Termination of the agreement

In this section

Termination with advance notice by the Partner

The Humanitarian Organisation may terminate the Agreement at any time by serving 45 calendar days' written notice stating the grounds for termination.

If no motives are given or if the Commission reasonably rejects the justifications invoked by the Partner, the termination shall be deemed wrongful.

Termination with advance notice by the Commission

The Commission may terminate the Agreement without any indemnity at any time by serving 45 calendar days’ written notice when:

a) a legal, financial, technical or organisational change in the Partner’s situation affects the Agreement substantially or calls the award decision into question; or

b) the Partner has failed to comply with its obligations under the Agreement, including its Annexes and these General Conditions.

After receipt of the notice letter the Partner has 15 calendar days to present its observations. If the Partner fails to do so or if the Commission reasonably rejects the observations, the notice shall continue to run.

Notice is given by registered letter with advice of delivery or equivalent procedure. The notice period starts to run on the day when the notice letter is received. The termination date is the day when the notice period expires.

Termination by the Commission with immediate effect

By way of exception, the Commission may terminate the Agreement with immediate effect without any notice, nor indemnity, in any of the following circumstances:

a) if the suspension lasts longer than one third of the implementation period of the Action;

b) if the partner fails to present the due Final reports within six months of the end of the implementing period of the Action or if the Commission twice explicitly rejected the Final reports presented by the Partner;

c) if the Partner is bankrupt or being wound up, has its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

d) if the Partner has been convicted of an offence concerning its professional conduct by a judgment which has the force of res judicata, or if it is guilty of grave professional misconduct proven by any justified means;

e) if the Partner intentionally makes false declarations, is guilty of misrepresentation or submits reports inconsistent with the reality;

f)if the Partner has, intentionally or by negligence, committed an irregularity in the performance of the Agreement. 'Irregularity` shall mean any infringement of a provision of Community law resulting from an act or omission by the Partner, which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by them;

g) if the Partner has been the subject of a judgment or administrative decision which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests.

The grounds for termination by the Commission with immediate effect also apply, mutatis mutandis, to actions committed by the implementing partners, contractors or staff of the Partner to the extent that they are related to the implementation of the Action.

The Commission shall inform the Partner of the termination and of the grounds of termination by registered letter with advice of delivery or equivalent. The termination takes effect on the day following the date of receipt of the letter.

The Partner shall have 15 calendar days following receipt of the termination letter to request the Commission to review its decision, submitting any supporting evidence it considers adequate. If the Partner does not react within this deadline, it is deemed as having accepted the termination.

The Commission shall react within 15 calendar days following receipt of the Partner's observations. In the absence of a reply by the Commission, the observations of the Partner are deemed to be accepted and the termination procedure shall be cancelled.

The Agreement shall be considered terminated by tacit mutual consent if it has not given rise to any payment by the Commission within the duration of the financing decision to which it relates.



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