BUSINESS OPPORTUNITIES IN ITALY

Transcription

BUSINESS OPPORTUNITIES IN ITALY
HANDBOOK FOR THAI SME’S ENTREPRENEURS
BUSINESS ITALIA
More than just art, culture, style, gastronomy, climate and nature: following
recent reforms Italy offers new opportunities for business investments,
production and profits.
Italy is already well known for its important lively economy, ranked seventh in
the world according to production value.
It is a member state of the European Union and part of the Euro zone. Within
this framework, three fundamental components of economic legislation have
been revolutionized: the tax system, company law and labour legislation.
These changes seek to establish regulations in line with those of other
advanced economies, in order to make the Italian System more attractive to
economic operators and more competitive internationally.
Business in Italy - Guide
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INDEX
ITALY: OUTLOOK
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
Country Profile
Political system and administrative divisions
Legal System
Reforms
Local Taxation
The Regional Council for Local Authorities
Participation of local government representatives in parliament
Regional Focus
Italian Districts
EXPORT AND TRADE
I. Trade Regulations and Standards
I.I Import Tariffs
I.II Imported requirements and documentation
I.III Prohibited and restricted imports
I.IV Customs regulations and contact information
I.V Labeling and marking requirements
I.VI Standard Trade agreement
II. Business Opportunity in Italy
III. Italian Trade Fair
INVEST IN ITALY
I. New business environment
II. Business Solutions
III. Representative Office and Branch
III.I Branch Office
IV. Types of companies
IV.I Joint Stock Options (Societa’ per Azioni –S.p.A.)
IV.II Limited Liability Company (Societa’ a Resposnabilita’ Limitata-S.r.l.)
IV.III Other types of company
V. Groups of Companies
VI. Litigation – Corporate proceeding
VII. Bankruptcy
VIII. Intellectual and Property Right
IX. Incentives
LIVING AND WORKING IN ITALY
USEFUL LINK AND CONTACTS
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ITALY: OUTLOOK
I. COUNTRY PROFILE
Country name: conventional long form: Italian Republic
conventional short form: Italy
local long form: Repubblica Italiana
Government
type: republic
Capital: name: Rome
Administrative
divisions: 15 regions (regioni, singular - regione) and 5 autonomous regions*
(regioni autonome, singular - regione autonoma); Abruzzo, Basilicata,
Calabria, Campania, Emilia-Romagna, Friuli-Venezia Giulia*, Lazio
(Latium), Liguria, Lombardia, Marche, Molise, Piemonte (Piedmont),
Puglia (Apulia), Sardegna* (Sardinia), Sicilia*, Toscana (Tuscany),
Trentino-Alto Adige* (Trentino-South Tyrol), Umbria, Valle d'Aosta*
(Aosta Valley), Veneto
National holiday: Republic Day, 2 June (1946)
Legal system: based on civil law system; appeals treated as new trials; judicial review
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under certain conditions in Constitutional Court; has not accepted
compulsory ICJ jurisdiction
Executive
branch: chief of state: President Giorgio NAPOLITANO (since 15 May 2006)
head of government: Prime Minister (referred to in Italy as the president
of the Council of Ministers) Romano PRODI (since 17 May 2006)
cabinet: Council of Ministers nominated by the prime minister and
approved by the president
elections: president elected by an electoral college consisting of both
houses of parliament and 58 regional representatives for a seven-year
term (no term limits); election last held 10 May 2006 (next to be held in
May 2013); prime minister appointed by the president and confirmed by
parliament
election results: Giorgio NAPOLITANO elected president on the fourth
round of voting; electoral college vote - 543
International
organization
participation: AfDB, AsDB, Australia Group, BIS, BSEC (observer), CBSS (observer),
CDB, CE, CEI, CERN, EAPC, EBRD, EIB, EMU, ESA, EU, FAO, G- 7, G- 8,
G-10, IADB, IAEA, IBRD, ICAO, ICC, ICCt, ICRM, IDA, IEA, IFAD, IFC,
IFRCS, IHO, ILO, IMF, IMO, IMSO, Interpol, IOC, IOM, IPU, ISO, ITSO,
ITU, ITUC, LAIA (observer), MIGA, MINURSO, NAM (guest), NATO, NEA,
NSG, OAS (observer), OECD, OPCW, OSCE, Paris Club, PCA, SECI
(observer), UN, UNCTAD, UNESCO, UNHCR, UNIDO, UNIFIL, Union
Latina, UNMOGIP, UNRWA, UNTSO, UNWTO, UPU, WCL, WCO, WEU,
WHO, WIPO, WMO, WTO, ZC
Economic
overview:
Italy has a diversified industrial economy with roughly the same total and
per capita output as France and the UK. This capitalistic economy remains
divided into a developed industrial north, dominated by private
companies, and a less-developed, welfare-dependent, agricultural south,
with 20% unemployment. Most raw materials needed by industry and
more than 75% of energy requirements are imported. Over the past
decade, Italy has pursued a tight fiscal policy in order to meet the
requirements of the Economic and Monetary Unions and has benefited
from lower interest and inflation rates. The current government has
enacted numerous short-term reforms aimed at improving
competitiveness and long-term growth. Italy has moved slowly, however,
on implementing needed structural reforms, such as lightening the high
tax burden and overhauling Italy's rigid labor market and over-generous
pension system, because of the current economic slowdown and
opposition from labor unions. But the leadership faces a severe economic
constraint: the budget deficit has breached the 3% EU ceiling. The
economy experienced low growth in 2006, and unemployment remained
at a high level.
GDP
(purchasing
power parity): $1.756 trillion (2006 est.)
GDP (official
exchange rate): $1.785 trillion (2006 est.)
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GDP - real 1.9% (2006 est.)
growth rate:
GDP - per capita
(PPP): $30,200 (2006 est.)
GDP composition by
sector: agriculture: 2%
industry: 29.1%
services: 69% (2006 est.)
Labor force: 24.63 million (2006 est.)
Labor force - by
occupation: agriculture: 5%
industry: 32%
services: 63% (2001)
Unemployment
rate: 7% (2006 est.)
Population
below poverty
line: NA%
Household
income or
consumption by
percentage lowest 10%: 2.1%
share: highest 10%: 26.6% (2000)
Distribution of
family income Gini index: 36 (2000)
Inflation rate
(consumer
prices): 2.3% (2006 est.)
Investment
(gross fixed): 20.8% of GDP (2006 est.)
Budget: revenues: $832.9 billion
expenditures: $925 billion; including capital expenditures of $NA (2006
est.)
Public debt: 107.8% of GDP (2006 est.)
Agriculture products: fruits, vegetables, grapes, potatoes, sugar beets, soybeans, grain, olives;
beef, dairy products; fish
Industries: tourism, machinery, iron and steel, chemicals, food processing, textiles,
motor vehicles, clothing, footwear, ceramics
Industrial
production
growth rate: 1.5% (2006 est.)
Current account
balance: -$23.73 billion (2006 est.)
Exports: $450.1 billion f.o.b. (2006 est.)
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Exports commodities: engineering products, textiles and clothing, production machinery, motor
vehicles, transport equipment, chemicals; food, beverages and tobacco;
minerals, and nonferrous metals
Exports partners: Germany 13.2%, France 11.7%, US 7.6%, Spain 7.3%, UK 6.1% (2006)
Imports: $445.6 billion f.o.b. (2006 est.)
Imports commodities: engineering products, chemicals, transport equipment, energy products,
minerals and nonferrous metals, textiles and clothing; food, beverages,
and tobacco
Imports partners: Germany 16.7%, France 9.2%, Netherlands 5.6%, China 5.2%, Belgium
4.2%, Spain 4.1% (2006)
Reserves of
foreign
exchange and $70.5 billion (2006 est.)
gold:
Debt - external: $1.957 trillion (30 June 2006 est.)
Economic aid donor: ODA, $1 billion (2002 est.)
Currency (code): euro (EUR)
note: on 1 January 1999, the European Monetary Union introduced the
euro as a common currency to be used by financial institutions of member
countries; on 1 January 2002, the euro became the sole currency for
everyday transactions within the member countries
Exchange rates: euros per US dollar - 0.7964 (2006), 0.8041 (2005), 0.8054 (2004), 0.886
(2003), 1.0626 (2002)
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II. POLITICAL SYSTEM AND ADMINISTRATIVE DIVISIONS
Italy is a Parliamentary Republic established by the 1948 Constitution.
Sovereignty belongs to the people who exercise it as laid down by the Constitution.
The Italian Republic acknowledges and guarantees human rights. All citizens have equal
social status without regard to their gender, race, language, religion, political opinions or their
personal and social conditions.
The Constitution stipulates a democratic state with powers divided between the Executive, the
Parliament and the Judiciary.
Administrative divisions
The Constitution states that the Italian Republic consists of Municipalities, Provinces,
Metropolitan Areas and Regions.
Italy is divided into twenty Regions, five of which have a special status (Valle d'Aosta,
Trentino-Alto Adige, Friuli-Venezia Giulia, Sicilia and Sardegna).
The Italian regions are divided into 103 Provinces and 8,101 Municipalities
III. LEGAL SYSTEM
In the Italian legal system the jurisdictional functions are divided into:
•
ordinary, practiced by ordinary magistrates
•
administrative, practiced by the Regional Administrative Courts (TAR)
•
accounting, performed by the Court of Auditors in public accounting
•
tax-related, performed by the Provincial Tax Commission and the Regional Tax
Commission on tax matters.
The judicial process is one of the three fundamental functions of the democratic state along
with the legislative and the executive functions.
IV. REFORMS
The Italian Government is committed to promoting reform policies on a national and local
level.
National reforms
The Italian government has carried out several structural reforms to improve long-term growth
and competitiveness, such as company law, tax system and labor market reforms.
It is also committed to promoting and supporting business internationalization, R&D as well as
e-government procedures to simplify red-tape.
Federal Reforms
Constitutional Law No. 3 of October 18, 2001, has enhanced the regional legislative powers.
Regional governments have gained new powers in several important areas such as foreign
trade, education and local government. Furthermore, regional governments intervene in the
legislative process of the EU when European laws deal with regional matters.
Nevertheless, the central government remains responsible for the following issues:
Foreign Policy
Immigration
Religious Affairs
Defence
National currency
Electoral Laws
Central Public Administration
Public Safety
Citizenship
Justice
Minimum levels of Healthcare Services
Guidelines on Education
PensionsElectoral Laws for Provinces and City Councils
Environmental Protection.
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V. LOCAL TAXATION
Local taxation grants financial autonomy to Regions, Provinces, City Councils and
Metropolitan Cities (art. 119 of the Constitution). Thus local governments may establish and
levy their own taxes. and pay their due to the central government.
VI. THE REGIONAL COUNCIL FOR LOCAL AUTHORITIES
The regional Council for Local Authorities co-ordinates city and provincial councils within the
same Region.
VII. PARTECIPATION OF LOCAL GOVERNMENT REPRESENTATIVES IN
PARLIAMENT
A transitional law gives local government representatives the right to take part in the works of
the Parliamentary Commission for Regional Affairs with the aim to support the establishment
of a Chamber of Regions.
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VIII. REGIONAL FOCUS
Abruzzo
WORKFORCE
- Surface : 10,763 Km2
- Population: 1,299,272 inhabitants
- GDP per capital: 19,308 euro
- Total workforce: 534,000
The regional economy of the Abruzzo region is characterized by an interesting development
model based on the coexistence between a reduced number of major companies of external
origin and a widespread capillary system of small-scale industries.
It has a dynamic and innovative entrepreneurial class, as is shown by its healthy export
figures and a GDP growth in 2005 well above the national average. It can boast a serene
social climate and a natural local tendency towards business initiative illustrated by its
numerous craft enterprises.
Its productive apparatus consists of 7 industrial districts and of companies operating in
agribusiness and traditional Made in Italy sectors like clothing, furniture, leather goods and
footwear, as well as leading edge high tech enterprises in life sciences, ICT and machinery.
Abruzzo has a well trained and flexible workforce and high-potential human resources: all the
provinces in the region come near the top of the Italian table for their percentage of degreeholders. It has a current university population of 59,445 students, 3 university complexes and
various public and private research and development centres of international standing.
Abruzzo also possesses notable environmental assets – 3 National Parks, a Regional Park
and 22 Nature Reserves – and a rich historical and monumental heritage.
AVAILABLE INCENTIVES
Local small and medium-sized enterprises can take advantage of a wide range of incentives
anywhere in the region, while major companies can benefit from special contributions only if
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located in certain specified municipalities, since Abruzzo is classified as an Objective 2 area
for Structural Funding.
Financial incentives for occupational training, on the other hand, are substantial both for major
companies and smaller-sized enterprises.
Financing for SMEs are regulated above all by the Docup Abruzzo, which in the context of its
“Business-system competitiveness” envisages numerous measures for all the productive
enterprises operating in the region.
The Abruzzo Regional Government is especially actively committed to supporting innovation
and competitiveness in business and industry.
In terms of financial support for occupational training, the Por Abruzzo offers numerous and
varied opportunities to support enterprises of all sizes in training and updating their human
resources.
Basilicata
WORKFORCE
- Surface2 : 9,995 Km
- Population: 596,546 inhabitants
Basilicata is one of the most dynamic regions in the South of Italy, with one of the highest per
capita GDPs in the area. Potenza, the regional capital, is very much the hub of its productive
activity and operates as a territorial economic magnet.
The Region is home to a dynamic and diversified business system featuring industrial zones
with efficient infrastructures and numerous major multinational industrial groups co-habiting
with SMEs. The high points of excellence are the automobile sector (the FIAT plant in Melfi)
and the chemical pole in Val Basento.
Basilicata has a highly specialised pool of human resources, thanks in part to the presence of
research centres of international standing and to the Basilicata University, which have both
built up prolific partnerships with the local productive system.
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Tourism is enjoying a rapid growth rate, based on an increasing appreciation of its many
environmental, historical-cultural, artistic and gastronomic treasures.
Among the region’s strengths are the realisation of strategic infrastructures (including airport
and interport), a collaborative tradition in social and commercial relations, its excellent results
in structural fund management, and a prosperous quality of life.
The Basilicata Region offers an attractive choice of incentives which can cover up to as much
as 50% of investment costs. In the 2005-2006 two-year period, over 110 million euros –
including regional, national and EU resources – have been devoted to financing and
sustaining investments for reinforcing productive aggregation-systems and poles.
The Regional government guides and regulates the occupational training system, identifying a
synergetic framework of initiatives related to personnel qualification and training and to the
promotion of technological innovation and scientific research. A prime example is the creation
of the “Industrial Manufacturing Campus” in Melfi, thanks to an investment of roughly 13
million euros, whose aim is to carry out advanced training and research projects for
developing solutions that will facilitate innovation in the region’s existing productive system
(e.g. the automobile industry, furnishing, agribusiness).
Also planned is the creation in Viggiano of the first branch in Southern Italy of the ENI Enrico
Mattei Fondation, which will constitute a centre of excellence covering economy,
environmental sciences, energy and new technologies.
Calabria
WORKFORCE
- Surface : 15,080 Km
The Calabria Region has a population of roughly 2 million people and is characterised by a
high proportion of youthful and highly qualified human resources: approximately 40% of the
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population is made up of under 30 year-olds and the education level is a respectable 24.7%
with high school diplomas and 6.1% with university degrees.
The region’s productive system benefits from a healthily dynamic entrepreneurial class. It has
over 154,000 active companies, of which 1,600 are in the ICT sector and are mainly
concentrated around the area of the University of Calabria. The high quality of scientific
research in the region’s three universities has done much to orientate production towards the
promotion of ICT.
Calabria’s geography, together with its excellent climate and uncontaminated nature, make it
one of the major summer tourism areas in Italy. Its low cost of living, the abundance of well
equipped industrial areas, the availability of strong incentives, its strategic position at the
centre of the Mediterranean growth area, and the presence of the port of Gioia Tauro (one of
the biggest transhipment ports in Europe) are the main factors that make the region attractive
for investors.
Industrial investment programmes in Calabria can count upon a well articulated system of
incentives covering both the financial requirements involved in realising infrastructures and
personnel training.
The region is classified as an EU Objective 1 area and start-up SMEs can benefit from the
highest levels of aid available anywhere in Italy.
Campania
WORKFORCE
- Surface: 13,590 Km2
- Population: 5,788,986inhabitants
- Total workforce: 2,029,000
Campania is a highly dynamic region which in the last five years has achieved an average
growth rate above the national one. Its capital is Naples, whose over 1 million inhabitants
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make it the third largest city in Italy and the most important in Southern Italy.
The Regione Campania has a huge youthful and well qualified employment pool, with roughly
19,000 university graduates and 37,000 new students per annum spread among the seven
different universities on its territory. Its has a research system of undeniable excellence, with
over 7,000 researchers and 90 R&D centres, making it the third most important region in Italy
in public research institutes.
The quality of its research and its workforce make Campania an ideal location for knowledge
intensive enterprises in sectors like aeronautics, motor vehicles, ICT, biotechnologies and
pharmaceuticals which, together with more traditional sectors like agribusiness and textiles,
are the region’s industrial specialities.
Another strongpoint of Campania’s economy is the tourist industry, thanks to the quality on
offer, an extraordinarily beautiful coastline, and historical monuments and archaeological sites
that bear witness to its millenary history.
The Regione Campania is classified as an Objective 1 area in EU planning and is a
beneficiary both of incentives envisaged by national financial aid policies and by regional
incentives for productive activities and R&D.
EU planning measures envisage, among other things, support for research in high
technological content areas through the promotion of research and technology transfer in
sectors connected with growth and sustainable development, and initiatives aimed at
supporting innovative research and technology transfer programmes promoted by the region’s
business sector.
In the context of the Development Plan for Innovation (Piano di Sviluppo dell'Innovazione),
seven Regional Expertise Centres have been set up, to facilitate companies who want to
invest in emergent high-tech sectors, to improve connections between the world of the
universities and the world of business, and to promote the creation of knowledge-based
activities. There is also a special regional law that provides research and precompetitive
development funds to small and medium-sized enterprises for industrial research and projects
for developing new technologies.
Emilia Romagna
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WORKFORCE
- Surface : 22.117 Km
Thanks to its privileged geographical position, Emilia Romagna has been able to develop
efficient infrastructures to support its business activities and its citizens.
