CHAPTER IIMinimum requirements to be included in PPP agreements funded by European Structural and Investment Funds
(Article 64(4) of Regulation (EU) No 1303/2013)
Article 4Escrow account
With regard to the escrow account referred to in Article 64(2) of Regulation (EU) No 1303/2013, the PPP agreement shall contain the following requirements:
- (a)
where appropriate, the criteria for the selection of the financial institution where the escrow account is to be opened, including requirements regarding its creditworthiness;
- (b)
the conditions under which payments from the escrow account can be made;
- (c)
whether the public law body that is a beneficiary may use the escrow account as collateral/security for the performance of its or the private partner's obligations under the PPP agreement;
- (d)
the obligation for the holders of the escrow account to inform the managing authority, upon its written request, about the amount of funds in the escrow account disbursed and the balance of the escrow account;
- (e)
rules on how the remaining funds in the escrow account shall be disbursed when the escrow account is closed due to a termination of the PPP agreement.