CHAPTER 4

The Commission shall decommit any part of the amount in an operational 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 operational programme or for which a payment application drawn up in accordance with Article 41 has not been submitted in accordance with Article 45, including any payment application for which all or part is subject to an interruption of the payment deadline or suspension of payments. That part of commitments still open on 31 December 2023 shall be decommitted if any of the documents required under Article 52(1) has not been submitted to the Commission by the deadline set out in Article 52(1). The amount concerned by decommitment shall be reduced by the amounts equivalent to that part of the budget commitment for which: the operations are suspended by a legal proceeding or by an administrative appeal having suspensory effect; or it has not been possible to make a request for payment for reasons of force majeure seriously affecting implementation of all or part of the operational programme. The national authorities claiming force majeure under point (b) of the first subparagraph shall demonstrate the direct consequences of the force majeure on the implementation of all or part of the operational programme. For the purpose of points (a) and (b) of the first subparagraph, the reduction may be requested once, if the suspension or force majeure lasted no longer than one year, or a number of times that corresponds to the duration of the force majeure or the number of years between the date of the legal or administrative decision suspending the implementation of the operation and the date of the final legal or administrative decision. By 31 January, the Member State shall send to the Commission information on the exceptions referred to in points (a) and (b) of the first subparagraph of paragraph 1 for the amount to be declared by the end of the preceding year. The Commission shall inform the Member State and the managing authority in good time whenever there is a risk of application of the decommitment rule under Article 59. On the basis of the information it received as of 31 January, the Commission shall inform the Member State and the managing authority of the amount of the decommitment resulting from that information. The Member State shall have two months to agree to the amount to be decommitted or to submit its observations. By 30 June, the Member State shall submit to the Commission a revised financing plan reflecting, for the financial year concerned, the reduced amount of support of the operational programme. Failing such submission, the Commission shall revise the financing plan by reducing the contribution from the Fund for the financial year concerned. The Commission shall amend the decision adopting the operational programme, by means of implementing acts, no later than 30 September.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.