Contract number: ECHA/2019/355  FWC conditions of October 2018 
30 
a specific contract or any part of it: 
(a) if the procedure for awarding the FWC or a specific contract or the implementation of 
the FWC proves to have been subject to irregularities, fraud or breach of obligations;  
(b) in order to verify whether the presumed irregularities, fraud or breach of obligations 
have actually occurred.  
The contracting authority must formally notify the contractor of the suspension and the 
reasons for it. Suspension takes effect on the date of formal notification, or at a later date 
if the formal notification so provides.  
The contracting authority  must notify the contractor as soon as the verification is 
completed whether: 
(a) it is lifting the suspension; or 
(b) it intends to terminate the FWC or a specific contract under Article II.18.1(f) or 
(j). 
The contractor is not entitled to compensation for suspension of any part of the FWC or a 
specific contract. 
The contracting authority may in addition suspend the time allowed for payments in 
accordance with Article II.21.7. 
II.18. Termination of the FWC 
II.18.1. Grounds for termination by the contracting authority 
The contracting authority may terminate the FWC or any on-going specific contract in the 
following circumstances: 
(a) if provision of the services under a n on -going specific contract has not actually 
started within 15 days of the scheduled date and the contracting authority considers 
that the new date proposed, if any, is unacceptable, taking into account 
Article II.11.2; 
(b) if the contractor is unable, through its own fault, to obtain any permit or licence 
required for implementation of the FWC; 
(c) if the contractor does not implement the FWC or perform the specific contract in 
accordance with the tender specifications or request for service  or is in breach of 
another subs tantial contractual obligation or repeatedly refuses to sign specific 
contracts. Termination of three or more specific contracts in these circumstances 
also constitutes grounds for termination of the FWC; 
(d) if the contractor or any person that assumes unlimited liability for the debts of the 
contractor is in one of the situations provided for in points (a) and (b) of Article 
136(1) of the Financial Regulation6; 
(e) if the contractor or any related person  is in one of the situations provided for in 
points (c) to (h) of Article 136(1) or to Article 136(2) of the Financial Regulation; 
(f) if the procedure for awarding the FWC or the implementation of the FWC prove to 
have been subject to irregularities, fraud or breach of obligations; 
                                           
6  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 (EU, Euratom) No 
966/2012, OJ L 193 of 30.7.2018, p.1 https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG