June 20, 2013 Decree Adjustment Provisions Regarding State Aid For Research And Sviluppocontenute In Regulation (Eu) No 651 Of June 17, 2014.

Original Language Title: Adeguamento del decreto 20 giugno 2013 alle disposizioni in materiadi aiuti di Stato a favore dei progetti di ricerca e sviluppocontenute nel regolamento (UE) n. 651 del 17 giugno 2014.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-20&atto.codiceRedazionale=15A00291&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of ECONOMIC DEVELOPMENT having regard to act February 17, 1982, # 46, which, in article 14, established the Special Fund for technological innovation; Having regard to the decree-law June 22, 2012, n. 83, converted, with amendments, by law no August 7, 2012. 134 laying "urgent measures for the country's growth», and in particular article 23, which stipulates that the Special Fund provided for in article 14 of the law Rotary February 17, 1982, # 46, established in the Ministry of economic development, took the name of the ' Fund for sustainable growth '; Seen the Decree March 8, 2013 of the Minister of economic development, in consultation with the Minister of economy and finance, published in the Gazzetta Ufficiale della Repubblica italiana of May 16, 2013, # 113 by which, pursuant to article 23, paragraph 3, of that Decree-Law No. 83 of 2012, priorities have been identified, the shapes and the maximum aid intensity granted under the Fund for sustainable growth; Having regard to the Decree of the Minister of economic development June 20, 2013, published in the Gazzetta Ufficiale della Repubblica italiana of September 28, 2013, # 228, incorporating the Fund for sustainable growth in favour of technological research and development projects in the areas identified by the Community framework programme "Horizon 2020", as amended and supplemented by the Decree of the Minister of economic development December 4, 2013 , published in the Gazzetta Ufficiale della Repubblica italiana of January 31, 2014, n. 25; Having regard to the Decree of the Director General for the Ministry of economic development incentives for businesses July 25, 2014, published in the Gazzetta Ufficiale della Repubblica italiana of August 4, 2014, # 179, that, in connection with the intervention referred to in that ministerial decree approved in June 20, 2013, sets out the terms and modalities for the submission of applications for benefits, criteria for access of applications to the investigation stage , conditions, the scores and the minimum thresholds for assessing applications, matters relating to the granting of concessions and modalities for submission of applications, as well as impact indicators, target values and methods of monitoring of subsidized projects; Having regard to the Decree of the Director General for incentives to enterprises of the Ministry of economic development September 17, 2014, referred to the press release published in the Gazzetta Ufficiale della Repubblica italiana of September 24, 2014, n. 222, extending the period of opening the door it is approved for submission to the Ministerial Decree of June 20, 2013 referred to facilitation; Having regard to law no 241 August 7, 1990 and subsequent amendments and additions, that the rules on administrative procedure and the right of access to administrative documents; Having regard to the Legislative Decree March 31, 1998, n. 123 and subsequent amendments and additions, containing "provisions for the rationalization of public support to enterprises, in accordance with article 4, paragraph 4, point c) of law March 15, 1997, # 59 '; Having regard to Council Regulation (EC) no 800/2008 of August 6, 2008, published in the official journal of the European Union L 214 of August 9, 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (General block exemption regulation); Having regard, in particular, articles 44 and 45 of that Regulation No 800/2008, as amended by Regulation (EC) no 1224/2013 of November 29, 2013, which set out, respectively, the applicability of that regulation until June 30, 2014 and that the expiry of the period of validity of the aid schemes exempted under regulation shall remain exempted during an adjustment period of six months with the exception of regional aid schemes; Having regard to the information provided by the Ministry of economic development to the European Commission, pursuant to article 9 of Regulation No 800/2008, published in the official journal of the European Union C 210 of July 4, 2014, on the establishment of the aid scheme referred to in the Ministerial Decree of June 20, 2013 on the basis of the provisions contained in that Regulation No 800/2008; Having regard to Council Regulation (EC) No 651/2014 of June 17, 2014, published in the official journal of the European Union L 187 of June 26, 2014, declaring certain categories of aid compatible with the common market in application of articles 107 and 108 of the Treaty; See, in particular, article 59 of that Regulation No 651/2014, establishing the entry into force of that regulation as from 1 July 2014; Deemed necessary to adapt the provisions of the Ministerial Decree June 20, 2013 several times to the rules on State aid for research and development projects contained in the new block exemption regulation # 651/2014, Decreed: Art. 1 adjustment of the Decree of the Minister of economic development June 20, 2013 as stipulated in Regulation (EU) No 651 of 17 June 2014 1. The Ministerial Decree of June 20, 2013 premises are makes the following changes:

