G/SCM/N/253/EU/Add.22  
 
9 September 2013  
(13-4689)  Page: 1/46  
Committee on Subsidies and Countervailing Measures  Original: English  
 
SUBSIDIES 
NEW AND FULL NOTIFICATION PURSUANT TO ARTICLE XVI:1 OF 
THE GATT 1994 AND ARTICLE 25 OF THE AGREEMENT ON 
SUBSIDIES AND COUNTERVAILING MEASURES 
EUROPEAN UNION 
Addendum 
The following addendum to the notification of the European Union relates to the subsidy 
programmes of Romania . 
 
_______________ 
 G/SCM/N/253/EU/Add.22 
 
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  ROMANIA  
 
TABLE OF CONTENTS 
 
1   SMES ...................................................................................................................... ..... 4 
1.1   Training for Traders ................................................................................................... 4 
1.2   Improving the access  to finance for SMEs ..................................................................... 4  
1.3   Development of SMEs ................................................................................................ 5  
1.4   Start (Programme for Young Entrepreneurs) .................................................................. 6  
1.5   The Handicraft and Folk Art ......................................................................................... 7  
1.6   Stimulating the setting-up and development of micro enterprises by young 
entrepreneurs ................................................................................................................. . 9 
1.7   Minimis aid ............................................................................................................. . 10 
1.8   Stimulation of SME's ................................................................................................. 11 
1.9   Stimulation of  microenterprises .................................................................................. 13 
2   COAL AN D MINING  .................................................................................................... 14  
2.1   Coal and Mi ning Activities .......................................................................................... 14 
3   PRIVATIZAT ION PROCESS ........................................................................................ 16  
3.1   Enhancing priv atization process .................................................................................. 16 
4   ENVIRO NMENT .......................................................................................................... 17  
4.1   Environmental protection ........................................................................................... 17 
4.2   High Efficien cy Cogene ration ...................................................................................... 19 
4.3   Green certificates for promotin g electricity from renewable sources ................................. 20 
4.4   Minimis aids ............................................................................................................. 21 
5   ENHANCING EXPO RT ACTIVITIES ............................................................................. 22  
5.1   Enhancing Ex port Activities ........................................................................................ 22 
5.2   Export  Promot ion ..................................................................................................... 24 
6   FREE TRADE AREAS ................................................................................................... 25  
6.1   Free trade Areas ....................................................................................................... 25 
7   REGIONAL DEVELOPMENT ......................................................................................... 26  
7.1   Regional develo pment by investments ......................................................................... 26 
7.2   Regional Development............................................................................................... 27 
7.3   State aid granted for strengthening and modernizing the production of SMEs .................... 32 
7.4   Financing the initial investment in R&D and innovation ................................................... 33 
7.5   Regional development by creating an d developing business support structures .................. 34 
7.6   Regional development by suppo rting the investme nts in tourism ..................................... 36 
7.7   Investment in harnessing renewable energy resources ................................................... 37 
7.8   Investment in regional sustainabl e development and redu ction of emissions ..................... 38 
7.9   Aid for investments realized by SMEs for the developm ent of e-economy .......................... 38 
7.10   State aid for strengthening and modernizing large enterprises ....................................... 39 
8   RESEARCH & DEVELOPMENT ..................................................................................... 41  G/SCM/N/253/EU/Add.22 
 
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  8.1   Innovation  and Rese arch ........................................................................................... 41 
8.2   Research and Development ........................................................................................ 42 
9   CULTURE AND CULTURAL HERITAGE CONSERVATION ............................................... 45  
9.1   State aid granted for cinematography .......................................................................... 45 
 
  
Official Exchange Rates 
 
2011 1 Euro = Lei 4.2379 
1 USD = Lei 3.0486 
 
2012 1 Euro = Lei 4.4560 
1 USD = Lei 3.4682 G/SCM/N/253/EU/Add.22 
 
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  1  SMES 
1.1  Training for Traders 1. Title of the subsidy 
 
The Programme for the Development and Modernizat ion of Market Products and Services Trading 
Activities (de minimis aid).  
2. Period covered by the notification 
 
2011-2012.  
3. Policy objective and/or purpose of the subsidy 
 
Supporting the economic operators dealing wi th the marketing of goods and services. 
 
4. Background and Authority for subsidy (including the identification of legislation through 
which they are granted) 
  Agency for Implementation of Projects and Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterage of SMEs setting up and development (annual 
medium personnel number smaller than 250 employees and a net annual turnover less than 
€50 million, equivalent in Lei-Romanian currency, or they own total assets which do not exceed equivalent in Lei of €43 million); 
 Decision no. 147 of 04.05.2012 of the President of the Agency for Projects and Programmes 
Implementation for Small and Medium Enterpri ses regarding the approval of The Programme 
for the Development and Modernization of Market  Products and Services Trading Activities. 
5. Form of the subsidy 
 
Non-repayable financial allocation.  
6. Beneficiaries of the subsidy 
 
Legal persons (companies/cooperatives), as Art. 2, Law No. 346/2004 regarding the fosterage of 
SMEs founding, modified and completed by Government Ordinance No. 27/2006. 
 7. Total granted amount for the subsidy 
 2011 – € 1,597,689.0 / 70 beneficiaries. 2012 – € 3,519,481.0 / 175 beneficiaries.  
8. Duration of subsidy and/or any other time limits, including the beginning date 
 
The Programme started in 2003. 
 
9. Statistical data / effects on international trade 
 
No effect on international trade. 
 1.2  Improving the access to finance for SMEs 
1. Title of the subsidy 
 
The Multi-annual National Programme to support the access to finance for SMEs – Mihail Kogalniceanu (the minimis aid). 
 G/SCM/N/253/EU/Add.22 
 
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  2. Period covered by the notification 
 
2011-2012.  
3. Policy objective and/or purpose of the subsidy 
 
The Mihail Kogalniceanu program is a multiannual program, for 2011-2013, which allows the 
SME-s to access credit lines with a maximum value of 400.000 lei/SME/year, the interest being 
fully/completely/entirely subsidized by the Romanian State. Besides the interest subsidization facilities, the SME’s have the possibility to obta in credit guarantees using the state guarantees 
granted through the National Fund of Credit Guarantees for SME’s in the event they do not have 
enough collaterals in order to access the credit lines. 
 4. Background and Authority for subsidy (including the identification of legislation through 
which they are granted) 
  Agency for Implementation of Projects and Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterage of SMEs setting up and development (annual 
medium personnel number smaller than 250 employees and a net annual turnover less than €50 million, equivalent in Lei-Romanian currency, or they own total assets which don't 
exceed equivalent in Lei of €43 million); 
 Government Emergency Ordinance no. 60/2011 for approval the Mihail Kogalniceanu 
program for Small and Medium Enterprises. 
5. Form of the subsidy 
 
Soft loans, guarantees. 
 
6. Beneficiaries of the subsidy 
 Legal persons (companies/cooperatives). 
 
7. Total granted amount for the subsidy 
 
2011 – € 20,701.0 / 314 beneficiaries. 
2012 – € 1,763,303.0 / 2431 beneficiaries.  
8. Duration of subsidy and/or any other time limits, including the beginning date 
 
The Programme started in 2011.  
9. Statistical data / effects on international trade 
 
No effect on international trade. 
 
1.3  Development of SMEs 
1. Title of the subsidy 
 
The Programme for the establishment and developm ent of technological and business incubators 
(the minimis aid).  
2. Period covered by the notification 
 
2011-2012. 
 G/SCM/N/253/EU/Add.22 
 
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  3. Policy objective and/or purpose of the subsidy 
 
The National Multiannual Program for 2002-2012 for the establishment and development of technological and business incubators has as ge neral objective the development of small and 
medium enterprises (SMEs) in Romania, through the establishment of new business incubators, as 
well as developing business incubators already existing and creating a network of business incubators in Romania. 
 
4. Background and Authority for subsidy (including the identification of legislation through 
which they are grated) 
 
 Agency for Implementation of Projects and Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterage of SMEs founding and development with further 
modifications and completions; 
 Decision no. 133 of 27.07.2011 of the President of the Agency for Projects and Programmes 
Implementation for Small and Medium Enterpri ses regarding the approval of the Programme 
for 2002-2012 for the establishment and development of technological and business 
incubators. 
5. Form of the subsidy 
 
Grant. 
 6. Beneficiaries of the subsidy 
 Legal persons (companies/cooperatives), as defined by Law No. 346/2004 regarding the fosterage of SMEs founding, with further modification and completion (annual medium personnel number 
smaller than 250 employees and a net annual turnover less than €50 million, equivalent in Lei-
Romanian currency, or they own total assets which do not exceed equivalent in Lei the €43 million).  
7. Total granted amount for the subsidy 
 
2011 – € 252,247.0 / 54 beneficiaries. 
2012 – € 385,996.0 / 85 beneficiaries. 
 8. Duration of subsidy and/or any other time limits, including the beginning date 
 The Programme started in 2006.  9. Statistical data / effects on international trade 
 No effect on international trade.  
1.4  Start (Programme for Young Entrepreneurs) 
1. Title of the subsidy 
 
Programme to development of entrepreneurial skills among youth and to facilitate their access to 
financing – START (de minimis aid).  2. Period covered by the notification 
 2011-2012.  
3. Policy objective and/or purpose of the subsidy 
 
Entrepreneurial education given through: seminars , campaign, entrepreneurial courses, brochures 
and guides. G/SCM/N/253/EU/Add.22 
 
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The beneficiaries were Romanian young people, 18-40 years old and micro enterprises.  4. Background and Authority for subsidy (including the identification of legislation through 
which they are granted) 
  Agency for Implementation of Projects and Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterage of SMEs setting up and development (annual 
medium personnel number smaller than 250 employees and a net annual turnover less than €50 million, equivalent in Lei-Romanian currency, or they own total assets which don't 
exceed equivalent in Lei of €43 million); 
 Decision no. 62 of 07.03.2012 of the President of the Agency for Projects and Programmes 
Implementation for Small and Medium Enterpri ses regarding the approval of the Programme 
to development of entrepreneurial skills among youth and to facilitate their access to 
financing – START. 
5. Form of the subsidy 
 
Training and grants.  6. Beneficiaries of the subsidy 
 Legal persons (companies/cooperatives) and authorized domestic association, as defined by Art. 2, Law No. 346/2004 regarding the fosterage of SMEs founding, modified and completed by 
Government Ordinance No. 27/2006. 
 7. Total granted amount for the subsidy 
 2011 – €2,311,680 / 105 beneficiaries. 2012 – €786,640 / 38 beneficiaries.  
8. Duration of subsidy and/or any other time limits, including the beginning date 
 
The Programme started in 2004. 
 
9. Statistical data / effects on international trade 
 
No effect on international trade. 
 1.5  The Handicraft and Folk Art 
1. Title of the subsidy 
 
The national multi-annual Programme for supporting the handicrafts and folk art in 2002-2012 (the minimis aid). 
 
