Regulations, 2015

L.N. 212 of 2015

MALTA ENTERPRISE ACT

(CAP. 463)

Malta Enterprise Act (Amendment of Various Regulations)

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 Malta Enterprise Act Citation.

(Amendment of Various Regulations) Regulations, 2015.

PART I

This part amends the Investment Aid Regulations and it Amendment of

shall be read and construed as one with the Investment Aid the

Aid

Regulations, hereinafter in this Part referred to as "the principal Regulations.

regulations".

Immediately after regulation 6 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

7.Applications for assistance under these

"Final date for

submission of

regulations shall reach the Corporation by not later than

applications

the 30 th June, 2014."

for assistance

under these

regulations.

PART II

This part amends the Assistance to Small and Medium- Amendment of

Sized Undertakings Regulations and it shall be read and construed as the

to Small and

one with the Assistance to Small and Medium-Sized Undertakings Medium-Sized

Undertakings

Regulations, hereinafter in this Part referred to as "the principal Regulations.

regulations".

In regulation 2 of the principal regulations, in the Amends

definition of "large undertaking", "medium-sized undertaking", regulation

the principal

"small undertaking" and "micro undertaking", for the words "certain regulations.

categories of aid compatible with the common market in application

of Articles 87 and 88 of the Treaty (General block exemption

Regulation);" there shall be substituted the words "certain categories

of aid compatible with the common market in application of Articles

87 and 88 of the Treaty (General block exemption Regulation):" and

immediately thereafter there shall be added the following new

proviso

"Provided that as from the 1 st July 2014, the definition of

"large undertaking", "medium-sized undertaking", "small

undertaking" and "micro undertaking" shall have the meaning

attributed to them by Annex I of Commission Regulation (EU)

No 651/2014 of 17 June 2014 declaring certain categories of aid

compatible with the internal market in application of Articles

107 and 108 of the Treaty (General block exemption

Regulation).".

In regulation 4 of the principal regulations, in paragraph

(b) thereof, for the words "50% of the qualifying expenditure for the

acquisition of services." there shall be substituted the words "50% of

the qualifying expenditure for the acquisition of services:" and

immediately thereafter there shall be added the following new

proviso

"Provided that applications for assistance under this

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

June, 2014.".

In regulation 5 of the principal regulations, for the words

"25% of the qualifying expenditure in the two years thereafter." there

shall be substituted the words "25% of the qualifying expenditure in

the two years thereafter:" and immediately thereafter there shall be

added the following new proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

In regulation 6 of the principal regulations, in paragraph

(b) thereof, for the words "50% of the qualifying expenditure for the

acquisition of services." there shall be substituted the words "50% of

the qualifying expenditure for the acquisition of services:" and

immediately thereafter there shall be added the following new

proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

In regulation 7 of the principal regulations, for the words

"the undertaking’s usual operating expenditure such as routine

consultancy services or advertising." there shall be substituted the

words "the undertaking’s usual operating expenditure such as routine

consultancy services or advertising:" and immediately thereafter there

shall be added the following new proviso

"Provided also that applications for assistance under this

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

June, 2014.".

In regulation 8 of the principal regulations, for the words Amends

"in respect of the first participation of an undertaking in a particular regulation

the principal

fair or exhibition." there shall be substituted the words "in respect of regulations.

the first participation of an undertaking in a particular fair or

exhibition:" and immediately thereafter there shall be added the

following new proviso

"Provided also that applications for assistance under this

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

June, 2014.".

In regulation 9 of the principal regulations, for the words Amends

"the qualifying expenditure related to personnel and other services regulation

the principal

required for the preparation and submission of the proposal." there regulations.

shall be substituted the words "the qualifying expenditure related to

personnel and other services required for the preparation and

submission of the proposal:" and immediately thereafter there shall be

added the following new proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

August, 2013.".

In regulation 10 of the principal regulations, for the words Amends

"one hundred and fifty per cent (150%) of the eligible expenditure regulation

the principal

incurred up to a maximum expenditure of twenty thousand euro regulations.

