Application Criteria And Methods For The Provision Of Security.

Original Language Title: Criteri e modalita' applicative per la prestazione di garanzie.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-12&atto.codiceRedazionale=15A00874&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of agricultural food and forestry policies in consultation with the Minister of economy and finance having regard to article 64 of Decree-Law No January 24, 2012. 1, converted, with amendments, into law No 27 March 24, 2012, which predicts that, with non-regulatory decree of the Minister of agricultural food and forestry policies in consultation with the Minister of economy and finance, are established the criteria and the method of disbursement of funds from the Fund credit, referred to in article 17 of legislative decree March 29, 2004 , # 102; Having regard to the Legislative Decree 1 September 1993, n. 385 laying «consolidated credit and banking laws "and subsequent amendments and integrations; Having regard to article 1 of the Decree legislative May 18, 2001, n. 228 "orientation and modernization of the agricultural sector laying '; Having regard to the Legislative Decree March 29, 2004, n. 102 financial Interventions in support of establishing «agricultural enterprises in accordance with article 1, paragraph 2) (i) of law March 7, 2003, n. 38 '; See in particular article 17, paragraph 4, which provides that in order to facilitate access to the capital market by the ISMEA agricultural enterprises can, among other things, also intervene "through funding, in compliance with EU rules on State aid, credit from the Fund with the European Commission decision C (2011) 2929 of May 13, 2011 and subsequent modifications and integrations»; Having regard to article 1, paragraph 12, of Act July 12, 2006, n. 228, converting, with amendments, of Decree-Law May 12, 2006, # 173, with whom the Government is delegated to take remedial and supplementary legislative decrees of legislative decrees adopted in implementation of the delegations referred to in articles 7 and 8 of law No 57, March 5, 2001 and referred to in article 1 of the law March 7, 2003, n. 38 , as amended, in accordance with the principles and criteria of delegation indicated by these laws; Having regard to Council Regulation (EU) no 1305/2013 of the European Parliament and of the Council of December 17, 2013 on support for rural development by the European agricultural fund for rural development (EAFRD) and repealing Regulation (EC) No 1698/2005; Having regard to Council Regulation (EC) No 1303/December 17, 2013 2013 of the European Parliament and of the Council of laying down common provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European maritime and fishing and general provisions on the European regional development fund Fund, the European Social Fund, the Cohesion Fund and the European Fund for Maritime Affairs and fisheries, and repealing Regulation (EC) no 1083/2006, and in particular, part two, title IV financial instruments; Having regard to Council Regulation (EC) No 702/2014 of June 25, 2014, declaring certain categories of aid in the agricultural and forestry sectors and rural areas are compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006; Having regard to the European Union guidelines for State aid in the agriculture and forestry and rural areas 2014-2020 (2014/C 204/01); Having regard to Council Regulation (EC) No 651/2014 of June 17, 2014, declaring certain categories of aid compatible with the common market in application of articles 107 and 108 of the Treaty; Having regard to the Commission communication on the revision of the method for setting the reference and discount rates (2008/C 14/02); Having regard to the European Commission decision C (2011) 2929 of May 13, 2011 concerning the method of calculating the GGE (gross grant equivalent) associated to loans granted by ISMEA through its credit Fund, as amended by decision of the European Commission C (2013) 5035 of July 31, 2013; Having regard to the Decree of the President of the Republic March 31, 2001, # 200, embodying the reordering of the ISMEA; Having regard to the order of the Minister of agricultural food and forestry policies in consultation with the Minister of economy and Finance of the March 22, 2011 establishing criteria and methods of application for the provision of security.
Decrees: Art. 1 Definitions 1. For the purposes of this Decree, shall mean: a. Credit Fund: the Institute of agro-food market-ISMEA when plays with separate accounting, in accordance with article 5 of its rules of administration and accounting, approved by Decree No. 729 of February 5, 2002 by the Ministry of agriculture and foodstuffs in consultation with the Ministry of economy and finance delivery and management activities of the funding provided for next letter g) of this article, in accordance with article 17, paragraph 4, of legislative decree March 29, 2004, n. 102 and in conformity with the European Commission decision C (2011) 2929 of May 13, 2011 and subsequent modifications and integrations;
b. dedicated Fund: financial resources paid by the funding body credit fund for a specific intervention help handled by the same with a separate accounting;
c. agricultural enterprises: agricultural enterprises referred to in Legislative Decree May 18, 2001, # 228, belonging to the categories of micro, small and medium-sized enterprises, as defined in annex I to Regulation No 800/2008 of August 6, 2008 declaring certain categories of aid compatible with the common market in applicaziofie of articles 107 and 108 of the TFEU;
d. Bank: Bank operating in Italy and registered in the register referred to in article 13 of Legislative Decree No 385 1 September 1993;
e. Convention: Convention between the credit Fund and the Italian Banking Association to define the technical procedures of disbursement of loans from the Fund of credit;
f. Private Bank: Bank that adheres to the Convention referred to in paragraph e);
g. subsidized loan: it is the share of funding granted to the Fund's resources.
h. Bank financing: it is the share of funding to ordinary conditions granted by the Bank in agreement;
i. Financing: it is the collection of the subsidized loan and bank financing;
j. funding body: entity providing credit fund financial resources for the provision of soft loans through the banks affiliated;
k. Warranty ISMEA: guarantee issued pursuant to article 17, paragraphs 2, 3 and 4, of legislative decree March 29, 2004, # 102.