Regulations, 2015

L.N. 202 of 2015

MALTA ENTERPRISE ACT

(CAP. 463)

Aid for the Development of Workshops and Associate Retail

Outlets at the Ta’ Qali and Ta’ Dbieġi Crafts Village

Regulations, 2015

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

Malta Enterprise Act, the Minister for the Economy, Investment and

Small Business, in consultation with the Malta Enterprise

Corporation, has made the following regulations:-

The title of these regulations is the Aid for the

Development of Workshops and Associate Retail Outlets at the Ta’

Qali and Ta’ Dbieġi Crafts Village Regulations, 2015.

In these regulations unless the context otherwise requires

"the Act" means the Malta Enterprise Act;

"the bank" means a bank in terms of the Banking Act;

"category A certification" means a certificate issued by the

Corporation in collaboration with the Malta Crafts Council

confirming that authentic Maltese crafts are produced by the holder

undertaking;

"the Corporation" means Malta Enterprise established under the

Act;

"the Guidelines" means such guidelines as may be published by

the Corporation from time to time in terms of the Act;

"the Malta Crafts Council" means the Malta Crafts Council set

up under article 4 of the Malta Crafts Council Act;

"a new loan" means a new loan facility issued by a bank after

the 15th May 2015 that is not required for restructuring or

consolidating an existing debt;

"a single undertaking" shall include all undertakings having at

least one of the following relationships with each other

(a) one undertaking has a majority of the shareholders’

or members’ voting rights in another undertaking;

(b)

one undertaking has the right to appoint or remove a

majority of the members of the administrative, management or

supervisory body of another undertaking;

(c)

one undertaking has the right to exercise a dominant

influence over another undertaking pursuant to a contract

entered into with that undertaking or to a provision in its

memorandum or articles of association;

(d) one undertaking, which is a shareholder in or

member of another undertaking, controls alone, pursuant to an

agreement with other shareholders in or members of that

undertaking, a majority of shareholders’ or members’ voting

rights in that undertaking.

Undertakings having any of the relationships referred to in

paragraphs (a) to (d) through one or more other undertakings shall

also be considered to be a single undertaking;

"Ta’ Dbieġi Crafts Village" means Ta’ Dbieġi Crafts Village as

indicated in Annex II of the Guidelines;

"Ta’ Qali Crafts Village" means Ta’ Qali Crafts Village as

indicated in Annex I of the Guidelines;

"an undertaking" means an undertaking as defined in the Act.

(1) The provisions of these regulations shall apply in the Assistance for

case of undertakings, where the Corporation is satisfied that all or undertakings

operating in Ta’

part of the activities of such undertakings, are being carried on or Village

Dbieġi Crafts

carried out in Ta’ Dbieġi Crafts Village or Ta’ Qali Crafts Village.

Qali Crafts

Village.

(2) Where the Corporation is satisfied that a single

undertaking requires assistance to carry out a project as part of the

upgrading of Ta’ Qali Crafts Village, the Corporation may assist such

a single undertaking by means of a loan interest subsidy on a new

loan of up to two per cent (2%) in accordance with the terms and

conditions set out in the Guidelines

Provided that the new loan which qualifies for an interest

subsidy under these regulations shall be a loan provided by a bank

Provided further that applications for assistance under this

sub-regulation shall reach the Corporation by not later than noon of

the 31st December, 2015.

(3) Where the Corporation is satisfied that a single

undertaking is in possession of a Category A certification, the

Corporation may assist such a single undertaking by means of a cash

grant in accordance with the terms and conditions set out in the

Guidelines

Provided that applications for assistance under this sub-

regulation shall reach the Corporation by not later than the 30th April,

2018.

A single undertaking qualifying for assistance under these

regulations shall

(a)

furnish to the Corporation with such information

and documents which the Corporation may deem necessary for

the purpose of these regulations;

(b) provide the Corporation with reasonable access to

the workshops and associate retail outlets at the Ta’ Qali Crafts

Village or Ta’ Dbieġi Crafts Village for which assistance was

awarded, for the purposes of these regulations.

Any assistance provided under these regulations shall be in

conformity with Commission Regulation (EU) No 1407/2013 of 18

December 2013 on the application of Articles 107 and 108 of the

Treaty on the Functioning of the European Union to de minimis aid. A

single undertaking may receive a total amount of up to two hundred

thousand Euro (€200,000) of de minimis aid over a consecutive three

fiscal year period. This maximum threshold includes all aid granted

as de minimis aid from the Corporation as well as from any other

entity.

B

B

€0.36