Le texte à une date

Les dates de l’éditeur que ce site détient pour cet acte

• Mise en application : 2014-07-01 (mention de l’éditeur, mot pour mot : V ART 59)
• Fin de validité, totale ou partielle : 2026-12-31 (mention de l’éditeur, mot pour mot : P/PAR 32023R1315)
• Date limite : 2014-07-01 (mention de l’éditeur, mot pour mot : V ART 2.27)
• Date limite : 2019-12-31 (mention de l’éditeur, mot pour mot : V ART 1.4(c) ET 14.16)
• Date limite : 2020-01-01 (mention de l’éditeur, mot pour mot : V ART 1.4(c) ET 14.16)
• Date limite : 2021-06-30 (mention de l’éditeur, mot pour mot : V ART 1.4(c) ET 14.16)
• Date limite : 2021-12-31 (mention de l’éditeur, mot pour mot : V ART 2.27)
• Date limite : 2022-01-01 (mention de l’éditeur, mot pour mot : V ART 2.27)
• Date limite : 2023-12-31 (mention de l’éditeur, mot pour mot : V ART 11.2)
• Date limite : 2027-12-31 (mention de l’éditeur, mot pour mot : V ART 2.27)

Dates non détenues pour cet acte : entrée en vigueur. Les déclarations datées de l’éditeur que ce site détient pour cet acte n’indiquent aucune date de ce type, ce qui ne dit rien de l’existence d’une telle date.

Aucune des dates ci-dessus ne sert à choisir un libellé : chaque libellé ci-dessous porte sa propre date.

32014R0651, eng, le libellé original du 2014-06-17 (la date de l’acte dans le paquet Formex de l’éditeur)

Ce libellé sert de réponse pour les dates du 2014-06-17 à la veille du 2014-07-01, date du libellé suivant.

/eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng

59 articles cités ; détenus sans texte : 0.

Page 2 sur 3 : Article 16 à Article 54.

16. 016 Article 16

    Article 16 Regional urban development aid 1. Regional urban development aid shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Urban development projects shall fulfil the following criteria: (a) they are implemented via urban development funds in assisted areas; (b) they are co-financed by the European Structural and Investment Funds; (c) they support the implementation of an ‘integrated sustainable urban development strategy’; 3. The total investment in an urban development project under any urban development aid measure shall not exceed EUR 20 million. 4. The eligible costs shall be the overall costs of the urban development project to the extent that they comply with Articles 65 and 37 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council. 5. Aid granted by an urban development fund to the eligible urban development projects may take the form of equity, quasi-equity, loans, guarantees, or a mix thereof. 6. The urban development aid shall leverage additional investment from private investors at the level of the urban development funds or the urban development projects, so as to achieve an aggregate amount reaching minimum 30 % of the total financing provided to an urban development project. 7. Private and public investors may provide cash or an in-kind contribution or a combination of those for the implementation of an urban development project. An in-kind contribution shall be taken into account at its market value, as certified by an independent qualified expert or duly authorised official body. 8. The urban development measures shall fulfil the following conditions: (a) urban development fund managers shall be selected through an open, transparent and non-discriminatory call in accordance with the applicable Union and national laws. In particular, there shall be no discrimination between urban development fund managers on the basis of their place of establishment or incorporation in any Member State. Urban development fund managers may be required to fulfil predefined criteria objectively justified by the nature of the investments; (b) the independent private investors shall be selected through an open, transparent and non-discriminatory call in accordance with applicable Union and national laws aimed at establishing the appropriate risk-reward sharing arrangements whereby, for investments other than guarantees, asymmetric profit-sharing shall be given preference over downside protection. If the private investors are not selected by such a call, the fair rate of return to the private investors shall be established by an independent expert selected via an open, transparent and non-discriminatory call; (c) in the case of asymmetric loss-sharing between public and private investors, the first loss assumed by the public investor shall be capped at 25 % of the total investment; (d) in the case of guarantees to private investors in urban development projects, the guarantee rate shall be limited to 80 % and total losses assumed by a Member State shall be capped at 25 % of the underlying guaranteed portfolio; (e) the investors shall be allowed to be represented in the governance bodies of the urban development fund, such as the supervisory board or the advisory committee; (f) the urban development fund shall be established according to the applicable laws. The Member State shall provide for a due diligence process in order to ensure a commercially sound investment strategy for the purpose of implementing the urban development aid measure. 9. Urban development funds shall be managed on a commercial basis and shall ensure profit-driven financing decisions. This is considered to be the case when the managers of the urban development fund fulfill the following conditions: (a) the managers of urban development funds shall be obliged by law or contract to act with the diligence of a professional manager in good faith and avoiding conflicts of interest; best practices and regulatory supervision shall apply; (b) the remuneration of the managers of urban development funds shall conform to market practices. This requirement is considered to be met where a manager is selected through an open, transparent and non-discriminatory call, based on objective criteria linked to experience, expertise and operational and financial capacity; (c) the managers of urban development funds shall receive a remuneration linked to performance, or shall share part of the investment risks by co-investing own resources so as to ensure that their interests are permanently aligned with the interests of the public investors; (d) the managers of urban development funds shall set out an investment strategy, criteria and the proposed timing of investments in urban development projects, establishing the ex ante financial viability and their expected impact on urban development; (e) a clear and realistic exit strategy shall exist for each equity and quasi-equity investment. 10. Where an urban development fund provides loans or guarantees to urban development projects, the following conditions shall be fulfilled: (a) in the case of loans, the nominal amount of the loan is taken into account in calculating the maximum investment amount for the purposes of paragraph 3 of this Article; (b) in the case of guarantees, the nominal amount of the underlying loan is taken into account in calculating the maximum investment amount for the purposes of paragraph 3 of this Article. 11. The Member State may assign the implementation of the urban development aid measure to an entrusted entity.

    Empreinte du texte 3cfa6e6284efc3737d8dbbd1ada1e18ae6114da8e1e90b56da17617409f34067, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/016

17. 017 Article 17

    Article 17 Investment aid to SMEs 1. Investment aid to SMEs operating inside or outside the territory of the Union shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be either or both of the following: (a) the costs of investment in tangible and intangible assets; (b) the estimated wage costs of employment directly created by the investment project, calculated over a period of two years. 3. In order to be considered an eligible cost for the purposes of this Article, an investment shall consist of the following: (a) an investment in tangible and/or intangible assets relating to the setting-up of a new establishment, the extension of an existing establishment, diversification of the output of an establishment into new additional products or a fundamental change in the overall production process of an existing establishment; or (b) the acquisition of the assets belonging to an establishment, where the following conditions are fulfilled: the establishment has closed or would have closed had it not been purchased; the assets are purchased from third parties unrelated to the buyer; the transaction takes place under market conditions. Where a member of the family of the original owner, or an employee, takes over a small enterprise, the condition that the assets shall be bought from third parties unrelated to the buyer shall be waived. The sole acquisition of the shares of an undertaking shall not constitute investment. 4. Intangible assets shall fulfil all of the following conditions: (a) they shall be used exclusively in the establishment receiving the aid; (b) they shall be regarded as amortizable assets; (c) they shall be purchased under market conditions from third parties unrelated to the buyer; (d) they shall be included in the assets of the undertaking for at least three years; 5. Employment directly created by an investment project shall fulfil the following conditions: (a) it shall be created within three years of completion of the investment; (b) there shall be a net increase in the number of employees in the establishment concerned, compared with the average over the previous 12 months; (c) it shall be maintained during a minimum period of three years from the date the post was first filled. 6. The aid intensity shall not exceed: (a) 20 % of the eligible costs in the case of small enterprises; (b) 10 % of the eligible costs in the case of medium-sized enterprises.

    Empreinte du texte 7b9861b15ca51d73253395125a7a8ec1cbbf358147ac0a85a9ae14a695f296c8, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/017

18. 018 Article 18

    Article 18 Aid for consultancy in favour of SMEs 1. Aid for consultancy in favour of SMEs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The aid intensity shall not exceed 50 % of the eligible costs. 3. The eligible costs shall be the costs of consultancy services provided by external consultants. 4. The services concerned shall not be a continuous or periodic activity nor relate to the undertaking's usual operating costs, such as routine tax consultancy services, regular legal services or advertising.

    Empreinte du texte 34056b3c144040e7c9e9fa191851d24c557ae7a7f45a1c36d6b536f1231aa6c4, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/018

19. 019 Article 19

    Article 19 Aid to SMEs for participation in fairs 1. Aid to SMEs for participation in fairs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the costs incurred for renting, setting up and running the stand for the participation of an undertaking in any particular fair or exhibition. 3. The aid intensity shall not exceed 50 % of the eligible costs.

