Project outputs that have the character of investments in infrastructure or productive investments shall remain with the concerned beneficiaries either for at least five years following the final payment to the beneficiary, or, where applicable, within the period of time set out in State aid rules. The occurrence of any of the following situations would result in a violation of rules concerning durability:
- Cessation or transfer of a productive activity outside the NUTS level 2 region in which it received support;
- Change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;
- Substantial change affecting the nature, objectives or implementation conditions which would result in undermining the original objectives of the concerned investments.
Should any of the above conditions not be met at any time within five years after the final payment to the beneficiary or, where applicable, within the period of time set out in State aid rules, the concerned beneficiary must immediately inform the MA/JS. The MA will then recover the unduly paid ERDF contribution in proportion to the period for which the requirements have not been fulfilled.
As an exception, durability requirements set in this chapter do not apply in case of cessation of a productive activity due to a non-fraudulent bankruptcy.