R.D. 1055/2014 laying down the rules for the award of grants for 2014 and 2015 are approved.
Royal Decree 1055/2014, of December 12, whereby a cost compensation mechanism of indirect emissions of greenhouse gases for companies in certain industrial sectors and subsectors is considered exposed to a significant risk of creating "carbon leakage" and the rules for granting subsidies for the years 2014 and 2015 (BOE No. 315 of 30.12.2014) are approved.
The object of this Royal Decree establishing a compensation mechanism attributable to emissions of greenhouse gases passed on in electricity prices indirect costs that may benefit the facilities in sectors exposed to a significant risk of ' carbon leakage "and the approval of the regulatory basis for granting the subsidies, as provided in the rules of the European Union and national rules.
Purpose and shape.
- This compensation mechanism, called "compensatory aid for indirect emission costs of CO2 'aims to avoid possible that a beneficiary is exposed to a significant risk of" carbon leakage "if its competitors from third countries not face the same costs of CO2 in electricity prices if the beneficiary can not pass those costs on product prices without losing significant market share.
- This compensation shall take the form of a grant.
The provisions of this Royal Decree shall apply to grants to be convened in 2014 and 2015.
- Shall be eligible for aid governed by this Royal Decree commercial companies in the private sector are included or not in the system of emissions trading, whatever their legal form, are validly constituted at the time of application, performing one or more activities in the sectors producing the products listed in Annex II of the Communication from the Commission (2012 / C 158/04) on Guidelines on certain State aid measures in the context of the trading scheme emission of greenhouse gases, published in the "Official Journal of the European Union 'C number 158 of June 5, 2012 (hereinafter the Guidelines) under the NACE codes that are specified in it.
However, in the annual calls for aid deriving from this Royal Decree always contain the latest relations sectors and products as approved by the European Commission.
- They may not get the status of beneficiary firms that are subject to outstanding recovery order following a previous decision by the European Commission declaring an aid illegal and incompatible with the common market.
- They may not get the status of beneficiary persons or entities who concur some of the circumstances detailed in Article 13.2 of Law 38/2003 of November 17, General Grant.
Applications will be assessed according to compliance with the following criteria:
- Be at risk of carbon leakage, in accordance with paragraphs 15 and 16 of Article 10a of the EU ETS Directive in relation to activities or products defined in Annex II of the Guidelines, by incurring costs indirect CO2 emissions resulting from the production processes and / or have done business with third countries.
- Have proven productive activity during the corresponding periods in which calls derivative royal decree was made.
Deadline for submission of applications.
- The deadline for submission of applications and documentation shall be thirty working days from the day following the publication of the notice in the "Official Gazette", unless it determines a deadline day.
Formalization and filing.
Applications for aid and other documentation to support follow the model established in the call. They will be available since the publication of the notice, the Portal Helps hosted on the website of the Ministry of Industry, where electronic aids necessary be arranged.
See R. D. 1055/2014