It is served by a major motorway network that connects all the provinces in the region with the
rest of Italy, by a dense system of national and provincial roads, by four airports, by interports
and sea-ports both for tourism and mercantile transport.
The region’s entrepreneurial economy is traditionally made up largely of small and mediumsized enterprises, which in fact make up 90% of the companies present on its territory (over
400,000 firms in activity). Its productive specialities include mechanical engineering (c. 25% of
the region’s industrial companies, with 230,000 employees), the automotive industry (with
high tech applications) which in the area between Bologna and Modena has a concentrated
system of international importance, the manufacture of chemical products (650 firms and
almost 15,000 employees), and the development of certain aspects of ICT favoured by a
consistent offer of specific training and qualified human resources (4,500 teachers and
researchers in the technical-scientific sector and 173 university courses in scientific
disciplines related to ICT).
The Emilia Romagna region’s optimal characteristics have led to its being named by the
European Commission as one of the most innovative regions, and to it having received the
title “Region of excellence for innovation” in Stockholm in 2003.
The Regione Emilia Romagna offers exceptional support measures to an economy founded
on excellence in advanced technological sectors. A highly effective agent in this sense is
ASTER, a consortium between the Regional government, Universities, Research institutes
and private enterprise, dedicated to developing shared services and projects for promoting
industrial research, technology transfer, and the innovation of the production apparatus.
ERVET is another similar operator, a company working for the area’s economic enhancement
whose role is to guarantee support for development by facilitating processes of cooperation
and partnership-building.
Among the financial instruments, the Regional Planning Programme for Industrial Research,
Innovation and Technology Transfer (PRRIITT, or Programma Regionale per la Ricerca
Industriale, l'Innovazione e il Trasferimento Tecnologico) has channelled public resources for
130 million euros into an organic framework for technological transfer projects, spin-off
supports, and the networking of research laboratories and innovation centres.
Further public funds are present in the HI-MECH District for the networking of Advanced
Mechanical Engineering Laboratories.
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Friuli Venezia Giulia
WORKFORCE
- Surface : 7.858 Km2
- GDP per capital: 26,697euro
- Total workforce: 525.000
The Regione Friuli Venezia Giulia enjoys a highly favourable geographical position:
traditionally a strategic hub for commercial traffic between Central and Eastern Europe and
the Mediterranean, its multi-cultural and multi-ethnic context means it has always tended
naturally towards consciousness-sharing and progress.
At the top of European tables for innovation capacity, with a ratio of researchers to total active
population of 8.8 /1,000, the Friuli Venezia Giulia region is home to an avant-garde scientific
system based on expertise and know-how in fields that range from physics to medicine, and
from biotechnologies to nanotechnologies.
The region’s productive organisation is characterised by the presence of Industrial Districts
and Specialisation Poles in traditional manufacturing sectors (precision instrument mechanics,
ship-building, iron and steel industry, chemicals, furniture and furnishings, agribusiness), by
the leading role played by some of its firms on the international stage, and by a rapid increase
in industrial expertise in high growth-rate sectors like biomedicine, diagnostics, information
technologies, advanced telecommunications, and integrated logistics.
The availability of highly qualified and motivated human resources, and its excellent quality of
life, make the Friuli Venezia Giulia region highly attractive for anyone considering doing
business in one of the most innovative and international parts of Italy.
A whole range of articulated incentives are operative in Friuli Venezia Giulia for investments
covered by national and regional laws favouring start-up businesses, new manufacturing
equipment, capital attraction, industrial and precompetitive research, employment in applied
research, training, expansion of innovative firms through capital participation and
participating loans.
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Among the financial instruments for supporting knowledge-intensive enterprises, well worth
noting are the Regional Funds for SMEs, and national revolving funds for assisting risk
capital, managed respectively by Friuli and Sviluppo Italia.
Finally, the creation and development of new knowledge-intensive companies and
commercial spin-offs from research are facilitated by the presence and activity of specialized
service structures like the BIC – Sviluppo Italia in Friuli Venezia Giulia, the Trieste Science
Park Area, the CIT – Centre for Innovative Technologies in Amaro, and the Friuli Innovation
Consortium.
Lazio
WORKFORCE
The Regione Lazio is Italy’s second largest in terms of GDP creation: it contributes 10% of the
whole national GDP.
Its capital is Rome, capital of Italy and political and administrative centre of the State,
provided with optimal infrastructures and services, including Italy’s principal airport, the
‘Leonardo da Vinci’.
With almost 500 foreign companies present on its soil, and with a high density of innovatory
activities, Lazio is home to a dynamic entrepreneurial culture and constitutes a large and
consistent market for a huge number of companies with its over 5 million inhabitants (17
million counting its neighboring regions) and a per capita available income that is 12% higher
than the national average. It has a highly qualified and flexible workforce, and human
resources of enormous potential: over 38,000 degree graduates a year and 246,000
university students in training within a system of 10 different universities, including Rome’s
“La Sapienza”, the largest in Europe.
Its research system can count on public and private R&D centres of international standing,
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with approximately 30,000 active researchers. This immense research expertise, and the
availability of a huge pool of highly qualified students, are factors in the development of high
technological-content activities in the sectors of life sciences, ICT, the automotive industry,
aerospace and nanotechnology.
As well as this, being the birthplace of the Etruscan civilisation and the Roman Empire, and a
cultural, artistic and religious centre without equal anywhere in the world, Lazio is also one of
the prime destinations for international tourism.
The Regione Lazio is constantly committed to supporting economic development based on
technological innovation and the growth of knowledge-based sectors. For this reason it has
created various instruments for promoting technical training, technology transfer, and the
start-up and development of high-tech enterprises.
Particularly active in this field is Filas, the Regione Lazio networking company dedicated to
sustaining processes of development and innovation within the region’s system, both through
the management of financial incentives for innovation – fiscal benefits and contributions to
risk capital – and through the management of subsidies for the planning and carrying out of
specific projects.
In the ambit of financial incentives, for example, Filas extends tax breaks (in conformity with
the EU de minimis rule) to SMEs, with the aim of supporting innovation processes, industrial
research, pre-competitive research, the introduction of quality systems, and projects for
activating the potential for electric commerce.
Liguria
WORKFORCE
- Surface : 5.421 Km2
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Liguria has a consistent industrial reality composed of approximately 138,000 companies,
most of which are situated in the province of Genoa, the industrial motor of the whole region.
Thanks to the presence of internationally prestigious Universities, Liguria can boast one of the
highest education levels in Europe with roughly 5,800 degree graduates a year and an annual
university population of roughly 35,000 students.
Its research system includes more than 100 public and private research centres, among
which those related to the fields of nanotechnology and intelligent systems are of particular
national relevance.
The most strategic sectors of its economy are ICT and the whole high-tech area
(biotechnologies, mechanical engineering, computer systems, electronics and
telecommunications). Logistics have always been a territorial speciality, given the Regione
Liguria’s key role in national and European transport and logistical systems.
Liguria has an active Integrated Intelligent Systems District, with job opportunities for more
than 300 researchers and a grant of 60 million euros provided by public funds and capital
invested by the region’s managing company in charge of financing research and development
activities.
Also in support of Innovation development, a new regional law envisages the creation of a
Research Coordination Centre and a rotating fund of 10 million euros available for companies
needing to finance new research projects, with tax breaks for small and medium-sized
industries.
The Regional government intends to facilitate the constitution of closed-end funds, private
equities, and funds for participating in risk capital, as well as participative loan concessions to
enterprises on its territory.
The presence of a dynamic banking system, and of Ligurcapital S.p.A., whose scope is to
promote the constitution and development of new companies in Liguria via a Participative
Loan Fund, together with initiatives on the part of industrial associations, such as
Capitalimpresa S.p.a, complete the picture of incentives available for supporting innovative
enterprises in Liguria.
Lombardia
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WORKFORCE
Lombardy is one of the wealthiest regions in Europe. Some statistics: 9.4 million inhabitants,
800,000 active businesses (338,000 in Milan alone) employing 4.4 million people, 3,740
branches of foreign businesses (52% of the total in Italy), 204,375 million euros of GDP
produced in 2004 (20% of the national total, the highest of any Italian region). Lombardy’s
economic model is based above all on knowledge and innovation, both strongly supported by
specific regional policies.
Of all the Italian regions Lombardy invests the most in R&D: over 29,000 research personnel
(18% of the national total – a higher percentage than any other region) and an expenditure of
3 billion euros (22% of the country’s total research budget), 70% of which is funded by the
private sector. Research is concentrated in the fields that constitute the region’s high
development potential poles of excellence: Biotechnologies (pharmaceuticals, human health
and agribusiness), new materials and ICT. Milan is also one of Europe’s capitals of fashion
and design.
Lombardy offers a human resources pool of the highest level, thanks to a university system
with 12 universities and over 240,000 students, and a wide-ranging network of centres of
excellence including three of the seven Institutes of the European Commission’s Joint
Research Centre, near Ispra.
The Regione Lombardia offers numerous measures supporting research and technology
transfer, acquisition of complex technologies and the consolidation of business development
through its Integrated Aid Packages (Pacchetti Integrati di Agevolazione, or PIAs), which in
2004 managed over 23 million euros of aid.
Also available are technological vouchers (in the form of unsecured contributions in favour of
small and medium-sized industries) for the promotion of innovative enterprises and for
facilitating interaction between businesses and research and development centres.
Lombardy also has two active Planning Programme Agreements between the Ministry of
Research and the Regional Government which distribute an overall total of almost 90 million
euros in grants.
These resources are directed above all to three strategic and innovative sectors that have
important industrial and manufacturing bases in Lombardy: biotechnologies, advanced
materials, and ICT.
To facilitate companies committed to innovation, high-tech and research, the Region’s
investment trust company, Finlombarda, has set up the Next Fund (Fondo Next), reserved for
institutional investors, which can intervene either through direct or indirect participation in
companies’ share capital.
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Marche
WORKFORCE
The Marche region contributes 2.6% to the Italian GDP. Its capital Ancona is an important hub
for commerce within the Adriatic and with central and eastern Europe, making use of an
efficient infrastructures and services system that includes a major port and an international
airport.
The region’s production system has its strengths in the integration between different
manufacturing sectors and the spirit of cooperation between small and medium-sized
businesses, which are organized into districts. The productive structure is also characterized
by a notable flexibility and a decided inclination towards quality.
The four universities in the area – linked to an intensive network of industrial and professional
technical institutions for manufacturing and craftwork, and to numerous R&D centres –
provide a highly qualified pool of human resources.
Among the most important productive specialisations are ICT, mechanical engineering,
furniture, footwear, textile and clothing, and leisure shipbuilding, which in recent years has
experienced notable growth.
Businesses in the Marche sees research and development as a vital strategic element for
their own growth.
This attitude is demonstrated by the way private companies collaborate closely with the public
research system, and with the regional administration in defining and implementing
instruments for sustaining R&D activities. In particular, the Region devotes a large part of its
business incentives to innovation through a specific law, numbered 598/94.
Part of the region is an Objective 2 area in the EU zoning system. Within the regional funding
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programme, moreover, the themes of technological innovation and research are transversal
to various different sectors, with some initiatives of a structural nature and others aimed at
reinforcing companies’ technological potential.
Molise
WORKFORCE
- Population: 321,953inhabitants
Despite being Italy’s second smallest region in terms of area and population, since the early
1990s the Molise has experienced a period of growth that has helped it to reduce the gap
between itself and more economically advanced areas.
At the end of 2005 it had 33,331 active businesses, many of them specialised in agricultural
production and agribusiness. In recent years a consistent modernisation of its overall
infrastructures has been set in movement, thanks also to new regional and national funding.
Molise is a region with huge development potential and special characteristics of excellence
such as its elevated High School rate (27.2%, compared to a national average of 26.1%), its
geographical position, its environmental and natural resources, its liveability, the high level of
its personal services, and the availability of building space. Among its strong points are the
absence of criminality (the Molise is the Italian region with the lowest number of robberies and
crimes) and its general climate of social tranquillity.
These features – added to the ease with which high value-added relational networks can be
created and implemented with its institutions, its university and its productive system – make
the Molise an area particularly suitable for the development of the ICT sector and the
reinforcement of sectors such as tourism and quality agribusiness.
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At an EU level, the Molise qualifies for a regime of specific and transitory incentives
(phasing-out) and offers numerous operative support measures for the development of
specific sectors. On top of central government incentives, a whole series of instruments in
Negotiated Planning Programmes can also be activated, along with measures explicitly
envisaged by the Regional Planning Programme (new planning programme 2007/2013).
Added to this aid are the funds available from the Pluriennial Planning Programme for
manufacturing revival in the Molise. This three year plan includes overall investments for
more than 670 million euros, with an endowment of public funds of 453 million euros already
available.
With a view to the development of the Computerized Society, the STM Plan (Molise
Telematic System) envisages investments for over 94 million euros, of which almost 10
million destined exclusively to support for the business system. There are also various other
support structures and services, including the enterprise incubator managed by Sviluppo
Italia Molise SpA.
Piemonte
WORKFORCE
Piedmont is a modern and dynamic region where innovation combines with a high quality of
living and superb tourist and cultural attractions. The Regione Piemonte preserves its historic
industrial vocation with over 410,000 enterprises offering the highest levels of expertise both
in advanced technological sectors like the automobile industry, ICT, aerospace,
biotechnologies and nanotechnologies, and in more traditional sectors like agribusiness and
textiles.
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As a region committed to innovation, Piedmont holds the national record for private research
spending, which covers 77% of the total costs. In the whole region 17% of the workforce is
employed in high-tech activities, and technological export accounts for an Italian record of
45% of total exports. Industrial innovation is stimulated by a knowledge system that can count
on three universities and over 380 laboratories, of which 317 public and 63 private, where
more than 18,000 researchers and technicians are employed.
The majority of research laboratories are dedicated to the sectors of chemicals, medicalsurgical disciplines, biology, environmental sciences, physics and agrarian research, but
many operate in fields related to the technological development of business activity, such as
electronics, automation and computer technology.
Piedmont offers an integrated system of incentives, especially for start-ups and development
for the most innovative kinds of enterprise.
Some of the measures set out in the regional planning document (DOCUP) envisage in
particular: unsecured contributions of up to 50% towards expenses incurred in feasibility
studies, personnel and consultancies, patents and license rights, laboratory instruments and
equipment for use in pre-competitive research.
Plus facilitated interest rate loans for the purchase of scientific equipment for laboratories and
unsecured contributions for supporting start-up enterprises created by researchers.
The regional government has also legislated to define specific measures for supporting
research, announcing an increase in its financial commitment in favour of innovation (240
million euros in 3 years) so as to favour connections between research and enterprise,
making grants for applied research, technology transfer and advanced training, and creating
programmes for connecting universities with public and private research centres and with
businesses.
Puglia
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WORKFORCE
- Surface2 : 19,357 Km
- Population: 4,068,167inhabitants
Puglia has been able to combine its own traditions, its own history and productive vocations,
with the innovative thrust of the new technologies, achieving elevated levels of specialisation
in numerous industrial fields.
Policies aimed at sustaining the processes of innovation, and a broad availability of incentives
for investment, have favoured the growth of the local manufacturing system and the presence
of over 40 international industrial groups in the aerospace, motor industry, chemicals and ICT
sectors.
The regional research system employs over 5,000 researchers and can boast notable
scientific expertise in interdisciplinary contexts, such as in the Life Sciences, ICT and
nanotech sectors, which have contributed to the creation of three technological districts:
biotechnologies, high-tech, and electromechanical engineering..
The region’s human resources are highly qualified, specialised and flexible, with over 103,000
university students and almost 15,000 degree graduates a year.
Its strategic geographical position, its excellent infrastructures and the solidity of its cultural
relations and commercial trading with other Mediterranean regions, all go to make Puglia an
area with enormous economic potential. Its maritime and air transport connections are
optimal, thanks to the presence of three major ports, including that of Taranto, the third
largest in Italy for its size and its volume of traffic, and three airports that are well connected
with the main urban centres, the historic ‘artistic’ cities, and the region’s principal tourist
destinations.
Puglia offers a wide and varied range of financial instruments and incentives for supporting
industrial and research programmes, technology transfer and specialist training, with an
intensity of aid at the maximum level permitted by EU regulations.
EEC, national and regional funds are also used to provide incentives for carrying out
company research projects or technology transfer, as well as for the spread of innovation and
the start-up of high-tech enterprises.
There are facilitations for the acquisition of real services and the activation of special training
programmes. Further aid is envisaged for any initiative creating a significant increase in
employment.
The financial resources available for the three technological districts in the region amount to,
respectively, 33 million euros for the High-Tech District, 16 million euros for the
Biotechnological District, and roughly 18 million for the Electromechanical Engineering
District.
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Sardegna
WORKFORCE
- Surface: 25.711
Sardinia is a region with a healthy per capita GDP of €18,000, and features a pronounced
concentration of productive activities around its capital, Cagliari, whose surrounding area
functions as a magnet for the whole island’s economy.
The region’s production system is composed of 102,287 enterprises, mostly belonging to the
services sector (77,505). As well as its traditional strengths in agribusiness and chemicals,
over the last decade Sardinia has conquered important spaces in particularly innovative
sectors like ICT and Biotech.
Tourism deserves a special mention, with a flow of visitors that increases constantly over the
years.
The island’s workforce amounts to 685,000 people. The university poles of Sassari and
Cagliari have extremely solid traditions and expertise. Degree graduates in scientific
disciplines come to 2,000 a year, out of a total of 17,000 students. In the near future the
number of qualified human resources will grow rapidly, thanks to the Regione Sardegna’s
conspicuous investments and an already evident trend (in recent years the growth rate in the
annual number of graduates is 24%, almost double the national average).
Sardinia has developed excellent international tourist and commercial transport links, and has
efficient maritime and airport infrastructures (three international airports), as well as a duty
free zone in the port of Cagliari.
Sardinia is classified as an EU Objective 1 area and is therefore able to offer substantial
financial aid to support the setting up and consolidation of businesses.
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As well as the relevant national provisions – of which we here mention only the law number
488/92 and the location contract in favour of foreign companies – we could say that the entire
regional planning programme is orientated towards guaranteeing financial support to
companies that decide to set up businesses in Sardinia.