    Empreinte du texte ec417618b0af4d93669f830cd0da7876959b2855bb8e7001ca445cc45fb1b75c, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/019

20. 020 Article 20

    Article 20 Aid for cooperation costs incurred by SMEs participating in European Territorial Cooperation projects 1. Aid for cooperation costs incurred by SMEs participating in the European Territorial Cooperation projects covered by Regulation (EC) No 1299/2013 of the European Parliament and of the Council shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the following: (a) costs for organisational cooperation including the cost of staff and offices to the extent that it is linked to the cooperation project; (b) costs of advisory and support services linked to cooperation and delivered by external consultants and service providers; (c) travel expenses, costs of equipment and investment expenditure directly related to the project and depreciation of tools and equipment used directly for the project. 3. The services referred to in paragraph 2(b) shall not be a continuous or periodic activity nor relate to the undertaking's usual operating costs, such as routine tax consultancy services, regular legal services or routine advertising. 4. The aid intensity shall not exceed 50 % of the eligible costs.

    Empreinte du texte a3c049aff3f108212c7d395c9e6fec19121edbfda875678af071cceacf385166, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/020

21. 021 Article 21

    Article 21 Risk finance aid 1. Risk finance aid schemes in favour of SMEs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. At the level of financial intermediaries, risk finance aid to independent private investors may take one of the following forms: (a) equity or quasi-equity, or financial endowment to provide risk finance investments directly or indirectly to eligible undertakings; (b) loans to provide risk finance investments directly or indirectly to eligible undertakings; (c) guarantees to cover losses from risk finance investments directly or indirectly to eligible undertakings. 3. At the level of independent private investors, risk finance aid may take the forms mentioned in paragraph 2 of this Article, or be in the form of tax incentives to private investors who are natural persons providing risk finance directly or indirectly to eligible undertakings. 4. At the level of eligible undertakings, risk finance aid may take the form of equity, quasi-equity investments, loans, guarantees, or a mix thereof. 5. Eligible undertakings shall be undertakings which at the time of the initial risk finance investment are unlisted SMEs and fulfil at least one of the following conditions: (a) they have not been operating in any market; (b) they have been operating in any market for less than 7 years following their first commercial sale; (c) they require an initial risk finance investment which, based on a business plan prepared in view of entering a new product or geographical market, is higher than 50 % of their average annual turnover in the preceding 5 years. 6. The risk finance aid may also cover follow-on investments made in eligible undertakings, including after the 7 year period mentioned in paragraph 5(b), if the following cumulative conditions are fulfilled: (a) the total amount of risk finance mentioned in paragraph 9 is not exceeded; (b) the possibility of follow-on investments was foreseen in the original business plan; (c) the undertaking receiving follow-on investments has not become linked, within the meaning of Article 3(3) of Annex I with another undertaking other than the financial intermediary or the independent private investor providing risk finance under the measure, unless the new entity fulfils the conditions of the SME definition. 7. For equity and quasi-equity investments in eligible undertakings, a risk finance measure may provide support for replacement capital only if the latter is combined with new capital representing at least 50 % of each investment round into the eligible undertakings. 8. For equity and quasi-equity investments as referred to in paragraph 2(a), no more than 30 % of the financial intermediary's aggregate capital contributions and uncalled committed capital may be used for liquidity management purposes. 9. The total amount of risk finance referred to in paragraph 4 shall not exceed EUR 15 million per eligible undertaking under any risk finance measure. 10. For risk finance measures providing equity, quasi-equity or loan investments to eligible undertakings, the risk finance measure shall leverage additional finance from independent private investors at the level of the financial intermediaries or the eligible undertakings, so as to achieve an aggregate private participation rate reaching the following minimum thresholds: (a) 10 % of the risk finance provided to the eligible undertakings prior to their first commercial sale on any market; (b) 40 % of the risk finance provided to the eligible undertakings referred to in paragraph 5(b) of this Article; (c) 60 % of the risk finance for investment provided to eligible undertakings mentioned in paragraph 5(c) and for follow-on investments in eligible undertakings after the 7-year period mentioned in paragraph 5(b). 11. Where a risk finance measure is implemented through a financial intermediary targeting eligible undertakings at different development stages as referred to in paragraph 10 and does not provide for private capital participation at the level of the eligible undertakings the financial intermediary shall achieve a private participation rate that represents at least the weighted average based on the volume of the individual investments in the underlying portfolio and resulting from the application of the minimum participation rates to such investments as referred to in paragraph 10. 12. A risk finance measure shall not discriminate between financial intermediaries on the basis of their place of establishment or incorporation in any Member State. Financial intermediaries may be required to fulfil predefined criteria objectively justified by the nature of the investments. 13. A risk finance measure shall fulfil the following conditions: (a) it shall be implemented via one or more financial intermediaries, except for tax incentives to private investors in respect of their direct investments into eligible undertakings; (b) financial intermediaries, as well as investors or fund managers shall be selected through an open, transparent and non-discriminatory call which is made in accordance with applicable Union and national laws and aimed at establishing appropriate risk-reward sharing arrangements whereby, for investments other than guarantees, asymmetric profit sharing shall be given preference over downside protection; (c) in the case of asymmetric loss-sharing between public and private investors, the first loss assumed by the public investor shall be capped at 25 % of the total investment; (d) in the case of guarantees falling under point 2(c), the guarantee rate shall be limited to 80 % and total losses assumed by a Member State shall be capped at a maximum of 25 % of the underlying guaranteed portfolio. Only guarantees covering expected losses of the underlying guaranteed portfolio can be provided for free. If a guarantee also comprises coverage of unexpected losses, the financial intermediary shall pay, for the part of the guarantee covering unexpected losses, a market-conform guarantee premium. 14. Risk finance measures shall ensure profit-driven financing decisions. This is considered to be the case where all of the following conditions are fulfilled: (a) financial intermediaries shall be established according to the applicable laws. (b) the Member State, or the entity entrusted with the implementation of the measure, shall provide for a due diligence process in order to ensure a commercially sound investment strategy for the purpose of implementing the risk finance measure, including an appropriate risk diversification policy aimed at achieving economic viability and efficient scale in terms of size and territorial scope of the relevant portfolio of investments; (c) risk finance provided to the eligible undertakings shall be based on a viable business plan, containing details of product, sales and profitability development, establishing ex-ante financial viability; (d) a clear and realistic exit strategy shall exist for each equity and quasi-equity investment. 15. Financial intermediaries shall be managed on a commercial basis. This requirement is considered to be fulfilled where the financial intermediary and, depending on the type of risk finance measure, the fund manager, fulfil the following conditions: (a) they shall be obliged by law or contract to act with the diligence of a professional manager in good faith and avoiding conflicts of interest; best practices and regulatory supervision shall apply; (b) their remuneration shall conform to market practices. This requirement is presumed to be met where the manager or the financial intermediary is selected through an open, transparent and non-discriminatory selection call, based on objective criteria linked to experience, expertise and operational and financial capacity; (c) they shall receive a remuneration linked to performance, or shall share part of the investment risks by co-investing own resources so as to ensure that their interests are permanently aligned with the interests of the public investor; (d) they shall set out an investment strategy, criteria and the proposed timing of investments; (e) investors shall be allowed to be represented in the governance bodies of the investment fund, such as the supervisory board or the advisory committee. 16. A risk finance measure providing guarantees or loans to eligible undertakings, shall fulfil the following conditions: (a) as a result of the measure, the financial intermediary shall undertake investments that would not have been carried out or would have been carried out in a restricted or different manner without the aid. The financial intermediary shall be able to demonstrate that it operates a mechanism that ensures that all the advantages are passed on to the largest extent to the final beneficiaries in the form of higher volumes of financing, riskier portfolios, lower collateral requirements, lower guarantee premiums or lower interest rates; (b) in the case of loans, the nominal amount of the loan is taken into account in calculating the maximum investment amount for the purposes of paragraph 9; (c) in the case of guarantees, the nominal amount of the underlying loan is taken into account in calculating the maximum investment amount for the purposes of paragraph 9. The guarantee shall not exceed 80 % of the underlying loan. 17. A Member State may assign the implementation of a risk finance measure to an entrusted entity. 18. Risk finance aid for SMEs that do not fulfil the conditions laid down in paragraph 5 shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that (a) at the level of the SMEs, the aid fulfils the conditions laid down in Regulation (EU) No 1407/2013; and (b) all the conditions laid down in the present Article, with the exception of those set out in paragraphs 5, 6, 9, 10, and 11, are fulfilled; and (c) for risk finance measures providing equity, quasi-equity or loan investments to eligible undertakings, the measure shall leverage additional financing from independent private investors at the level of the financial intermediaries or the SMEs, so as to achieve an aggregate private participation rate reaching at least 60 % of the risk finance provided to the SMEs.

