The MINISTER of ECONOMIC DEVELOPMENT Saw the Decree-Law 1 April 1989, n. 120, converted, with amendments, by law May 15, 1989, n. 181 as amended, supporting and reinforcing measures for steel crisis, in implementation of the national plan of restructuring of the steel industry; View the permission notice SG (96) D/5815 of June 26, 1996, by which the Commission informed the Italian authorities not to raise objections against the abovementioned aid scheme pursuant to articles 92 and 93 of the EC Treaty and of articles 61 and 62 of the EEA Agreement; Having regard to the note from the European Commission in December 14, 2000, which is instructed to consider as compatible with the common market the aid referred to above, the Italian authorities having taken the necessary measures in accordance with art. 88, paragraph 1, of the Treaty; Having regard to the European Commission's subsequent permission notice September 18, 2003, C (2003) 3365, by which is instructed to consider as compatible with the common market the system extension is approved under law # 181/1989 in new areas of industrial crisis other than steel, as provided for by art. 73 of the law December 27, 2002, n. 289 (legge finanziaria 2003), and potentially to the whole national territory, in the presence of localized sectoral crises; Having regard to the additional extensions of incentives under law No. 181/1989 related to the aforementioned Community authorisation of September 18, 2003 and approved with the following provisions: art. 1, paragraphs 265-268, December 30, 2004, law No. 311; art. 11, paragraphs 8 and 9 of the Act May 14, 2005, n. 80; art. 1, section 30 of the Act December 23, 2005, n. 266; art. February 23, 2006 Law 37, n. 51, as well as with CIPE # 29 of March 22, 2006; Having regard to the provisions contained in resolutions of the CIPI October 13, 1989, April 12, 1990, June 28, 1990, December 20, 1990; in the Ministerial Decree of October 21, 2002, registered under no. 1120578; in the cited art. 73 of the law December 27, 2002, n. 289; deliberations of the CIPE # 130 of December 23, 2003 and # 29 of March 22, 2006; 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; Having regard to the aims of regional State aid map approved by the European Commission through decision of September 16, 2014 2014-2020 (SA 38930), referred to the press release published in the official journal of the European Union of October 17, 2014 C 369; 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 the Legislative Decree March 31, 1998, n. 123, 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 law no August 7, 1990. 241, recante: "new rules on administrative procedure and the right of access to administrative documents"; Having regard to the Decree-Law January 24, 2012, n. 1, converted, with amendments, by law No 27 March 24, 2012 and, in particular, article. 5-ter on the elaboration and attribution, upon application, to a rating of legality for companies operating in the country they reach a minimum turnover of two million; Having regard to the resolution November 14, 2012, n. 24075, Italian Antitrust Authority market, published in the Gazzetta Ufficiale della Repubblica italiana no 294 of December 18, 2012, and Decree February 20, 2014, # 57, Minister of economy and finance and the Minister of economic development, published in the Gazzetta Ufficiale della Repubblica italiana n. 81 of April 7, 2014, adopted in implementation of article. 5-ter of Decree-Law No 1 January 24, 2012; Having regard to the Legislative Decree March 14, 2013, n. 33, recante: "reorganization of discipline concerning the obligations of publicity, transparency and provision of information by public authorities"; Visto l'art. 2, paragraph 5, of the Legislative Decree of January 9, 1999, # 1, as replaced by art. 2 of legislative decree January 14, 2000, # 3 and then amended by art. 1, paragraph 463, December 27, 2006, law No. 296, giving faculty at central State administrations to enter into agreements with the National Agency for the attraction of investments and the development of enterprise S.p.a. -For the realization of their activities Invitalia of society, as well as linked to these activities, essential in order to achieve public purposes of; Having regard to the order of the Minister of economy and Finance November 2, 2004, published in the Gazzetta Ufficiale della Repubblica italiana no 287 of December 7, 2004, recante: "criteria and methods of granting of concessions of the Ministry of productive activities, in revolving funds for companies, as per art. December 27, 2002 law 72, n. 289 "; Having regard to Directive March 27, 2007, issued by the Minister of economic development under article. 1, section 461 of the Act December 27, 2006, # 296, indicating the aforesaid agency such as "instrumental institution of the Central Government" (point 2.1.1); Having regard to the Decree of the Minister of economic development January 8, 2009, registered under no 312, published in the Gazzetta Ufficiale della Repubblica italiana n. 64 del March 18, 2009, which dictated to the National Agency for the attraction of investments and the development of enterprise S.p.a.