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1. Twice per year, Moldova shall submit a duly justified request for the release of funds at the latest two months after the timeline set in the Commission implementing decision in respect of fulfilled payment conditions related to the measurable quantitative or qualitative steps as set out in the Reform Agenda.

2. The Commission shall assess without undue delay whether Moldova has met the preconditions set out in Article 5 and the principles for financing set out in Article 10(3) and achieved satisfactory fulfilment of the payment conditions set out in the Commission implementing decision referred to in Article 13. Where the Commission finds that payment conditions previously met by Moldova, for which the Commission had previously paid, are no longer fulfilled by Moldova, the Commission shall reduce future disbursements by an equivalent amount. In conducting that assessment the Commission may be assisted by experts, including experts from Member States. In the event that a request for the release of funds or a request for payment includes a step related to negotiation Chapter 32, referred to in Article 22(2), the Commission shall not adopt a decision authorising the release of funds unless it assesses such step positively.

3. Where the Commission makes a positive assessment of the satisfactory fulfilment of all applicable conditions, it shall inform the European Parliament and the Council without undue delay, before adopting a decision authorising the release of funds corresponding to those conditions. In respect of those amounts, the decision shall constitute the condition referred to in Article 10.

4. Where the Commission makes a negative assessment of the fulfilment of any conditions as per the timetable, the release of funds corresponding to such conditions shall be withheld. The Commission shall inform the European Parliament and the Council of that assessment without undue delay. The withheld amounts shall be released only when Moldova has duly justified, as part of the subsequent request for release of funds, that it has taken the necessary measures to ensure satisfactory fulfilment of the corresponding conditions.

5. Where the Commission concludes that Moldova has not taken the necessary measures within a period of 12 months from the initial negative assessment referred to in paragraph 4, the Commission shall reduce the amount of the non-repayable financial support and of the loan proportionately to the part corresponding to the relevant payment conditions. During the first year of implementation, a deadline of 24 months shall apply, calculated from the initial negative assessment referred to in paragraph 4. Moldova may present its observations within two months from the communication to them of the Commission’s conclusions.

6. Any amount corresponding to payment conditions that have not been fulfilled by 31 December 2028 shall not be due to Moldova and shall be decommitted, or cancelled from the available amount of loan support, as appropriate.

7. The Commission may reduce the amount of the non-repayable financial support and recover from Moldova, including by offsetting, any amount spent to achieve the objectives of the Facility, reduce the amount of the loan to be disbursed to Moldova or request early repayment of the loan in accordance with the loan agreement, in the event of funds unduly paid, identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by Moldova, or of a reversal of qualitative or quantitative steps or where it is found, after the payment has taken place, that steps were not satisfactorily fulfilled, or of a serious breach of an obligation resulting from the Facility Agreement or from the loan agreement, including on the basis of information provided by OLAF or of the Court of Auditors’ reports. The Commission shall inform the European Parliament and the Council prior to taking any decision of such reductions.

8. By way of derogation from Article 116(2) of the Financial Regulation, the payment deadline as referred to in Article 116(1), point (a), of the Financial Regulation shall start running from the date of the communication of the decision authorising the release of funds to Moldova pursuant to paragraph 3 of this Article.

9. Article 116(5) of the Financial Regulation shall not apply to payments made as financial assistance, channelled directly to Moldova’s treasury pursuant to this Article and to Article 21 of this Regulation.

10. Payments of the non-repayable financial support and of the loans under this Article shall be made in accordance with the budget appropriations, as set in the annual budgetary procedure, and subject to the available funding. Funds shall be paid in instalments. An instalment may be paid in one or more tranches.

11. The amounts shall be paid following the decision referred to in paragraph 3 in accordance with the loan agreement.

12. Payment of any amount of the support in the form of loans shall be subject to the submission by Moldova of a request for payment in the form set out in the loan agreement and in accordance with the provisions set out in the Facility Agreement.