    Empreinte du texte 12a5f0e5a6cc4a0091042ecb4edf6ff58b6b2fb6a2fe35bc6f10b49bb3ac3e7b, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/021

22. 022 Article 22

    Article 22 Aid for start-ups 1. Start-up aid schemes shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Eligible undertakings shall be unlisted small enterprises up to five years following their registration, which have not yet distributed profits and have not been formed through a merger. For eligible undertakings that are not subject to registration the five years eligibility period may be considered to start from the moment when the enterprise either starts its economic activity or is liable to tax for its economic activity. 3. Start-up aid shall take the form of: (a) loans with interest rates which are not conform with market conditions, with a duration of 10 years and up to a maximum nominal amount of EUR 1 million, or EUR 1,5 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty, or EUR 2 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty. For loans with a duration comprised between 5 and 10 years the maximum amounts may be adjusted by multiplying the amounts above by the ratio between 10 years and the actual duration of the loan. For loans with a duration of less than 5 years, the maximum amount shall be the same as for loans with a duration of 5 years; (b) guarantees with premiums which are not conform with market conditions, with a duration of 10 years and up to maximum EUR 1,5 million of amount guaranteed, or EUR 2,25 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty, or EUR 3 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty. For guarantees with a duration comprised between 5 and 10 years the maximum amount guaranteed amounts may be adjusted by multiplying the amounts above by the ratio between 10 years and the actual duration of the guarantee. For guarantees with a duration of less than 5 years, the maximum amount guaranteed shall be the same as for guarantees with a duration of 5 years. The guarantee shall not exceed 80 % of the underlying loan. (c) grants, including equity or quasi equity investment, interests rate and guarantee premium reductions up to EUR 0,4 million gross grant equivalent or EUR 0,6 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty, or EUR 0,8 million for undertakings established in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty. 4. A beneficiary can receive support through a mix of the aid instruments referred to in paragraph 3 of this Article, provided that the proportion of the amount granted through one aid instrument, calculated on the basis of the maximum aid amount allowed for that instrument, is taken into account in order to determine the residual proportion of the maximum aid amount allowed for the other instruments forming part of such a mixed instrument. 5. For small and innovative enterprises, the maximum amounts set out in paragraph 3 may be doubled.

    Empreinte du texte 12fbed0e9bcfd581c4097feaaae091de97ea5ebb911773e0d4f9d0bdd2438547, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/022

23. 023 Article 23

    Article 23 Aid to alternative trading platforms specialised in SMEs 1. Aid in favour of alternative trading platforms specialised in SMEs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Where the platform operator is a small enterprise, the aid measure may take the form of start-up aid to the platform operator, in which case the conditions laid down in Article 22 shall apply. The aid measure may take the form of tax incentives to independent private investors that are natural persons in respect of their risk finance investments made through an alternative trading platform into undertakings eligible under the conditions laid down in Article 21.

    Empreinte du texte 3233d7d47bdf79e6fde8248e3837c5d45b8a6c20e66a0661d948a3669b652068, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/023

24. 024 Article 24

    Article 24 Aid for scouting costs 1. Aid for scouting costs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the costs for initial screening and formal due diligence undertaken by managers of financial intermediaries or investors to identify eligible undertakings pursuant to Articles 21 and 22. 3. The aid intensity shall not exceed 50 % of the eligible costs.

    Empreinte du texte 126a8df7f3badf5e5524ac228ed5fc3aa4cd2816abac29af1c2bbb671a364790, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/024

25. 025 Article 25

    Article 25 Aid for research and development projects 1. Aid for research and development projects shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The aided part of the research and development project shall completely fall within one or more of the following categories: (a) fundamental research; (b) industrial research; (c) experimental development; (d) feasibility studies. 3. The eligible costs of research and development projects shall be allocated to a specific category of research and development and shall be the following: (a) personnel costs: researchers, technicians and other supporting staff to the extent employed on the project; (b) costs of instruments and equipment to the extent and for the period used for the project. Where such instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible. (c) Costs for of buildings and land, to the extent and for the duration period used for the project. With regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible. For land, costs of commercial transfer or actually incurred capital costs are eligible. (d) costs of contractual research, knowledge and patents bought or licensed from outside sources at arm's length conditions, as well as costs of consultancy and equivalent services used exclusively for the project; (e) additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the project; 4. The eligible costs for feasibility studies shall be the costs of the study. 5. The aid intensity for each beneficiary shall not exceed: (a) 100 % of the eligible costs for fundamental research; (b) 50 % of the eligible costs for industrial research; (c) 25 % of the eligible costs for experimental development; (d) 50 % of the eligible costs for feasibility studies. 6. The aid intensities for industrial research and experimental development may be increased up to a maximum aid intensity of 80 % of the eligible costs as follows: (a) by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises; (b) by 15 percentage points if one of the following conditions is fulfilled: (i) the project involves effective collaboration: between undertakings among which at least one is an SME, or is carried out in at least two Member States, or in a Member State and in a Contracting Party of the EEA Agreement, and no single undertaking bears more than 70 % of the eligible costs, or between an undertaking and one or more research and knowledge-dissemination organisations, where the latter bear at least 10 % of the eligible costs and have the right to publish their own research results; (ii) the results of the project are widely disseminated through conferences, publication, open access repositories, or free or open source software. 7. The aid intensities for feasibility studies may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises;

    Empreinte du texte a1a61b01f2704021357a06f9163470c6c339cbdfa3b000e590f343fe199eb01d, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/025

26. 026 Article 26

    Article 26 Investment aid for research infrastructures 1. Aid for the construction or upgrade of research infrastructures that perform economic activities shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Where a research infrastructure pursues both economic and non-economic activities, the financing, costs and revenues of each type of activity shall be accounted for separately on the basis of consistently applied and objectively justifiable cost accounting principles. 3. The price charged for the operation or use of the infrastructure shall correspond to a market price. 4. Access to the infrastructure shall be open to several users and be granted on a transparent and non-discriminatory basis. Undertakings which have financed at least 10 % of the investment costs of the infrastructure may be granted preferential access under more favourable conditions. In order to avoid overcompensation, such access shall be proportional to the undertaking's contribution to the investment costs and these conditions shall be made publicly available. 5. The eligible costs shall be the investment costs in intangible and tangible assets. 6. The aid intensity shall not exceed 50 % of the eligible costs. 7. Where a research infrastructure receives public funding for both economic and non-economic activities, Member States shall put in place a monitoring and claw-back mechanism in order to ensure that the applicable aid intensity is not exceeded as a result of an increase in the share of economic activities compared to the situation envisaged at the time of awarding the aid.

    Empreinte du texte 362c5223a8d1f291dc4f2052c6a77fa15f134135ef7ecea5905a489abfae19e0, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/026

27. 027 Article 27

    Article 27 Aid for innovation clusters 1. Aid for innovation clusters shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid for innovation clusters shall be granted exclusively to the legal entity operating the innovation cluster (cluster organisation). 3. Access to the cluster's premises, facilities and activities shall be open to several users and be granted on a transparent and non-discriminatory basis. Undertakings which have financed at least 10 % of the investment costs of the innovation cluster may be granted preferential access under more favourable conditions. In order to avoid overcompensation, such access shall be proportional to the undertaking's contribution to the investment costs and these conditions shall be made publicly available. 4. The fees charged for using the cluster's facilities and for participating in the cluster's activities shall correspond to the market price or reflect their costs. 5. Investment aid may be granted for the construction or upgrade of innovation clusters. The eligible costs shall be the investment costs in intangible and tangible assets. 6. The aid intensity of investment aid for innovation clusters shall not exceed 50 % of the eligible costs. The aid intensity may be increased by 15 percentage points for innovation clusters located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for innovation clusters located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty 7. Operating aid may be granted for the operation of innovation clusters. It shall not exceed 10 years. 8. The eligible costs of operating aid for innovation clusters shall be the personnel and administrative costs (including overhead costs) relating to: (a) animation of the cluster to facilitate collaboration, information sharing and the provision or channelling of specialised and customised business support services; (b) marketing of the cluster to increase participation of new undertakings or organisations and to increase visibility; (c) management of the cluster's facilities; organisation of training programmes, workshops and conferences to support knowledge sharing and networking and transnational cooperation. 9. The aid intensity of operating aid shall not exceed 50 % of the total eligible costs during the period over which the aid is granted.

    Empreinte du texte 5e87aaedc7a102b2e93935d9f62233a4fea9b29c50f1c662fc52385a706df9a4, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/027

28. 028 Article 28

    Article 28 Innovation aid for SMEs 1. Innovation aid for SMEs shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled: 2. The eligible costs shall be the following: (a) costs for obtaining, validating and defending patents and other intangible assets; (b) costs for secondment of highly qualified personnel from a research and knowledge-dissemination organization or a large enterprise, working on research, development and innovation activities in a newly created function within the beneficiary and not replacing other personnel; (c) costs for innovation advisory and support services; 3. The aid intensity shall not exceed 50 % of the eligible costs. 4. In the particular case of aid for innovation advisory and support services the aid intensity can be increased up to 100 % of the eligible costs provided that the total amount of aid for innovation advisory and support services does not exceed EUR per undertaking within any three year period.

