WORLD TRADE  
ORGANIZATION   
G/SCM/N/220/EEC/Add.22 
16 November 2011 
 (11-5256) 
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 subsidy 
programmes of Romania . 
 
_______________ 
  G/SCM/N/220/EEC/Add.22 
Page 2 
 
 
  ROMANIA 
 
 
TABLE OF CONTENTS 
 
Page  
 
I.  SMES .......................................................................................................................... ................ 4  
1.  TRAINING FOR TRADERS  ............................................................................................................. 4  
2.  TRAINING FOR SME S .................................................................................................................. 5  
3.  DEVELOPMENT OF SME S ............................................................................................................ 6  
4.  START  (PROGRAMME FOR YOUNG ENTREPRENEURS ) .............................................................. 7  
5.  THE HANDICRAFT AND FOLK ART  ............................................................................................... 8  
6.   MINIMIS AID .............................................................................................................................. ... 9 
7.  STIMULATION OF SME S ............................................................................................................ 10  
8.  STIMULATION OF MICROENTERPRISES  ...................................................................................... 12  
II.  COAL AND MINING ............................................................................................................. 1 4 
9.  COAL AND MINING ACTIVITIES  ................................................................................................. 14  
10.  SUPPORT FOR GENERAL INVEST MENTS IN THE ENERGY SECTOR  .............................................. 16  
III. DEFENCE INDUSTRY .......................................................................................................... 18  
11.  RESTRUCTURING OF THE DEFENCE INDUSTRY  .......................................................................... 18  
IV.  PRIVATIZATION PROCESS .............................................................................................. 19  
12.  ACCELERATION OF PRIVATIZATION  .......................................................................................... 19  
13.  ENHANCING PRIVATIZATION PROCESS  ...................................................................................... 20  
V.  ENVIRONMENT ................................................................................................................... . 22 
14.  ENVIRONMENTAL PROTECTION  ................................................................................................. 22  
VI.  ENHANCING EXPORT ACTIVITIES................................................................................ 24  
15.  EXPORT PROMOTION  ................................................................................................................. 24  
VII. FREE TRADE AREAS .......................................................................................................... 25  
16.  FREE TRADE AREAS  ................................................................................................................... 25  
VIII. REGIONAL DEVELOPMENT ............................................................................................ 26  
17.  DISADVANTAGED REGIONS  ....................................................................................................... 26  
18.  REGIONAL DEVELOPMENT  ........................................................................................................ 27  
1.  The Government Decision no. 1165/2007 fo r stimulating the economic growth by 
supporting the realization of investments, as amended ....................................................... 27  
2.  The Government Decision no 1680/2008 for establishing a State aid scheme in 
order to ensure the sustai nable economic growth ................................................................ 28   G/SCM/N/220/EEC/Add.22 
 Page 3 
 
 
  3.  The Government Emergency Ordinance no 109/2008 on granting an individual 
regional state aid  ...................................................................................................................... 29  
19.  STATE AID GRANTED FOR STRENGTHENING AND MODERNIZING THE PRODUCTION OF 
SME S .............................................................................................................................. .......... 30 
20.  FINANCING THE INITIAL INVESTMENT IN R &D AND INNOVATION  ............................................ 32  
21.  THE STIMULATION OF ECONOMIC DEVELO PMENT BY SUPPORTING INVESTMENTS  ................... 33  
22.  THE ENSURING OF A DURABLE ECONOMIC DEVELOPMENT  ....................................................... 34  
23.   INDIVIDUAL STATE AID GRANTED TO FORD ROMANIA S .A. ....................................................... 35  
24.  REGIONAL DEVELOPMENT BY CREATING AND DEVELOPING BUSINESS SUPPORT 
STRUCTURES  ..............................................................................................................................  36 
25.  INVESTMENT IN HARNESSING RE NEWABLE ENERGY RESOURCES  ............................................. 38  
26.   AID FOR INVESTMENTS REALIZED BY SMES FOR THE DEVELOPMENT OF E -ECONOMY  .............. 39  
27.  STATE AID FOR STRENGTHENING AND MODERNIZING LARGE ENTERPRISES  ............................. 40  
28.  INDIVIDUAL STATE AID GR ANTED FOR INVESTMENTS  .............................................................. 42  
IX.  RESEARCH & DEVELOPMENT ........................................................................................ 43  
29.  INNOVATION AND RESEARCH  .................................................................................................... 43  
30.  RESEARCH AND DEVELOPMENT  ................................................................................................ 44  
31.  RESEARCH AND DEVELOPMENT  ................................................................................................ 46  
32.  AGRICULTURE R&D ................................................................................................................. 47  
X.  CULTURE AND CULTURAL HERITA GE CONSERVATION ...................................... 49  
33.  STATE AID GRANTED FOR CINEMATOGRAPHY  .......................................................................... 49  
 
  
 
 
 
  
Official Exchange Rates 
 
2009 1 Euro = Lei 4.2373 
1 USD = Lei 3.0493 
 
2010 1 Euro = Lei 4.2099 
1 USD = Lei 3.1779  G/SCM/N/220/EEC/Add.22 
Page 4 
 
 
  I. SMES 
1. T RAINING FOR TRADERS  
1. Title of the subsidy 
 
 The Programme for the Development and Mode rnization of Market Products and Services 
Trading Activities.  
 
2. Period covered by the notification 
 
 2009-2010. 
 3. Policy objective and/or purpose of the subsidy 
  Supporting the economic operators dealing w ith the marketing of goods and services. 
 
4. Background and Authority for subsidy (includi ng the identification of legislation through 
which they are granted) 
 
 Agency for Implementation of Projects a nd Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterag e of SMEs setting up and development 
(annual medium personnel number smalle r 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). 
5. Form of the subsidy 
 
 Grant.  
6. Beneficiaries of the subsidy 
  Legal persons (companies/cooperatives), as Art.  2, Law No. 346/2004 regarding the fosterage 
of SMEs founding, modified and comple ted by Government Ordinance No. 27/2006. 
 
7. Total granted amount for the subsidy 
 
 2009 – €1,567,374 / 231 beneficiaries 
 2010 – €1,109,551 / 90 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. 
  G/SCM/N/220/EEC/Add.22 
 Page 5 
 
 
  2. T RAINING FOR SME S 
1. Title of the subsidy 
 
 The Multi-annual National Programme to suppor t the access of small and medium enterprises 
to training and consultancy ser vices for the period 2002-2012. 
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 The SMEs that have their main activity in the field of production or/and services. 
 4. Background and Authority for subsidy (includi ng the identification of legislation through 
which they are granted) 
 
 Agency for Implementation of Projects a nd Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterag e of SMEs setting up and development 
(annual medium personnel number smalle r 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). 
5. Form of the subsidy 
 
 Grant. 
 6. Beneficiaries of the subsidy 
  Legal persons (companies/cooperatives). 
 
7. Total granted amount for the subsidy 
 
 2009 – €280,160 / 101 beneficiaries. 
 2010 – €0.0 / 0 beneficiaries.  
8. Duration of subsidy and/or any other time limits, including the beginning date 
 
 The Programme started in 2002. 
 
