Exception to the decommitment
Article 87
1. The amount concerned by decommitment shall be reduced by the amounts equivalent to that part of the budget commitment for which: (a) the operations are suspended by a legal proceeding or by an administrative appeal having suspensory effect; or (b) it has not been possible to make a request for payment for reasons of force majeure seriously affecting implementation of all or part of the programme. The national authorities claiming force majeure under point (b) of the first subparagraph shall demonstrate the direct consequences of the force majeure on the implementation of all or part of the programme. For the purpose of points (a) and (b) of the first subparagraph, the reduction may be requested once, if the suspension or force majeure lasted no longer than one year, or a number of times that corresponds to the duration of the force majeure or the number of years between the date of the legal or administrative decision suspending the implementation of the operation and the date of the final legal or administrative decision. 2. By 31 January, the Member State shall send to the Commission information on the exceptions referred to in points (a) and (b) of the first subparagraph of paragraph 1 for the amount to be declared by the end of the preceding year.