Suspension by the Commission
The Commission may suspend the implementation of the Action:
- if the Commission has evidence that the UN Agency has committed substantial errors, irregularities or fraud in the implementation of the Delegation Agreement or if the UN Agency fails to comply with its obligations under the Delegation Agreement;
- if the Commission has evidence that the UN Agency has committed systemic or recurrent errors, irregularities, fraud or breach of obligations under other grants funded by the Union which were awarded to the UN Agency under similar conditions, provided that those errors, irregularities, fraud or breach of obligations have a material impact on this grant;
- if the Commission suspects that substantial errors, irregularities, fraud or breach of obligations have been committed by the UN Agency in the implementation of the Delegation Agreement and needs to verify whether they have actually occurred;
- if the Commission considers that exceptional circumstances, including force majeure, make such implementation excessively difficult or dangerous for the humanitarian workers and beneficiaries;
- if the Commission considers that there is an incompatibility between the further implementation of the Action and compliance with humanitarian principles.
PROCEDURE OF SUSPENSION
The Commission shall notify the UN Agency of its intention to suspend, specifying the reasons, and where applicable, the necessary conditions for resuming the implementation. The UN Agency shall be invited to submit observations within 15 calendar days from receipt of the notification. The time-limits may be shortened according to the urgency of the matter.
If the UN Agency fails to raise any observations within this time-limit, the suspension shall take effect on the expiry of this time-limit.
If the UN Agency raises observations, after examination of those observations, the Commission shall notify the UN Agency of its decision on the suspension. If the Commission decides to suspend the Delegation Agreement, the suspension shall take effect on the date of receipt of this notification.
References & useful links