LAW OF THE REPUBLIC OF MOLDOVA

of August 24, 2026 No. 182

About government assistance

The Parliament adopts this organic law.

This law:

- shifts Article 93 and article 107-109 of the Agreement on functioning of the European Union published in the Official magazine of the European Union by C 202 of June 7, 2016, CELEX: 12016E/TXT;

- partially shifts Regulations of Council (EU) 2015/1589 of the July 13, 2015 establishing rules of application of article 108 of the Agreement on functioning of the European Union published in the Official magazine of the European Union by L 248 of September 24, 2015, CELEX: 32015R1589;

- partially the Regulations of the Commission (EU) shift No. 794/2004 of April 21, 2004 about application of Regulations of Council (EU) 2015/1589 the establishing detailed rules of application of article 108 of the Agreement on functioning of the European Union published in the Official magazine of the European Union by L 140 of April 30, 2004, CELEX: 02004R0794;

- partially the Message of the Commission on compensation of illegal and incompatible government assistance of C/2019/5396, published in the Official magazine of the European Union by C 247 of July 23, 2019 shifts CELEX: 52019XC0723(01);

- partially shifts the Message of the Commission of C (2003) 4582 of December 1, 2003 about professional secrecy in decisions concerning government assistance (2003/C 297/03), the European Union published in the Official magazine C 297 of December 9, 2003, CELEX: 52003XC1209(02).

Chapter I. General provisions

Article 1. Purpose, scope and subject of this law

(1) the Purpose of this law consists in providing the normative and institutional basis necessary for control of government assistance, for the purpose of prevention of misstatement of normal competitive environment and the prevention of impact on trade exchange between the Republic of Moldova and member states of the European Union.

(2) This law establishes the legal basis for procedures of the prior notice, the notification and permission of government assistance, the procedure of investigation, compensation of the illegal help or government assistance used illegally and also monitoring and the reporting concerning government assistance and the little significant help.

(3) Provisions of this law are applied to all sectors of national economy.

(4) This law extends to suppliers of government assistance and the little significant help, beneficiaries of the help, and also to interested persons.

(5) Provisions of this law are applied taking into account applicable court practice of Court of the European Union and other instruments of interpretation of institutes of the European Union.

Article 2. Basic concepts

(The following basic concepts mean 1) For the purpose of this law:

1) government assistance - any measure corresponding to all conditions provided by part (1) Article 5;

2) the operating help:

a) any help operating before the date of entry into force of the Law on government assistance No. 139/2012, according to the scheme of government assistance and the individual help which were applied before the date of entry into force of the specified law and continue to be applied after entry into force of the Law on government assistance No. 139/2012;

b) the permitted government assistance, according to the scheme of government assistance and the individual help permitted by Competition council;

c) the help which is considered permitted according to part (4) Article 19;

d) the help concerning which the term of limitation period for compensation expired;

e) the help which on Date of Introduction in action was not the help, but became afterwards that owing to market development and without modification by her supplier. If certain measures of support become the help owing to liberalization of any activities according to the national legal system or the European Union law, such measures are not considered as the operating help after the date established for liberalization;

3) the little significant help - the help provided to the single company which total amount does not exceed the threshold of the little significant help established in Articles 9 and 10, for the continuous three-year period, and for the little significant help in the field of fishery and aquaculture - the threshold of the little significant help established in Article 11, during three financial years;

4) the individual help - the government assistance provided not on the basis of the scheme of government assistance or provided on the basis of the scheme of government assistance, but requiring the notification in individual procedure;

5) the help of ad-hoc - the help provided not on the basis of the scheme of government assistance;

6) the illegal help - any new government assistance, except the operating help or exempted from notification obligation the help according to this law which was provided without the permission of Competition council;

7) the new help - any help, respectively any scheme of government assistance or any individual help which is not the operating help including change of the operating help;

8) illegally used government assistance - the government assistance used by her beneficiary with violation of the decision on permission or conditional permission of Competition council;

9) the beneficiary of government assistance - any independent physical person or legal entity performing the economic activity consisting in goods offering or services in the market irrespective of its legal status and method of financing which receives government assistance or the little significant help;

10) date of assistance - date of provision of legitimate right for receipt of the help to her beneficiary according to the national regulatory base;

11) help payment date - date of its actual receipt of the help by the beneficiary;

12) the supplier of the state help / the supplier of the little significant help - body of the public power or any legal entity managing directly or indirectly the state resources or resources of administrative and territorial units according to the law;

13) the financial intermediary - any subject of the financial sector, irrespective of pattern of ownership and the property right, performing activities on the basis of profit earning. It is considered that public development banks or public organizations of development do not fall under action of this determination if they act as the bodies providing the help and there is no cross subsidizing of the activities performed by them on own risk and at own expense;

14) intensity of the help - the gross cost of government assistance expressed as a percentage share from acceptable costs to deduction of taxes or other charges;

15) the single company - set of the companies which are legally or actually controlled by the same company or person or between which at least one of the following relations takes place:

a) the company has the majority of voting powers of shareholders or members of other company;

b) the company has the right to appoint or recall most of members of governing bodies, management or supervision of other company;

c) the company has the right to exert decisive impact on other company based on the agreement signed with the relevant company or based on provision of its constituent act or the charter;

d) the company which is the shareholder or the member of other company and solely the majority of voting powers of shareholders or members of the relevant company controlling based on the agreement with other shareholders or members of this company.

The companies between which in case of means of one or several companies any of the relations provided by Items a) - d take place), are considered as the single company;

16) the public company - any company on which public bodies can exert directly or indirectly the dominating impact based on the property right to it, share which these bodies have in this company, or based on the regulations regulating its activities.

It is supposed that the dominating influence in situation takes place if bodies of the public power directly or indirectly concerning the public companies:

a) own the majority of the subscribed capital of this company; or

b) control majority of votes, connected with the shares issued by the companies; or

c) can appoint more than a half of members of governing body, management or supervision;

17) the interested person - any supplier of the help and any person, the company or merging of the companies which interests can be infringed by assistance, in particular the beneficiary of appropriate assistance, the rival companies and professional associations;

18) the scheme of government assistance - any act based on which without the need for acceptance of additional measures for enforcement the individual help to the companies determined generally and abstract type and also any act based on which the help which is not connected with the special project can be provided to one or several companies for uncertain period of time and/or in uncertain size can be provided;

19) professional secrecy - information which is trade secret and also other confidential information including protected by the law, which became to the activities, known in case of implementation, for application of the law.

(2) Other concepts used in this law are applied in the value determined in the Competition act No. 183/2012 and in regulations of Competition council.

Article 3. Competent authority on application of this law and its main powers

(1) the Competition council is the national authority on the competition having competences on application of provisions of this law according to the powers established by this law.

(2) For the purpose of ensuring application of provisions of this law Competition council performs the following main powers:

a) advances culture of the competition in the field of government assistance;

b) adopts the regulations necessary for implementation of this law;

c) issues the conclusions on the drafts of regulations providing support measures which can represent the government or little significant assistance;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info