9. Statistical data / effects on international trade 
 
 No effect on international trade. 
 G/SCM/N/220/EEC/Add.22 
Page 6 
 
 
   
3. D EVELOPMENT OF SME S 
1. Title of the subsidy 
 
 The Programme for supporting the SMEs devel opment through funds from re-invested gross 
profit. 
 
2. Period covered by the notification 
 
 2009-2010. 
 3. Policy objective and/or purpose of the subsidy 
  SMEs development by supporting the comp etitiveness growth and SMEs capitalization. 
 
4. Background and Authority for subsidy (includi ng the identification of legislation through 
which they are granted) 
 
 Agency for Implementation of Projects a nd Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterage of SMEs founding and development with 
further modifications and completions. 
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 modi fication 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);  they benefit from refunding 16 per cent of profit for technological equipment 
acquisition, computers and peripheral equipment, pa tents, author rights, licences, trademarks or 
factory marks, informatics programmes production.  
7. Total granted amount for the subsidy 
 
 2009 – €741,037 /156 beneficiaries. 
 2010 – €0.0 /0 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. 
  G/SCM/N/220/EEC/Add.22 
 Page 7 
 
 
  4. START  (PROGRAMME FOR YOUNG ENTREPRENEURS ) 
1. Title of the subsidy 
 
 Programme to develop entrepreneurial skills  among youth and to facilitate their access to 
financing – START. 
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 Entrepreneurial education given through:  seminars, campaign, entrepreneurial courses, 
brochures and guides.  
 The beneficiaries were Romanian young people, 18-40 years old and micro enterprises. 
 4. Background and Authority for subsidy (includi ng the identification of legislation through 
which they are granted) 
 
 Agency for Implementation of Projects a nd Programmes for Small and Medium Sized 
Enterprises; 
 Law No. 346/2004 regarding the fosterag e of SMEs setting up and development 
(annual medium personnel number smalle r 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). 
5. Form of the subsidy 
 
 Training and grants. 
 
6. Beneficiaries of the subsidy 
 
 Legal persons (companies/coope ratives) and authorized domestic association, as defined by 
Art. 2, Law No. 346/2004 regarding the fosterag e of SMEs founding, modified and completed by 
Government Ordinance No. 27/2006.  
7. Total granted amount for the subsidy 
 
 2009 – €920,753 / 81 beneficiaries. 
 2010– €113,524 / 5 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. 
 G/SCM/N/220/EEC/Add.22 
Page 8 
 
 
  5. T HE HANDICRAFT AND FOLK ART  
1. Title of the subsidy 
 
 The national multi-annual Programme for suppo rting the handicrafts and folk art in 
2002-2012. 
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 SMEs development by: 
 
 supporting the handicrafts and folk art, 
 strengthening the craftsmanship, physi cal persons, associations, commercial and 
cooperatives societies - from rural or urban areas, 
 protecting the handicrafts and hand-made products and services, including folk-art 
products, 
 promoting these products on the nati onal 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 e ligible activities are to be supported: 
 
(a) participation to international fairs and e xhibitions, with own stand or in association 
with others, 
(b) participation to national fairs and exhibiti ons, with own stand or in association with 
others, 
(c) elaboration of brochures or other printe d materials to promote the applicant's 
activities, written in Romanian language a nd in at least one foreign language of 
international circulation, 
(d) website construction to promote the applican t's activity, products and services, also in 
Romanian language and in at least one fore ign language of intern ational circulation, 
(e) purchasing computers (hardware and software) and printers, 
(f) purchasing tools, equipment, devices, mach ineries (except technological lines, which 
do not preserve the handmade specific for the final products). 
4. Background and Authority for subsidy (includi ng the identification of legislation through 
which they are granted) 
 
 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  G/SCM/N/220/EEC/Add.22 
 Page 9 
 
 
  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). 
 
5. Form of the subsidy 
  Non-repayable financial allocation. 
 6. Beneficiaries of the subsidy 
  The beneficiaries are commercial companies, cooperatives societies a nd other legal persons 
such as associations, foundations. 
 
7. Total granted amount for the subsidy 
 
 2009 – €234,221 / 71 beneficiaries. 
 2010 – €234,712 / 24 beneficiaries.  
8. Duration of subsidy and/or any other time limits, including the beginning date 
 
 The Programme has been started in 2003. 
 
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. 
 
6.  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 
  2009-2010. 
 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 Euro 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 constr uctions or the acquisition of the equipment. 
 
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. G/SCM/N/220/EEC/Add.22 
Page 10 
 
 
   
5.  Form of the subsidy (i.e. grant, loan, tax concession, etc.) 
 
 The minimis  aid is provided from the state budget in form of grants. 
 
6.  To whom and how the subsidy is provided 
  The beneficiaries are SMEs who fulfil 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 
  During 2009-2010 , 715 SMEs received grants in amount of 189,423,876  Lei.  
 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 
2011. 
 9.  Statistical data permitting an assessment of the trade effects of the subsidy 
  Not available.  
7. S
TIMULATION OF SME S 
1. Title of the subsidy programme 
 The stimulation of SMEs that process agricultu ral products in order to  obtain alimentary 
products. 
 2. Period covered by the notification 
  2009 – 2010.  
3. Policy objective and/or purpose of the subsidy 
 
 Facilitating the development of the econom ic 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 ag ricultural 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 Mini stry 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 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  G/SCM/N/220/EEC/Add.22 
 Page 11 
 
 
  "Incentives for microenterprises within the field of primary processing of 
wood and non-wood forest products"; 
 The provisions of art. 28 - The increas e 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 Commi ssion 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 framewo rk 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 pr esent 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; 
  (3)  A beneficiary may lodge a second proj ect 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 respon sable/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 expenditures for the projects realized 
in the Bucharest-Ilfov region; 
 
   -  50% of the total amount of eligible expenditures for the projects realized 
in the other 7 development regions; G/SCM/N/220/EEC/Add.22 
Page 12 
 
 
   
  (d)  The beneficiary must submit all th e notes and all the agreements according to 
the legislation within the sanitary - veterinary field, sanitary, fitosanitary and the environment needed in order to fu lfill the investment within the project. 
For all types of investments, the potential beneficiaries must obtain/secure the 
environment agreement according to the national legislation. In certain 
situations, it is compulsory that the environment agreement must be 
associated with/accompanied by the environment impact study; 
 
 (5)  The selection criteria app licable for the present scheme is: 
   -  microenterprises that adapt th emselves 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 2009 there were 82 undertakings who recei ved grants in amount of 8,733,037 Lei. 
 In 2010 there were 92 undertakings who r eceived grants in amount  of 15,582,351 Lei. 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The state aid scheme was available/valid until 31 December 2008. The non-refoundable fund 
within the present State aid scheme c ould 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 expe nses 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 
 
8. S TIMULATION OF MICROENTERPRISES  
 1. Title of the subsidy programme 
  Incentives for micro enterprises w ithin the field of primary processing of wood and non-wood 
forest products 
 
2. Period covered by the notification 
 
2009 – 2010.  G/SCM/N/220/EEC/Add.22 
 Page 13 
 
 
   
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 Mini stry 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 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 increas e 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 Commi ssion 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 framewo rk 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 en terprises 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;  (e) Collecting wood chips, sawdus t and other fragments of wood; 
 (f) Packaging and packing wooden products and secondary products; G/SCM/N/220/EEC/Add.22 
Page 14 
 
 
   (g)  Producing items for burning by pro cessing 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 gathering, sorting, packaging and 
temporary storing, in order to commerc ialize forest mushrooms, forest fruits 
and other natural products resulted from th e spontaneous forest flora (varnish, 
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 2009 there were 42 undertakings who recei ved grants in amount of 5,862,044 Lei. 
 In 2010 there were 62 undertakings who recei ved grants in amount of 9,490,935 Lei. 
 8. Duration of the subsidy and/or any other time li mits 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 th is 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 expe nses declarations and of the execution reports 
performed by the beneficiary, in maximum 5 payment instalments. 
 
