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1. Preconditions for the support under the Facility shall be that Moldova upholds and respects effective democratic mechanisms, including a multi-party parliamentary system, free and fair elections, free, independent and pluralistic media, an independent judiciary and the rule of law, and guarantees respect for all human rights obligations, including the rights of persons belonging to minorities.

2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds, including pre-financing, are released to Moldova under the Facility and throughout the period of the support provided under the Facility taking duly into account the enlargement policy framework. The Commission shall also take into account the relevant recommendations of international bodies, such as the Council of Europe and its Venice Commission, or the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE) in the monitoring process.

3. Where the Commission finds that some of the preconditions set out in paragraph 1 are not met, the Commission shall adopt a decision to that effect, and in particular, withhold the release of funds referred to in Article 19, irrespective of whether the payment conditions referred to in Article 10 are fulfilled. The Commission shall inform the European Parliament and the Council of its decision.