Article 72Durability of investment-related operations
1.Without prejudice to the rules relating to the freedom of establishment and the free provision of services within the meaning of Articles 43 and 49 of the Treaty, the Member State shall ensure that an investment operation retains the EAFRD contribution if that operation does not, within five years of the Managing Authority’s funding decision, undergo a substantial modification that:
(a)affects its nature or implementation conditions or gives undue advantage to a firm or public body;
(b)results either from a change in the nature of ownership of an item of infrastructure, or the cessation or relocation of a productive activity.
2.Amounts unduly paid out shall be recovered in accordance with Article 33 of Regulation (EC) No 1290/2005.