Competition Law in Tourism

TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 463 Another example is “Programa ADAPTAR”135, which sets forth an incentive scheme to promote the adaptation of SMEs activities to the context of the COVID-19 outbreak.This programme is applicable specifically to the Portuguese mainland territory, thus excluding Azores and Madeira136. The beneficiaries may be micro, small or medium enterprises, including those from the tourism sector. Only the aid granted to micro enterprises is under the de minimis Regulation. The eligible criteria of the projects of micro enterprises are the following: • investment of an amount between 500 € and 5.000 € in eligible expenses to adapt the activity of the company to the context of the COVID-19 pandemic; • have an implementation period of up to 9 months; and • comply with all applicable laws and regulations. The aid is granted as a direct grant with an incentive rate of up to 80% of the eligible expenses, with 50% of the approved incentive being paid upfront. F.2.3. Under the General Block Exemption Regulation As referred above, “Programa ADAPTAR” also covers SMEs of themainland territory but the aid is granted to them under the rules provided for in the General Block Exemption Regulation137 as amended, in the context the European structural and investment funds. The eligible criteria of their projects are the following: • investment of an amount between 5.000 € and 40.000 € in eligible expenses for the qualification of processes, organisations, products and services, in particular to adapt the respective establishments, work organisation methods, clients and suppliers’ relationships to the COVID-19 outbreak; • to be a new project; • to have an implementation period of up to 9 months; and • to comply with all applicable laws and regulations. 135 Enacted by Decree-Law no. 20-G/2020, of 14 May, as amended by Decree-Law no. 103/2020, of 15 December. 136 The Autonomous Regions have subsequently created regional support measures with the same aim. 137 Regulation (EU) no. 651/2014, of 16 June 2014, declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the TFEU, published in OJ L 187, 26.6.2014, p. 1–78, already amended.

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