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European Commission

EUROPEAN CIVIL PROTECTION AND HUMANITARIAN AID OPERATIONS

WORKING WITH DG ECHO AS AN NGO PARTNER | 2021 - 2027

FORCE MAJEURE

‘Force majeure’ is defined in 35 of the  HUMA MGA. A beneficiary can assess if it faces a situation of force majeure by answering the following questions:  

 

  1. Is the force majeure situation preventing the beneficiary from fulfilling its obligations under the Agreement?
  2. Was it an unforeseeable, exceptional situation beyond the Parties’ control?
  3. Was it due to error or negligence on their part (or on the part of other participants involved in the action)?
  4. Did it prove to be inevitable in spite of exercising all due diligence?

 

If the answer to question 1, 2 and 4 is YES, and the answer to question 3 is NO, the beneficiary will notify DG ECHO without delay the force majeure situation. After analysing the situation, the Partner can agree with DG ECHO on a temporary interruption or reduction of the activities. Have a look at the dedicated page for more information on the procedures to follow.

 

  • Situations in which the performance of an obligation has simply become more difficult for reasons outside the reasons mentioned above.
  • Situations which occurred due to neglect (e.g. loss of supporting documents due to insufficient archiving practices).
  • Default of service, defect in equipment or material, delays in making them available (e.g. delays in custom services, container lost in the harbour).

WHAT IS NOT FORCE MAJEURE?

  • Situations in which the performance of an obligation has simply become more difficult for reasons outside the reasons mentioned above.
  • Situations which occurred due to neglect (e.g. loss of supporting documents due to insufficient archiving practices).
  • Default of service, defect in equipment or material, delays in making them available (e.g. delays in custom services, container lost in the harbour).
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