Among the most recent measures, of note are those providing incentives for research,
innovation, and technology transfer among small and medium-sized enterprises, as well as
integrated planning between local areas and businesses, with funds in excess of 700 million
euros available for use.
The final objective of the regional incentives is to fully implement its development policies so
as to create new and lasting growth opportunities, enhance investments, and reinforce the
mechanisms of institutional cooperation and partnership between the various actors in the
process of local development.
Sicilia
WORKFORCE
- Surface: 25.711
- Population:5,013,081inhabitants
Sicily is the second region in southern Italy in terms of GDP and its economy provides 6% of
the country’s national wealth. Palermo is the regional capital and political-administrative
centre, while Catania is the economic motor and business centre.
These two nuclei form the poles of an excellent services and infrastructure system, including
their own respective international airports.
Its economy is powered by the presence of certain dominant sectors: agribusiness, chemicals
and petrochemicals, high added value industrial manufacturing (precision mechanics,
telecommunications and IT) prevalently located in the Catania plain, and tourism, which still
has an enormous potential for development. Sicily’s productive system contains over 10,000
technologically orientated enterprises and has a highly qualified workforce (engineers,
scientists & professionals) which is also flexible.
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The demand for skilled labour finds an immediate supply consisting of young people with
elevated educational standards at wage-rates that are among the most competitive in Europe.
The region’s academic system contains 160,000 students and produces 18,000 degree
graduates a year. Its research system can count on public and private R&D centres of
international standing, and approximately 7,700 researchers.
The availability of this pool of research talent and expertise has led to the birth of high-tech
innovation clusters in sectors like ICT, life sciences, nanotech and green chemicals.
Classified as an Objective 1 region, Sicily offers an opportunity for acceding to the maximum
aid levels permitted by current European Union regulations, presenting an articulated
framework of support for the setting up and the development of entrepreneurial activities,
consisting of incentives for productive investments, research and development activities, and
the training and employment of human resources.
To encourage an increase in the current system’s capacity for innovation, certain automatic
incentive mechanisms have been set in place: regional tax credits on investments by
computer industry companies and by experimental R&D firms active in the fields of natural
sciences and engineering. And also specific tax exemptions for ICT firms, and deductions up
to €100,000 for the cost of each new employee taken on.
The commitment of public institutions to supporting the spread of innovation is demonstrated
also by the process set in movement by the Regional government for the creation of three
technological districts: Micro and Nano systems, AgroBio, and maritime transport, for which
investments of approximately 80 million euros are envisaged, of which over 50 million from
public sources.
Toscana
WORKFORCE
- Surface: 22,990
- Total workforce: 1.594.000
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With a population of almost 3.6 million inhabitants and a workforce of over 1.5 million,
Tuscany contributes to 6.7% of the creation of the national GDP. Its per capita GDP of over
25,000 euros a year is above the national average. Its capital is Florence, which together with
its surrounding province is the principal centre for international tourism and Made in Italy
manufacturing excellence.
Site of 236 foreign based companies and rich in innovatory initiatives, the Regione Toscana
has a dynamic entrepreneurial system with a density of business above the national average.
It provides an excellent example of the coexistence of traditional industries with expertise in
newer sectors like ICT, the automotive industry, biotechnologies and nanotechnologies. This
is made possible by a strong technological vocation, sustained by a university population
prevalently orientated towards scientific and technological subjects, and the liveliness of its
universities and research centres.
The research system is richly endowed and is characterised by the presence of institutional
centres, private centres, incubators, consortiums, laboratories and impressive university poles,
especially in scientific and technological subjects.
This elevated scientific offer has generated positive results in the industrial system and in
technological services.
This is illustrated by the numerous incubators of high tech enterprises successfully activated
in the region, such as the Navacchio Scientific and Technological Pole, the Sant’Anna
Valdera Pole of the Sant’Anna Superior School, which employs over 300 researchers, and the
incubators created by the Tuscany section of Sviluppo Italia.
In line with the priorities envisaged by the VI and VII Framework Programme of Technological
Research and Development, the Regione Toscana promotes business facilitating measures
such as an “early stage” fund and aid for industrial and pre-competitive research, as well as
for advanced professional services, in the shape of creating networks for technology transfer.
The regional government of Tuscany has also provided over 77 million euros, for the three
year period 2005-2007, for the development of the “ICT & Security District”, envisaging 8
different axes of intervention, including ICT, micro and nanotechnologies, new materials and
ICT for Life Sciences.
To increase the region’s competitiveness, finally, Tuscany will provide financing for over 7.7
million euros, through the 2006/2010 Regional Development Plan, for investment projects
aimed principally at reinforcing its infrastructural and logistical networks, at promoting
research activities, and at sustaining productive systems and innovation.
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Trentino Alto Adige
WORKFORCE
In the last two years Trentino Alto Adige has experienced a GDP growth in line with that of the
rest of north-eastern Italy, well above the national average.
The region has an extremely lively business dynamic, and alongside its more traditional
sectors an increasingly strategic role is being taken by high knowledge-content sectors like
bioinformatics, environmental sciences, integrated logistics, energy, and information
technologies.
This is largely thanks to the growing support of the provincial administrations, who have
focussed on technical innovation as the mainstay of the competitive development of the
area’s economy.
With the aim of enhancing existing territorial and environmental vocations, an ‘Environmental
Technologies and Renewable Energies District’ has been created, qualifying Trentino Alto
Adige as a pole of excellence in the fields of sustainable construction techniques, energy
generation from renewable sources, and technologies for territorial management.
Tourism is one of the principal commercial sectors, involving many parts of the region ranging
from its mountain resorts to its lake resorts to its beautiful historic cities. Among other things
the region is rich in raw materials, including numerous hydro-electric schemes that contribute
to the development of the iron and steel industry, mechanical engineering, agribusiness, the
chemical industry and building materials.
The local population covers two different ethnic and linguistic communities, one Italian and
one German, and this guarantees a highly useful multicultural openness.
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Trentino Alto Adige has an articulated range of business incentives in operation, based on
provincial measures for sustaining the creation of new businesses, for investment in
productive resources, the attraction of new investments, industrial and pre-competitive
research, employment in applied research activities, specialised training and development of
human resources, and investment in risk capital.
Among the various provincial financial measures for supporting knowledge-intensive
enterprises, particular attention should be paid to the workings of the Province of Trento’s
Legge Unica per l’Economia 6/1999 (Unified Economic Law), and the Province of Bolzano’s
9/1991 law, relating to the constitution of rotating funds.
Worth noting too is how the presence within the region of qualified service structures such as
the Province of Trento’s Development Agency and the Province of Bolzano’s Business
Innovation Centre facilitates the set-up and development of new high knowledge-content
companies and the exploitation of entrepreneurial spin-offs from research activities.
Umbria
WORKFORCE
- Surface: 8,456 Km2
Situated in the heart of Italy, Umbria provides an admirable example of sustainable
development. As a region it enjoys one of the highest standards of living in Italy in terms of
cultural vivacity, security and the uniqueness of its territory.
Businesses choose Umbria for its dynamic economic system, its widespread network of
research and development, the availability of industrial areas and for the efficiency of its local
administration in sustaining business development with instruments like financial facilitations,
training incentives, support for research and new technologies and improvement to existing
systems.
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It has at its disposal a qualified and flexible workforce, and human resources characterised by
high levels of schooling. Its research system can count on the Perugia University, a proven
ground for specialised advanced training with about 35,000 students and a consolidated
experience in applied research, as well as public and private R&D centres of international
standing.
The productive system, with over 82,200 businesses employing 368,000 people, consists of
consolidated traditional industrial sectors like chemicals, steel, special materials, mechanical
engineering, and historic vocations like technical stationary, furniture, artistic and industrial
ceramics, but also innovative sectors with high growth potential like electromechanical
engineering and nanotechnology.
Thanks to its cultural and environmental heritage, Umbria is also an important destination for
international tourism.
Companies who choose Umbria as their business location can benefit from a wide and varied
range of national and regional incentives.
Thanks in particular to the recent setting up of the Umbria Technological District, for the 20062008 three year period various incentives are envisaged in favour of R&D activities carried
out by enterprises in collaboration with Universities and Research Centres, to the value of
roughly 50million euros.
The fields of activity which will be favoured by grants sustaining research will be: iron and
steel special materials, micro and nano technologies, precision mechanics, and
electromechanical engineering.
Many parts of the region also benefit from financial aid from EU Objective 2 structural funds.
Valle d’Aosta
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WORKFORCE
The smallest of the Italian Regions, Valle D’Aosta consists mostly of mountainous territory but
nevertheless has excellent communication routes: at the centre of a triangle formed by Turin,
Milan and Lyons, it can consider itself a privileged passage linking Italy with the heart of
Europe.
It can boast a GDP per capita and a tenor of life for its population that are both among the
highest of any Italian Region, as well having an unemployment rate among the lowest. As well
as being geographically located in an excellent position in respect of European markets, the
Valle D’Aosta is also an important hub for the free circulation of people and merchandise.
Its University, instituted in 2000, has a clearly international orientation, a highly innovative
teaching system, and a close connection between the training it offers and the employment
market, all of which make it an important novelty in the panorama of national and international
university training.
Thanks to local legislation, to its reduced dimensions and population, the Valle D’Aosta has
excellent public services, both for its citizens and its business enterprises.
It has a pronounced vocation for tourism, founded on a series of qualitative elements such as
the special value of its typical Alpine products, the safeguarding of its local traditions and a
widespread culture of hospitality.
Owing to its close proximity to the French border, the Valle D’Aosta is bilingual and has an
evidently international atmosphere.
Businesses that choose the Valle D’Aosta can benefit from all the aid available at a national
level plus a wide range of financing and incentives at a regional level, which vary according to
the size and kind of investment.
The incentives are orientated towards the development of industrial and craft enterprises, the
development of competitiveness in public and private companies, with priority given to small
and medium-sized enterprises, research, development and quality in the industrial sector,
initiatives in support of the internationalisation of the regional productive system, and
investments in risk capital.
Also worth noting is the Regional Law 84/1993 which finances both precompetitive and
industrial research and development projects, as defined in attachment I of the Commission’s
communiqué 96/C 45/06 (Community discipline for State aid to research and development).
Many areas of the regions benefit from financing envisaged by EU Objective 2 structural
funds.
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Veneto
WORKFORCE
The Veneto region, motor of north-eastern Italy’s vigorous economic development, is
characterised by an unusual productive system based on districts and on small and mediumsized enterprises that co-habit with major multinationals, setting off a virtuous circle that has
led to the region contributing 10% of Italy’s GNP.
With 460,000 companies operating on its territory (360 of them foreign based), an extremely
low unemployment rate (4.2%, compared to the national average of 7.7%), and a continuing
capacity for innovation in all sectors, Veneto candidates itself as the ideal area for the location
of foreign companies in sectors such as ICT, mechanical instrumentation, nanotechnologies,
Life Sciences and fine chemistry.
One corollary of its production model is a high quality research and innovation system, with its
epicentre in the university complexes of Venice, Verona and Padua, capable of serving
roughly 105,000 students and of producing over 21,000 degree graduates per year. The
employment market is populated by highly qualified and flexible human resources.
Veneto also stands out for the leading role it plays in the national tourist industry, where it is
the most important of all the Italian regions, with 57 million visitors in 2005 (roughly 16% of
the national total), generating 15% of the national GNP in the tourism sector.
Among the available instruments for supporting companies operating on its territory, Veneto
can offer financial aid for backing innovation in industrial enterprises, incentives for the
purchase of material or services contributing to innovation, grants contributing to investment
in industrial and pre-competitive research, and incentives for the buying or hiring of
manufacturing or utility machinery.
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In particular the Regional government is strongly committed to the promotion and
development of scientific and technological parks, and financing incentives that favour the
levels of quality and innovation in productive enterprises.
There are also rotating funds available to facilitate access to credit for small and mediumsized companies in the commercial and services sectors, and other specific assistance
initiatives for municipalities in the provinces of Belluno and Rovigo, classified as EU Objective
2 areas.
Financial facilitations are also available in the primary, secondary and tourism sectors, and
special funding is available for projects relating to nanotechnologies and biotechnologies.
IX. INDUSTRIAL DISTRICTS IN ITALY
Source: www.distretti.org
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List of the Industrial Districts (clusters) in Italy
Piemonte
Basso Cusio: taps and fittings
Biella: wool
Omegna - Varallo Sesia - Stresa: household
Valenza Po: jewellery
Lombardia - i nuovi distretti
Bassa Bresciana: tailoring and clothing
Bassa Bresciana: leather and shoes
Bergamasca, Val Cavallina: clothing and furniture
Brianza: forniture
Casalasco - Viadanese: wood manufacturing
Castelgoffredo: textile and socks
Como: textile
Est Milanese: electric and electronic plants
Gallaratese: tailoring and clothing
Lecchese: metal production and manufacturing
Lecchese: textile
Sebino: plastic and rubber
Valle dell'Arno: metal production and manufacturing
Valli bresciane: metal production and manufacturing
Valseriana: textile
Vigevanese: shoes
Lombardia - gli altri distretti
Belgioioso: mecchanic
Canneto sull'Oglio: toys
Suzzara: agricoltural machine
Liguria
Sestri Ponente: electronic
Val Fontanabuona: slate
Veneto
Alto Livenza: forniture
Alto Vicentino: mecchanic
Arzignano: tannery
Belluno: sunglasses production
Montebelluna: trainers and foowear
Murano: glass
Riviera del Brenta: footwear
Vicenza: jewellery
Friuli - Venezia Giulia
Conegliano: inox
Maniago: knives
Manzano: chairs
San Daniele: ham
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Emilia Romagna
Carpi : knitwear
Cento: agricoltural machine
Forlì: forniture
Forlì-Cesena: food processing
Langhirano: ham
Mirandola: biomedical sector
Modena-Reggio Emilia: agricolral machine
Rimini: foot and sportwear
San Mauro in Pascoli e l'area del Rubicone: footwear
Sassuolo: tile
Toscana
Arezzo: goldsmith and clothing
Carrara: marble
Cascina e Ponsacco: forniture
Empoli: il textile/clothing
Firenze: leather
Lamporecchio: sportwear
Lucca: paper
Prato: textile/clothing
Quarrata: forniture
Santa Croce sull'Arno: leather
Sesto Fiorentino: ceramic
Siena: cristall/glass, camper/van and forniture
Viareggio e la Versilia: shipbuilding industry
Marche
Castelfidardo: musical instruments
Fermo: footwear
Montefeltro: textile/clothing
Pesaro: forniture
San Benedetto del Tronto: food processing
Umbria
Città di Castello: graphic and paper
Lazio
Civita Castellana: ceramic
Abruzzo
Abruzzo Centro Settentrionale: forniture
Abruzzo meridionale: clothing
Castelli: ceramic
Fara San Martino: pasta
Val Vibrata: leather, clothing and footwear
Molise
Isernia: clothing
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Campania
Capodimonte: porcelain
Cittadella Atellana: clothing
Cittadella Aversana: footwear
Penisola Sorrentina: swimsuit
S. Giuseppe Vesuviano: textile
Solofra: leather
Tarì: gold/jewellery
Torre del Greco: goldsmith and coral
Puglia
Casarano: footwear
Nord Barese: textile and clothing
Sud Barese: clothing
Basilicata
Lavello: lingerie
Matera - Bari: living room forniture
Sicilia
Caltagirone: ceramic
S. Stefano di Camastra: ceramic
Sardegna
Sassari: cork, pecorino cheese and granite
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EXPORT AND TRADE
I. TRADE REGULATIONS AND STANDARDS
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Import tariffs
Import requirements and documentation
Labeling and marking requirements
Prohibited and restricted imports
Customs regulations and Contact Information
Standards Trade agreements
I.I. IMPORT TARIFFS
Customs duty rates are the same for all EU countries. The value added tax varies from
Country to country. In Italy VAT ranges from 4 to 20 percents.
I.II IMPORTED REQUIREMENTS AND DOCUMENTATION
Practically all goods originating in Thailand can be imported without import licensing or free of
quantitative restrictions. Only a group pf agricultural items may be subject to import
regulations. There are, however, monitoring measures applied to imports of certain sensitive
products. The most important of these measures is the automatic import license of textiles.
The import license is the responsibility of the Italian importer. This license is granted to Italian
importers when they provide the requisite forms.
Various textile, apparel, and controlled products (such as arms and munitions), are the most
frequently regulated items.
License are not transferable, although they may be used to cover several shipments within
the total quantity authorized. In general, the goods involved are indicated on the license by
the Harmonized System classification number and the corresponding wording of the tariff
position.
IMPORT LICENSES
The integrated Tariff of the Community, referred to as TARIC (acronym for “Tarif Integre de la
Communaute”), is designed to show various rules applying to specific products being
imported into customs territory of the EU or, in some cases, when exported from it. To
determine if a license is required for a particular product, check the TARIC.
The TARIC can be searched by country of origin, Harmonized System (HS) Code, and
product description on the interactive website of the Directorate-General for Taxation and the
Customs Union. The TARIC is updated annually.
It is important to note that the World Customs Organization has released the third update in
more than 20 years to the HS code. There are major production classification revisions to
chapters 84 and 85. This affects not just the EU, but all 121 contracting parties to the HS
starting January 2007.
In addition, many EU Members States maintain their own list of good subject to import
licensing. For example, Germany’s “Import List” (Einfuhrliste) included goods for which
licenses are required, their code numbers, any applicable restrictions, and the agency that will
issue the relevant license. The Import List is required under German or EU law. For
information relevant to Member State Import licenses, please consultant the relevant Member
State Country Commercial Guide.
Key link: http://ec.europa.eu/taxation_customs/common/databases/taric/index_en.htm
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IMPORT DOCUMENTATION
Non-agricultural Documentation
The official model for written declarations to customs under “Normal Procedure” is the Single
Administrative Document (SAD). European Free Trade Association (EFTA) countries
including Norway, Iceland, Switzerland and Liechtenstein also use the SAD.
However, other forms may be used for this purpose. Information on import/export forms is
contained in Title VII, of Council Regulation (EEC) No.2454/93, which lays down provisions
for the implementation of Council Regulation (EEC) No.2913/92 establishing the Community
Customs Code (Articles 205 through 221). Articles 222 through 224 provide for oral
declarations.
