Digital and technological transformation of businesses – Development Law 4887/2022

The programme

Σκοπός του παρόντος καθεστώτος είναι η ενίσχυση των επενδυτικών σχεδίων που προάγουν τον ψηφιακό και τεχνολογικό μετασχηματισμό, καθώς και τη χρήση τεχνολογιών της «Βιομηχανίας 4.0» και αναβαθμίζουν τις σχετικές δεξιότητες του ανθρώπινου δυναμικού.

Τα υπαγόμενα επενδυτικά σχέδια αφορούν τις αναβαθμιζόμενες τεχνολογικά υφιστάμενες μονάδες και επιθυμούν να εισάγουν νέες ψηφιακές λειτουργίες και διαδικασίες, συνδυάζοντας μεθόδους παραγωγής με σύγχρονη τεχνολογία πληροφοριών και επικοινωνιών.

Who it concerns

Στο καθεστώς υπάγονται επενδυτικά σχέδια που έχουν ως αντικείμενο την τεχνολογική αναβάθμιση υφιστάμενων μονάδων, την εισαγωγή νέων ψηφιακών λειτουργιών και διαδικασιών και τον συνδυασμό μεθόδων παραγωγής με σύγχρονη τεχνολογία πληροφοριών και επικοινωνιών.

Investment projects must have the integrated character of an initial investment.

This scheme may also cover investment projects that do not meet the condition of the integrated character of the initial investment if they include expenditure falling within the following categories of expenditure:

a. δαπάνες για έρευνα, ανάπτυξη και καινοτομία
b. δαπάνες για την προστασία του περιβάλλοντος
c. δαπάνες για επαγγελματική κατάρτιση
d. δαπάνες ενισχύσεων προς ΜμΕ
e. expenditure on consultancy services for SMEs
f. innovation expenditure in SMEs
G. δαπάνες για διαδικαστική και οργανωτική καινοτομία για Μικρομεσαίες Επιχειρήσεις και Μεγάλες Επιχειρήσεις
H. expenditure on energy efficiency measures
I. expenditure on recycling and reuse of waste
J. costs for high-efficiency cogeneration from Renewable Energy Sources (RES) and the production of energy from Renewable Energy Sources
K. the costs of remediation of contaminated sites
 

Επιλέξιμες επιχειρήσεις

Eligible are companies that are established or have a branch in Greek territory at the time of commencement of the investment project and have one of the following forms:

• trading company,
• cooperative,
• Social Cooperative Enterprises (SPs) of 4430/2016 (A 2015)), Agricultural Cooperatives (AC), Producer Groups (POs), Agricultural Corporate Partnerships (ACPs) of Law 4384/2016 (A 78),
• companies being formed or merged, with the obligation to have completed the disclosure procedures before the start of work on the investment project,
• joint ventures engaged in commercial activity
• public and municipal enterprises and their subsidiaries, provided that:
  • they are not entrusted with the service of a public purpose,
  • they are not exclusively entrusted by the State with the provision of services,
  • δεν επιχορηγείται η λειτουργία τους με δημόσιους πόρους για το διάστημα τήρησης των
    μακροχρόνιων υποχρεώσεων του άρθρου 22.

Μη επιλέξιμες επιχειρήσεις

The following are not eligible and are excluded from aid under this scheme:

• undertakings which are subject to pending aid recovery proceedings at the time of the submission of the investment project application (Deggendorf principle),
• firms in difficulty, as defined in paragraph 18 of Article 2 of the General Tax Code (Article 1(4)(c) of the General Tax Code),
• enterprises which, during the two (2) years preceding the submission of the application for aid, have relocated to the business premises where the initial investment in respect of which aid is requested will take place or have not undertaken not to do so within a period of two (2) years after the completion of the initial investment for which aid is requested,
• enterprises implementing investment projects carried out on the initiative and on behalf of the State, on the basis of a relevant contract for the execution of a project, concession or provision of services.

