Seminar for Beneficiaries 20 - 2 1 February 2012 Narva , Estonia. Procurement rules. Beneficiary Seminar. Joint Technical Secretariat. What is procurement? .
Project Beneficiaries and partners form Estonia and Latvia, as well as Russian Federation public entities, should follow their NATIONAL PROCUREMENT PROCEDURES and additionally follow the rules of nationality and origin set out in Article 2 of Annex IV to the Grant Contract.
Russian Beneficiaries and partners that are not public entities must respect Article 1 to 7 of Annex IV to the Grant Contract. It is recommended to use PRAG (chapters 2 to 5 and templates) as a model of “best international practice” (Article 3 of Annex IV).
Mixed (hybrid) contracts (PRAG Article 2.4.9):
ALL Beneficiaries and partners have to follow rules of nationality and origin include in Article 2 of Annex IV of the Grant Contract „Procurement by grant Beneficiaries in the context of European Union external actions”, even though they can follow national procurement rules as provided for under Article 8.2 of Annex IV. Project partners from Russia should follow the rules set in the Article 4.8 of the Agreement between the Government of Russian Federation and the European Community on financing and implementing the Cross Border Cooperation programme "Estonia - Latvia - Russia".
- Tenderers must state, in the tender, the country of which they are nationals by presenting the usual proof of nationality under their national legislation.
- This rule does not apply to experts proposed by service providers taking part in tender procedures or service contracts financed by the grant.
- All countries mentioned in previous slide are acceptable, REGARDLESS OF THE PROGRAMME ELIGIBLE AREA!
Exceptions may be justified by:
- Unavailability of products and services in the markets of the countries concerned
- For reasons of extreme urgency
- If the eligibility rule were to make the realisation of a project, a programme or an action impossible or exceedingly difficult
- NOT applicable just because a product of ineligible origin is cheaper than the EU or local product!
- By derogation only (request to JTS/JMA)