2. Period covered by the notification 
 
2011-2012. 
 3. Policy objective and/or purpose of the subsidy 
 
SMEs development by: 
  supporting the handicrafts and folk art; 
 strengthening the craftsmanship, physical persons, associations, commercial and 
cooperatives societies - from rural or urban areas; G/SCM/N/253/EU/Add.22 
 
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   protecting the handicrafts and hand-made products and services, including folk-art 
products; 
 promoting these products on the national and international markets; 
 increasing the number of jobs in this field, especially for young people and women, all over 
the country. 
Through this programme, the following eligible activities are to be supported: 
 
a. participation to international fairs and exhibitions, with own stand or in association with 
others, 
b. participation to national fairs and exhibitions, with own stand or in association with 
others, 
c. elaboration of brochures or other printed materials to promote the applicant's activities, 
written in Romanian language and in at least one foreign language of international circulation, 
d. website construction to promote the applicant's activity, products and services, also in 
Romanian language and in at least one foreign language of international circulation, 
e. purchasing computers (hardware and software) and printers, 
f. purchasing tools, equipments, devices, machineries (except technological lines, which do 
not preserve the hand made specific for the final products). 
4. Background and Authority for subsidy (including the identification of legislation through 
which they are grated) 
 
Order of the President of the National Agency  for Small and Medium Sized Enterprises and 
Cooperatives based on the minimis  aid Regulation and the Romanian Law No. 346/2004 regarding 
the fosterage of SMEs founding and development (annual medium personnel number smaller than 
250 employees and a net turnover less than €50 million, equivalent in Lei-Romanian currency, or they own total assets which do not exceed the equivalent in Lei of €43 million). 
 
Decision no. 64 of 07.03.2012 of the President of the Agency for Projects and Programmes 
Implementation for Small and Medium Enterprises regarding the approval of the national multi-
annual Programme for supporting the handicrafts and folk art in 2002-2012. 
 
5. Form of the subsidy 
 
Non-repayable financial allocation. 
 6. Beneficiaries of the subsidy 
 The beneficiaries are commercial companies, cooperatives societies and other legal persons such as associations, foundations.  
7. Total granted amount for the subsidy 
 
2011 – €228,910 / 32 beneficiaries. 
2012 – €154,084 / 46 beneficiaries. 
 8. Duration of subsidy and/or any other time limits, including the beginning date 
 The Programme has been started in 2003.  G/SCM/N/253/EU/Add.22 
 
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  9. Statistical data / effects on international trade 
 
No effect on international trade due to the very  small number of the beneficiaries compared with 
the total number of SMEs. 
 
1.6  Stimulating the setting-up and deve lopment of micro enterprises by young 
entrepreneurs 
1. Title of the subsidy programme 
 
Program for stimulating the creation and de velopment of micro enterprises by young 
entrepreneurs. 
 
2. Period covered by the notification 
 
2011-2012. 
 3. Policy objective and/or purpose of the subsidy 
 The provisions of the Program shall apply to the new-created micro enterprises directed by young entrepreneurs, who intend to carry on for the first time an economic activity by means of a limited liability company (hereinafter referred to as "SRL-D"). 
 
4. Background and authority for the subsidy 
 
Agency for Implementation of Projects and Programmes for Small and Medium Sized Enterprises; 
 Government Emergency Ordinance no. 6/2011 for stimulating the setting-up and development of 
micro enterprises by young entrepreneurs. 
 5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The minimis aid is provided from th e state budget in form of grants. 
 6. To whom and how the subsidy is provided 
 The young entrepreneur who can benefit of the Program, hereinafter referred to as debutant 
entrepreneur, is the major individual who cumulatively meets the following conditions: 
 
a. has full legal capacity; 
b. is less than 35 years old; 
c. before the date of registering the company wi th the Trade Registry he was not nor he is 
in capacity as shareholder or member of the governing bodies of a company created 
within the European economic area; 
d. creates for the first time a limited liability company; 
e. registers a sworn affidavit, under the sanction  of criminal law for false statements, that 
he meets the conditions stipulated at point c), which he files with the Trade Registry together with the request for registration of the company. 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
During 2011-2012, 671 new-created micro enterprises received grants in amount of 
21,055,680 Lei. 
 G/SCM/N/253/EU/Add.22 
 
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  8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
The decision entered into force in 2010 and the undertakings may receive minimis aid until 2012. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 1.7  Minimis aid 
1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 
The Government Decision no. 1164/2007 for granting de minimis aid for the development or 
modernization of undertakings, as amended. 
 2. Period covered by the notification 
 2011-2012.  3. Policy objective and/or purpose of the subsidy 
 Purpose of this decision is the establishment of a state aid scheme with the objective of providing 
de minimis aid for the development or modernization of undertakings. 
 
The subsidy is granted up to Lei equivalent of 200,000 Euros in a period of 3 fiscal years for each SME which makes investments in the purpose of its modernization and for developing its activities, 
such as industrial or touristic constructions or the acquisition of the equipments. 
 4. Background and authority for the subsidy 
 
The Government Decision no. 1164/2007 for granting de minimis aid for the development or 
modernization of undertakings.  
The Ministry of Public Finance is the grantor. 
 5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 The minimis aid is provided from th e state budget in form of grants. 
 6. To whom and how the subsidy is provided 
 The beneficiaries are SMEs who fulfill the criteria of this state aid scheme.  
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 For the year 2011: 179,971,605.00 lei / 516 undertakings. 
For the year 2012: 0,00 lei / 0 undertaking.  For the information cited in items 3 to 7 above, the notification does not necessarily have to have 
an independent heading corresponding to each item, and may provide information on multiple 
items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, the notification must clearly specify what items are covered by which heading. 
 
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The decision entered into force in 2007 and the undertakings may receive minimis aid until 31 December 2011.  G/SCM/N/253/EU/Add.22 
 
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  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available.  
1.8  Stimulation of SME's 
1. Title of the subsidy programme 
 
The stimulation of SMEs that process agricultural products in order to obtain alimentary products. 
 2. Period covered by the notification 
 
2011 – 2012. 
 3. Policy objective and/or purpose of the subsidy 
 Facilitating the development of the economic activities of the SMEs which process agricultural products in order to obtain food products, other than those listed in Annex 1 to the EC Treaty, as 
well as the SMEs engaged in processing agricultural products in order to obtain and use renewable 
sources of energy and bio-fuels by investing in tangible and intangible assets.  4. Background and authority for the subsidy 
 
a. The authority for this subsidy is the Ministry of Agriculture and Rural Development. 
b. The legislation on the basis of which the grant is provided is as follows: 
 Order no. 211 from 25 March 2008 on the approv al of the State aid scheme "Incentives for 
the SMEs that process agricultural products with the purpose of obtaining alimentary products, other than those laid down in the Annex 1 to the CE Treaty and also those 
involved in activities of agricultural products processing in order to obtain and use renewable 
energy and bio-fuels" and "Incentives for mi croenterprises within the field of primary 
processing of wood and non-wood forest products"; 
 The provisions of art. 28 - The increase of added value for the agricultural and forest 
products from the Council Regulation (CE) no. 1698/2005 on support for rural development 
granted from the European Agricultural Fund for Rural Development (FEADR) and those at the point 5.2, second paragraph, Anne x II of the Commission Regulation (CE) 
no. 1974/2006 laying down the detailed rules for the application of the Council Regulation 
(CE) no. 1698/2005; 
 The provisions of art. 23 of the Government  decision no. 224/2008 on the establishment of 
the general framework for the implementation  of the measures financed through the 
European Agricultural Fund for Rural Development through the National Plan for the Rural Development 2007-2013. 
5. Form of the subsidy 
 
The state aid is provided from the state budget in form of grants.  
Co financing: 80% - European Agricultural Fund  for Rural Development and 20% - state budget. 
 6. To whom and how the subsidy is provided 
 
(1) The state aid is granted within the present scheme if the beneficiary has adressed a 
request for state aid, before the start of the execution work of the investment project, and if, the Payment Agency for Rural Development and Fishing (APDRP) has 
subsequently confirmed in writing, under the condition of more detailed screening, 
that the project fulfills the eligibility conditions laid down in the scheme; 
 
(2) If the works begin prior to the fulfillment of the conditions laid down at point 1, then 
the project is not eligible for state aid; G/SCM/N/253/EU/Add.22 
 
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(3) A beneficiary may lodge a second project within the present scheme, provided that 
the first one has been finalized; 
 
(4) The eligibility criteria for granting state aid is: 
 
a. The project must comply with the conformity  of the general objective of the present 
scheme and with at least one of the specific objectives; 
b. The beneficiary or the legal responsable/manager of the project must prove a profesional 
qualification/training concerning the project;  
c. The beneficiary must provide the joint financing of the investment: 
- 60% of the total amount of eligible expe nditures for the projects realized in the 
Bucharest-Ilfov region; 
- 50% of the total amount of eligible expendit ures for the projects realized in the other 7 
development regions; 
d. The beneficiary must submit all the notes and all the agreements according to the 
legislation within the sanitary - veterinary field, sanitary, fitosanitary and the 
environment needed in order to fulfill the investment within the project. For all types of 
investments, the potential beneficiaries mu st obtain/secure the environment agreement 
according to the national legislation. In certain situations, it is compulsory that the environment agreement must be associat ed with/accompanied by the environment 
impact study; 
(5) The selection criteria applicable for the present scheme is: 
 
-  microenterprises that adapt themselves to the community standards; 
 
-  SMEs from the priority sectors, within the order of priorities laid down within the measure 
123 from the PNDR 2007-2013; 
 
-  SMEs from the areas where there are raw materials and there are no processing capacities; 
 
-  SMEs that didn’t receive another SAPARD/FEADR aid; 
 
-  SMEs that act also as producers of raw materials as well as processors. 
 7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 In 2011 there were 40 undertakings who received grants in amount of 12,000,780.0 lei In 2012 there were 19 undertakings who received grants in amount of 3,453,210.0 lei 
 
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The state aid scheme was available/valid until the 31 December 2008. The non-refoundable fund 
within the present State aid scheme could have been contracted until 31 December 2008. The 
execution term/duration for a project contracted under this State aid scheme is maximum 36 
months, exceptionally the extension of the term/duration can be required and the payment is done during the execution of the contract on the basis of the expenses declarations and of the execution 
reports performed by the beneficiary, in maximum 5 payment instalments. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 G/SCM/N/253/EU/Add.22 
 
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  1.9  Stimulation of  microenterprises 
1. Title of the subsidy programme 
 
Incentives for micro enterprises within the fiel d of primary processing of wood and non-wood 
forest products. 
 2. Period covered by the notification 
 2011 – 2012.  3. Policy objective and/or purpose of the subsidy 
 Facilitating the development of micro enterprises in the forest sector for the achievement of high quality primary forest products, in accordance with EU quality standards. 
 
