Smart Regions Enterprise Innovation Scheme | 18
e. Copy of completed environmental impact assessment or screening procedure for selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council 2 , and that the assessment of alternative solutions has been taken into account, on the basis of the requirements of that Directive under Stream One. f. Copy of Climate Proofing Assessment for both mitigation of climate change and adaption to climate change that has been completed in accordance with the Commission Technical Guidance on Climate Proofing of Infrastructure in the period 2021-2027 3 for all investments in infrastructure which has a lifespan of at least 5 years under Stream One. g. Evidence that the proposed activity respects the 6 principles of “Do No Significant Harm” (DNSH) within the meaning of Regulation (EU) 2020/852 of the European Parliament and of the Council 4 and incorporates recommendations to mitigate any impact as outlined in the Report for Do No Significant Harm Assessment of the Southern, Eastern and Midland Programme and Northern and Western Programme 2021-2027 dated July 2022 within the DNSH Checklist Part 2 for policy objective 1.3. under Stream One. h. Confirmation that the beneficiaries have effective mechanisms in place to ensure that all public procurement is consistent with National 5 and EU procurement legislation. i. Confirmation that any state aid would be lawful, and that the applicant is eligible to receive grant aid at the requested level within the State Aid regulations, if applicable. j. Confirmation that any aid granted through the project to third parties is permissible under and would be managed in accordance with State Aid regulations. k. Confirmation that applicants have effective mechanisms in place to ensure compliance with the Charter of Fundamental Rights of the European Union 6 and with the United Nations Convention on the Rights of Persons with Disability (UNDRPD) 7 . l. Confirmation that the application does not include activities which were part of an operation subject to relocation in accordance with Article 66 of the Common Provisions Regulation (CPR) 8 or which would constitute a transfer of a productive activity in accordance with point (a) of Article 65(1) of the CPR. m. Initial clarification that the application is not directly affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of operations. This assessment of any potential infringement must be completed successfully by Enterprise Ireland before an offer of support is made to the beneficiary.
2 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 3 European Commission – Technical Guidance on the Climate Proofing of Infrastructure in the period 2021-2027 4 Regulation (EU) 2020/852 of the European Parliament and of the Council 18/06/2020 on the establishment of a framework to facilitate sustainable investment 5 The Office of Government Procurement – The National Public Procurement Policy Framework 6 Charter of Fundamental Rights of the European Union 7 United Nations Convention of the Rights of Persons with Disability 8 Regulation (EU) 2021-1060 of the European Parliament and of the Council 24/06/2021 – Common Provisions Regulation
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