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available. 
 
II. COAL AND MINING 
9. C OAL AND MINING ACTIVITIES  
1. Title of the subsidy programme 
 
 Subsidy on products and other mining activiti es - coal industry as EC Regulation 1407/2002 
on maintaining access to coal reserves in the period 2007 – 2010.  
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
  The subsidy was for production units, to ma intain access to coal reserves and cover the 
current production losses, as follows: direct subsidie s and subsidies for social protection in mining 
sector.  
  G/SCM/N/220/EEC/Add.22 
 Page 15 
 
 
  4. Background and authority for subsidy 
 
 The subsidy was notified as provision of EC  Council Regulation 1407/2002 on subsidy for 
coal industry and annually granted by th e State Budget and Government Decision. 
 
(a) The grantor of the subsidy in 2009 and 2010 was the Ministry of Economy, Trade and 
the Business Environment; 
(b) The legislation on the basis of which the subsidy is provided as follows: 
 Emergency Ordinance no. 34/2009 on readjusting the State Budget for 2009; 
 Government Decision no. 103/2010 on readjusting the State Budget for 2010;  
 Law no. 18/2009 State Budget 2009; 
 Government Decision no. 622/2009 on a pproving subsidies for products and 
subsidies for social protection, granted to companies, corporations and national companies in the mining sector; 
 Law no. 11/2010 State Budget 2010; 
 Government Decision no. 112/2007 on a pproving subsidies for products and 
subsidies for social protection, gran ted to companies in the mining sector; 
 European Commission Notification No. N239/2007 - Aid for coal industry 
restructuring 
 
5. Form of the subsidy 
 
 The subsidy is provided as a form of subsidies on products and subsidies on social protection. 
The subsidy is provided as a grant, on the basis of the monthly expense account presented by the recipient to the state authority. 
 
6. To whom and how subsidy is provided 
 
 The subsidy was granted to the company namely  CNH Petrosani, activating in the 7 mining 
locations: E.M. Lonea, Petrila, Livezeni,  Vulcan, Paroseni, Lupeni, Uricani. 
 
 The subsidy is provided to the producer.   
(a) The amount of state aid is determined based  on the lists approved by the authorizing 
loan officer; 
(b) State Budget, GD, GEO, approving state aid; 
(c) Programming Law annual State Budget objectives in the list of investment according 
to European Commission Notification No. N239/2007 
 All the beneficiaries are public companies which are in State property 
 G/SCM/N/220/EEC/Add.22 
Page 16 
 
 
  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 2009:  Lei 284,944,000. 
 For the year 2010:  Lei 249,784,000. 
  The direct subsidy was granted on the product (Lei/Gcal). 
 
8. Duration the subsidy and/or any other time limit attached to it 
 
 The time limit of subsidy for CNH Petrosani is year 2010 inclusive. 
 9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 The relevant economic and financial indicators are: 
  
 Specification Years 
2009 2010 
Coal mined (t) 2,168,392 2,203,283
Coal energy (t) 1,975,266 1,928,775
Average number of staff (pers) 10,742 9,200
Unit cost (Lei/Gcal) 113.53 104.8
Total revenues (thousand Lei) 723,941 689,680
Total expenses (thousand Lei) 1,330,347 1,355,413
Loss (thousand Lei) 606,434 665,765
 
10. S UPPORT FOR GENERAL INVEST MENTS IN THE ENERGY SECTOR  
1. Title of the subsidy programme 
 
 General investments- capital expenditure. 
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 Aid for investments. 
 4. Background and authority for subsidy 
 
(a) The grantor of the subsidy in 2009 and 2010 was the Ministry of Economy, Trade and 
the Business Environment; 
(b) The legislation on the basis of which th e subsidy is provided is as follows: 
 Emergency Ordinance no. 144 of 1999 on the approval of the continuation 
and financing the research and deve lopment activities, applications and 
technological engineering afferent to the national technical support for the  G/SCM/N/220/EEC/Add.22 
 Page 17 
 
 
  nuclear energy field within the RAAN, as well as on the approval of the 
financing specific activities of internat ional cooperation in the nuclear energy 
field; 
 Emergency Ordinance no. 34/2009 on readjusting the State Budget for 2009; 
 Government Decision no. 103/2010 on readjusting the State Budget for 2010; 
 Law no. 18/2009 State Budget 2009; 
 Law no. 11/2010 State Budget 2010; 
 
5. Form of the subsidy 
  The subsidy is provided as a grant, capital e xpenditure, transfers from the State Budget. 
 
6. To whom and how subsidy is provided 
 
 The beneficiaries are companies that activat e in the energy sector, namely ICEMENERG, SN 
Nuclearelectrica SA, RAAN Dr. Tr. Severin. The subsidy is provided to the producer.   
(a) The amount of state aid is determined based  on the lists approved by the authorizing 
loan officer. 
(b) The State Budget, GD, GEO, approving state aid. 
(c) Programming Law annual State Budget objectives in the list of investment to 
companies, corporations and national companie s that are in the property of the state. 
 All the beneficiaries are public companies which are in State property.  
 
7. Subsidy per unit, or in cases this is not  possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 The total amount of state aid granted for the measure is as follows:  
 For the year 2009:   377,284,000 Lei. 
 For the year 2010:   489,235,000 Lei.  
8. Duration the subsidy and/or any other time limit attached to it 
 
 This is not fixed. 
 9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available.  G/SCM/N/220/EEC/Add.22 
Page 18 
 
 
  III. DEFENCE INDUSTRY 
11. R ESTRUCTURING OF THE DEFENCE INDUSTRY  
1. Title of subsidy programme 
 
 Restructuring of the defence industry 
 
 Employees hired on the basis of individual empl oyment contracts for an indefinite length of 
time by undertakings engaged in  defence production whose activity temporarily comes to a halt or 
reduction due to lack of orders, enjoy during such a period special rights provided by the legislation 
for civil servants. 
  A financing fund for the aforesaid salary paym ents and payment of contributions owed by 
employers to social security budgets, unemployment budget, health security fund and special fund for 
social solidarity meant to disabled persons shall be  monthly granted to undertakings owning defence 
capacities and whose activity temporarily comes to a halt due to lack of orders and contracts. 
Amounts needed to support salary rights are granted from the State Budget. 
 2. Period covered by the notification 
  2009-2010.  
3. Policy objective and / or purpose of the subsidy 
 
 The objective of the programme is supporting undertakings of defence industry for paying 
salary rights to employees whose activities are not covered by military orders. 
 
