Assistance to Small and Medium-Sized Undertakings

L.N. 59 of 2009

MALTA ENTERPRISE ACT

(CAP. 463)

Assistance to Small and Medium-Sized Undertakings

(Amendment) Regulations, 2009

IN exercise of the powers conferred upon him by article 5 of

the Malta Enterprise Act, hereinafter referred to as “the Act”, the

Minister of Finance, the Economy and Investment has made the

following regulations

The title of these regulations is the Assistance to Small and Title.

Medium-Sized Undertakings (Amendment) Regulations, 2009, and

they shall be read and construed as one with the Assistance to Small

and Medium-Sized Undertakings Regulations, 2008, hereinafter in L.N. 69 of 2008.

these regulations referred to as “the principal regulations”.

In the Maltese text of the principal regulations, the word Amends the Maltese

“intrapriża”, wherever it occurs, shall be substituted by the word text

“impriża”.

In regulation 2 of the principal regulations in the Amends regulation

definition “large undertaking”, “medium-sized undertaking”, “small 2 regulations.

undertaking” and “micro undertaking”, for the words “Commission

Recommendation 2003/361/EC as published in the Official Journal

of the European Union L124, p. 36 of 20 May 2003”, there shall be

substituted the words “Annex 1 of Commission Regulation (EC)

No 800/2008 of 6 August 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).”.

In regulation 3 of the principal regulations, immediately Amends regulation

after sub-regulation (3) thereof, there shall be added the following 3 regulations.

new subregulation

“(4) A small or medium-sized undertaking not carrying

on a qualifying activity in terms of sub-regulation (1) of this

regulation may still qualify for assistance in terms of regulations

6 and 10 provided that its activities are compatible with the

State Aid rules of the European Union.”.

In regulation 4 of the principal regulations, for the words Amends regulation

“shall not exceed 45% of the qualifying expenditure in tangible 4 of the principal

and intangible assets or 50% of the qualifying expenditure for

the acquisition of the services”, there shall be substituted the

following

“shall not exceed –

(a) 50% for small undertakings and 40% for

medium-sized undertakings of the qualifying expenditure

in tangible and intangible assets;

(b) 50% of the qualifying expenditure for the

acquisition of services.”.

In regulation 6 of the principal regulations

(a) immediately after the words “process innovation”,

there shall be added the words “, eco-innovation”; and

(b) for the words “shall not exceed 45% of the qualifying

expenditure in tangible and intangible assets or 50% of the

qualifying expenditure for the acquisition of the services”,

there shall be substituted the following

“shall not exceed –

(a) 50% for small undertakings and 40%

for medium-sized undertakings of the qualifying

expenditure in tangible and intangible assets;

(b) 50% of the qualifying expenditure for

the acquisition of services.”.

In regulation 10 of the principal regulations

(a) the word “start-up” shall be deleted; and

(b) for the words “not exceeding 45% of the qualifying

expenditure in tangible and intangible assets and not exceeding

50% for the qualifying expenditure for the acquisition of the

services”, there shall be substituted the following

“not exceeding –

(a) 50% for small undertakings and 40%

for medium-sized undertakings of the qualifying

expenditure in tangible and intangible assets;

(b) 50% of the qualifying expenditure for

the acquisition of services.”.

€0.19