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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 64 is up to date with all changes known to be in force on or before 06 November 2024. 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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[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 [F1, by way of derogation from Article 65(2),] be considered as incurred and paid by a beneficiary and [F2eligible 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 F3... national law, the programme and the conditions for support of the operation.
[X12.Payments to beneficiaries made in respect of expenditure F4... 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 [F5appropriate 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
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
F1Words 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)
F2Words in Art. 64(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, 11(5)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(d)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 64(1)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 64(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 64(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 83; 2020 c. 1, Sch. 5 para. 1(1)
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