April 25, 2024 5 min read
New changes to the Development Law

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Liquidation of the investment projects that have been included in the Development Law of 1998, and reduction of the amount of support for the investment projects for the production of electricity from RES and CHP, which have been subject to the development laws of 2004 and 2011, promotes with the changes in the Development Law the Ministry of Economy & Finance Development .

At the same time, it changes the terms and conditions of inclusion of investment projects in the status of investments of major size of the last Development Fund. It excludes from aid as non-beneficiaries undertakings which have relocated in the two years prior to the submission of the application and extends by 2 years the deadline for carrying out checks. All the changes promoted by the Ministry of Economy are included in the bill "Harmonization of Greek legislation in Directive 2016/2013 of the European Parliament and other provisions" submitted to the Parliament.

The 7+1 changes in the Development Law and what they provide for

  1. Excluded from the aid under the latest Development Fund law as non-beneficiaries, enterprises which, in the two years preceding the submission of the application for aid, have relocated the enterprise in which the initial investment is to be carried out and for which aid is requested, or which do not undertake not to do so within two years of the completion of the initial investment for which aid is requested.
  2. The existing arrangements for capping aid for each investment project of EUR 5 million are clarified. for an individual enterprise EUR 10 million; euros for all partner enterprises or affiliated enterprises EUR 20 million. euro. These restrictions apply to investment projects subject to the provisions of the draft law to be voted on and for a period of 3 years from the issuance of the decision of inclusion. The excess aid amount shall be reduced proportionately by type of aid and group of costs.
  3. The aid restrictions to which the person concerned is entitled are redefined, namely:
  • the aid does not exceed, per year, 1/3 of the total authorised amount of the tax exemption, up from 20% currently in force, except in the case of its non-full utilisation in previous tax years due to lack of sufficient profits, and
  • the aid must not exceed 1/3 of the total approved amount of the 50% tax exemption currently in force, until the tax year of the adoption of the decision to complete and start the productive operation of the investment.
  1. The conditions for placing investment projects under the major investment scheme are redefined if the following are cumulatively met:
  • The total eligible cost of the investment must exceed EUR 15 million. from EUR 20 million euro currently in force,
  • The investment project should create at least 1 job out of 2 currently in force, per 1 million euros. of eligible investment costs.
  1. The ceiling of the approved aid, which is alternatively granted to the promoter of the investment in the form of a tax exemption, is raised to EUR 7 million. from 5 million euros currently in force.
  2. The deadline within which checks on the inclusion, completion and start of production of operation of investment projects for the production of electricity from solar energy up to 100kW is extended by 2 years.
  3. There is an obligation to submit an application within the prescribed deadline by the Entities of investment projects, which have been subject to the provisions of the 1998 law and for which no completion or revocation decisions have been issued, to the competent services for the implementation of this law, with notification of the degree of implementation of the investment project.
  4. For the investment plans for the production of electricity from RES and CHP, which have been subject to the development laws of 2004 and 2011, the aided amount for connection projects with the Greek Electricity Transmission System is reduced by the percentage of another electricity producer, in the cost of joint connection projects on the basis of the approved capacity, with a corresponding reform of the total aided amount. An amount of aid paid for these investment projects shall be reimbursed or set off against an aid amount remaining to be paid to the operator, with interest at its request.
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