Adjustment To The New State Aid Rules Previstedal Regulation (Eu) No Instrument 651/2014-Developing Contracts, Pursuant To Art. 43 Of Decree-Law N. 112/2008.

Original Language Title: Adeguamento alle nuove norme in materia di aiuti di Stato previstedal regolamento (UE) n. 651/2014 dello strumento dei contratti disviluppo, di cui all'art. 43 del decreto-legge n. 112/2008.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-29&atto.codiceRedazionale=15A00467&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of ECONOMIC DEVELOPMENT Saw the art. June 25, 2008, 43 of Decree-Law n. 112, converted, with amendments, by law no August 6, 2008. 133 on the simplification of instruments of attraction of investment and enterprise development; Visto l'art. 3 of Decree-Law No 69 June 21, 2013, converted, with amendments, by law, August 9, 2013 # 98 on the refinancing of development contracts, which provides that the Minister of economic development, by Decree, will redefine the modalities and criteria for the granting of subsidies and the implementation of interventions under art. June 25, 2008, 43 of Decree-Law n. 112, converted, with amendments, by law August 6, 2008, # 133, also in order to speed up procedures for the granting of incentives, to promote the rapid implementation of investment programmes and to provide for specific priorities in favour of programmes that fall within the territories, agreements entered into by the Ministry of economic development, on the development and conversion of areas affected by the crisis of specific productive sectors or large complex enterprise; Having regard to the Decree of the Minister of economic development February 14, 2014, published in the Gazzetta Ufficiale of April 28, 2014, # 97 on the implementation of art. 3, paragraph 4, of Decree-Law June 21, 2013, n. 69, converted, with amendments, by law no August 9, 2013. 98, in reforming the rules governing contracts; See, in particular, article. 34 of that Decree of the Minister of economic development February 14, 2014 that transitional provisions provides that the Minister of the economic development with subsequent Decree will regulate the method of granting concessions after the deadline referred to in paragraph 2 of that article, in accordance with provisions to be adopted by the European Commission in the meantime; 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 # 651/2014 which provides for the entry into force of the regulation as from 1 July 2014; Having regard to the aims of regional State aid map approved by the European Commission on September 16, 2014 2014-2020 (SA 38930), published in the official journal of the European Union C 369 of October 17, 2014; Having regard to Council Regulation (EC) No 1407/2013 of December 18, 2013, published in the official journal of the European Union L 352 of December 24, 2013, on the application of articles 107 and 108 of the Treaty on the functioning of the European Union to de minimis; Having regard to law no August 7, 1990. 241 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 art. 4, paragraph 4, point c) of law March 15, 1997, # 59 "; Having regard to the Legislative Decree March 14, 2013, n. 33 on "reorganization of discipline concerning the obligations of publicity, transparency and provision of information by public authorities"; Considered appropriate to give continuity to the implementation of the rules governing development contracts, as reformed by the said Decree February 14, 2014, adapting and integrating aid schemes therein provisions laid down in Regulation No 651/2014, valid for the period 2014-2020;
Decrees: Art. 1 Definitions 1. For the purposes of this Decree, the following definitions are adopted: a) "Ministry" means the Ministry of economic development;
b) "agency" means the National Agency for the attraction of investments and the development of enterprise S.p.a.-Invitalia, with which they are entrusted, pursuant to art. 43 of Decree-Law No 112 June 25, 2008, converted, with amendments, by law no 133, August 6, 2008 management functions relating to the intervention referred to in that article;
c) "TFEU": Treaty on the functioning of the European Union, the Treaty establishing the European Community;
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 and subsequent amendments and additions;
e) "Regulation No 1407/2013": Regulation (EU) No. 1407/2013 of December 18, 2013, published in the official journal of the European Union L 352 of December 24, 2013, on the application of articles 107 and 108 of the Treaty on the functioning of the European Union to de minimis;
f) "SMEs" mean micro, small and medium-sized enterprises, as defined in annex 1 of the "GBER" and the Decree of the Minister of productive activities April 18, 2005, published in the official journal of the Italian Republic of October 12, 2005, # 238;
g) "regional State aid map purpose" means the purpose regional aid map valid 2014-2020 containing the list of areas of the country that meet the requirements of art. 107, paragraph 3 (a)) and c) TFEU, approved by the European Commission on September 16, 2014 (SA 38930), published in the official journal of the European Union C 369 of October 17, 2014;
h) "production unit": production structure equipped with technical autonomy, organizational, managerial and functional, possibly on more property and/or plants, even physically separate but connected functionally;
s) "tourist district": the tourist District identified pursuant to art. 3 of Decree-Law May 13, 2011, n. 70, converted, with amendments, by law July 12, 2011, # 106;

l) "crisis areas" means the territories of the municipalities within in crisis areas (identified by Decree of the Minister of economic development January 25, 2010 and subsequent amendments and supplements containing the consolidated implementation addresses relating to law No. 181/1989), industrial areas characterized by complex crisis (identified in accordance with the Decree of the Minister of economic development in January 31, 2013 art. 27, paragraph 8, of Decree-Law No June 22, 2012. 83, converted, with amendments, by law August 7, 2012, # 134) or in areas of complex industrial crisis other than those that have a significant impact on the development of the Territories concerned and employment (identified by Decree of the Minister of economic development under article. 27, paragraph 8 bis, of the aforementioned Decree-Law No 83 of 2012);
m) "large investment project": investment project with eligible costs above 50 million calculated on the basis of prices and exchange rates on the date on which the aid is granted;
n) "adjusted aid amount: maximum aid amount allowed for a large investment project, calculated according to the following formula: maximum aid amount = R × (A + 0.50 × B + 0 × C) where R is the maximum aid intensity applicable in the affected area established within the regional State aid map purposes, excluding the aid intensity (the increase) for SMEs; To have the first 50 million of eligible costs, B is the part of the eligible costs of between 50 million and 100 million, and C is the portion of eligible costs exceeding 100 million;
o) "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;
p) "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 those changes are improvements;
q) "research and dissemination of knowledge" 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;
r) "organisational innovation": the application of new organisational methods in business practices, workplace organisation or external relations of a company except for changes that are based on organisational methods already used in enterprise, changes in management strategy, mergers and acquisitions, ceasing to use a process, simple capital replacement or extension of capital goods, changes arising solely from price changes of the factors , custom manufacturing, adapting to local markets, the regular seasonal changes and other cyclical changes and the sale of new or significantly improved products;
s) "process innovation": the application of a new or significantly improved production or distribution (including significant changes in techniques, equipment or software), except for minor changes or improvements, increasing the capacity of production or services obtained by the addition of manufacturing or logistical systems systems are very similar to those already in use , ceasing to use a process, simple capital replacement or extension of capital goods, changes arising solely from price changes of the factors, custom manufacturing, adapting to local markets, the regular seasonal changes and other cyclical changes and the sale of new or significantly improved products;

t) "environmental protection" means any action designed to remedy or prevent damage to physical environment or natural resources caused by the activity of a beneficiary, to reduce the risk of such damage or to promote a rational use of natural resources, including energy-saving measures and the use of renewable energy sources.