New implementing regulations on monitoring, withdrawing and recovering state aid/ “de minimis”

The Ministry for Business Environment, Trade and Entrepreneurship (BETE Ministry) enacted a new order that establishes implementing rules about monitoring, withdrawing, and recovering the state aid granted by the BETE Ministry
Under these provisions, the agencies for small and medium enterprises and investment attraction and export promotion (Agencies) must transmit to the BETE Ministry information about the following:

(i) The state aid / “de minimis” for which a recovery decision has been issued, including the conditions of the grant;
(ii) The state aid/ “de minimis” excepted from the notification obligation, including the conditions of the grant;
(iii) Any modifications to grants.

The information must include specific data bases to allow the BETE Ministry to better monitor state aids utilisation. Also, the Agencies must transmit specific information for monitoring purposes to the Romanian Competition Council upon request.

Moreover, based on the monitoring activities and the information received, the Agencies must submit proposals to withdraw state aid that do not comply with the conditions set forth in article 10 (the granting conditions or the EU criteria) or when the Agencies know that the state aid may have reached the limit granted. After setting the debt through a note and issuing a decision to recover the state aid, the Agencies must issue a withdrawing decision.

The process of recovering state aid created by the new implementing rules state that the Agencies can perform dawn-raids at the premises of the beneficiaries of state aid/ “de miminis” to verify the fulfilment of the conditions contained in article 10. If the findings include situations provided under art. 20, the Agencies must issue a findings report. Based on the findings report, the Agencies must then issue the note establishing the debt and that will substantiate the decision to recover the state aid.

The beneficiaries must pay the debt as established by the recovery decision within 30 calendar days if its issuance. Also, the beneficiary can contest in court the recovery decision within 15 calendar days of its notice.

Stratulat Albulescu - Attorneys at law