‘Additional provisions applicable to financial engineering instruments for enterprises’
Article 1
Regulation (EC) No 1828/2006 is amended as follows: (1) Article 43 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Articles 43 to 46 shall apply to financial engineering instruments in the form of actions which make repayable investments, or provide guarantees for repayable investments, or both, in the following: (a) enterprises, primarily small and medium-sized enterprises (SMEs), including micro-enterprises, as defined in Commission Recommendation 2003/361/EC ( *1 ) as of 1 January 2005; (b) public-private partnerships or other urban projects included in integrated plans for sustainable urban development, in the case of urban development funds; (c) funds or other incentive schemes for energy efficiency and use of renewable energy in buildings, including in existing housing. ( *1 ) OJ L 124, 20.5.2003, p. 36 .’ " (b) paragraph 6 is replaced by the following: ‘6. Enterprises, public private partnerships and other projects included in an integrated plan for sustainable urban development, as well as operations for energy efficiency and use of renewable energy in buildings, including in existing housing which are supported by financial engineering instruments, may also receive a grant or other assistance from an operational programme.’ (2) In Article 44, paragraph 1 is amended as follows: (a) point (a) is replaced by the following: ‘(a) as regards financial engineering instruments supporting enterprises, primarily SMEs, including micro-enterprises, the conclusions of an evaluation of gaps between supply of such instruments, and demand for such instruments;’ (b) the following point (c) is added: ‘(c) as regards funds or other incentive schemes for energy efficiency and use of renewable energy in buildings, including in existing housing the relevant Union and national regulatory frameworks and the relevant national strategies.’ (3) Article 45 is amended as follows: (a) the title is replaced by the following: ‘Additional provisions applicable to financial engineering instruments for enterprises’ (b) the first paragraph is replaced by the following: ‘Financial engineering instruments for enterprises referred to in Article 43(1)(a) shall invest only at the establishment, in the early stages, including seed capital, or on expansion of those enterprises, and only in activities which the managers of the financial engineering instruments judge potentially economically viable.’ (4) In Article 47, paragraph 2 is replaced by the following: ‘2. Having regard to Article 7(2) of Regulation (EC) No 1080/2006, expenditure for housing in favour of marginalized communities shall be eligible only if the following conditions are fulfilled: (a) such housing investment is part of an integrated approach and support for housing interventions for marginalized communities takes place together with other types of interventions including interventions in the areas of education, health, social inclusion and employment; (b) the physical location of such housing ensures spatial integration of these communities into mainstream society and does not contribute to segregation, isolation and exclusion.’ (5) Annex XVIII is amended in accordance with Annex I to this Regulation. (6) Annexes XX, XXI and XXII are replaced by the text set out in Annex II to this Regulation.