction and of the indicators achieved in the interim and final period of the project introduction.

68. Upon implementing projects, the beneficiary:

68.1. shall ensure information and publicity measures which are specified in Sub-paragraph 2.2 of Annex 12 to Regulation No 1303/2013 of the Parliament and of the Council and in the laws and regulations regarding the procedures by which conformity with the communication and visual identity requirements shall be ensured in introduction of European Union Structural Funds and the Cohesion Fund in the 2014-2020 programming period;

68.2. shall post current information on the implementation of the project on its website not less than once in three months;

68.3. shall ensure record-keeping of the funding related to the implementation of the project;

68.4. shall ensure record-keeping of the indicators to be achieved in Paragraph 8 of this Regulation;

68.5. shall accumulate information on newly created products and technologies in enterprises supported according to the information to be indicated in payment requests of beneficiaries which conforms to the laws and regulations regarding performing checks in the 2014-2020 programming period of European Union Structural Funds and the Cohesion Fund;

68.6. shall accumulate information regarding newly created products and technologies, as well as regarding enterprises engaged in the field of eco-innovations.

[18 April 2017]

69. The Co-operation Institution has the right to unilaterally withdraw from the agreement entered into in any of the following cases:

69.1. the beneficiary does not fulfil the agreement for the implementation of the project; that includes failure to conform to the deadlines specified in the project or other circumstances which negatively affect or may affect the achievement of the specific objective, its outcome indicators or result based-indicators;

69.2. in other cases which are provided in the agreement for the implementation of the project.

70. The beneficiary shall perform procurements which are necessary for the implementation of the activities to be supported and referred to in this Regulation in accordance with the laws and regulations in the field of public procurements. Integration of environmental requirements in procurements (green public procurement) shall be supported.

70.1 In contracts which are entered into with suppliers and service providers in conformity with the costs referred to in Sub-paragraphs 18.1.2, 18.1.3, 18.1.4, 18.1.7 and 18.1.10 of this Regulation, the advance payments may be intended up to 100 per cent of the amount of the relevant contract in conformity with the criteria for the determination of the amount of advance developed by the Centre.

[31 October 2017]

71. Such activities which may be considered as the aid for commercial activity, for example, any direct or indirect assistance to enterprises which might cause obstacles to competition, ensuring advantages to specific enterprises or manufacturing of specific goods or services, are not supported within the scope of Chapters III and IV of this Regulation.

72. The beneficiary shall submit an interim report to the Responsible Institution once a year after the end of the current year.

73. The specific aid project shall be implemented according to an agreement, but not longer than until 31 December 2022.

74. The Republic of Latvia is the site of the project implementation.

75. The costs referred to in this Regulation for the beneficiary shall be eligible from 1 April 2016.

VII. Advisory Council of the Activity and its Tasks

76. The beneficiary shall ensure the establishment of the advisory council. The composition of the advisory council shall include representatives from:

76.1. the Investment and Development Agency of Latvia;

76.2. the Consortium of Technological Universities and Institutions of Higher Education of Latvia;

76.3. the Latvian Academy of Sciences;

76.4. the Latvian Council of Science;

76.5. the State Association of Scientific Institutes;

76.6. the Latvian Association of Young Scientists;

76.7. the Employers' Confederation of Latvia;

76.8. the Latvian Chamber of Commerce and Industry.

[18 April 2017]

77. The task of the advisory council referred to in Paragraph 76 of this Regulation shall be to develop the project implementation strategy referred to in Paragraph 19 of this Regulation and to provide proposals for the improvement of the strategy.

[18 April 2017]

78. The advisory council referred to in Paragraph 76 of this Regulation shall co-ordinate the project implementation strategy referred to in Paragraph 19 of this Regulation with the Ministry of Education and Science and the Responsible Institution prior to submitting the project application to the Co-operation Institution.

79. During the project implementation the responsible institution may evaluate the project implementation strategy referred to in Paragraph 19 of this Regulation, but the advisory council referred to in Paragraph 76 of this Regulation according to a statement of the Responsible Institution may perform corresponding corrections to the project implementation strategy, co-ordinating the changes with the Co-operation Institution.

