1. The InvestEU Fund shall only support financing and investment operations that:
(a)
comply with the conditions set out in points (a) to (e) of Article 209(2) of the Financial Regulation, in particular regarding market failures, suboptimal investment situations and additionality as set out in points
(a) and
(b) of Article 209(2) of the Financial Regulation and in Annex V to this Regulation and, where appropriate, maximising private investment in accordance with point (d) of Article 209(2) of the Financial Regulation;
(b)
contribute to the Union policy objectives and fall within the scope of the areas eligible for financing and investment operations under the appropriate policy window in accordance with Annex II to this Regulation;
(c)
do not provide financial support to the excluded activities set out in Section B of Annex V to this Regulation; and
(d)
are consistent with the investment guidelines.
2. In addition to projects situated in the Union, or in an overseas country or territory linked to a Member State as set out in Annex II to the TFEU, the InvestEU Fund may support the following projects and operations through financing and investment operations:
(a)
projects involving entities located or established in one or more Member States that extend to one or more third countries, including acceding countries, candidate countries and potential candidates, countries falling within the scope of the European Neighbourhood Policy, the EEA or the EFTA, to an overseas country or territory as set out in Annex II to the TFEU, or to an associated third country, regardless of whether there is a partner in those third countries or overseas countries or territories;
(b)
financing and investment operations in third countries as referred to in Article 5 which have contributed to a specific financial product.
3. The InvestEU Fund may support financing and investment operations that provide finance to final recipients which are legal entities established in any of the following countries or territories:
(a)
a Member State or an overseas country or territory linked to a Member State as set out in Annex II to the TFEU;
(b)
a third country associated to the InvestEU Programme in accordance with Article 5;
(c)
a third country referred to in point (a) of paragraph 2, where applicable;
(d)
other third countries, where necessary for the financing of a project in a country or territory referred to in points (a), (b) or (c).