Program budget

The entity's participation in the total eligible costs of the investment project may be made either through own funds or external financing, provided that twenty-five percent (25%) of it does not contain any state aid, public support or benefit (Article 14(14) G.A.K.).

The same participation can also consist of external funding. The alternative ways to cover equity are:

• Increase in share or company capital from new cash contributions
• Capitalization of existing taxable reserves and retained earnings
• Use of existing taxable reserves and retained earnings
• Asset disposal
• Bank loan

Amount of subsidy

The minimum eligible investment project size for the inclusion of investment projects in the present aid scheme is defined on the basis of the size of the entity, i.e:

• for large enterprises, in the amount of  one million (1.000.000) euros,
• for medium-sized enterprises, in the amount of  five hundred thousand (500,000) euros,
• for small enterprises, in the amount of  two hundred and fifty thousand (250,000) euros,
• for micro enterprises, in the amount of  one hundred thousand (100,000) euros,
• for the Social Cooperative Enterprises (JVs) of Law 4430/2016 (A'205), as well as the Agricultural Cooperatives (AC), the Producer Groups (POs) and the Agricultural Corporate Partnerships (ACPs) of Law. 4384/2016 (A' 78) in the amount of fifty thousand (50,000) euros.

Types of aid

• Tax exemption
• Subsidy
• Leasing subsidy
• Subsidization of the cost of employment created

 
For medium and large enterprises the aid includes all the above incentives except the grant.

The aid rates for the eligible costs of the initial investment will be granted on the basis of the intensity ceilings of the Regional Aid Map as follows:

a. For micro and small enterprises, the aid rates for all types of incentives other than grants are granted at the maximum rate laid down in the Regional Aid Map.

The grant incentive is awarded at eighty percent (80%) of the Regional Aid Charter ceiling.

Αυξημένο ποσοστό πιχορήγησης (στο ανώτατο ποσοστό του Χάρτη Περιφερειακών Ενισχύσεων) χορηγείται για τα επενδυτικά σχέδια που υλοποιούνται στις ακόλουθες περιοχές:

• Mountainous areas, according to the classification of EL.STAT., except the municipal units that form part of the urban complex of Athens,
• areas located up to thirty (30) kilometres from the border,
• islands with a population of less than three thousand one hundred (3,100) inhabitants.

 
b. For medium and large enterprisesThe aid rates for all types of incentives other than grants shall be granted at eighty percent (80%) of the regional aid map ceiling.
 
Increased aid rates (up to the maximum rate of the Regional Aid Map) are granted for investment projects that are implemented in the following areas:

• Mountainous areas, according to the classification of EL.STAT., except the municipal units that form part of the urban complex of Athens,
• areas located up to thirty (30) kilometres from the border,
• islands with a population of less than three thousand one hundred (3,100) inhabitants.

Restrictions

• The total amount of aid per submitted investment project can reach up to EUR 10.000.000
• The aid granted to each body, including aid to cooperating or associated enterprises may not exceed a cumulative total of 20 million euro. euros for an individual enterprise, and 30 million. euros for all related and cooperating undertakings, subject to the restrictions laid down in Article 4 of the General Tax Code.
• For investment projects that do not meet the condition of being an integrated initial investment project, the aid granted may not exceed the amount of one million (EUR 1 000 000).

 
These restrictions shall apply to investment projects subject to the provisions of this and for a period of three (3) years from the date of the entity's application for inclusion of its investment project.

Expenses subsidized

 
The investment projects covered herein may receive aid for eligible costs:

• Regional in nature for initial investment, either independently or in combination with non-regional aid from the other sections of the G.A.K. and other European Union Regulations or
• exclusively non-regional from the other sections of the GAC and other European Union Regulations, to the schemes provided for in Part B.

