Benefiting from subcontracting for the R&D&I of an innovative product/software/process – Win4Expertise – Technical support

SMEs active in any sector.

Target audience – Eligibility criteria

• The company is an SME, within the meaning of the European definition (see the explanatory document below), which employs fewer than 250 people and has annual turnover below €50 million or a balance sheet total that does not exceed €43 million.
• The SME must be an individual performing an economic activity, be registered with the Banque-Carrefour des Entreprises (BCE) and be established in a commercial form in accordance with the Code of Companies.
• The SME must have at least one significant business unit in Wallonia.
• The SME must not be experiencing financial difficulties within the meaning of the European Directive (see the explanatory document below).

Assessment criteria:

• The innovative character of the project (contribution to scientific progress in terms of the acquisition of new knowledge);
• The focus of the project, in the context of the company’s development strategy and Wallonia’s technical and economic needs.
• The value from an economic and employment point of view;
• The impact on sustainable development, which must be favourable or zero;
• The degree of risk, which must be obvious;
• The ability to find financing for the current and expected future needs of the project.

Exclusions:

• Pre-clinical and clinical tests
• Requests for compliance of an existing product with new standards
• The development of a product/process/service that will not be promoted by the company
• Recurring measurements or tests
• Internal company costs
• The list goes on

The subsidy is a financial aid that covers 75% of the subcontracting cost.

Eligible expenses correspond to the costs of services from external service providers that perform the duty, insofar as these costs do not exceed market prices.

If necessary, it is possible to use several service providers within the same project.

There is no closing date for submitting the application for this aid.

Generally speaking, the time between the submission of your application and notification of the financing decision varies between three months and six months. This range of deadlines is provided on an indicative basis.

The application is submitted via an electronic form on the ONTIME platform.

If the decision is in your favour and the budgetary credits are available, an agreement between the Walloon region and the company is concluded for the study and specifies the rights and obligations of each of the parties.

Appeal procedures

How can I contact the department who made the decision?

You may contact the administrative department that made the decision at any time, independently of the appeal procedures outlined below, notably to:

• obtain additional explanations concerning the decision;
• complete your initial application with elements that are not known by the administration;
• communicate the reasons behind your dispute.

 You must contact the following department:

PSW Economy, Employment and Research
Technological Research and Development Department
Boulevard Cauchy 43-45 à 5000 NAMUR 
Tél. : +32 (0)81 77 86 82

This free process is not subject to any specific formalities and does not suspend the periods for filing an appeal. The absence of a response from the administration does not constitute acceptance of your request.

How to file an appeal

Unless the dispute can be viewed as relating to a subjective right – in which case only courts of law and legal tribunals have jurisdiction – an appeal may be submitted to the State Council, in accordance with the procedures outlined below.

Request for cancellation

Cancellation of the decision may be requested by filing a request with the State Council, either:

• electronically  to https://eproadmin.raadvst-consetat.be  ;
• via a signed and dated registered letter to

Conseil d’État

Greffe

Section du Contentieux administratif

Rue de la Science, 33

1040 Brussels

You must submit your request within 60 calendar days from the date of notification for the disputed decision.

In your request, you must indicate the ‘reasons’ for your appeal, that is, the legal rights that have been infringed by the decision and the way in which they have been infringed.

Request for suspension

Sending a cancellation request does not suspend the effects of the decision.

If an emergency arises which is incompatible with the processing of the case, and if a serious argument is manifestly likely to lead to the cancellation, you may file a request to suspend the decision with the State Council.

The request for suspension may be submitted before, at the same time as, or after sending the request for cancellation.

In exceptional cases, and under specific conditions, you may also request the suspension of the decision in cases of extreme emergency.

Practical information

Requests for cancellation and suspension requests are only valid if they contain certain annexes and information. Reference is made to the coordinated laws and decrees mentioned below, which are available at http://www.raadvst-consetat.be (‘Procedure’ section).

Each requesting party must pay a fee of €200 (amount as of 9 January 2017), using a transfer form that will be sent to the party after the appeal is received. Payment is not currently subject to any deadline and the payment of the sum may be made at any time before the closure of the dispute.

Find out more: laws on the State Council, coordinated on 12 January 1973, Regent Decree of 23 August 1948 determining the procedure before the administrative disputes department of the State Council, Royal Decree of 5 December 1991 determining interlocutory proceedings before the State Council, which are available at http://www.raadvst-consetat.be (“procedure” section).

• Decree of 3 July 2008 concerning support for research, development and innovation in Wallonia
• Decree from the Walloon Government of 18 September 2008 concerning support for research, development and innovation in Wallonia, which was amended on 15 May 2014
• Text concerning the management of State aid for research, development and innovation (2014/C 198/01)
• General Block Exemption Regulation (GBER) - State aid (Wallonia.be)