The MINISTER of ECONOMIC DEVELOPMENT having regard to the Decree of the Minister of economic development July 23, 2009, published in the Gazzetta Ufficiale della Repubblica italiana of November 28, 2009, # 278, and s on the creation of a new aid scheme in favour of productive investments within the meaning of article 1, paragraph 845 of the Act December 27, 2006, # 296, regarding technology areas identified in paragraph 842 the same article and related interventions and connected; Having regard to the Decree of the Minister of economic development of February 13, 2014, published in the Gazzetta Ufficiale della Repubblica Italiana No 82 of April 8, 2014, embodying the terms, rules and procedures for the granting and payment of incentives for investment programs aimed at reviving the industrial crisis areas of Campania and upgrading of its production system; View the circular April 18, 2014, # 14653, Director General for the Ministry of economic development incentives to companies with which you have defined methods and terms of submission of applications for the access to the facilities referred to in the Decree of the Minister of economic development investment programs aimed at February 13, 2014 in favor of industrial regeneration of crisis areas of Campania; See, in particular, paragraph 9.15 of the aforesaid circular April 18, 2014 which considered that the conclusion of the evaluation of merit will necessarily beyond the date of June 30, 2014, deadline for application of the aid scheme in which it is framed the present intervention established by Decree of the Minister of economic development July 23, 2009 and exempted from notification under regulation 800/2008 the granting of concessions will be subject to the prior approval of a) finality regional aid map 2014-2020 from the European Commission and within the limits of aid intensity laid down therein; b) the possibility of prolongation of aid scheme referred to in the said Decree July 23, 2009 in relation to full compliance with the same conditions of admissibility and procedure laid down in the new block exemption regulation which will be adopted by the European Commission after the expiry of regulation 800/2008, which is the adoption of any other measure that will replaced that system on the basis of the new block exemption regulation; 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, whose exemption expires on the expiry date of aid for regional purposes; Having regard to the decision of the European Commission of October 25, 2013 C (2013) 7178 final extending to June 30, 2014 the validity of finalities regional State aid map 2007-2013 approved by the European Commission on July 6, 2010 (No 117/2010), published in the official journal of the European Union C 215 of August 18, 2010; 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; Having regard to the aims of regional State aid map approved by the European Commission on September 16, 2014 2014-2020 (SA 38930), referred to the press release published in the official journal of the European Union C 369 of October 17, 2014; Given that the National Agency for the attraction of investments and the development of enterprise S.p.a.-Invitalia, in their capacity as managing subject of the measure of concession, has received applications for subsidies whose investigation is ongoing at the present time; Deemed necessary to adapt the provisions of the Ministerial Decree February 13, 2014 to the rules on State aid for regional purposes contained in exemption regulation # 651/2014 and in the regional State aid map valid purposes for the period 2014-2020; 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 ';
Decrees: Art. 1 adjustment of the Decree of the Minister of economic development February 13, 2014 as stipulated in Regulation (EU) No. 651 of the 17 June 2014 1. The Ministerial Decree of February 13, 2014 premises are makes the following changes: in paragraph 1 of article 1), the letter h) is replaced by the following: «h) "GBER Regulation": 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 on the functioning of the European Union ';
Article 4, paragraph 1 b):
1) the letter a) is replaced by the following: ' a) be regularly constituted under corporate form and be listed in the commercial register; non-resident companies in the 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 ';
2) is added to the following letter i): «i) not be among those who in the two years preceding the application have closed the same or substantially similar activity in the European economic area or which have concrete plans to cease the activity within two years of the investment's completion is the subject of the application for assistance ';
c) in article 1, paragraph 5:1) letter b) is repealed;
2) subsection 8 is replaced as follows: ' programs must be started after the submission of the application for benefits referred to in article 8. To start the program 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 that makes the investment, whichever condition occurs first. Are not considered, for the purposes of finding the start of the programme, expenditure relating to the purchase of the land and the preparatory work such as requesting permission to build or feasibility studies. Are not eligible for benefits programs consist of investments of mere replacement of plant, machinery and equipment;
d) in article 6 the following paragraphs are added: 1) ' 3. In the case of investment programs aimed at the diversification of production, in accordance with article 5, paragraph 3, point b) of the Decree, the eligible costs of the program must pass by at least 200% the book value of the assets that are reused, recorded in the fiscal year preceding the start of work. '
2) ' 4. In the case of investment programs aimed at fundamental change in the production process referred to in article 5, paragraph 3, point b) of the Decree, the eligible costs of the program must exceed the depreciation of the assets relating to the business to modernize during the preceding three fiscal years. ';
and paragraphs 12 and 13) article 9 shall be deleted;
Article 14, paragraph 1 f), and is replaced as follows: "Notwithstanding the provisions of article 8, paragraph 2, of the rules of the GBER, the advantages granted in relation to the projects referred to in this title can not be combined with other public facilities granted for the same costs, including those awarded under de minimis in accordance with Regulation (EC) No 1407/2013, except those obtained exclusively in the form of tax benefits and guarantee and in any event within the limits of maximum intensity GBER regulation. ';
g) in article 15, paragraph 1, letter a) are added as follows: "except as provided for in article 14, paragraph 1 ';
h) in annex 1 point 1 ' conditions of admissibility to the facilities for programs related to the activities of production and distribution of electricity and heat "is repealed.