In accordance with Art. 11 of Decree no. 195/16.03.2020 (Beneficiaries of European funds affected by the adoption of the emergency measures provided for in this decree may decide, together with the management authorities/intermediary bodies, to suspend the financing contracts concluded in accordance with the law) and considering the provisions of the POR financing contracts ( art. 7-A, paragraph (22) - General Conditions, in conjunction with art. 4-B, paragraph (1), letter f) of the Financing Agreements - Annex 1 - Specific conditions, Section I - Applicable specific conditions Regional Operational Program 2014-2020), in cases where Beneficiaries request the suspension of financing contracts, AMPOR considers the following steps:
I. Beneficiaries affected as a result of the measures taken following the declaration of the state of emergency, including as a result of the establishment of other measures according to the law in the current context, transmit the information regarding the situation that has arisen, mentioning the duration of the suspension period, accompanied by supporting documents (as the case may be ), and request the suspension of financing contracts by submitting a request in MySMIS (additional documents).
II. The IO analyzes the reasons mentioned in the information regarding the situation that has arisen and which affect the Beneficiary's activity, making it impossible to implement the project, as well as the documents communicated by him (as the case may be).
Following the analysis, the IO draws up a Note, signed by the IO Head or his substitute, which will include the proposals deemed necessary.
III. Based on the OI Note, AM POR can decide to suspend the financing contract, issuing a Decision to this effect (attached model).
Following the suspension, the completion date of the implementation period provided for in the financing contract is postponed by a period equal to the suspension interval, but no later than 31.12.2023.
The suspension decision issued by the AM POR and sent to the IO electronically will mention the new date of completion of the implementation period, will be communicated by the IO to the Beneficiary (in electronic format, by e-mail) and will be uploaded by the IO in MYSMIS (documents section additional).
Suspension implies that the Beneficiary temporarily ceases the implementation of the project.
During this period, the Beneficiary will do all the diligence to minimize the consequences of the exceptional circumstances that make the implementation of the project impossible and will take the necessary measures in order to protect the investments financed by the ROP already made (e.g. preservation of the works already done).
At the end of the suspension, the Beneficiary/Partners have the obligation to resume the implementation of the project, according to the obligations established in the financing contract.
This situation does not affect the processing of reimbursement requests if expenses incurred and paid before the suspension are requested to be settled.
Taking into account the previously mentioned legal provisions, the Beneficiaries of the projects in the sustainability period affected as a result of the measures taken following the declaration of the state of emergency, including as a result of the establishment of other measures according to the law in the current context, send the information about the situation that has arisen, mentioning the duration of the suspension period, accompanied by supporting documents (if applicable), and requests the suspension of the contracts, with the IO and AM following the same steps as those previously mentioned.