Article 1, paragraph a) 1:1) the letter d) is replaced by the following: «d) "GBER Regulation": Regulation (EU) No. 651/2014 of June 17, 2014, published in the official journal of the European Union L 187 of June 26, 2014, declaring certain categories of aid compatible with the common market in application of articles 107 and 108 of the Treaty on the functioning of the European Union '; 2) the letter h) is replaced by the following: «h) "industrial research: planned research or critical investigation aimed at the acquisition of new knowledge and skills to use to develop new products, processes or services or to make a significant improvement to existing products, processes or services. It includes the creation of components of complex systems and may include the construction of prototypes in a laboratory environment or in an environment with simulation interfaces to existing systems and pilot lines, if that is necessary for the purposes of industrial research, notably for generic technology validation purposes ';
3) the letter i) is replaced by the following: «i) "experimental development" means the acquiring, combining, structuring and use of existing knowledge and capacity in science, technology, trade and other activities in order to develop new or improved products, processes or services. This definition also other activities intended for the conceptual definition, planning and documentation of new products, processes or services. Fit the experimental development prototype construction, demonstration, manufacture products pilot, testing and validation of new or improved products, processes or services performed in an environment that reproduces the real operating conditions where the primary focus is the provision of additional technical improvements to products, processes and services that are not substantially. Experimental development can therefore include the development of a prototype or pilot product usable for commercial purposes that is not necessarily the final commercial product and manufacturing cost is too high to be used only for demonstration and validation purposes. Experimental development does not include routine or periodic changes changes made to products, production lines, manufacturing processes, existing services and other operations in progress, even when these changes represent improvements ';
4) letter l) is replaced by the following: ")" research organisation "means an entity (for example, universities or research institutes, agencies in charge of technology transfer, innovation intermediaries, real or virtual collaborative research-oriented entities), regardless of its legal status (constituted under private law or public) or funding source, whose main purpose is to carry out fundamental research activities independently industrial research or experimental development, or to ensure a wide dissemination of the results of these activities through teaching, publication or transfer of knowledge. If the entity carries on business activities, funding, the costs and revenues of these economic activities shall be the subject of separate accounting. Businesses able to exert a decisive influence on that entity, for example in their capacity as shareholders or members, cannot enjoy any preferential access to results ';
Article 4, paragraph b) 3:1) the letter a) is repealed;
2) letter b) is replaced by the following: «b) be regularly constituted and registered in the commercial register; non-residents in Italian territory must have a recognized legal personality in the State of residence as resulting from commercial counterpart; for such subjects, moreover, without prejudice to the possession, on the date of application of facilitation, the additional requirements referred to in this article must be proven, on pain of loss of benefit, on the required date of the first disbursement of subsidy the availability of at least one seat on the Italian territory '; c) in article 5, paragraph 2, point b), the words "For research and development project initiation date means the date of the first title of eligible expenditure or the date of commencement of activity ' staff. ' shall be replaced by the words:" For research and development project initiation date means the date of commencement of construction work relating to investment or the date of the first legally binding commitment to order equipment or any other commitment making irreversible investment, whichever condition occurs first. '; d) in article 7, paragraph 1, the words "within the limits of maximum aid intensity laid down in art. 31 and art. 6 of regulation GBER ' shall be replaced by the words ' within the limits of the maximum aid intensity and the individual notification thresholds laid down respectively in article 25 and article 4 of regulation GBER '; Article 11, paragraph 3), and the letter d) is repealed. 2. The amendments referred to in paragraph 1 shall be applied as from 1 January 2015. Remains confirmed all the provisions of the Ministerial Decree of June 20, 2013 not expressly changed.