4. Background and authority for the subsidy 
 
a. The authority for this subsidy is the Ministry of Agriculture and Rural Development; 
b. The legislation on the basis of which the grant is provided is as follows: 
 Order no. 211 from 25 of March 2008 on the approval of the State aid scheme "Incentives 
for the SMEs that process agricultural products with the purpose of obtaining alimentary 
products, other than those laid down in the Annex 1 to the CE Treaty and also those 
involved in activities of agricultural products processing in order to obtain and use renewable energy and bio-fuels" and "Incentives for micro enterprises within the field of primary 
processing of wood and non-wood forest products"; 
 The provisions of art. 28 - The increase of added value for the agricultural and forest 
products from the Council Regulation (CE) no. 1698/2005 on support for rural development 
granted from the European Agricultural Fund for Rural Development (FEADR) and those at 
the point 5.2, second paragraph, Annex II of the Commission Regulation (CE) no. 1974/2006 laying down the detailed rules for the application of the Council Regulation (CE) no. 1698/2005; 
 The provisions of art. 23 of the Government  decision no. 224/2008 on the establishment of 
the general framework for the implementation  of the measures financed through the 
European Agricultural Fund for Rural Development through the National Plan for the Rural 
Development 2007-2013. 
5. Form of the subsidy 
 
The state aid is provided from the state budget in form of grants. 
 Co financing: 80% - European Agricultural Fund  for Rural Development and 20% - state budget. 
 
6. To whom and how the subsidy is provided 
 
State aid for investments granted to micro enterprises within the wood products field for: 
 
 Capitalizing on wooden products: 
a. Gathering, shaping, sorting and transporting trees; 
b. Producing lumber, including thin-cut wood; 
c. Drying wood; 
d. Impregnating or chemical treating wood with preservatives and other materials; G/SCM/N/253/EU/Add.22 
 
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  e. Collecting wood chips, sawdust and other fragments of wood; 
f. Packaging and packing wooden products and secondary products; 
g. Producing items for burning by processing the biomass obtained from the primary 
process of the trees gathered; 
h. Gathering and processing forest trees/shrubs from bio-energetic crops. 
 Capitalizing on non-wooden products by ga thering, sorting, packaging and temporary 
storing, in order to commercialize forest mushrooms, forest fruits and other natural products 
resulted from the spontaneous forest flora (v arnish, resin, balms, vegetable hair, grass, 
forest seeds, moss, lichen, medicinal plants, flowers and leaves with therapeutic and fragrance qualities). 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
In 2011 there were 74 undertakings who received grants in amount of 5,817,310.0 lei 
In 2012 there were 11 undertakings who received grants in amount of 1,488,780.0 lei 
 8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The state aid scheme is available/valid until 31 December 2008. The non-refoundable fund within the present State aid scheme could be contracted until 31 December 2008. The execution 
term/duration for a project contracted under this State aid scheme is maximum 36 months, 
exceptionally the extension of the term/duration ca n be required and the payment is done during 
the execution of the contract on the basis of the expenses declarations and of the execution 
reports performed by the beneficiary, in maximum 5 payment instalments. 
 9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  2  COAL AND MINING 
2.1  Coal and Mining Activities 
1. Title of the subsidy programme 
 
State aid to facilitate the closure of uncompetitive coal mines, in the period 2011 – 2018. 
 2. Period covered by the notification 
 2011-2012.  3. Policy objective and/or purpose of the subsidy 
 The objective of the scheme is the granting of aid to facilitate the closure of Petrila, Paroseni and Uricani production units. For each of these production units to be closed, Plans for the Ceasing of 
Activity have been elaborated, containing the precise dates for ceasing the exploitation activity. 
 Respectively, the permanent ceasing of coal production is: 
 
-  Production Unit – Petrila Colliery: 31 December 2015; -  Production Unit – Uricani Colliery: 31 December 2017; -  Production Unit – Paroseni Colliery: 31 December 2017. 
 G/SCM/N/253/EU/Add.22 
 
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  4. Background and authority for subsidy 
 
The state aid is compatible with the internal market for the period from 1 January 2011 until 
31 December 2018 pursuant to Council Decision 2010/787/E.U. of 10 December 2010 on State aid 
to facilitate the closure of competitive coal mines. 
 
a. The grantor was the Ministry of Economy; 
b. The legislation on the basis of which the subsidy is provided as follows: 
 Government Decision no. 1069/2007 on the En ergy Strategy of Romania for the period 
2007-2020;  
 Mining Law no. 85/2003; 
 Government Program 2009-2012, Chapter 7, Energy and mineral resources- Revenue and 
Expenses Budget of the National Hard Coal Company on 2011; 
 Government Decision no. 107 of 28 February 2012 approving state aid in order to facilitate 
the closure of uncompetitive coal mines of the National Coal Company - SA Petrosani for 
2012; 
 Government Decision no. 371 of 24 April 2012 approving state aid in order to facilitate the 
closure of uncompetitive coal mines of the Na tional Coal Company - SA Petrosani for 2011; 
 Order no. 429 of 2 March 2012 for granting State aid representing exceptional expenditure 
from the state budget 2010/787/UE Council Decision of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines. 
5. Form of the subsidy 
 
The subsidy is provided as a direct grant. 
 
6. To whom and how subsidy is provided 
 
The beneficiary is the Nati onal Hard Coal Company. 
 7. Subsidy per unit, or in cases this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 The total budget for the measure is:  
For the year 2011: Lei 0.0 
For the year 2012: Lei 170,204,000.0  
8. Duration the subsidy and/or any other time limit attached to it 
 
The time limit of subsidy for CNH Petrosani is year 2018 inclusive.  
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 G/SCM/N/253/EU/Add.22 
 
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  3  PRIVATIZATION PROCESS 
3.1  Enhancing privatization process 1. Title of the subsidy programme 
 
The Government Emergency Ordinance No. 26/2004 regarding some measures to be taken for the 
completion of privatization of companies in the portfolio of the Authority for Privatization and Management of State Ownership, as well as for the strengthening of privatization process. 
 
2. Period covered by the notification 
 2011-2012. 
 
3. Policy objective and/or purpose of the subsidy 
 
The completion of the accelerated privatization process of the commercial entities that are still in 
the portfolio of AAAS/AVAS, especially those with significant social and economic impact, as well as the strengthening of some privatizations in order to maintain these commercial entities operating 
without major social disruptions, serving the public interest generally and immediately. 
 4. Background and authority for the subsidy 
 
The Government Emergency Ordinance No. 26/2004 regarding some measures to be taken for the 
completion of privatization of companies in the portfolio of the Authority for Privatization and Management of State Ownership, as well as for the strengthening of privatization. 
 
5. Form of the subsidy 
 
 Total or partial exemption from the payment of the liabilities accrued at 31 December 2003, 
representing taxes, contributions and other budgetary obligations, as well as credits and guarantees granted by budgetary creditors; 
 Exemption from the payment of the interests and penalties of any kind, related to the 
budgetary obligations owed and not paid at 31 December 2003 and stipulated in the 
budgetary obligations certificates, calculated until the property right transfer; 
 The amounts are settled in the budgetary obligations certificates, issued by AAAS/AVAS, 
according to the provisions of the G.E.O No. 26/2004, after the fiscal control made by the 
local authorities; 
 The payment incentives in the joint order lose validity if the commercial entity does not pay 
the current obligations of each fiscal year fr om the moment of the joint order delivery. 
6. To whom and how the subsidy is provided 
 
The provisions of this ordinance shall apply to companies where the State is a shareholder and 
they are still in the portfolio of AAAS/AVAS or to companies privatized by AAAS/AVAS. 
 7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 In 2011 there was 1 undertaking that benefited of exemption from the payment of budgetary 
obligations in the amount of 3.580.581 Lei. 
In 2012 it has not been granted any kind of state aid.  8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The articles that provided facilities were repealed by G.E.O. No. 26/2005, but the companies 
where the transfer ownership took place before th e entry into force of this ordinance and/or who 
have concluded contracts for sale of shares before the effective date of this ordinance, with G/SCM/N/253/EU/Add.22 
 
- 17 - 
 
  provisions on facilities for payment will benefi t from budget payment facilities regulated by the 
G.E.O. No. 26/2004.  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  
4  ENVIRONMENT 
4.1  Environmental protection 1. Title of subsidy programme 
 
Allocation for environment protection: 
 
- Project on treatment of urban and industrial wastewater; 
- Project on the prevention, reduction and control of pollution; 
- Project on reducing air emissions of sulphur dioxide, nitrogen dioxide, floating particles and dust, lead, carbon monoxide and VOCs; 
- Project on recycling waste resulted from plastic packaging; 
- Modifying the regional state aid scheme regard ing the promotion of clean technologies and 
producing energy from renewable energy sources; - Project on management of wooden waste from forests and farms and wood processing; 
- Project on recycling and storing waste resulted  from industrial activities and individual 
households; - Project on waste glass processing for recycling; 
- Project on recycling waste tires 
- Project on treatment of urban and in dustrial wastewater – minimis Scheme 
- Project on the prevention, reduction an d control of pollution - minimis Scheme 
- Project on reducing air emissions of sulphur dioxide, nitrogen dioxide, floating particles and 
dust, lead, carbon monoxide and VOCs - minimis Scheme - Project on recycling waste resulted from plastic packaging - minimis Scheme - Project on management of wooden waste and sawdust exploitation of forests, trees and 
wood processing industry - minimis Scheme 
- Project on promotion of clean technologies and producing energy from renewable energy 
sources - minimis Scheme 
- Project on management of protected natural areas - minimis Scheme 
- Project on reducing and preventing impact s caused by geomorphological processes - 
minimis Scheme 
- Project on replacement or supplement of the conventional heating systems by using solar 
energy systems, geothermal energy and wind energy other systems leading to improvement 
of air quality, water and soil - minimis Scheme (only for companies) - The Programme on stimulating the renewal of the national car park - minimis Scheme 
(legal persons) 
- The Programme on stimulating the renewal of the national tractors park and agricultural machines - minimis Scheme (legal persons) 
 
2. Period covered by the notification 
 
2011 – 2012. 
 3. Policy objective and/or purpose of the subsidy 
 
Aid for environment protection. 
 4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is the Administration for Environment Fund. 
b. The legislation on the basis of which the subsidy is provided is as follows: the Decisions 
of the Selection Committee of the Environmental Fund no.4 bis/04.05.2007, 
no.5/04.05.2007, no.12/07.08.2007, no.8/04.05.2007, no.7/04.05.2007, G/SCM/N/253/EU/Add.22 
 
- 18 - 
 
  no.15/18.10.2007, no.6/01.10.2008 no.6/04.05.2007, no.9/04.05.2007 (in base of the 
Commission Regulation no.1628/2006 of 24 October 2006 on the application of 
Articles 87 and 88 of the EC Treaty to national regional investment aid (Block Exemption Regulation for regional aid)  and the Disposal of the President of the 
Environmental Fund no.69/04.05.2007, no.106/06.08.2007, no.92/26.06.2007, 
no.136/03.10.2007, no.68/04.05.2007, no.145/25.10.2007, no.96/04.07.2007, no.140/15.10.2007, no.243/08.10.2009, no.179/24.02.2011, no.437/14.07.2011 (in 
base of the Regulation (EC) no.1998/2006 on the application of art. 87 and 88 
of the Treaty to de minimis aid)  
5. Form of the subsidy 
 
The subsidy is provided as a grant. 
 6. To whom and how the subsidy is provided 
 The beneficiaries are undertakings whose projects are selected by a Committee based on criteria 
provisioned in the Environmental Handbook. 
 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total amount of the subsidies granted per each project is as follows: 
 
A. Project on treatment of urban and industrial wastewater 
 
For the year 2011: 1,857,872.62 Lei For the year 2012: 0 Lei 
 
B. Project on the prevention, reduction and control of pollution 
 
For the year 2011: 3,379,242.20 Lei 
For the year 2012: 0 Lei 
 
C. Project on reducing air emissions of su lphur dioxide, nitrogen dioxide, floating 
particles and dust, lead, carbon monoxide and VOCs 
 
For the year 2011: 6,636,516.83 Lei 
For the year 2012: 0 Lei 
 
D. Project on recycling and storing waste result ed from industrial activities and individual 
households 
 
For the year 2011: 23,141,143.99 Lei For the year 2012: 2,334,905.23 Lei 
 
E. Modifying the regional state aid scheme regarding the promotion of clean technologies 
and producing energy from renewable energy sources 
 
For the year 2011: 171,974,939.10 Lei For the year 2012: 56,259,124.57 Lei 
 
8. Duration of the subsidy and/or any other time limits attached to it 
 
The Disposal no.140/15.10.2007 was in force until the end of the year 2009 . 
 
