What should be considered regarding the retention of ownership for infrastructure investments/construction measures (Point 3.6 of the program eligibility rules)?

For projects that include infrastructure measures or productive investments, the ownership must remain unchanged for 5 years after the final payment to the beneficiary, if the change involves a relocation of production activities, or if the change in ownership provides an unjustified advantage to another entity, or if significant changes undermine the achievement of the original objectives (see Article 65(1) of Regulation 1060/2021).
Even if, from the beneficiary’s perspective, no ownership relationship exists, but merely availability of the infrastructure, such as in the case of an investment in a property provided by the state to a municipality by concession, the costs for infrastructure measures are eligible for funding. If during the 5 years after the final payment, the ownership changes (e.g., transfer of property ownership to the municipality), it must be ensured that no unjustified advantage is granted to another entity.
Additionally, the general principle of direct project relevance must be observed. This means that only in the case of investments that themselves represent the project purpose or “project output” is the entire amount of expenses eligible for funding. Otherwise, only a proportionate recognition based on the project usage period is possible.