    Empreinte du texte fee3b5c27811e5956398a06893d5992598fea451bfc69dc77d1f1e1ba5c9e94e, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/028

29. 029 Article 29

    Article 29 Aid for process and organisational innovation 1. Aid for process and organisational innovation shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid to large undertakings shall only be compatible if they effectively collaborate with SMEs in the aided activity and the collaborating SMEs incur at least 30 % of the total eligible costs. 3. The eligible costs shall be the following: (a) personnel costs; (b) costs of instruments, equipment, buildings and land to the extent and for the period used for the project; (c) costs of contractual research, knowledge and patents bought or licensed from outside sources at arm's length conditions; (d) additional overheads and other operating costs, including costs of materials, supplies and similar products, incurred directly as a result of the project. 4. The aid intensity shall not exceed 15 % of the eligible costs for large undertakings and 50 % of the eligible costs for SMEs.

    Empreinte du texte f6ae6d14b8c4a94e3f66f7f0107d9b318ebd2493e5d1c893217bf7e627e035b6, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/029

30. 030 Article 30

    Article 30 Aid for research and development in the fishery and aquaculture sector 1. Aid for research and development in the fishery and aquaculture sector shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The aided project shall be of interest to all undertakings in the particular sector or sub-sector concerned. 3. Prior to the date of the start of the aided project the following information shall be published on the internet: (a) that the aided project will be carried out; (b) the goals of the aided project; (c) the approximate date for the publication of the results expected from the aided project and its place of publication on the internet; (d) a reference that the results of the aided project will be available to all undertakings active in the particular sector or sub-sector concerned at no cost. 4. The results of the aided project shall be made available on internet from the end date of the aided project or the date on which any information concerning those results is given to members of any particular organisation, whatever comes first. The results shall remain available on internet for a period of at least 5 years starting from the end date of the aided project. 5. Aid shall be granted directly to the research and knowledge-dissemination organisation and shall not involve the direct granting of non-research related aid to an undertaking producing, processing or marketing fishery or aquaculture products. 6. The eligible costs shall be those provided in Article 25(3). 7. The aid intensity shall not exceed 100 % of the eligible costs.

    Empreinte du texte b666f764f6904680dad5946f95ede652f148f16237e960f3e56694a9dc4c33b3, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/030

31. 031 Article 31

    Article 31 Training aid 1. Training aid shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall not be granted for training which undertakings carry out to comply with national mandatory standards on training. 3. The eligible costs shall be the following: (a) trainers' personnel costs, for the hours during which the trainers participate in the training; (b) trainers' and trainees' operating costs directly relating to the training project such as travel expenses, materials and supplies directly related to the project, depreciation of tools and equipment, to the extent that they are used exclusively for the training project. Accommodation costs are excluded except for the minimum necessary accommodation costs for trainees' who are workers with disabilities; (c) costs of advisory services linked to the training project; (d) trainees' personnel costs and general indirect costs (administrative costs, rent, overheads) for the hours during which the trainees participate in the training. 4. The aid intensity shall not exceed 50 % of the eligible costs. It may be increased, up to a maximum aid intensity of 70 % of the eligible costs, as follows: (a) by 10 percentage points if the training is given to workers with disabilities or disadvantaged workers; (b) by 10 percentage points if the aid is granted to medium-sized enterprises and by 20 percentage points if the aid is granted to small enterprises. 5. Where the aid is granted in the maritime transport sector, the aid intensity may be increased to 100 % of the eligible costs provided that the following conditions are met: (a) the trainees are not active members of the crew but are supernumerary on board; and (b) the training is carried out on board of ships entered in Union registers.

    Empreinte du texte 6cdc56ec8ceda0c43c4ab4e5c6f7ad86aa4359fa087a05a1c55c6a0783d0cd24, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/031

32. 032 Article 32

    Article 32 Aid for the recruitment of disadvantaged workers in the form of wage subsidies 1. Aid schemes for the recruitment of disadvantaged workers shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Eligible costs shall be the wage costs over a maximum period of 12 months following recruitment of a disadvantaged worker. Where the worker concerned is a severely disadvantaged worker, eligible costs shall be the wage costs over a maximum period of 24 months following recruitment. 3. Where the recruitment does not represent a net increase, compared with the average over the previous 12 months, in the number of employees in the undertaking concerned, the post or posts shall have fallen vacant following voluntary departure, disability, retirement on grounds of age, voluntary reduction of working time or lawful dismissal for misconduct and not as a result of redundancy. 4. Except in the case of lawful dismissal for misconduct, the disadvantaged workers shall be entitled to continuous employment for a minimum period consistent with the national legislation concerned or any collective agreements governing employment contracts. 5. If the period of employment is shorter than 12 months, or 24 months in the case of severely disadvantaged workers, the aid shall be reduced pro rata accordingly. 6. The aid intensity shall not exceed 50 % of the eligible costs.

    Empreinte du texte 5e3c1fd8ad204d39f853c3988f6178dcc0d7058549f3a23bfe968064b0856752, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/032

33. 033 Article 33

    Article 33 Aid for the employment of workers with disabilities in the form of wage subsidies 1. Aid for the employment of workers with disabilities shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Eligible costs shall be the wage costs over any given period during which the worker with disabilities is employed. 3. Where the recruitment does not represent a net increase, compared with the average over the previous 12 months, in the number of employees in the undertaking concerned, the post or posts shall have fallen vacant following voluntary departure, disabilities, retirement on grounds of age, voluntary reduction of working time or lawful dismissal for misconduct and not as a result of redundancy. 4. Except in the case of lawful dismissal for misconduct, the workers with disabilities shall be entitled to continuous employment for a minimum period consistent with the national legislation concerned or any collective agreements which are legally binding for the undertaking and governing employment contracts. 5. The aid intensity shall not exceed 75 % of the eligible costs.

    Empreinte du texte f32837c1336f38f08fe4febc74e05714b55ccb1bf205637a45be01d354aba262, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/033

34. 034 Article 34

    Article 34 Aid for compensating the additional costs of employing workers with disabilities 1. Aid for compensating the additional costs of employing workers with disabilities shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the following: (a) costs of adapting the premises; (b) costs of employing staff solely for time spent on the assistance of the workers with disabilities and of training such staff to assist workers with disabilities; (c) costs of adapting or acquiring equipment, or acquiring and validating software for use by workers with disabilities, including adapted or assistive technology facilities, which are additional to those which the beneficiary would have incurred had it employed workers who are not workers with disabilities; (d) costs directly linked to transport of workers with disabilities to the working place and for work related activities; (e) wage costs for the hours spent by a worker with disabilities on rehabilitation; (f) where the beneficiary provides sheltered employment, the costs of constructing, installing or modernising the production units of the undertaking concerned, and any costs of administration and transport, provided that such costs result directly from the employment of workers with disabilities. 3. The aid intensity shall not exceed 100 % of the eligible costs.

    Empreinte du texte 6c4e5ab1b0b64213d75a116abf192c74f652769596bffa5de5116177b3e58926, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/034

35. 035 Article 35

    Article 35 Aid for compensating the costs of assistance provided to disadvantaged workers 1. Aid for compensating the costs of assistance provided to disadvantaged workers shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempt from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the costs of: (a) employing staff solely for time spent on the assistance of the disadvantaged workers over a maximum period of 12 months following recruitment of a disadvantaged worker or over a maximum period of 24 months following recruitment of a severely disadvantaged worker; (b) of training such staff to assist disadvantaged workers. 3. The assistance provided shall consist of measures to support the disadvantaged worker's autonomy and adaptation to the work environment, in accompanying the worker in social and administrative procedures, facilitation of communication with the entrepreneur and managing conflicts. 4. The aid intensity shall not exceed 50 % of the eligible costs.