The Disposal no.68/04.05.2007, no.96/04.07.2007 was in force until the end of the year 2010 . 
 
The Decisions no.4 bis/04.05.2007, no.5/04.05.2007, no. 12/07.08.2007, no.8/04.05.2007, 
no.7/04.05.2007, no.15/18.10.2007, no.6/01.10.2008 no.6/04.05.2007, no.9/04.05.2007 and the Disposal no.69/04.05.2007, no.106/06.08.2007, no.92/26.06.2007, no.136/03.10.2007, no.145/25.10.2007, no.243/08.10.2009 was in force until the end of the year 2011 . G/SCM/N/253/EU/Add.22 
 
- 19 - 
 
   
The Disposals no.179/24.02.2011, no.437/14.07.2011 are in force until the end of the year 2013 . 
 9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  
4.2  High Efficiency Cogeneration 
1. Title of subsidy programme 
 
The support scheme on the promotion of high effi ciency cogeneration based on the useful heat 
demand. 
 2. Period covered by the notification 
 2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
Aid for environment protection.  
4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is the Romanian Energy Regulatory Authority.  
b. CN Transelectrica S.A. /S.C. OPCOM S.A. is responsible for the administration of the 
support scheme, and its main responsibilities are: collecting the monthly contribution for the cogeneration and the payment of the monthly bonuses. 
c. The legislation on the basis of which the subsidy is provided is as follows: 
Government Decision no. 219/2007 on the promotion of the cogeneration based on useful 
heat demand; 
Romanian Government Decision no. 1215/2009 regarding the criteria and conditions for 
implementing the support scheme on the promotion of high effi ciency cogeneration based on 
the useful heat demand. 
5. Form of the subsidy 
 
The bonus for the electricity produced.  
The bonus is that amount of money a producer of electricity and heat from cogeneration receives 
for every electricity unit (MWh) produced from high  efficiency cogeneration, and injected into the 
National Power System.  
6. To whom and how the subsidy is provided 
 
Annually ANRE nominates the electricity and heat cogeneration benefiting from the support 
scheme. 
 The bonuses are calculated for three types of fuels used for electricity and heat cogeneration, solid 
fuel, gas supplied through the transport networ k and gas supplied through the distribution 
network, as difference between the total producti on costs of an equivalent cogeneration power 
plant and the income it can generate by using the electric energy market price, respectively the 
thermal energy unitary cost for an equivalent thermal power plant, difference related to the 
electric energy delivered by the cogeneration power plant taken into consideration. 
 The funds required in order to grant the state aid are extra budgetary. 
 G/SCM/N/253/EU/Add.22 
 
- 20 - 
 
  The funds required in order to grant the state aid are obtained through the monthly collection of a 
cogeneration contribution paid by all the electr ic energy consumers and by the suppliers that 
export electric energy; the collected funds are tran sferred by the electric energy suppliers to the 
support state aid scheme administrator, CN Transelectrica SA. 
 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 The total budget for the measure is:  For the year 2011: Lei 594,507,740/ 37 beneficiaries. 
For the year 2012: Lei 978,098,260/ 41 beneficiaries. 
 8. Duration of the subsidy and/or any other time limits attached to it 
The support scheme shall be applied during the period 2010-2023.  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  4.3  Green certificates for promotin g electricity from renewable sources 
1. Title of subsidy programme 
 
Promotion System of Renewable Energy. 
 
2. Period covered by the notification 
 
2011 – 2012. 
 3. Policy objective and/or purpose of the subsidy 
 
Aid for environment protection  
 The primary objective of the measure is to ensure compliance with the mandatory renewable 
energy target of Directive 2009/28/EC on the pr omotion of the use of energy from renewable 
sources by 2020.  
In the case of Romania this target was set at th e level of 24% of the final energy consumption. 
 4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is the Romanian Energy Regulatory Authority.  
b. The legislation on the basis of which the subsidy is provided is as follows: 
Law no. 220 of 27 October 2008 on establishing the promotion system for the production of 
electricity from renewable energy sources. 
 5. Form of the subsidy 
 The beneficiaries receive support in the form af green certificates, from which they can 
subsequently generate income by selling them on the green certificates market.   
6. To whom and how the subsidy is provided 
 
Beneficiaries are all companies, large companies as well as SMEs. 
 G/SCM/N/253/EU/Add.22 
 
- 21 - 
 
  The system of promoting electricity produced from  renewable energy sources, implemented by the 
law no. 220/2008 shall be applied for the electricity supplied into the electric grid and/or to the consumers, produced from:  
-  hydraulic energy used in power station with installed power of maximum 10MW; 
-  wind energy; -  solar energy; 
-  geothermal energy; 
-  biomass; -  bio liquids; -  biogas. 
 
Shall not be applied for:  
a. electricity produced from imported industrial and/or city waste, regardless of the 
installed power of the electric plant; 
b. electricity produced in plants which accumulate by pumping the water previously 
pumped in the superior basin; 
c. electricity produced in power plants using re newable and conventional energy sources in 
the same combustion plant, if the energy co ntent of the conventional fuel used exceeds 
10% of the total energy content; 
d. electricity related to the internal technical consumption of the plant. 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total budget for the measure is:  
For the year 2011: Lei 387,612,311.0 / 67 beneficiaries. 
For the year 2012: Lei 1,083,600,113.0 / 110 beneficiaries.  8. Duration of the subsidy and/or any other time limits attached to it 
 The support scheme shall be applied during the period 2011-2016.  
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 
4.4  Minimis aids 
1. Title of subsidy programme 
 
Allocation for environment protection: 
 -  Disposition of Environmental Fund President no 179 / 24.02.2011 - de minimis aid for the Motor 
fleet renewal Program; 
-  Disposition of Environmental Fund President no 437 / 14.07.2011 - de minimis aid for purchase by the Romanian economic operators of tractors and agricultural machines new, less polluting; 
-  Disposition of Environmental Fund President no. 69 / 04.05.2007 - de minimis aid for the 
modernization, rehabilitation or acquisition of treatment plants of municipal and industrial wastewater.  
2. Period covered by the notification 
 
2011 – 2012. 
 G/SCM/N/253/EU/Add.22 
 
- 22 - 
 
  3. Policy objective and/or purpose of the subsidy 
 
Minimis aid for environment protection.  
4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is the Administration for Environment Fund. 
b. The legislation on the basis of which the subsidy is provided is as follows: the Disposition 
of the President of the Environmental Fund no. 179/2011, no. 437/2011, no. 69/2007. 
5. Form of the subsidy 
 
The minimis aid is provided from th e state budget in form of grants. 
 6. To whom and how the subsidy is provided 
 The beneficiaries are undertakings whose projects are selected by a Committee based on criteria 
provisioned in the Environmental Handbook. 
 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total amount of the subsidies granted per each project is as follows: 
 A. Aid for the Motor fleet renewal Program 
  a) for the year 2011: 2,147,000.00 lei / 162 undertakings.  b) for the year 2012: 1,539,000.00 lei / 113 undertakings. 
 
B. Aid for purchase by the Romanian economic operators of tractors and agricultural machines 
new, less polluting 
 
 a) for the year 2011: 17,000.00 lei / 1 undertaking. 
 b) for the year 2012: 0.00 lei  
C. Aid for the modernization, rehabilitation or acquisition of treatment plants of municipal and 
industrial wastewater 
  a) for the year 2011: 478,830.00 lei / 3 undertakings. 
 b) for the year 2012: 236,480.00 lei / 1 undertaking.  8. Duration of the subsidy and/or any other time limits attached to it 
 The Decisions are in force until the end of the year 2013.  
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 
5  ENHANCING EXPORT ACTIVITIES 
5.1  Enhancing Export Activities 1. Title of the subsidy programme 
 
Programme of growing the industrial products competitiveness.  
2. Period covered by the notification 
 
2011-2012. 
 G/SCM/N/253/EU/Add.22 
 
- 23 - 
 
  3. Policy objective and/or purpose of the subsidy 
 
The state aid for:  
a. implementation and certification of quality management and/or systems of 
environmental management and/or establishment of environmental management; 
b. implementation and certification of management systems of occupational health and 
safety, management systems for social responsibility and food hygiene and/or 
management systems information security; 
c. facilities and/or upgrading of laboratories for testing and calibration of existing and 
accreditation, as appropriate; 
d. voluntary certification of products and/or obtaining eco-label products; 
e. assimilation of technologies and new products which the economic operators to 
maximize the research results obtained within the framework of research and 
development funded from public funds and im plementation of inventions protected by 
authors Romanian State Office for Inventions and Trademarks; 
f. analysis of the activity in manufacturing industries planned to achieve restructuring and 
development-viability. All these implementations will be monitored; 
g. organizing and arranging business premises in  the existing spaces, exhibitions and/or 
stand for the presentation of industrial products; 
h. the registration and protection of the Roma nian industrial design and/or marks on 
external markets. 
4. Background and authority for subsidy 
 
a. The grantor of the subsidy in 2011 and 2012 was the former Ministry of Economy, 
Commerce and Business Environment (now Ministry of Economy); 
b. The legislation on the basis of which the subsidy is provided as follows: 
 Government Emergency Ordinance No. 120/2002 regarding the approval of the National 
System of Export Promotion, 
 Government Decision no 1510/2008 regardin g the approval of the grants mechanism 
according with the Programme of growing the industrial products competitiveness. 
5. Form of the subsidy 
 
The subsidy is provided as a grant on the basis of account expense approved by the specialized 
directorates from Ministry of Economy, Commerce and Business Environment (now Ministry of 
Economy).  
6. To whom and how subsidy is provided 
 
The scheme is opened for all the private and pub lic undertakings, in manufacturing sectors. The 
amount granted to each stake holder is maximum € 200.000, depending on the stake holder 
application, and for a maximum period of time of 3 consecutive years. 
 7. Subsidy per unit, or in cases this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 The total budget for the measure is: 
 
For the year 2011: Lei 11, 440, 911, 00. G/SCM/N/253/EU/Add.22 
 
- 24 - 
 
  For the year 2012: Lei  7,700,000.00. 
 8. Duration the subsidy and/or any other time limit attached to it 
 
The programme has started in 2003 and will be finished in 2013. 
 9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  5.2  Export Promotion 
1. Title of the subsidy programme 
 
Support and promotion of export with financing from the State Budget. 
 
