Article 71 Durability of operationsE1
England, Scotland and Northern Ireland
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 cessation or relocation of a productive activity outside the programme area;
a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;
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.
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...
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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.
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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
- 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)