COVID-19 Summary of Government Financial Support Europe and Middle East - 14 May 2020 Version 5
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
COVID-19 Summary of Government Financial Support Europe and Middle East 14 May 2020 Version 5 squirepattonboggs.com
CONTENTS EUROPE 1 BELGIUM 1 CZECH REPUBLIC 6 EUROPEAN UNION (EU) 10 FRANCE 21 GERMANY 32 ITALY 40 POLAND 47 SLOVAKIA 53 SPAIN 58 UNITED KINGDOM 61 MIDDLE EAST 70 KINGDOM OF SAUDI ARADIA 70 QATAR 74 UNITED ARAB EMIRATES 77 squirepattonboggs.com i
COVID-19: Summary of Government Financial Support to Businesses as at 30 April 2020 Belgium Financing Facility Support What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for How to apply When will the finance available? applying? be available? Federal The federal state will provide a All "viable" non-financial companies All new loans with a maximum term of The scheme applies The measure is Guarantee guarantee of €50 billion for certain registered with the Belgian company one year (unless extended) entered into automatically. currently in force. Scheme loans issued by financial institutions in register. between 1 April 2020 and 30 September Belgium SMEs. 2020 (unless extended) will be covered More information by the federal guarantee. Any losses that are suffered will be Not-for-profit organizations. can be found here apportioned between the federal state Excluded from the benefit of the (in French), here and the financial sector: Self-employed. guarantee: (in Dutch) and Excluded "non-viable" companies ‒ First loss of 3% to be supported ‒ Re-financings here (in English). which were: by the financial sector ‒ Drawdowns under agreements ‒ Losses between 3% and 5% ‒ In breach of payment obligations entered into before 1 April 2020 shared equally between the under existing credit agreements ‒ Financings that cannot financial sector and the federal or in respect of social security or contractually be used for Belgian state tax obligations on 1 February activities of the borrower. 2020, or more than 30 days late ‒ For losses in excess of 5% the Agreements that specifically exclude the in respect of such obligations as federal state will bear 80% of the benefit of the guarantee. of 29 February 2020 loss. ‒ Subject to a credit restructuring procedure as of 31 January 2020 ‒ Given other information available, must be deemed a company in financial difficulty. Repayment For existing loan agreements (not All "viable" non-financial companies. The applicant will need to prove that it is Applications to be Available now. Moratorium leasing or factoring agreements), SMEs. established in Belgium, is experiencing lodged with the relevant Scheme companies, self-employed workers financial difficulties resulting from the credit institution. and individuals can request a Self-employed . COVID-19 virus, that it is up–to-date on More information moratorium until 31 October 2020 on Homeowners experiencing financial its loan payments, tax and social can be found here their loan repayment (principal difficulties in respect of their mortgage security payments, that it has complied (in Dutch) and payments only not interest payments payments. with all its contractual obligations vis-à- here (in French). which remain due) obligations (without vis its bank lenders over the 12 month any penalties becoming due). period prior to 31 January 2020 and it is not subject to any debt restructuring measures. The homeowner will need to demonstrate a loss of revenue in connection with COVID-19, that it is up- to-date on its mortgage payments (up to 1 February 2020) and its financial means are lower than €25,000. squirepattonboggs.com 1
COVID-19: Summary of Government Financial Support to Businesses as at 30 April 2020 Belgium What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for How to apply When will the finance available? applying? be available? Insolvency Moratorium introduced on insolvency All businesses affected by COVID-19 Applies to all execution measures, Available now. Moratorium proceedings and execution-related (companies, not-for-profits and self- except in relation to real estate or to proceedings. employed). conservatory seizures on ships and The moratorium entered into force on boats. 24 April 2020 until 17 May 2020. Provided that businesses were not in a Third parties cannot start bankruptcy state of cessation of payments on 18 proceedings and no judicial winding March 2020. up proceedings can be started against an affected business. The obligations for directors to file for bankruptcy are suspended during the moratorium. Parties cannot terminate agreements, except labour agreements, as a result of the breach of payment obligations. Can still challenge the applicability of the moratorium by petitioning the president of the business court, if there are reasons that would justify the moratorium being lifted in whole or part. Other Financial Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance available? eligible? for applying? be available? Federal Tax A payment plan, and exoneration from Companies and self- Companies or self-employed Application to be made to the Available now. Relief Scheme penalties and late payment interest, can be employed. who are affected by the Federal Tax Authority by 30 June negotiated with the federal tax authorities COVID-19 crisis (must provide 2020 at the latest. More information for: evidence). can be found here ‒ Wage withholding tax Fraud related tax debts are (in French) and ‒ VAT not eligible. here (in Dutch). ‒ Corporate Income Tax ‒ Income Tax. squirepattonboggs.com 2
COVID-19: Summary of Government Financial Support to Businesses as at 30 April 2020 Belgium What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance available? eligible? for applying? be available? Other Federal Extension for the declaration of Corporate Companies. Automatic. Automatic. Available now. Tax Measures Income Tax, Non-residents Tax and Not-for- Not-for-profit. profit income tax until 30 April 2020 (for More information those that were due on 16 March 2020. Self-employed. can be found here An extension of two months is granted for (in French) and the payment of Corporate Income Tax, Non- here (in Dutch). residents Tax and Not-for-profit income tax (for 2018 revenue in respect of taxes that have established after 12 March 2020). Extension for VAT declarations until 7 May 2020 for those that were due in March 2020 and for the first quarter of 2020). VAT client lists can be filed until 30 April 2020. VAT payments due in respect of the February and March declarations and for the first quarterly declaration of 2020 are postponed until 20 June 2020. The due date for the payment of wage withholding tax payments is extended until 13 May 2020 (for the February declaration) and 15 June 2020 (for the declarations of March 2020 and the first