    Empreinte du texte efb31e63fb8b60272350a4ddf75003c206de34b3d38fecdaae561be7556aa195, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/035

36. 036 Article 36

    Article 36 Investment aid enabling undertakings to go beyond Union standards for environmental protection or to increase the level of environmental protection in the absence of Union standards 1. Investment aid enabling undertakings to go beyond Union standards for environmental protection or to increase the level of environmental protection in the absence of Union standards shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The investment shall fulfil one of the following conditions: (a) it shall enable the beneficiary to increase the level of environmental protection resulting from its activities by going beyond the applicable Union standards, irrespective of the presence of mandatory national standards that are more stringent than the Union standards; (b) it shall enable the beneficiary to increase the level of environmental protection resulting from its activities in the absence of Union standards. 3. Aid shall not be granted where investments are undertaken to ensure that undertakings comply with Union standards already adopted and not yet in force. 4. By way of derogation from paragraph 3, aid may be granted for (a) the acquisition of new transport vehicles for road, railway, inland waterway and maritime transport complying with adopted Union standards, provided that the acquisition occurs before those standards enter into force and that, once mandatory, they do not apply to vehicles already purchased before that date. (b) retrofitting of existing transport vehicles for road, railway, inland waterway and maritime transport, provided that the Union standards were not yet in force at the date of entry into operation of those vehicles and that, once mandatory, they do not apply retroactively to those vehicles. 5. The eligible costs shall be the extra investment costs necessary to go beyond the applicable Union standards or to increase the level of environmental protection in the absence of Union standards. They shall be determined as follows: (a) where the costs of investing in environmental protection can be identified in the total investment cost as a separate investment, this environmental protection-related cost shall constitute the eligible costs; (b) in all other cases, the costs of investing in environmental protection are identified by reference to a similar, less environmentally friendly investment that would have been credibly carried out without the aid. The difference between the costs of both investments identifies the environmental protection-related cost and constitutes the eligible costs. The costs not directly linked to the achievement of a higher level of environmental protection shall not be eligible. 6. The aid intensity shall not exceed 40 % of the eligible costs. 7. The aid intensity may be increased by 10 percentage points for aid granted to medium sized undertakings and by 20 percentage points for aid granted to small undertakings. 8. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty.

    Empreinte du texte 19fc87fce289c7cd3bf3c5ce5231690fa2fab9628323fc67053143573ccc1cbe, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/036

37. 037 Article 37

    Article 37 Investment aid for early adaptation to future Union standards 1. Aid encouraging undertakings to comply with new Union standards which increase the level of environmental protection and are not yet in force shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The Union standards shall have been adopted and the investment shall be implemented and finalised at least one year before the date of entry into force of the standard concerned. 3. The eligible costs shall be the extra investment costs necessary to go beyond the applicable Union standards. They shall be determined as follows: (a) where the costs of investing in environmental protection can be identified in the total investment cost as a separate investment, this environmental protection-related cost shall constitute the eligible costs; (b) in all other cases, the costs of investing in environmental protection are identified by reference to a similar, less environmentally friendly investment that would have been credibly carried out without the aid. The difference between the costs of both investments identifies the environmental protection-related cost and constitutes the eligible costs. The costs not directly linked to the achievement of a higher level of environmental protection shall not be eligible. 4. The aid intensity shall not exceed the following: (a) 20 % of the eligible costs for small undertakings, 15 % of the eligible costs for medium-sized undertakings and 10 % of the eligible costs for large undertakings if the implementation and finalisation of the investment take place more than three years before the date of entry into force of the new Union standard; (b) 15 % of the eligible costs for small undertakings, 10 % of the eligible costs for medium-sized undertakings and 5 % of the eligible costs for large undertakings if the implementation and finalisation of the investment take place between one and three years before the date of entry into force of the new Union standard. 5. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty.

    Empreinte du texte 3da91c8fe15710f90edbc6b322d2bda9bc098fc7fa69e56f07d0ea7a4a52cf7d, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/037

38. 038 Article 38

    Article 38 Investment aid for energy efficiency measures 1. Investment aid enabling undertakings to achieve energy efficiency shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall not be granted under this Article where improvements are undertaken to ensure that undertakings comply with Union standards already adopted, even if they are not yet in force. 3. The eligible costs shall be the extra investment costs necessary to achieve the higher level of energy efficiency. They shall be determined as follows: (a) where the costs of investing in energy efficiency can be identified in the total investment cost as a separate investment, this energy efficiency-related cost shall constitute the eligible costs; (b) in all other cases, the costs of investing in energy efficiency are identified by reference to a similar, less energy efficient investment that would have been credibly carried out without the aid. The difference between the costs of both investments identifies the energy efficiency-related cost and constitutes the eligible costs. The costs not directly linked to the achievement of a higher level of energy efficiency shall not be eligible. 4. The aid intensity shall not exceed 30 % of the eligible costs. 5. The aid intensity may be increased by 20 percentage points for aid granted to small undertakings and by 10 percentage points for aid granted to medium-sized undertakings. 6. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty.

    Empreinte du texte b22e910b78ab461f5af04adc75957b66a9b12277ba28ba32d067ca6aff2edd1b, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/038

39. 039 Article 39

    Article 39 Investment aid for energy efficiency projects in buildings 1. Investment aid for energy efficiency projects in buildings shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Eligible for aid under the present Article are energy efficiency projects relating to buildings. 3. The eligible costs shall be the overall costs of the energy efficiency project. 4. The aid shall be granted in the form of an endowment, equity, a guarantee or loan to an energy efficiency fund or other financial intermediary, which shall fully pass it on to the final beneficiaries being the building owners or tenants. 5. The aid granted by the energy efficiency fund or other financial intermediary to the eligible energy efficiency projects may take the form of loans or guarantees. The nominal value of the loan or the amount guaranteed shall not exceed EUR 10 million per project at the level of the final beneficiaries. The guarantee should not exceed 80 % of the underlying loan. 6. The repayment by the building owners to the energy efficiency fund or other financial intermediary shall not be less than the nominal value of the loan. 7. The energy efficiency aid shall leverage additional investment from private investors reaching at minimum 30 % of the total financing provided to an energy efficiency project. When the aid is provided by an energy efficiency fund, the leverage of private investment can be done at the level of the energy efficiency fund and/or at the level of the energy efficiency projects, so as to achieve an aggregate minimum 30 % of the total financing provided to an energy efficiency project. 8. Member States can set up energy efficiency funds and/or can use financial intermediaries when providing energy efficiency aid. The following conditions must then be fulfilled: (a) Financial intermediary managers, as well as energy efficiency fund managers shall be selected through an open, transparent and non-discriminatory call in accordance with applicable Union and national laws. In particular, there shall be no discrimination on the basis of their place of establishment or incorporation in any Member State. Financial intermediaries and energy efficiency fund managers may be required to fulfil predefined criteria objectively justified by the nature of the investments; (b) The independent private investors shall be selected through an open, transparent and non-discriminatory call in accordance with applicable Union and national laws aimed at establishing the appropriate risk-reward sharing arrangements whereby, for investments other than guarantees, asymmetric profit-sharing shall be given preference over downside protection. If the private investors are not selected by such a call, the fair rate of return to the private investors shall be established by an independent expert selected via an open, transparent and non-discriminatory call; (c) In the case of asymmetric loss-sharing between public and private investors, the first loss assumed by the public investor shall be capped at 25 % of the total investment; (d) In the case of guarantees, the guarantee rate shall be limited to 80 % and total losses assumed by a Member State shall be capped at 25 % of the underlying guaranteed portfolio. Only guarantees covering the expected losses of the underlying guaranteed portfolio can be provided for free. If a guarantee also comprises coverage of unexpected losses, the financial intermediary shall pay, for the part of the guarantee covering unexpected losses, a market-conform guarantee premium; (e) The investors shall be allowed to be represented in the governance bodies of the energy efficiency fund or financial intermediary, such as the supervisory board or the advisory committee; (f) The energy efficiency fund or financial intermediary shall be established according to the applicable laws and the Member State shall provide for a due diligence process in order to ensure a commercially sound investment strategy for the purpose of implementing the energy efficiency aid measure. 9. Financial intermediaries, including energy efficiency funds shall be managed on a commercial basis and shall ensure profit-driven financing decisions. This is considered to be the case when the financial intermediary and, as the case may be, the managers of the energy efficiency fund fulfil the following conditions: (a) they are obliged by law or contract to act with the diligence of a professional manager in good faith and avoiding conflicts of interest; best practices and regulatory supervision shall apply; (b) their remuneration conforms with market practices. This requirement is considered to be met where the manager is selected through an open, transparent and non-discriminatory call, based on objective criteria linked to experience, expertise and operational and financial capacity; (c) they shall receive a remuneration linked to performance, or shall share part of the investment risks by co-investing own resources so as to ensure that their interests are permanently aligned with the interests of the public investor; (d) they shall set out an investment strategy, criteria and the proposed timing of investments in energy efficiency projects, establishing the ex-ante financial viability and their expected impact on energy efficiency. (e) a clear and realistic exit strategy shall exist for the public funds invested in the energy efficiency fund or granted to the financial intermediary, allowing the market to finance energy efficiency projects when the market is ready to do so. 10. Energy efficiency improvements undertaken to ensure that the beneficiary complies with Union standards which have already been adopted shall not be exempted from the notification requirement under this Article.

