S.L. 463.39 · Access To Finance Regulations (S.L. 463.39)
S.L. 463.39 Art. 2Interpretation. Cap. 463.
In these regulations, unless the context otherwise requires:
"Act" means the Malta Enterprise Act;
"Corporation" means Malta Enterprise established under the Act;
"eligible investment project" means an initial investment project in a qualifying economic activity as defined in the Guidelines;
"guidelines" means such guidelines as may be published by the Corporation from time to time in terms of the Act;
"relocation" means a transfer of the same or similar activity or part thereof from an establishment in one contracting party to the EEA Agreement (initial establishment) to the establishment in which the aided investment takes place in another contracting party to the EEA Agreement (aided establishment). There is a transfer if the product or service in the initial and in the aided establishments, serves at least partly the same purposes and meets the demands or needs of the same type of customers, and jobs are lost in the same or similar activity in one of the initial establishments of the beneficiary in the EEA;
"small and medium sized enterprise (SME)" or "(SMEs)" shall have the same meaning as assigned to it by Annex 1 of Commission Regulation (EU) No 651/2014 of 17 June 2014;
"start of works" means the earlier of either the start of construction works relating to the investment, or the first legally binding commitment to order equipment or any other commitment that makes the investment irreversible. Buying land and preparatory works such as obtaining permits and conducting feasibility studies are not considered "start of works". For take-overs, "start of works" means the moment of acquiring the assets directly linked to the acquired establishment;
"the same or a similar activity" means an activity falling under the same class (four-digit numerical code) of the NACE Rev. 2 statistical classification of economic activities as laid down in Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains;
"undertaking" shall have the same meaning as assigned to it in the Act.