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

CHAPTER IIW[F1Special rules on support from the ESI Funds to PPPs][F1Special rules on support to PPPs]

Article 62U.K.PPPs

[F2Support for rural development] may be used to support PPP operations. Such PPP operations shall comply with applicable law, in particular concerning F3... public procurement.

Textual Amendments

Article 63U.K.Beneficiary under PPP operations

1.In relation to a PPP operation, and by way of derogation from point (10) of Article 2, a beneficiary may be either:

(a)the public law body initiating the operation; or

(b)a body governed by private law of [F4a relevant authority] (the "private partner") selected or to be selected for the implementation of the operation.

2.The public law body initiating the PPP operation may propose that the private partner, to be selected after approval of the operation, be the beneficiary for the purposes of support from [F5support for rural development]. In that event, the approval decision shall be conditional on the managing authority satisfying itself that the selected private partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.

3.The private partner selected to implement the operation may be replaced as beneficiary during implementation where this is required under the terms and conditions of the PPP or the financing agreement between the private partner and the financial institution co-financing the operation. In that event the replacement private partner or public law body shall become the beneficiary provided that the managing authority satisfies itself that the replacement partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.

4.The [F6appropriate authority may make regulations] laying down additional rules on the replacement of a beneficiary and on the related responsibilities.

5.The replacement of a beneficiary shall not be considered a change in ownership within the meaning of point (b) of Article 71(1) if that replacement satisfies the applicable conditions set out in paragraph 3 of this Article and in [F7regulations made] pursuant to paragraph 4 of this Article.

Textual Amendments

Article 64U.K.Support for PPP operations

[X11.In the case of a PPP operation where the beneficiary is a public law body, expenditure under a PPP operation which has been incurred and paid by the private partner may [F8, by way of derogation from Article 65(2),] be considered as incurred and paid by a beneficiary and [F9eligible for support for rural development] provided that the following conditions are met:]

(a)the beneficiary has entered into a PPP agreement with a private partner;

(b)the managing authority has verified that the expenditure declared by the beneficiary has been paid by the private partner and that the operation complies with applicable F10... national law, the programme and the conditions for support of the operation.

[X12.Payments to beneficiaries made in respect of expenditure F11... in accordance with paragraph 1 shall be paid into an escrow account set up for that purpose in the name of the beneficiary.]

3.The funds paid into the escrow account referred to in paragraph 2 shall be used for payments in accordance with the PPP agreement, including any payments to be made in the event of termination of the PPP agreement.

4.The [F12appropriate authority may make regulations] laying down the minimum requirements to be included in PPP agreements which are necessary for the application of the derogation laid down in paragraph 1 of this Article, including provisions related to termination of the PPP agreement and for the purpose of ensuring an adequate audit trail.

Editorial Information

Textual Amendments

F8Words in Art. 64(1) 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(23)

Textual Amendments

F1Pt. 2 Title 7 Ch. 2 heading 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(22)