2. Period covered by the notification 
 
2011-2012. 
 3. Policy objective and/or purpose of the subsidy 
 
The aid for export promotion is provided through international fairs and exhibitions, economic 
missions, trade information portal, market studies and other events.  
4. Background and authority for the subsidy 
 
a. The grantor of the subsidy was the Ministry of Economy, Commerce and Business 
Environment (now Ministry of Economy). 
b. The legislation on the basis of which the subsidy is provided is as follows: 
 Government Emergency Ordinance No. 120/2002 regarding the approval of the National 
System of Export Promotion, 
 Government Decision No. 296/ 2007 regardin g the approval of the grants mechanism 
according with the Annual Programme of Export Promotion. 
5. Form of the subsidy 
 
The subsidy was provided as a grant on the ba sis of expenses approved by the specialized 
directorates from the Ministry of Economy, Co mmerce and Business Environment (now Ministry of 
Economy). 
 6. To whom and how the subsidy is provided 
 
The scheme is opened for all the private and pub lic undertakings, in all sectors of economy.  
 7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
  The total budget for the measure is: 
 
For the year 2011: Lei 32,806,796.98. For the year 2012: Lei 38,003,047.56.  
8. Duration of the subsidy and/or any other time limits attached to it 
 
Not more than equivalent of 200,000 Euros within three fiscal years for each company. 
 G/SCM/N/253/EU/Add.22 
 
- 25 - 
 
  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Compared to the previous period the number of commercial commitments increased by 300%.   
6  FREE TRADE AREAS 
6.1  Free trade Areas 1. Title of the subsidy programme, if relevant, or brief description or identification of the 
subsidy 
 
Law No. 84/1992 on free trade areas regime, Law 244/2004 for modification and completions of Law No. 84/1992, G.D. No. 1900/2004 for compatibility on existing state aid granted under the 
Law No. 84/1992 on the regime of free trade areas. 
 2. Period covered by the notification 
 2011-2012.  
3. Policy objective and/or purpose of the subsidy 
 
Promoting international trade and attracting foreign capital to introduce new technologies.  
4. Background and authority for the subsidy 
 
The objective of the subsidy is the regional development. 
 
According to the provision of the Accession Treaty of Romania to the European Union , the 
undertakings that signed agreements with the free areas administrations before 1 July 2002 may 
benefit of facilities from the payment of the royalty due to the free areas administrations. 
 The facilities have been granted according to the provisions of the Law no 84/1992  on free trade 
areas regime, until 31 December 2011, if the specified criteria are respected. 
 
The grantor is the Ministry of Public Finance.  
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
Reducing the royalty that undertakings pay to administration of free areas. 
 
6. To whom and how the subsidy is provided 
 The reduction of royalty was granted to the undertakings operating in a free trade area and have 
signed concession contracts until 1 July 2002. 
 7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 In 2011  a number of 23 undertakings received aids in a total amount of 699.343  USD. 
 
In 2011  a number of 1 undertaking received aid in an amount of 69.900 EUR . 
 In 2012 no undertakings received aid. 
 
For the information cited in items 3 to 7 above, the notification does not necessarily have to have an independent heading corresponding to each item, and may provide information on multiple 
items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, 
the notification must clearly specify what items are covered by which heading.  G/SCM/N/253/EU/Add.22 
 
- 26 - 
 
  8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
The undertakings operating in a free trade area benefit of royalties reduction until 
31 December 2011. 
 9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  7  REGIONAL DEVELOPMENT 
7.1  Regional development by investments 
1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 
Stimulation of Regional Development by Invest ments for Agricultural and Forestry Products 
Processing in order to Obtain Non-Agricultural Products. 
 
2. Period covered by the notification 
 2011-2012. 
 
3. Policy objective and/or purpose of the subsidy 
 
The objective of the subsidy is the regional development. 
 4. Background and authority for the subsidy 
 Order of the Minister of Agriculture and Rural Development no. 12/ 2010 on approving the state 
aid scheme for "Stimulation of Regional Developmen t by Investments for Agricultural and Forestry 
Products Processing in order to Ob tain Non-Agricultural Products". 
 
The grantor is the Ministry of Agriculture and Rural Development.  
The objective of the scheme is: 
 -  processing of agricultural products provided in annex 1 to the EC Treaty in order to obtain 
non-agricultural products;  
-  primary processing of wood and non-wood forestry products; -  processing of agricultural products in order to obtain bio-fuel.  
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The state aid is provided from the state budget in form of grants. 
 
6. To whom and how the subsidy is provided 
 
The beneficiaries are the undertakings who fulfil the following criteria: 
 
a. for agricultural sector: 
-  Micro-enterprises which are adapting to the newly introduced community standards; 
-  Enterprises from the prior sectors, with the following the priority level establish by 
measure 123 from PNDR 2007-2013; -  SMEs from areas where the raw material is available, but there are not processing 
capacities; 
-  Associative Forms, created with minimum 6 months before the launching of the session 
for which is applying, according to the legislation in force; Members of an recognised 
Interprofessional Organisation for Agri-Food Pr oducts (OIPA), with membership of minimum 
6 months in OIPA; G/SCM/N/253/EU/Add.22 
 
- 27 - 
 
  -  Not having previously a SAPARD / EAFRD support for the same type of activity; 
-  SMEs that are both producer of raw material and processor. 
 
b. For forestry sector: 
-  Micro-enterprises which are adapting to the newly introduced community standards; 
-  Micro-enterprises which are processing wood products and are promoting environment protection technologies; 
-  Micro-enterprises from areas where the raw material is available, but there are not 
processing capacities; -  Associative Forms, created with minimum 6 months before the launching of the session 
for which is applying, according to the legislation in force; 
-  Not having previously a SAPARD / EAFRD support for the same type of activity; 
-  Micro-enterprises that are both producer of raw material and processor. 
 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 In 2011 , 26 undertakings received aids in a total amount of 3,320,700.0 LEI . 
In 2012 , 80 undertakings received aids in a total amount of 11,118,450.0 LEI. 
 8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The duration of the state aid scheme is of 4 years, respectively 2010 - 2013. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 7.2  Regional Development 
A. The Government Decision  no. 1165/2007  for stimulating the economic growth by 
supporting the realization of investments , as amended 
 
1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 The Government Decision  no. 1165/2007  for stimulating the economic growth by supporting 
the realization of investments , as amended. 
 2. Period covered by the notification 
 
2011-2012. 
 3. Policy objective and/or purpose of the subsidy 
 Purpose of this decision is the establishment of a state aid scheme with the objective of regional 
development by stimulating investment and creation of new jobs. 
 
4. Background and authority for the subsidy 
 The granting authority is the Ministry of Public Finance. 
 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The state aid is provided from the state budget in form of grants. 
 G/SCM/N/253/EU/Add.22 
 
- 28 - 
 
  6. To whom and how the subsidy is provided 
 
The beneficiaries are the undertakings who fulfil the following criteria:  
 make investments with a value greater than lei equivalent of 30 million euros,  
 create at least 300 new jobs after the initial investment. 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
In 2011 , 3 undertakings received grants in total amount of 104,005,140.0 Lei . 
 
In 2012 , 1 undertaking received grants in total amount of 31,289,424.0 Lei . 
 For the information cited in items 3 to 7 above, the notification does not necessarily have to have 
an independent heading corresponding to each item, and may provide information on multiple 
items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, the notification must clearly specify what items are covered by which heading. 
 
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
The decision entered into force in 2007 and provid ed that the payment of the state aid is to be 
made up to 31 December 2013 depending on the implementation of investment plans approved for funding. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 
B. The Government Decision no 1680/2008  for establishing a State aid scheme in 
order to ensure the sustainable economic growth  
 
1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 The Government Decision no 1680/2008  for establishing a State aid scheme in order to ensure 
the sustainable economic growth , as modified through Government Decision no 776/2009, 
Government Decision no 588/2010 and Government Decision no 1.000/2010. 
 2. Period covered by the notification 
 
2011-2012. 
 3. Policy objective and/or purpose of the subsidy 
 Purpose of this decision is the establishment of a state aid scheme with the objective of regional 
development by stimulating investment and creation of new jobs. 
 
4. Background and authority for the subsidy 
 The granting authority is the Ministry of Public Finance. 
 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The state aid is provided from the state budget in form of grants. 
 6. To whom and how the subsidy is provided 
 The beneficiaries are the undertakings who fulfil the following criteria:  G/SCM/N/253/EU/Add.22 
 
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   Make an initial investment having a value between 5 and 10 million euros, inclusively the 
LEI equivalent and create minimum 50 new jobs, as a result of the initial investment; 
 Make an initial investment having a value between 10 and 20 million euros, inclusively the 
LEI equivalent and create minimum 100 new jobs, as a result of the initial investment; 
 Make an initial investment having a value between 20 and 30 million euros, inclusively the 
LEI equivalent and create minimum 200 new jobs, as a result of the initial investment; 
 Make an initial investment having a value over 30 million euros, the LEI equivalent and 
create minimum 300 new jobs as a result of the initial investment. 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
In 2011 , 3 undertaking received grants in amount of 61,621,808.0  Lei. 
 In 2012,  8 undertakings received grants in total amount of 164,369,756.0 Lei. 
 