Additional information on import/export documentation can be found in Title III, of Council
Regulation (EEC) No.2913/92 of October 12, 1992, establishing the Community Customs
Code (articles 37 through 57).
Goods brought into the customs territory of the Community are, from the time of their entry,
subject to customs supervision until customs formalities are completed.
Goods presented to customs are covered by a summary declaration, which is lodged once
the goods have been presented to customs. The customs authorities may, however, allow a
period for lodging the declaration, which cannot be extended beyond the first working day
following the day on which the goods are presented to customs.
The summary declaration can be made on a form corresponding to the model prescribed by
the customs authorities. However, the customs autorithies may permit the use, as a summary
declaration, of any commercial or official document that contains the particulars necessary for
identification of the goods. It is encouraged that the summary declaration de made in
computerized form.
The summary declaration is to be lodged by:
•
The person who brought the goods into the custom territory of the Community or
by any person who assumes responsibility for carriage of the goods following
such entry;
Or
•
The person in whose name the person referred to above acted.
Non-EU goods presented to customs must be assigned a custom-approved treatment or use
authorized for such non-Community goods. Where goods are covered by a summary
declaration, the formalities for them to be assigned a customs-approved treatment or use
must be carried out:
•
•
45 days from the date on which the summary declaration is lodged in the case of
goods carried by sea;
20 days from the date on which the summary declaration is lodged in the case of
goods carried other than by sea.
Where circumstances so warrant, the customs authorities may set a shorter period or
authorize an extension of the period.
BATTERIES
New EU batteries rules came into force on 26 September 2006 following the publication of the
Directive on batteries and accumulators and waste batteries and accumulators (directive
2006/66) in the EU’s Official Journal. This new Directive applies to all batteries and
accumulators put on the EU market including automotive, industrial and portable batteries. It
aims to protect the environment by restricting the sale of batteries and accumulators that
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contain mercury or cadmium (with an exemption for emergency and alarm systems, medical
equipment and cordless power tools) and by promoting a high level of collection and recycling.
It places the responsibility on producers to finance the costs associated with the collection,
treatment, and recycling of used batteries and accumulators. The Directive also includes
provisions on the labeling of batteries and their removability from equipment. EU Member
States must implement the EU Directive into their national law by September 26, 2008.
REACH
REACH is a major reform of EU chemicals policy, proposed by the European Commission on
October 2003 and was adopted at EU level in December 2006, REACH became national law
in the 27 EU Member States in spring 2007. REACH stands for the “Registration, Evaluation
and Authorization of Chemicals produced and imported into EU in volumes above 1 ton per
year to be registered with a central European Chemical Agency, with information on their
properties, uses and safe ways of handlings them. Chemicals of very high concern, like
carcinogens, will need an authorization for use in the EU. Virtually every industrial sector,
from automobiles to textiles, could be affected by the new policy. The Thai exporters to
Europe should carefully consider this piece of EU environmental legislation. For more
information, see this webpage, http://ecb.jrc.it/import-export/,
http://reach.jrc.it/about_reach_en.htm
WEEE & RoHS
EU rules on ‘waste electrical and electronic equipment’ (WEEE), while not requiring specific
customs or import paperwork, may require Thai exporters to register the products with a
national WEEE authority, or arrange for this to be done by a local partner. Similarly, related
rules for EEE restricting the use of the hazardous substances (RoHS) lead, cadmium,
mercury, hexavalent chromium, PBBs, and PBDEs, do not entail customs or importation
paperwork. However. Thai exporters may be asked by a European RoHS enforcement
authority or by a customer to provide evidence of due diligence in comp[liance with the
substance bans on a case-by-case.
AGRICOLTURAL DOCUMENTATION
Phytosanitary Certificates: Phytosanitary certificates are required for most the fresh fruits,
vegetables, and other plant materials.
Sanitary certificates: for commodities composed of animal products or by-products, EU
countries require that shipment be accompanied by a certificate issued by the competent
authority of the exporting country. This applies regardless of whether the product is for human
consumption, for pharmaceutical use, or strictly for non-human use (e.g., veterinary
biologicals, animal feeds, fertilizers, research). Many of these certificates are uniform
throughout the EU, but the harmonization process has not been finalized yer. During this
transition period, certain Member State import requirements continue to apply.
Sanitary certificates (fisheries): on November 20, 2006, the commission published an
amendment to Regulations 2003/804/EC and 2003/858/EC. Decision 2006/767/EC, in force
as of November 27, 2006, modifies the conditions of imports of aquaculture live bivalve
mollusks as as fishery products for human consumption.
A new EU Hygiene law has been in force since January 1, 2006. This new set of Regulations
aims to simplifying existing rules and at guaranteeing safer food. To facilitate the
implementation of the revised rules, the Commission recently published implementing
measures and transitional arrangements that are also effective as of January 1, 2006. These
guidelines can be found below:
•
•
•
Commission Regulation 2073/2005
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From May 1, 2007, a second set of new hygiene laws has been placed. For detailed
information look this website:
TEMPORARY ENTRY
Material may temporarily be imported into Italy without payment of duties or tax if the material
is to be used in the production or manufacture of a product that is to be exported. The
importer gives a security deposit, usually in their form of a guarantee from a bank or
insurance company, for the amount of the usual duties and taxes. Upon exportation of the
finished product, the guarantee is released or deposit returned.
Temporary entry of goods intended to be re-exported in the same condition is permissible free
of import duties and taxes upon approval of an application by Italian Customs.
Italy participates in the International Convention to Facilitate the Importation of Commercial
Samples and Advertising Materials. Sample of negligible value imported to promote sales are
accorded duty-free and tax-free treatment. Prior authorization is not required. To determine
whether the samples are of negligible value, their value is compared with a commercial
shipment of the same product. Granting of duty-free status may require that the samples be
rendered useless for future sale by marking, perforating, cutting, or other means.
Imported samples of commercial value may be granted a temporary entry with exemption
from custom charges. However, a bond or cash deposit may be required as security that the
goods will be removed from the country.
This security is the duty and tax normally levied plus 10 percent. Samples may remain in the
country for up to 1 year.
They may not be sold, put to their normal use (except for demonstration purposes), or utilized
in any manner for remuneration. Goods imported as samples may be imported only in
quantities constituting a sample according to normal commercial usage.
Samples of products, without commercial value, are admitted free of duty and taxes. Product
literature should be marked “product literature – no commercial value”. Samples with
commercial value are also admitted duty and tax free, provided that the following conditions
are complied with:
a) The samples are accompanied by a representative of the Thai firm with a statement,
notarized by an Italian Consulate, identifying the commercial traveler and attesting to
the intention that the sample are being imported into Italy only for show or
demonstration, and will be re-exported without sale.
b) A certificate of origin from a recognized chamber of commerce is submitted to identify
the source of the goods.
c) A deposit or bond, in the amount of the applicable customs duties and taxes, is made
at the point of entry. This will refunded when the goods are re-exported.
d) A list (in duplicate) with a full description of each sample, including weight and value,
is submitted. It is helpful to have such a list in Italian.
In practice, samples valued in excess of 2,582 Euro ($ 3,380) are pratically impossible to
clear through Italian customs informally. In such cases, it is advisable to engage the services
of a local freight forwarder.
GOOD IN TRANSIT
Goods may clear customs with an EU transit procedure, issuing a single transit document
under which the goods may be easily shipped across frontiers of the EU member states.
These transit documents are completed for the importer by freight forwarders in Italy. The EU
transit document provides the basis for a single, comprehensive procedure covering the
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goods within the EU. Since the single transit document is an EU form, the European importer,
customs house broker, freight forwarder, or shipper must prepare the document at the point of
entry.
INWARD AND OUTWARD PROCESSING
Inward processing is the temporary importation of raw material or products for additional
manufacture or processing. Merchandise imported for additional processing and eventual reexport out of the EU is eligible for custom-free treatment.
The re-exported goods may be partly or totally processed. The import duty and taxes are
levied only on those goods that are re-exported and are finally sold in EU.
To qualify for inward processing, an Italian (or EU) firm must satisfy customs that it is
necessary to use imported goods instead of EU goods; state an intention to export products
manufactured from the imported goods (or equivalent goods available in the EU); and assure
that, upon re-exportation, the conditions set forth in the authorization are satisfied, the
exported products are accounted for, and the entered goods are identifiable and relate to
specific importations.
In outward processing, a firm in Italy may export goods, for further manufacture or processing,
from the EU customs area and then re-import the final product. Duties and taxes are levied
only on the increased value added by the expatriate manufacturing or processing when the
goods are returned to Italy, not on the total value of the product.
Only firms located in Italy or other EU countries are eligible to take advantage of this option,
by gaining approval of the Customs authorities.
I.III PROHIBITED AND RESTRICTED IMPORTS
The Italian importer should determine if the items are subject to Italian and EU regulations. Of
special note are certain foodstuffs, food colorings, drug and narcotics, animal products, plants,
seed grains, alcohol, cosmetics and toiletries.
The TARIC is designed to show various rules applying to specific products being imported
into the customs territory of the EU or, in some cases, when exported from it.
To determine if a product is prohibited or subject to restriction, check column five of the
TARIC for that product for the following codes.
CITES Convention on International Trade of Endangered Species
PROHI Import Suspension
RSTR Import Restriction
For information on how to access the TARIC, see the Import Requirements and
Documentation Section above.
Key link: http://ec.europa.eu/taxation_customs/common/databases/taric/index_en.htm
I.IV CUSTOMS REGULATIONS AND CONTACT INFORMATION
Prior to signing a long-term contract or sending a shipment of considerable value, it may be
prudent for Thai exporter to first obtain an official ruling on the customs classification, duty
rate and taxes. Such requests should be sent to the Ministry of Finance’s Customs
Department, Rome, Italy http://www.agenziadogane.it. The request should describe the
product, the material it is made from, and other details required by customs authorities to
classify the product correctly. While customs will not provide a binding decision, the advance
ruling will usually be accepted as long as the imported goods are found to correspond exactly
to the description provided by the exporter.
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Regulation 648/2005 is the “Security Amendment” to the Customs Code (Regulation 2913/92)
and outlines the implementing provisions for Authorized Economic Operators, risk
management procedures, pre-departure declarations, and improved export controls.
Tariff and Import Taxes: information on customs valuation is contained in Title II, Chapter
Three, of Council Regulation (ECC) 2913/92, establishing the Community Customs Code,
titled, “Value of Goods for Customs Purposes” (Articles 28 through 36). The primary basis for
determining customs value set out in Articles 29 is:
“…the transaction value, that is, the price actually paid or payable for the goods when sold for
export to the customs territory of the Community…”
Article 29 lists the following conditions, which must be met in determining custom value:
•
There are no restrictions as to the disposal or use of the goods by the buyer,
other than restrictions which are imposed or required by a law or by the public
authorities in the community, limit the geographical area in which goods may be
resold, or do not substantially affect the value of the goods;
•
The sale or price is not subject to some conditional consideration for which a
value cannot be determined with respect to the goods being valued;
•
No part of the proceeds of any subsequent resale disposal or use the goods by
the buyer will accrue directly or indirectly to the seller, unless an appropriate
adjustment can be made in accordance with article 32; and
•
The buyer and seller are not related, or, where the buyer and seller are related,
that the transaction value is acceptable for customs purposes.
The “price actually paid or payable” in Article 29 refers to the price for the imported goods.
Thus the flow of dividends or other payments from the buyer to the seller that do not relate to
the imported goods are not part of the custom value.
Article 32 and 33 provide for adjustments to the value for customs purpose. Article 32 lists
changes that are added to the customs value, such as, commissions and brokerage, cost of
containers, packing, royalties and license fees, and value of goods and services supplied
directly or indirectly by the buyer in connection with the production and sale for export of the
imported goods. Article 33 lists charges that are not included in the custom value, such as,
charges for transport, charges incurred after importation, charges for interest under a
financing arrangement for the purchase of the goods, charges for the right to reproduce
imported goods in the Community, and buying commissions.
Effective July 1, 1995, the Commission amended Article 147(1) of Regulation 2454/93 of the
Customs Code which affects valuation on the case of successive sales. This amendment
“defaults” valuation to the last sale, but allows the value of an earlier sale if it can be
demonstrated that such a sale took place for export to the EU. The evidentiary requirements
to support the bona fides of any earlier sales will be based upon commercial documents such
as purchase orders, sales contracts, commercial invoices, and shipping documents.
Key link: http://ec.europa.eu/taxation_customs/customs/index_en.htm
For contact information at national customs authorities, please visit:
http://ec.europa.eu/taxation_customs/common/links/customs/index_en.htm
STANDARDS
Products tested and certified in the Thai standards are likely to have be retested and recertified to EU requirements as a result of the EU’s different approach to the protection of the
health and safety of the consumer and the environment. Where products are not regulated by
specific EU technical legislation, they are always subject the EU’s General Product Safety
Directive as well as to possible additional national requirements.
European Union standards created under the New Approach are harmonized across the 25
EU Member States and European Economic Area countries to allow for the free flow of goods.
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A feature of the New Approach is CE marking. While harmonized of EU legislation can
facilitate access to the EU Single Market, manufactures should be aware that Regulations
and technical standards might also function as barriers to trade if Thai standards are different
from those of the European Union.
The European Union is currently undertaking a major revision of the New Approach, which
will enhance some aspects, especially in the areas of market surveillance. To follow the
revision, please visit:
http://ec.europa.eu/enterprise/newapproach/review_en.htm
Agricultural Standards
The establishment of harmonized EU rules and standards in the food sector has been
ongoing for several decades, but it took until January 2002 for he publication of a general
food law establishing the general principles of EU food law. This Regulation introduced
mandatory traceability throughout the feed and food chain as of January 1, 2005.
STANDARDS ORGANIZATIONS
Thai firms exporting to Italy must conform to EU standards and/or national Italian standards.
Italy and other EU Member States are required to transpose EU Directives into national law.
The Directives define a schedule for adoption, publication and implementation of national
provisions. Directives also recognize a transitional period during which exiting national
provisions and new legislation will coexist. In such cases, the manufactures has a choice of
following either of these provisions. Similarly, purely national standards must be replaced
when agreement has been reached a harmonized European standard.
In Italy, the national standards bodies are:
UNI-Ente Nazionale Italiano di Unificazione (The Italian National Bureau of Standards), Via
Battistotti Sassi 11b, 20133 Milan, +39 02 70024.1 http://www.uni.com/.it/
CEI-Comitato Elettrotecnico Italiano (Electtrical standards and certification)
Via Saccardo 9 20134 Milan, +39 02 21006.1 http://www.ceiweb.it/
EU standards settings a process based on consensus initiated by industry or mandated by
the European Commission and carried out by independent standard bodies, acting at the
national, European or international level. There is strong encouragement for nongovernmental organizations, such as environmental and consumer groups, to actively
participate in European standardization.
Manu standard in the EU are adopted from international standards bodies such as the
International Standard Organization (ISO). The drafting of specific EU standards
organizations:
•
•
•
CENELEC, European Committee for Electrotechnical Standardization
(http://www.cenelec.org/cenelec/homepage.htm)
ETSI, European Telecommunications Standards Institute (http://www.etsi.org/)
CEN, European Committee for Standardization, handling all other standards
(http://www.cen.eu/cenorm/index.htm)
Standards are created or modified by experts in Technical Committees or Working Groups.
The members of CEN and CENELEC are the national standards bodies of the member states,
which have ‘mirror committees” that monitor and participate in ongoing European
standardization. CEN and CENELEC standards are sold by the individual Member States
standard bodies. ETSI is different in that it allows direct participation on its technical
committees from non-EU companies that have interests in Europe and gives away its
individual standards at no charge on its website. In addition to the three standards developing
organizations, the European Commission plays an important role in standardization through
its funding of the participation in the standardization process of small and medium sized
companies and no-governmental organizations, such as environmental and consumer groups.
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The Commission also provides money to the standard bodies when it mandates standards
development to the European Standards Organization for harmonized standards that will be
linked to EU technical Regulations. In the last year, the Commission began listing their
mandates on line and they can be seen at
http://ec.europa.eu/enterprise/standards_policy/mandates/.
All the EU harmonized standards, which provide the basis for CE marking, can be found on
http://www.newapproach.org/
Due to the EU’s vigorous promotion of its regulatory and standards system as well as its
generous funding for its business development, the EU’s standards regime is wide and deep
– extending well beyond the EU’s political borders to include affiliate members (countries
which are hopeful of becoming full members in the future) such as Albania, Bulgaria, Croatia,
FYR of Macedonia and Turkey. Another category, called “partner standardization bodies”
includes the standards organizations of Bosnia and Herzegovina, Egypt, Serbia and
Montenegro, Russia, Tunisia, the Ukraine and Australia, ahich are not likely to join the EU or
CEN any time soon, but have an interest in participating in specific CEN technical committees.
They agree to pay a fee for full participation in certain technical committees and agree to
implement the committee’s adopted standards as national standards. Many other countries
are targets of the EU’s extensive technical assistance program, which is aimed at exporting
EU standards and technical Regulations to developing countries, especially in the
Mediterranean and Balkan countries, Africa, as well as smaller programs for China and Latin
America.
To know what CEN and CENELEC have in the pipeline for future standardization, it is best to
visit their websites. CEN’s “business domain” page provides an overview by sector and/or
technical committee whereas CENELEC offers the possibility to search its database. ETSI’s
portal (http://portal.etsi.org/Portal_Common//home.asp) leads to ongoing activities.
With the need to adapt more quickly to market needs, European standards organizations
have been looking for “new deliverables” which are standard-like products delivered in a
shorter timeframe. While few of these “new deliverables” have been linked to EU Regulations,
expectations are that they will eventually serve as the basis for EU-wide standards.
Key link: http://www.cenorm.be/cenorm/workarea/sectorfora/index.asp
CONFORMITY ASSESSMENT
Conformity Assessment is a mandatory step for the manufacturer in the process of complying
with specific EU legislation. The purpose of conformity assessment is to ensure consistency
of compliance during all stages of the production process to facilitate acceptance of the final
product. EU product legislation gives manufactures some choice with regard to conformity
assessment, depending on the level of risk involved in the use of their product.
