Chapter IV, Article 21, Paragraph 2. · Regulation (EU) 2025/535

Contents

2.The Facility Agreement shall provide for the following obligations of Moldova:

(a)to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interest and irregularities;

(b)to protect whistleblowers;

(c)to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interest and irregularities as well as to investigate and prosecute criminal offences affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects or programmes under the Reform Agenda and to take appropriate measures to treat mutual legal assistance requests by EPPO and Member States’ competent authorities concerning criminal offences affecting the funds provided under the Facility, where applicable and without delay;

(d)for the purpose of paragraph 1, in particular for checks on the use of funds in relation to the implementation of reforms in the Reform Agenda, to ensure the collection of, and access to, in compliance with Union data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Reform Agenda under Chapter III;

(e)to expressly authorise the Commission, OLAF, the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129 of the Financial Regulation.

Defined terms · 9

Show every defined term

blending operation
means an operation supported by the Union budget that combines non-repayable forms of support from the Union budget with repayable forms of support from development or other public financial institutions, including export credit agencies, or from commercial finance institutions and investors;
do no significant harm
means not supporting or carrying out economic activities that do significant harm to any environmental objective, where relevant, within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council;
enlargement policy framework
means the overall policy framework for the implementation of this Regulation as defined by the European Council and the Council, and includes the revised enlargement methodology, agreements that establish a legally binding relationship with Moldova, the negotiating frameworks governing accession negotiations with candidate countries, where applicable, as well as resolutions of the European Parliament, relevant communications from the Commission, including, where applicable, on the rule of law, and joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy;
Facility Agreement
means an arrangement concluded between the Commission and Moldova laying down the principles for financial cooperation between Moldova and the Commission under this Regulation;
final recipient
means a person or entity receiving funding under the Facility;
loan agreement
means the agreement concluded between the Union and Moldova laying down the terms of the loan support under the Facility;
measures
means reforms and investments as set out in the Reform Agenda under Chapter III;
payment conditions
means conditions for the release of funds that take the form of observable and measurable qualitative or quantitative steps to be implemented by Moldova, as set out in the Reform Agenda under Chapter III;
Reform Agenda
means a comprehensive, coherent and prioritised set of targeted reforms and priority investment areas in Moldova, including payment conditions that indicate satisfactory progress or completion of related measures, and an indicative timetable for their implementation;