Article 10
Special statuses
1. Special aid statuses
By virtue of presidential decrees, issued following relevant recommendation
of the Ministers of National Economy and Development, as well as
any other competent minister, in the context of balanced re-gional
development, it is possible for Special aid statuses to be enacted
for regions of the country or parts thereof or certain categories
of undertakings or investments, under article 3, of particular importance
for the country's economic development. Prior to the issue of any
presidential decree, a feasibility study has to be elaborated documenting
the above.
Such presidential decrees shall stipulate: the validity period of
special statuses, the departments or bodies to which applications
seeking eligibility for such spe-cial status shall be submitted,
as well the time limits for the submission thereof, the amount of
approved grants and leasing subsidies in the framework of the specific
special aid status throughout its duration, as well as the allocation
of such amount per department or body and per submission period.
Equally, the per-centage of own participation, grant, interest subsidy,
leasing subsidy as well as any other required detail shall be stipulated
by the presidential decree.
Each presidential decree may stipulate special addi-tional eligibility
criteria. Moreover, the marking sys-tem, the way in which the common
and additional cri-teria under article 7 operate and shall be imple-mented,
as well as any special additional criteria shall be stipulated thereby.
The above eligibility criteria shall be applied indi-vidually to
investments and/or equipment leasing pro-grams which shall be eligible
for such Special aid en-acted by each presidential decree.
A summary of the contents of the presidential de-cree shall be published
in two daily political newspa-pers and two financial newspapers
of panhellenic cir-culation. Additionally, a summary thereof is
also sent to the EC office for official publications to be published
in the EC Official Journal.
All other issues pertaining to investments and/or equipment leasing
programs eligible for the Special aids under this paragraph, are
subject to all the other provisions of this law.
2. Rescue and restructuring business plans
Manufacturing or mining undertakings, solely of old organisations,
which employ no less than 150 people and are in an ailing situation,
may submit an inte-grated 2 to 3-year rescue and restructuring business
plan, which shall include its technological, administra-tive, organisational
and business modernisation, re-form and development, and potentially
the required staff training actions. The terms and conditions to
be met by the undertaking, so that it may, according to the judgement
of the competent department and advi-sory committee, be deemed to
be in an ailing situation and, therefore, examined whether it is
eligible for the grants under this paragraph, shall be defined by
joint decision of the Ministers of National Economy, Devel-opment
and Labour and Social Insurance.
Equally, the percentages of grant, interest subsidy and/or leasing
subsidy, as well as the additional forms of aids and the extent
thereof, provided for rescue and restructuring business plans, any
additional required supporting documents and data accompanying the
application, as well as any other necessary detail, shall also be
stipulated by the same decision.
The eligibility criteria, the evaluation details, the way in which
such criteria operate and are applied to res-cue and restructuring
business plans shall be defined by the joint decision under para.4
of article 7.
All other issues pertaining to the eligibility of rescue and restructuring
business plans are subject to all the other provisions of this law.
3. By virtue of joint decisions of the Ministers of Na-tional Economy
and Development, as well as any other competent minister, eligible
for the provisions of these presents shall be industrial, mining
and tourist investments and/or equipment leasing programs, of at
least twenty five billion (25,000,000,000) drachmas, which shall
have a significant effect on the country's international competitiveness
and employment, by creating no less than 300 permanent jobs, a number
of which may be created in satellite undertakings, as a result of
the proposed investment. With respect to in-vestments under this
paragraph, any necessary devia-tions from the regulations on own
participation, grant provision procedure, percentages and amount
of grant, percentages and term of interest subsidy, the amount of
subsidised loan, percentages of leasing subsidy and tax allowance,
the conditions on the transfer of stock as well as on the possibility
to par-ticipate in public corporations' investments herein, shall
be stipulated by the same decisions. Any neces-sary deviations concerning
the, composition of the Special Advisory Committee "under instance
(e) of para.1, article 8" with respect to the review of invest-ments
under this paragraph, shall be stipulated by an identical decision.
The same decisions may provide for undertakings implementing investments
under this paragraph, to benefit from facilities and privileges
stipulated in the provisions of para. 1,2,3 and 4, article 3, and
para. 6, article 4, of the repealed Law 4171/1961 (Government Gazette
93 A') "on taking of measures for the support of the country".
Additionally, the same decisions may stipulate the construction
of special infrastructure works at public expense for the easier
operation of the undertaking.
The aforementioned joint ministerial decisions, by virtue of which
investments under this paragraph shall be made eligible for the
provisions of these presents, shall be subject to previous ratification
thereof by law.