SMEs, which:
- are micro, small and medium-sized enterprises (SMEs) (as defined in Annex I of the GBER and that have been included in a support scheme under the new Development Law 4887/2022.
- are established and operate legally in Greece up to the time of submission of their financing request to the Financial Institution.
- are solvent and any existing outstanding debts are not more than ninety (90) days past due as at the date of the application.
- are not in financial distress (as defined in Article 2(18) of the GBER, as amended.)
- are not subject to the exclusion criteria of Article 40 of Law 4488/17 (A 137/139/17), as amended.
- are not subject to collective process or insolvency proceedings {(insolvency proceedings are proceedings under Law 4738/2020, as applicable, excluding the Extrajudicial Debt Settlement Mechanism (Part 2, Capital A, under Law 4738/2020), or equivalent proceedings under foreign laws)}, and do not meet the criteria under domestic law for being placed in collective insolvency proceedings at the request of creditors.
- have not received rescue or restructuring aid, or the interested companies have received rescue aid but have repaid the loan and terminated the guarantee agreement or the interested companies have received restructuring aid which has been completed.
- have not applied for funding under the terms of the Fund before the commencement of works on the investment project (Article 2 (23) of Regulation (EU) 651/2014) so as to meet the incentive nature of the aid provided for in Article 6 of GBER.
- have no aid/funding claw-back order pending under a previous decision of the EU Committee or the European Court, by which the said funding has been declared illegal and incompatible.
- If the interested companies have been included in any HDB (former ETEAN, TEMPE) financing programs that have been completed or are still in effect, they should not have demonstrated adverse transaction behaviour as regards repayment of their dues (loan termination or debts that are 90+ dpd), or if they have shown adverse transaction behaviour (loan termination or debts that are 90+ dpd), they should have repaid their debts in full before submission of the financing request or, in the case of a guarantee program, the amount of the guarantee has not been paid by the HDB on the execution date of the Final Recipient Loan Agreement or, if the said debt has been verified with the competent Tax Office, such debt should have been included in a rescheduling program which continues to be in force on the date the financing request is submitted.
do not belong in the category of Non-Eligible Firms, as described hereinbelow:
1. No amounts of aid may be granted from the Guarantee Fund which is excluded from the scope of the GBER in line with Article 1, i.e. in the cases listed below (subject to Article 1 of the GBER, as in force at the time that the aid is granted):
i Aid for activities related to exports to third countries or Member States, and specifically aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current costs linked to the export activity
ii Aid contingent upon the use of domestic over imported goods.
iii Aid granted to the fishery and aquaculture sector, with specific exceptions, as defined in article 1 subparagraph 3.a of the GBER.
iv Aid granted to the primary agricultural production sector, with specific exceptions, as defined in article 1 subparagraph 3.a of the GBER.
v Aid granted to the sector of processing and marketing of agricultural products, in the following cases:
i. where the amount of the aid is defined on the basis of the price or quantity of such products purchased from primary producers or put on the market by the relevant businesses
ii. where the aid is conditional on being partly or entirely passed on to primary producers
vi Aid to facilitate the closure of uncompetitive coal mines, as covered by Council Decision 2010/787/EU (2)
vii The categories of regional aid referred to in Article 13 of the GBER.
2. If a company is involved in both the excluded sectors and in sectors which fall within the scope of the GBER, then the GBER applies to aid granted to the sectors or activities in the second case, provided that the separation of activities or distinction of costs is secured by appropriate means and that the activities carried out in the excluded sectors do not benefit from aid granted in accordance with the provisions of the GBER in the eligible sectors.
3. Businesses with a pending recovery order are also excluded, further to a previous decision of the Commission, pursuant to which such aid has been declared illegal and incompatible with the internal market with specific exceptions which are defined in article 1 paragraph 4.a of the GBER.
4. In addition, businesses involved in the following activities are not eligible:
4.1. activities targeting the production or trade of weapons and ammunition, explosives, equipment or infrastructures specifically designed for military use and equipment or infrastructure which result in limiting people’s individual rights and freedom (including prisons, detention centres of any kind) or in violation of human rights.
4.2. activities which cause environmental impacts that for the most part cannot be mitigated and/or counterbalanced (including, inter alia, projects in protected areas, critical habitats and heritage sites),
4.3. activities considered ethically or morally controversial, for example esearch on human cloning and animal testing,
4.4. healthcare technology activities related to human cloning for research or therapeutic purposes; and Genetically Modified Organisms (GMO) / Foods.
4.5. activities considered illegal and prohibited by national legislation.
4.6. healthcare technology activities related to human cloning for research or therapeutic purposes; and Genetically Modified Organisms (GMO) / Foods.
4.7. IT activities related to online gambling, casinos, illegal activities (pornography, illegal access to electronic data networks, illegal obtaining electronic data)
4.8. decommissioning or construction of nuclear power plants
4.9. activities targeting the production or facilitating the use of gambling and related equipment
4.10.activities targeting tobacco production, manufacturing, processing or specialized tobacco distribution, and activities facilitating the use of tobacco (i.e. smoking lounges).
5. Also, no amounts of aid may be granted from the Fund which is excluded from the scope of the GBER in line with Article 13, i.e. in the cases listed below (subject to Article 13 of the GBER, as in force at the time that the aid is granted):
5.1. Aid to facilitate activities in the steel, coal, shipbuilding or synthetic fibres sectors.
5.2. Aid to facilitate the transport sector and relevant infrastructures, nor aid for projects for energy production, distribution and infrastructure, except regional investment aid in outermost regions and regional operating aid schemes
5.3. Regional aid targeting a limited number of specific sectors of economic activity; schemes related to tourism activities, broadband infrastructure or the processing and marketing of agricultural products are not considered to target specific sectors of economic activity
5.4. Regional operating aid granted to businesses whose principal activities may be subject to sector K “Financial and insurance activities” (NACE rev. 2), or to businesses exercising intragroup activities and whose main activities may be subject to classes 70.10 “Head office activities” or 70.22 “Business and other management consultancy activities” (NACE rev. 2).
6. In addition, the following businesses are excluded:
6.1. Legal Entities under Public Law, or first or second degree Local Government Organizations, and Municipal or Public Organizations.
6.2. Legal Entities under Public Law, Unions of Persons or Non-profit companies (unions, associations, groups, NGOs, etc.).
6.3. Companies listed on the Stock Exchange.
6.4. Off-shore companies (and their branches in Greece) or holding companies.
6.5. Entities of the financial sector.
