Annexes to COM(2013)597 - EU position regarding the revision of Annex IV to the ACP-EC Partnership Agreement - Main contents
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dossier | COM(2013)597 - EU position regarding the revision of Annex IV to the ACP-EC Partnership Agreement. |
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document | COM(2013)597 |
date | June 5, 2014 |
DRAFT
DECISION OF THE ACP-EU COUNCIL OF MINISTERS
of
regarding the revision of Annex IV to the ACP-EC Partnership Agreement
THE ACP-EU COUNCIL OF MINISTERS
Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) as amended in Luxembourg on 25 June 2005 (2) and in Ouagadougou on 22 June 2010 (3) (the ‘ACP-EC Partnership Agreement’), and in particular Article 100 thereof,
Whereas:
(1) | Article 100 of the ACP-EC Partnership Agreement states that Annexes Ia, Ib, II, III, IV and VI to the ACP-EC Partnership Agreement may be revised, reviewed and/or amended by the ACP-EU Council of Ministers on the basis of a recommendation from the ACP-EU Development Finance Cooperation Committee. |
(2) | International commitments toward aid effectiveness were taken by the Parties to the ACP-EC Partnership Agreement in Busan, Accra and at the OECD-DAC in Paris in 2010. |
(3) | The rules of nationality and origin could be further improved in line with the abovementioned international commitments. |
(4) | Clarification and simplification of the provisions of Annex IV to the ACP-EC Partnership Agreement could improve the efficiency of the implementation of the EDF, |
HAS ADOPTED THIS DECISION:
Article 1
Annex IV to the ACP-EC Partnership Agreement is amended as follows:
(1) | In Article 19C, paragraph 5 is replaced by the following: ‘5. Pursuant to the commitment referred to in Articles 32(1)(a) and Article 50 of this Agreement, contracts and grants financed from resources from the multi-annual financial framework of cooperation with the ACP shall be performed in accordance with applicable environmental legislation and internationally recognised basic standards in the field of labour law.’; |
(2) | Article 20(1) is replaced by the following: ‘1. Participation in procedures for the awarding of procurement contracts or grants financed from the multi-annual financial framework of cooperation under this Agreement shall be open to all natural persons who are nationals of, or legal persons who are effectively established in:
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(3) | In Article 20, paragraph 1a is deleted; |
(4) | Article 20(3) is replaced by the following: ‘3. All supplies and materials purchased under a procurement contract, or in accordance with a grant agreement, financed from the multi-annual financial framework of cooperation under this Agreement shall originate from an eligible country, as defined in this Article. However, they may originate from any State when the amount value of the supplies and materials to be purchased is below the threshold for the use of the competitive negotiated procedure, established in accordance with paragraph 1 of Article 19C. In this context, the definition of the concept of “originating products” shall be assessed by reference to the relevant international agreements, and supplies originating in the Community shall include supplies originating in the Overseas Countries and Territories.’; |
(5) | Article 20(5) is replaced by the following: ‘5. Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation implemented through an international organisation, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons who are eligible according to the rules of the organisation, care being taken to ensure equal treatment of all donors.The same rules apply for supplies and materials.’; |
(6) | Article 20(6) is replaced by the following: ‘6. Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation implemented as part of a regional initiative, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons from a country participating in the relevant initiative. The same rules apply for supplies and materials.’; |
(7) | Article 20(7) is replaced by the following: ‘7. Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation jointly co-financed with a partner or other donor or implemented through any Trust Fund established by the Commission, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1 and to all natural and legal persons eligible under the rules of that partner, other donor or under the rules determined in the Trust Fund constitutive act. In the case of actions implemented through entrusted bodies, which are Member States or their agencies, the European Investment Bank or through international organisations or their agencies, natural and legal persons who are eligible under the rules of that entrusted body, as identified in the agreements concluded with the co-financing or implementing body shall also be eligible. The same rules apply for supplies and materials.’; |
(8) | In Article 20, the following new paragraphs 8 and 9 are added: ‘8. Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation co-financed under another EU financial Instrument, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons eligible under any of these Instruments. The same rules apply for supplies and materials. 9. Eligibility as defined in this Article may be restricted with regard to the nationality, localisation or nature of applicants where required by the nature and the objectives of the action and as necessary for its effective implementation.’; |
(9) | Article 22(1) is replaced by the following: ‘1. Tenderers, applicants and candidates from third countries not eligible under Article 20 may be authorised to participate in procedures for the awarding of procurement contracts or grants financed by the Community from the multiannual financial framework of cooperation under this Agreement or supplies and materials from non-eligible origin may be accepted as eligible at the justified request of the ACP States or the relevant organisation or body at regional or intra-ACP level in the case of:
The ACP State or the relevant organisation or body at regional or intra-ACP level shall, on each occasion, provide the Commission with the information needed to decide on such derogation.’; |
(10) | Article 26(1)(a) is replaced by the following:
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(11) | Article 26(1)(b) is replaced by the following:
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(12) | Article 26(1)(c) is replaced by the following:
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(13) | Article 26(2) is replaced by the following: ‘2. Without prejudice to the provisions in paragraph 1, where two tenders for works, supplies or service contracts are acknowledged to be equivalent, preference shall be given:
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Article 2
This Decision shall enter into force on the date of its adoption.
Done at …,
For the ACP-EU Council of Ministers
The Chair
(1) OJ L 317, 15.12.2000, p. 3. Agreement as rectified by OJ L 385, 29.12.2004, p. 88.
(2) OJ L 209, 11.8.2005, p. 27.
(3) OJ L 287, 4.11.2010, p. 3.
(4) OJ L 344, 19.12.2013, p. 1.’;