Suspension and Termination of the FPA
Suspension of the FPA
If during the implementation of the partnership, the Commission suspects the Partner does not comply any more with the required conditions and criteria, it may decide to suspend the Framework Partnership Agreement for the time needed to carry on the necessary verifications.
ECHO may take such a decision either as a result of the analysis of the information submitted within the Periodic Assessment or of information obtained through other sources (e.g. audit, information from other donors, publicly available information on the partner etc.).
Procedure for suspension
Before suspending the Framework Partnership Agreement, the Commission shall formally notify the Partner of its intention to suspend the Agreement, specifying the reasons thereof and inviting the Partner to submit observations within 30 calendar days from the receipt of the notification.
The Partner can decide whether to submit observation or not.
In any case, the Commission shall formally notify its last decision to continue or stop the suspension procedure and the reasons thereof. In case of suspension, it shall also specify the indicative date of completion of the necessary verification. The suspension shall take effect on the day of the receipt of the notification by the Partner or on a later date, where the notification so provides.
Effects of suspension
Once the suspension entered into force:
- Any Specific Grant Agreement concluded before the suspension took effect and which is still in force, shall be completed and liquidated under the terms of the SGA.
- During the suspension the Partner is not eligible for new funding for the actions that would start after the suspension took effect.
- Partner cannot claim any compensation on account of a suspension of the FPA.
Duration of the suspension
Unless the FPA has been terminated, the suspension shall be lifted as soon as the Commission shall consider that the grounds for the suspension are no longer present or the necessary verifications have been carried out. In this case the Commission shall formally notify the Partner of lifting the suspension.
Termination of the FPA
The termination of the FPA can be done without prejudice to the execution of, controls on the execution of, and/or the settlement of disputes concerning Specific Grant Agreements already concluded. The termination can be done both by the Commission and by the Partner.
Termination by the Partner can be done at any time sending a formal notification signed by a representative authorised to sign the FPA, indicating the date when the termination shall take effect.
Termination by the Commission can be done in the following cases:
- if the Partner does not comply anymore with the partnership conditions and criteria
- in case it decides to apply administrative penalties to the Partner
In these cases, the Commission shall formally notify the Partner in advance of its intention to terminate the FPA, specifying the reasons thereof and inviting the Partner to submit observations within 45-calendar day.
If no observation has been submitted or if, despite the observations submitted, the Commission decides to pursue the termination procedure, it shall formally notify the Partner thereof, specifying the reasons for the termination and the date on which the termination takes effect.
Effects of the termination
Even in case of termination of the FPA and without prejudice to its right to terminate a Specific Grant Agreement, the Commission shall honour its obligations arising from the implementation of any Specific Grant Agreement that has entered into force before it takes effect.
The obligations entered into by the Partner under Specific Grant Agreements, including those contained in the FPA, continue to apply after the termination of the FPA takes effect.