Determination of co-financing rates
1. When adopting implementing acts pursuant to Article 19 approving an operational programme, the Commission shall set the maximum EMFF contribution to that programme.
2. The EMFF contribution shall be calculated on the basis of the amount of eligible public expenditure.
The operational programme shall establish the EMFF contribution rate applicable to the Union priorities set out in Article 6. The maximum EMFF contribution rate shall be 75 % and the minimum EMFF contribution rate shall be 20 % of eligible public expenditure.
3. By way of derogation from paragraph 2, the EMFF contribution shall be:
(a)
100 % of the eligible public expenditure for the support under storage aid referred to in Article 67;
(b)
100 % of the eligible public expenditure for the compensation regime referred to in Article 70;
(c)
50 % of the eligible public expenditure for the support referred to in Articles 33, 34 and Article 41(2);
(d)
70 % of the eligible public expenditure for the support referred to in point (e) of Article 76(2);
(e)
90 % of the eligible public expenditure for the support referred to in points (a) to (d) and (f) to (l) of Article 76(2);
(f)
80 % of the eligible expenditure for the support referred to in Article 77.
4. By way of derogation from paragraph 2, the maximum EMFF contribution rate applicable to the specific objectives under a Union priority shall be increased by ten percentage points, where the whole of the Union priority set out in Article 6(4) is delivered through community-led local development.
Intensity of public aid
1. Member States shall apply a maximum intensity of public aid of 50 % of the total eligible expenditure of the operation.
2. By way of derogation from paragraph 1, Member States may apply an intensity of public aid of 100 % of the eligible expenditure of the operation where:
(a)
the beneficiary is a public law body or an undertaking entrusted with the operation of services of general economic interest as referred to in Article 106(2) TFEU, where the aid is granted for the operation of such services;
(b)
the operation is related to the storage aid referred to in Article 67;
(c)
the operation is related to the compensation regime referred to in Article 70;
(d)
the operation is related to the data collection referred to in Article 77;
(e)
the operation is related to support under Article 33 or 34 or to compensation under Article 54, 55 or 56;
(f)
the operation is related to the IMP measures referred to in Article 80.
3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50 % and 100 % of the total eligible expenditure where:
(a)
the operation is implemented under Chapter I, II or IV of Title V and fulfils all of the following criteria:
(i)
it is of collective interest;
(ii)
it has a collective beneficiary;
(iii)
it has innovative features, where appropriate, at local level;
(b)
the operation is implemented under Chapter III of Title V, fulfils one of the criteria referred to in points (a)(i), (ii) or (iii) of this paragraph and provides public access to its results.
4. By way of derogation from paragraph 1, additional percentage points of public aid intensity shall apply for specific types of operations as set out in Annex I.
5. The Commission shall adopt implementing acts establishing how the different percentage points of public aid intensity shall apply in case several conditions of Annex I are fulfilled. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
Calculation of additional costs or income foregone
Where aid is granted on the basis of additional costs or income foregone, Member States shall ensure that the relevant calculations are adequate, accurate and established in advance on the basis of a fair, equitable and verifiable calculation.
