RESOLUTION OF COMPETITION COUNCIL OF THE REPUBLIC OF MOLDOVA

of October 29, 2025 No. 05

About approval of the Regulations on the government assistance provided on rescuing and restructuring of the non-financial companies which are in difficult situation

Based on the item g) h (1) Art. 5 and h (2) Law on government assistance No. 139/2012 (Official monitor of the Republic of Moldova, 2012, No. 166-169a, Art. 565) and item c) h (1) Art. 41, item g) h (6) Art. 46 of the Competition act No. 183/2012 (repeated publication: The official monitor of the Republic of Moldova, 2023, Art. No. 351-354, 620), with subsequent changes, and for the purpose of transposition:

- Appendices I, part of III.3.A, part of III.3.B and part of III.3.C to Regulations (EU) No. 794/2004 of the Commission of April 21, 2004 about application of the Provision (EU) 2015/1589 Councils establishing rules of application of article 108 of the Agreement on functioning of the European Union, CELEX: 32004R0794, published in the Official magazine of the European Union by L 140 of April 30, 2004, with the last changes made by Regulations (EU) 2025/905 Commissions of May 12, 2025;

- Messages of the Commission 2014/C249/01 - the Guidelines concerning government assistance on rescuing and restructuring of the non-financial companies which are in difficult situation, CELEX: 52014XC0731(01), the European Union published in the Official magazine C 249 of July 31, 2014,

Plenum of the DECIDES: Competition council

1. Approve Regulations on the government assistance provided on rescuing and restructuring of the non-financial companies which are in difficult situation it (is applied).

2. The resolution of the Plenum of Competition council No. 6/2013 on approval of the Regulations on the help provided for rescuing of the beneficiaries which are in difficult situation (Official monitor of the Republic of Moldova, 2013, No. 243-247, Art. 1654), to declare invalid.

3. The ministerial procedures concerning the notification on assistance for rescuing or restructuring which on the date of entry into force of this decision are in process of consideration to carry out according to material regulations of the regulation existing on the date of receipt of the notification.

4. If the help on rescuing or restructuring is provided fully or partially after entry into force of this resolution, the Competition council analyzes compatibility with normal competitive environment of any help on rescuing or restructuring provided without notice and permissions of Competition council according to Regulations on the government assistance provided for rescuing and restructuring of the non-financial companies which are in difficult situation.

5. In all other cases the Competition council carries out the analysis and assessment of compatibility of government assistance on rescuing or restructuring on the basis of material regulations of the regulation existing for date of provision of government assistance.

6. If criteria of compatibility with competitive environment are changed, suppliers of government assistance according to Art. 12 of the Law No. 139/2012 on government assistance shall stop provision or bring into accord with provisions of this resolution the existing schemes of the government assistance provided for rescuing or restructuring which are applicable also after the date of entry into force of the resolution, within 12 months from the effective date of this resolution.

7. This resolution becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

8. To recognize appendices No. 3-5 to the Regulations on the government assistance provided for rescuing and restructuring of the non-financial companies which are in difficult situation voided for date of the entry of the Republic of Moldova into the European Union.

Approved by the Resolution of Competition council of the Republic of Moldova of October 29, 2025 No. 05

Regulations on the government assistance provided for rescuing and restructuring of the non-financial companies which are in difficult situation

Chapter I. General provisions

Section 1. General principles

1. The regulations on the government assistance provided for rescuing and restructuring of the non-financial companies which are in difficult situation (further - the Provision) establish conditions under which the government assistance for rescuing and restructuring of the non-financial companies which are in difficult situation can be considered compatible to normal competitive environment, assessment procedure of government assistance on rescuing, the help for restructuring and temporary support for restructuring, the reporting and monitoring of the help for the non-financial companies.

2. This Provision is applied to the help provided for all companies which are in difficult situation, except for those which perform the activities in coal or steelmaking industries, and also those which fall under action of the regulations adopted by the Plenum of Competition council applicable to financial institutions.

3. This Provision is applied to the sector of fishery and aquaculture, the sector of agricultural industry, including the sector of primary production of agricultural products, taking into account special regulations of these sectors.

4. The purpose of this provision consists in encouragement of growth, steady, intellectual and favorable for integration, at the competitive domestic market, concentration of the preliminary control exercised by Competition council on cases which exert the greatest impact on the domestic market, acceleration of decision making process, restriction of the help to minimum and prevention of possible negative effects of the help for the competition.

5. This Provision is applied to the following types of government assistance: the help on rescuing, the help on restructuring and the temporary help on restructuring.

6. This Provision is applied to suppliers and/or initiators of government assistance, beneficiaries of government assistance and other interested persons.

7. For the purpose of this provision the used concepts and terms have the following values:

7.1. large enterprises - the companies which do not correspond to criteria for reference to MSP according to the Law No. 179/2016 on the small and medium companies;

7.2. the small and medium companies (MSP) - the companies which are determined in article 4 of the Law No. 179/2016 on the small and medium companies;

7.3. the non-financial company - any company performing economic activity irrespective of its legal status and method of financing in the non-financial sphere;

7.4. again registered enterprise is the company created within the first three years from the moment of the beginning of activities in the respective area if it resulted from liquidation of the previous company or by acquisition of assets of such company;

7.5. the small state enterprise - any company with independent force of decision making which can be considered as small or medium scale enterprise 25% or more capital or voting powers of which are controlled, directly or indirectly, jointly or individually, one or several state bodies.

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