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TITLE IIIU.K.RURAL DEVELOPMENT SUPPORT

CHAPTER IIU.K.Common provisions for several measures

Article 45E+S+N.I.Investments

1.In order to be eligible for [F1support for rural development], investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment.

2.Expenditure that is eligible for [F1support for rural development] shall be limited to:

(a)the construction, acquisition, including leasing, or improvement of immovable property;

(b)the purchase or lease purchase of new machinery and equipment up to the market value of the asset;

(c)general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies. Feasibility studies shall remain eligible expenditure even where, based on their results, no expenditure under points (a) and (b) is made;

(d)the following intangible investments: acquisition or development of computer software and acquisitions of patents, licenses, copyrights, trademarks;

(e)the costs of establishing forest management plans and their equivalent.

3.In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of the restoration of agricultural production potential damaged by natural disasters or catastrophic events, in accordance with point (b) of Article 18(1), expenditure for the purchase of animals may be eligible expenditure.

4.Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

[F25.Where support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed [F3EUR 200 000][F3GBP 166,667] or 30 % of the total amount of the eligible expenditure for the investment, whichever is the higher.]

6.In order to take account of the special characteristics of particular types of investments, the [F4appropriate authority may make regulations], laying down the conditions under which other costs connected with leasing contracts, second hand equipment may be considered to be eligible expenditure and specifying the types of renewable energy infrastructure that are to be eligible for support.

[F57.Paragraphs 1, 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 45WInvestments

1.In order to be eligible for [F6support for rural development], investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment.

2.Expenditure that is eligible for [F6support for rural development] shall be limited to:

(a)the construction, acquisition, including leasing, or improvement of immovable property;

(b)the purchase or lease purchase of new machinery and equipment up to the market value of the asset;

(c)general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies. Feasibility studies shall remain eligible expenditure even where, based on their results, no expenditure under points (a) and (b) is made;

(d)the following intangible investments: acquisition or development of computer software and acquisitions of patents, licenses, copyrights, trademarks;

(e)the costs of establishing forest management plans and their equivalent.

3.In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of the restoration of agricultural production potential damaged by natural disasters or catastrophic events, in accordance with point (b) of Article 18(1), expenditure for the purchase of animals may be eligible expenditure.

4.Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

[F75.Where support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed [F8£200 000] or 30 % of the total amount of the eligible expenditure for the investment, whichever is the higher.]

6.In order to take account of the special characteristics of particular types of investments, the [F9appropriate authority may make regulations], laying down the conditions under which other costs connected with leasing contracts, second hand equipment may be considered to be eligible expenditure and specifying the types of renewable energy infrastructure that are to be eligible for support.

[F107.Paragraphs 1, 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

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

Textual Amendments

F8Sum in Art. 45(5) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(39)