Amendments by mutual consent
To know more, see also the FAQs nr. 48;
An amendment by mutual consent consists of a request from a Party and a reply (approval or rejection) to the request by the other Party. The Party requesting the amendment shall send to the other Party a duly justified amendment request when it affects:
- Articles 2 to 6 of the SGA
- Title and principal objective
- Specific objective, results and indicators
- Number and type of beneficiaries: An amendment by mutual consent is not necessary in all cases when the number of beneficiaries changes due to the factual day-to-day evolution of the number of beneficiaries reached.
A modification request requiring ECHO approval is needed when the partner becomes reasonably confident that, on balance, the expected number of beneficiaries will not be reached.
When the total number increases without affecting other conditions or elements of the Agreement the partner shall report such change in the Final Report, but no amendment is required.
A modification request requiring ECHO approval should be sent also in case of increase of the number of beneficiaries requiring additional financial resources; in this case, the approval will depend on the availability of budget. If resources not available, other elements of the Action might have to be modified (e.g. modify results, reduce activities, etc.)
- Country and/or region of implementation
- One of the elements identified in the Art 11 of the General Conditions on Financial support to beneficiaries.
- Use of remote management
Here you can find an exhaustive list of all the elements of an Action for which the mutual consent procedure applies.
Amendments And the Modification Request
- To start drafting the Modification Request the partner should enter in Appel and follow this workflow
- When the amendment request does not concern a specific section of the Single Form (for example reporting deadline), the partner has to use section 13 of Single Form to justify its request.
- When the amendment concerns a specific section of the Single Form (e.g. number of beneficiaries), the partner has to encode the modification in that section, including the justification for it.
- If the modification requests include several changes, the partner is invited to provide an overall justification for the changes in section 13.1 of the Single Form.
- The response from ECHO will be sent in PDF format by email to the official address of the partner (so called exchange of letters modality)
Requests for amendments at the latest 30 calendar days before the end of the implementation period.
Exception: when justified, and if ECHO does not object to it, the request for amendment, including a cost-extension, can be done after the end of the implementation period, but, in any case, at the latest with the Final Report.
Response by ECHO to the request for amendment is to be provided at the latest within 30 calendar days from the request. An absence of response does not equal a tacit consent on the side of ECHO.
Exception: if the request is done after the end of the implementation period, at the latest with the Final Report → ECHO will notify the partner its acceptance or rejection of the request with the notification of Final Payment.
The amendment shall enter into force on the date on which the last Party gives its approval. The amendment shall take effect on the date of its entry into force, unless the Parties agree otherwise.
The partner shall abstain from implementing any changes before having received the express agreement of the Commission except in case of force majeure, suspension of the implementation of the Action or equivalent circumstances which require the immediate adoption of precautionary measures.