4. Background and Authority for the subsidy 
 
 The Ministry of Economy is the entity which has promoted for approval the legislation on 
defence industry (Government Emergency Ordinance No. 95/2002 on defence industry, Government 
Decision No. 1597/2002 to approve Methodological No rms for enforcing the Government Emergency 
Ordinance No. 95/2002 on defence industr y and annual State Budget laws). 
 
5. Form of the subsidy 
 
 The subsidy was granted as transfers provided for by the State Budget, via the Authority for 
State Assets Recovery (AVAS) budget.  
6. To whom and how the subsidy is provided 
 
 The subsidy is granted to producers (CN Romarm  SA, SC Avioane Craiova SA) and is set as 
follows: 
 
 to be able to pay salaries to employees whose job tasks are not covered with orders, to 
complete the unit's salary budget, undertakings are monthly allocated with a certain fund from the amounts meant to this purpose in the State Budget. 
 monthly amounts allocated to undertakings is  balanced, as per Annex No. 4a of the 
GD No. 1597/2002 with differences between 75 per cent of the average gross salary 
in the economy for the previous month, communicated by the National Institute of 
Statistics and 75 per cent of the average gr oss salary in the economy considered when  G/SCM/N/220/EEC/Add.22 
 Page 19 
 
 
  compiling supporting billing plus contributi ons owed by the employers under the 
legal provisions. 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
          T h o u s a n d  L e i   
 2009 2010 
CN Romarm SA 4,452.164  
SC Avioane Craiova SA 260.137  
Total amount 4,711.301  
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The Programme has been launched on the G overnment Emergency Ordinance No. 95/2002 on 
defence industry issuance date and is still in progress. 
 
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 No measurable effects on trade. 
 
IV. PRIVATIZATION PROCESS 
12. A CCELERATION OF PRIVATIZATION  
1. Title of the subsidy programme 
 
 Law No. 137/2002 regarding some measures fo r acceleration of the privatization process, 
with subsequent modifications and completions. 
 2. Period covered by the notification 
  2009-2010.  
3. Policy objective and/or purpose of the subsidy 
  Law No. 137/2002 creates the legal framework for acceleration of privatization on the 
following principles:  
 privatization process transparency; 
 sell at the market price calculated as a ratio between offer and demand taking into 
account all the buying offer elements; 
 equal treatment for all the buyers; 
 implementing restructuring programmes pr evious to privatization focused on 
externalization of some activities and/or assets, especially those assets having a social 
character; 
 reconsidering the debts of the commercial entities aiming at increasing the 
privatization offer attractiveness; G/SCM/N/220/EEC/Add.22 
Page 20 
 
 
   establishing special administration during the privatisation process. 
4. Background and authority for the subsidy 
 
 The Authority for State Assets Recovery (AVAS) grants,  according to the provisions of this 
law, exemption from the payment of budgetary obligations.   
 5. Form of the subsidy 
  Exemption from the payment of budgetary obligations.  
6. To whom and how the subsidy is provided 
 
 The law provisions apply to the commercia l entities where the state or a local public 
administration authority is holder or associate, to branches where the main holders/associates are the 
state owned commercial entities, as well as autonomous companies.    
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2009 there were 3 undertakings that benef ited of exemption from the payment of budgetary 
obligations in the amount of 783,910 Lei. 
 
 In 2010 it has not been granted any kind of state aid.    
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The law entered into force in 2002; the artic les that provided facilities were repealed by 
G.E.O. No. 26/2005, but the companies where the tr ansfer ownership took place before the entry into 
force of this ordinance and/or who have concluded contracts for sale of shares before the effective 
date of this ordinance, with provisions on f acilities for payment will benefit from budget payment 
facilities regulated by the Law No. 137/2002.  
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available. 
 13. E
NHANCING PRIVATIZATION PROCESS  
1. Title of the subsidy programme 
 
 The Government Emergency Ordinance No. 26/200 4 regarding some measures to be taken for 
the completion of privatisation of companies in the portfolio of the Au thority for State Assets 
Recovery (AVAS), as well as for the strengthening of privatisation process.  
2. Period covered by the notification 
 
 2009 – 2010. 
  G/SCM/N/220/EEC/Add.22 
 Page 21 
 
 
  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 AVAS, especially those with  significant social and economic impact, as well as 
the strengthening of some privatizations in or der 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. 26/200 4 regarding some measures to be taken for 
the completion of privatisation of companies in th e portfolio of the Authority for Privatisation and 
Management of State Ownership, as well as for the st rengthening of privatisation - grantor Ministry of 
Public Finance. 
 5. Form of the subsidy 
 
 Total or partial exemption from the payment of the liabilities accrued at 
31 December 2003, representing taxes, contri butions 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 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 do not 
pay the current obligations of each fiscal year from 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 AVAS  or to companies privatized by AVAS. 
 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 During 2009-2010 , 1 undertaking received aid in an amount of 1,691,000 Lei . 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The articles that provided facilities were rep ealed by G.E.O. No. 26/2005, but the companies 
where the transfer ownership took place before the entr y into force of this ordinance and/or who have 
concluded contracts for sale of shares before the effe ctive date of this ordinance, with provisions on 
facilities for payment will bene fit from budget payment facilities regulated by the G.E.O. 
No. 26/2004. 
 G/SCM/N/220/EEC/Add.22 
Page 22 
 
 
  9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available.  V. ENVIRONMENT 
14. E
NVIRONMENTAL 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 regarding 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. 
 
2.   Period covered by the notification 
 
 2009 – 2010.   
 
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. 12/07.08.2007, 
no. 15/18.10.2007, no. 5/04.05.2007, no. 7/04.05.2007, no. 4 bis/04.05.2007, 
no. 6/01.10.2008, no.8/04.05.2007, no.9/04.05.2007. 
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 pr ojects are selected by a Committee based on 
criteria provisioned in the Environmental Handbook.  
  G/SCM/N/220/EEC/Add.22 
 Page 23 
 
 
  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 2009:     50,989.62 Lei   For the year 2010: 5,401,229.93 Lei 
 
 B. Project on the prevention, reduction and control of pollution 
 
  For the year 2009:   20,224,168.53 Lei 
  For the year 2010:   17,247,137.76 Lei  
 C. Project on reducing air emissions of sulphur dioxide, nitrogen dioxide, floating 
particles and dust, lead, carbon monoxide and VOCs 
   For the year 2009:  16,037,965.80 Lei 
  For the year 2010:    7,139,510.82 Lei  
 D.   Project on recycling waste resulted from plastic packaging 
 
  For the year 2009:   1,075,000.00 Lei 
  For the year 2010:      157,457.99 Lei 
 
 E.  Project on management of woode n waste from forests and farms and wood 
processing 
 
  For the year 2009:   4,559,347.47 Lei 
  For the year 2010:   2,207,191.89 Lei  
 F. Project on recycling and storing waste resulted from industrial activities and 
individual households 
   For the year 2009:    5,424,553.64 Lei 
  For the year 2010:  36,914,484.34 Lei  
 G. Modifying the regional state aid scheme regarding the promotion of clean 
technologies and producing energy  from renewable energy sources 
 
  For the year 2009:   22,386,753.36 Lei 
  For the year 2010:   63,655,675.82 Lei 
 
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 2011.   
 9.  Statistical data permitting an assessment of the trade effects of the subsidy 
  Not available.    G/SCM/N/220/EEC/Add.22 
Page 24 
 
 
  VI. ENHANCING EXPORT ACTIVITIES 
15. E XPORT PROMOTION  
1. Title of the subsidy programme 
 
 Support and promotion of export with  financing from the State Budget. 
 