These range from self-certification, type examination and production quality control system, to
full quality assurance system. You can find conformity assessment bodies in individual
Member State country in this list by the European Commission.
Key link: http://ec.europa.eu/enterprise/newapproach/nando/
To promote market acceptance of the final product, there are a number of voluntary
conformity assessment programs. CEN’s certification systems are the Keymark, the CENCER
mark, and the European Standard Agreement Group. CENELEC has its own initiative. ETSI
does not offer conformity assessment services.
PRODUCT CERTIFICATION
To sell products on the EU market of 25 Member States as well as Norway, Liechtenstein and
Iceland, Thai exporters are required to apply CE marking whenever their product is covered
by specific product legislation. CE marking product legislation offers manufacturers a number
of choices and requires decisions to determine which safety/health concerns needs to be
addressed, which conformity assessment module is best suited to the manufacturing process,
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and whether or not to use EU-wide harmonized standards. There is no easy way for Thai
exporters to understand and go through the process of CE marking, but hopefully this section
provides some background and clarification.
Products manufactured to standards adopted by CEN, CENELEC and ETSI, and published in
the Official Journal as harmonized standards, are presumed to conform to the requirements of
EU Directives. The manufacturer then applies the CE marking and issues a declaration of
conformity. With these, the product will be allowed to circulate freely within the EU. A
manufacturer can choose not to use the harmonized EU standards, but then must
demonstrate that the product meets the essential safety and performance requirements.
Trade barriers occur when design, rather than performance, standards are developed by the
relevant European standardization organization, and when Thai companies do not have
access to the standardization process through an European presence.
The CE marking address itself primarily to the national control authorities of the Member
States, and its use simplifies the task of essential market surveillance of regulated products.
Although CE marking is intended primarily for inspection purposes by Member State
inspectors, the consumer may well perceive it as quality mark.
The CE marking is not intended to include detailed technical information on the product, but
there must be enough information to enable the inspector to trace the product back to the
manufacturer or the authorized representative established in the EU. This detailed information
should not appear next to the CE marking, but rather on the declaration of conformity, the
certificate of conformity (which the manufacturer or authorized agent must be able to provide
at any time, together with the products technical file), or the documents accompanying the
product.
ACCREDITATION
Independent certification bodies, known as notified bodies, have been officially accredited by
competent authorities to test and certify to EU requirements.
Accreditation is handled at Member State level. “European Accreditation”
(http://www.european-accreditation.org/default_flash.htm) is an organization representing
nationally recognized accreditation bodies. Membership is open to nationally recognized
accreditation bodies in countries in the European geographical area that can demonstrate that
they operate an accreditation system compatible with EN45003 or ISO/IEC Guide 58.
PUBLICATION OF TECHNICAL REGULATIONS
The Official Journal is the official gazette of the European Union. It is published daily and
consists of two series covering draft and adopted legislation as well as case law, questions
from the European Parliament, studies by committees, and more (http://europa.eu.int/eurlex/lex/JOIndex.do?ihmlang=en). It lists the standards reference numbers linked to legislation
(http://www.newapproach.org/Directives/DirectivesList.asp).
National technical Regulations are published on the Commission’s website
http://ec.europa.eu/comm/enterprise/tris/ to allow other countries and interested parties to
comment.
Member countries of the World Trade Organization (WTO) are required under the Agreement
of the Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed
technical Regulations that could affect trade with other member countries.
I.V LABELLING AND MARKING REQUIREMENTS
Manufactures should be mindful that, in addition to the EU’s mandatory and voluntary
schemes, national voluntary labeling schemes might still apply. These schemes may be
highly appreciated by consumers, and thus , become unavoidable for marketing purposes.
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Manufacturers are advised to take note that all labels require metric units although dual
labeling is also acceptable until end of December 2009. The use of language on labels has
been the subject of a Commission Communication, which encourages multilingual information,
while preserving the right of Member States to require the use of language of the country of
consumption.
The EU has mandated that certain products be sold in standardized quantities. Council
Directive 80/232/EC provides permissible ranges of nominal quantities, container capacities
and volumes for a variety of products. Please note that this legislation is currently being
reviewed in an effort to simply it.
Key link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31980L0232:EN:HTML
THE ECO-LABEL
EU legislation in 1992, revised in 2000, distinguishes environmentally friendly products and
services through a voluntary labeling scheme called the Eco-label. Currently, the scheme
applies to 7 product groups: cleaning products, appliance, paper products, clothing, lubricants,
home and garden products and tourism services. The symbol, a green flower, is a voluntary
mark. The Eco-label is awarded to producers who can show that their product is less harmful
to the environment that such similar products.
His “green label” also aims to encourage consumers to buy green products. However, the
scheme does not establish ecological standards that all manufacturers are required to meet to
place product on the market. Product without the EU Eco-label can still enter the EU as long
they meet the existing health, safety, and environmental standards and Regulations.
The EU Eco-label is a costly scheme (up to EUR 1,300 for registration and up to EUR
25,000/year for the use of the label, with a reduction of 25 percent for SMEs) and has
therefore not been widely used so far. However, the Eco-label can be a good marketing tool
and, given the growing demand for green products in Europe, it is likely that the Eco-label will
become more and more a reference for green consumers.
Key links:
http://ec.europa/comm/environmental/ecolabel/index_en.htm
http://www.eco-label.com
In June 2005, the European Commission tabled a Communication designed to launch a
debate on the best way ahead regarding the eco-labeling of fisheries products. This initiative
follows the growing interest by environmental Non-Governmental Organizations and
increased public interest in food products associated with considerations related to
environmental sustainability. A number of eco-labeling schemes have already been
established with regard to fisheries products and other initiatives are being developed. It is not
always easy to establish how reliable some eco-labeling claims are. International guidelines
on eco-labeling have recently been adopted by the Food and Agriculture Organization (FAO)
(www.fao.org) and discussions on these issues and their potential effects on free trade areas
are progressing in other international for a such as the World Trade Organization (WTO)
(www.wto.org).
Companies selling a broad a range of electrical goods in Europe are required to comply with
the Waste Electrical and Electronic Equipment Directive (WEEE) and since July 2006 they
need to conform to the Restriction of Use of certain Hazardous Substances Directive (RoHS).
One of the requirements is that electrical goods be marked so that consumers do not put
them in with municipal waste.
Manufacturers and distributors should be aware of specific requirements regarding the
labeling and traceability of foodstuffs, including seafood, which are covered by several EU
regulations:
•
Regulation 178/2002/EC
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•
•
•
•
Directive 2000/13/EC, last amended by Directive 2003/89/EC as regards
indication of the ingredients present in foodstuffs
Commission Directive 2005/26/EC
Council Regulation 104/2000/EC (seafood)
Commission Regulation 2065/2001/EC (seafood, only for retail channels)
I.VI STANDARD TRADE AGREEMENTS
Italy has been a member of the European Union (EU) since its inception. The EU is a union of
twenty-five independent states based on the European Communities founded to enhance
political, economic and social cooperation. The EU forms a large unified market having free
trade among the member states. It levies a common tariff on imported products coming from
non-EU countries such as the United States, Japan and Canada.
The EU also has a common agricultural policy, joint transportation policy and free movement
of goods and capital within the member states. Other aspects of commercial activity are being
harmonized, such as financial markets, insurance regulation and pension programs.
The EU grants tariff preferences to more than 100 developing countries and about 40
overseas territories under the EU’s Generalized System of Preferences (GSP). Imports of
nearly all semi-manufactured goods originating in these countries and territories enter the EU
duty free. Annual duty-free quotas are established for those products, and a system with
certificates of origin has been established to ensure that third parties through the GSP
countries do not divert goods. The GSP User’s Guide (yet to be updated with the recent
changes) explains the main features of the GSP:
http://europa.eu.int/comm/trade/issues/global/gsp/gspguide.htm
Free trade agreements have been developed between the European Union and the European
Economic Area (EEA), which included Norway, Iceland and Liechtenstein.
Under the terms of these agreements, most industrial products and certain processed
agricultural products are exempt from import duties if exchanged within this trading bloc. The
result of the agreements reached between the EU members and the EEA members is an
open trading area for most industrial products between 19 nations, encompassing population
of 380 million, soon to grow even larger as the EU expands.
For a list of trade agreements with the EU and its Member States, as well as concise
explanations, please see http://tcc.export.gov/Trade_Agreements/index.asp
II. BUSINESS OPPORTUNIES IN ITALY
Auto Components - Many of the opportunities in this sector relate directly to Italy’s major car
manufacturer, Fiat Group, across the whole range of components as the company begins to
recognize Thai capability. Apart from Fiat, the best prospects for overseas suppliers include
components and accessories for 4WD vehicles and pick-ups, sport utility vehicles, alternative
fuels (especially gas or organic) and fuel additives
Cosmetics and Toiletries - Opportunities exist in the areas of hair care products, pre- and
after-shave products, perfumes, eau de perfume, eau de toilette, and eau de cologne, lip care
products, moisturizers and cleansers as well as personal hygiene (soaps, deodorants, etc)
Since Italy imports virtually all its raw materials, it is possible to supply Italian manufacturers
with ingredients such as aloe vera, lavender, and essential oils. There are also good
prospects for products that distinguish themselves from what is already available on the
Italian market, e.g. tea-tree and eucalyptus-based products. However, the packaging must be
of good quality and stylish design.
Flowers and Plants - The main opportunities in Italy's flower and plant industry include cut
flowers and foliage for arrangement, indoor and outdoor plants, shrubs and trees
11th February 2551
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Food and Beverages - Thai fruit and vegetables exporters have excellent opportunities for
supplying Italy in the off-season. The best opportunities for Thai suppliers are in seafood,
alternative meat varieties, exotic fruit, herbs and vegetables and organic and natural foods e.g.
rice and cane sugar.
Information and Communications Technology - Currently, the best prospects for IT in Italy
are E-government, E-security, E-learning and E-commerce (B2B and B2C).Another area
offering good prospects for Thai companies is multimedia products and services. However,
CD-ROMs need to be translated into Italian and adapted to specific local needs. Italy has a
shortfall of specialist ICT consultants, which means that there could be opportunities for Thai
companies to provide night-and-day services from Thailand, or in Italy.
Good opportunities exist for exporters and service providers in the telecommunications sector
include value-added services for mobile telephony, services for broadband technology and
services for wireless fidelity (WiFi) technology.
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III. ITALIAN TRADE FAIR
There are more than one thousand venues taking place in Italy: 195 international events, 422
national and 113 at a regional level: all information about these venues can be found on
AEFI's web site. Economic categories represented are 27 besides the trade fairs.
These figures highlight the importance of the national trade fairs system.
It is a system based upon the industrial structure of our country, which looks at the sector
specialization and to the peculiarity of district as a starting point for its development and for its
international grandeur.
In recent years the Italian trade fairs system has been involved in many changes: growth
plans, juridical transformation of the trade fairs Bodies in Spa, decentralization of the
competences regarding trade fairs and exhibitions at a regional level.
Gathering articles, researches, studies, gatherings specifically carried out give organizers and
users of the Italian trade fairs system the chance to be constantly updated on the
developments.
BERGAMO FIERA NUOVA
S.p.A.
via Pasubio, 5
24044 - Dalmine (Bg)
Tel. 035/6224202 Fax 035/6224200
Email [email protected]
Web www.bergamofieranuova.it
BOLOGNAFIERE S.p.A.
Viale della Fiera 20
40128 Bologna
Tel. 051/282111 Fax 051/282332
E-mail [email protected]
Web www.BolognaFiere.it
BRIXIA EXPO
Immobiliare Fiera di Brescia
S.p.A.
Via Caprera 5 - 25125 Brescia
Tel. 030/3463470
Fax 030/3463480
Web www.brixiaexpo.it
CARRARAFIERE S.r.l.
Viale Galileo Galilei 133
Marina di Carrara - 54033 Carrara
Tel. 0585/787963
Fax 0585/787602
Web www.carrarafiere.com
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CENTRO AFFARI E CONVEGNI
Via Spallanzani 23 - 52100 Arezzo
Tel. 0575/9361 Fax 0575/383028
Webwww.centroaffariarezzo.it
CESENA FIERA S.p.A.
Via Dismano 3845
47020 Pievesestina di Cesena (FC)
Tel. 0547/317435
Fax 0547/318431
Web www.cesenafiera.com
CREMONA FIERE S.p.A.
P.zza Zelioli Lanzini 1
Località Cà Dé Somenzi
26100 Cremona
Tel. 0372/598011
Fax 0372/453374
Web www.cremonafiere.it
E. A. FIERA DEL LEVANTE
Lungomare Starita 13 - 70123 Bari
Tel. 080/5366111
Fax 080/5366486
[email protected]
Web www.fieradellevante.it
E.A. FIERA DEL
MEDITERRANEO
Via Anwar Sadat 13
90142 Palermo
Tel. 091/5000111, Fax 091/5000148
Web www.fieramediterraneo.it
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E.A. FIERA DI FOGGIA
Corso del Mezzogiorno
71100 Foggia
Tel. 0881/3051 Fax 0881/305305
Web www.fieradifoggia.it
E.A. FIERA DI MESSINA
Viale della Libertà - 98100 Messina
Tel. 090/364011 Fax 090/5728818
Web www.fieramessina.it
E.A. FIERA DI TRIESTE
P.le De Gasperi 1 - 34139 Trieste
Tel. 040/9494111 Fax 040/393062
Web www.fiera.trieste.it
E.A. PER LE FIERE DI
VERONA
Via del Lavoro 8 - 37100 Verona
Tel. 045/8298111
Fax 045/8298288
Web www.veronafiere.it
E.R.F.
Ente Regionale Fieristico
Largo Fiera della Pesca 11
60125 Ancona
Tel. 071/58971 Fax 071/5897213
Web www.erf.it
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FERRARA FIERE CONGRESSI
S.r.l.
Via della Fiera 11 - 44100 Ferrara
Tel. 0532/900713
Fax 0532/976997
Web www.ferrarafiere.it
FIERA BOLZANO S.p.A.
MESSE BOZEN AG
Piazza Fiera 1 - MessePlatz 1
39100 Bolzano
Tel. 0471/516000
Fax 0471/516111
Web www.fierabolzano.it
FIERA DI FORLI S.p.A.
Via Punta di Ferro 2
47100 Forlì
Tel. 0543/793511
Fax 0543/724488
Web www.fieraforli.it
FIERA DI GENOVA S.p.A.
P.le Kennedy 1 - 16129 Genova
Tel. 010/53911 Fax 010/5391270
Web www.fiera.ge.it
FIERA DI ROMA S.p.A.
Via dell'Arcadia 2 - c/o Palafiera
00147 Roma
Tel. 06/5178582 Fax 06/5178585
Web www.fieradiroma.it
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FIERA DI VICENZA S.p.A.
Via dell'Oreficeria 16
36100 Vicenza
Tel. 0444/969111
Fax 0444/563954
[email protected]
Web www.vicenzafiera.it
FIERA INT. DELLA SARDEGNA
Via A. Diaz 221 - 09126 Cagliari
Tel. 070/34961 Fax 070/3496310
Web www.fieradellasardegna.it
FIERA MILANO S.p.A.
Strada statale del Sempione, 28
20017 Rho - (MI)
Tel. 02/4997.1
Fax 02/4997.7379
Email [email protected]
Web www.fieramilano.com
FIERA MILLENARIA DI
GONZAGA S.r.l.
Via Fiera Millenaria, 13
Gonzaga (MN)
Tel. 0376/58098 Fax 0376/528153
Web www.fieramillenaria.it
FIERE DI PARMA S.p.A.
Via F. Rizzi 67/A
43031 Baganzola (PR)
Tel. 0521/9961 Fax 0521/996319
Web www.fiereparma.it
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FIERE DI PESARO S.r.l.
Via delle Esposizioni 33
61100 Pesaro
Tel. 0721/40681 Fax 0721/25300
[email protected]
Web www.fierapesaro.com
FIRENZE FIERA S.p.A.
Congress & Exhibition Center
Via Leone X, 3 - 50129 Firenze
Tel. 055/49721 Fax 055/4972206
Web www.firenzefiera.it
LARIO FIERE
Centro Espositivo e
Congressuale
Viale Rasegone 20
22036 Erba (Co)
Tel. 031/6371 Fax 031/637403
Web www.lariofiere.com
LINGOTTO FIERE PROMOTOR
INTERNATIONAL S.p.A.
Via Nizza 294 - 10126 Torino
Tel. 011/6644208 Fax 011/6646648
Web www.lingottofiere.it
LONGARONE FIERE S.r.l.
Via del Parco 3
32013 Longarone (Bl)
Tel. 0437/577577 Fax 0437/770340
Web www.longaronefiere.it
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MODENA ESPOSIZIONI S.r.l.
Viale Virgilio 58/B - 41100 Modena
Tel. 059/848380-848899-848673
Fax 059/848790
Web www.modenafiere.it
MOSTRA D’OLTREMARE
S.p.A.
P.le V. Tecchio 52 - 80125 Napoli
Tel. 081/7258000 Fax 081/7258009
Web www.mostradoltremare.it
PADOVA FIERE S.p.A.
Via N.Tommaseo 59
35131 Padova
Tel. 049/840111 Fax 049/840570
Web www.padovafiere.it
RIVA DEL GARDA
FIERECONGRESSI S.p.A.
Loc.tà Parco Lido
38066 Riva del Garda (TN)
Tel. 0464/520000 Fax 0464/555255
Web www.rivadelgardafierecongressi.it
PIACENZA FIERE S.p.A.
SS. 10 Loc. Le Mose
29100 Piacenza
Tel. 0523/602711 Fax 0523/602702
Web www.piacenzafiere.it
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PORDENONE FIERE S.p.A.
Viale Treviso 1 - 33170 Pordenone
Tel. 0434/232111
Fax 0434/570415
Web www.fierapordenone.it
RIMINI FIERA S.p.A.
Via Emilia 155 - 47900 Rimini
Tel. 0541/744111 Fax 0541/744200
Web www.riminifiera.it
SIPER
FIERE DI REGGIO EMILIA S.r.l.
Via Filangeri 15
42100 Reggio Emilia
Tel. 0522/503511 Fax 0522/503555
Web www.fierereggioemilia.it
UDINE E GORIZIA FIERE S.p.A.
