Regulation (EU) No 651/2014 is amended as follows:

Article 1 is amended as follows:

paragraph 1 is amended as follows:

points (m) and (n) are replaced by the following:

aid for regional airports;

aid for ports;’;

the following points (o) and (p) are added:

aid for European Territorial Cooperation projects; and

aid involved in financial products supported by the InvestEU Fund.’;

in paragraph 2, point (a) is replaced by the following:

schemes under Sections 1 (with the exception of Article 15), 2, 3, 4, 7 (with the exception of Article 44) and 10 of Chapter III of this Regulation and aid implemented in the form of financial products under Section 16 of that Chapter, if the average annual State aid budget per Member State exceeds EUR 150 million, from six months after their entry into force. For aid under Section 16 of Chapter III of this Regulation, only contributions by a Member State to the Member State compartment of the EU guarantee, referred to in Article 9(1), point (b), of Regulation (EU) 2021/523 of the European Parliament and the Council ( * ) , which are earmarked for a specific financial product shall be taken into account for assessing whether the average annual State aid budget of that Member State related to the financial product exceeds EUR 150 million. The Commission may decide that this Regulation shall continue to apply for a longer period to any of these aid schemes after having assessed the relevant evaluation plan notified by the Member State to the Commission, within 20 working days from the scheme’s entry into force. Where the Commission has already extended the application of this Regulation beyond the initial six months as regards such schemes, Member States may decide to extend those schemes until the end of the period of application of this Regulation, provided that the Member State concerned has submitted an evaluation report in line with the evaluation plan approved by the Commission. However, regional aid granted under this Regulation may be extended, by derogation, until the end of the period of validity of the relevant regional aid maps;

( * ) Regulation (EU) 2021/523 of the European Parliament and the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30 ).’;"

in paragraph 3, points (a) and (b) are replaced by the following:

aid granted in the fishery and aquaculture sector, as covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council ( * ) with the exception of training aid, aid for SMEs’ access to finance, aid in the field of research and development, innovation aid for SMEs, aid for disadvantaged workers and workers with disabilities, regional investment aid in outermost regions, regional operating aid schemes, aid for European Innovation Partnership for agricultural productivity and sustainability (“EIP”) Operational Group projects, aid for community-led local development (“CLLD”) projects, aid to European Territorial Cooperation projects, and aid involved in financial products supported by the InvestEU Fund, except for operations listed in Article 1(1) of Commission Regulation (EU) No 717/2014 ( ** ) ;

aid granted in the primary agricultural production sector, with the exception of regional investment aid in outermost regions, regional operating aid schemes, aid for consultancy in favour of SMEs, risk finance aid, aid for research and development, innovation aid for SMEs, environmental aid, training aid, aid for disadvantaged workers and workers with disabilities, aid to European Innovation Partnership for agricultural productivity and sustainability (EIP) Operational Group projects, aid to community-led local development (CLLD) projects, aid to European Territorial Cooperation projects and aid involved in financial products supported by the InvestEU Fund;

( * ) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 ( OJ L 354, 28.12.2013, p. 1 )."

( ** ) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector ( OJ L 190, 28.6.2014, p. 45 ).’;"

paragraph 4 is replaced by the following:

‘4. This Regulation shall not apply to:

aid schemes which do not explicitly exclude the payment of individual aid in favour of an undertaking which is subject to an outstanding recovery order following a previous Commission decision declaring an aid granted by the same Member State illegal and incompatible with the internal market, with the exception of aid schemes to make good the damage caused by certain natural disasters and aid schemes covered by Article 19b, Section 2a as well as Section 16 of Chapter III;

ad hoc aid in favour of an undertaking as referred to in point (a);

aid to undertakings in difficulty, with the exception of aid schemes to make good the damage caused by certain natural disasters, start-up aid schemes, regional operating aid schemes, aid schemes covered by Article 19b, aid to SMEs under Article 56f and aid to financial intermediaries under Articles 16, 21, 22 and 39 as well as Section 16 of Chapter III, provided undertakings in difficulty are not treated more favourably than other undertakings. However, this Regulation shall apply, by derogation, to undertakings which were not in difficulty on 31 December 2019 but became undertakings in difficulty during the period from 1 January 2020 to 31 December 2021.’;

