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Regulation (EU) 2021/1077 CHAPTER II — ELIGIBILITY

Article 6–Article 9 · 4 articles

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

Eligible actions

Article 6

1.   In order for actions to be eligible for funding under the Instrument, those actions must comply with the following requirements: (a) implement the objectives set out in Article 3; and (b) support the purchase, maintenance or upgrading of customs control equipment including innovative detection technology equipment, that has one or more of the following customs control purposes: (1) non-intrusive inspection; (2) indication of hidden objects on humans; (3) radiation detection and nuclide identification; (4) analysis of samples in laboratories; (5) sampling and field analysis of samples; (6) handheld search. Annex I contains an indicative list of customs control equipment that may be used to achieve the customs control purposes referred to in points (1) to (6) of the first subparagraph. 2.   In duly justified cases, actions under the first subparagraph of paragraph 1 may also cover the transparent purchase, maintenance and upgrading of customs control equipment for testing new pieces of equipment or new functionalities for existing pieces of equipment in operational conditions. 3.   In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, taking into account the delayed entry into force of this Regulation and in order to avoid any delay in Union support which could be prejudicial to the Union’s interest in being properly equipped to ensure the efficient and effective operation of the customs union, costs incurred in respect of actions supported under this Regulation may, for a limited period, exceptionally be considered eligible from 1 January 2021, even if those actions were implemented and those costs incurred before the grant application was submitted. 4.   The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend this Regulation by updating, where necessary, the indicative list of customs control equipment set out in Annex I. 5.   Customs control equipment financed under this Instrument should be used primarily for customs controls, but may also be used for additional purposes, including, in support of the national border management authorities and investigation, for the control of persons. Such customs control equipment shall not be systematically shared between customs and other border authorities. 6.   The Commission shall encourage the joint procurement and joint testing of customs control equipment by two or more Member States.

Eligible entities

Article 7

By way of derogation from Article 197 of the Financial Regulation, the eligible entities shall be the customs authorities on condition that they provide the information necessary for the assessment of needs referred to in Article 11(4) of this Regulation.

Co-financing rate

Article 8

1.   The Instrument may finance up to 80 % of the total eligible costs of an action. 2.   Any funding in excess of that ceiling shall be granted only in duly justified exceptional circumstances.

Eligible costs

Article 9

The costs directly related to actions referred to in Article 6 shall be eligible for funding under the Instrument. The following costs shall not be eligible for funding under the Instrument: (a) costs related to the purchase of land; (b) costs relating to training or the upgrading of skills, other than the introductory training included in the purchase or upgrade contract; (c) costs relating to infrastructure, such as buildings or outdoor facilities, as well as to furniture; (d) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment and with the exception of the electronic software and programming necessary to interlink existing software with the customs control equipment; (e) costs of networks, such as secured or unsecured communication channels, or subscriptions, with the exception of networks or subscriptions exclusively necessary to use the customs control equipment; (f) costs of transport means, such as vehicles, aircrafts or ships, with the exception of mobile customs control equipment; (g) costs of consumables, including reference or calibration material, for customs control equipment; (h) costs relating to personal protective equipment.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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