LAW OF THE REPUBLIC OF MOLDOVA

of June 15, 2012 No. 139

About government assistance

The parliament adopts this organic law.

This law shifts article 107-109 of the Agreement on functioning of the European Union of March 25, 1957, partially shifts provisions of 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 and the Regulations of the Commission (EU) No. 1407/2013 of December 18, 2013 about application of articles 107 and 108 of the Agreement on functioning of the European Union concerning the little significant help published in the Official magazine of the European Union by L 352 of December 24, 2013 shifts provisions of Article 4 of Regulations of the Commission (EU) No. 794/2004 of April 21, 2004 on application of Regulations of Council (EU) No. 659/1999, of the application of article 93 of the Agreement on the EU published in the Official magazine of the European Union by L 140 of April 30, 2004 establishing regulations.

Chapter I General provisions

Article 1. Subject and scope of the law

(1) This law establishes the legal basis of procedure for permission, monitoring and reflection in the reporting of the government assistance provided to beneficiaries in all sectors of national economy for the purpose of maintenance of normal competitive environment.

(1-1) Provision of this law are not applied to the agricultural products provided by appendix 1 to the Agreement on the agricultural industry ratified by the Law on the entry of the Republic of Moldova into the World Trade Organization No. 218/2001.

(2) If international agreements which party is the Republic of Moldova regulating the sphere of government assistance, establish rules and provisions, excellent from provided by this law, rules and provisions of international agreements are applied.

(3) Cash monetarist policies of National Bank of Moldova do not belong to coverage of this law.

Article 2. Authorized body and its functions

The body equipped with functions of permission, monitoring and reflection in the reporting of government assistance is the Competition council.

Article 3. Basic concepts

(1) In sense of this law the terms used in it have the following value:

government assistance – any measure of support which corresponds to all following conditions:

a) it is provided in any form by the supplier from the state resources or resources of administrative and territorial units;

b) provides to the beneficiary the economic benefit unattainable in normal market conditions;

c) it is provided selectively;

d) distorts or can distort the competition;

the operating help – government assistance, respectively the scheme of government assistance or the individual help answering to one of the following conditions:

a) was effective before entry into force of this law;

b) it is permitted by Competition council;

c) The competition council did not accept concerning it in the time established by this law one of the decisions provided in this law;

d) at the time of application this measure did not represent the help and there was that thanks to market evolution subsequently without undergoing changes;

e) the term of its prescription expired;

the little significant help - the help which total provided amount, irrespective of its form and the purpose pursued by it, for no more than three-year period does not exceed the minimum threshold value making 5000000 lei on one beneficiary. Total amount of the little significant help which is provided to the company rendering services of general economic value does not exceed 10000000 lei for the three-year period, irrespective of its form. Total amount of the little significant help which is provided to the company performing transportation of goods at the expense of the third parties or on paid basis does not exceed 2700000 lei for the three-year period;

the illegal help – any government assistance, except acting or exempted from notification obligation according to this law which is provided without the permission of Competition council or is provided after the notification of Competition council, but before adoption of the decision by it concerning it in the time provided by the law;

illegally used help – the government assistance used by the beneficiary with violation of the decision of Competition council;

the individual help – the government assistance provided not on the basis of the scheme of government assistance or the help provided on the basis of the scheme of government assistance, requiring the notification in individual procedure;

the scheme of government assistance – any act based on which, without the need for additional measures for enforcement, the government assistance can be provided to the beneficiaries determined in contents of the act generally and abstract type or any act based on which the help which is not connected with the special project can be provided to one or several beneficiaries for uncertain period of time and/or in uncertain size;

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

the supplier of government assistance - any body of the public power or any legal entity who manages, directly or indirectly, the state resources or resources of administrative and territorial units;

the administrator of government assistance - any body of the public power or any legal entity designated by the supplier of government assistance to manage on its own behalf the state resources or resources of administrative and territorial units, in the relations with the beneficiary of government assistance;

the notification – the petition of the supplier and/or initiator of government assistance for permission of provision of government assistance addressed to Competition council;

the interested person – the supplier, the initiator, the beneficiary of government assistance, and also any other person whose interests can be infringed by provision of government assistance;

the state resources or resources of administrative and territorial units – set of property, including in the form of financial resources, belonging to the state, administrative and territorial units, including the autonomous territorial entity Gagauzia;

acceptable costs - the costs and expenses established by regulations of Competition council as costs and expenses which answer selection criteria and coverings at the expense of government assistance;

intensity of the help - the updated amount of the help in percentage expression from the updated amount of the acceptable costs established according to normative by acts, the accepted Competition council;

date of provision of government assistance - date of provision to the beneficiary of legitimate right for receipt of the help;

payment date of government assistance - date of the actual receipt of the help by the beneficiary.

(2) Other concepts used in this law are determined in sense of the Law o of the competition No. 183 of July 11, 2012.

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