O.1 Durability of productive investments and investments in infrastructure

A project partner that co-financed a productive or infrastructure investment from the project budget has to follow specific rules. Within five years of the final payment to the project the partner must not make¹:

¹ REGULATION (EU) 2021/1060, Art 65(1)

a) a cessation or transfer of a productive activity outside the NUTS level 2 region in which it received support;


b) a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;


c) a substantial change affecting the investment’s nature, objectives or implementation conditions which would result in undermining its original objectives.

Where the project partner does not comply with the above requirements, the MA/JS will request repayment of any Programme co-financing. For the calculation of the irregular amount the MA/JS will consider the total Programme co-financing provided for the investment, the period during which the investment was used in line with the Programme rules and the period in which it did not comply. The periods of compliance and non-compliance will be set in proportion to establish the financial irregularity and the repayment amount. Further information on the procedure for irregularities can be found in chapter Q.3.

Project partners are obliged to inform the MA/JS where any of the above conditions are not met.

This rule does not apply to a project partner which must cease operations due to a non-fraudulent bankruptcy.