Rules of origin
THE APPLICATION OF THE RULES OF NATIONALITY AND ORIGIN WITHIN THE ENPI CBC PROJECTS
According to the EC note of 14th February 2013, beneficiaries and partners of projects, implemented within the ENPI programmes, may apply the national regulations on public procurement of the co-financing EU Member State as regards the nationality and origin rules under the following conditions:
1. The national regulations do not restrict the conditions of nationality and origin as defined in article 21 of the Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument.
2. The project is co-financed by a public entity in an EU Member State.
Please be aware, that both conditions must be fulfilled at the same time. In other cases, beneficiaries and partners of the projects, implemented within the ENPI programmes, must apply the relevant provisions of article 21 of the Regulation No 1638/2006.
EC NOTE ON THE APPLICATION OF THE RULES OF NATIONALITY AND ORIGIN WITHIN THE ENPI CBC PROJECTS (14.02.2013.)
Integral part of the Grancy contract is Annex IV – Procurement Procedures. Please take note of Rules of origin (point 2.2). It says “If the basic act or the other instruments applicable to the programme under which the grant is financed contain rules of origin for supplies acquired by the Beneficiary in the context of the grant, the tenderer must state the origin of supplies. For the purpose of this annex, the term "origin" is defined in articles 23 and 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code and other Community legislation governing non-preferential origin. Contractors must present proof of origin to the Beneficiary no later than when the first invoice is presented, for equipments and vehicles of a unit cost on purchase of more than € 5 000. The certificate of origin must be made out by the competent authorities of the country of origin of the supplies and must comply with the rules laid down by the relevant Community legislation”.
Because of that it is necessary to inform contractors about requirement of rules of origin. Rules of origin must be attached to the request for payment.