This Law establishes the legal basis for the procedure for authorizing, monitoring and reporting state aid provided to beneficiaries in all sectors of the national economy, with the exception of agriculture, in order to maintain a normal competitive environment. An authority with the functions of authorizing, monitoring and reporting state aid is the Competition Council. State aid is any measure of support that meets all of the following conditions: (a) provided in any form by a public resource supplier, or resources of administrative-territorial units; (b) provides the beneficiary with an economic benefit not achievable under normal market conditions; (c) is provided selectively; and (d) distorts or may distort competition. State aid provider shall be intended any body of central public administration or administrative-territorial unit or any legal entity that manages, directly or indirectly, public resources or resources of administrative-territorial units. Beneficiary of state aid shall be intended any independent natural or legal person engaged in economic activity, consisting in offering goods or services on the market, who receives state aid. The following categories of state aid are recognized as compatible with the normal competitive environment and are exempted from the obligation to notify the Competition Council: (a) social assistance provided to individual consumers, provided that such assistance is provided without discrimination on the basis of the origin of goods or services; and (b) assistance directed towards reparations due to natural disasters or other emergency situations. The following categories of state aid may be considered compatible with the normal competitive environment: (a) aid aimed at correcting serious distortions in the economy; (b) assistance directed to the training of workers and the creation of new jobs; (c) assistance provided to small and medium-sized enterprises; (d) aid for research, development and innovation; (e) assistance directed to the protection of the environment; (f) assistance provided to entities providing general economic services; (g) assistance provided to rescue beneficiaries in distress position; (h) assistance for business start-ups by women entrepreneurs; (i) sectoral assistance depending on the areas of activity of the national economy; and (j) assistance for regional development. The following forms of assistance shall be considered state aid: (a) subventions and/or subsidies; (b) cancellation or acceptance of debt; (c) exemption, reduction, deferral or installment payment of taxes and fees; (d) granting loans at preferential interest rates; (e) provision of guarantees on preferential terms; (f) a supplier's investment if the rate of return on that investment is below the normal rate envisaged by a prudent private investor; and (g) reduction in prices for supplied goods and services, including the sale of movable and immovable property at a price below the market. State assistance may take the form of a state assistance scheme or individual assistance. This Law consists of II Chapters containing 23 Articles. Chapter I lays down general provisions. Chapter II regards process regulation.
Title:
Law No. LP139/2012 On state aid .
Country:
Republic of Moldova
Type of document:
Legislation
Files:
Repealed:
No