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Regulation (EU) 2025/535 of the European Parliament and of the Council of 18 March 2025 establishing the Reform and Growth Facility for the Republic of Moldova article 8 CELEX: 32025R0535 Facility Agreement
1. The Commission shall conclude a Facility Agreement with Moldova for the implementation of the Facility setting out the obligations and payment conditions for the disbursement of funding. 2. The Facility Agreement shall be complemented by a loan agreement in accordance with Article 15, setting out specific provisions for the management and implementation of funding provided in the form of a loan. The Facility Agreement, including any related documentation, shall be made available to the European Parliament and the Council simultaneously and without delay. 3. Funding shall be granted to Moldova only after the Facility Agreement and the loan agreement have entered into force. 4. The Facility Agreement and the loan agreement concluded with Moldova shall ensure that the obligations set out in Article 129 of the Financial Regulation are fulfilled. |
Regulation (EU) 2025/535 of the European Parliament and of the Council of 18 March 2025 establishing the Reform and Growth Facility for the Republic of Moldova article 8 CELEX: 32025R0535 5. The Facility Agreement shall lay down the necessary detailed provisions concerning: (a) the commitment of Moldova to make decisive progress towards a robust legal framework to fight fraud, and establish more efficient and effective control systems, including appropriate mechanisms for the protection of whistleblowers as well as appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest as well as to strengthen the fight against money laundering, organised crime, misuse of public funds, terrorism financing, tax avoidance, tax fraud and tax evasion, and other illegal activities affecting the funds provided under the Facility; (b) the rules on the release, withholding and reduction of funds in accordance with Article 19; (c) the detailed rules on and the obligation of Moldova to provide part of total loan amount for investment projects approved under the Neighbourhood Investment Platform, pursuant to Article 6(4); (d) the activities related to management, control, supervision, monitoring, evaluation, reporting and audit, as well as system reviews, investigations, anti-fraud measures and cooperation; (e) the rules on reporting to the Commission on whether and how the payment conditions referred to in Article 10 are fulfilled; (f) the rules on taxes, duties and charges in accordance with Article 27(9) and (10) of Regulation (EU) 2021/947; (g) the measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest, and the obligation for persons or entities implementing Union funds under this Regulation to notify the Commission, OLAF and, where applicable, EPPO, without delay, of suspected or actual cases of irregularities, fraud, corruption and conflicts of interest and other illegal activities affecting the funds provided under the Facility and their follow-up; (h) the obligations referred to in Articles 21 and 22, including the precise rules and a timeframe on collection of data by Moldova and access to it for the Commission, OLAF, the Court of Auditors and, where applicable, EPPO; (i) a procedure to ensure that requests for the disbursement of loan support fall within the available loan amount, in accordance with Article 6(1); (j) the right of the Commission to reduce proportionately the support provided under the Facility and to recover any amount referred to in Article 6(1) spent to achieve the objectives of the Facility, or to ask for early repayment of the loan, in cases of irregularities, fraud, corruption or conflicts of interest affecting the financial interests of the Union that have not been corrected by Moldova, of a reversal of qualitative or quantitative steps, or of a serious breach of an obligation provided for in the Facility Agreement; (k) rules and procedures for Moldova to report for the purpose of monitoring the implementation of the Facility and assessing the achievement of the objectives set out in Article 3; (l) the obligation for Moldova to transmit electronically to the Commission the data referred to in Article 20. |