Via Cotonificio 96
33030 Torreano di Martignacco(Ud)
Tel. 0432/4951 Fax 0432/401378
Web www.udinegoriziafiere.it
UMBRIA FIERE S.p.A.
Piazza Moncada 1- Centro Fieristico
06083 Bastia Umbra (Pg)
Tel. 075/8004005 Fax 075/8001389
Web www.umbriafiere.it
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VILLA ERBA S.p.A.
Largo L. Visconti 4
22012 Cernobbio (Co)
Tel. 031/3491 Fax 031/340540
[email protected]
Web www.villaerba.it
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INVEST IN ITALY
I. NEW BUSINESS ENVIRONMENT
Foreign companies looking to invest in Italy have the same kinds of choices and guarantees
for setting up business that other leading developed countries offer.
Following a thorough reform of Italian business law in early 2003, the legal framework for
companies can now be considered one of the most modern and dynamic in Europe. The
reform amended and supplemented portions of the Italian Civil Code (ICC) and modified
Italy's Unified Rules on financial intermediation (Law 58/1998, known as the 'TUF') which now
include specific provisions for listed companies.
The TUF has been significantly amended by means of law no. 262 dated December 28, 2005
which provides rules aimed to safeguard savings.
Overall the 2003 reform successfully introduced:
•
•
•
Changes to the structure of commercial companies (Joint Stock Company, Limited
Liability company) which simplify and speed up the procedures for establishing a
business
New financial instruments for companies to create special categories of shares
New rules providing greater flexibility and choice in corporate governance
Corporate responsibility for groups clarifying issues related to liability, transparency and
publicity.
II. BUSINESS SOLUTIONS
Prospective foreign investors wanting to set up a business in Italy may either:
•
•
establish a representative office, Branch; or
incorporate a company with a more permanent presence.
It may also set up a representative office to explore local marketing and business
opportunities and later decide to incorporate a company.
Foreign investors that prefer to establish a more stable organization may incorporate a
company.
The joint stock company (società per azioni) and limited liability company (società a
responsabilità limitata) are the most common types.
For both, liability for social obligations is limited to the company's corporate assets.
III. REPRESENTATIVE OFFICE & BRANCH
Foreign companies intending to establish a representative office must comply with certain
formalities at local Company Registries. The following information should be filed: corporate
details of the representative office, personal details of the individual(s) accountable for the
representative office, together with the responsible Company Registry. Failing to comply, the
individual(s) accountable for the representative office are personally liable, without limitation,
for the office's obligations.
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III.I BRANCH OFFICE
Foreign investors not intending to incorporate an Italian subsidiary may conduct their
business in Italy through a branch office. It's considered as a permanent establishment and is
consequently subject to corporate income tax and must keep proper books and file its VAT
returns as well as the annual financing statement of the parent company including profit and
loss accounts.
The following documents are required to register a branch office in Italy:
•
•
•
•
Certified copy of the deed of incorporation and by-laws of the parent company
Certificate of good standing of the parent company
Application for the VAT number of the branch and for the tax code number of the
legal representative of the parent company and of the manager
Registration of the deed of deposit in an official foreign Companies' Register of
chamber of Commerce.
EVERYTHING FOR ESTABLISHING AND MAINTAINING A BUSINESS AVAILABLE
ON LINE
In Italy, all businesses must be registered in a specific list (the “Registro delle Imprese”,
Commercial Register) held by the local Chamber of Commerce.
It is sufficient to sign an agreement with the Chamber of Commerce in order to absolve on
line all the administrative fulfillments through the “Telemaco” IT System. Registered users
have access to software which allows rapid and simple preparation of requests for registration
and modifications to the existing registrations with the Commercial Register. Telemaco also
allows access to much of the information managed by the Chamber of Commerce. Further
information on the service is available from www.infocamere.it and
www.cameradicommercio.it sites.
The site of the Ministry for Productive Activity (www.mindustria.it) offers research,
documentation, statistical data and other information (for example, on localization contracts).
Other information for businesses is available from www.sviluppoitalia.it, the website of
Sviluppo Italia, the national agency for business development and the attraction of
investments, which is also responsible for promoting new investments in Italy, with particular
reference to the South and to under-used areas of Central and Northern Italy with strong
development potential. The agency acts as a single voice for the management and
coordination of every stage of the process of establishment: from the identification of
localization opportunities to the support for the implementation of the project, from assistance
in relations with public administration and Governmental institutions to the direct granting of
concessions, up to and including after care services.
A Single Office for Productive Activity (“Sportello Unico per le Attivita’ Produttive”-SUAP) has
been activated in 69% of Italian municipalities, where those entrepreneurs who plan to start
up a new business can request information and fulfill the necessary obligations, without
having to contact separately all the government offices involved. The Single Office simplifies
procedures and reduces the time and costs involved in business start up. More information
can be obtained from the websites of individual municipalities (a list of which can be found at
www.finanze.gov.it ) and on www.formez.it .
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IV. TYPES OF COMPANIES
IV.I Joint Stock Options (Societa’ per Azioni – SpA.)
An S.p.A. has autonomous legal personality and is therefore a separate entity from its
shareholders. It has its own assets and resources, on which its creditors must rely completely
for redress. The participation of stockholders is represented by shares of stock.
Incorporation
One may establish an S.p.A. either by executing a contract or by the unilateral act of a single
shareholder. An S.p.A. can also be participated by partnerships (provided they are not
informal partnerships) or by other S.p.A.s. The minimum equity capital required is 120,000
Euro. There is no limit on the company's lifetime.
Incorporation Procedure
A summary of the main steps:
•
•
•
•
•
•
executing contract (or unilateral act) with articles of association and bylaws, in the
form of a notarial public deed
full underwriting of the equity capital
bank deposit of one fourth of the financial contribution or the entire contribution in
case of unilateral formation
checking for special legal requirements, e.g., government authorization for activities
envisaged by the company
checking with the Notary Public about the essential conditions required, by law, to
form the company
filing by the Notary Public of all documentation with the Company Registry within 20
days of the signing of the articles of association.
Contributions
Contributions can be in money, in kind and/or by assignment of credits, of which, the latter
two must be paid in full when underwriting the corresponding shares. A designated expert of
the competent territorial court estimates the contributions and renders sworn statements
regarding their value.
Shareholders Agreements
These bind signatory shareholders only, and may cover:
•
•
•
voting trusts concerning the exercise of voting rights in the company or its
subsidiaries
selling syndicates limiting the transfer of shares in the company or in its subsidiaries
agreements for exercising a dominant influence over the company or its subsidiaries.
The maximum duration of shareholders agreements is five years renewable. If the duration is
unlimited, participants may withdraw giving six-months prior notice.
IV.II Limited Liability Company (Societa’ a Responsabilita’ Limitata – Srl)
Quotas represent the extent of member participation. The SRL is accountable with its own
assets for the obligations it undertakes.
The minimum capital required is 10,000 Euro.
Incorporation
The SRL can have unlimited duration. Contributions include money and, depending on the
articles of association, any items of economic value including services supplied by quota
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holders, if adequately guaranteed.
Upon formation, each quota holder shall pay in one fourth of his/her money contribution and
the full premium.
The articles of association and the bylaws shall be in the form of notarial deeds.
Limited liability company with sole quota holder
A sole quota holder SRL requires a unilateral deed, full payment of the capital contribution,
and certain disclosure requirements.
Should a sole quota holder acquire an existing, non-sole quota holder SRL, he/she shall
disclose publicly the changes of quota holders and cover outstanding contributions.
During insolvency, sole quota holders are liable without limitation if contributions remain
unpaid or disclosure requirements about them are incomplete.
Funding
The SRL may receive financing from quota holders. Reimbursement ranks after repaying the
company's creditors. Any reimbursement made within the year preceding a bankruptcy
declaration must be returned. Issuing bonds is allowable under the articles of association if
subscribed to only by professionals investors.
IV.III Other types of company
General partnerships (società in nome collettivo)
All members of the SNC are jointly and severally liable for the obligations assumed by the
company. Nonetheless, creditors of the SNC cannot claim payments from the members until
after all remedies against the SNC have been exhausted.
The SNC, although it is not a legal person (it is not incorporated), can to certain extents be
regarded as an autonomous entity distinguished from its members.
Limited partnerships (società in accomandita semplice) both having unlimited liability for the
partners.
General members are jointly and severally liable without limits for the obligations of the
partnership whilst silent partners are only liable to the extent of their contributions.
The business name must consist of at least the name of a general partner, and a mention of
the limited partnership status. The rules governing the general partnership are applicable to
the limited partnership insofar as they are compatible with this model. The article of
association must include the names of the general members as well as those of the silent
partners.
Partnership limited by shares (società in accomandita per azioni)
There are two categories of members: general partners, who are liable jointly and severally
liable without limitation for the partnership obligations, and special partners who are liable
within the limit of subscribed capital. Creditors of the SAPA cannot claim payments from the
general partners until after all remedies against the company have been exhausted.
Participations are represented by shares. General partners are directors by operation of law
and are subject to the same duties as the directors of an S.p.A.. Rules concerning the
Shareholder Meeting and the Board of Statutory Auditors of the S.p.A. are also applicable, to
the extent compatible, to the SAPA.
V. GROUPS OF COMPANIES
After the 2003 reform of business law in the Italian Civil Code (ICC) the concept of the 'group'
and its ties to companies changed considerably.
A Group is not an autonomous legal entity.
Direction of the companies in a Group may follow a common economic strategy but are
distinct from each other as well as the Group. Each company is subject to the laws for the
model under which it is incorporated.
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Parent company resolutions do not, therefore, directly affect subsidiaries or controlled
companies even if intended for direction and coordination.
Nevertheless, the group's interests can be pursued through acts, which may initially affect the
interest of the subsidiary. The final result of the group's act, however, must eventually favor
the individual subsidiary.
Duties of Parent Companies
Parent companies must disclose publicly financial information and other sensitive data
regarding subsidiaries, controlled companies and affiliated entities.
Parent companies are liable towards shareholders and creditors of their subsidiaries and
controlled companies if such companies are mismanaged.
Duties of Subsidiaries
Subsidiaries and controlled companies must make public their links with the group's other
companies and the parent company's powers of direction and coordination, as recorded at
the Company Registry.
They must also explain the reasoning behind any of their decisions derived from their
dependence on a group. Shareholders of subsidiaries or controlled companies may withdraw
from the company under specific circumstances.
VI. LITIGATION-CORPORATE PROCEEDINGS
Dispute Resolution
The 2003 reform of the Italian Civil Code (ICC) amended comprehensively dispute resolution
mechanisms for corporate disputes.
Out of Court Conciliation Procedure
This procedure is chaired by a private or public entity registered with the Ministry of Justice. It
does not prevent the parties having recourse to ordinary courts. Should the court believe the
relevant bylaws to be broken, it may suspend the trial and fix a term for filing the conciliation
request.
Special Judiciary Proceeding
There are two special procedures, ordinary and summary, for corporate disputes within the
ordinary judicial procedure. The competent court has jurisdiction to deal with these specific
procedures.
Arbitration
The ICC reform amended arbitration clauses in company bylaws dealing exclusively with
corporate matters. Disputes over the courts' mandatory interventions during the lifetime of a
company and public interest pursued by companies are excluded from arbitration.
The reform also amended the terms for appointing arbitrators, precautionary measures,
incidental questions, intervention of third parties, and appealing against international
arbitration.
There is also a simplified arbitration procedure for disputes arising among the managing
members of SRLs and partnerships about the company's management.
VII. BANKRUPTCY
Failure by a company to meet its obligations may result in bankruptcy proceedings.
The 'Italian Bankruptcy Law' provides pre-liquidation, rehabilitation, or moratorium procedures
aimed, providing certain conditions are met, at avoiding bankruptcy.
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The bankruptcy procedure
There are two pre-requisites for bankruptcy proceedings:
•
•
It involves a commercial entrepreneur, whether an individual or a company; and
It must be in a state of insolvency.
Insolvency occurs when a business cannot pay its due debts by ordinary means, and the
situation is permanent and not a temporary difficulty.
Bankruptcy proceedings are unavoidably collective because they concern all a debtor’s
assets, and the interests of all the creditors. Equality of treatment applies to creditors, subject
only to cases of legal priority.
During the bankruptcy procedure certain categories of the business’s acts or contracts may
be subject to claw back actions, provided that certain requirements are met.
Such requirements have been recently amended following the coming into force of Law
Decree no. 35 dated March 14 2005 converted by Law no. 80 dated May 14 2005 which has
widened number of acts which may not be subject of claw back actions.
On January 9 2006 the Italian Government has enacted a legislative decree aimed to reform
the regulation applicable to bankruptcy procedures. Such decree whose provisions shall
entirely come into force in June 2006 provides for the following changes:
•
•
•
•
•
•
•
•
•
•
•
•
the acceleration of bankruptcy legal proceedings;
to enlarge the competences of the creditors committee;
to amend the personal consequences of the bankruptcy;
to amend the effects of the revocation;
to reduce the term of exercise of claw back action; to modify the consequences of
bankruptcy on the existing legal relationships including on the assets destined to a
specific project;
to modify the regulation of the provisional carry out of the business of the bankrupt
company;
to modify the debts assessment procedure, reducing the timing and simplifying the
regulation applicable to the claims filing;
the preparation by the receiver of a restructuring plan containing the timing and
modalities envisaged for the liquidation of the assets;
to modify the allocation of the assets reducing the timing of the procedure and
simplifying the fulfilments associated thereof;
to amend the rules applicable to bankrupt composition (concordato fallimentare)
reducing the timing and envisaging the subdivision of the creditors into classes;
to introduce the debts discharge;
to abrogate the summary bankruptcy procedure and moratorium (amministrazione
controllata).
Pre-liquidation procedures
Italian bankruptcy Law provides three special instruments for pre-liquidation, rehabilitation,
and moratorium procedures, which enable a debtor to avoid a bankruptcy declaration:
•
•
Composition or deed of arrangement (Concordato preventivo): Available to
companies and individuals in business and supervised by the courts. The debtor
enters into a deed of arrangement with its creditors for settling its outstanding debts
through available assets.
Moratorium (Amministrazione controllata): Available to companies in temporary
financial difficulties, when a moratorium is likely to enable it to reorganize its business.
Supervised by the courts, a moratorium may last a maximum two years. The courts
may terminate it at any time should the commissioner appointed by the Court report
that the procedure no longer protects the interests of the creditors.
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•
Arrangement for debt restructuring (Accordi di ristrutturazione dei debiti): Available
to individuals and companies it is constituted by an arrangement reached between
the debtor and creditors representing at least 60% of the receivables towards the
debtor.
The agreement should be filed with the competent companies' register and must be
homologated by the Court.
Special procedures apply to particular types of companies:
•
•
Compulsory administrative liquidation (Liquidazione coatta amministrativa)
This procedure applies to certain types of businesses depending on both the sector
and number of employees, eg, insurance companies, credit institutions and cooperative societies.
Extraordinary administration (Amministrazione straordinaria)
This particular insolvency procedure applies to industrial and commercial enterprises
with 200 employees or more and whose debts amount to no less than two-thirds both
of the assets and of income derived from the latest financial year.
VIII. INTELLECTUAL AND PROPERTY RIGHTS
A SECURE SETTING FOR INNOAVATION
Foreign companies investing in the Italian market can rely on the same legal protection of
intellectual property rights (IPR) granted to Italian companies. These rights extend to all
the key areas - patents, trademarks, copyright, and designs - that companies are used to
enjoying in their home countries.
The foundations of this legal certainty rest on Italy's membership of and respect for all the
leading international agreements on IPR.
As a founder member of the European Union, Italy is at the forefront of European IPR
developments and has some of the most modern and up-to-date intellectual property
practices in the world.
Recent innovations include introducing new measures to combat counterfeiting, protection for
internet-related intellectual property, merging and simplifying patent and trademark rules, and
the advent of online filing options for claims.
PATENT LAW
Under the Italian system, one may patent new products or processes in any technological
field.
One may not, however, patent methods for human or animal therapy, plant varieties, or
essentially biological methods for producing plants or breeding animals.
To be patented, any filed invention must have the following features:
•
•
•
An industrial application: in one or more sectors
A novelty: the filing party must not disclose any information before the filing date of
the patent application
An inventive step: the invention must represent a technological advance that would
be non-obvious to an expert in the relevant field of industry.
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The filing of an Italian patent can represent the basis for a claim in any member country of the
Paris Convention: http://www.bitlaw.com/source/treaties/paris.html
TRADEMARK LAW
Italy's trademark system grants trademark owners the exclusive right to use new, lawful and
distinctive signs capable of graphical representation.
This includes the right to request custom seizure of any counterfeited good, as set down
in the TRIPs Agreement.
Under Italian law, three-dimensional signs, graphically represented sounds, color
combinations and original shades of colors are also enforceable marks.
Using symbols to indicate that the trademark has been filed or is registered is not mandatory
under Italian law.
A trademark enjoys protection once filed with the Italian Patent and Trademark Office.
Protection is also granted to non-registered trademarks, according to the Paris Convention
(http://www.bitlaw.com/source/treaties/paris.html) on unfair competition.
Trademarks are valid for ten years from the filing date, renewable for an unlimited number
of subsequent ten-year periods.
The international classification of goods and services in Italy is based on the Nice Agreement
system (http://www.epa.ee/eng/treaties/nice.htm).
One may transfer or license a trademark for all or part of the goods and/or services related to
it.
COPYRIGHT LAW
Italy's copyright law is based on the principles of the Berne Convention
(http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html) for the protection of literary and
artistic works.
An author's original work is protected by copyright from the moment it is created. No
application or other formalities are required to enjoy intellectual property protection.
Copyright protected works of authorship include literary works, motion pictures, musical works,
sound recordings, software, data bases, architectural works, and drawings amongst others.
Protection lasts for the lifetime of the author plus a further seventy years; different
terms apply to secondary works of authorship.
DESIGN PROTECTION
A Design qualifies for protection if it is:
•
•
A novelty: no such design was available to the public before filing the application
An individual character: the overall impression it gives to an informed user must
differ from that of any other design publicly available before the application was filed.
Following registration, the design is protected for one or more periods of five years from
the filing date, renewable for a total of up to twenty five years.