quarterly 2020 declarations). Social Security The payment of social security contributions Companies. Companies that have been Automatic for companies in certain Available now. Measures can be postponed until 15 December 2020. shut down due to COVID-19 specific sectors and those that were or who have decided to shut required to close (such as More information down. restaurants, bars, leisure can be found here businesses, cultural and sport (in French) and related businesses). here (in Dutch). Upon request for other companies that have decided to fully shut down (i.e. whose production and sales activities have stopped). Temporary Under the temporary unemployment regime, Companies. None. Application to be made to the Available now. Unemployment an employer can suspend wage payments Belgian National Employment Office for Force and workers will receive unemployment (ONEM). Majeure benefits corresponding to a percentage of their wages from the federal authorities. More information can be found here squirepattonboggs.com 3
COVID-19: Summary of Government Financial Support to Businesses as at 30 April 2020 Belgium What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance available? eligible? for applying? be available? (in French) and This applies to blue collar and white collar here (in Dutch). workers. The application procedures have been simplified given the COVID-19 crisis. Other measures The Flemish Region has announced, among Companies, self-employed Various depending on the Various formalities depending on Most measures are now in the Flemish other measures: and individuals in the Flemish measure. the relevant measure. available. Region Flanders ‒ Indemnity payments of €4,000 for region. More information companies that have had to close as a result of COVID-19; more information can be found here available here (in Dutch) (in Dutch). ‒ €160 payment per day if a self- employed worker or company has been required to stay closed since 6 April 2020; more information available here (in Dutch) ‒ €3,000 compensation payment for companies whose turnover has been affected by COVID-19; more information available here (in Dutch) ‒ Deferral of tax payments in respect of regional taxes; more information available here (in Dutch) ‒ Extension of an existing guarantee scheme to help COVID-19 affected companies. Other measures The Walloon Region has announced, Companies, self-employed Various depending on the Various formalities depending on Most measures are now in the Walloon among other measures: and individuals in the Walloon measure. the relevant measure. available. Region ‒ Indemnity payments for SMEs and self- region. More information employed that have had to shut down as a result of COVID-19 (up to €5,000); can be found here more information available here (in (in French). French) ‒ Deferral of tax payments in respect of regional taxes (e.g. Brussels city tax) ‒ Extension of an existing guarantee scheme to help COVID-19 affected companies ‒ New low interest rate/moratorium on loan repayments for certain hard-hit sectors. . squirepattonboggs.com 4
COVID-19: Summary of Government Financial Support to Businesses as at 30 April 2020 Belgium What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance available? eligible? for applying? be available? Other measures The Brussels Region has announced, Companies, self-employed Various depending on the Various formalities depending on Most measures are now in the Brussels among other measures: and individuals in the Brussels measure. the relevant measure. available. Region ‒ Indemnity payments for SMEs in region. More information certain sectors only that have had to close as a result of COVID-19 (up to can be found here €4,000) (in French) and here (in English). ‒ Deferral (or even waiver) of tax payments in respect regional taxes ‒ A guarantee scheme to help COVID-19 affected companies. Key Contacts Bart Vanderstraete Partner, Brussels T +322 627 1120 E bart.vanderstraete@squirepb.com Amaury de Borchgrave d'Altena Counsel, Brussels T +322 627 7647 E amaury.deborchgrave@squirepb.com squirepattonboggs.com 5
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 Czech Republic Financing Facility Support What help is What does the help entail? Which companies are eligible? What is the criteria (if any) How to apply When will the available? for applying? finance be available? Programme COVID I Loans provided by the Czech-Moravian Small and medium enterprises Businesses must prove that Applications may be The available funds Guarantee and Development Bank (SMEs). their operations were limited, submitted via electronic have already been Further information can (ČMZRB) without interest and without fees. SMEs are allowed to use these paused or otherwise affected form on the website of distributed and the be found here. by the extraordinary measures ČMZRB. scheme is no longer Loans are provided in amounts from CZK finances to purchase equipment or 500,000 to CZK 15 million with two years intangible assets, to purchase or of the government to fight the open to new maturity and possible deferral of repayment finance inventory and to finance spread of COVID-19. applicants. up to 12 months. business operations. Programme COVID II Commercial loans provided by one of the SMEs are allowed to use the funds Businesses must prove that Application is submitted The first round of commercial banks in the programme, with a to pay wages, utilities, outstanding their operations were limited, via electronic form applications has been Further information can guarantee provided by the ČMZRB. or future invoices relating to paused or otherwise affected available here. completed and the be found here. materials or supplier invoices, or to by the extraordinary measures scheme is now Loans may be provided up to CZK 15 million, with up to 80% of the principal finance its receivables or inventory. of the government to fight the paused. Another amount guaranteed by the ČMZRB. spread of coronavirus. round of distributions has not yet been Guarantee is provided for a maximum of announced. three years. Programme COVID Guarantee provided by ČMZRB up to 80% SMEs with place of business in Businesses must prove that Application is submitted The funds available in Praha of the loan principal. Prague. their operations were limited, via electronic form the programme have paused or otherwise affected available here. However, been depleted. Further information can The loan must be provided by one of The loan must be provided by one commercial banks, which is involved in the of the commercial banks, which is by the extraordinary measures applications are no longer be found here. of the government to fight the accepted. COVID Praha project. involved in the COVID Praha project. spread of COVID-19. The programme launched The maximum loan is CZK 15 