2. Period covered by the notification 
 
 2009-2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 The aid for export promotion is provided th rough international fa irs and exhibitions, 
economic missions, trade information por tal, market studies and other events. 
 
4. Background and authority for the subsidy 
 
(a) The grantor of the subsidy is the Minist ry of Economy, Commerce and Business 
Environment. 
(b) The legislation on the basis of which th e subsidy is provided is as follows: 
 Emergency Ordinance No. 120/2002 regardi ng the approval of the National System 
of export promotion, 
 Decision No. 296/ 2007 regarding the approva l of the grants mechanism according 
with the Programme of export promotion. 
5. Form of the subsidy 
 
 The subsidy is provided as a grant on the basis of account expense approved by the 
specialized directorates from the Ministry of Economy and Commerce and Business Environment. 
 
6. To whom and how the subsidy is provided 
  The scheme is opened for all the private and public undertakings, in all sectors of economy.  
It is hard to demonstrate the specificity of the measure. 
 
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 2009:  Lei 33,410,000. 
 For the year 2010:  Lei 30,046,000.  
8. Duration of the subsidy and/or an y other time limits attached to it 
 
 Not more than equivalent of 200,000 Euros within three fiscal years for each company. 
  G/SCM/N/220/EEC/Add.22 
 Page 25 
 
 
  9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Compared to the previous period the number of commercial contacts increased by 9.6%.   VII. FREE TRADE AREAS 
16. F
REE TRADE AREAS  
1. Title of the subsidy progra mme, if relevant, or brief descr iption 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 compa tibility on existing state aid granted under the 
Law No. 84/1992 on the regime of free trade areas. 
 
2. Period covered by the notification 
 
 2009-2010. 
 3. Policy objective and/or purpose of the subsidy 
  Promoting international trade and attracti ng 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 would be granted acco rding to the provisions of the Law no 84/1992  on free 
trade areas regime, until 31 December 2011, if the sp ecified criteria are respected. 
 
 The grantor is the Ministry of Public Finance. 
 5. Form of the subsidy (i.e. gr ant, 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 is granted to the undert akings 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 2009 -  24 undertakings received aids in a total amount of 854, 263  USD .  
  Also 1 undertaking received aid in an amount of 70,917 euro . 
 
 Also, in 2010  - 24 undertakings received aids in a total amount of 898,587 USD . G/SCM/N/220/EEC/Add.22 
Page 26 
 
 
   Also 1 undertaking received aid in an amount of 69,229 euro . 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The undertakings operating in a free trad e area benefit of royalties reduction until 
31 December 2011. 
 9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available.  VIII.  REGIONAL DEVELOPMENT 
17. D
ISADVANTAGED REGIONS  
1. Title of the subsidy programme, if relevant or brief descrip tion or identification of the subsidy 
 
 Government Emergency Ordinance no. 24/1998  on disadvantaged areas regime , 
republished, Law no. 571/2003 on Fiscal Code , art. 38 (1) 
 
2. Period covered by the notification 
 
 2009-2010. 
 3.  Policy objective and/or purpose of the subsidy 
  The objective of the subsidy is the regional development of disadvantaged areas by 
supporting the undertakings that obtained the permanent investor certificate in a deprived area, before 
1 July 2003.  
 The disadvantaged area is a geographic area strictly delimited by territorial point of view, 
having a high unemployment rate and a weak in frastructure, and a precarious socio-economic 
development.  The statute of disadvantaged area was given by a Government Decision.   
 
4.  Background and authority for the subsidy  
 
 Government Emergency Ordinance no. 24/1998 on disadvantaged areas regime, republished.  
  According to the provision of the Accession Treaty of Romania to the European Union , the 
undertakings that obtained the permanent investor cer tificate in a deprived area, before 1 July 2003 
may benefit of the exemption from the payment of profit tax.  
 The facilities would be granted acco rding to the provisions of the  Government Emergency 
Ordinance no. 24/1998  on disadvantaged areas regime , republished, if the specified criteria are 
respected, until: 
  - 31 December 2008 inclusively, for 3 disadvantaged areas; 
 - 31 December 2009 inclusively, for 22 disadvantaged areas; 
 - 31 December 2010, inclusively, for 3 disadvantaged areas.  
 The grantor is the Ministry of Public Finance. 
  G/SCM/N/220/EEC/Add.22 
 Page 27 
 
 
  5.  Form of the subsidy (i.e. grant, loan, tax concession, etc.) 
 
 Exemption from the payment of profit tax.  
6.  To whom and how the subsidy is provided 
  The exemption from the payment of profit tax is  granted to the undertakings that obtained the 
permanent investor certificate in a deprived area before 1 July 2003. 
 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2009 , 89 undertakings received aids in a total amount of 17,874,905 LEI . 
 8.  Duration of the subsidy and/or any other time limits attached to it, including date of inception/ 
commencement. 
 
 The facilities would be granted acco rding to the provisions of the  Government Emergency 
Ordinance no. 24/1998 on disadvantaged  areas regime, republished, until: 
 
 - 31 December 2008 inclusively, for 3 disadvantaged areas; 
 - 31 December 2009 inclusively, for 22 disadvantaged areas; 
 - 31 December 2010, inclusively, for 3 disadvantaged areas.  
9.  Statistical data permitting an assessment of the trade effects of the subsidy 
  Not available. 
 18. R
EGIONAL DEVELOPMENT  
1. The Government Decision no. 1165/2007 fo r stimulating the economic growth by 
supporting the realization of investments, as amended 
1. Title of the subsidy programme, if relevant or brief descrip tion or identification of the subsidy 
 
 The Government Decision  no. 1165/2007  for stimulating the econom ic growth by supporting 
the realization of investments , as amended 
 
2. Period covered by the notification 
 
 2009-2010. 
 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 in vestment and creation of new jobs. 
 4.  Background and authority for the subsidy  
  The granting authority is the Ministry of Public Finance.  G/SCM/N/220/EEC/Add.22 
Page 28 
 
 
  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: 
 
 make investments with a value greater than Lei equivalent of 30 million euro,  
 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 2009 , 4 undertakings received grants in total amount of 36,751,600 Lei . 
 In 2010 , 3 undertakings received grants in total amount of 104,818,300 Lei . 
 
