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Article 21

Article 21

De-Commitment of the Contribution from the ENI

 

(1) The Commission shall de-commit any part of the contribution from the ENI to the Cooperation Programme that has not been used for payment of the pre-financing and interim payments by 31 December of the third financial year following the year of budget commitment under the Cooperation Programme or for which a payment application has not been submitted by the relevant deadline.

However, with regard to the contribution from the ENI for the year 2015, the Commission shall de-commit that part that has not been used for payment of the pre-financing and interim payments by 31 December of the fourth financial year following 2015 or for which a payment application has not been submitted by the relevant deadline.

(2) Notwithstanding paragraph 3 of this Article, the amount of the contribution concerned by de-commitment shall be reduced by the amounts that the Managing Authority has not been able to declare to the Commission because of:

(a) Projects suspended by a legal proceeding or by an administrative appeal having suspensory effect;

(b) Reasons of force majeure, as defined in Article 28(1) of this Agreement, seriously affecting the implementation of all or part of the Cooperation Programme;

(c) In case of interruption of the payment deadline or suspension of payments.

(3) That part of commitments still open on 31 December 2023 shall be de-committed if any of the relevant closure documents has not been submitted to the Commission by 15 February 2025.