million. as of 20 April 2020. Financial contribution for payment of the The loan may cover operational interest up to CZK 1 million. financing. Programme COVID III Guarantee provided by ČMZRB in the total For all businesses up to 500 Not available at the moment. Not available at the The legislation has amount of CZK150 billion. employees. moment. been adopted. Further Further information can information is not yet be found here. available. Programme Covid Guarantee up to CZK330 million (including Businesses with at least 250 The applicant must prove it Application may be The funds will be Plus existing products) per individual provided by employees. was not in pre-existing crisis submitted here. available upon the Export Guarantee and Insurance Businesses must not evidence signs before 12 March 2020. approval of the Further information can Corporation (EGAP). application. be found here. of bankruptcy before The funds may be used to commencement of the restrictive sustain liquidity and finance measures on 12 March 2020. operations. Businesses which have majority of their operations in transportation, hospitality and gaming are not eligible. squirepattonboggs.com 6
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 Czech Republic What help is What does the help entail? Which companies are eligible? What is the criteria (if any) How to apply When will the available? for applying? finance be available? Subsidies programme Subsidies for businesses to adopt new SMEs. The project has to focus on The programme opened The finances would "Technologie COVID" technologies (e.g. online retailing) to production of medical supplies for applications as of be available following continue the business despite restrictive or be related to the fight 14 April 2020. the application being Further information can measures. against COVID-19 in another approved. be found here. way. Individual projects may receive subsidy from CZK250,000 to CZK200 million. The funds can be used only to alter technology or prepare for production of medical supplies, or to implement software to produce medical supplies or adopt other measures related to fight against COVID-19. Subsidies Programme Subsidies for businesses offering new All businesses, including start-ups The project must be The programme is open The finances would "Czech Rise Up" solutions for fighting the spread of and scientific institutions. implemented in the Czech for applications. be available following coronavirus (such as new types of Republic and must offer quick the application being Further information can respirators or ventilators). solutions for the fight against approved. be found here and coronavirus. Czech Ministry of Industry and Trade offers here. to cover all necessary costs of introduction of these technologies to the market. The budget for this programme is expected to be around CZK 200 million, individual subsidy may amount to maximum of CZK 5 million. Programme "The A public competition for best technological SMEs. The programme has extensive The programme is open The finances would Country for the solutions to fight the COVID-19 pandemic. requirements applicable to the for applications until 15 be available following Future" Successful applicant will receive funds for application for grant. The May 2020. the application being costs of invention and introduction of the requirements are available The assessment period approved. Further information can here. technology into the practice. will last until 31 August be found here. 2020. Direct payments to Direct payment of CZK 500 for each day of Only self-employed individuals who The individual must prove that Applications should be The finances would self-employed the bonus period to self-employed were registered as self-employed their financial situation sent to the Tax Office. be available following individuals individuals. before 12 March 2020 and do not worsened due to COVID-19 the application being Bonus period is from 12 March 2020 to receive unemployment benefits. measures. The Ministry of approved. The Further information can Finance indicated that an programme is open. 30 April 2020. The period has been be found here. affidavit would be sufficient. prolonged recently until 8 June 2020; however, the prolongation is subject to amendment of the existing legislation. squirepattonboggs.com 7
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 Czech Republic What help is What does the help entail? Which companies are eligible? What is the criteria (if any) How to apply When will the available? for applying? finance be available? Direct payments to Direct payment of CZK 500 for each day of The support is limited to companies The individual must prove that Applications should be The finances would shareholders of the bonus period from 12 March 2020 to 8 with a maximum of two their financial situation sent to the Tax Office. be available following limited liability June 2020 to shareholders of limited liability shareholders. worsened due to COVID-19 the application being companies companies (společník ve společnosti s The shareholders must not be measures. The Ministry of approved. ručením omezeným). employees of their company and Finance indicated that an Further information affidavit would be sufficient. The payment is subject to amendment of must declare they do not receive can be found here. the legislation, which is currently being any other form of financial support discussed in the Parliament. from COVID19-related programmes. Other Financial Support What help is available? What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance eligible? applying? be available? Suspension of loan Repayment of loans can be suspended for All debtors, including Repayment of loans concluded A request must be sent to the The legislation is in repayments three to six months upon request of the consumer loans or and drawn before 26 March creditor and must include effect. Further information can be debtor. mortgages. 2020 can be suspended. number of months (up to six found here. months maximum) for which the debtor wishes to suspend the repayment. Ministry of Finance Suspension of penalties for late All tax payers. No application needed. measures submission of tax returns (up until 30 June Further information can be 2020). found here. Suspension of penalties for late submission of control statement. Suspension of payment of the tax advance due in June. Suspension of penalties for late submission of tax return on real estate taxes (up to 31 August 2020). Suspension of obligations of businesses to electronically register taxes during the state of emergency state and for a period of three months afterwards (this measure is subject to amendment of the act on electronic registration of taxes). Loss carry back - right of businesses to apply tax loss retroactively for 2018, 2019 and 2020 (this measure is subject to amendment of the tax code). squirepattonboggs.com 8
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 Czech Republic What help is available? What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance eligible? applying? be available? Suspension of social Self-employed individuals are exempted Self-employed individuals No application is required. The legislation is in security contributions from the obligation to pay monthly social effect. Further information can be security contributions from March to found here. August 2020. Suspension of duty to file Entities are allowed not to file for All companies. The indebtedness must have N/A The legislation is in for insolvency insolvency in case of indebtedness been caused by COVID-19 effect. Further information can be caused by the COVID-19 measures. measures and the entity's found here. Creditor filings for insolvency will be finances must have been sound disregarded. before 12 March 2020. The obligation to file for insolvency is suspended until six months after the COVID-19 measures are terminated. If a creditor files for insolvency of its debtor, such filings will be disregarded if submitted between 12 March 2020 and 31 August 2020. Key Contacts Radek Janeček Veronika Vaněčková Partner, Prague Associate, Prague T +420 221 662 275 T +420 221 662 265 E radek.janecek@squirepb.com E veronika.vaneckova@squirepb.com squirepattonboggs.com 9
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) Financing Facility Support What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? Coronavirus Initiative proposed by the European The measures are The eligibility criteria The European Commission Funds available from European Response Commission to provide a coordinated addressed to member are set out through the has set up a task force to 1 February 2020. Commission Investment approach for member states to manage the states. The respective principle pieces of coordinate the allocation of The co-legislators communication on Initiative (CRII) public health emergency. federal or regional legislation (and their funds between member (Council of the EU the broader A total of €102 billion is envisaged: authorities allocate the proposed amendment states. This will determine and European coordinated funds. by Regulation on CRII): the funding each region will Parliament) have response for the − €37 billion European Structural be receiving to allocate to COVID-19 outbreak. Investment Fund (ESIF) Particular focus should - Regulation (EU) approved the be given to: 1301/2013 on the businesses in need. proposal. European − €65 billion divided into: (i) €7.9 billion European Regional Commission press from the EU budget, (ii) €29 billion of - Provide support to the healthcare sector Development Fund release on the CRII structural funding across the EU and (iii) measures. €28 billion of as of yet unallocated - Provide liquidity to - Regulation (EU) structural funds. corporates (e.g. 1303/2013, for the European SMEs) various EU Commission Q&A on On 2 April 2020, the European Commission Structural Funds the CRII+. launched the CRII+, which are a new set of − Support short time measures to mobilise support against the national working - Regulation 508/2014 Regulation (EU) schemes. on European 2020/460 on the COVID-19 outbreak. These are flexible Maritime and Coronavirus measures that would allow for: Fisheries Fund. Response - Transfer possibilities across the three cohesion policy funds (the European The specific criteria on Investment Initiative the allocation of funds published in the Regional Development Fund, European Official Journal of Social Fund and Cohesion Fund) to regions are determined in the EU on 31 March - Transfers between the different partnership 2020 and entered categories of regions agreements and into force on 1 April - Flexibility related to the thematic programs negotiated 2020; it is directly concentration of funds between the European applicable to Commission and the member states. − Simplification of procedural steps linked to programme implementation, use of respective member financial instruments and audit. states. The federal or regional authorities direct the funds to their regions according to the needs and based on the criteria determined by each individual partnership agreement. squirepattonboggs.com 10
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? Financial Aid Financial assistance under the European Available to countries A country is eligible if Application criteria for Funds available from European under the Union Solidarity Fund (major public health negotiating their major natural disasters countries to apply for the 1 February 2020, Commission press European emergency) to assist countries negotiating accession to the EU to are striking its regions. European Union Solidarity (funds can be release. Union their accession to the EU. assist with public In particular the Fund can be found on the applied Regulation (EU) Immediate financial assistance up to €38 health systems and Regulation (EU) website. retroactively). 2020/461 on the Solidarity Fund socio-economic million announced for the Western Balkans' 2020/461 extends the Applications need to be The European Financial Aid for public health systems to tackle the health recovery. legislation to "major submitted to the European Commission would countries negotiating emergency caused by COVID-19 and Respective countries to public health Commission within 12 accept applications accession to the EU reallocation of €374 million to help the decide on allocation of emergency".2 weeks of the date of the first under the European published in the socio-economic recovery1 of the region. funds. Respective country's official action against the Solidarity Fund until Official Journal of The public health need is divided between: authority to decide how emergency. 