VIII. Conditions Related to Receipt of Aid for Commercial Activity

80. Aid to enterprises for the activities referred to in Sub-paragraph 17.1.12 and Paragraph 41 of this Regulation shall be provided in accordance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (hereinafter - Commission Regulation No 1407/2013) and the laws and regulations regarding the procedures for accounting and granting of the de minimis aid and sample forms for the accounting of the de minimis aid, and it shall be regarded as the aid to an enterprise for commercial activity.

[31 October 2017]

81. The beneficiary shall verify in relation to the enterprise prior to granting the de minimis aid whether the amount of the funding together with the de minimis aid granted in the relevant fiscal year and preceding two fiscal years does not exceed the maximum amount of the de minimis aid specified in Article 3(2) of Commission Regulation No 1407/2013. The amount of the de minimis aid is evaluated at the level of one single undertaking.

82. One single undertaking is an enterprise which conforms to the definition provided in Article 2(2) of Commission Regulation No 1407/2013.

83. The enterprise, in conformity with Article 5(1) and (2) of Commission Regulation No 1407/2013, may cumulate the de minimis aid with another de minimis aid up to the relevant threshold value specified in Article 3(2) of Commission Regulation No 1407/2013, as well as may cumulate aid of other countries in relation to the same eligible costs or aid of other countries to the same risk funding activity, if such cumulation does not result in exceeding the relevant maximum aid intensity or amount of aid which is specified in the State aid programme or a decision of the European Commission.

84. The beneficiary may take a decision to grant the de minimis aid in accordance with Commission Regulation No 1407/2013 until the end of operation of this Regulation or until 30 June 2021.

85. The beneficiary and the enterprise shall ensure access to information for 10 years, counting from the day of granting aid, as defined in Article 6(4) of Commission Regulation No 1407/2013.

86. The beneficiary shall not grant the de minimis aid to the enterprise, if the de minimis aid is related to any of the sectors and activities specified in Article 1(1) of Commission Regulation No 1407/2013 and to any of the sectors not to be supported and referred to in Annex to this Regulation.

87. If the enterprise is concurrently operating in one or several sectors not to be supported and performs activities not to be supported or other activities which fall within the scope of the operation of Commission Regulation No 1407/2013, the beneficiary of the de minimis aid shall ensure separation of activities or costs of such sectors in accordance with Article 1(2) of Commission Regulation No 1407/2013.

88. Prior to granting the de minimis aid, the beneficiary shall verify whether the enterprise does not have tax or duty debts, including a debt of the mandatory State social insurance contributions the total sum of which exceed EUR 150, according to the information available in the database of debtors of taxes (duties) administered by the State Revenue Service.

Prime Minister Māris Kučinskis

Deputy Prime Minister,
Minister for Economics Arvils Ašeradens

 

Annex
Cabinet Regulation No. 692
25 October 2016

Sectors and Activities for Eligible for Aid

I. Trade sector

According to Section G "Wholesale and retail trade; repair of motor vehicles and motorcycles" of NACE Rev. 2, except for Group 45.2 "Maintenance and repair of motor vehicles".

II. Financial intermediation sector

According to Section K "Finance and insurance activities" of NACE Rev. 2.

III. Sector of commercial services

According to Section L "Real estate activities" and Division 77 "Rental and leasing activities" of NACE Rev. 2.

IV. Gambling sector

According to Section R "Arts, recreation and entertainment" and Division 92 "Gambling and betting activities" of NACE Rev. 2.

Deputy Prime Minister,
Minister for Economics Arvils Ašeradens

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Darbības programmas "Izaugsme un nodarbinātība" 1.2.1. specifiskā atbalsta mērķa "Palielināt privātā .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 692Adoption: 25.10.2016.Entry into force: 09.11.2016.Publication: Latvijas Vēstnesis, 218, 08.11.2016. OP number: 2016/218.2
Language:
LVEN
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