Eligibility of projects for Union financial assistance under Regulation (EU) 2021/1153
Article 18
Open ↗1. Projects of common interest falling under the energy infrastructure categories set out in Article 24 and Annex II shall be eligible for Union financial assistance in the form of grants for studies and financial instruments. 2. Projects of common interest falling under the energy infrastructure categories set out in Article 24 and in point (1)(a), (b), (c), (d) and (f) of Annex II and point (3) of Annex II shall also be eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria: (a) the project specific cost-benefit analysis drawn up pursuant to Article 16(4), point (a), provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity or innovation; (b) the project has received a cross-border cost allocation decision pursuant to Article 16 or, as regards projects of common interest falling under the energy infrastructure category set out in point (3) of Annex II, where they do not fall under the competence of national regulatory authorities and therefore they do not receive a cross-border cost allocation decision, the project aims to provide services across borders, brings technological innovation and ensures the safety of cross-border grid operation; (c) the project cannot be financed by the market or through the regulatory framework in accordance with the business plan and other assessments, in particular those carried out by potential investors, creditors or the national regulatory authority, taking into account any decision on incentives and reasons referred to in Article 17(2) when assessing the project’s need for Union financial assistance. 3. Projects of common interest carried out in accordance with the procedure referred to in Article 5(7), point (d), shall also be eligible for Union financial assistance in the form of grants for works where they fulfil the criteria set out in paragraph 2 of this Article. 4. Projects of common interest falling under the energy infrastructure categories set out in point (1)(e) and points (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters, in an evaluation carried out by the relevant national authority or, where applicable, the national regulatory authority, can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. 5. This Article shall apply mutatis mutandis to projects of mutual interest. Projects of mutual interest shall be eligible for Union financial assistance under conditions set out in Article 5(2) of Regulation (EU) 2021/1153. With regard to grants for works, projects of mutual interest shall be eligible for Union financial assistance provided that they fulfil the criteria set out in paragraph 2 of this Article and where the project contributes to the Union’s overall energy and climate policy objectives.