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The registration of a design gives the holder the exclusive right of use (ie, to make, offer, put
on the market, import, export) and of preventing any third party from using it without their
consent.
RECENT DEVELOPMENT IN ITALY’S INTELECTUAL PROPERTY LAWS
In recent years, Italy has further increased the protection of intellectual property rights.
New provisions
Setting up of 12 Intellectual Property
Tribunals
Under Law Decree No. 168 of June 27, 2003, the Italian Government
has established 12 Intellectual Property Tribunals (‘Sezioni
Specializzate in material di Proprietà Intellettuale') in the following
major Italian cities: Bari, Bologna, Catania, Florence, Genoa, Milan,
Naples, Palermo, Rome, Turin, Trieste, Venice.
Adoption of EC Directive 29/2001 on
the harmonization of certain aspects
of copyright and related rights in the
information society (the "Information
Society Directive")
Italy was one of the first EU countries to amend its domestic copyright
laws to keep pace with the provisions of the recent Information
Society Directive, embodying the provisions of the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty of 1996.
Law Decree No. 68 of April 9, 2003 brought the changes into effect.
Setting up of the "Alto Comissariato
per la lotta alla contraffazione"
Law Decree March 14, 2005 converted by Law no. 80 dated 14 May
2005 established an Anti-counterfeiting committee to co-ordinate the
fight against piracy and counterfeited goods.
Administrative sanctions for individuals who put into the market
counterfeited goods have been increased by from Euro 1,032 up to
Euro 20,000.
"Made in Italy"
The 2004 Fiscal Law also recognized a new form of collective label to
distinguish and increase demand for Italian-produced goods worldwide. Using the "Made in Italy" label on non-Italian originating goods
and services is punishable by law. A National Fund of 35 million
Euros in 2004, 55 million in 2005, and 35 million in 2006 is available
to encourage Italian companies to adopt the label.
Further, in May 2002 the Italian Parliament granted the Government law-making powers to
reorganize and update the current patent and trademark rules into a "single law" (Testo
Unico).
On February 10, 2005 the Government has enacted Legislative Decree no.30/2005 (the
"Industrial Property Code") which provides for the following major changes to the previous
regulation:
•
•
•
•
•
•
•
the reorganisation in a single law of the regulation applicable to trademarks, patents
and designs;
the introduction of a wider definition of industrial property;
a reform of the regulation applicable to inventions created by employees and
physicians in research
the reorganization and the enlargement of the tasks entrusted with the Italian Patent
and Trademark Office (PTO);
a better definition of the competences of the 12 Intellectual Property Tribunals and
the application to legal proceedings relating to Industrial Property rights of dispute
resolution mechanisms and special procedures for corporate disputes approved in
2003;
stronger criminal sanctions for serious infringements of Industrial Property rights; and
new actions aimed to fight against piracy and counterfeiting goods.
The Industrial Property Code is already in force with the exception of the regulation applicable
to legal proceedings which will come into force in September 2005.
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The Industrial Property Code provides for a new definition of industrial property which
expressly includes also designations of origin (denominazioni d'origine) geographical
indications (indicazioni geografiche) and company confidential information. Company
confidential information are deemed those information which are secret within the meaning
they are not in their configuration known or easily accessible by experts in the same field of
activity, have an economical value due to their secrecy, are subject to adequate control
procedures aimed to keep such information as secret or which relate to tests conducted on
products before their marketing.
With reference to inventions created by employees in accordance with the Industrial Property
Code they belong to the employer so long as they relate to the tasks defined in the
employment contract and specific compensation is paid to the employee. If a specific
compensation for the invention is not envisaged by the employment contract and the
invention is created in the performance of the employment relationship the invention, if
patented, belongs to the employer but a fair compensation must be paid to the employee. If
the above conditions are not met and the invention relates to the field of activity of the
employer, the invention belongs to the employee but the employer is granted with an option
right to use on an exclusive or not exclusive basis or to purchase the invention.
In case an agreement is not reached between the employer and the employee on the amount
of the fair compensation or of the consideration for the invention, the assessment thereof is
made by an arbitrators panel.
Criminal sanctions related to the infringement of Industrial Property Rights are stricter.
Furthermore, in determining the amount of damages arising from a counterfeiting, the courts
shall be entitled to consider also the proceeds obtained by the counterfeiter and the royalties
he should have paid to be granted a license to use the Industrial Property Right infringed.
Furthermore a new definition of piracy has been introduced. Based on such new definition
piracy acts on Industrial Property Rights are deemed those acts which are carried out with
fraud and in a systematic way.
New legislation awaiting the Italian Parliament's approval in 2005, provides stronger
protection for internet domain names (already protected under current trademark laws).
The PTO will offer on-line users access to a new data base of Italian patents and trademarks
on file.
IX. INCENTIVES
At la glance
Incentives are subsidies disbursed by EU, national and local bodies. Their purpose is to
support entrepreneurial development, business creation, strengthen existing or recentlystarted initiatives, provide business-support services, and promote and integrate research,
innovation and training.
Many incentive opportunities are based on national laws to support investments that
encourage:
- creation of new and existing production plants (eg, Law 488/1992);
- investments in re-launching and production areas (eg, Law 181/89);
- local development (eg, Location Agreement);
- creation of special business typologies (eg, Decree 185/00);
- women entrepreneurship (Law 215/92);
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- research and technological innovation (Law 140/1997 and the PIA Innovazione1);
- agro-industry development (Law 266/97);
- new investments and new employment (Law 388/00, art. 7, 8).
Other opportunities arise from EU national programming documents, such as Regional
Operational Programs2 and Single Programming Documents3. These often specify investment
priorities in fields like research and technological innovation, training, development of local
entrepreneurship, and business creation.
1
Pacchetto Integrato di Agevolazioni
Programmi Operativi Regionali (POR)
3
Documento Unico di Programmazione (DOCUP)
2
How Incentives work
European funding
The European Union supports economic and social cohesion to bridge the development gap
between regions by means of ‘Structural Funds'.
Structural funds are made available through the European Regional Development Fund
(ERDF), the European Social Fund (ESF), the European Agricultural Guidance and
Guarantee Fund (EAGGF) and the Financial Instrument for Fisheries Guidance (FIFG).
These Structural Funds make up and finance multi-annual programs for the development of
European regions (so-called ‘programming') based on growth strategies drawn up by the EU
member states and the European Commission.
These funds support EU member states, including Italy, to carry out their economic policies:
• Promoting the development and structural adjustment of the less developed EU regions
(Objective 1 – see Map of Funding Areas in Italy)
• Supporting economic and social change of areas facing structural difficulties (Objective 2 –
see Map of Funding Areas in Italy)
• Promoting training and employment policies (Objective 3).
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Source: www.investinitaly.com
Eligible Areas
Objective 1 areas (art. 3.a of the EU Treaty) in southern Italy: Basilicata, Calabria, Campania,
Puglia, Sardegna and Sicilia. Molise temporarily benefits from Objective 1 status until the end
of a so-called ‘phasing-out support regime' (December 31, 2005).
Objective 2: some areas in central-northern Italy. Other Central-Northern areas temporarily
benefit from Objective 2 status until the end of a so-called "Phasing-out support regime"
(December 31, 2005).
Exception to art. 87.3.c) of the EU Treaty: it includes areas in Central-Northern Italy which,
regardless whether they are included in Objective 2 or not, are eligible for funding.
See eligible areas Province by Province: www.territori.sviluppoitalia.it (Italian only)
Who can benefit
In order to benefit from funds investors must apply to the relevant regional, national or
European bodies.
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As for national incentive schemes, funds are provided directly by institutions and bodies such
as the Ministry of Industry (MAP), Mediocredito Centrale (Credit Institution), Sviluppo
Italia (Italy's national agency for enterprise creation and inward investment development) and
the Ministry of Education and University Research (MIUR). In most cases, these bodies
make efforts to draw up integrated and favorable incentive packages for investors.
Regardless the type of incentive, investors cannot be granted a higher amount than the one
foreseen by the EU, according to geographical location and size of business .
For small amounts of financial aids that will not have a significant impact on competition
between member states, investors have to observe the ‘De minimis' rule, according to which
they may benefit from up to 100,000 Euro over a three year period. Such aid does not require
preliminary notification to the European Commission.
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Financing Rates and Requirements
Table 1. EU Aid intensities
This table provides a breakdown of the grants investors may benefit from in Italy. The level of
subsidy varies by business type and geographical location.
Areas
Beneficiaries
Aid intensities
NGE1 GGE2
Calabria
Campania
Puglia
Basilicata
Sicilia
Sardegna
Objective 1
Objective 1
In exception to
art. 87.3.a)
In exception to
art. 87.3.a)
In exception to
art. 87.3.c)
Molise
Phasing out
Objective 1
Objective 2
Abruzzo
and non Objective
Areas
Objective 2
Centre-North
Not in
exception to
art. 87.3.c)
In exception to
art. 87.3.c)
Not in
exception to
art. 87.3.c)
In exception to
art. 87.3.c)
Phasing out
Objective 2
and non Objective
Areas
Not in
exception to
art. 87.3.c)
SME4
Total net
equivalent3
50%
50%
15%
/
60%
50%
SME
35%
15%
45%
LE
35%
/
35%
SME
30%
/
30%
LE
20%
/
20%
SE
/
15%
10%
ME
/
7.5%
5%
LE
/
/
/
SME
20%
10%
27%
LE
20%
/
20%
SE
/
15%
10%
ME
/
7.5%
5%
LE
/
/
/
SE
8%
10%
15%
ME
8%
6%
12%
LE
8%
/
8%
SE
/
15%
10%
ME
/
7.5%
5%
LE
/
/
/
5
LE
1
NGE = Net Grant Equivalent. It expresses the benefit to the company at updated values (in % of
eligible costs) after
taxes due on the incentive
2
GGE = Gross Grant Equivalent. It expresses the benefit to the company at updated values (in % of
eligible costs)
inclusive of taxes due on the incentive
3
Total net equivalent = sum of NGE and two thirds of GGE
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4
SME = Small and Medium-sized Enterprise according to the EU definition below
LE = Large Enterprise
6
A higher percentage of NGE is due to be approved by EU, by adding 10% of GGE to NGE, hence the Total
Net Equivalent will amount to 30%
5
Table 2. EU parameters for micro, small and medium-sized enterprises (valid from
January 1, 2005)
and/or
Parameters
Medium-sized
Enterprises
Small-sized
Enterprises
Micro
Enterprises
Employees
fewer than
(number)
250
50
10
Turnover
not exceeding
(mln Euro)
50
10
2
Total assets
not exceeding
(mln Euro)
43
10
2
Corporate
Autonomy in
relation to partner
companies
No more than 25% of company capital or voting rights may be held by
one company or jointly by several companies not falling within the
small and medium-scale enterprise definition.
Source: www.investinitaly.com
Disbursement
•
•
•
Capital-account: incentives are normally granted in two or three
tranches upon submission of the eligible costs sustained duly documented
by the company; recipients are not required to refund any of the amount.
Interest-account (soft loans): a reduction of the interest rate paid by
the beneficiary company on the requested loan, with respect to the market
rate.
Tax credit: a reduction of the tax burden on new investments (tangible
and intangible assets).
Table 3 shows the most frequently approved disbursement by type of incentive.
Capital-account contributions are the main type of incentives disbursed by the
Ministry of Industry (MAP).
Table 3. Approved disbursement by type of incentive
Approved application rate
1999-2000
Approved application rate
2001-2002
47.3
51.5
Interest-account
10.4
7.2
Tax credit
3.8
12.7
Type of incentive
Capital-account
Source: Sviluppo Italia based on 2003 Report of the Ministry of Industry
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Application Procedures
Incentives are granted through a call-for-tender procedure or by applying to the relevant
office. In the first case, a grading of the projects submitted is established, while in the latter
case resources are available until their exhaustion.
There are three main types of appraisal:
•
•
•
The automatic procedure applies when no evaluation is required. The intervention is
approved as long as the applicants meet the necessary requirements for accessing
the incentives (eg, Law 140/97).
The evaluation procedure is needed if projects require a technical feasibility
evaluation process. Projects are selected through a compared assessment based on
predetermined parameters (eg, Law 181/89)
The negotiation procedure refers to projects applying to larger local development
programs. This type of incentive is particularly favourable for investors as it ensures
the commitment of the Public Administration ar Central and Local level for stepping up
support measures (eg, Location Agreement).
Incentives Type
Industry
This section outlines the main incentives related to tangible (factory site, buildings, machinery,
computer equipment) and intangible investments (brands, patents, licenses).
LAW 488/92
Law 488/92 fosters the development of production activities in Italy's underused areas. It is
based on call-for-tender procedures. Law 488/92 is marked by highly flexible operational
modalities and pre-determined timeline procedures, as established by the calls for tender.
Projects are selected through an efficient method that allows the allocation of resources
based on clear and transparent criteria. Interventions provided by Law 488/92 can be
adapted to investment projects that support the various goals of local industrial policy. After
receiving the application form including the technical report and business plan, the relevant
authority will evaluate the feasibility of the project and decide its funding eligibility.
Law 488/92 provides funds for small, medium-sized and large enterprises operating in the
following sectors: mining, manufacturing, trade, services and tourism, construction building,
production and distribution of energy. Funds are available for investment projects aimed at
setting up new plants as well as expansion, modernization, restructuring, re-activation,
conversion and re-location of existing plants. Eligible areas are the southern regions and
the underused areas of the Centre-North with growth prospects and the greatest potential
for development.
THE LOCATION AGREEMENT
The Location Agreement is one of the main innovations in the Italian incentive system that
was established in 2003 as a new tool to attract private investments to the South. This tool
guarantees a location timeframe, infrastructure and the availability of industrial areas, as well
as support to R&D and training activities and incentive provision.
The agreement is aimed at medium-sized and large enterprises wishing to make investments
in Italy's southern regions (Campania, Calabria, Sicilia, Sardegna, Puglia and Basilicata)
and in the Abruzzo and Molise regions. Eligible companies are foreign-owned, foreigncontrolled or Italian companies relocated abroad before March 17, 2005 operating in the
following sectors: mining and manufacturing, business services, tourism and renewable
energy production. As for funding, investors can benefit from grants (not exceeding EU
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guidelines) and from the possible acquisition of temporary and minority equity shares by
Sviluppo Italia, Italy's national agency for enterprise creation and inward investment
development. Thanks to the combined efforts and cooperation among Sviluppo Italia and
local/national authorities, bureaucratic procedures are simplified and evaluation times
reduced. As a result, the location agreement is key to attracting inward investments, as it
facilitates the location process by aiding and smoothing the process of making new
investments.
LAW 181/89
Law 181/89 is targeted at all companies - small, medium-sized and large enterprise – and
aims at supporting investments for the reindustrialization and the re-launch of areas hit by
temporary economic crisis, as in the case of the iron and steel industry. Grants are provided
exclusively to investments set up in specific areas of the southern and northern Italian regions.
Sviluppo Italia manages the funds and is therefore entrusted to evaluate the projects and
supply the available grants, as well as acquiring temporary and minority stakes in the
company's venture.
Furthermore, additional support may be available from the EU's Interreg III, which aims at
stimulating interregional cooperation in the EU. This program is financed by the European
Regional Development Fund (ERDF) and runs until 2006. At regional level, it aims at
promoting European integration by eliminating barriers to mobility and communications. It
applies nationwide and supports projects that foster the development of metropolitan and
urban systems and the improvement of mobility and communication networks.
R&D
There is a wide range of incentives supporting R&D activities related to production
investments and staff training. Most of them focus on integrated projects, where research
relates directly to production investment programs. Under these funding schemes, investors
can benefit from the highest levels of support for basic research (up to 100% of eligible
costs).
The Integrated Aid Package – "PIA Innovazione" funding scheme refers to Measure 2 of
the 'Local enterprise development' Multi-regional Program (PON1 Sviluppo Imprenditoriale
Locale). Eligible companies are located in Objective 1 areas (see map of Italy above) can
benefit.
According to this program, investors benefit from global support from production to feasibility
studies and research activities for the industrialization of results. It is a trait-d'union between
Law 488/92 and the Technological Innovation Fund – FIT. Thanks to this modern approach
aimed at favoring investors, Italian institutions allow access to an integrated incentive through
one single application.
The Fund for Technological Innovation – FIT was established by Law 46/82 with the
purpose of financing programs in the hi-tech field. It applies nationwide and supports precompetitive development, industrial research projects and the creation of research centers.
As stated, the FIT may be part of the PIA Innovazione, which facilitates it. In such cases it is
available to companies wishing to promote organic and complete initiatives linked to a ‘precompetitive development' program, and to the related investment program aimed at the
‘industrialization of results', within own production units located in Objective 1 areas.
The Fund for the support of R&D Activities – FAR was established by Decree 297/99. It
supports applied research programs for the development of new products, production
processes and services, and the enhancement of existing technologies.
Eligible investments are national research projects, included those submitted within
cooperation agreements, projects aimed at the creation of new research centers or at
restructuring existing ones, projects aimed at enhancing industrial competitiveness and, finally,
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research and training projects submitted under calls for tenders issued by the Ministry of
Education, University and Research (MIUR).
Among the measures available to support R&D activities it is worth mentioning Law 140/97, a
tax allowance that applies nationwide in the case of research and pre-competitive
development projects. The relevant Regional Authorities issue the related call for tender.
There are also R&D incentives at EU level, such as:
The Sixth R&TD Framework Program is aimed at research centers, scientific and
technological organizations, public administrations and companies.
Any organization operating in the territory of an EU member state may access this program;
several different forms of investments are eligible with grants that in some cases may cover
up to 100% of some eligible costs.
The ERDF Innovative Actions (Azioni Innovative FESR) aims at supporting the regional
economy by fostering a knowledge based and technological innovation development;
information society projects (eEuropaRegio); promoting regional cohesion and
competitiveness through an integrated approach to economic, environmental, cultural and
social activities. Beneficiaries of this program are Objective 1 and Objective 2 regions. Funds
are disbursed as grants. The rate or ‘aid intensity' of EU co-financing varies by project and
location. One may also benefit from double community participation during the 2000-2006
period.