For the information cited in items 3 to 7 above, the notification does not necessarily have to have an independent heading corresponding to each item, and may provide information on multiple 
items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, 
the notification must clearly specify what items are covered by which heading.  8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The decision entered into force at 1 January 2009 and provided that the payment of the state aid 
is to be made up to 31 December 2018 depending on the implementation of investment plans 
approved for funding.  
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available.  
C. The Government Emergency Ordinance no 109/2008  on granting an individual 
regional state aid 
 
1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 The Government Emergency Ordinance no 109/2008  on granting an individual regional state 
aid, as amended. 
 During 2012, the Government Emergency Ordinance no 109/2008 on granting an individual 
regional aid was amended and completed by th e Government Emergency Ordinance no 5/2012. 
 The main modifications of the individual region al state aid provided by G.E.O. no 5/2012 for 
modifying and completing GEO no 109/2008 are as follows: 
 
a. The total state aid amount  – is capped on 75 mil. EUR , which 38 mil. EUR  are for 
the vehicle investment project and 37 mil. EUR  are for the engine investment project; 
b. The total amount of the investments  - 869, 09  mil. EUR , from which 331, 35  mil. 
EUR are eligible expenditures; 
c. The date of completion of  the investment projects is 31.12.2012. 
The changes of the individual regional aid prov ided by G.E.O. no 5/2012 were approved by the 
European Commission – DG Competition.  G/SCM/N/253/EU/Add.22 
 
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  2. Period covered by the notification 
 
2011-2012.  
3. Policy objective and/or purpose of the subsidy 
 
The objective is the promotion of regional developm ent by providing ad hoc regional aid to Ford for 
two investment projects in Craiova city, in the South- West region of Romania. The first project 
concerns the manufacturing of vehicles. The second project concerns the manufacturing of engines.  
4. Background and authority for the subsidy 
 
The Government Emergency Ordinance no 109/2008  on granting an individual regional state 
aid. 
 The grantor  is the Ministry of Public Finance. 
 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 The investment aid would be paid in trances in LEI equivalent, in the form of a direct grant. 
 
6. To whom and how the subsidy is provided 
 
The objective is the promotion of regional developm ent by providing ad hoc regional aid to Ford for 
two investment projects in Craiova city, in the South- West region of Romania. The first project concerns the manufacturing of vehicles. The second project concerns the manufacturing of 
engines. 
 The total nominal aid amount is 143 million euros. 94,45 million euros would be granted for the vehicle production project and 48,55 million euros for the engine production project. The aid would 
be paid for each project in yearly instalments from 2008 to 2012 depending on the realization of 
the projects.  
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 In 2011 , the total amount of aid paid to Ford was 83,416,739.0 LEI . According to Annex 1 to 
G.E.O. no 5/2012, for the year 2012 no state aid tranche was paid. The final state aid tranche will be paid in 2013.  
For the information cited in items 3 to 7 above, the notification does not necessarily have to have 
an independent heading corresponding to each item, and may provide information on multiple items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, 
the notification must clearly specify what items are covered by which heading. 
 8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The Government Emergency Ordinance no 109/2008, as amended by the Government Emergency Ordinance no 5/2012 entered into force in 2008 and provided that the payment of the state aid is 
to be made up to 31 December 2013. 
 9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available.  
D. Law no 58/2010  for ratifying the Agreement of Guarantee between Romania and 
European Investment Bank, signed at Bucharest on 21 January 2010, on the 
guarantee in proportion of 80% of the obligations incurred from the Financing 
C o n t r a c t  b e t w e e n  t h e  E u r o p e a n  I n v e s t m e n t  B a n k  a n d  S C  F O R D  R O M A N I A  S . A .  i n  
amount of 400.000.000 euros for the mo dernization of Craiova facility. G/SCM/N/253/EU/Add.22 
 
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1. Title of the subsidy programme, if relevant or brief description or identification of the 
subsidy 
 
The investment concerns a development project of a new low-Co2 engine at different plants of the 
Ford group and subsequent production of vehicles with the engine. The overall project involves not 
only the Romanian plant but also Ford Werke Gm bH in Germany, where research and development 
activities are carried out. 
 Since Ford Romania has no R&D facilities, the engine as well as the vehicles will be developed by Ford Germany. These vehicles developed in Germany will be solely produced in Romania and the 
engines developed in Germany will be produced both in Romania and in Germany. 
The loan to be covered by the guarantee measure is granted by the EIB, which lends a total of 
EUR 600 million to Ford of Europe for the realizatio n of the joint project, whereby EUR 400 million 
are granted to Ford Romania and EUR 200 million to Ford Germany. 
The guarantee covers 80% of the EIB loan of EUR 400 million euros granted to Ford Romania. The aid was approved by the European Commission by the decisions C (2009) 8956 
final/13.11.2009 (N478/2009) and C (2009) 10364 final/17.12.2009 (N680/2009). 
 2. Period covered by the notification 
 
The State guarantee was granted in 2010. 
 3. Policy objective and/or purpose of the subsidy 
 The objective is the promotion of regional development.  
4. Background and authority for the subsidy 
 
Law no 58/2010  for ratifying the Agreement of Guarantee between Romania and European 
Investment Bank, signed at Bucharest on 21 January, 2010, on the guarantee in proportion of 
80% of the obligations incurred from the Financing Contract between the European Investment 
Bank and SC FORD ROMANIA S.A. in amount of 400.000.000 euros for the modernization of 
Craiova facility  
 
The grantor  is the Ministry of Public Finance. 
 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
State guarantee.  
6. To whom and how the subsidy is provided 
 
Ad - hoc regional aid to SC Ford ROMANIA S.A. 
 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 According to the European Commission approval Decision C (2009) 8956 final/13.11.2009 (N478/2009) amended by European Commission Decision C (2009) 10364 final/17.12.2009 (N680/2009), the state aid notified under the form of guarantee has not been quantified. 
 
For the information cited in items 3 to 7 above, the notification does not necessarily have to have an independent heading corresponding to each item, and may provide information on multiple 
items in one heading (e.g. provide information on items 3 and 4 under one heading). In this case, 
the notification must clearly specify what items are covered by which heading.  
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
The State guarantee was granted in 2010 and covers the period of loan disbursement within 
5 years from drawdown. G/SCM/N/253/EU/Add.22 
 
- 32 - 
 
   
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 Not available. 
 
7.3  State aid granted for strengthening and modernizing the production of SMEs 
1. Title of the subsidy programme 
 
Support for the strengthening and modernization of the productive sector through investments made by small and medium enterprises corresponding operation A) Support for the strengthening and modernization of the productive sector thro ugh investments tangible and intangible, "Major 
area of intervention" 1.1 Productive investments and preparation for market competition to 
enterprises especially SMEs - priority Axis 1- an  innovative and eco-efficient production system 
from Sectorial Operational Programme "Increasing Economic Competitiveness" 
 
2. Period covered by the notification 
 
2011 – 2012. 
 3. Policy objective and/or purpose of the subsidy 
 
Aid for regional development - Support for the strengthening and modernization of the productive 
sector investments made by small and medium enterprises.  
4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted) 
 
a. The grantor of the subsidy is the Ministry of Economy (POS CCE);  
b. The legislation on the basis of which the subsidy is provided is as follows: 
 Ministry Order no. 477/2008 regarding the a pproval the state aid scheme (XR 57/2008) 
 This scheme is designed under Regulation (E C) no. 1628/2006 to apply art. 87 and 88 of 
the Treaty 
 This scheme is designed under EC Decision no. 3472/July 2007 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The subsidy is provided as a grant.  
6. To whom and how the subsidy is provided 
 
The scheme applies throughout Romania, in all its 8 Regions. The beneficiaries of specific schemes are provided in Annex art. 9. from the Order no. 477/2008. 
 
These can be:  
a. creating a new production place; 
b. extending an existing production site; 
c. producing diversification on an existing site, by launching new products or  services; 
d. bringing fundamental changes in the production process of an existing site. G/SCM/N/253/EU/Add.22 
 
- 33 - 
 
  7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total amount of subsidies granted for the measure is as follows:  
 
a. for the year 2011:  25,592,993.0 lei / 286 undertakings; 
b. for the year 2012: 9,887,600.0 lei / 84 undertakings. 
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
2007-2013. 
 
9. Statistical data 
 
Not available. 
 7.4  Financing the initial investment in R&D and innovation 
1. Title of the subsidy programme 
 
Allocation for research and development – Programme for Financing R&D and innovation. 
 
2. Period covered by the notification 
 
2011 – 2012. 
 
3. Policy objective and/or purpose of the subsidy 
 
Aid for regional development and research. 
 4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted)  
 
a. The grantor of the subsidy is the Ministry of Economy (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: 
 Order no. 1293 of 23 April 2008 for approval of regional aid scheme "Financing the initial 
investment in R&D and innovation" for operations 2.3.2 Development of R&D infrastructure in enterprises and creating new jobs in research" and 2.3.3 "Promoting innovation in 
enterprises" in the key area of intervention 2.3 Access of the enterprises to research and 
development and innovation activities (RDI),  Priority axis 2, Competitiveness through 
research, technological development and innovation within the Sectorial  operational 
programme "Increasing economic competitiveness" (XR 108/2008) 
5. Form of the subsidy  
 
The subsidy is provided as a grant. 
 
6. To whom and how the subsidy is provided  
 
Beneficiaries of specific allocations within the state aid scheme are provided in Annex art. 11. from 
the Order no. 1293/23.04.2004. These can be:  
a. The beneficiaries are only those that will not be considered "enterprises in difficulty"; 
b. Beneficiaries of aid under the scheme can work in all sectors; G/SCM/N/253/EU/Add.22 
 
- 34 - 
 
  c. Shares to finance the research and development activities, as a percentage of eligible 
costs, these being: 50% for industrial research and 25% for experimental development 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy  
 
The total amount of the subsidies granted for the measure is as follows:   
a. for the year 2011: 1,980,521.0 lei / 33 undertakings; 
b. for the year 2012: 9,389,180.0 lei / 16 undertakings. 
8. Duration of the subsidy 
 
2009 – 2013. 
 9. Statistical data  
 
Not available.  
7.5  Regional development by creating an d developing business support structures 
1. Title of the subsidy programme 
 
Order no.287 from 6 March 2008 on the approval of the Regional development State aid scheme 
for creating and developing the business support structures within the Regional Operational 
Program 2007-2013; Order no. 1878 from 20 July 2010 for the modification and the completion of the Annex to the 
Order of the Ministry of Development, Public Works and Housing no.287/2008 on the approval of 
the Regional development State aid scheme thro ugh the creation and the development of the 
business support structures within the Regional operational program 2007-2013; 
Order no. 2044 from 2 September 2010 for the modi fication of the article 11 Paragraph 4 from the 
Annex to the Order of the Ministry of Development, Public and Housing no.287/2008 on the approval of the Regional development State aid scheme through the creation and the development 
of the business support structures within the Regional Operational Program 2007-2013. 
 
2. Period covered by the notification 
 
2011 – 2012. 
 3. Policy objective and/or purpose of the subsidy 
 The objective of the state aid scheme is to enco urage the lasting/sustainable local and regional 
development through the support of the creati on and the development of a modern support 
structures for the local and/or regional interest businesses. 
 