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; starting with 1 January  2009 state aids under this scheme will not be granted to new undertakings bu t only the aids for the investments approved in 
2007 and 2008; depending on the investment plan of these beneficiaries, the payment will be made in 
instalments until 2010 inclusive.  
9.  Statistical data permitting an assessment of the trade effects of the subsidy 
 
 Not available.  2. 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 descrip tion 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 
 
 2009-2010. 
 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 in vestment and creation of new jobs. 
 
4.  Background and authority for the subsidy  
  The granting authority is the Ministry of Public Finance.   G/SCM/N/220/EEC/Add.22 
 Page 29 
 
 
  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 fulfils the following criteria: 
 
 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 2009,  1 undertaking received grants in amount of 59,457,810  Lei. 
 In 2010,  3 undertakings received grants in total amount of 41,820,690  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 5 years, respectively 2009 - 2013. 
 9.  Statistical data permitting an assessment of the trade effects of the subsidy 
  Not available. 
 
3. The Government Emergency Ordinance no 109/2008 on granting an individual regional 
state aid  
1. Title of the subsidy programme, if relevant or brief descrip tion or identification of the subsidy 
 
 The Government Emergency Ordinance no 109/2008  on granting an individual regional 
state aid   
2. Period covered by the notification 
 
 2009-2010.  
3.  Policy objective and/or purpose of the subsidy 
  The objective is the promotion of regional de velopment by providing ad hoc regional aid to 
Ford for two investment projects in Craiova city, in the South- West region of Romania. The first G/SCM/N/220/EEC/Add.22 
Page 30 
 
 
  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 de velopment 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 euro . 94.45 million euro would be granted for the 
vehicle production project and 48.55 million euro fo r 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 2010 , the total amount of aid paid to Ford was 73,394,479 LEI . 
 8.  Duration of the subsidy and/or any other time limits attached to it, including date of inception/ 
commencement 
 
 The aid would be paid for each project in yearly instalments from 2008 to 2012 depending on 
the realization of the projects. 
  The planned date of completion and full production for both projects is 2012. 
 
9.  Statistical data permitting an assessment of the trade effects of the subsidy 
 
 Not available. 
 
19.  S TATE AID GRANTED FOR STRENGTHENING AND MODERNIZING THE PRODUCTION OF SME S 
1. Title of the subsidy programme 
 Support for the strengthening and modernizati on 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 through investments tangible and intangible, "Major area of 
intervention" 1.1 Productive investments and prep aration for market competition to enterprises 
especially SMEs - priority Axis 1- an innovative and eco-efficient production system from Sectoral 
Operational Programme "Increasing Economic Competitiveness".  G/SCM/N/220/EEC/Add.22 
 Page 31 
 
 
   
2. Period covered by the notification 
 2009 – 2010. 
 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 (inclu ding 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 th e subsidy is provided is as follows: 
 Ministry Order no. 477/2008 regarding the approval the state aid scheme 
(XR 57/2008) 
 This scheme is designed under Regula tion (EC) 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 s ite, by launching new products or services; 
(d) bringing fundamental changes in the production process of an existing site; 
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:  
 
 For the year 2009:       699,323 Lei.  For the year 2010:  12,218,045 Lei. 
 G/SCM/N/220/EEC/Add.22 
Page 32 
 
 
  8. Duration of the subsidy and/or any other time lim its attached to it, including date of inception/ 
commencement 
 
 2007-2013. 
 
9. Statistical data  
 
 Not available. 
 
20.  F INANCING 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 
 
 2009 - 2010. 
 
3.   Policy objective and/or purpose of the subsidy 
 
 Aid for research and development. 
 
4.  Background and authority for the subsidy (inc luding 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. 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 Sectoral  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/220/EEC/Add.22 
 Page 33 
 
 
  (c) Shares to finance the research and developmen t 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 gr anted for the measure is as follows:  
  For the year 2009:     580,729 Lei 
 For the year 2010:  2,699,379 Lei 
 8.   Duration of the subsidy 
 
 2009 – 2013 (2015). 
 
9.   Statistical data   
 
 Not available.  
21. T
HE STIMULATION OF ECONOMIC DEVELO PMENT BY SUPPORTING INVESTMENTS  
1. Title of the subsidy programme 
 
 Government Decision no. 1165/2007 on the stimulation of economic development by 
supporting investments 
 
2. Period of time covered by the notification 
  2009 – 2010.   
3. Policy objective and/or purpose of the subsidy 
 
 The purpose of this decision is the establishmen t of a state aid scheme with the objective of 
regional development by stimulating investments and creating new jobs. 
 
4. Background and authority for the subsidy 
 
 The authority for this subsidy is the Ministry of Public Finance. 
 5. Form of the subsidy 
  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: 
 
 make investments with a value greater than the equivalent in Lei of 
30 million euro; 
 create at least 300 new jobs after the initial investment.  G/SCM/N/220/EEC/Add.22 
Page 34 
 
 
   
7. Subsidy per unit or in cases where this is not  possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2009 there were 4 undertakings who recei ved grants in amount of 36,751,600 Lei; 
 In 2010 there were 3 undertakings who r eceived grants in amount  of 104,818,300 Lei. 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The decision entered into force in 2007; starti ng with 1 of January 2009 state aids under this 
scheme will not be granted to new undertakings, except only the aids for investments approved in 
2007 and 2008; depending on the investment plan of these beneficiaries, the payment will be made in 
instalments until the end of 2011.  
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available 
 
22.  T HE ENSURING OF A DURABLE ECONOMIC DEVELOPMENT  
1.   Title of the subsidy programme 
 
 Government Decision no.1680 of 10 December 2008 to institute a state aid scheme on the 
ensuring of durable economic development 
 
2. Period covered by the notification 
  2009 – 2010.  
3. Policy objective and/or purpose of the subsidy 
 
 The purpose of this decision is the establishmen t of a state aid scheme with the objective of 
regional development by stimulating investments and creating new jobs. 
 4. Background and authority for the subsidy 
  The authority for this subsidy is the Ministry of Public Finance. 
 
5. Form of the subsidy 
 
 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:  
 make investments with a value greater  than  the equivalent in Lei of 
30 million euro;  
 create at least 300 new jobs after the initial investment. 
  G/SCM/N/220/EEC/Add.22 
 Page 35 
 
 
  7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2009 there was 1 undertaking who received grants in amount of 59,457,810 Lei. 
 In 2010 there were 3 undertakings who recei ved grants in amount of 41,820,690 Lei. 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The duration of the scheme is 5 years, resp ectively the period of time between 2009 and 2013. 
  The maximum total budget of the present scheme is  the equivalent in Lei of 1 billion euro, 
with an annual average budget of 200 million euro, w ithin the annual budgetary ceilings for the 5 year 
period.   
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available.   
 
23.   I NDIVIDUAL STATE AID GRANTED TO FORD ROMANIA S .A. 
 
1. Title of the subsidy programme 
 
 Government Emergency Ordinance no.109 of 18 September 2008 with regard to the granting 
of individual state aid having regi onal development as its objective. 
 
2. Period covered by the notification 
 
 2009 – 2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 The objective of granting the individual state aid for investment projects consists in 
supporting Romania's South-Western development region, according to the Map of regional state aids 
granted in Romania, approved by the Decision of the European Commission no. N2 of 
24 January 2007. 
 4. Background and authority for the subsidy 
  The authority for this subsidy is the Ministry of Public Finance. 
 