24 June 2020. the EU on 31 March to allocate funds. Co-legislators 2020 and entered - Albania and North Macedonia − up to €4 into force on 1 April million each (Council of the EU and European 2020; it is directly - Bosnia and Herzegovina − €7 million Parliament approved applicable to - Montenegro − up to €3 million the legislation. member states. - Kosovo − up to €5 million - Serbia − up to €15 million. Liquidity €1 billion available in an EU budget Support intended for The COVID-19 support By completing a set of For the InnovFin European Measures for guarantee to the European Investment Fund small and medium criteria for the InnovFin documents available here SME Guarantee Commission SMEs (EIF) via the European Fund for Strategic enterprises defined SME Guarantee for the InnovFin SME Facility funds communication on Investments (EFSI). under EU Facility are available Guarantee Facility, and available from 6 April the broader The EIF will provide liquidity and guarantees recommendation here. another set of documents 2020 until 31 March coordinated to banks, mobilising €8 billion in working 2003//361 (further The COVID-19 support here for the COSME Loan 2021. response for the capital financing. information available criteria for the COSME Guarantee Facility. For the COSME COVID-19 outbreak. here) via financial Loan Guarantee Loan Guarantee European In addition, the European Investment Bank intermediaries. (EIB) proposed to mobilise another €40 Facility are available Facility funds are Investment Bank billion of financing divided into: The funding is eligible here. available from 6 April press release. under the InnovFin 2020 until 31 - €20 billion of financing Dedicated SME Guarantee December 2020. guarantee schemes to banks based on Facility (research- existing programmes for immediate Interested parties based and innovative should apply on the deployment. SMEs and small mid- COVID-19 specific - €10 billion of financing dedicated liquidity caps in EU member funds until 30 June lines to banks to ensure additional states and Horizon 2020. working capital support for SMEs and 2020 Associated mid-caps. Countries3) and the 1 €46.7 million to Albania, €73.5 million to Bosnia and Herzegovina, €50 million for Montenegro, €62 million to North Macedonia, €78.4 million to Serbia and €63 million to Kosovo. 2 Defined as "any life-threatening or otherwise serious hazard to health of biological origin in an eligible State seriously affecting human health and requiring decisive action to contain further spreading resulting in a public financial burden inflicted on the eligible State for emergency response measures estimated at over EUR 1 500 000 000 in 2011 prices, or more than 0.3% of its GNI." 3 https://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/3cpart/h2020-hi-list-ac_en.pdf squirepattonboggs.com 11
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? - €10 billion support dedicated asset- COSME Loan backed securities (ABS) purchasing Guarantee Facility programmes to allow banks to transfer (SMEs in EU member risk on portfolios of SME loans. states and COSME Associated countries4), both subject to the EIF. Financial, credit institutions or loan (debt) funds are the main targets under the InnovFin SME Guarantee Facility. Guarantee schemes, guarantee institutions or other credit financial institutions are the financial intermediaries within the COSME Loan Guarantee Facility. Temporary State aid (i.e. government support that gives All companies The relaxation of state Application for state aid Available from 1 Communication for a Framework for a company a competitive advantage over requesting state aid aid rules is available ordinarily follows the February 2020 until Temporary State Aid other companies) is prohibited, unless there from their for: broader state aid the end of December Framework for State are justified reasons of general economic governments. - Direct grants, procedures under Article 2020. Aid measures. development. Amongst others: selective tax 107 of the Treaty of .For the European The European Commission adopted a State advantages and Functioning of the EU. recapitalisation Commission press - Three French Aid Temporary Framework which provides support schemes advance payments There is, however, a much measures introduced release. flexibility to the existing state aid rules. A – Member states can faster procedure of approval in the amended related to Communication for template for the notification of measures commercial loans set up schemes to under these flexible rules: Temporary an amendment of that will compensate companies that have and credit lines grant up to €800,000 - Member state submits a Framework; the the Temporary suffered damages. (here) to a company in state aid scheme based measure is available Framework for State order to address until end June 2021. On 8 May, the European Commission - Danish guarantee on the template of Aid measures. urgent liquidity notification of measures adopted an amendment to the Temporary scheme for SMEs European needs Framework, which extends the scope of (here) - European Commission Commission press state aid schemes flexibility to - State guarantees - German loan will respond within days release on amended recapitalisation aid to non-financial for loans taken by (thus far it has been 48 programs within Temporary companies and subordinated debt aid to companies from hours upon receipt) promotional bank Framework. companies. Certain conditions have been banks - Member introduced, namely: (here) states can provide 4 https://ec.europa.eu/research/participants/data/ref/other_eu_prog/cosme/legal/3rd-country-participation_en.pdf squirepattonboggs.com 12
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? - The necessity, appropriateness and size - Italian support guarantees to of the intervention scheme for supply of ensure banks keep - The state's entry in the capital of medical devices and providing loans to companies and remuneration PPE (here) customers who need - UK Coronavirus them - The exit of the state from the capital of the companies concerned Business Interruption - Subsidized public Loan Scheme loans to companies - Governance conditions: beneficiaries are (CBILS) to support - Member states can banned from dividends and share SMEs (here)5. grant loans with buybacks favourable interest - Prohibition of cross-subsidisation and rates to companies acquisition ban. to cover immediate working capital and investment needs - Safeguards for banks that channel state aid to the real economy - Some member states plan to build on banks' existing lending capacities, and use them as a channel for support to businesses, particularly SMEs; the communication clarifies that such aid is considered as direct aid to the banks' customers, not to the banks themselves, and gives guidance on how to ensure minimal distortion of competition between banks 5 Considering that the UK is currently under the transition period after its withdrawal from the EU, EU law remains applicable to the UK until 31 December 2020. Thus, state aid rules and notification procedures still apply. squirepattonboggs.com 13