Article 2 is amended as follows:

points (63), (64) and (65) are deleted;

the following points (102a), (102b) and (102c) are inserted:

‘(102a)

“recharging infrastructure” means a fixed or mobile infrastructure supplying road vehicles with electricity;

(102b)

“refuelling infrastructure” means a fixed or mobile infrastructure supplying road vehicles with hydrogen;

(102c)

“renewable hydrogen” means hydrogen produced through the electrolysis of water (in an electrolyser, powered by electricity stemming from renewable sources), or through the reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability criteria set out in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council ( * ) .

( * ) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources ( OJ L 328, 21.12.2018, p. 82 ).’;"

the following points (103a) to (103e) are inserted:

‘(103a)

“residential building” means a building constituted exclusively of single-family or multi-family dwellings;

(103b)

“social services” means clearly identified services, meeting social needs, in particular as regards health and long-term care, childcare, access to and reintegration into the labour market, social housing (which means housing for disadvantaged citizens or socially less advantaged groups who due to solvency constraints are unable to obtain housing at market conditions) and the care and social inclusion of vulnerable groups (as explained in recital 11 of Commission Decision 2012/21/EU ( * ) );

(103c)

“digitalisation” means the adoption of technologies carried out by electronic devices and/or systems which make it possible to increase product functionality, develop online services, modernise processes, or migrate to business models based on the disintermediation of goods production and service delivery, eventually producing a transformative impact;

(103d)

“smart readiness” means the capability of buildings (or building units) to adapt their operation to the needs of the occupant, including optimising energy efficiency and overall performance, and to adapt their operation in reaction to signals from the grid;

(103e)

“small mid-cap” means an undertaking that is not an SME and whose number of employees does not exceed 499, calculated in accordance with Articles 3 to 6 of Annex I, the annual turnover of which does not exceed EUR 100 million or the annual balance sheet of which does not exceed EUR 86 million; several entities shall be considered as one undertaking if any of the conditions listed in Article 3(3) of Annex I is fulfilled;

( * ) Commission Decision 2012/21/EU of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest ( OJ L 7, 11.1.2012, p. 3 ).’;"

point (133) is deleted;

point (137) is replaced by the following:

‘(137)

“passive network” means a network without any active element, such as: civil engineering infrastructure, pipes, ducts, inspection chambers, manholes, dark fibre, cabinets, power supply, antenna installations, passive antennas, masts, poles and towers;’;

point (138) is deleted;

the following points (139a), (139b), and (139c) are inserted:

‘(139a)

“premises passed” means premises which can be connected within a short period of time at the normal activation fee for the end-user, regardless of whether those premises are connected to the network. An operator shall report premises as passed only if, following a request from an end-user, it commits to connect the premises for normal activation fees, meaning without any additional or exceptional cost and, in any case, not exceeding the average activation fee in the Member State concerned. The provider of electronic communications networks and services shall be able to connect and activate the service at the specific premises within four weeks from the date of the request;

(139b)

“socioeconomic drivers” means entities which by their mission, nature or location can directly or indirectly generate important socioeconomic benefits to citizens, business and local communities located in their surrounding territory or in their area of influence, including among others public authorities, public or private entities entrusted with the operation of services of general interest or of services of general economic interest as set out in Article 106(2) of the Treaty and digitally intensive enterprises;

(139c)

“5G corridor” means a transport path, road, railway or inland waterway, fully covered with digital connectivity infrastructure, in particular 5G systems, and enabling the uninterrupted provision of synergy digital services as defined in Regulation (EU) 2021/1153 of the European Parliament and of the Council ( * ) , such as connected and automated mobility, similar smart mobility services for railways or digital connectivity on inland waterways;

( * ) Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 ( OJ L 249, 14.7.2021, p. 38 ).’;"

the following heading and points (166) to (172) are added:

