Article 1–Article 3 · 3 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Additional conditions on the replacement of the private partner
The replacement of the private partner or public law body referred to in Article 63(3) of Regulation (EU) No 1303/2013 (‘partner or body’) shall comply with the following additional conditions:
(a)
the partner or body is able to provide at least the service, including at least the minimum quality standards, determined in the Public Private Partnership (‘PPP’) contract;
(b)
the partner or body has agreed to assume the rights and responsibilities of a beneficiary in relation to the support for PPP operations from the date on which the managing authority is notified of the replacement proposal.
Proposal to replace the private partner
1. The partner or body shall send the managing authority the proposal to replace the private partner as beneficiary within one month from the date of the decision to replace the private partner.
2. The proposal referred to in paragraph 1 shall contain the following:
(a)
the terms and conditions of the PPP or financing agreement between the private partner and the financial institution co-financing the operation requiring replacement;
(b)
evidence of the fulfilment by the partner or body of the conditions set out in Article 1 of this Regulation and evidence that it fulfils and assumes all the corresponding obligations of a beneficiary under Regulation (EU) No 1303/2013;
(c)
evidence that the partner or body has been provided with a copy of the original support agreement and any amendments made to that agreement.
Confirmation of the replacement of the private partner
Within one month of the receipt of the proposal referred to in Article 2, and provided that the partner or body fulfils and assumes all the corresponding obligations of a beneficiary under Regulation (EU) No 1303/2013 and complies with the conditions set out in Article 1 of this Regulation, the managing authority shall:
(a)
register the partner or body as the beneficiary as from the date referred to in Article 1(b) of this Regulation;
(b)
inform the partner or body of the remaining amount of support available from the ESI Funds.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
