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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
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Regulation (EU) No 1303/2013 of the European Parliament and of the Council, Article 44 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.Without prejudice to Article 43a, resources paid back to financial instruments from investments or from the release of resources committed for guarantee contracts, including capital repayments and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by investments, which are attributable to [F3support for rural development], shall be re-used for the following purposes, up to the amounts necessary and in the order agreed in the relevant funding agreements:
(a)further investments through the same or other financial instruments, in accordance with the specific objectives set out under a priority;
(b)where applicable, to cover the losses in the nominal amount [F4contribution from support for rural development] to the financial instrument resulting from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments;
(c)where applicable, reimbursement of management costs incurred and payment of management fees of the financial instrument.]
[X12.The managing authority shall ensure that adequate records of the re-use of the resources referred to in paragraph 1 are maintained.]
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying 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 (Official Journal of the European Union L 347 of 20 December 2013).
Textual Amendments
F1Art. 44 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(18)
F2Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
F3Words in Art. 44(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(8)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 44(1)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(8)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(f)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
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