4. Background and authority for the subsidy 
 
The authority for this subsidy is the Ministry of Regional Development and Public Administration. 
 5. Form of the subsidy 
 The state aid is provided from the state budget in form of grants. Co financing: 72% - European Regional Development Fund and 28% - state budget.  
6. To whom and how the subsidy is provided 
 
In order to receive state aid, the applicants must comply with the following conditions: 
 
a. To prove that they are the owners or the lessees/the concessionaires of the 
infrastructure and/or of the land which forms the object of the project, for a period of 5 
years starting from the completion of the operation or 3 years in the case of SME, G/SCM/N/253/EU/Add.22 
 
- 35 - 
 
  according to the provisions of art. 57, paragraph 1 from the Council Regulation 
no. 1083/2006 which lays down the general regulations concerning the Regional Development European Fund, the European Social Fund and the Cohesion Fund; in the case of the partnerships, this criterion applies also to the partners. In the case of the 
administrative-territorial units (authorities of the public local administration), these are 
the owners or the administrators/the managers or they are lessees/the concessionaires of the infrastructure and/or the land which forms the object of the project; 
b. To prove their financing capacity and also the capacity to implement the project; 
regarding the partnerships, this criterion applies also to the partners; 
c. Notwithstanding the legal organization form, it is not the subject of the procedure of 
forced execution, judicial reorganization, operational foreclosure, dissolution, their 
activities are not suspended/adjourned or any other activities regulated by the law; 
d. Notwithstanding the legal organization form, they must comply with the eligibility 
conditions established through "The Financial regulation applicable to the general budget 
of the European Communities no. 1605/2002" art.93; 
e. At the date of registration of the financing request, it has fulfilled its obligations 
concerning the payment of taxes and contributions to the social security budgets that 
form the consolidated general budget, in accordance with the legal provisions in 
Romania; 
f. The applicant fulfils the other conditions specified in the Applicant’s Guide which do not 
prejudice the legal provisions in the matter of state aid. 
In order to be eligible, the projects must fulfil the following requirements: 
  The initial investment must be done on the Romanian territory: 
 It must have a business plan: 
 The activities proposed for the financing within the project didn’t receive public financing in 
the last 5 years and do not benefit from pu blic funds from other financing sources; 
 The total value of the project is between 1. 700.000 and 85.000.000 lei (the equivalent of 
approximately 500.000 and 25.000.000 Euros); 
 The implementation length/duration of the project does not exceed 31 July 2012; 
 The initial investment must be maintained for a period of at least 5 years, with the exception 
of the SME beneficiaries - minimum 3 years, starting from the completion of the investment 
project; 
 To comply with the legislation in the field of  equality of chances, environment protection, 
energetic efficiency, state aid and public acquisitions. 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
In 2011 there were 15 undertakings who received grants in amount of 9,503,000.0 lei. In 2012 there were 47 undertakings who received grants in amount of 39,812,000.0 lei.  
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The state aid scheme is available until 31 December 2013. 
 G/SCM/N/253/EU/Add.22 
 
- 36 - 
 
  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available.  
7.6  Regional development by suppo rting the investments in tourism 
1. Title of the subsidy programme 
 
Order no. 261/2008 approving supporting investment  in tourism by means of a state aid scheme 
for regional development.  2. Period covered by the notification 
 2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
The objective of the state aid scheme is to ac hieve durable local and regional development 
through: 
 
a. the use of the natural resources for touristic purposes and the improvement of the 
quality of the accommodation; 
b. the creation/the broadening/the development of the leisure and tourism structures in 
order to increase the number of tourists, the length of the stay and to diversify tourism services. 
4. Background and authority for the subsidy 
 
The authority for this subsidy is the Ministry of Regional Development and Public Administration. 
 
5. Form of the subsidy 
 The state aid is provided from the state budget in form of grants. 
 
Co financing: 92% - European Regional Development Fund and 8% - state budget.  
6. To whom and how the subsidy is provided 
 
The beneficiaries of this state aid scheme are the en tities which have an economic activity in the 
tourism field, according to provisions of Order no. 337/2007 of Romanian National Institute of 
Statistics (INS) updating the classification of the activities in national economy (NACE Cod):  - section I – Hotels and restaurants, with the ex ception of the group 562 "Event catering and other 
food service activities", 
- section R - Arts, entertainment and recreation, respectively class 9104 – "Botanical and zoological gardens and nature reserves activities ", and the groups 931- "Sports activities" and 932 
– "Amusement and recreation activities". 
 7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 For the year 2011 – 0.0 lei.  
In 2012 there were 21 undertakings who received grants in amount of 24,245,710.0 lei. 
 8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The state aid scheme is available until 31 December 2013. 
 G/SCM/N/253/EU/Add.22 
 
- 37 - 
 
  9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available.  
7.7  Investment in harnessing renewable energy resources 
1. Title of the subsidy programme 
 
Regional state aid scheme for capitalizing on the re newable energy resources, which is aiming to 
promote an economic and social cohesion be tween Romania and the European Union and to 
improve the inhabitants' quality of life by prom oting sustainable development and investments in 
the regions of Romania. 
 
2. Period covered by the notification  
 
2011– 2012. 
 3. Policy objective and/or purpose of the subsidy 
 The objective of the scheme is to support the funding scheme granted to the undertakings to 
realize the initial investments in order to capitalize on the renewable energy resources (solar sources, wind sources that are hydro-energetic for systems which have an installed power 
< 10 MW, biomass, geothermal sources, wave energy, biogas, gases resulted from fermenting 
waste - landfill gas, sludge digester gas from wa stewater treatment plants) to produce electrical 
and thermal energy, which will contribute to Ro mania’s sustainable regional development, the 
stimulation of the economic development and the gr owth of the social cohesion of the regions in 
which they are implemented.  
4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted)  
 
a. The grantor of the subsidy is the Ministry of Economy (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: 
Government Decision no. 750 of 9 July 2008 on approving the regional state aid scheme 
regarding the use of renewable energy resources. 
5. Form of the subsidy  
 
The subsidy is provided as a grant. 
 
6. To whom and how the subsidy is provided  
 
Potential beneficiaries can be large enterprise or SMEs. 
 
Beneficiaries may submit individual projects.  
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 The total amount of subsidies granted for the measure is as follows: 
 
a. for the year 2011: 16,926,102.0 lei / 7 undertakings; 
b. for the year 2012: 2,237,820.0 lei / 4 undertakings. 
8. Duration of the subsidy  
 
2008 – 2013. 
 G/SCM/N/253/EU/Add.22 
 
- 38 - 
 
  9. Statistical data  
 
Not available.  
7.8  Investment in regional sustainabl e development and reduction of emissions 
1. Title of the subsidy programme 
 
Horizontal state aid scheme for regional sustainable development and reduction of emissions. 
 2. Period covered by the notification  
 
2011– 2012. 
 3. Policy objective and/or purpose of the subsidy 
 The objective of the scheme is represented by the initial investments in all the industrial sectors and in the energy sector, concerning the consum ption and production of electric and thermal 
energy which will promote the ec onomic development and the increase of the social cohesion of 
the regions where they are implemented.  4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted)  
 
a. The grantor of the subsidy is the Ministry of Economy (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: 
Government Decision no. 718 of 9 July 2008 on approving the horizontal state aid scheme 
for regional sustainable development and reduction of emissions (XR 107/2008). 
 
5. Form of the subsidy  
 
The subsidy is provided as a grant. 
 
6. To whom and how the subsidy is provided  
 
Potential beneficiaries can be large enterpri se or SMEs (microenterprises included). 
 7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy  
 
The total amount of subsidies granted for the measure is as follows:   
a. for the year 2011: 0.0 lei; 
b. for the year 2012: 1,902,070.0 lei / 4 undertakings. 
8. Duration of the subsidy  
 
2008 – 2013.  
9. Statistical data  
 
Not available.  
7.9  Aid for investments realized by SMEs for the development of e-economy 
1. Title of the subsidy programme 
 
State aid for investments realized by SMEs for the development of e-economy. 
 G/SCM/N/253/EU/Add.22 
 
- 39 - 
 
  2. Period covered by the notification  
 
2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
The purpose of the present scheme is to support economic growth by improving competitiveness 
fully exploiting ICT’s potential and its applications (regional development). 
 4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted)  
 
a. The grantor of the subsidy is the Ministry of Economy (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: 
Order no. 2229 of 22 July 2008 on approving the state aid scheme "State aid for investments 
realized by SMEs in order to develop the e-economy ", for operations 3.3.1 "Support for integrated ICT systems and other electronic applications  for business" and 3.3.2 "Support for the 
development of electronic commerce systems and other online solutions for business", the main 
area of intervention 3.3 "Supporting the e-econ omy", Priority 3 "Technology of information and 
communications for the public and private sectors" within the SOP "The increase of the economic competitiveness". 
 
5. Form of the subsidy  
 
The subsidy is provided as a grant. 
 6. To whom and how the subsidy is provided  
 
State aid beneficiaries are micro enterprises and SMEs which meet the provisions provided in art.10 of Order 2229/2008.  
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy  
 
The total budget for the measure is:  
 
a. for the year 2011: 1,854,579.0 lei / 62 undertakings; 
b. for the year 2012: 1,590,140.0 lei / 54 undertakings. 
8. Duration of the subsidy  
 
2008 – 2013. 
 
9. Statistical data  
 
Not available. 
 7.10  State aid for strengthening and modernizing large enterprises 
1. Title of the subsidy programme 
 
Support for the strengthening and modernization of the productive sector through investments made by large enterprises corresponding to operation A) Support for the strengthening and 
modernization of the productive sector through investments tangible and intangible - priority 
Axis 1- an innovative and eco-efficient production system from the Sectorial Operational Programme "Increasing Economic Competitiveness". 
 G/SCM/N/253/EU/Add.22 
 
- 40 - 
 
  2. Period covered by the notification  
 
2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
Aid for regional development. 
 
4. Background and authority for the subsidy (including identification of the legislation  under 
which it is granted) 
 
a. The grantor of the subsidy is the Ministry of Economy, Trade and the Business 
Environment (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: Ministry Order 
no. 479/2008 on the approval of the state aid scheme (XR 105/2008); 
c. This scheme is designed under Regulation (EC) no. 1.628/2006 to apply art. 87 and 88 
of the Treaty to national regional investment aid. 
5. Form of the subsidy 
 
The subsidy is provided as a grant.  
6. To whom and how the subsidy is provided  
 
Beneficiaries of specific allocations within the st ate aid scheme are provided in Annex art. 8. from 
the Order no. 479/2008. 
 These provisions are: 
 
a. The beneficiaries are only those that will not be considered "enterprises in difficulty"; 
b. The beneficiaries are large enterprises; 
c. Beneficiaries of aid under the scheme can work in listed sectors are provided in  
Annex art. 6. from the Order no. 479/2008; 
d. Maximum funding of total eligible costs from the project may not exceed 40% of the 
total eligible costs for projects within the Bucharest-Ilfov region and 50% of the total 
eligible costs for projects taking place in the other 7 developing Regions (North-East, 
North-West, South, South-West, South-East, West and Centre). 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy  
 
The total amount of subsidies granted for the measure is as follows:  
a. for the year 2011: 11,215,920.0 lei / 25 undertakings; 
b. for the year 2012: 26,885,540.0 lei / 40 undertakings. 
8. Duration of the subsidy  
 
2008 – 2013.  
9. Statistical data 
 
Not available.  G/SCM/N/253/EU/Add.22 
 
- 41 - 
 
  8  RESEARCH & DEVELOPMENT 
8.1  Innovation and Research 1. Title of the subsidy programme 
 
RD&I Project financing according to the National Plan for Innovation and Research II – Innovation 
Program.  
 
