Financial instruments

1.   Managing authorities may provide a programme contribution, from one or more programmes to existing or newly created financial instruments set up at national, regional, transnational or cross border level and implemented directly by, or under the responsibility of, the managing authority which contribute to achieving specific objectives.
2.   Financial instruments shall provide support to final recipients only for investments in both tangible and intangible assets as well as working capital expected to be financially viable and which do not find sufficient funding from market sources. Such support shall be in compliance with applicable Union State aid rules.
Such support shall be provided only for the elements of the investments which are not physically completed or fully implemented at the date of the investment decision.
3.   Appropriate support from the Funds through financial instruments shall be based on an
ex ante
assessment drawn up under the responsibility of the managing authority. The
ex ante
assessment shall be completed before managing authorities make programme contributions to financial instruments.
The
ex ante
assessment shall include at least the following elements:
(a)
the proposed amount of programme contribution to a financial instrument and the estimated leverage effect accompanied by a short justification;
(b)
the proposed financial products to be offered, including the possible need for differentiated treatment of investors;
(c)
the proposed target group of final recipients;
(d)
the expected contribution of the financial instrument to the achievement of specific objectives.
The
ex ante
assessment may be reviewed or updated, may cover part or the entire territory of the Member State, and may be based on existing or updated
ex ante
assessments.
4.   Support to final recipients may be combined with support from any Fund or another Union instrument and may cover the same expenditure item. In such a case, the Fund’s support under the financial instrument, which is part of a financial instrument operation, shall not be declared to the Commission for support under another form, another Fund or another Union instrument.
5.   Financial instruments may be combined with programme support in the form of grants in a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument. In such a case, the rules applicable to financial instruments shall apply to that single financial instrument operation. The programme support in the form of grants shall be directly linked and necessary for the financial instrument and shall not exceed the value of the investments supported by the financial product.
6.   In the case of combined support under paragraphs 4 and 5, separate records shall be kept for each source of support.
7.   The sum of all forms of combined support shall not exceed the total amount of the expenditure item concerned. Grants shall not be used to reimburse support received from financial instruments. Financial instruments shall not be used to pre-finance grants.