INVESTMENT AID FOR HIGH-EFFICIENCY COGENERATION REGULATIONS

INVESTMENT AID FOR HIGH-EFFICIENCY

COGENERATION

SUBSIDIARY LEGISLATION 463.13

INVESTMENT AID FOR HIGH-EFFICIENCY

COGENERATION REGULATIONS

1st May, 2016 *

LEGAL NOTICE 179 of 2016.

The title of these regulations is the Investment Aid for

High-Efficiency Cogeneration Regulations.

In these regulations unless the context otherwise requires

"the Act" means the Malta Enterprise Act;

"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;

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

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;

" un d e r ta ki ng " m e a n s a par tn e r sh ip c o ns tit ute d u n de r t he

Companies Act, being a partnership en nom collectif, en nom

commandite, or a limited liability company.

(1) Where the Corporation is satisfied that an undertaking

carrying on or intending to carry on an activity that may contribute

to the economic development of Malta, requires assistance with

respect to -

(a) new equipment to be fitted with an existing energy

transformation equipment which would result in a

high-efficiency cogeneration process;

(b)

new equipment which is classified as a high-

efficiency cogeneration process;

(c) upgrade to an existing cogeneration process which

would render it as a high-efficiency cogeneration

process;

(d) upgrade to an existing high-efficiency cogeneration

process which would improve the efficiency of the

process,

the Corporation may provide such an undertaking with a tax credit,

i n a c c o r d a n c e w i t h t he te r m s an d co n d i t i o ns s e t o u t i n t h e

Guidelines

Provided that for the purposes of this sub-regulation,

"cogeneration" and "high efficiency cogeneration" shall have the

meaning attributed to them in the Guidelines.

*see regulation 1(2) of these Regulations as originally promulgated.

INVESTMENT AID FOR HIGH-EFFICIENCY

COGENERATION

(2) The assistance provided by this regulation shall not

exceed -

(a) sixty-five per cent (65%) of the eligible costs in the

case of an undertaking which qualifies as a small

undertaking;

(b) fifty-five per cent (55%) of the eligible costs in the

case of an undertaking which qualifies as a medium-

sized undertaking;

(c) forty-five per cent (45%) of the eligible costs in the

case of an undertaking which qualifies as a large

undertaking,

i n a c c o r d a n c e w i t h th e t e r m s an d co nd i t i o n s se t o u t i n t h e

Guidelines.

Applications for assistance under these regulations shall

reach the Corporation by not later than the 1st March, 2019.