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Commission Delegated Regulation (EU) 2016/1149 SECTION 6 — Investments

Article 32–Article 36 · 5 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Beneficiaries

Article 32

The beneficiaries of the support referred to in Article 50 of Regulation (EU) No 1308/2013 shall be wine enterprises producing or marketing the products referred to in Part II of Annex VII to that Regulation, wine producer organisations, associations of two or more producers or interbranch organisations.

Eligible actions and eligible costs

Article 33

1.   Only the costs of the following actions shall be eligible for support: (a) the construction, acquisition, leasing, or improvement of immovable property; (b) the purchase or lease-purchase of new machinery and equipment up to the market value of the asset; (c) general costs linked to expenditure referred to in points (a), and (b), in particular architect, engineer and consultation fees as well as feasibility studies; (d) the acquisition or development of computer software and acquisition of patents, licences and copyrights and the registration of collective marks. The feasibility studies referred to in point (c) of the first subparagraph shall remain eligible expenditure even where, based on their results, no expenditure under points (a) and (b) of that subparagraph is made. 2.   Costs connected with a leasing contract other than those referred to in points (a) and (b) of the first subparagraph of paragraph 1, in particular lessor's margin, interest refinancing costs, indirect costs and insurance charges, shall not be eligible expenditure. 3.   By way of derogation from point (b) of the first subparagraph of paragraph 1, for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC  ( 11 ) Member States may, if duly justified by their support programme, establish conditions under which the purchase of second-hand equipment may be regarded as eligible costs. 4.   Simple replacement investments shall not constitute eligible costs.

Compatibility and consistency

Article 34

No support under Article 50 of Regulation (EU) No 1308/2013 shall be granted for operations which received support under Article 45 of that Regulation.

Eligibility criteria

Article 35

Member States shall examine an application against the following criteria: (a) the operations and their underlying actions are clearly defined, describing the investment actions and including the estimated cost; (b) assurances that the costs of the proposed operation are not in excess of the normal market rates; (c) assurances that beneficiaries have access to sufficient technical and financial resources to ensure that the operation is implemented effectively and that the applying enterprise is not in difficulty as referred to in the third subparagraph of Article 50(2) of Regulation (EU) No 1308/2013; (d) the consistency between the strategies proposed and the objectives set and the likely impact and success in improving the overall performance of the processing or marketing facilities and their adaptation to market demands, as well as increasing their competitiveness.

Priority criteria

Article 36

1.   Having examined the applications, Member States shall give preference to operations which are likely to have positive effects in terms of energy savings, global energy efficiency and environmentally sustainable processes. 2.   Member States may establish other priority criteria by indicating them in the support programme. Such other priority criteria shall be based on the specific strategy and objectives set out in the support programme and shall be objective and not discriminatory.

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