E-content is a multi-annual Community program aimed at supporting the use and
development of European digital content on global networks and promoting linguistic and
cultural diversity through the use of EU Structural Funds. Eligible projects should aim to
eliminate barriers to the development of a unified market in the area of public sector
information; all companies present on Italian soil is a prospective beneficiary. Financing rates
have a 2.5 million Euro ceiling.
1
PON: Piano Operativo Nazionale
Training
Development of human resources should be considered an indispensable requirement for a
company's productive growth. In that respect, continuous professional training activities
respond to the need of having staff members adapt to the continuous changes brought by the
labor market.
This section analyses ‘integrated' incentives, aids to business training and related community
funds.
The Integrated Aid Package – PIA Formazione provides grants for investment programs
eligible under Law 488/92. To benefit from this incentive, companies must increase
considerably the number of job units, which may in no case be below 10, and plan a
specific training program. Eligible economic activities are in mining, manufacturing, production
and distribution of energy, building construction and service providing. Eligible areas are
Objective 1 regions. Investors must submit their applications within the deadline set in the law
488/92 call for tender. A particular feature of this program is the opportunity for SMEs to
benefit from a guarantee fund.
Law 236/93 - actions of business and individual training. This aims at individual and company
training and applies nationwide. It may concern a training need required by companies due to
a general transformation process, or individual training to enhance individual skills. Eligible
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training support relates to technological and organizational innovation, safety, quality and
environmental protection particularly when it enhances the company's competitiveness and
employment level. The program is managed by the Local Authority that issues the call for
tender.
European Social Fund – ESF
ESF is made operational through the Regional Operational Programs. In order to apply it is
advisable to visit the local authorities web sites (eg, regions, provinces) to check the call for
tenders agenda.
As a general rule, training projects may be submitted by a call for tender procedure or by
applying to the Ministry of Labor or to the Labor Office of the regional authority.
Each project (or more projects jointly submitted and related to the same call for proposals)
should be submitted by completing the application forms provided by the Region/Province
and following the indications provided in the call for proposals.
The highest allowable financing rate is set in accordance with the Discipline on state aids
for training, as outlined in the tables below:
Highest available financing rate Specific training1 General training2
Large enterprise
25%
50%
Small and medium-sized enterprise
35%
70%
Further incentives
Art. 87.3.a – Objective 1 areas
Art. 87.3.c) areas
Disadvantaged employees category
Specific training General training
+10%
+10%
+5%
+5%
+10%
+10%
1
Specific training is by definition "training providing teachings directly and mainly related to the actual or future
position held by the employee in the beneficiary company; this form of training provides qualifications that are not
transferable (or transferable to a limited extent) to other enterprises or employment sectors".
2
General training is by definition "training providing teachings not exclusively or mainly applicable to the actual or
future position held by the employee in the beneficiary company; this form of training provides qualifications that are
broadly transferable to other enterprises or employment sectors, thus significantly improving the employee's
employment opportunities". General training terminates with appropriate tests of the notions learnt, with a certificate
of qualification or attendance issued by the Region or Province.
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Fact Sheets
Table 1
Law 181/89 – Revitalizing production areas
Beneficiaries
Incentives are available for small, medium-sized and large companies that are financially and
economically sound and operate in the relevant industrial sector (mining and manufacturing
activities), and service providers.
Description of the funding program
Support for business creation in industrial areas that need revitalizing.
Eligible areas
Are admitted to financing just some town in the national territory:
Area de L'Aquila
Area di Caserta
Area di Gela
Area di Genova
Area di Latina
Area di Lovere
Area di Massa
Area di Napoli
Area di Ottana
Area di Palermo
Area di Piombino
Area di Taranto
Area di Terni
Area di Trieste
Area di Villadossola
Please note: The Government is going to extend the eligible areas to the following
municipalities:
Arese, Rho, Garbagnate Milanese and Lainate (all in the Milano Province, as long as they are
included in those areas pinpointed by the programming agreement -Accordo di Programma
- for the reindustrialization of the Fiat-Alfa Romeo area); Marcianise (Caserta Province) and
the Brindisi district .
Eligible investments
New business initiatives, expansion, modernization, relocation or reactivation of Aexisting
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production units, which create additional new jobs.
Eligible costs
Eligible costs include:
-
planning and feasibility studies;
industrial site, masonry works and infrastructures;
new equipment and machinery;
patents related to new technologies and production processes;
computer software, measured against the production and operational needs of the company;
office furniture and fittings.
Type of subsidy and intervention rate
The incentive consists of a grant that varies according to the geographic location:
- in the Centre-North up to 25% of the eligible investment;
- in the South up to 40% of the eligible investment.
Companies located in the South may also benefit from a soft loan of up to 30% of the eligible
investment. Sviluppo Italia also acquires temporary and minority equity stakes in the company's
venture capital, redeemable by the investor or a third party over 5 years. Investors benefiting
from law 181/89 incentives may also benefit from other funding schemes related to the same
investment programme, as long as the amount is allowed under EU rules.
Reference Institution
InvestInItaly c/o Sviluppo Italia
Ufficio Attrazione Investimenti
Via Calabria 46
00187 Roma
e-mail: [email protected]
Table 2
Location agreement
Beneficiaries
Foreign companies or Italian companies controlled by foreign investors.
Italian companies relocated abroad before March 17, 2005 that want to invest in Italy.
Business size required: Medium-sized or Large enterprises.
Eligible production sectors
Eligible sectors are manufacturing, business services, tourism and renewable energy production.
Description of the funding program
Support business creation and local development
Eligible areas
Abruzzo, Molise, Campania, Basilicata, Puglia, Calabria, Sicilia and Sardegna.
Advantages for investors
The Location Agreement guarantees:
-
availability of infrastructure and industrial areas;
implementation timeframe;
support for R&D and training activities;
awarding of incentives.
Typology of eligible investment
New plant, expansion, modernization, restructuring, re-activation, conversion and re-location of
existing plants.
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Type of subsidy and intervention rate
Grants that vary from region to region in accordance with the European regulation in force.
Sviluppo Italia may also consider taking a temporary minority participation in the company's
venture capital, upon specific request by the investor and according to market rates.
Reference Institution
InvestInItaly c/o Sviluppo Italia
Ufficio Attrazione Investimenti
Via Calabria 46
00187 Roma
e-mail: [email protected]
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LIVING AND WORKING IN ITALY
Business stay up to 90 days
Business trips generally require a visa.
However, citizens of certain countries like the United States, Canada, Argentina, Brazil and
Japan, do not require a visa for business stay of up to 90 days.
EU citizens do not require visas.
Work Permits and Residence
1. Non EU Nationals
Entry for Employment (over 90 days): Application Procedure
A written job offer or an employment contract is not sufficient for working in Italy.
A work permit (autorizzazione di lavoro) is compulsory for non-EU nationals either having
a job offer in Italy, or willing to work in the country, temporarily or permanently.
The prospective employer is responsible for obtaining such permit by applying to the
provincial labour office (Ufficio provinciale del lavoro) for preliminary clearance. If granted, the
prospective employer must then obtain the approval of the regional and central authorities.
When receiving the work permit, the prospective employee must apply for an entry visa
at the Central Police Station. With this (generally granted within 20 days) and the work
permit, he can then apply for an Italian visa (at the Italian Embassy / Consulate in his home
country) usually issued within 30 days.
Within eight days of entering Italy, the applicant and his/her family must visit the local police
station to obtain an Italian stay permit (Permesso di soggiorno).
For further information: www.poliziadistato.it
2. EU Nationals
Only a stay permit is required.
Documents required: valid passport, health insurance certificate, employment contract,
proof of abode (eg, rent agreement).
Residence in Italy:
After obtaining a stay permit, one should register at the local Population Registration Office
(Anagrafe).
Documents required: stay permit, valid passport
Release timing/delivery timing: 2 months
Tax-code Number (codice fiscale):
All citizens, whether Italians or foreigners have to get a tax-code number, even if not subject
to Italian taxes.
One needs such code a (codice fiscale, obtainable from the Provincial Tax Office) to open a
bank account, to register a vehicle, or to sign any official contract.
Documents required: valid ID or passport, stay permit.
Release timing/delivery timing: immediate
Banking and Bank Accounts
Opening an Account: resident foreigners can freely open a normal account. Non-residents
(visitors present in Italy for less than six months per year) can generally open a special
foreign account.
Opening an account requires a valid codice fiscale. Some banks may ask for a residence
certificate, but this is not a legal requirement.
Documents required: codice fiscale, valid passport.
11th February 2551
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Transfers to or from other countries, by residents or non-residents, of cash or securities in
domestic or foreign currencies and amounting to more than 12,500 Euro must be declared to
the UIC (Ufficio Italiano dei Cambi - Italian Exchange Controls Office).
Cash Cards: Bancomat cards are very popular and widely accepted. These Italian cards
can be used in automatic teller machines (ATM) throughout the country as well as at most
shops, restaurants or similar commercial sites.
Chequing Accounts are interest-bearing. For calculating interest the date on the cheque
rather than the date of the transaction applies. Services charges include a conventional
charge, the so-called "giorni di valuta" charge (meaning that after an agreed number of days
the bank is supposed to receive the accrued interests).
This conventional charge may vary from bank to bank (i.e., usually one day for cash, three
days for an in-town cheque, and between 8 and 20 days for an out-of-town cheque).
Transferring Cheques: it is allowed to give uncrossed cheques to someone else to deposit
in one's own bank account by endorsing it on the reverse. Writing "non transferibile",
(meaning not transferrable), ensures against the cheque being cashed by anyone else.
Level of Protection: all Italian banks belong to an official deposit guarantee scheme.
Branches of banks established in the EU can join an Italian deposit guarantee scheme on top
of the protection offered under their home country guarantee scheme.
Branches of banks from outside the EU and licensed to operate in Italy must join an
Italian deposit guarantee scheme unless they are members of an equivalent foreign
scheme.
For further information: www.uic.it
Social security
National Health Service: Italy's national health service (Servizio Sanitario Nazionale)
operates through local health authorities and provides low-cost or free health care to all EU
citizens.
A recent law transferred several important administrative and organizational responsibilities
from the central government to the 20 regions.
EU Citizens in Italy can take advantage of mutual health agreements. Before arriving, one
should apply for a temporary certificate of entitlement to treatment (form E111).
Non-EU Citizens visiting Italy require private insurance cover (either Italian or foreign). Within
8 days of arrival the local police station must approve the health policy, which is valid for the
duration of the entry permit (visto d'ingresso).
Getting Insured: foreign workers (EU and non-EU alike) must visit the nearest local health
authority (Azienda Sanitaria Locale) to register with a family doctor affiliated with the health
convention. Once registered, one is entitled to a health number and health card (tessera
sanitaria).
Drugs and Medicine: if required, the family doctor may issue a prescription (ricetta) for drugs
or medicine. Where applicable, one may qualify for a state-subsidy (known as a 'ticket')
reducing the overall cost.
Schools
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82
Arriving in Italy, foreign families have a broad choice of schools, both Italian and international.
The Italian school system is divided into three main stages:
•
•
•
compulsory elementary school for 6 to 10-year olds
compulsory middle school from 11 to 13
high school from 14 to 19.
The international schools present in Italy are mainly American and British.
English-taught Education in Italy: there are several independent, private schools offering
courses and classes taught in English. Some of these provide classes from kindergarten
through high school, while others offer curricula at the elementary or high school levels.
There are many international schools in Italy that follow the British education system. About
30 of them are members of the European Council of International Schools.
American College, University and Research Programs: over 90 American institutions are
present in Italy (36 are based in Rome, and 30 in Florence).
Most of these institutions are members of the Association of American College and University
Programs in Italy (AACUPI).
Other international schools, located in many of Italy's main cities, include French, Spanish,
German and Japanese curricula.
International Baccalaureate: Most international schools in Italy offer this preparatory college
program, or foundation course, during the last two years of high school.
It is recognized by over 600 universities around the world.
Driver’s Licenses
Non-residents in Italy with a stay permit can drive on their foreign license or on an
international license until they become an Italian resident.
After one year of residency, non-EU citizens must acquire an Italian license, while those with
an EU license can continue to use it.
Conversion: Non-EU residents with a driver's license issued by a country with a mutual
recognition agreement with the Italian Motor Vehicles Authority, may convert their license into
an Italian one without having to take a new driving test.
One may request an Italian license after one year of residency in Italy
11th February 2551
83
USEFUL LINK AND CONTACTS
In Thailand:
OSMEP
Office of SME's Promotion
Ministry of Industry Royal Thai Government
21 TST Tower, floor 17th, Viphadi-Rangsit Rd.
Chomphon, Jatujak, Bangkok, Thailand 10900
tel. 662 278 8800
fax. 662 273 8851
Email: [email protected]
Website: www.sme.go.th
DEP
Department of Export Promotion
Ministry of Commerce Royal Thai Government
22/77 Rachadapisek Road,Chatuchak,
Bangkok 10900,Thailand
Tel. (66 2)511-5066-77
Fax. (66 2)512-2670
Website: www.depthai.go.thai
Royal Thai Ministry of the Foreign Affairs
Sri Ayudhya Road
Address : Sri Ayudhya Rd.,
Bangkok 10400. Tel. (662) 643-5000
Website: www.mfa.go.th
Embassy of Italy in Thailand
Commercial Office
399, Nang Linchee Rd., Thungmahamek, Yannawa, Bangkok 10120
Tel. +662 2666512/13/14
Fax. +662 2666511
Italian Trade Commission-Bangkok Office
14th floor, Bubhajit Building
20 North Sathorn Rd., Silom Bangrak,
Bangkok 10500
Tel. +662 6338491, +6338355
Fax. +662 6338494
Website: www.ice.it
www.italtrade.com
www.investinitaly.com
11th February 2551
84
Thai Italian Chamber of Commerce
16th floor (Room 1601 B)
1126/2 Vanit Builing 2,
New Petchuberi Road,
Bangkok 10400
Tel. +662 2539909, +662 2558695
Fax. +662 2539896
Website: www.thaitch.org
In Italy:
Royal Thai Embassy in Italy
Via Nomentana 132,
00162 Roma,
Tel. +39(06)8622-051
Fax. +39(06)8622-0555
Website: http://www.mfa.go.th/web/1229.php?depid=211
Italian Ministry of the Foreign Affairs
Piazzale della Farnesina, 1
00194 Rome
Tel: 0039 - 06.36911
Website: http://www.esteri.it
Italian Ministry for the International Trade
Viale Boston, 25 - 00144 Roma
tel.+39 06 59931
Website: www.mincomes.it
World Trade Organization
Centre William Rappard,
Rue de Lausanne 154,
CH-1211 Geneva 21,
Switzerland.
Website: www.wto.org
The European Union
Tel + 32-2-299.96.96
Email form: http://europedirect-cc.cec.eu.int/websubmit/?lang=en
11th February 2551
85
Website: www.ec.europa.eu
Delegation of the European Commission in Thailand
Kian Gwan II, 18th Floor,
140/1 Wireless Road,
Bangkok 10330
Tel. 02 305 2645
Fax. 02 305 2791
Email. [email protected]
Website: www.deltha.ec.europa.eu/bic
EC Delegation in Thailand
Website: www.deltha.ec.europa.eu
Other EU websites:
Trade
DG Trade: www.ec.europa.eu/trade
Expanding Exporters Help Desk: www.exporthelp.europa.eu
Customs duties and procedures
Tarrifs: www.ec.europa.eu/taxation_customs/dds/en/tarhome.htm
GSP: www.ec.europa.eu/trade/issues/global/gsp
Rules of origin:
www.ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/in
dex_en.htm
EU law
Official Journal & Legislation: www.eur-lex.europa.eu
Summaries of EU legislation: www.europa.eu/scadplus/scad_en.htm
Enviroment
Waste management: www.ec.europa/environment/waste
Eco-labeling: www.ec.europa.eu/enviroment/ecolabel
Product safety and standards
CE marking: www.newapproach.org
Chemical Policies
REACH: www.ec.europa.eu/enterprise/reach
Intellectual Property
IPR Help Desk: www.ipr-helpdesk.org
Community Trade Mark: www.oami.eu.int/en/mark
Community Design: www.oami.eu.int/en/design
EU Economic Cooperation in Asia
Asia Invest: www.ec.europa.eu/comm/europeaid/projects/asiainvest/html2002/main.htm
11th February 2551
86
AEFI
Associazione Esposizioni e Fiere Italiane
Italian Trade Fairs & Exhibitions Association
General Secretariat
Via Emilia, 155
47900 Rimini, Italy
Tel. +39 0541 744 229
Fax. +39 0541 744 512
Website: www.aefi.it
Fiera Milano S.p.A.
Milan Exhibition Center
Phone: +39 02 4997.1
Fax: +39 02 4997.7379
email: [email protected]
Website: www.fieramilano.it
Exhibitors trade services:
Phone: +39 02 4997.7238
Fax: +39 02 4997.7349
Foreign Office Network:
Phone: +39 02 4997.7175
Fax: +39 02 4997.7192
11th February 2551
87
SOURCES:
Website:
www.ice.it
www.italtrade.com
www.investinitaly.com
www.thaitch.org
www.ambbangkok.esteri.it/Ambasciata_Bangkok
www.economist.com
www.worldbank.com
www.cia.gov
www.simest.it
www.sace.it
www.distretti.org
www.unioncamere.it
Papers:
•
•
•
•
•
•
•
•
•
Setting up a business,
http://www.investinitaly.com/context_investmentguide01.jsp?ID_LIN
K=10&area=17
Regional Focus,
http://www.investinitaly.com/context_regfoc02.jsp?ID_LINK=444&ar
ea=44&regionalfocus
Italian districts map
http://www.distretti.org/Distretti/mappe/Industrial-Districts.jpg
Brochure: Italian Trade Fairs, a passport to the world,
Published by ICE/Italtrade, 2006
Business Guide: Tailandia, guida per le imprese italiane
Published by Italian Embassy of Italy, 2006
Rapporto ICE, l’Italia nell’economia Internationale 2006-2007
Published by ICE, 2007
Focus on Italy n.15
Published by the British Chamber of Commerce for Italy, 2006
Doing Business in Italy: A Country Commercial
Guide for U.S. companies
Published by U.S. Embassy, Rome, 2007
The New Italian Custom Administration,
Agenzia delle Dogane, 2007
11th February 2551
88

BUSINESS OPPORTUNITIES IN ITALY

Transcription

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