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Block Exemption Regulation
Guidelines for the funding of projects by promoters from the cultural and creative industries
Bayerische Haushaltsordnung: Bürgerservice - BayHO: Budgetary Regulations of the Free State of Bavaria (Bayerische Haushaltsordnung - BayHO) dated December 8, 1971 (BayRS IV p. 664) BayRS 630-1-F (Art. 1-117) (gesetze-bayern.de)
General ancillary provisions for grants for project funding
General Data Protection Regulation
Regulation on de minimis aid: EU Regulation 2023/2831 on the application of de minimis aid
1. the intention and funding purpose of the guideline:
The guideline was established for the following purposes and is intended to contribute to the
- Developing and strengthening the Bavarian cultural and creative industries both in urban centers and in rural regions and thus increasing the competitiveness of the Bavarian cultural and creative industries,
- Exchange between all submarkets and sectors of the Bavarian cultural and creative industries and the networking of creative professionals from different submarkets (support for networking),
- Promotion of cross-innovation (cross-industry and cross-disciplinary cooperation between creative professionals, companies, cultural institutions and (art) universities (for example in innovation labs) and consolidation of cultural and creative industry ecosystems),
- Increasing the visibility of creative services.
Eligible for funding are measures that contribute to the further development, strengthening and networking of the cultural and creative industries in Bavaria in accordance with the funding purpose of the guidelines. Only projects, i.e. measures with a limited duration, are eligible for funding. Institutional, i.e. permanent, funding is excluded. The projects must have an economic focus and can also relate to several sub-sectors of the cultural and creative industries.
In particular, the following are eligible for funding
- Workshops and information events (e.g. design talks, business forums)
- Festivals, congresses, conferences, events
- Participation in trade fairs
- Measures for image and identity building, networking and the development of the cultural and creative industries
- Measures to strengthen cross-innovation processes
- Measures for market development
- Measures to promote European exchange
- Projects that raise public awareness of the importance of cultural and creative activities and forms of expression, including through the use of new technologies
In particular, the following are not eligible for funding
- Projects that are fundamentally part of the remit of state-recognized schools, (technical) colleges, (art) academies and the like, such as training and further education measures
- the implementation of individual consultations
- projects that are primarily attributable to the promotion of artists and cultural institutions
All institutions, organizations, associations, companies, etc. that implement a measure from which they do not (only) benefit themselves, but with which they promote individual or several submarkets, the sector or across sectors, provide impetus for further development or stimulate networking, are eligible for NPP funding. The decisive factor is that the project is not primarily of benefit to the organization, institution, club, association or company itself, but that the focus is on the benefit for submarkets, the sector or several sectors and can therefore make a contribution to the Bavarian economy.
2. framework requirements of the directive:
Legal entities under public law, such as corporations, public foundations and institutions under public law, are not eligible to apply. Accordingly, all project sponsors that are themselves funded by the public sector (e.g. by a municipality) are not eligible to apply. Natural persons are also not eligible to apply.
- All directly project-related personnel and material costs that are directly related to the preparation, implementation and administration of the measure are eligible for funding:
- Personnel costs incurred in the implementation of the measure
- Material costs that are directly necessary for the implementation of the measure. This includes all fees and travel expenses of external experts, speakers and services
- Administrative costs if these relate directly to the implementation of the funded measure
- Voluntary work can be contributed up to the published maximum eligible rates in Rural Development (ZHLE) and remunerated at EUR 12.15 per hour.
- Travel expenses: These are only eligible for speakers, not for participants in a measure.
- Investments are not eligible for funding under these guidelines.
- Speakers' fees cannot be included in the cost and financing plan as a donation in kind.
- Allowance of room rents: These can only be included if the premises are generally rented out. If the premises are not regularly rented out to external parties, the room costs cannot be included in the cost and financing plan on a pro rata basis.
Examples:
- A company has an event room that is usually only used for internal company events, such as company meetings. The rental costs for this room cannot be included in the cost and financing plan on a pro rata basis, not even as a donation in kind.
- A company has an event room that is regularly rented out to external parties for events. A price list exists and invoices for actual rentals are available. In this case, 80% of the regular room rental according to the price list can be included in the cost and financing plan.
Events with a multi-day program can be counted as one event if the events taken together form a unit (e.g. festivals). Events that are repeated in a similar form, but e.g. with changing themes or at different locations, can be counted as a series of events. Series of events are also eligible for funding and can be combined in one application.
