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DG Regio Mailing 10 February 2009: Revenue-generating Projects
Amendment to Article 55 of Regulation (EC) No 1083/2006.
On 18 December 2008, the Member States adopted Council Regulation (EC) 1341/2008 which modifies the General Regulation, and in particular Article 55. A new paragraph 5 has replaced the existing paragraph 5 in this article as set out below.
This change means that a territorial cooperation project with a total cost of less than EUR 1 million is not considered a revenue-generating project under the terms of the regulation, and there is no requirement to monitor or deduct any revenue generated by the project.
Article 55 - Revenue-generating projects
1. For the purposes of this Regulation, a revenue-generating project means any operation involving an investment in infrastructure, the use of which is subject to charges borne directly by users or any operation involving the sale or rent of land or buildings or any other provision of services against payment.
2. Eligible expenditure on revenue-generating projects shall not exceed the current value of the investment cost less the current value of the net revenue from the investment
over a specific reference period for:
(a) investments in infrastructure; or
(b) other projects where it is possible to objectively estimate the revenues in advance.
Where not all the investment cost is eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the investment cost. In the calculation, the managing authority shall take account of the reference period appropriate to the category of investment concerned, the category of project, the profitability normally expected of the category of investment concerned, the application of the polluter-pays principle, and, if appropriate, considerations of equity linked to the relative prosperity of the Member State concerned.
3. Where it is objectively not possible to estimate the revenue in advance, the revenue generated within five years of the completion of an operation shall be deducted from the expenditure declared to the Commission. The deduction shall be made by the certifying authority at the latest at partial or at final closure of the operational programme. The application for payment of the final balance shall be corrected accordingly.
5. Where, at the latest three years after closure of the operational programme, it is established that an operation has generated revenue that has not been taken into account under paragraphs 2 and 3, such revenue shall be refunded to the general budget of the European Union in proportion to the contribution from the Funds.
5. Paragraphs 1 to 4 of this Article shall apply only to operations which are co-financed by the ERDF or Cohesion Fund and the total cost of which exceeds EUR 1 000 000. Without prejudice to their obligations under Article 70(1), Member States may adopt procedures proportionate to the amounts concerned for monitoring revenues generated by operations whose total cost is below EUR 200 000.
6. This Article shall not apply to projects subject to the rules on State aid within the meaning of Article 87 of the Treaty.