‘ Definitions for aid involved in financial products supported by the InvestEU Fund (terms defined under other headings of this Article shall have the same meaning as laid down therein also for aid involved in financial products supported by the InvestEU Fund)

“InvestEU Fund”, “EU guarantee”, “financial product”, “national promotional banks or institutions” and “implementing partner” have the meaning set out in Article 2 of Regulation (EU) 2021/523;

“financial intermediary” for the purposes of Section 16 means a financial intermediary within the meaning of point (34), with the exception of implementing partners;

“commercial financial intermediary” means a financial intermediary which operates on a for profit basis and at full own risk, without a public guarantee, national promotional banks or institutions are not considered to be commercial financial intermediaries;

“TEN-T urban node” has the meaning set out in Article 3, point (p), of Regulation (EU) No 1315/2013 of the European Parliament and of the Council ( * ) ;

“new entrant” means a railway undertaking within the meaning of Article 3(1) of Directive 2012/34/EU of the European Parliament and of the Council ( ** ) , which fulfils the following conditions:

it received a licence pursuant to Article 17(3) of Directive 2012/34/EU for the relevant market segment less than 20 years before the aid is granted;

it is not linked within the meaning of Article 3(3) of Annex I to this Regulation to a railway undertaking that received a license within the meaning of Article 3(14) of Directive 2012/34/EU prior to 1 January 2010;

“urban transport” means transport within a city or an agglomeration and its commuting zones;

“ecosystem”, “biodiversity” and “the good condition of an ecosystem” have the meaning set out in Article 2 of Regulation (EU) 2020/852 of the European Parliament and of the Council ( *** ) .

( * ) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU ( OJ L 348, 20.12.2013, p. 1 )."

( ** ) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ( OJ L 343, 14.12.2012, p. 32 )."

( *** ) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 ( OJ L 198, 22.6.2020, p. 13 ).’;"

in Article 4, paragraph 1 is amended as follows:

point (f) is replaced by the following:

for aid for undertakings participating in European Territorial Cooperation projects: for aid under Article 20, EUR 2 million per undertaking, per project; for aid under Article 20a, the amounts laid down in Article 20a(2) per undertaking, per project;’;

in point (i), the following points (vii) to (x) are inserted:

‘(vii)

for aid for SMEs for research and development projects awarded a Seal of Excellence quality label and implemented under Article 25a, the amount referred to in Article 25a;

(viii)

for aid Marie Skłodowska-Curie actions and ERC Proof of Concept actions implemented under Article 25b, the amounts referred to in Article 25b;

for aid involved in co-funded research and development projects implemented under Article 25c, the amounts referred to in Article 25c;

for aid for Teaming actions, the amounts referred to in Article 25d;’;

point (s) is replaced by the following:

for investment aid for environmental protection, excluding investment aid for publicly accessible recharging or refuelling infrastructure for zero or low emission vehicles, investment aid for the remediation of contaminated sites and aid for the distribution network part of the energy efficient district heating and cooling installation: EUR 15 million per undertaking per investment project; EUR 30 million for aid for energy efficiency investments in certain buildings falling within the scope of Article 38(3a); and EUR 30 million of total nominal outstanding financing for aid for energy efficiency investments in certain buildings falling within the scope of Article 38(7)’;

the following point (s a ) is inserted:

for investment aid for publicly accessible recharging or refuelling infrastructure for zero or low emission vehicles: EUR 15 million per undertaking per project and, in the case of schemes, an average annual budget of up to EUR 150 million;’;

point (t) is replaced by the following:

for investment aid for energy efficiency projects, the amounts set out in Article 39(5);’;

point (y) is replaced by the following:

for aid for the deployment of fixed broadband networks awarded in the form of a grant: EUR 100 million total costs per project; for aid for fixed broadband infrastructures awarded in the form of a financial instrument the nominal amount of total financing provided to any final beneficiary per project must not exceed EUR 150 million;’;

the following points (y a ), (y b ) and (y c ) are inserted:

for aid for the deployment of 4G or 5G mobile networks awarded in the form of a grant: EUR 100 million total costs per project; for aid for 4G or 5G mobile networks awarded in the form of a financial instrument the nominal amount of total financing provided to any final beneficiary per project must not exceed EUR 150 million;

for aid for certain projects of common interest in the area of trans-European digital connectivity infrastructures financed under Regulation (EU) 2021/1153 or awarded a Seal of Excellence quality label under that Regulation awarded in the form of a grant: EUR 100 million total costs per project; for aid for certain projects of common interest in the area of trans-European digital connectivity infrastructures awarded in the form of a financial instrument the nominal amount of total financing provided to any final beneficiary per project must not exceed EUR 150 million;

for aid in the form of connectivity vouchers schemes: the total State aid budget over 24 months for all connectivity voucher schemes in a Member State must not exceed EUR 50 million (total amount including national and regional or local voucher schemes);’;

the following points (gg) and (hh) are added:

for aid involved in financial products supported by the InvestEU Fund: the amounts laid down in Section 16 of Chapter III;

for aid to SMEs for costs incurred by participating in community-led local development (“CLLD”) projects and European Innovation Partnership for agricultural productivity and sustainability (“EIP”) Operational Group projects: for aid under Article 19a, EUR 2 million per undertaking, per project; for aid under Article 19b, the amounts laid down in Article 19b(2) per project.’;

in Article 5, paragraph 2 is amended as follows:

the following point (e a ) is inserted:

aid to undertakings for their participation in European Territorial Cooperation projects under Article 20a, where it provides for a cap ensuring that the applicable threshold laid down in Article 20a is not exceeded;’;

the following point (l) is added:

aid involved in financial products supported by the InvestEU Fund, if the conditions laid down in Section 16 of Chapter III are fulfilled.’;

in Article 6(5), the following points (i), (j), (k) and (l) are added:

aid for undertakings participating in European Territorial Cooperation projects, if the relevant conditions in Article 20 or Article 20a are fulfilled;

aid for research and development projects awarded a Seal of Excellence quality label, Marie Skłodowska-Curie actions and ERC Proof of Concept actions awarded a Seal of Excellence quality label, aid involved in co-funded projects and in co-funded Teaming actions, if the relevant conditions laid down in Article 25a, Article 25b, Article 25c or Article 25d are fulfilled;

aid involved in financial products supported by the InvestEU Fund, if the conditions laid down in Section 16 of Chapter III are fulfilled;

aid for SMEs participating in or benefitting from community-led local development (“CLLD”) projects and European Innovation Partnership for agricultural productivity and sustainability (“EIP”) Operational Group projects, if the relevant conditions in Article 19a or Article 19b are fulfilled.’;

in Article 7(1), the second sentence is replaced by the following:

‘The amounts of eligible costs may be calculated in accordance with the simplified cost options set out in Regulation (EU) No 1303/2013 of the European Parliament and of the Council ( * ) , or Regulation (EU) 2021/1060 of the European Parliament and of the Council ( ** ) , whichever is applicable provided that the operation is at least partly financed through a Union fund that allows the use of those simplified cost options and that the category of costs is eligible according to the relevant exemption provision.

( * ) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 ( OJ L 347, 20.12.2013, p. 320 )."

( ** ) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy ( OJ L 231, 30.6.2021, p. 159 ).’;"

Article 8 is amended as follows:

in paragraph 3, point (b) is replaced by the following:

any other State aid, in relation to the same eligible costs, partly or fully overlapping, only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this aid under this Regulation.

Financing provided to the final beneficiaries with support from the InvestEU Fund covered by Section 16 of Chapter III and the cost covered by this financing shall not be considered for determining compliance with the cumulation provisions laid down in the first sentence of this point. Instead, the amount relevant for determining compliance with the cumulation provisions of the first sentence of this point shall be calculated as follows. First, the nominal amount of the financing supported by the InvestEU Fund shall be deducted from the total eligible project costs, obtaining the total remaining eligible costs; second, the maximum aid shall be calculated by applying the relevant highest aid intensity or aid amount only to the total remaining eligible costs.