3. application procedure:
The funding institution is the Bavarian State Ministry of Economic Affairs, Regional Development and Energy.
The approving body is the Government of Middle Franconia, which sends out all official notifications and documents for the implementation and accounting of the funded measure.
The contact for preparing the application is bayernkreativ and bayern design, especially for the area of design. Once the application has been submitted, the approving body, the government of Middle Franconia, is the contact for applicants.
Before submitting the application, interested parties should attend an information event on the funding guideline. These take place every two to three weeks from spring until the submission deadline and are announced in the event calendar. In the presentation, the guideline will be introduced as well as how it works and the conditions for a possible grant. The application process itself will also be discussed: All forms and components of a possible application will be presented. There will then be time for questions to be answered. As soon as an initial draft application, or project outline, has been completed, it is sent to kkw-richtlinie(at)bayern-innovativ.de. The application is then coordinated with bayernkreativ and checked for initial formal errors.
As soon as the application has been prepared, the application documents will be sent by e-mail to kkw-richtlinie(at)bayern-innovativ.de after consultation with the bayernkreativ advisors. bayernkreativ will then forward them accordingly. The signed originals are sent by post to the following address:
Government of Middle Franconia
attn. Mr. Buckel
Promenade 27
91522 Ansbach
In the event of approval, the Government of Middle Franconia is the point of contact for the further approval procedure and handling of the project.
- Application for project funding, including the declaration of entitlement to input tax deduction (form)
- Cost and financing plan (form)
- De-minimis declaration (Attention: Since July 01, 2024, an amended de-minimis regulation has come into force. Please be sure to download the current form from the StMWi homepage)
- Project description (without form -> see question 3.5)
- If applicable, evidence (price lists, usual invoicing etc.)
Note: When applying for a lump sum, the cost and financing plan does not have to be submitted. It is sufficient to state in the application that overfunding or inadmissible double funding is avoided.
The project description should include the following points:
- Description of the applicant organization/institution/company/association or association
- Detailed information on the planned measure
- Details of the topics to be covered
- Details of the speakers who are to be invited
- Details of project partners to be involved in the implementation of the measure
- Explanations of the cost and financing plan, if applicable
- Timetable for the planned implementation of the measure
- The de minimis declaration must be completed in full, signed and submitted with the application. Attention: Since July 1, 2024, an amended de minimis regulation has come into force. Please download the current form from the StMWi homepage!
- The "Grant application for project funding" form includes the question of entitlement to deduct input tax in accordance with Section 15 of the German Value Added Tax Act (Umsatzsteuergesetz). This point must be clarified with the responsible tax office before submitting the application if the current status is not known.
After approval of the application:
The conditions imposed by the approval office can be found in the approval notice.
An amended version of the de minimis regulation has been in force since July 1, 2024. The de minimis regulation is part of the legal basis on which a grant can be awarded. The current regulation allows a grant on condition that you have not received a total of more than 300,000 euros in funding under the de minimis regulation over a period of three years (previously, the maximum limit was 200,000 euros in three years). You should therefore check your grant notifications exactly three years from the date of application: What grant was awarded on the basis of the de minimis rule? What is the cumulative amount? The past three years should be calculated as a rolling period: The end point of the three years is the date of submission of your current grant application, not the beginning of the calendar year.
Example: Your application for funding is dated April 22, 2024, from which date three years must be calculated back to the day. The starting point of the three years is therefore April 22, 2021. Therefore, in the example, all de minimis funding from April 22, 2021 to April 22, 2024 must be included in the calculation of the threshold value of EUR 300,000.
Payment is made after approval of the measure via calls for funds by the applicant. These are sent to the government of Middle Franconia. It should be noted that the funds must be used within two months of a call for funds. The number of calls for funds is generally not limited. The approving body sends the applicants the relevant forms and explanations of the procedure as an attachment to the approval notice.
4. deadlines and time periods:
The State Ministry for Economic Affairs, Regional Development and Energy has set a deadline of three months from the submission of the signed originals to the start of the event.
Applications for funds from the current financial year must be submitted by mid-September at the latest (deadline: September 15). Applications submitted at a later date can only be considered in the following financial year.