5. Form of the subsidy 
  The state aid is provided from the state budget in form of grants. 
 6. To whom and how the subsidy is provided 
  Individual state aid is granted to Ford Romania S.A. and it's conditioned by the realization of two investment projects: 
 
1. The investment project destined for produci ng automobiles which is to be realized 
between 2008 and 2012; 
 G/SCM/N/220/EEC/Add.22 
Page 36 
 
 
  2. The investment project destined for produci ng motors which is to be realized between 
2009 and 2012. 
 7. Subsidy per unit or in cases where this is not  possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2010 the beneficiary received grants in amount of 73,394,479 Lei. 
 8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 2008 - 2012. 
 
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
  
 Not available. 
  24.
  R EGIONAL DEVELOPMENT BY CREATING AND DE VELOPING 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 sup port structures within the Regional Operational 
Programme 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, Pub lic Works 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; 
 
 Order no. 2044 from 2 September 2010 for the m odification 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 sch eme through the creation and the development of 
the business support structures within the Regional Operational Programme 2007-2013. 
 
2. Period covered by the notification 
 
 2009 – 2010.   
3. Policy objective and/or purpose of the subsidy 
 
 The objective of the state aid scheme is to enc ourage the lasting/sustainable local and regional 
development through the support of the creation 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 Minist ry of Regional Development and Tourism. 
 
5. Form of the subsidy 
 
 The state aid is provided from the state budget in form of grants. 
  G/SCM/N/220/EEC/Add.22 
 Page 37 
 
 
   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 applican ts 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, 
according to the provisions of art. 57 , paragraph 1 from the Council Regulation 
no. 1083/2006 which lays down the genera l 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 crite rion 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 Financ ial regulation applicable to the general 
budget of the European Communities no. 1605/2002" art. 93; 
(e) At the date of registration of the financ ing 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 sp ecified 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 financi ng within the project didn't receive 
public financing in the last 5 years and do not benefit from public funds from 
other financing sources; 
 The total value of the project is be tween 1,700,000 and 85,000,000 Lei (the 
equivalent of approximately 500,000 and 25,000,000 Euro); 
 The implementation length/duration of the project does not exceed 
31 July 2012; G/SCM/N/220/EEC/Add.22 
Page 38 
 
 
   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 2010 there were 2 undertakings who recei ved grants in amount of 1,592,000 Lei. 
 
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The state aid scheme is available until 31 December 2013.  
9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available  
25.
  I NVESTMENT IN HARNESSING RE NEWABLE ENERGY RESOURCES  
1.   Title of the subsidy programme 
 
 Regional state aid scheme for capitalizing on the renewable 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 promotin g sustainable development and investments in the 
regions of Romania.  
2.   Period covered by the notification 
 
 2009 – 2010. 
 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 capitali ze 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 r esulted from fermenting waste - landfill gas, sludge 
digester gas from wastewater treatment plants) to  produce electrical and thermal energy, which will 
contribute to Romania's sustainable regional de velopment, the stimulation of the economic 
development and the growth of the social cohesion of the regions in which they are implemented. 
 
4.  Background and authority for the subsidy (inc luding 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:  G/SCM/N/220/EEC/Add.22 
 Page 39 
 
 
   
  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:   
 For the year 2009:  0 Lei.  For the year 2010:  542,437 Lei. 
 
8.   Duration of the subsidy 
 
 2008 – 2013.  
 
9.   Statistical data   
 
 Not available.  
26.
  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  
2.   Period covered by the notification 
  2009 - 2010.  
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. 
 
4.   Background and authority for the subsidy (i ncluding 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: G/SCM/N/220/EEC/Add.22 
Page 40 
 
 
   
 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 integrat ed 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-economy", Priority 3 
"Technology of information and communi cations 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:  
 
 For the year 2009:  0 Lei 
 For the year 2010:  14,513 Lei.  
8.   Duration of the subsidy  
 
 2008 – 2013.   
9.   Statistical data   
 
 Not available. 
 
27.  S TATE AID FOR STRENGTHENING AND MODERNIZING LARGE ENTERPRISES  
 1. Title of the subsidy programme 
 
 Support for the strengthening and modernizati on 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 invest ments tangible and intangible - priority Axis 1- 
an innovative and eco-efficient production system from the Sectoral Operational Programme "Increasing Economic Competitiveness" 
2. Period covered by the notification  
 
 2009 - 2010. 
 
3. Policy objective and/or purpose of the subsidy 
 
 Aid for regional development.  G/SCM/N/220/EEC/Add.22 
 Page 41 
 
 
   
4. Background and authority for the subsidy (inclu ding 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 (E C) 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 th e state 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:  
  For the year 2009:  0 Lei  
 For the year 2010:  1,496,780 Lei  
 8. Duration of the subsidy  
 
 2008 – 2013 
 
9. Statistical data  
 
 Not available. 
 G/SCM/N/220/EEC/Add.22 
Page 42 
 
 
  28.  I NDIVIDUAL STATE AID GR ANTED FOR INVESTMENTS  
1. Title of the subsidy programme 
 
 Law No. 137/2002 regarding some measures for acceleration of the privatization process, 
with subsequent modifications and completions   
 
2. Period covered by the notification 
 
 2009 – 2010.   
 
3. Policy objective and/or purpose of the subsidy 
 
 Law no. 137/2002 creates the legal frame work for acceleration of privatization  on the 
following principles:    
- privatization process transparency;   
- sell at the market price calculated as a ratio between offer and demand taking into 
account all the buying offer elements;   
- equal treatment for all the buyers; 
- implementing restructuring programmes previous to privatization focused on 
externalization of some activities and/or assets, especially those assets having a social 
character;   
- reconsidering the debts of the commercial entities aiming at increasing the 
privatization offer attractiveness;   
- establishing special administration during the privatization process.   
 
4. Background and authority for the subsidy 
 The Authority for State Assets Recovery (AVAS) grants,  according to the provisions of this 
law, exemption from the payment of budgetary obligations.    
5. Form of the subsidy 
 
 Exemption from the payment of budgetary obligations   
 
6. To whom and how the subsidy is provided 
 The law provisions apply to the commercia l entities where the state or a local public 
administration authority is holder or associate, to branches where the main holders/associates are the 
state owned commercial entities, as well as autonomous companies.   
 7. Subsidy per unit or in cases where this is not  possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 In 2010 there was 1 undertaking that benefite d of exemption from the payment of budgetary 
obligations in the amount of 2,089,000 Lei.   
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The law entered into force in 2002; the artic les that provided facilities were repealed by 
G.E.O. no.26/2005, but the companies where the tran sfer ownership took place before the entry into 
force of this ordinance and/or who have concluded contracts for sale of shares before the effective  G/SCM/N/220/EEC/Add.22 
 Page 43 
 
 
  date of this ordinance, with provisions on f acilities for payment will benefit from budget payment 
facilities regulated by the Law no.137/2002. 
 9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available. 
 