    Empreinte du texte 2110bcc9bf4534223400e1378fd2ac7a10be1576315ec6522384aecdee9bab9f, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/039

40. 040 Article 40

    Article 40 Investment aid for high-efficiency cogeneration 1. Investment aid for high-efficiency cogeneration shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The investment aid shall be granted in respect of newly installed or refurbished capacities only. 3. The new cogeneration unit shall provide overall primary energy savings compared to separate production of heat and electricity as provided for by Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC. The improvement of an existing cogeneration unit or conversion of an existing power generation unit into a cogeneration unit shall result in primary energy savings compared to the original situation. 4. The eligible costs shall be the extra investment costs for the equipment needed for the installation to operate as a high-efficiency cogeneration installation, compared to conventional electricity or heating installations of the same capacity or the extra investment cost to upgrade to a higher efficiency when an existing installation already meets the high-efficiency threshold. 5. The aid intensity shall not exceed 45 % of the eligible costs. The aid intensity may be increased by 20 percentage points for aid granted to small undertakings and by 10 percentage points for aid granted to medium-sized undertakings. 6. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty.

    Empreinte du texte 868daf1bccf6fdd0d928fb0d387b9c78c525edbbb4fad1949ef2b04dcb4dca81, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/040

41. 041 Article 41

    Article 41 Investment aid for the promotion of energy from renewable sources 1. Investment aid for the promotion of energy from renewable energy sources shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Investment aid for the production of biofuels shall be exempted from the notification requirement only to the extent that the aided investments are used for the production of sustainable biofuels other than food-based biofuels. However, investment aid to convert existing food-based biofuel plants into advanced biofuel plants shall be exempted under this Article, provided that the food-based production would be reduced commensurate to the new capacity. 3. Aid shall not be granted for biofuels which are subject to a supply or blending obligation. 4. Aid shall not be granted for hydropower installations that do not comply with Directive 2000/60/EC of the European Parliament. 5. The investment aid shall be granted to new installations only. No aid shall be granted or paid out after the installation started operations and aid shall be independent from the output. 6. The eligible costs shall be the extra investment costs necessary to promote the production of energy from renewable sources. They shall be determined as follows: (a) where the costs of investing in the production of energy from renewable sources can be identified in the total investment cost as a separate investment, for instance as a readily identifiable add-on component to a pre-existing facility, this renewable energy-related cost shall constitute the eligible costs; (b) where the costs of investing in the production of energy from renewable sources can be identified by reference to a similar, less environmentally friendly investment that would have been credibly carried out without the aid, this difference between the costs of both investments identifies the renewable energy-related cost and constitutes the eligible costs; (c) for certain small installations where a less environmentally friendly investment cannot be established as plants of a limited size do not exist, the total investment costs to achieve a higher level of environmental protection shall constitute the eligible costs. The costs not directly linked to the achievement of a higher level of environmental protection shall not be eligible. 7. The aid intensity shall not exceed: (a) 45 % of the eligible costs if the eligible costs are calculated on the basis of point (6)(a) or point (6)(b); (b) 30 % of the eligible cost if the eligible costs are calculated on the basis of point point (6)(c). 8. The aid intensity may be increased by 20 percentage points for aid granted to small undertakings and by 10 percentage points for aid granted to medium-sized undertakings. 9. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty. 10. Where aid is granted in a competitive bidding process on the basis of clear, transparent and non-discriminatory criteria, the aid intensity may reach 100 % of the eligible costs. Such a bidding process shall be non-discriminatory and provide for the participation of all interested undertakings. The budget related to the bidding process shall be a binding constraint in the sense that not all participants can receive aid and the aid shall be granted on the basis of the initial bid submitted by the bidder, therefore excluding subsequent negotiations.

    Empreinte du texte c0e3f5b0547dfdf27206232905598532e9ff3f9a59536cb09843ce119a5170c3, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/041

42. 042 Article 42

    Article 42 Operating aid for the promotion of electricity from renewable sources 1. Operating aid for the promotion of electricity from renewable energy sources shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall be granted in a competitive bidding process on the basis of clear, transparent and non-discriminatory criteria which shall be open to all generators producing electricity from renewable energy sources on a non-discriminatory basis. 3. The bidding process can be limited to specific technologies where a process open to all generators would lead to a suboptimal result which cannot be addressed in the process design in view of in particular: (i) the longer-term potential of a given new and innovative technology; or (ii) the need to achieve diversification; or (iii) network constraints and grid stability; or (iv) system (integration) costs; or (v) the need to avoid distortions on the raw material markets from biomass support Member States shall carry out a detailed assessment of the applicability of such conditions and report it to the Commission according to the modalities described in Article 11 (a). 4. Aid shall be granted to new and innovative renewable energy technologies in a competitive bidding process open to at least one such technology on the basis of clear, transparent and non-discriminatory criteria. Such aid shall not be granted for more than 5 % of the planned new electricity capacity from renewable energy sources per year in total. 5. Aid shall be granted as a premium in addition to the market price whereby the generators sell their electricity directly in the market. 6. Aid beneficiaries shall be subject to standard balancing responsibilities. Beneficiaries may outsource balancing responsibilities to other undertakings on their behalf, such as aggregators. 7. Aid shall not be granted when prices are negative. 8. Aid may be granted in the absence of a competitive bidding process as described in paragraph 2 to installations with an installed electricity capacity of less than 1 MW for the production of electricity from all renewable sources except for wind energy, where aid may be granted in the absence of a competitive bidding process as described in paragraph 2 to installations with an installed electricity capacity of less than 6 MW or to installations with less than 6 generation units. Without prejudice to paragraph 9, when aid is granted in the absence of a competitive bidding process, the conditions under paragraphs 5, 6 and 7 shall be respected. In addition, when aid is granted in the absence of a competitive bidding process, the conditions under Article 43 paragraphs 5, 6 and 7 shall be applicable. 9. The conditions under paragraphs 5, 6 and 7 shall not apply to operating aid granted to installations with an installed electricity capacity of less than 500 kW for the production of electricity from all renewable sources except for wind energy, where these conditions shall not apply to operating aid granted to installations with an installed electricity capacity of less than 3 MW or to installations with less than 3 generation units. 10. For the purpose of calculating the above maximum capacities referred to in paragraphs 8 and 9, installations with a common connection point to the electricity grid shall be considered as one installation. 11. Aid shall only be granted until the plant generating the electricity from renewable sources has been fully depreciated according to generally accepted accounting principles. Any investment aid previously received must be deducted from the operating aid.

    Empreinte du texte 485eb1c4e4c7b98978b21e498d282e42ee3bc3337d5b46b301a060918e4a114e, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/042

43. 043 Article 43

    Article 43 Operating aid for the promotion of energy from renewable sources in small scale installations 1. Operating aid for the promotion of energy from renewable energy sources in small scale installations shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall only be granted to installations with an installed capacity of less than 500 kW for the production of energy from all renewable sources except for wind energy, for which aid shall be granted to installations with an installed capacity of less than 3 MW or with less than 3 generation units and for biofuels, for which aid shall be granted to installations with an installed capacity of less than tonnes/year. For the purpose of calculating those maximum capacities, small scale installations with a common connection point to the electricity grid shall be considered as one installation. 3. Aid shall only be granted to installations producing sustainable biofuels other than food-based biofuels. However, operating aid to plants producing food-based biofuels that have started operation before 31 December 2013 and are not yet fully depreciated shall be exempted under this Article but in any event no later than 2020. 4. Aid shall not be granted for biofuels which are subject to a supply or blending obligation. 5. The aid per unit of energy shall not exceed the difference between the total levelized costs of producing energy from the renewable source in question and the market price of the form of energy concerned. The levelized costs shall be updated regularly and at least every year. 6. The maximum rate of return used in the levelized cost calculation shall not exceed the relevant swap rate plus a premium of 100 basis points. The relevant swap rate shall be the swap rate of the currency in which the aid is granted for a maturity that reflects the depreciation period of the installations supported. 7. Aid shall only be granted until the installation has been fully depreciated according to generally accepted accounting principles. Any investment aid granted to an installation shall be deducted from the operating aid.

    Empreinte du texte d3701312ba3c97689773cb89fbb2e6901ced9d6153569f7b3e33629530cbd1f6, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/043

44. 044 Article 44

    Article 44 Aid in the form of reductions in environmental taxes under Directive 2003/96/EC 1. Aid schemes in the form of reductions in environmental taxes fulfilling the conditions of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The beneficiaries of the tax reduction shall be selected on the basis of transparent and objective criteria and shall pay at least the respective minimum level of taxation set by Directive 2003/96/EC. 3. Aid schemes in the form of tax reductions shall be based on a reduction of the applicable environmental tax rate or on the payment of a fixed compensation amount or on a combination of these mechanisms. 4. Aid shall not be granted for biofuels which are subject to a supply or blending obligation.

