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1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.

2. The Commission shall monitor the fulfilment of the precondition set out in paragraph 1 before disbursements to Ukraine under the Facility are made and throughout the period of the support provided under the Facility taking duly into account the Commission’s regular enlargement report. The Commission shall take into account the relevant recommendations of international bodies, such as the Council of Europe and its Venice Commission, in this process. The Commission shall inform the Council of the fulfilment of the precondition set out in paragraph 1 before disbursements to Ukraine. Where the Commission finds that the precondition is not met or is no longer met, it shall submit to the Council a proposal for an implementing decision suspending the payments referred to in Article 26, irrespective of the fulfilment of conditions referred to in Article 16(2). In its assessment, the Commission shall also take into account the context in Ukraine and the consequences of the application of martial law in Ukraine. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and to the Council. Where, at the request of Ukraine or on its own initiative, the Commission considers that the precondition is again met, it shall submit to the Council a proposal for an implementing decision lifting the suspension of payments. In the cases to which this paragraph applies, the Council shall act, as a rule, within one month of receiving the Commission’s proposal.