Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-18&atto.codiceRedazionale=15A02042&elenco30giorni=false&atto.tipoProvvedimento=DECRETO
The GENERAL MANAGER for incentives to companies having regard to the Decree of the Minister of economic development, in consultation with the Minister of economy and finance, March 8, 2013, published in the Gazzetta Ufficiale della Repubblica italiana n. 113 of May 16, 2013, by which, in accordance with art. 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; See, in particular, article. 12, paragraph 3, of said Decree June 20, 2013, which States that, with respect to proposed projects of small and medium-sized enterprises, the first disbursement could be placed by anticipation to a maximum of 25 percent of the total advantages granted upon presentation of a bank guarantee or insurance policy, and that, in order to guarantee the sums disbursed in anticipation the Ministry may proceed with the creation of a special guarantee facility, through the retention of a share of no more than 2 per cent of the amount of financial resources under art. 2, paragraph 3, and, finally, that companies, as an alternative to the presentation of the abovementioned guarantees, they intend to make use of that instrument, are required to contribute a proportionate share to anticipation demand, to the extent that will be defined by the Ordinance under art. 10, paragraph 1, of the same Decree June 20, 2013; 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 n. 179 of August 4, 2014, adopted pursuant to art. 10, paragraph 4, of the said Ministerial Decree June 20, 2013, by which, among other things, are located the terms and modalities for submitting applications for access to the facilities, as well as the conditions, the scores and the minimum thresholds for assessing applications; See, in particular, article. 4, paragraph 1, point c), of the said directorial Decree July 25, 2014, which foresees that SMEs wishing to access the above warranty shall authorize the Ministry to withhold from the amount of anticipation demand a share of 2 percent of the anticipation; Having regard to the Decree of the Director General for the Ministry of economic development incentives to companies November 3, 2014, recorded at the Court of Auditors on January 14, 2015, sheet # 78, by which it approved the agreement concluded in October 29, 2014 date between the Ministry of economic development and Banca del Mezzogiorno-Mediocredito Centrale S.p.a., hereinafter managing subject, in their capacity as agent of the temporary consortium of economic operators formed by an act of October 23, 2014 for the awarding of the "service and support to the Ministry of economic development, for the performance of obligations related to the granting of administrative and technical instructors, delivery, controls and monitoring of advantages granted in favor of research, development and innovation '; See in particular art. 4 of that Convention, which provides that the managing subject provides help to the Ministry for establishing a methodology aimed at determining the extent of contribution to require undertakings to access the guarantee facility from the Fund for sustainable growth; Having regard to the note # 1353/15 of February 13, 2015, whereby the managing subject forwarded a report on the "methodology for determining the extent of the contribution required for businesses to access the guarantee facility from the Fund for sustainable growth '; Considering that the analyses carried out, outlined in the aforementioned report, show that the proportion of small and medium sized businesses to access the guarantee fund under art. 12, paragraph 3, of the said Ministerial Decree June 20, 2013 must be related to overall default risk borne by the Fund itself and that, therefore, the share fair must be between a minimum of 2.7 percent and a maximum of 3 percent of the amount of anticipation required to be retained by anticipation; Considered, moreover, that under that report shows that the definition of a quota on enterprises from the percentages above allows you to rule out the presence of State aid in the guarantee given by the Fund under art. 12, paragraph 3, of the said Ministerial Decree June 20, 2013, as this share is equivalent to the average premium conventionally fixed for the bank guarantees or insurance policies that can be activated to cover the repayment of the amount paid by anticipation; Deemed it necessary to consequently modify the aforementioned art. 4, paragraph 1, letter c) of directorial Decree July 25, 2014;
Decrees: Art. 1 1. In art. 4, paragraph 1, of the directorial Decree July 25, 2014 cited in the introduction letter c) is replaced by the following: «c) further request, only for the small and medium-sized enterprises, to access the guarantee fund under art. 12, paragraph 3, of the decree for the obtainment of the anticipation of the first tranche of facilitation, containing the authorization for the Ministry to withhold from the amount of anticipation a 2.7 per cent stake;». This Decree is published in the official journal of the Italian Republic.
Roma, March 6, 2015 Director General: Sappino
Search Translated Laws of Italy