The approval periods depend on the scope of the projects and the schedules submitted with the projects. It is therefore possible to plan calls for funds in the following year without any problems. For this purpose, the project description must state how much budget is required in which year (please note that funds must be used within two months of a call for funds, see point 3.8). Changes are possible in justified exceptional cases after consultation with and approval by the approving body.
Projects can also be planned beyond the term of the guideline; the guideline is valid until 31.12.2027. This means that projects can still be implemented beyond this date.
All changes must be reported to the approving body, the government of Middle Franconia. Information on the procedure can be found in the approval notice. After successful approval, the Government of Middle Franconia is the point of contact for all questions regarding the implementation of the measure.
The verification check is carried out by the approving body, the Government of Middle Franconia. All advice and information is provided by the Government of Middle Franconia.
Employees of the State Ministry of Economic Affairs, Regional Development and Energy and/or employees of bayernkreativ must be allowed to participate in the funded measure as observers in order to assess the achievement of objectives in the implementation of the funded measure. Individual solutions will be found as to how this can be done without disrupting the project.
The early start of the measure can be applied for during the application review process. Without the granting of the early start of the measure, only general preparatory work for the preparation of the application can be carried out. This includes, for example, the drafting of a concept, the search for possible rooms or partners as well as preliminary talks with potential partners and speakers. However, it is not permitted to specify partners, rooms etc. in writing. However, as reservations or bookings for projects sometimes have to be made urgently, it is possible to apply for an early start of the measure after submitting the complete application by e-mail to bayernkreativ. The granting authority, the government of Middle Franconia, decides on approval in consultation with the State Ministry for Economic Affairs, Regional Development and Energy.
Please note:
The approval of the early start of the measure does not mean that the project will actually be approved. All activities undertaken by the applicants until the final assessment by the approval office are carried out at their own risk. If the application is not approved, they must be financed from the applicant's own funds. The granting of an early start to the measure does not give rise to any legal entitlement to approval of the grant application.
5. preparation of the cost and financing plan:
The eligible costs can be determined using the "Cost and financing plan" form. The funding rate for a project under this guideline is generally a maximum of 50% of the eligible costs.
Important: The funding rate of 50% only covers grants based on this guideline. Other public grants may be combined to cover the project costs, provided they do not constitute double funding. The total rate of all public grants may not exceed 90% of the eligible costs under any circumstances. For example, municipal or federal grants may be combined with grants based on these guidelines.
It is possible to apply for lump sums for events:
- 2,000 euros, conditions: at least 30 participants and at least 2 speakers
- 5,000 euros, conditions: at least 60 participants and at least 4 speakers
Note: When applying for a lump sum, the cost and financing plan does not have to be submitted. It is sufficient to state in the application that overfunding or inadmissible double funding is avoided.
Other public financial contributions must be stated in the application form, in the cost and financing plan and in the de minimis declaration. As the own contribution may not be less than 10% of the eligible costs, the combined public financial contributions may not exceed 90%. The own contribution of 10% cash must always be guaranteed. The term "cash funds" refers to funds that the applicant can call on at any time and that are actually available to cover the costs.
If other public grants have been applied for but not yet approved, this must be entered or noted accordingly in the forms.
Important: In the case of a combination of different public grants, costs may not be stated twice. This means that costs that are to be funded via one form of grant may not be included again in the second form of grant. The cost and financing plan must therefore indicate which costs are being submitted to another funding institution for a grant. A clear separation is necessary when combining different public grants.
The applicant is liable for all information, both in the forms and in the cost and financing plan. Information on the applicant's own contribution must correspond to realistic estimates, e.g. ticket sales or other planned income. These must be verified in the statement of account. The cash funds may not be less than 10% of the eligible costs. The term "cash funds" refers to funds that the applicant can actually call on at any time and that are actually available to cover costs.
6. further information and assistance:
bayernkreativ offers information events at regular intervals. These dates are announced in the event calendar. If no dates are available, please send an informal e-mail request to: kkw-richtlinie(at)bayern-innovativ.de.
bayernkreativ offers an information event at regular intervals (every two to three weeks) starting in spring. Information is provided on the guidelines and the application process, and the application forms and the cost and financing plan are presented. Initial questions can be clarified at this meeting.
In addition, bayernkreativ offers appointments that can be arranged individually after attending an information event. An appointment can be requested by sending an informal e-mail to kkw-richtlinie(at)bayern-innovativ.de.