In cases of Articles for which the notification threshold is expressed as a maximum aid amount, the nominal amount of financing provided to the final beneficiaries with the support from the InvestEU Fund shall also not be considered for determining whether the notification thresholds in Article 4 are respected.

Alternatively, for senior loans or guarantees on senior loans supported by the InvestEU Fund under Section 16 of Chapter III, the gross grant equivalent of the aid entailed in such loans or guarantees provided to the final beneficiaries may be calculated in accordance with Article 5(2), point (b) or (c), as appropriate. This gross grant equivalent of the aid can be used for ensuring, in line with the first sentence of this point, that cumulation with any other aid for the same identifiable eligible costs does not result in exceeding the highest aid intensity or aid amount applicable to the aid under this Regulation or the relevant notification threshold under this Regulation.’;

paragraph 4 is replaced by the following:

‘4. Aid without identifiable eligible costs exempted under Article 19b, 20a, 21, 22 or 23, Article 56e(5), point (a)(ii) or (iii), Article 56e(8), point (d), Article 56e(10) and Article 56f may be cumulated with any other State aid with identifiable eligible costs. Aid without identifiable eligible costs may be cumulated with any other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by this or another block exemption regulation or decision adopted by the Commission. Aid without identifiable eligible costs exempted under Article 56e(5), point (a)(ii) or (iii), Article 56e(8), point (d), Article 56e(10) and Article 56f may be cumulated with other aid without identifiable eligible costs exempted under those Articles.’;

Article 9 is amended as follows:

paragraphs 1 and 2 are replaced by the following:

‘1. The Member State concerned shall ensure the publication on a comprehensive State aid website, at national or regional level of:

the summary information referred to in Article 11 in the standardised format laid down in Annex II or a link providing access to it;

the full text of each aid measure, as referred to in Article 11 or a link providing access to the full text;

the information referred to in Annex III on each individual aid award exceeding EUR 500 000, or for beneficiaries active in primary agricultural production, other than those to which Section 2a applies, each individual aid award for such production exceeding EUR 60 000 and for beneficiaries active in the fishery and aquaculture sector, other than those to which Section 2a applies, each individual aid award exceeding EUR 30 000.

As regards aid granted to European Territorial Cooperation projects referred to in Article 20, the information referred to in this paragraph shall be placed on the website of the Member State in which the Managing Authority concerned, as defined in Article 21 of Regulation (EU) No 1299/2013 of the European Parliament and of the Council ( * ) , or Article 45 of Regulation (EU) 2021/1059 of the European Parliament and of the Council ( ** ) , whichever is applicable, is located. Alternatively, the participating Member States may decide that each of them shall provide the information relating to the aid measures within their territory on the respective websites.

The publication obligations laid down in the first subparagraph shall not apply to aid granted to European Territorial Cooperation projects referred to in Article 20a, as well as European Innovation Partnership for agricultural productivity and sustainability (“EIP”) Operational Group projects and community-led local development (“CLLD”) projects under Article 19b.

2. For schemes in the form of tax advantages, and for schemes covered by Article 16 and 21 ( *** ) the conditions set out in paragraph 1, first subparagraph, point (c) of this Article shall be considered fulfilled if Member States publish the required information on individual aid amounts in the following ranges (in EUR million):

0,03-0,5 (only for fishery and aquaculture);

0,06-0,5 (only for primary agricultural production);

0,5-1;

10-30; and

30 and more.

( * ) Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal ( OJ L 347, 20.12.2013, p. 259 )."

( ** ) Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments ( OJ L 231, 30.6.2021, p. 94 )."

