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Regulation (EU) No 1303/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1303/2013 of the European Parliament and of the Councilof 17 December 2013laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006

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Regulation (EU) No 1303/2013 of the European Parliament and of the Council, Article 65 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Article 65:

  • Regulation amendment to earlier affecting provision 2020 asp17, ss. , 5 by 2024 asp 11 s. 23 25
  • Regulation amendment to earlier affecting provision 2020 asp17, ss. 2, 5 by 2024 asp 11 s. 22 25
  • Regulation amendment to earlier affecting provision 2020 asp17, ss. 4, 5 by 2024 asp 11 s. 24 25
  • Regulation disapplied by S.I. 2019/625 reg. 3 Sch. 1 (This amendment not applied to legislation.gov.uk. Regulations revoked (13.10.2020) by S.I. 2020/1114, regs. 1(2), 2)
  • Recital 10 Sentence 2 replacement by EUR 2018/1046 Regulation
  • Art. 65 words substituted by S.I. 2019/785 reg. 11(6)(a) (This amendment not applied to legislation.gov.uk. Reg. 11(6)(a) omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(9)(e)(i))
  • Art. 65(7) omitted by S.I. 2019/785 reg. 11(6)(c) (This amendment not applied to legislation.gov.uk. Reg. 11(6)(c) amended immediately before IP completion day by S.I. 2020/1542, reg. 13(9)(e)(iii))
  • Art. 65(8)(h) words substituted by S.I. 2019/785 reg. 11(6)(d)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 11(6)(d)(ii)(bb) omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(9)(e)(v)(bb))
  • Art. 65(9) words substituted by S.I. 2019/785 reg. 11(6)(e)(iii) (This amendment not applied to legislation.gov.uk. Reg. 11(6)(e)(iii) omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(9)(e)(vi))

Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Annex 1 para. 2 heading words omitted in earlier amending provision S.I. 2019/785, reg. 18(3) by S.I. 2020/1542 reg. 13(11)(b)
  • Annex 1 para. 2 heading words substituted by S.I. 2019/785 reg. 18(3)
  • Art. 1(6) substituted by S.I. 2019/785 reg. 4(1)(d)(iii) (This amendment not applied to legislation.gov.uk. Reg. 4(1)(d)(iii) omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(2)(a)(iii))
  • Art. 2(39) words substituted by S.I. 2019/785 reg. 4(2)(s) (This amendment not applied to legislation.gov.uk. Reg. 4(2)(s) omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(2)(b)(viii))
  • Art. 126(a) words substituted by S.I. 2019/785 reg. 15(3)(a) (This amendment not applied to legislation.gov.uk. Reg. 15 omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(10))
  • Art. 126(g) words omitted by S.I. 2019/785 reg. 15(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 15 omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(10))
  • Art. 126(h) omitted by S.I. 2019/785 reg. 15(3)(c) (This amendment not applied to legislation.gov.uk. Reg. 15 omitted immediately before IP completion day by virtue of S.I. 2020/1542, reg. 13(10))

Article 65E+N.I.Eligibility

1.The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the Fund-specific rules.

2.Expenditure shall be eligible for a contribution from [F2support for rural development] if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2023. In addition, expenditure shall only be eligible for [F3support for rural development] if the relevant aid is actually paid by the paying agency between 1 January 2014 and 31 December 2023.

F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.In the case of costs reimbursed pursuant to points (b) and (c) of the first subparagraph of Article 67(1), the actions constituting the basis for reimbursement shall be carried out between 1 January 2014 and 31 December 2023.

F55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.Operations shall not be selected for support by [F6support for rural development] where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.

F77.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.

The eligible expenditure of the operation [F8receiving support for rural development] shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.

This paragraph shall not apply to:

(a)technical assistance;

(b)financial instruments;

(c)repayable assistance subject to an obligation for full repayment;

(d)prizes;

F9(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account ex ante;

(g)operations implemented under a joint action plan provided that the net revenue has been taken into account ex ante;

[F10(h)operations for which amounts or rates of support are defined in Annex II to [F11Regulation (EU) No 1305/2013] or in the EMFF Regulation with the exception of those operations for which reference is made to this paragraph in the EMFF Regulation; or]

[F10(i)operations for which the total eligible cost does not exceed EUR 100 000.]