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? - Short-term export credit insurance − Designation of countries as "not- marketable risks"6, enabling short-term export credit insurance to be provided by the state. - Recapitalisation and subordinated debt measures – based on conditions laid out on the first column. Coronavirus The European Commission announced on Addressed to No specific criteria. N/A Co-legislators would European Banking 28 April COVID-19 banking package aiming European banks and Flexibility measures need to approve the Commission Press Package to provide flexibility in bank lending to credit institutions are applicable through amended legislative Release businesses and households throughout the the crisis. proposals to become EU. effective. Applicability date to The package consists of a proposal for a be determined when regulation, which provides adjustments to proposed regulation maximise the capacity of credit institutions is approved. to lend and to absorb losses linked to the COVID-19 and an interpretative Communication explaining the proposed to the EU's accounting and prudential frameworks. RescEU Increase in the total budget of rescEU7 Reorganisation of EU The Commission will The stockpile will be hosted Available from 20 European stockpile stockpile of medical equipment (ventilators, spending for the year in finance 90% of the by one or several member March 2020. Commission press protective masks and essential medical line with the latest stockpile. states. The hosting state will release gear) to €80 million. priorities to secure be responsible for procuring funding for these the equipment. operations. 6 As marketable risks can be temporarily unavailable due to the current crisis, member states may use the exemption for non-marketable risks of paragraph 18 (d) of the Communication from the Commission on short- term export-credit insurance: "if the Commission, after having received a notification from a Member State, decides that due to a shortage of export-credit insurance, certain risks are temporarily non-marketable for exporters in the notifying Member State." A marketable risk as defined under the communication is "commercial and political risks with a maximum risk period of less than two years, on public and non-public buyers of all Member States, Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, United States of America." 7 EU Civil Protection Mechanism. squirepattonboggs.com 14
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? The proposal includes further COVID-19 The Emergency Member states that host related financial support: Response Coordination rescEU stockpiles can apply − €350 million of migration management Centre will manage the for a direct grant from the assistance to Greece distribution of the European Commission. 90% equipment to ensure it of the grant covers costs of − €3.6 million for the European Centre for goes where it is the stockpile and the Disease Prevention and Control needed most based on remaining 10% will be − €100 million to help Albania recover from a fast-track public covered by the respective the devastating earthquake on 26 procurement process. member state. November 2019 − €3.3 million additional funding for the European Public Prosecutors' Office (EPPO) to boost its 2020 budget. Emergency The European Commission decided to Addressed to member European Commission Member states to request From 1 February Amended Budget Support directly support the healthcare systems of states' healthcare to manage the funding funding from the European 2020 applicable until here. Instrument for EU member states. The Commission will systems. process and set out the Commission. Further 31 January 2022. Council Regulation the healthcare thus mobilise: criteria for funding application criteria to be (retroactive (EU) 2020/521 to - €3 billion from the EU budget, of which based on partnership determined by partnership application). activate emergency sector agreements with agreements between a €2.7 billion will be channelled through Council of the EU support published in the Emergency Support Instrument respective member member state and the approved the the Official Journal states, as laid out in European Commission. proposal for a of the EU. - €300 million though the rescEU medical the humanitarian aid equipment capacity. Regulation. European framework (Council These funds are available under the EU's Regulation (EC) Commission press General Budget. 1257/96). release. Additional contributions will be possible from Indicative (but non- member states and also individuals, exhaustive) actions in foundations and even crowd funding. scope can be found on ANNEX 1 of the Proposal for a Council Regulation to activate emergency support. Support to Temporary measure introduced in response Addressed to member This fund will be based Member state submits a Funds available from European mitigate to the COVID-19 crisis by the European states to focus on on a system of request to the European 1 February 2020 Commission Press Unemployment Commission. The temporary fund would short-term work voluntary guarantees Commission together with (retroactive Release. Risks in an provide: schemes for from member states. appropriate evidence of the application). Proposal for a - Up to €100 billion will provide loans employees or similar Thus, a minimum need to access funds. The Finance Regulation on the Emergency measures for the self- amount of committed (SURE) granted on favourable terms from the EU The member state can, Ministers approved establishment of a to member states employed. guarantees will be upon receipt of the funds, this proposal on 9 European instrument needed (25%). allocate them accordingly. April, within a for temporary - Up to €25 billion of guarantees voluntarily committed by member states broader financial support to mitigate emergency fund. unemployment risks squirepattonboggs.com 15
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? to the EU budget to leverage the financial Funds to be given to The proposal for a in an emergency power of SURE. member states to regulation was also (SURE). complement national approved on 23 April measures to mitigate by the EU27 heads the direct economic of state. and negative social effects due to the COVID-19 crisis. Team Europe • As part of the EU's global response to the • The following territories • The EU would provide N/A Financial support European Package COVID-19 outbreak in coordination with the can access the humanitarian and funds are available Commission Press United Nations, the G7 and the G20, it financial support funds, financial support in line The MFA proposal Release on the released financial support to address which will be attributed with the approach for neighbouring Team Europe immediate health crisis and measures to as follows: agreed at the G20 and countries would proposals. mitigate the socioeconomic impact of EU's ‒ €3.25 billion to Africa promoted by the UN. need to be adopted European partner countries (e.g. countries in Western ‒ €1.19 billion to by the co-legislators. Commission Press Balkans, Africa, Middle East, Latin America, Northern African Release on the MFA etc.). The funds of the neighbourhood proposals. MFA will be • The Joint Communication introduces countries available for 12 various actions to that effect. Underpinning ‒ €1.42 billion in months. these actions is a financial support of more guarantees for Africa than €15.6 billion from existing external and the action resources. neighbourhood • The European Investment Bank already countries contributed €5.2 billion as part of this ‒ €2.1 billion for the project. Southern Neighbourhood8 • An additional €3 billion in emergency funds ‒ €962 million for has been announced to provide macro- the Eastern Partner financial assistance (MFA) to 10 countries9 enlargement and neighbourhood partners to ‒ €800 million for help them support citizens and businesses the Western from the economic fallout of the COVID-19 Balkans10 and pandemic. The MFA will be available in the Turkey form of loans of highly favourable terms. ‒ €1.22 billion to support Asia and the Pacific 8 This includes Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria and Tunisia. 9 This includes Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. 10 This includes Bosnia and Herzegovina, Montenegro, Albania, Serbia, Kosovo and North Macedonia. squirepattonboggs.com 16
