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Article 39 Conditions for financing

United Kingdom

Original text. Later amendments are not shown.

1.

Projects may receive financial contribution from a programme provided they meet all the following conditions:

(a)

they deliver a clear cross-border cooperation impact and benefits as described in the programming document and demonstrate added value to Union strategies and programmes;

(b)

they are implemented in the programme area;

(c)

they fall within one of the following categories:

  1. (i)

    integrated projects where each beneficiary implements a part of the activities of the project on its own territory;

  2. (ii)

    symmetrical projects where similar activities are implemented in parallel in the participating countries;

  3. (iii)

    single-country projects where projects are implemented mainly or entirely in one of the participating countries but for the benefit of all or some of the participating countries and where cross-border impacts and benefits are identified.

2.

Projects meeting the criteria of paragraph 1 may be partially implemented outside the programme area, provided that all the following conditions are met:

(a)

the projects are necessary for achieving the programme's objectives and they benefit the programme area;

(b)

the total amount allocated under the programme to activities outside the programme area does not exceed 20 % of the Union contribution at programme level;

(c)

the obligations of the Managing and Audit authorities in relation to management, control and audit concerning the project are fulfilled either by the programme authorities or through agreements concluded with authorities in the countries where the activity is implemented.

3.

Any project including an infrastructure component shall repay the Union contribution if, within five years of the project closure or within the period of time set out in state aid rules, where applicable, it is subject to 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 project shall be recovered by the Managing Authority in proportion to the period for which the requirement has not been fulfilled.

4.

The Managing Authority shall seek to prevent duplication of activities among projects funded by the Union. For this purpose, the Managing Authority may conduct any consultation it deems appropriate and the consulted entities, including the Commission, shall provide the necessary support.

5.

The Managing Authority shall provide the lead beneficiary for each selected project with a document setting out the conditions to support the project, including the specific requirements concerning the products or services to be delivered by the project, the financial plan and the time-frame for execution.