S.L. 463.4 Art. 21‘De minimis rule’. Re-numbered by: L.N. 60 of 2009; L.N. 107 of 2010; L.N. 488 of 2010; L.N. 456 of 2012; Re-numbered and

Any assistance that may be provided under these regulations shall be in conformity with the De Minimis Regulation as defined in Commission Regulation (EC) No. 1998/2006 of 15

December 2006 on the application of Articles 87 and 88 of the

Treaty to de minimis aid, or any other regulation that may substitute it. An undertaking may receive a total amount of up to two hundred thousand euro (€200,000) of de minimis aid over a consecutive three fiscal year period. This maximum threshold includes all aid granted as de minimis aid from the Corporation as well as from any other entity:

Provided that, as from the 1st January 2014, assistance provided under regulations 4, 5, 6, 7, 12, 17, 18, 19 and 20 shall be in conformity with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. A single undertaking may receive a total amount of up to two hundred thousand euro (€200,000) of de minimis aid over a consecutive three fiscal year period. This maximum threshold includes all aid granted as de minimis aid from the Corporation as well as from any other entity:

Provided further that for the purposes of regulations 4, 5, 6, 7, 12, 17, 18, 19 and 20, a ''single undertaking'' shall include all undertakings having at least one of the following relationships with each other:

(a) one undertaking has a majority of the shareholders’ or members’ voting rights in another undertaking;

(b) one undertaking has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another undertaking;

(c) one undertaking has the right to exercise a dominant influence over another undertaking pursuant to a contract entered into with that undertaking or to a provision in its memorandum or articles of association;

(d) one undertaking, which is a shareholder in or member of another undertaking, controls alone, pursuant to an agreement with other shareholders in or members of that undertaking, a majority of shareholders’ or members’ voting rights in that undertaking.

Undertakings having any of the relationships referred to in paragraphs (a) to (d) through one or more other undertakings shall also be considered to be a single undertaking.