Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (Text with EEA relevance.)
Modified by
  • Commission Delegated Regulation (EU) 2021/1204of 10 May 2021amending Delegated Regulation (EU) 2019/856 as regards the application and selection procedures under the Innovation Fund, 32021R1204, July 22, 2021
  • Commission Delegated Regulation (EU) 2023/2537of 15 September 2023amending Delegated Regulation (EU) 2019/856 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund, 32023R2537, November 20, 2023
Commission Delegated Regulation (EU) 2019/856of 26 February 2019supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund(Text with EEA relevance) CHAPTER IGeneral provisions
Article 1Subject matterThis Regulation lays down detailed rules supplementing Directive 2003/87/EC as regards:(a)the operational objectives of the Innovation Fund established by Article 10a(8) of Directive 2003/87/EC;(b)the forms of support provided under the Innovation Fund;(c)the application procedure for the Innovation Fund support;(d)the procedure and criteria for project selection under the Innovation Fund;(e)disbursement of the Innovation Fund support;(f)the governance of the Innovation Fund;(g)reporting, monitoring, evaluation, control, and publicity concerning the operation of the Innovation Fund.
Article 2DefinitionsFor the purposes of this Regulation the following definitions apply:(1)"financial close" means the moment in the project development cycle where all the project and financing agreements have been signed and all the required conditions contained in them have been met;(2)"entry into operation" means the moment in the project development cycle where all elements and systems required for operation of the project have been tested and activities resulting in effective avoidance of greenhouse gas emissions have commenced;(3)"small-scale project" means a project with a total capital expenditure not exceeding EUR 20000000;(4)"medium-scale project" means a project with a total capital expenditure above EUR 20000000 and not exceeding EUR 100000000;(5)"decision launching a call for proposals" means a financing decision by which the Commission enables the financing of a call for proposals in accordance with Article 110 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the CouncilRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193 30.7.2018, p. 1). ("the Financial Regulation");(6)"competitive bidding procedure" means a procedure whereby producers of low or zero carbon products that have applied for Innovation Fund support are selected on the basis of the most competitive bid, in accordance with Article 13d of this Regulation;(7)"qualification requirement" means a condition that shall be fulfilled by a bidder in a competitive bidding procedure in order for its bid to be ranked;(8)"ranking criterion" means the criterion used in competitive bidding procedures to rank proposals that meet the qualification requirements. The ranking criterion is always the bid price, put in direct relation to the product or objective forming the subject of the competitive bidding procedure, but may exceptionally be supplemented by other ranking criteria;(9)"competitive bidding procedure design" means the description of the main economic parameters of a competitive bidding procedure that directly influence the incentive structure and bidding behaviour of project proponents;(10)"clearing price" means the price of the marginal bid that fulfils the applicable qualification requirements in a competitive bidding procedure.
Article 3Operational objectivesThe Innovation Fund shall have the following operational objectives:(a)to support projects demonstrating highly innovative technologies, processes or products, that are sufficiently mature and have a significant potential to reduce greenhouse gas emissions;(aa)to support projects that are sufficiently mature, have a significant potential to reduce greenhouse gas emissions and are aimed at scaling up innovative technologies, processes or products to achieve their broad commercial roll-out across the EU;(b)to offer financial support tailored to market needs and risk profiles of eligible projects, while attracting additional public and private resources;(c)to ensure that the revenues of the Innovation Fund are managed in accordance with the objectives of Directive 2003/87/EC.
Article 4Forms of the Innovation Fund supportThe Innovation Fund support may take the following forms:(a)grants;(b)contributions to blending operations under the Union investment support instrument;(c)where necessary to achieve the objectives of Directive 2003/87/EC, funding in any of the other form laid down in the Financial Regulation, in particular prizes and procurement.

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