3.—(1) Any loan to a profit-distributing enterprise which is not made at market rates or above, or, where interest is not charged on loans the fee structure is not at an equivalent level.
(2) In paragraph (1) “market rate” means the European Commission’s Hurdle Rate, which is the Reference Rate (as published at http://europa.eu.int/comm/competition/state_aid/others/reference_rates.html) plus four percentage points, or more.