    Empreinte du texte d047398fdab9fbe03f109d8c937b8071132759f5404936e403f9cb4bcff8c27a, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/044

45. 045 Article 45

    Article 45 Investment aid for remediation of contaminated sites 1. Investment aid to undertakings repairing environmental damage by remediating contaminated sites shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The investment shall lead to the repair of the environmental damage, including damage to the quality of the soil or of surface water or groundwater. 3. Where the legal or physical person liable for the environmental damage under the law applicable in each Member State without prejudice to the Union rules in this matter — in particular Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage as amended by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 and Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC — is identified, that person must finance the remediation in accordance with the ‘polluter pays’ principle, and no State aid shall be granted. Where the person liable under the applicable law is not identified or cannot be made to bear the costs, the person responsible for the remediation or decontamination work may receive State aid. 4. The eligible costs shall be the costs incurred for the remediation work, less the increase in the value of the land. All expenditure incurred by an undertaking in remediating its site, whether or not such expenditure can be shown as a fixed asset on its balance sheet, may be considered as eligible investment in the case of the remediation of contaminated sites. 5. Evaluations of the increase in value of the land resulting from remediation shall be carried out by an independent expert. 6. The aid intensity shall not exceed 100 % of the eligible costs.

    Empreinte du texte 09ce7a0bd1c0299cc3b40797e26c067af8c8506653ebf563bf6abb664d1d3ff1, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/045

46. 046 Article 46

    Article 46 Investment aid for energy efficient district heating and cooling 1. Investment aid for the installation of energy efficient district heating and cooling system shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs for the production plant shall be the extra costs needed for the construction, expansion and refurbishment of one or more generation units to operate as an energy efficient district heating and cooling system compared to a conventional production plant. The investment shall be an integral part of the energy efficient district heating and cooling system. 3. The aid intensity for the production plant shall not exceed 45 % of the eligible costs. The aid intensity may be increased by 20 percentage points for aid granted to small undertakings and by 10 percentage points for aid granted to medium-sized undertakings. 4. The aid intensity for the production plant may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty. 5. The eligible costs for the distribution network shall be the investment costs. 6. The aid amount for the distribution network shall not exceed the difference between the eligible costs and the operating profit. The operating profit shall be deducted from the eligible costs ex ante or through a claw-back mechanism.

    Empreinte du texte c7c4fbe69279b599e8b0e44418479b481307ddc0ee023855b8fdbb23842f5d07, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/046

47. 047 Article 47

    Article 47 Investment aid for waste recycling and re-utilisation 1. Investment aid for waste recycling and re-utilisation shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The investment aid shall be granted for the recycling and re-utilisation of waste generated by other undertakings. 3. The recycled or re-used materials treated would otherwise be disposed of, or be treated in a less environmentally friendly manner. Aid to waste recovery operations other than recycling shall not be block exempted under this Article. 4. The aid shall not indirectly relieve the polluters from a burden that should be borne by them under Union law, or from a burden that should be considered a normal company cost. 5. The investment shall not merely increase demand for the materials to be recycled without increasing collection of those materials. 6. The investment shall go beyond the state of the art. 7. The eligible costs shall be the extra investment costs necessary to realise an investment leading to better or more efficient recycling or re-use activities compared to a conventional process of re-use and recycling activities with the same capacity that would be constructed in the absence the aid. 8. The aid intensity shall not exceed 35 % of the eligible costs. The aid intensity may be increased by 20 percentage points for aid granted to small undertakings and by 10 percentage points for aid granted to medium-sized undertakings. 9. The aid intensity may be increased by 15 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(a) of the Treaty and by 5 percentage points for investments located in assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty. 10. Aid for investments relating to the recycling and re-utilisation of the beneficiary's own waste shall not be exempt from the notification requirement under this Article.

    Empreinte du texte ed0f222f4b48ee02a714a5d6f65f0352459774888e2f7713495b2b92ff4ec7e0, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/047

48. 048 Article 48

    Article 48 Investment aid for energy infrastructure 1. Investment aid for the construction or upgrade of energy infrastructure shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall be granted for energy infrastructure located in assisted areas. 3. The energy infrastructure shall be subject to full tariff and access regulation according to internal energy market legislation. 4. The eligible costs shall be the investment costs. 5. The aid amount shall not exceed the difference between the eligible costs and the operating profit of the investment. The operating profit shall be deducted from the eligible costs ex ante or through a claw-back mechanism. 6. Aid for investments in electricity and gas storage projects and oil infrastructure shall not be exempt from the notification requirement under this Article.

    Empreinte du texte da5e02821333d0540f96a62c8a2ea3180aef9b4c40d964b63aa071ed8df97174, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/048

49. 049 Article 49

    Article 49 Aid for environmental studies 1. Aid for studies, including energy audits, directly linked to investments referred to in this Section shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the costs of the studies referred to in paragraph 1. 3. The aid intensity shall not exceed 50 % of the eligible costs. 4. The aid intensity may be increased by 20 percentage points for studies undertaken on behalf of small enterprises and by 10 percentage points for studies undertaken on behalf of medium size enterprises. 5. Aid shall not be granted to large undertakings for energy audits carried out under Article 8(4) of the Directive 2012/27/EU, unless the energy audit is carried out in addition to the mandatory energy audit under that Directive.

    Empreinte du texte 80826f6a87f3f552dfacd6b989706de4996054b6382f0a81c7432cbd4d266c35, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/049

50. 050 Article 50

    Article 50 Aid schemes to make good the damage caused by certain natural disasters 1. Aid schemes to make good the damage caused by earthquakes, avalanches, landslides, floods, tornadoes, hurricanes, volcanic eruptions and wild fires of natural origin shall be compatible with the internal market within the meaning of Article 107(2)(b) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall be granted subject to the following conditions: (a) the competent public authorities of a Member State have formally recognised the character of the event as a natural disaster; and (b) there is a direct causal link between the natural disaster and the damages suffered by the affected undertaking. 3. Aid schemes related to a specific natural disaster shall be introduced within three years following the occurrence of the event. Aid on the basis of such schemes shall be granted within four years following the occurrence. 4. The costs arising from the damage incurred as a direct consequence of the natural disaster, as assessed by an independent expert recognised by the competent national authority or by an insurance undertaking shall be eligible costs. Such damage may include material damage to assets such as buildings, equipment, machinery or stocks and loss of income due to the full or partial suspension of activity for a period not exceeding six months from the occurrence of the disaster. The calculation of the material damage shall be based on the repair cost or economic value of the affected asset before the disaster. It shall not exceed the repair cost or the decrease in fair market value caused by the disaster, that is to say the difference between the property's value immediately before and immediately after the occurrence of the disaster. Loss of income shall be calculated on the basis of financial data of the affected undertaking (earnings before interest and taxes (EBIT), depreciation and labour costs related only to the establishment affected by the natural disaster) by comparing the financial data for the six months after the occurrence of the disaster with the average of three years chosen among the five years preceding the occurrence of the disaster (by excluding the two years giving the best and the worst financial result) and calculated for the same six months period of the year. The damage shall be calculated at the level of the individual beneficiary. 5. The aid and any other payments received to compensate for the damage, including payments under insurance policies, shall not exceed 100 % of the eligible costs.

    Empreinte du texte b94563349526a2ad3c4ef7c6a8404079f18e4200a08245dec0f5d4a2dc64f330, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/050

51. 051 Article 51

    Article 51 Social aid for transport for residents of remote regions 1. Aid for air and maritime passenger transport shall be compatible with the internal market pursuant to Article 107(2)(a) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The entire aid shall be for the benefit of final consumers who have their normal residence in remote regions. 3. The aid shall be granted for passenger transport on a route linking an airport or port in a remote region with another airport or port within the European Economic Area. 4. The aid shall be granted without discrimination as to the identity of the carrier or type of service and without limitation as to the precise route to or from the remote region. 5. The eligible costs shall be the price of a return ticket from or to the remote region, including all taxes and charges invoiced by the carrier to the consumer. 6. The aid intensity shall not exceed 100 % of the eligible costs.

    Empreinte du texte abdbef01125d2394821ff2d39e21bb30c5e9dfaa5d7ed7d86cd905ee824e77ea, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/051

52. 052 Article 52

    Article 52 Aid for broadband infrastructures 1. Investment aid for broadband network development shall be compatible with the internal market pursuant to Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled. 2. The eligible costs shall be the following: (a) investment costs for the deployment of a passive broadband infrastructure; (b) investment costs of broadband-related civil engineering works; (c) investment costs for the deployment of basic broadband networks; and (d) investment costs for the deployment of next generation access (NGA) networks. 3. The investment shall be located in areas where there is no infrastructure of the same category (either basic broadband or NGA network) and where no such infrastructure is likely to be developed on commercial terms within three years from the moment of publication of the planned aid measure, which shall also be verified through an open public consultation. 4. The aid shall be allocated on the basis of an open, transparent and non-discriminatory competitive selection process respecting the principle of technology neutrality. 5. The network operator shall offer the widest possible active and passive wholesale access, according to Article 2, point 139 of this Regulation, under fair and non-discriminatory conditions, including physical unbundling in the case of NGA networks. Such wholesale access shall be granted for at least seven years and the right of access to ducts or poles shall not be limited in time. In the case of aid for the construction of ducts, the ducts shall be large enough to cater for several cable networks and different network topologies. 6. The wholesale access price shall be based on the pricing principles set by the national regulatory authority and on benchmarks that prevail in other comparable, more competitive areas of the Member State or the Union taking into account the aid received by the network operator. The national regulatory authority shall be consulted on access conditions, including pricing, and in the event of dispute between access seekers and the subsidised infrastructure operator. 7. Member States shall put in place a monitoring and claw-back mechanism if the amount of aid granted to the project exceeds EUR 10 million.

