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LAW OF THE REPUBLIC OF MOLDOVA

of June 15, 2012 No. 139

About government assistance

(as amended on 28-02-2020)

The parliament adopts this organic law.

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, except for agricultural industry for the purpose of maintenance of normal competitive environment.

(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 is lower than level, equivalent 2000000 lei on one beneficiary, provided to it during the period which is not exceeding three years irrespective of form and the pursued purpose provided that it is not connected with export activities. The procedure for provision of the little significant help is established by the regulation of Competition council;

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 central public management or administrative and territorial unit or any legal entity who manages, directly or indirectly, the state resources or resources of administrative and territorial units; the initiator of government assistance – the body given authority on initiation of drafts of the legal acts providing government assistance; the beneficiary of government assistance – any independent physical person or legal entity which is engaged in the economic activity consisting in goods offering or services in the market which receives 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.

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

Article 4. Compatible government assistance

Are recognized compatible to normal competitive environment and the following categories of government assistance are exempted from obligation of the notification of Competition council: 

a) the help of social nature provided to individual consumers on condition of provision of such help without discrimination on the basis of goods origin or services;

b) the help directed to compensation of damage owing to natural disasters or other emergency situations.

Article 5. The government assistance able to be compatible

(1) the following categories of government assistance Can be acknowledged compatible to normal competitive environment:

a) the help directed to elimination of serious distortions in economy;

b) the help directed to training of workers and to creation of new workplaces;

c) the help provided to small and medium scale enterprises;

d) the help directed to scientific research, developments and innovations;

e) the help directed to environmental protection;

f) the help provided to the subjects rendering services of general economic value;

g) the help provided for rescuing of the beneficiaries who got into difficulties;

h) the help directed to creation of the companies by female entrepreneurs;

i) the industry help depending on fields of activity of national economy;

j) the help on regional development.

(2) Assessment of compatibility with normal competitive environment of each of the categories of government assistance provided in part (1), it is performed on the basis of the regulations of Competition council developed taking into account provisions of the Law on the basic principles of regulation of business activity No. 235-XVI of July 20, 2006 and provides:

a) purpose and scope of the help;

b) assistance conditions;

c) categories of beneficiaries of the help;

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