Article 43a Differentiated treatment of investorsF1
United Kingdom
Support F2for rural development to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support for rural development, may be used for differentiated treatment of investors operating under the market economy principle, F3... . Such differentiated treatment shall be justified by the need to attract private counterpart resources and to leverage public funding.
The assessments referred to in Articles 37(2) F4... shall include, as appropriate, an assessment of the need for, and the extent of, differentiated treatment as referred to in paragraph 1 of this Article and/or a description of the mechanisms which will be used to establish the need for, and extent of, such differentiated treatment.
The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate investors operating under the market economy principle, F5.... The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
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Annotations
Textual amendments
- F1
- F2
Words in Art. 43a(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(e)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 43a(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 43a(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 43a(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Art. 43a(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(4) (with Sch. 3)
Notes on the whole EU Regulation
Textual amendments
- F1
Regulation revoked in so far as relating to the European Maritime and Fisheries Fund (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), reg. 1(3), Sch. Pt. 2
Notes on Part TWO
Textual amendments
- F1
Pt. 2 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(1) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)