Changes of implementation period

✔ The extension of the implementation period must be authorised by the Contracting Authority (requests of extension are to be submitted one month before the end of action)
✔ Suspension of all or of a part of the Action may be requested by the Grant Beneficiary in case it is too difficult or dangerous to continue. The Contracting Authority too may request the Beneficiary to suspend the action
✔ The contract may be terminated in case of force majeure

Changes may relate to the implementation period: it may be extended and suspended, but can also be terminated(art.11-General Conditions).

Extension of the implementation period
The implementation period of the Action is written in Article 2 of the Special Conditions. The Grant Beneficiary must inform the Contracting Authority without delay of any circumstances likely to hamper or delay the implementation of the Action. It may request an extension of the Action's implementation period no later than one month before it ends. The request must be accompanied by all the supporting evidence needed for its appraisal. In case of acceptance of the request, the Contracting Authority will send an addendum to the contract the Grant Beneficiary will have to undersign in duplicate.

Suspension of the Action
The Grant Beneficiary may ask to suspend implementation of all or part of the Action if circumstances (chiefly force majeure or fait du prince) make it too difficult or dangerous to continue. The Coordinator must inform the Contracting Authority without delay and provide all the necessary details, stating the nature, probable duration and foreseeable effects of the suspension.
The partner shall endeavour to minimise the time of its suspension and shall resume implementation once circumstances allow, informing the Contracting Authority accordingly. The implementation period of the Action shall be extended by a period equivalent to the length of suspension, without prejudice to any amendment to the Grant Contract that may be necessary to adapt the Action to the new implementing conditions.
The Contracting Authority may also request the Beneficiary(ies) to suspend all or part of the Action, if exceptional circumstances make such implementation excessively difficult or dangerous. To this purpose, the Contracting Authority shall inform the Coordinator stating the nature and probable duration of the suspension.

Force majeure
Force majeure refers to any unforeseeable exceptional situation or event beyond the contractual parties’ control which prevents either of them to fulfil any of their contractual obligations, can be overcome by the exercise of due diligence, and requires immediate action.
Defects in equipment or material or delays in making them available, labour disputes, strikes or financial difficulties cannot be invoked as force majeure. Cases of force majeure are: strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, earthquakes etc. The party faced with force majeure shall inform the other party without delay, stating the nature, probable duration and foreseeable effects of the problem, and takes any measure to minimise possible damage to the overall project implementation.
In case of force majeure, the Contracting Authority and the Coordinator may terminate the contract by serving two months written notice.

Termination of the Contract
The contract may be terminated by the Contracting Authority, after having duly consulted the Coordinator, in some cases clearly identified by the contract General Conditions. Among others, when:

  • a Beneficiary(ies) fails, without justification, to fulfil any substantial obligation of the contract;
  • a beneficiary(ies) is bankrupt or being wound up, is having affairs administered by the courts, has entered into an arrangement with creditors;
  • a beneficiary(ies), or any related entity or person, have committed fraud, corruption, or are involved in a criminal organisation, money laundry or similar activities detrimental to the EU financial interests;
  • a Beneficiary(ies) hav not fulfilled obligations relating to the payment of social security contributions or of taxes in accordance with the legal provision of the country in which it is established.

The participation of a Beneficiary(ies) in the contract may be also terminated by the Coordinator, in duly justified cases. The Coordinator shall communicate to the Contracting Authority the reasons for termination, its date and a proposed reallocation of the tasks of the Beneficiary(ies) whose participation is terminated, or on its possible replacement.

Resources and useful links:
General Conditions(Annex II)
Special Conditions