( *** ) For schemes under Article 16 and 21 of the present Regulation, the requirement to publish information on each individual award exceeding EUR 500 000 can be waived with respect to SMEs which have not carried out any commercial sale in any market.’;"

the following paragraph 3a is inserted:

‘3a. If a financial product has been implemented by a Member State under the InvestEU Member State compartment or by a national promotional bank acting as an implementing partner or acting as a financial intermediary under InvestEU, the Member State remains under the obligation to ensure the publication of information as laid down in paragraph 1, first subparagraph, point (c). However, this obligation is deemed to be fulfilled if the implementing partner provides to the Commission the information as laid down in paragraph 1, first subparagraph, point (c), no later than 30 June of the year following the financial year in which the aid was granted and if the guarantee agreement signed between the Commission and the implementing partner stipulates the requirement to provide to the Commission the information as laid down in paragraph 1, first subparagraph, point (c).’;

in Article 11, paragraph 1 is replaced by the following:

‘1. Member States, or in the case of aid granted to European Territorial Cooperation projects under Article 20, alternatively the Member State in which the Managing Authority, as defined in Article 21 of Regulation (EU) No 1299/2013, or Article 45 of Regulation (EU) 2021/1059, whichever is applicable, is located, shall transmit to the Commission:

via the Commission’s electronic notification system, the summary information about each aid measure exempted under this Regulation in the standardised format laid down in Annex II, together with a link providing access to the full text of the aid measure, including its amendments, within 20 working days following its entry into force; and

an annual report, as referred to in Commission Regulation (EC) No 794/2004 ( * ) in electronic form, on the application of this Regulation, containing the information indicated in that Regulation, in respect of each whole year or each part of the year during which this Regulation applies. For financial products implemented by a Member State under the InvestEU Member State compartment or by a national promotional bank acting as an implementing partner or acting as a financial intermediary under InvestEU, this obligation of the Member State is deemed to be fulfilled if the implementing partner provides the annual reports to the Commission, in accordance with the relevant reporting requirements laid down in the guarantee agreement signed between the Commission and the implementing partner.

This first subparagraph shall not apply in respect of aid granted to European Territorial Cooperation projects referred to in Article 20a, as well as to European Innovation Partnership for agricultural productivity and sustainability (“EIP”) Operational Group projects and to community-led local development (“CLLD”) projects as referred to Article 19b.

( * ) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union ( OJ L 140, 30.4.2004, p. 1 ).’;"

in Article 12, paragraph 1 is replaced by the following:

‘1. In order to enable the Commission to monitor the aid exempted from notification by this Regulation, Member States, or alternatively, in the case of aid granted to European Territorial Cooperation projects referred to in Article 20, the Member State in which the Managing Authority is located, shall maintain detailed records with the information and supporting documentation necessary to establish that all the conditions laid down in this Regulation are fulfilled. Such records shall be kept for 10 years from the date on which the ad hoc aid was granted or the last aid was granted under the scheme.

The first subparagraph shall not apply in respect of aid granted to European Territorial Cooperation projects referred to in Article 20a, as well as to European Innovation Partnership for agricultural productivity and sustainability Operational Group projects and to community-led local development (“CLLD”) projects as referred to Article 19b.’;

Article 14 is amended as follows:

in paragraph 9, point (c) is replaced by the following:

each job created through the investment shall be maintained in the area concerned for a period of at least five years from the date the post was first filled, or three years in the case of SMEs, except if the job is lost between 1 January 2020 and 30 June 2021.’;

paragraph 15 is replaced by the following:

‘15. For an initial investment linked to European territorial cooperation projects covered by Regulation (EU) No 1299/2013, or Regulation (EU) 2021/1059, the aid intensity of the area in which the initial investment is located shall apply to all beneficiaries participating in the project. If the initial investment is located in two or more assisted areas, the maximum aid intensity shall be the one applicable in the assisted area where the highest amount of eligible costs is incurred. In assisted areas eligible for aid under Article 107(3)(c) of the Treaty, this provision shall apply to large undertakings only if the initial investment concerns a new economic activity.’;

in Article 16, paragraph 4 is replaced by the following:

‘4. The eligible costs shall be the overall costs of the urban development project to the extent that they comply with Articles 37 and 65 of Regulation (EU) No 1303/2013, or Articles 67 and 68 of Regulation (EU) 2021/1060, whichever is applicable.’;

the following Articles 19a and 19b are inserted:

COMMISSION REGULATION (EU) 2021/1237 of 23 July 2021 amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty ANNEX