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Document 02022D0563-20230619
Decision (EU) 2022/563 of the European Parliament and of the Council of 6 April 2022 providing macro-financial assistance to the Republic of Moldova
Consolidated text: Decision (EU) 2022/563 of the European Parliament and of the Council of 6 April 2022 providing macro-financial assistance to the Republic of Moldova
Decision (EU) 2022/563 of the European Parliament and of the Council of 6 April 2022 providing macro-financial assistance to the Republic of Moldova
02022D0563 — EN — 19.06.2023 — 001.001
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DECISION (EU) 2022/563 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 April 2022 providing macro-financial assistance to the Republic of Moldova (OJ L 109 8.4.2022, p. 6) |
Amended by:
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DECISION (EU) 2023/1165 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2023 |
L 155 |
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16.6.2023 |
DECISION (EU) 2022/563 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 April 2022
providing macro-financial assistance to the Republic of Moldova
Article 1
The Commission shall regularly inform the European Parliament and the Council of developments regarding the Union’s macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time.
Article 2
Article 3
Article 4
The Commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions:
the precondition set out in Article 2(1);
a continuous satisfactory track record of implementing a policy programme that contains strong adjustment and structural reform measures supported by a non-precautionary IMF credit arrangement;
the satisfactory implementation of the economic policy and financial conditions agreed in the MOU.
Article 5
Article 6
The loan agreement and the grant agreement to be agreed with the Moldovan authorities shall contain all of the following provisions:
ensuring that Moldova regularly checks that financing provided from the general budget of the Union has been properly used, takes appropriate measures to prevent irregularities and fraud and, where necessary, takes legal action to recover any funds provided under this Decision that have been misappropriated;
ensuring the protection of the Union’s financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the Union’s macro-financial assistance, in accordance with Council Regulations (EC, Euratom) No 2988/95 ( 3 ) and (Euratom, EC) No 2185/96 ( 4 ), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 5 ) and, for those Member States participating in enhanced cooperation regarding the European Public Prosecutor’s Office, also in accordance with Council Regulation (EU) 2017/1939 ( 6 );
expressly authorising the European Anti-Fraud Office to carry out investigations, including on-the-spot checks and inspections including digital forensic operations and interviews;
expressly authorising the Commission, or its representatives, to carry out checks, including on-the-spot checks and inspections;
expressly authorising the Commission and the Court of Auditors to perform audits during and after the availability period of the Union’s macro-financial assistance, including document audits and on-the-spot audits, such as operational assessments;
ensuring that the Union is entitled to early repayment of the loan or to full repayment of the grant where it has been established that, in relation to the management of the Union’s macro-financial assistance, Moldova has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the Union;
ensuring that all costs incurred by the Union that relate to the borrowing and lending operations under this Decisions are to be borne by Moldova.
Article 7
Article 8
By 30 June of each year, the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Decision in the preceding year, including an evaluation of that implementation. That report shall:
examine progress made in implementing the Union’s macro-financial assistance;
assess the economic situation and prospects of Moldova, as well as progress made in implementing the policy measures referred to in Article 3(1);
indicate the connection between the economic policy conditions set out in the MOU, Moldova’s on-going economic and fiscal performance and the Commission’s decisions to release the instalments of the Union’s macro-financial assistance.
Article 9
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
( 1 ) Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
( 2 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EC, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 3 ) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
( 4 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
( 5 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
( 6 ) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).