(€20,000)." there shall be substituted the words "one hundred and

fifty per cent (150%) of the eligible expenditure incurred up to a

maximum expenditure of twenty thousand euro (€20,000):" and

immediately thereafter there shall be added the following new

proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

In regulation 11 of the principal regulations, for the words Amends

"related to the ICT and e-business project." there shall be substituted regulation

the principal

the words "related to the ICT and e-business project:" and regulations.

immediately thereafter there shall be added the following new

proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

PART III

This part amends the Enterprise Support Incentives

Regulations and it shall be read and construed as one with the

Enterprise Support Incentives Regulations, hereinafter in this Part

referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

in the definition "the Treaty" for the words "Official

Journal of the European Union in the edition of the 29 th

December 2006." there shall be substituted the words "Official

Journal of the European Union in the edition of the 29 th

December 2006:" and immediately thereafter there shall be

added the following new proviso

"Provided that as from the 26 th October 2012, "the

Treaty" means the Treaty on the Functioning of the

European Union published in the Official Journal of the

European Union in the edition of the 26 th October 2012.";

(b) in the definition "undertaking", for the words

"except for the purposes of regulations 14 and 16" there shall be

substituted the words "except for the purposes of regulation 16".

In paragraph (c) of sub-regulation (2) of regulation 3 of the

principal regulations, for the words "when assistance would be

granted to undertakings in difficulty." there shall be substituted the

words "when assistance would be granted to undertakings in

difficulty:" and immediately thereafter there shall be added the

following new proviso

"Provided that the provisions of paragraph (c) of sub-

regulation 2 shall only be applicable to undertakings which

qualify for assistance under these regulations until the 31 st

December, 2013.".

Regulation 4 of the principal regulations shall be amended

as follows

(a)

the current regulation shall be re-numbered as sub-

regulation (1) thereof, and immediately thereafter there shall be

added the following new proviso

"Provided that the provisions of sub-regulation (1)

shall only be applicable to undertakings which qualify for

assistance under these regulations until the 31 st January,

2013.".

(b) immediately after sub-regulation (1) thereof, as re-

numbered, there shall be added the following new sub-

regulation

"(2) Where the Corporation is satisfied that an

undertaking carrying on or intending to carry out an

activity that may contribute to the economic development

of Malta, requires assistance to develop the international

competitiveness of the undertaking or for the participation

in trade fairs, trade missions and other such events, the

Corporation may provide such an undertaking with a cash

grant which shall not exceed fifty per cent (50%) of the

eligible costs incurred in accordance with the terms and

conditions set out in the Guidelines.

Provided that applications for assistance

under sub-regulation (2) shall reach the Corporation by not

later than the 31 st December, 2017.".

In regulation 5 of the principal regulations, for the words Amends

"with a cash grant that may not exceed the limits set out in regulation regulation

the principal

17 in accordance with the terms and conditions set out in the regulations.

Guidelines." there shall be substituted the words "with a cash grant

that may not exceed the limits set out in regulation 18 in accordance

with the terms and conditions set out in the Guidelines.".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

as follows

the principal

regulations.

(a)

the current regulation shall be re-numbered as sub-

regulation (1) thereof and immediately after there shall be added

the following new proviso

"Provided that applications for assistance under

this regulation shall reach the Corporation by not later than

the 31 st March, 2014.";

(b) immediately after sub-regulation (1) thereof, as re-

numbered, there shall be added the following new sub-

regulation

"(2) Where the Corporation is satisfied that an

undertaking carrying on or intending to carry out an

activity that may contribute to the economic development

of Malta, requires assistance of advisors in a particular

field, the Corporation may provide such an undertaking

with a cash grant which shall not exceed the amount of two

thousand five hundred euro (€2,500) per annum in

accordance with the terms and conditions set out in the

Guidelines

Provided that applications for assistance

under sub-regulation (2) shall reach the Corporation by not

later than the 31 st December, 2017.".

In regulation 8 of the principal regulations, for the words

"sixty-five per cent (65%) of the eligible costs incurred in accordance

with the terms and conditions set out in the Guidelines." there shall be

substituted the words "sixty-five per cent (65%) of the eligible costs

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

Guidelines:" and immediately thereafter there shall be added the

following new proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

In regulation 10 of the principal regulations, for the words

"sixty per cent (60%) of the eligible costs incurred in accordance with

the terms and conditions set out in the Guidelines." there shall be

substituted the words "sixty per cent (60%) of the eligible costs

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

Guidelines:" and immediately thereafter there shall be added the

following new proviso

"Provided that applications for assistance under this

regulation shall reach the Corporation by not later than the 31 st

December, 2013.".

Regulation 14 of the principal regulations shall be deleted.

In regulation 16 of the principal regulations, immediately

after sub-regulation (5), there shall be added the following new sub-

regulation

"(6) Applications for assistance under this regulation

shall reach the Corporation by not later than the 31 st December,

2013.".

€0.54