IX. RESEARCH & DEVELOPMENT 
29. I NNOVATION AND RESEARCH  
1.   Title of the subsidy programme 
 
 RD&I Project financing according to the Na tional Plan for Innovation and Research II – 
Innovation Programme 
 
2.   Period covered by the notification 
  2009 – 2010.  
3.   Policy objective and/or purpose of the subsidy 
 
 Aid for research and development. 
 
4.  Background and authority for the subsidy (inc luding identification of the legislation under 
which it is granted) 
 
(a) The grantor of the subsidy is the Ministry of Education, Research, Youth and Sports;  
(b) The legislation on the basis of which th e 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 approval 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 th e scheme 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; G/SCM/N/220/EEC/Add.22 
Page 44 
 
 
  (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/pub lic with research and development as 
their core and/or ancillary activity; 
(f) Research institutes, centres or stations of the Romanian Academy and of sectoral 
academies; 
(g) National research and development institutes; 
(h) Research and development institutes, cen tres or stations organized as public 
institutions; 
(i) International research and development cen tres 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 gr anted for the measure is as follows:  
 
 For the year 2009:    67,246,100 Lei.  For the year 2010:  103,207,930 Lei. 
 
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. 
 30. R
ESEARCH AND DEVELOPMENT  
1.   Title of the subsidy programme 
 RD&I Project financing according to the Na tional Plan for Innovation and Research II – 
Partnership Programme  in priority fields  
 
2.   Period covered by the notification 
 
 2009– 2010. 
 
3.   Policy objective and/or purpose of the subsidy 
 
 Aid for research and development. 
  G/SCM/N/220/EEC/Add.22 
 Page 45 
 
 
  4.   Background and authority for the subsidy 
 
(a) The grantor of the subsidy is the Ministry of Education, Research, Youth and Sports;   
(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 approval of National Plan 
for research and development,  innovation for 2007-2013; 
 European Commission Notification N 542/2007. 
 
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 th e scheme 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/pub lic with research and development as 
their core and/or ancillary activity; 
(f) Research institutes, centres or stations of the Romanian Academy and of sectoral 
academies; 
(g) National research and development institutes; 
(h) Research and development institutes, cen tres or stations organized as public 
institutions; 
(i) International research and development cen tres established based on international 
agreements; 
(j) Other public institutions or structures of these having research and development as 
their activity. G/SCM/N/220/EEC/Add.22 
Page 46 
 
 
  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: 
 
 For the year 2009:   44,968,990 Lei. 
 For the year 2010:   30,391,720 Lei. 
 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. 
 31. R
ESEARCH AND DEVELOPMENT  
1.  Title of the subsidy programme 
 
 Allocation for research and development – Programme for Financing R & D and innovation 
 
2.  Period covered by the notification 
 
 2009 - 2010. 
 
3.   Policy objective and/or purpose of the subsidy 
 
 Aid for research and development. 
 
4.  Background and authority for the subsidy (inc luding 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 uni versities / 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 "Promoting innovation within the enterprises". 
5.   Form of the subsidy 
 
 The subsidy is provided as a grant.   G/SCM/N/220/EEC/Add.22 
 Page 47 
 
 
  6.   To whom and how the subsidy is provided   
 
 The beneficiaries must be regi stered and have to carry on activities in Romania, not to be 
bankrupt or in liquidation, not to have their busin ess 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 pa yment obligations, tax and social insurance 
contributions to the budgets that are part of th e general consolidated budget (state budget, special 
budgets, local budgets), in accord ance 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 prej udice to professional ethics or committed a professional 
error.  
 
 The beneficiaries are not the subject of a rec overy 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:   
 For the year 2009:            0 Lei  For the year 2010:  617,555 Lei 
 
8.   Duration of the subsidy 
 
 2009 – 2013 . 
 9.   Statistical data 
  Not available.   
 
32. A
GRICULTURE R&D 
1. Title of the subsidy programme 
 
 "Sectoral Research and Development Plan for 2006-2010" of the Ministry of Agriculture, Forests and Rural Development 
 
2. Period covered by the notification 
 
 2009-2010. 
 G/SCM/N/220/EEC/Add.22 
Page 48 
 
 
  3. Policy objective and/or purpose of the subsidy 
 
 Development of the scientific research in th e area of agriculture, forestry, food industry and 
the Academy of agricultural and Forestry Sciences "Gheorghe Ionescu – Sisesti". 
 
4. Background and authority for the subsidy 
  Order 662/2006 of the Minister of Agriculture , Forests and Rural Development for approval 
of  Sectoral Research and Development Plan for 200 6-2010 of the Ministry of Agriculture, Forest and 
Rural Development, Decision 1226/2004 approving the methodological norms for contracting, 
financing, monitoring and evaluation of projects in sect oral plans of research a nd development,  Order  
MECT 4729/2004 for approval of terms of refere nce model and financing agreement model for 
projects in the Sectoral Plan. 
 5. Form of the subsidy 
  State Budget funds provided to the research un its in the area of agriculture, forestry, food 
industry and the Academy of agricultural and For estry Sciences "Gheorghe Ionescu – Sisesti" under 
the shape of direct transfer of funds. 
  6. To whom and how the subsidy is provided 
  The incentives are granted to the research units  in the area of agriculture, forestry, food 
industry and the Academy of agricultural and For estry Sciences "Gheorghe Ionescu – Sisesti" and 
other institutes that have won the auction organized in 2006. 
 
7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amount 
budgeted for that subsidy 
 
 2009:  Lei  11,948,981. 
 2010:  Lei  9,945,198.  
8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The subsidy is granted for the period 2006-2010, during the "Sectoral Research and 
Development Plan for 2006-2010".  
 Order 662/2006 came into force in October 2006. 
 9. Statistical data permitting an assessmen t of the trade effects of the subsidy 
 
 Not available. 
  G/SCM/N/220/EEC/Add.22 
 Page 49 
 
 
  X. CULTURE AND CULTURAL HERITAGE CONSERVATION 
33. S TATE AID GRANTED FOR CINEMATOGRAPHY  
1. Title of the subsidy programme 
 
 State aid granted for cinematography 
 
2. Period covered by the notification 
 
 2009 – 2010. 
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, cu lture 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 fi lms 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 implementing and managing the state aid 
scheme. NCC is a public institution of nationa l interest with legal personality and is 
subordinated to the Ministry of Culture, Religious Affairs and National Heritage; 
(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 s ubsequent amendments  and completions; 
 Order no. 2335/2006 "Regulation on the pr oject 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 G/SCM/N/220/EEC/Add.22 
Page 50 
 
 
  latest after winning the competition for selection of cinematographic projects 
for granting the state aid and before the conclusion of the contract for 
receiving the state aid; 
 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 Roma nian 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 defined 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, potential 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 achieveme nts 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 2009 there were 46 undertakings who r eceived grants in amount  of 26,803,000 Lei. 
 In 2010 there were 38 undertakings who r eceived grants in amount  of 12,790,000 Lei. 
 8. Duration of the subsidy and/or any other time li mits attached to it, including date of inception/ 
commencement 
 
 The state aid scheme is available until 31 December 2014. 
 
9.    Statistical data permitting an assessm ent of the trade effects of the subsidy 
 
 Not available. 
 
__________