EMFF Closure: Notice to all beneficiaries

All organisations are still liable for retention of items bought as part of any grant award.

Durability of Operations – Important Information for Applicants

Applicants who were successful in applying for EMFF funding must ensure that their projects continue to meet the Durability of Operations expectations set out in EC Regulation No 1303/2013 on the Common Provisions Regulations, as follow:

You must retain all original project-related documents for 5 years from the date of the last EMFF claim.  At any time up to that date European Commission auditors may wish to inspect any or all original documentation, including, amongst other things, order forms and delivery notes for plant and equipment; bills of quantity; tenders, estimates and quotations; architects’ (etc.) certificates; statements and invoices; relevant books of account; drawings, plans and technical specifications. Failure to retain documentation or to allow documentation to be viewed as outlined is an offence and action may be taken by the Welsh Government.

You must not modify your project within five years of the award of European funds if that modification would affect the nature of your project or any condition imposed on its implementation or would result in an unfair advantage being given to any third party, this is known as durability of operations. Within that period, you must also not dispose of any assets or infrastructure or stop or relocate any activity if that would result in a modification to your project.  

If you are an owner of a fishing vessel, or supporting one through your project, that vessel shall not be transferred outside the European Union during at least the five years following the date of actual payment of that funding to you. If a vessel is transferred within that time–frame, sums unduly paid in respect of the project shall be recovered by the Welsh Government, in an amount proportionate to the period during which the condition set out in the first sentence of this paragraph has not been fulfilled.

If you are an owner of a fishing vessel, or supporting one through your project, and the vessel is sold or transferred within the European Union during at least the five years following the date of actual payment of that funding to you, the new owner of the vessel must accept the terms and conditions of this offer of funding. If the new owner does not accept the terms and conditions of this offer of funding, then you as the applicant may be required to re-pay all or some of the funding paid to you.

Items purchased using public funding from the EMFF Scheme must be owned and used for their original purpose for a minimum of five years, except where State Aid rules provide for a different period, or the items are leased. In the case of a project comprising investment in infrastructure or productive investment, and where the applicant is not a Micro, small or medium enterprise (SME), you will be required to repay the funding contribution from the EMFF scheme if, within 10 years of the final payment to the project, the project or its activity is subject to relocation outside of the European Union. Some or all of the funding for projects that do not meet the Durability of Operations above will be recovered.

You must comply with the provisions on ineligibility contained in Regulation (EU) 2015/288 and the ineligibility guidance to the UK EMFF scheme. You must notify the Welsh Government  if you are found to have committed a fraud (as defined in the guidance) or a serious infringement prior to applying for funding or at any point up to five years from the date of the final payment made under this offer of grant.