Commission Delegated Regulation (EU) 2015/1076 of 28 April 2015 laying down, pursuant to Regulation (EU) No 1303/2013 of the European Parliament and of the Council, additional rules on the replacement of a beneficiary and on the related responsibilities, and minimum requirements to be included in Public Private Partnership agreements funded by the European Structural and Investment Funds (c. 1076)

CHAPTER I U.K. Rules on the replacement of a beneficiary under PPP operations funded by [F1 European Structural and Investment Funds] [F1 support for rural development and support under Regulation 508/2014] (Article 63(4) of Regulation (EU) No 1303/2013)

Article 1 U.K. Additional conditions on the replacement of the private partner

The replacement of the private partner or public law body referred to in Article 63(3) of Regulation (EU) No 1303/2013 (‘partner or body’) shall comply with the following additional conditions:

(a)

the partner or body is able to provide at least the service, including at least the minimum quality standards, determined in the Public Private Partnership (‘PPP’) contract;

(b)

the partner or body has agreed to assume the rights and responsibilities of a beneficiary in relation to the support for PPP operations from the date on which the managing authority is notified of the replacement proposal.

[F2 Article 1A U.K. Interpretation

In this Regulation, a reference to Regulation (EU) No 1303/2013 or any provision of that Regulation is a reference to that Regulation as it applies for the purpose of support for rural development and support under Regulation 508/2014.]

Textual Amendments

F2 Art. A1 inserted for specified purposes (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 8(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Proposal to replace the private partner

1. The partner or body shall send the managing authority the proposal to replace the private partner as beneficiary within one month from the date of the decision to replace the private partner.

2. The proposal referred to in paragraph 1 shall contain the following:

(a) the terms and conditions of the PPP or financing agreement between the private partner and the financial institution co-financing the operation requiring replacement;

(b) evidence of the fulfilment by the partner or body of the conditions set out in Article 1 of this Regulation and evidence that it fulfils and assumes all the corresponding obligations of a beneficiary under Regulation (EU) No 1303/2013;

(c) evidence that the partner or body has been provided with a copy of the original support agreement and any amendments made to that agreement.

Article 3 U.K. Confirmation of the replacement of the private partner

Within one month of the receipt of the proposal referred to in Article 2, and provided that the partner or body fulfils and assumes all the corresponding obligations of a beneficiary under Regulation (EU) No 1303/2013 and complies with the conditions set out in Article 1 of this Regulation, the managing authority shall:

(a)

register the partner or body as the beneficiary as from the date referred to in Article 1(b) of this Regulation;

(b)

inform the partner or body of the remaining amount of support available from [F3 the ESI Funds] [F3 support for rural development and support under Regulation 508/2014].

Textual Amendments

F3 Words in Art. 3(b) substituted for specified purposes (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 8(4); 2020 c. 1, Sch. 5 para. 1(1)

Extent Information

E1 This version of this provision extends to E+W+S+N.I.+ only. A new version of this provision has been created for

E2 This version of this provision extends to only. The original version of this provision exists for E+W+S+N.I.+

Textual Amendments

F1 Words in Ch. 1 heading substituted for specified purposes (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)