OpenLegislation

Article 71 Durability of operationsE1

England, Scotland and Northern Ireland

Original text. Later amendments are not shown.

1.

An operation comprising investment in infrastructure or productive investment shall repay the contribution from F1support for rural development if within five years of the final payment to the beneficiary F2... it is subject to any of the following:

(a)

a cessation or relocation of a productive activity outside the programme area;

(b)

a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;

(c)

a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives.

Sums unduly paid in respect of the operation shall be recovered by the F3relevant authority in proportion to the period for which the requirements have not been fulfilled.

F4The relevant authority may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of investments or jobs created by SMEs.

2.

An operation comprising investment in infrastructure or productive investment shall repay the contribution from support for rural development if within 10 years of the final payment to the beneficiary the productive activity is subject to relocation outside F5the United Kingdom and its territorial sea, except where the beneficiary is an SME. F6...

F73.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84.

Paragraphs 1, 2 and 3 of this Article shall not apply to contributions to or by financial instruments or for lease purchase under point (b) of Article 45(2) of Regulation (EU) No 1305/2013 nor to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.

F95.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in Art. 71 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(j)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 71(1) 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(8)(a) (with Sch. 3)

F3

Words in Art. 71(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, 11(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 71(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, 11(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 71(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 71(2) omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(8)(b) (with Sch. 3)

F7

Art. 71(3) omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(8)(c) (with Sch. 3)

F8

Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.

F9

Art. 71(5) 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, 11(14)(e); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales

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)