{
  "url": "https://openlegislation.uk/eu-regulation-2011-1236/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2011-1236/introduction.json",
  "legislation": "eur/2011/1236",
  "legislation_title": "Commission Implementing Regulation (EU) No 1236/2011 of 29 November 2011 amending Regulation (EC) No 1828/2006 as regards investments through financial engineering instruments",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2011-1236",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) No 1236/2011\nof 29 November 2011\namending Regulation (EC) No 1828/2006 as regards investments through financial engineering instruments\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999, and in particular the third paragraph of Article 44 thereof,\nWhereas:\n(1)\nThe economic crisis continues to affect the Union as never before and requires new efforts to achieve sustainable growth and jobs.\n(2)\nInvestments in enterprises contribute to boost growth, to strengthen competitiveness and to create jobs.\n(3)\nIt is necessary to reinforce the measures to support enterprises. Such measures should allow for a wider access of enterprises to investments through financial engineering instruments covered by Article 43(1)(a) of Commission Regulation (EC) No 1828/2006 of 8 December 2006 setting out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund, and not only in enterprises which are at the stages of establishment, in the early stages, or on expansion.\n(4)\nSuch investments should be made only in activities which the managers of the financial engineering instruments judge potentially economically viable, hence, should be limited to situations where the lack of liquidity provided by the financial sector threatens the continuation of business activities of economically viable enterprises.\n(5)\nSuch measures should apply only to repayable investments made or guarantees for repayable investments provided after the entry into force of this Regulation, as part of an investment strategy foreseen by the funding agreements concerned. For funding agreements concluded before the entry into force of this regulation, transitional provisions should be foreseen requiring respective adjustments of the investment strategy.\n(6)\nThe Coordination Committee of the Funds has not delivered an opinion, as a result of the voting, on the measures provided for in this Regulation,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 210, 31.7.2006, p. 25."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 371, 27.12.2006, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2011/1236/introduction",
    "retrieved_at": "2026-11-01T14:49:43.421100+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}