    Empreinte du texte 4fc0eff7d73196a952e1c7c9ec59d10505f6a4ff2be7834706bc9657f2b7c1e6, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/052

53. 053 Article 53

    Article 53 Aid for culture and heritage conservation 1. Aid for culture and heritage conservation shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. The aid shall be granted for the following cultural purposes and activities: (a) museums, archives, libraries, artistic and cultural centres or spaces, theatres, opera houses, concert halls, other live performance organisations, film heritage institutions and other similar artistic and cultural infrastructures, organisations and institutions; (b) tangible heritage including all forms of movable or immovable cultural heritage and archaeological sites, monuments, historical sites and buildings; natural heritage linked to cultural heritage or if formally recognized as cultural or natural heritage by the competent public authorities of a Member State; (c) intangible heritage in any form, including folklorist customs and crafts; (d) art or cultural events and performances, festivals, exhibitions and other similar cultural activities; (e) cultural and artistic education activities as well as promotion of the understanding of the importance of protection and promotion of the diversity of cultural expressions through educational and greater public awareness programs, including with the use of new technologies; (f) writing, editing, production, distribution, digitisation and publishing of music and literature, including translations. 3. The aid may take the form of: (a) investment aid, including aid for the construction or upgrade of culture infrastructure; (b) operating aid. 4. For investment aid, the eligible costs shall be the investment costs in tangible and intangible assets, including: (a) costs for the construction, upgrade, acquisition, conservation or improvement of infrastructure, if at least 80 % of either the time or the space capacity per year is used for cultural purposes; (b) costs for the acquisition, including leasing, transfer of possession or physical relocation of cultural heritage; (c) costs for safeguarding, preservation, restoration and rehabilitation of tangible and intangible cultural heritage, including extra costs for storage under appropriate conditions, special tools, materials and costs for documentation, research, digitalisation and publication; (d) costs for improving the accessibility of cultural heritage to the public, including costs for digitisation and other new technologies, costs to improve accessibility for persons with special needs (in particular, ramps and lifts for disabled persons, braille indications and hands-on exhibits in museums) and for promoting cultural diversity with respect to presentations, programmes and visitors; (e) costs for cultural projects and activities, cooperation and exchange programmes and grants including costs for selection procedures, costs for promotion and costs incurred directly as a result of the project; 5. For operating aid, the eligible costs shall be the following: (a) the cultural institution's or heritage site's costs linked to continuous or periodic activities including exhibitions, performances and events and similar cultural activities that occur in the ordinary course of business; (b) costs of cultural and artistic education activities as well as promotion of the understanding of the importance of protection and promotion of the diversity of cultural expressions through educational and greater public awareness programs, including with the use of new technologies; (c) costs of the improvement of public access to the cultural institution or heritage sites and activities including costs of digitisation and of use of new technologies as well as costs of improving accessibility for persons with disabilities; (d) operating costs directly relating to the cultural project or activity, such as rent or lease of real estate and cultural venues, travel expenses, materials and supplies directly related to the cultural project or activity, architectural structures for exhibitions and stage sets, loan, lease and depreciation of tools, software and equipment, costs for access rights to copyright works and other related intellectual property rights protected contents, costs for promotion and costs incurred directly as a result of the project or activity; depreciation charges and the costs of financing are only eligible if they have not been covered by investment aid; (e) costs for personnel working for the cultural institution or heritage site or for a project; (f) costs for advisory and support services provided by outside consultants and service providers, incurred directly as a result of the project. 6. For investment aid, the aid amount shall not exceed the difference between the eligible costs and the operating profit of the investment The operating profit shall be deducted from the eligible costs ex ante, on the basis of reasonable projections, or through a claw-back mechanism. The operator of the infrastructure is allowed to keep a reasonable profit over the relevant period. 7. For operating aid, the aid amount shall not exceed what is necessary to cover the operating losses and a reasonable profit over the relevant period. This shall be ensured ex ante, on the basis of reasonable projections, or through a claw-back mechanism. 8. For aid not exceeding EUR 1 million, the maximum amount of aid may be set, alternatively to the method referred to in paragraphs 6 and 7, at 80 % of eligible costs. 9. For publishing of music and literature as defined in paragraph 2(f), the maximum aid amount shall not exceed either the difference between the eligible costs and the project's discounted revenues or 70 % of the eligible costs. The revenues shall be deducted from the eligible costs ex ante or through a clawback mechanism. The eligible costs shall be the costs for publishing of music and literature, including the authors' fees (copyright costs), translators' fees, editors' fees, other editorial costs (proofreading, correcting, reviewing), layout and pre-press costs and printing or e-publication costs. 10. Aid to press and magazines, whether they are published in print or electronically, shall not be eligible under this Article.

    Empreinte du texte f5ffcb2fd8da5e80ab42dc229ae2de7c6563c38aff3539bff9440637d30a2672, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/053

54. 054 Article 54

    Article 54 Aid schemes for audiovisual works 1. Aid schemes to support the script-writing, development, production, distribution and promotion of audiovisual works shall be compatible with the internal market pursuant to Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided the conditions laid down in this Article and in Chapter I are fulfilled. 2. Aid shall support a cultural product. To avoid manifest errors in the qualification of a product as cultural, each Member State shall establish effective processes, such as selection of proposals by one or more persons entrusted with the selection or verification against a predetermined list of cultural criteria. 3. Aid may take the form of: (a) aid to the production of audiovisual works; (b) pre-production aid; and (c) distribution aid. 4. Where a Member States makes the aid subject to territorial spending obligations, aid schemes for the production of audiovisual works may either: (a) require that up to 160 % of the aid granted to the production of a given audiovisual work is spent in the territory of the Member State granting the aid; or (b) calculate the aid granted to the production of a given audiovisual work as a percentage of the expenditure on production activities in the granting Member State, typically in case of aid schemes in the form of tax incentives. In both cases, if a Member States requires a minimum level of production activity in the territory concerned for projects to be eligible for aid, that level shall not exceed 50 % of the overall production budget. In addition, the maximum expenditure subject to territorial spending obligations shall in no case exceed 80 % of the overall production budget. 5. The eligible costs shall be the following: (a) for production aid: the overall costs of production of audiovisual works including costs to improve accessibility for persons with disabilities. (b) for pre-production aid: the costs of script-writing and the development of audiovisual works. (c) for distribution aid: the costs of distribution and promotion of audiovisual works. 6. The aid intensity for the production of audiovisual works shall not exceed 50 % of the eligible costs. 7. The aid intensity may be increased as follows: (a) to 60 % of the eligible costs for cross-border productions funded by more than one Member State and involving producers from more than one Member State; (b) to 100 % of the eligible costs for difficult audiovisual works and co-productions involving countries from the Development Assistance Committee (DAC) List of the OECD. 8. The aid intensity for pre-production shall not exceed 100 % of the eligible costs. If the resulting script or project is made into an audiovisual work such as a film, the pre-production costs shall be incorporated in the overall budget and taken into account when calculating the aid intensity. The aid intensity for distribution shall be the same as the aid intensity for production. 9. Aid shall not be reserved for specific production activities or individual parts of the production value chain. Aid for film studio infrastructures shall not be eligible under this Article. 10. Aid shall not be reserved exclusively for nationals and beneficiaries shall not be required to have the status of undertaking established under national commercial law.

    Empreinte du texte 4b89a49f302dfd76ff3b06a9889b4d15f959f5b2488b2506b9b954952c099c5d, empreinte du corps 5cf23612a97eb782352a00fe489dd7ab74ac872d0b7528c520cb0ce4a8cd2e01, source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02, /eu-eurlex/32014R0651/2014-06-17--f14664f868fb0d0c21ff8edae0c5fb8ee355bdac843581f4637bf44e75689453/eng/054

3 annexes du libellé en anglais ne sont pas communiquées sous forme de texte et ne sont jamais interrogées, citées ni exportées : the act's articles are read from the publisher's Formex package, but its annexes could not be matched to the publisher's PDF, so they were not classified and their text is not served. Source officielle https://publications.europa.eu/resource/cellar/1291bb4c-fcfe-11e3-831f-01aa75ed71a1.0006.02.