17107/12 FL/ne 1 DG E 2 A COU CIL OF THE EUROPEA U ... - Europa

17107/12 FL/ne 1 DG E 2 A COU CIL OF THE EUROPEA U ... - Europa 17107/12 FL/ne 1 DG E 2 A COU CIL OF THE EUROPEA U ... - Europa

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3. The Commission may request the complete or partial reimbursement of the financial aid granted if, within two years of the finishing date established in the conditions governing the granting of aid, the implementation of the action receiving the financial aid has not been completed. 4. Before the Commission takes any of the decisions provided for in paragraphs 1, 2 and 3, it shall examine the case comprehensively in coordination with the respective bodies mentioned in Article 6(2) and consult the beneficiaries concerned so that they may present their observations within a reasonable timeframe. CHAPTER IV PROCUREMET Article 13 Procurement 51 1. Public procurement procedures carried out by the Commission or one of the bodies referred to in Article 6(2) on its own behalf or jointly with Member States: (a) may provide for specific conditions such as the place of performance of the procured activities, where duly justified by the objectives of the actions and provided such conditions do not infringe public procurement principles; (b) may authorise multiple award of contracts within the same procedure ("multiple sourcing"). 2. Where duly justified and required by the implementation of the actions, paragraph 1 may also 51 apply to procurement procedures carried out by beneficiaries of grants. The inclusion of environmental criteria in public procurement procedures will be elaborated in a recital. 17107/12 FL/ne 40 ANNEX DG E 2 A E

CHAPTER V FIACIAL ISTRUMETS Article 14 Type of financial instruments 1. Financial instruments set up in accordance with Title VIII of Regulation (EU) No XXXX/2012 [New Financial Regulation], may be used to facilitate access to finance by entities implementing actions contributing to projects of common interest as defined in Regulations (EU) No XXXX/2012 [TEN-T Guidelines], (EU) No XXXX/2012 [Guidelines for Trans-European energy infrastructure], and (EU) No XXXX/2012 [INFSO Guidelines], and to the achievement of their objectives. The financial instruments shall be based on ex-ante assessments of market imperfections or sub-optimal investment situations and investment needs. The main terms, conditions and procedures for each financial instrument are laid down in the Annex. 2. Financial instruments established under Regulation (EC) No 680/2007 may be merged, if applicable and subject to a prior evaluation, to those created under this Regulation. The merger of project bonds is subject to the interim report to be carried out in the second half of 2013 as defined in Regulation (EC) No 680/2007. The start of the Project Bond Initiative is subject to the results of the independent full evaluation of the Project Bond Initiative pilot phase in 2015 as defined in Regulation (EC) No 680/2007. 52 52 AT, CY, CZ, DE, FI, HU, LV, NL, SE and UK in favour of this text. Commission, BE, EE, FR, IE, IT, LU, PT, SI and SK in favour of the following text: "The continuation of the Project Bond Initiative is subject to the independent full evaluation to be carried out in 2015 as defined in Regulation (EC) No 680/2007." 17107/12 FL/ne 41 ANNEX DG E 2 A E

CHAPTER V<br />

FIACIAL ISTRUMETS<br />

Article 14<br />

Type of financial instruments<br />

1. Financial instruments set up in accordance with Title VIII of Regulation (EU)<br />

No XXXX/20<strong>12</strong> [New Financial Regulation], may be used to facilitate access to finance by<br />

entities implementing actions contributing to projects of common interest as defi<strong>ne</strong>d in<br />

Regulations (EU) No XXXX/20<strong>12</strong> [TEN-T Guideli<strong>ne</strong>s], (EU) No XXXX/20<strong>12</strong> [Guideli<strong>ne</strong>s<br />

for Trans-European e<strong>ne</strong>rgy infrastructure], and (EU) No XXXX/20<strong>12</strong> [INFSO Guideli<strong>ne</strong>s],<br />

and to the achievement of their objectives. The financial instruments shall be based on ex-ante<br />

assessments of market imperfections or sub-optimal investment situations and investment<br />

<strong>ne</strong>eds. The main terms, conditions and procedures for each financial instrument are laid down<br />

in the An<strong>ne</strong>x.<br />

2. Financial instruments established under Regulation (EC) No 680/2007 may be merged, if<br />

applicable and subject to a prior evaluation, to those created under this Regulation.<br />

The merger of project bonds is subject to the interim report to be carried out in the second half<br />

of 2013 as defi<strong>ne</strong>d in Regulation (EC) No 680/2007. The start of the Project Bond Initiative is<br />

subject to the results of the independent full evaluation of the Project Bond Initiative pilot<br />

phase in 2015 as defi<strong>ne</strong>d in Regulation (EC) No 680/2007. 52<br />

52 AT, CY, CZ, DE, FI, HU, LV, NL, SE and UK in favour of this text.<br />

Commission, BE, EE, FR, IE, IT, LU, PT, SI and SK in favour of the following text: "The<br />

continuation of the Project Bond Initiative is subject to the independent full evaluation to be<br />

carried out in 2015 as defi<strong>ne</strong>d in Regulation (EC) No 680/2007."<br />

<strong>17107</strong>/<strong>12</strong> <strong>FL</strong>/<strong>ne</strong> 41<br />

ANNEX <strong>DG</strong> E 2 A E

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