Contract number: ECHA/2019/355  FWC conditions of October 2018 
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(g) if the contractor does not comply with applicable obligations under environmental, 
social and labour law established by Union law, national law, collective agreements 
or by the international environmental, social and labour law provisions listed in 
Annex X to Directive 2014/24/EU;  
(h) if the contractor is in a situation that could constitute a conflict of interest  or a 
professional conflicting interest as referred to in Article II.7;  
(i) if a change to the contractor’s legal, financial, technical, organisational or ownership 
situation is likely to substantially affect the implementation of the FWC  or 
substantially modify the conditions under which the FWC was initially awarded;  
(j) in the event of force majeure, where either resuming implementation is impossible 
or the necessary ensuing amendments to the FWC or a specific contract would mean 
that the tender specifications are no longer fulfilled or result in unequal treatment 
of tenderers or contractors; 
(k) if the needs of the contracting authority change and it no longer  requires new 
services under the FWC; in such cases ongoing specific contracts remain unaffected;  
(l) if the termination of the FWC with one or more of the contractors  means that the 
multiple FWC with reopening of competition no longer has the  minimum required 
level of competition; 
(m) if the contractor is in breach of the data protection obligations  resulting from 
Article II.9.2; 
(n)  if the contractor does not comply with the applicable data protection obligations 
resulting from Regulation (EU) 2016/679. 
II.18.2. Grounds for termination by the contractor 
The contractor may terminate the FWC or any on-going specific contract if the contracting 
authority fails to comply with its obligations, in particular the obligation to provide the 
information needed for the contractor to implement the FWC or to perform a specific 
contract as provided for in the tender specifications. 
II.18.3. Procedure for termination 
A party must formally notify the other party of its intention to terminate the FWC or a 
specific contract and the grounds for termination.  
The other party has 30 days following the date of receipt to submit observations, including 
the measures it has taken or will take to continue  fulfilling its contractual obligations. 
Failing that, the decision to terminate becomes enforceable the day after the time limit for 
submitting observations has elapsed.  
If the other party submits observations, the party intending to terminate must formally 
notify it either of the withdrawal of its intention to terminate or of its final decision to 
terminate.  
In the cases referred to in points (a) to (d), (g) to (i), (k) and (l) of Article II.18.1 and in 
Article II.18.2, the date on which the termination takes effect must be specified in the 
formal notification. 
In the cases referred to in points (e), (f) and (j) of Article II.18.1, the termination takes 
effect on the day followi ng the date on which the contractor receives notification of 
termination.  
In addition, at the request of the contracting authority and regardless of the ground s for 
termination, the contractor must provide all necessary assistance, including information, 
documents and files, to allow the contracting authority to complete, continue or transfer 
the services to a new contractor or internally, without interruption or adverse effect on the