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? ‒ €291 million to the Caribbean and Pacific region ‒ €918 million to Latin America and the Caribbean ‒ €111 million to overseas countries and territories. The MFA will be attributed as follows: ‒ €180 million to Albania ‒ €250 million to Bosnia and Herzegovina ‒ €150 million to Georgia ‒ €200 million to Jordan ‒ €100 million to Kosovo ‒ €100 million to Moldova ‒ €60 million to Montenegro ‒ €160 million to North Macedonia ‒ €600 million to Tunisia ‒ €1.2 billion to Ukraine Coronavirus • The European Commission led a • Recipients of funds can • Organisations within or • Through reaching out to the • Funding available. • European Global Coronavirus Global Response pledging include public sector supporting the three co-convenor of one of the Commission Press Response event on 4 May 2020, where it gathered (to attribute to research partnerships: (i) three partnerships. Release €7.4 billion from donors worldwide. funding), industry, vaccines, (ii) • Some of the funds will be • Further information researchers and any therapeutics or (iii) attributed to funding can be found on the • The Coronavirus Global Response Initiative other organisation diagnostics. is comprised of three partnerships towards programs (e.g. EU's Horizon European involved in the Europe) where specific Commission establishing universal diagnostics, partnerships for treatments and vaccines against COVID-19. grants will be applicable. factsheet. research and • Each partnership will include relevant developments as well actors, such as public sector, industry, as deployment of the research, funders, regulators or three key priorities: (i) squirepattonboggs.com 17
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? international organisations, which jointly will vaccines, (ii) develop actions to cope with COVID-19. therapeutics and (iii) • The pledging resources, which will be diagnostics. managed by the European Commission, can have the form of cash contributions, indirect grants or guarantees for investments (loan or equity). Eurogroup • Finance ministers of the Eurogroup (i.e. the • Addressed to member • On the SURE package, • On the SURE package, see • On the SURE • More information on Financial 19 Eurozone countries), together with the states and businesses. see description above. description above. package, see the broader support Emergency non-euro countries, agreed on 9 April 2020 • On the SURE package, • On the businesses • On the businesses loans description above. package is available a financial emergency fund of €540 billion see description above. loans from the EIB, the from the EIB, the application • On the businesses, here. Fund (US$591 billion). eligibility criteria will be process will be determined the loans by the EIB, • More information on • Regarding businesses, • The support package focuses on three the European determined by the by the EIB's PPF. these will be the business lending areas: Investment Bank (EIB) EIB's PPF. • Concerning the ESM available, once fund, is available ‒ National un-employment schemes (SURE established a €25 • Regarding the member Pandemic Crisis Support member states have here. package described above) worth of €100 billion guarantee fund, state support, when a Mechanism, a country would made the necessary • More information on billion which aims to deliver country requests to request access the funds. commitment to the ESM role for the ‒ For businesses, the European Investment the €200 billion for the access the ESM account for at least Pandemic Crisis Bank will provide €200 billion business European economy. Pandemic Crisis 60% of the EIB's Support Mechanism lending to support businesses across Support Mechanism, it capital. A€25 billion can be found here. • The guarantee fund will guarantee fund is Europe be part of the EIB's has to be unanimously ‒ Lastly, for member states, a Pandemic approved by the ESM already announced structure of Partnership in this context. Crisis Support Mechanism under the Platform for Funds Board of Governors (19 European Stability Mechanism (ESM)11 (PPF). euro finance ministers). • Regarding the ESM will be established, which would amount Pandemic Crisis to about 2% of member states' GDP, • In connection to the Support Mechanism, aiming to assist European economies to Pandemic Crisis the funds will be access financial assistance of close to Support Mechanism, available once €240 billion with standardized terms. EU27 heads of state approved by the are expected to EU27 heads of state. approve the package on 23 April 2020. • The EU27 heads of state approved the financial package on 23 April 2020. It shall become effective on 1 June 2020. • Further financial support measures for the EU economy, under the "Recovery 11 The ESM is an intergovernmental organization providing financial assistance to Eurozone countries when experiencing financing problems. squirepattonboggs.com 18
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the Relevant links available? are eligible? any) for applying? finance be available? Fund", are still under negotiation. The European Commission is tasked with analysing the related economic needs, determining the size of such a Recovery Fund and coming up as swiftly as possible with a proposal on how to establish it. This proposal should clarify the link between the EU's seven-year budget and the Recovery Fund. Pandemic €750 billion stimulus package announced Available to the The PEPP enables the No application required by Purchases will be The information on Emergency by the European Central Bank (ECB) to buy Eurosystem's Central Eurosystem central companies - purchases will conducted until the the ECB's response Purchase government and corporate bonds to assist Banks. banks to purchase12: be carried out flexibly to end of 2020. is available here. Programme sovereign debt markets. This will include all the − Eligible marketable achieve monetary policy The European asset categories debt securities objectives. Central Bank's (PEPP) eligible under the − Eligible corporate Decision is available existing asset purchase bonds and other here. programme (APP) marketable debt currently supporting instruments Central Banks. − Eligible covered bonds − Eligible asset- backed securities. 12 The eligibility of the marketable assets listed are financial instruments that are admitted to trading on a market and that fulfil the eligibility criteria laid down in Part Four of the ECB's Guidelines (ECB/2014/60) on the implementation of the Eurosystem monetary policy framework. squirepattonboggs.com 19