2. Period covered by the notification 
 
2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
Aid for research and development. 
 
4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted) 
 
a. The grantor of the subsidy is the Ministry of National Education - The National Authority 
for Scientific Research (ANCS);  
b. The legislation on the basis of which the subsidy is provided is as follows: 
 Law no. 230/2004 on approval of Government Ordinance no. 57/2002 regarding the 
scientific and technological research; 
 Government Decision no. 475/2007 regarding the a pproval of National Plan for research and 
development, innovation for 2007-2013; 
 European Commission Notification N 542/2007. 
5. Form of the subsidy (i.e., grant, loan, tax concession, etc.) 
 
The subsidy is provided as a grant.  6. To whom and how the subsidy is provided 
 Beneficiaries of specific allocations within the sch eme are provided in art. 7 and 8 from the Law on 
research no. 324/2003. These can be: 
 
a. Research and development institutions or centres organized within national companies 
and under central or local public administration; 
b. Research and development units organized as commercial companies; 
c. Commercial companies as well their structures having research and development as 
their core and/or ancillary activity; 
d. Certified higher education institutions public/private or their structures; 
e. Non-governmental organizations private/public with research and development as their 
core and/or ancillary activity; 
f. Research institutes, centres or stations of the Romanian Academy and of sectorial 
academies; 
g. National research and development institutes; G/SCM/N/253/EU/Add.22 
 
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  h. Research and development institutes, centres or stations organized as public 
institutions; 
i. International research and development centres established based on international 
agreements; 
j. Other public institutions or structures of these having research and development as their 
activity. 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total amount of the subsidies granted for the measure is as follows:  
a. for the year 2011: 7,087,900.0 lei / 50 undertakings; 
b. for the year 2012: 7,210,150.0 lei / 31 undertakings. 
8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 
2007-2013. 
 
9. Statistical data  
 
Not available. 
 
8.2  Research and Development 
A. RD&I Project financing according to the National Plan for Innovation and Research II – 
Partnership Programme  in priority fields  
 
1. Title of the subsidy programme 
 RD&I Project financing according to the National Plan for Innovation and Research II – Partnership Programme  in priority fields. 
 
2. Period covered by the notification 
 
2011– 2012. 
 
3. Policy objective and/or purpose of the subsidy 
 
Aid for research and development. 
 4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is the Ministry of National Education - The National Authority 
for Scientific Research (ANCS).  
b. The legislation on the basis of which the subsidy is provided is as follows:  
 Law no. 230/2004 on approval of Government Ordinance no. 57/2002 regarding the 
scientific and technological research; 
 Government Decision no. 475/2007 regarding the a pproval of National Plan for research and 
development, innovation for 2007-2013; 
 European Commission Notification N 542/2007. G/SCM/N/253/EU/Add.22 
 
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  5. Form of the subsidy 
 
The subsidy is provided as a grant.  
6. To whom and how the subsidy is provided 
 
Beneficiaries of specific allocations within the sch eme are provided in art. 7 and 8 from the Law on 
research no. 324/2003. These can be: 
 
a. Research and development institutions or centres organized within national companies 
and under central or local public administration; 
b. Research and development units organized as commercial companies; 
c. Commercial companies as well their structures having research and development as 
their core and/or ancillary activity; 
d. Certified higher education institutions public/private or their structures; 
e. Non-governmental organizations private/public with research and development as their 
core and/or ancillary activity; 
f. Research institutes, centres or stations of the Romanian Academy and of sectorial 
academies; 
g. National research and development institutes; 
h. Research and development institutes, centres or stations organized as public 
institutions; 
i. International research and development centres established based on international 
agreements; 
j. Other public institutions or structures of these having research and development as their 
activity. 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
The total amount of the subsidies granted for the measure is as follows:  
a. for the year 2011: 8,112,870.0 lei / 242 undertakings; 
b. for the year 2012: 24,312,080.0 lei / 167 undertakings. 
8. Duration of the subsidy and/or any other time limits attached to it 
 
2007 – 2013.  
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available.  
B. Allocation for research and development – Programme for Financing R & D and 
innovation 
 1. Title of the subsidy programme 
 
Allocation for research and development – Pr ogramme for Financing R & D and innovation. 
 G/SCM/N/253/EU/Add.22 
 
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  2. Period covered by the notification  
 
2011 – 2012.  
3. Policy objective and/or purpose of the subsidy 
 
Aid for research and development. 
 
4. Background and authority for the subsidy (including identification of the legislation under 
which it is granted) 
 
a. The grantor of the subsidy is the Ministry of Economy, Trade and the Business 
Environment (POS CCE);  
b. The legislation on the basis of which the grant is provided is as follows: 
Order no. 3388 of 17 November 2008 on approving the state aid scheme "Financing of 
research and development and innovation (CDS) projects through the Sectoral Operational Programme in order to Increase the Economic Competitiveness "(SOP-IEC) for operations 
2.1.1 "research projects in partnership between universities / research institutions and 
enterprises", 2.1.2 "R&D projects of a high scientific level which will be attended by specialists from abroad" and 2.3.3 "Promoti ng innovation within the enterprises". 
 
5. Form of the subsidy 
 
The subsidy is provided as a grant. 
 
6. To whom and how the subsidy is provided  
 
The beneficiaries must be registered and have to ca rry on activities in Romania, not to be bankrupt 
or in liquidation, not to have their business administrated by a bankruptcy judge or their commercial activities to be suspended or to be part of an arrangement with the creditors or to be in a situation similar with the previous ones, regulated by law. 
 
The beneficiaries have fulfilled their tax payment obligations, tax and social insurance contributions to the budgets that are part of the general consolidated budget (state budget, special 
budgets, local budgets), in accordance with legal provisions. 
The legal representative of the beneficiary was not convicted in the last three years, by final decision of a court, for an act that brought prejudice to professional ethics or committed a 
professional error. 
 The beneficiaries are not the subject of a recovery order following a previous decision of the European Commission which deemed a state aid as being illegal and incompatible with the 
common market or, if they were indeed the subject of such a decision, it has already been 
executed and the aid has been fully recovered, including the afferent interest of recovery.  
The beneficiaries are only those that will not be considered "enterprises in difficulty". 
The beneficiary also meets other conditions specified in the project appeal and in the Guidelines, which do not affect the provisions on State aid. 
 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy  
 
The total budget for the measure is: 
 
a. for the year 2011: 3,708,977.0 lei / 41 undertakings; 
b. for the year 2012: 4,200,280.0 lei / 53 undertakings. 
8. Duration of the subsidy  
 
2009 – 2013. G/SCM/N/253/EU/Add.22 
 
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9. Statistical data 
 Not available.  
 
9  CULTURE AND CULTURAL HERITAGE CONSERVATION 
9.1  State aid granted for cinematography 
1. Title of the subsidy programme 
 
State aid N303/2010 – Romania – Aid scheme granted for Romanian films.  
2. Period covered by the notification 
 
2011 – 2012. 
 
3. Policy objective and/or purpose of the subsidy 
 
The objective of the scheme is to promote culture and to preserve cultural heritage by supporting 
the development of the film industry, culture and cinematographic education in Romania, as well as to support the production of films by encouraging private initiative in the areas of creation, financing, production and distribution of Romanian films or films made with Romanian 
participation. 
 4. Background and authority for the subsidy 
 
a. The grantor of the subsidy is The National Centre of Cinema ("NCC"), which is the public 
authority with responsibility for implementi ng and managing the state aid scheme. NCC 
is a public institution of national interest with legal personality and is subordinated to the 
Ministry of Culture; 
b. The legislation on the basis of which the grant is provided is as follows: 
 Law no. 328/2006 on the approval of Government Ordinance no. 39/2005 regarding 
cinematography, with its subsequent amendments and completions; 
 Order no. 2335/2006 "Regulation on the project selection contest in order to give direct 
financial credit for project development, production and distribution of films". 
5. Form of the subsidy 
 
The aid takes the form of: 
 
a. direct refundable financial loans, interest-free (direct credit) for the production of 
Romanian films or films made with Romanian participation; 
b. non-refundable grants (indirect financial support). 
6. To whom and how the subsidy is provided 
 
 This measure aims at stimulating the development of cinematographic projects with cultural 
qualities by supporting the producers who involve themselves in such films, despite a lower 
rate of profitability and a higher risk implied by the realization of a cultural cinematographic 
project; 
 Beneficiaries of the measure are producers who are Romanian legal persons registered at 
the Cinematographic Register or legal persons from other EEA Member States who have registered with the Cinematographic Register at the latest after winning the competition for selection of cinematographic projects for granti ng the state aid and before the conclusion of 
the contract for receiving the state aid; G/SCM/N/253/EU/Add.22 
 
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   The Romanian authorities estimate that there will be approximately 250 beneficiaries of the 
direct credit; 
 Projects are pre-selected for funding by expert selection committees composed by members 
proposed by the unions and associations of the cinematic industry; 
 The final decision on attribution of grants is taken by the selection committees together with 
the Administrative Council of the NCC; 
 In order to be eligible for direct credit, a film has to be qualified as "Romanian film" or film 
"with Romanian participation" through the accumulation of a minimum of points - 65 out of 
100 for Romanian films and 35 out of 100 for films with Romanian participation. The points are granted according to a set of criteria defi ned by the Romanian authorities. This set of 
criteria includes the language of the film being Romanian, whether or not the authors, 
producer, actors, artistic and technical crew are Romanian citizens or residents; location of 
filming, post-production and technical equipment; 
 Only the projects that accumulate the sufficient number of points will then move further into 
the second stage of assessment - the cultural test. The cultural test aims at assessing the 
main elements that add value to a cinematographic production with intrinsic cultural qualities. It is done by analyzing the quality of the screenplay according to criteria such as 
the subject, dialogue, dramatic structure, pote ntial interest and impact on domestic public 
and potential impact on international level. Also, the quality of the director and of the producer are assessed based on a rating scale, taking into account their previous achievements such as prizes at international festivals, number of spectators having seen 
their movies in the cinemas and distribution of their movies abroad; 
 The aid in the form of indirect financial support  is granted on a "first come – first served" 
basis within the limit of the available amounts. 
7. Subsidy per unit or in cases where this is not possible, the total amount or the annual 
amount budgeted for that subsidy 
 
In 2011 there were 41 undertakings who received grants in amount of 2,150,000.0 lei 
In 2012 there were 41 undertakings who received grants in amount of 3,160,000.0 lei  8. Duration of the subsidy and/or any other time limits attached to it, including date of 
inception/commencement 
 The state aid scheme is available until 31 of December 2014. 
 
9. Statistical data permitting an assessment of the trade effects of the subsidy 
 
Not available. 
 
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