Home | Databases | WorldLII | Search | Feedback Maltese Laws

Malta Enterprise Act (Cap. 463) Enterprise Support Incentives Regulations, 2008 (L.N. 70 Of 2008 )

MALTA ENTERPRISE ACT (CAP. 463)
Enterprise Support Incentives Regulations, 2008

IN exercise of the powers conferred upon him by article 5 of the Malta Enterprise Act, hereinafter referred to as “the Act”, the Prime Minister and Minister of Finance and the Minister for Investment, Industry and Information Technology have made the following regulations>

1. (1) The title of these regulations is the Enterprise Support

Incentives Regulations, 2008.

(2) These regulations shall come into force on the 1st
January, 2008.

2. In these regulations, unless the context otherwise requires > “the Act” means the Malta Enterprise Act<

“the Corporation” means Malta Enterprise established under the Malta Enterprise Act<
“Guidelines” means such guidelines as may be published by the Corporation from time to time in terms of the Act<
“the Treaty” means the Treaty establishing the European Community published in the Official Journal of the European Union in the edition of the 29th December 2006<
“undertaking” means an undertaking as defined in the Act.

3. (1) Where the Corporation is satisfied that an undertaking is carrying on or intending to carry out an activity that may contribute to the economic development of Malta, the Corporation may provide such an undertaking with a cash grant as established in these regulations and in the Guidelines>

Title and

Commencement.

Interpretation.

Cash Grants.

B 1202

Provided that an undertaking shall not qualify for any of the benefits provided by these regulations if such undertaking operates in the –

(a) fishery or aquaculture sectors<
(b) primary production of agricultural products>
Provided that such assistance may be granted to undertakings that operate in the processing and marketing of agricultural products as described in Annex 1 to the Treaty>
Provided further that such assistance may not be granted to undertakings that operate in the processing and marketing of agricultural products as listed in Annex 1 to the Treaty>
(a) when the amount of the assistance would be fixed on the basis of the price or quantity of such products purchased from primary producers or put on the market by the undertakings concerned<
(b) when the assistance is conditional on being partly or entirely passed on to primary producers.
(2) Assistance under this regulation may not be granted> (a) when the assistance would be granted for export-
related activities towards third countries or Member States, that
would be directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity.
(b) when the assistance would be contingent upon the use of local over imported goods.
(c) when the assistance would granted to undertakings in difficulty.
(d) to undertakings selling by retail>
Provided that an undertaking shall be deemed not to sell by retail if its sales of goods or services are made to -
(i) a person who carries on a trade and the goods or services so sold to such person are either resold by such
person or are used by such person for the purpose of his trade< or
(ii) a person, other than an individual, who uses those goods or services for the purpose of an undertaking carried on by such person<
(iii) a person through e-commerce activities resulting in on-line transactions effected by means of a secure payment system.

4. Where the Corporation is satisfied that an undertaking carrying on or intending to carry out an activity that may contribute to the economic development of Malta, requires assistance for the participation in trade fairs, trade missions and other such events the Corporation may provide such an undertaking with a cash grant which shall not exceed

65% of the total costs incurred by the undertaking in accordance with the terms and conditions set out in the Guidelines.

5. Where the Corporation is satisfied that an undertaking carrying on or intending to carry out an activity that may contribute to the economic development of Malta, requires assistance to collaborate with other undertakings or to administer interactions between a number of undertakings that are collaborating with it with the aim of achieving common objectives, the Corporation may provide such an undertaking with a cash grant that may not exceed the limits set in regulation 9 in accordance with the terms and conditions set out in the Guidelines.

6. Where the Corporation is satisfied that an undertaking carrying on or intending to carry out an activity that may contribute to the economic development of Malta, requires assistance to set up business development projects, the Corporation may provide such an undertaking with a cash grant that may not exceed the limits set in regulation 9 in accordance with the terms and conditions set out in the Guidelines.

7. Where the Corporation is satisfied that an undertaking carrying on or intending to carry out an activity that may contribute to the economic development of Malta, requires the assistance of advisors in a particular field, the Corporation may provide such an undertaking with a cash grant that may cover up to 100% for the first fifteen hours of the costs of the services of such an advisor and that otherwise may not exceed 75% of the costs of the services of such advisor in accordance with the terms and conditions set out in the Guidelines.

B 1203

Assistance for participation in trade fairs, etc

.Assistance for collaboration with other

undertakings.

Assistance for business development projects.

Assistance for the engagement of advisors.

B 1204

Assistance for the development of international competitiveness.

‘De minimis rule’.

8. Where the Corporation is satisfied that an undertaking carrying on or intending to carry out a qualifying activity that may contribute to the economic development of Malta, requires assistance to support or develop the international competitiveness of the undertaking, the Corporation may provide such an undertaking with a cash grant that shall not exceed 65% of the eligible costs incurred in accordance with the terms and conditions set out in the Guidelines.

9. Any assistance that may be provided under these regulations shall be in conformity with the De Minimis Regulation as defined in Commission Regulation (EC) No. 1998#2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. An undertaking may receive a total amount of up to €200,000 of de minimis aid over a consecutive three fiscal year period. This maximum threshold includes all aid granted as de minimis aid from the Corporation as well as from any other entity.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz#Price

€0.37 (Lm0.16)