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 European Union (EU) Key Contacts Wolfgang A. Maschek Partner, Brussels T +322 627 11 04 E wolfgang.maschek@squirepb.com Christina Economides Public Policy Advisor, Brussels T +322 627 11 05 E christina.economides@squirepb.com squirepattonboggs.com 20
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 France Financing Facility Support What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Exceptional The state has provided a It is available to all legal entities and The loan must: The guarantees will be issued The process can state guarantee guarantee of up to €300 billion physical persons having an • Provide a minimum grace period of 12 months and managed by Bpifrance start now. of €300 billion (in principle, interest and economic activity and registered and an option for the borrower at the end of this Financement SA on behalf of for loans to ancillary costs) for all new with the SIRENE. It is not available, period to amortise it for an additional period of up the government. loans granted by credit however, to: to five years In most cases, the guarantee is businesses establishments and financing ‒ Businesses subject to insolvency • Be unsecured (with some exceptions for granted automatically, once More entities between 16 March proceedings as at 31 December notified to Bpifrance. 2020 and 31 December 2020. companies with a large number of employees or information 2019 (unless a recovery or turnover) For large companies, a case-by- can be found The guarantee can cover safeguard plan is in place prior to here. several loans, in which case it the granting of the loan) • Eligibility is subject to the aggregate loans granted case review will be performed to the borrower not having fallen below their level by the Minister of Economy. will enter into force in ‒ Credit establishments chronological order. as of 16 March 2020 ‒ Financing entities • There is a fee for the guarantee, which varies ‒ Real estate civil companies (with according to the length of the loan and the size of a number of exceptions, in the business: particular with respect to OPCIs) For businesses employing more than 250 persons There is a limit to the amount of the or with a turnover of more than €50 million and a loans that can be granted, balance sheet greater than €43 million: depending on the date of the ‒ 0.50% for the first year creation of the borrower (before or after 1 January 2019). ‒ 1% for the two following years For loans granted to companies with ‒ 2% for the next three following years more than 4,999 employees or with For other businesses: a turnover exceeding €1.5 billion ‒ 0.25% for the first year (both criteria as at 16 March 2020), the decision will be taken on a case- ‒ 0.50% for the two following years by-case basis. ‒ 1% for the next three following years The loan can be in the form of a prêt A period of two months must lapse before a call participatif. under the guarantee. The guarantee will only cover part of the loan: ‒ 90% for businesses that employ less than 5,000 persons and have a turnover of less than €1.5 billion ‒ 80% for businesses with a turnover greater than €1.5 billion but less than €5 billion ‒ 70% for others. squirepattonboggs.com 21
COVID-19: Summary of Government Financial Support to Businesses as at 14 May 2020 France What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Public Government support of credit Small-size entities and medium-size • Only applies until 31 December 2020. reinsurance of insurance to protect inter- entities insurance company credit. cover The Caisse centrale de réassurance will implement a reinsurance mechanism up to an amount of €10 billion. Public To enable French exporting Exports to EU countries and high- Maximum amount of scheme is €5 billion. reinsurance companies to continue to use income OECD countries are now mechanism for credit insurance to secure eligible. short-term international operations, the public reinsurance mechanism outstanding Cap Francexport will be export credit extended. insurance Aid to very Payment by a solidarity fund – VSEs, freelancers, micro-traders Operated since before 1 February 2020. From 1 April, all relevant • The process for small First level aid: Compensation and liberal professions. Have not initiated insolvency proceedings before 1 companies will be able to make the financial aid enterprises of the loss of revenue up to a simple filing on the tax site to application can March 2020. (VSEs) and €1,500 for March and April receive aid of up to €1,500. This start now. 2020 Make less than €1 million in turnover. amount will be tax exempt. independent • Payment date not Additional aid between €2,000 Have a taxable annual profit of less than €60,000. From 15 April, companies specified. workers funds and £5,000 for the most Have less than 10 employees. experiencing the highest level of More difficult situations, and difficulties will be able to obtain, information Not be part of a group of companies that would additional support may be on a case-by-case basis, globally exceed the above thresholds. can be found granted to avoid bankruptcy additional aid of €2,000. here, here and on a case-by-case basis For the first level of aid: For water, gas and electricity here Have been shut down by an administrative order. bills, companies can send an Have experienced a loss of turnover in March amicable deferral request 2020 compared to 2019: (i) for companies created without delay by email or before 1 March 2019 the comparison is made with telephone to their supplier. March 2019; (ii) for companies created after 1 March 2019, the comparison is with the average monthly turnover over the period between the date of the creation of the company and 1 March 2020; and (iii) for entrepreneurs who have benefitted from sick or maternity leave in March 2019 the comparison is made with the average turnover between 1 April 2019 and 29 February 2020. Have experienced a loss of turnover in April 2020: (i) for companies existing before 1 March 2019 the comparison is made, at the choice of the squirepattonboggs.com 22
You can also read