For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.

9.Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of submission to the [F12relevant authority] of the request for amendment F13....

The Fund-specific rules for the EMFF may derogate from the first subparagraph.

10.By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in [F14Regulation (EU) No 1305/2013].

[F15By way of derogation from paragraph 9, expenditure for operations for fostering crisis response capacities in the context of the COVID-19 outbreak shall be eligible as of 1 February 2020.]

[F1611.An operation may receive support for rural development or from one or more programmes and from CMO support or direct payment support or support under other retained direct EU legislation, provided that the expenditure declared is not declared more than once.]

Extent Information

E1This version of this provision applies to England and Northern Ireland only; separate versions have been created for Scotland and Wales

Textual Amendments

Article 65SEligibility

1.The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the Fund-specific rules.

[F172.Expenditure is eligible for support for rural development if it has been incurred by a beneficiary and paid between 1 January 2021 and 31 December 2024.]

F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.In the case of costs reimbursed pursuant to points (b) and (c) of the first subparagraph of Article 67(1), the actions constituting the basis for reimbursement shall be carried out between 1 January [F192021] and 31 December [F202024].

F215.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.Operations shall not be selected for support by [F22support for rural development] where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.

F237.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.

The eligible expenditure of the operation [F24receiving support for rural development] shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.

This paragraph shall not apply to:

(a)technical assistance;

(b)financial instruments;

(c)repayable assistance subject to an obligation for full repayment;

(d)prizes;

F25(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account ex ante;

(g)operations implemented under a joint action plan provided that the net revenue has been taken into account ex ante;

[F26(h)operations for which amounts or rates of support are defined in Annex II to [F27Regulation (EU) No 1305/2013] or in the EMFF Regulation with the exception of those operations for which reference is made to this paragraph in the EMFF Regulation; or]

[F26(i)operations for which the total eligible cost does not exceed [F28GBP 83,333].]

For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.

9.Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of [F29adoption of that amendment by the Scottish Ministers.]

The Fund-specific rules for the EMFF may derogate from the first subparagraph.

10.By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in [F30Regulation (EU) No 1305/2013].

[F31By way of derogation from paragraph 9, expenditure for operations for fostering crisis response capacities in the context of the COVID-19 outbreak shall be eligible as of 1 February 2020.]

[F3211.An operation may receive support for rural development or from one or more programmes and from CMO support or direct payment support or support under other retained direct EU legislation, provided that the expenditure declared is not declared more than once.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland

Textual Amendments

Article 65WEligibility

1.The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the [F33rural development] rules.

F342.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F353.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F364.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F375.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.Operations shall not be selected for support by [F38support for rural development] where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.

F397.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.

The eligible expenditure of the operation [F40receiving support for rural development] shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.

This paragraph shall not apply to:

F41(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)financial instruments;

(c)repayable assistance subject to an obligation for full repayment;

(d)prizes;

F42(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account F43...;

(g)operations implemented under a joint action plan provided that the net revenue has been taken into account F44...;

F45(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(i)operations for which the total eligible cost does not exceed EUR 100 000.]

For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.

9.Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of submission to the [F47relevant authority] of the request for amendment F48....

F49...

10.By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in [F50Regulation (EU) No 1305/2013].

F51...

[F5211.An operation may receive support for rural development or from one or more programmes and from CMO support F53... or support under other retained direct EU legislation, provided that the expenditure declared is not declared more than once.]

Extent Information

E3This version of this provision applies to Wales only; separate versions have been created for England, Scotland and Northern Ireland

Textual Amendments

F33Words in Art. 65(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(a)

F34Art. 65(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(b)

F36Art. 65(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(c)

F41Art. 65(8)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(i)

F43Words in Art. 65(8)(f) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(ii)

F44Words in Art. 65(8)(g) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(iii)

F45Art. 65(8)(h) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(iv)

F49Words in Art. 65(9) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(e)

F51Words in Art. 65(10) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(f)

F53Words in Art. 65(11) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(g)

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