AMENDMENTS TO LAW NO. 139/2012 ON STATE AID - VOTED IN FIRST READING

On 19 October 2023, the Parliament of the Republic of Moldova voted in the first reading the amendments to the Law No. 139/2012 on State Aid.

The main objective of this project was to increase the de minimis aid thresholds from 2 to 5 million MDL and up to 10 million MDL for Services of General Economic Interest (SGEI). This will ensure easier access to State support for enterprises, in line with EU rules.

Other amendments concern some adjustments of the national regulatory framework to EU rules in order to ensure greater efficiency in the granting and control of State aid.

For the purpose of streamlining and simplifying the procedures laid down by law, certain modifications to existing State aid may be notified by completing the Simplified Notification Form. Respectively, it is foreseen that in the case of simplified notification the Competition Council shall adopt a decision within one month from the day of receipt of the complete notification.

To ensure the efficiency of the investigation procedure in cases of breaches of State aid law, the draft provides for an extension of the investigation period up to 18 months from the opening of the procedure, given the complexity of such cases.

Another important aspect of the voted draft concerns the calculation of the interest for the illegally granted State aid to be recovered. The reference rate will be set by the Competition Council in accordance with the methodology approved by the Plenum of the Competition Council, taking into account the Commission Communication on the revision of the method for setting the reference and discount rates (2008/C 14/02).

The purpose of the adjustment of Law No. 139/2012 on State Aid is to bring national legislation in line with European rules, thus contributing to a fairer and more transparent business environment.