-Invitalia ex aid scheme for the adaptation of directives-lege n. 181/1989 and subsequent designations in Regulation (EC) No 800/2008 of August 6, 2008; Having regard to the Decree of the Minister of economic development January 25, 2010, published in the Gazzetta Ufficiale della Repubblica italiana no 97 of April 27, 2010, with which it was approved the unified regulating implementation addresses the relationship between the Ministry of economic development and the National Agency for the attraction of investments and the development of enterprise S.p.a. -Invitalia, for the implementation of the programme of industrial promotion in art. 5 of Decree-Law 1 April 1989, n. 120, converted, with amendments, by law May 15, 1989, # 181, and Decree-Law No 410 October 9, 1993, converted by law No 513 December 10, 1993; Having regard to the decree-law June 22, 2012, n. 83, containing "urgent measures for the country's growth", converted, with amendments, by law August 7, 2012, # 134, hereinafter "Decree-Law No. 83 of 2012 ", and, in particular, article. 27, concerning the reorganization of productive reconversion and retraining discipline of industrial complex crisis areas; Having regard to the Decree of the Minister of economic development January 31, 2013, published in the Gazzetta Ufficiale della Repubblica italiana n. 111 of May 14, 2013, which, pursuant to art. 27, paragraph 8, of Decree-Law No. 83 of 2012, disciplinale method of identifying industrial complex crisis situations, determines the criteria for the definition and implementation of projects of industrial reconversion and retraining and imparts the necessary directives to the National Agency for the attraction of investments and the development of enterprise S.p.a.-Invitalia, foreseeing the priority of access to interventions; See paragraph 8-bis of that art. 27, entered by the Decree-Law December 23, 2013, n. 145, converted, with amendments, by law No 9 February 21, 2014, with whom it is ordered that the Minister of economic development, with non-regulatory decree to be adopted after consulting the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano, regulate the conditions and modalities for the implementation of the interventions to be made in accordance with articles 5, 6, and 8 of Decree-Law 1 April 1989, n. 120, converted, with amendments, by law May 15, 1989, n. 181, as subsequently extended, in cases of complex industrial crisis situations other than those identified under the agreement art. 27, which are, however, significant impact on the development of the Territories concerned and on employment; Appropriate, in the light of the above legislative provisions, do, in the context of the implementation of the said paragraph 8 bis of article. 27, the updating implementation addresses referred to in the Ministerial Decree of January 25, 2010, as well as the completion of the content of the aforementioned ministerial decree of January 31, 2013 as regards the conditions and modalities for the implementation of the interventions to be made, pursuant to Decree-Law 1 April 1989, # 120, converted, with amendments, by law No 181 May 15, 1989 and subsequent amendments in cases of industrial complex crisis situations; Appropriate, also make some amendments to the addresses of implementation referred to in the Ministerial Decree of January 25, 2010, aimed, inter alia, to standardize the discipline of concession referred to in law No 181/1989 with that relative to other interventions facilitating; Acquired the opinion of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano, expressed at its meeting of May 7, 2015;
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) "managing subject": the National Agency for the attraction of investments and the development of enterprise S.p.a.-Invitalia;
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;
e) "de minimis regulation": 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) "production unit" means a production facility, equipped with technical autonomy, organizational, managerial and functional, possibly on more property and/or plants, even physically separate but connected functionally;
g) "181 Law": Decree-Law 1 April 1989, n. 120, converted, with amendments, by law May 15, 1989, n. 181 and subsequent amendments and supplements, supporting and reinforcing measures for steel crisis, in implementation of the national plan of restructuring of the steel industry;
h) "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 No. 238 of October 12, 2005;
s) "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), referred to the press release published in the official journal of the European Union of October 17, 2014 C 369;
l) "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;
m) "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, the cessation of the use of a process, the mere capital equipment replacement or extension, 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;
n) "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.