Regional investment aid

Regional aid is granted in accordance with the Regional Aid Charter for:

• Initial investment:
  • The investment in tangible and intangible assets in connection with the creation of a new business establishment, the expansion of the capacity of an existing business establishment, the diversification of the production of a business establishment into products that have never been produced in it, or the fundamental change of the entire production process of an existing business establishment.
  • The acquisition of assets belonging to a business establishment that has closed or would have closed had it not been purchased and which is purchased by an investor unrelated to the seller and excludes a simple acquisition of the shares of a business.
• Initial investment for new economic activity:
  • The investment in tangible and intangible assets related to the creation of a new business establishment, or the diversification of the business establishment's activity, provided that the new activity is not the same or similar to that previously carried out in the establishment.
  • The acquisition of the assets belonging to a closed business establishment which is purchased by an investor unrelated to the seller, provided that the new activity to be carried on using the acquired assets is not the same or similar to that practiced in the business establishment prior to the purchase.

Eligible expenditure for regional aid

Tangible assets

• Construction, expansion, modernization of building facilities and special and auxiliary building facilities and the shaping of the surrounding area. Aggregate may not exceed 45% of the total eligible costs.

  For investment projects in the tourism sector, the rate is set at 60% for building costs, for investments in the logistics sector in 70% also for the building costs of these investment projects, while for investment projects for plant production in greenhouses the rate is 60%. Finally, for buildings that are classified as listed buildings, this coefficient amounts to 80%.

• Purchase of all or part of the existing fixed assets, such as buildings, machinery and other business establishment equipment, under the following conditions, which must be cumulative:
  • the business establishment is closed,
  • the purchase is made by the entity of the investment plan, which is not related to the seller of the business establishment of approx. i unless it is a small business, which is acquired by an employee of the original owner,
  • the relevant transaction is carried out under normal market conditions. The cost of assets which have previously been granted or subsidized through development laws or other aid schemes prior to their purchase shall be deducted from such eligible expenditure.
• Purchase and installation of new modern machinery and other equipment, technical installations and means of transport that move within the area of ​​the integrated unit
• Leases for financial leasing of new modern machinery and other equipment
• Modernization of special non-building facilities and mechanical facilities

Intangible assets

• Transfer of technology, purchase of intellectual property rights, licenses, patents, know-how and unproprietary know-how
• Quality assurance systems, certifications, software supply and installation and business organization systems

 
For large enterprises, the aided expenditure on intangible assets may not exceed thirty percent (30%) of the total aided regional aid expenditure. For SMEs the maximum percentage is fifty percent (50%).

Wage cost

The wage costs of new jobs created as a result of the implementation of the investment plan are subsidized, calculated for a period of two (2) years from the creation of each position.

Conditions for wage cost support

1. Mandatory a net increase in the number of Annual Work Units (AWUs) compared to the AWUs of the previous 12 months from the date of submission of the application for membership
2. The filling of jobs should be within 3 years from the date of completion and start of production operation
3. Each job created through the investment is maintained in the assisted establishment concerned for a period of at least five (5) years for large enterprises, at least four (4) years for medium-sized enterprises and at least three (3) years for small enterprises, from the date of first occupation.

Eligible expenditure other than regional aid:

• Consultancy fees for SMEs
  Only for new small and medium-sized enterprises and up to €50,000 (up to 5% of total eligible costs)
• Innovation expenditure for SMEs
• They concern a budget of up to 20% of the total supported costs and up to 200.000 EUR
• Δαπάνες για διαδικαστική και οργανωτική καινοτομία για Μικρομεσαίες Επιχειρήσεις και Μεγάλες Επιχειρήσεις
  They concern a budget of up to 10% of the total supported costs and up to 100,000 euros
• Investment costs for energy efficiency measures
• Costs for waste recycling and reuse
• Investment costs for co-production of high efficiency energy from RES
• Expenditures for energy production from RES
• Δαπάνες για αποκατάσταση μολυσμένων χώρων
• Vocational training expenses

Important dates

Expected

Necessary supporting documents for submission

Expected

Useful Archives

18/01/2022
Draft Law "Development Law - Greece Strong Development"

02/02/2022
Map of Regional Aid

04/02/2022

Development Law 4887/2022

22/07/2022
Special areas with increased aid rates