Suspension of payments in relation to the multi-annual performance monitoring

1.   Where, in accordance with Article 135(2) and (3) of Regulation (EU) 2021/2115, the Commission asks the Member State concerned to submit an action plan, that Member State shall establish such an action plan in consultation with the Commission. The action plan shall include the intended remedial actions and clear progress indicators together with the timeframe during which the progress has to be achieved. That timeframe may extend beyond one financial year.
The Member State concerned shall respond within a period of two months of the Commission’s request for an action plan.
Within a period of two months of receipt of the action plan from the Member State concerned, the Commission shall, where appropriate, inform that Member State in writing of its objections to the action plan submitted and request its modification. The Member State concerned shall comply with the action plan, as accepted by the Commission, and comply with the expected timeframe for its execution.
The Commission shall adopt implementing acts laying down further rules on the structure of the action plans and the procedure for setting up the action plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 103(3).
2.   If the Member State fails to submit or to implement the action plan referred to in paragraph 1 of this Article, or if that action plan is manifestly insufficient to remedy the situation, or if it has not been modified in accordance with the written request of the Commission referred to in that paragraph, the Commission may adopt implementing acts suspending the monthly payments referred to in Article 21(3) or the interim payments referred to in Article 32.
By way of derogation from the first subparagraph of this paragraph, the request for an action plan by the Commission for the financial year 2025 shall not lead to a suspension of payments before the performance review for the financial year 2026, as provided for in Article 135(3) of Regulation (EU) 2021/2115.
The suspension of payments referred to in the first subparagraph shall be applied in accordance with the principle of proportionality to the relevant expenditure related to the interventions which were to be covered by that action plan.
The Commission shall reimburse the suspended amounts when, on the basis of the performance review referred to in Article 135 of Regulation (EU) 2021/2115 or on the basis of the voluntary notification made during the financial year by the Member State concerned on the advancement of the action plan and of the corrective action taken to remedy the shortfall, satisfactory progress towards targets is achieved.
If the situation is not remedied by the end of the 12th month following the suspension of payments, the Commission may adopt an implementing act definitively reducing the amount suspended for the Member State concerned.
The implementing acts provided for in this paragraph shall be adopted in accordance with the advisory procedure referred to in Article 103(2).
Before adopting such implementing acts, the Commission shall inform the Member State concerned of its intention and shall ask it to respond within a period which shall not be less than 30 days.
3.   The Commission is empowered to adopt delegated acts in accordance with Article 102 supplementing this Regulation with rules on the rate and duration of suspension of payments and the condition for reimbursing or reducing those amounts with regard to the multi-annual performance monitoring.