Proposal for a Regulation of the European Parliament and of the Council on the access to Community External Assistance
Date: 2004-04-26
Institutions: European Commission
Subjects: Development Assistance Committee, EU aid, aid system, development aid, invitation to tender, public contract

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2004 
COM(2004) 313 final 

2004/0099 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the access to Community External Assistance 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

1. 

BACKGROUND 

This  Regulation  is  one  of  the  responses  to  the  permanent  concern  on  enhancing  the 
effectiveness of aid and reducing the transaction costs that are attached to the implementation 
of the Community external assistance. 

1.1. 

Nature of the issue 

Although accurate figures are hard to come by, a consensus has emerged on the international 
scene that the practice of tying the granting  of aid, directly  or indirectly, to  the purchase of 
goods  and  services  procured  by  means  of  that  aid  in  the  donor  country,  reduces  its 
effectiveness. Also it is difficult to precisely measure the benefit of untying, the World Bank 
and the Development Assistance Committee of the Organisation for Economic Co-operation 
and Development (OECD/DAC) have produced estimations with a substantial ratio in terms 
of gain through better value for money. 

It  is  useful  to  recall  that  untying  is  not  pursued  as  a  goal  as  such  but  as  a  goal  to  achieve 
higher impact at lower cost. It is important to have an understanding of the opportunities and 
constraints  of  increasing  access  to  procurement  to  ensure  an  intelligent  use  of  the  concept. 
Therefore,  progress  towards  further  untying  will  have  to  be  accompanied  by  impact 
assessments and studies. 

The  untying  of  aid  has  been  treated  so  far  mainly  as  a  donor  driven  process  establishing 
access  among  donors  by  donors.  It  is  important  to  place  the  debate  in  the  context  of  the 
participation of developing countries to the implementation of aid. 

A substantial part of EC aid assistance is implemented through aid modalities that are directly 
managed  by  the  recipient  country,  such  as  budget  support  or  sector  support.  Those 
instruments  are  de  facto  not  subject  to  EC  award  of  procurement  or  grant.  They  are  not 
concerned by this regulation. 

1.2. 

Situation regarding the European Union 

Regarding the Member States 

Despite  differences  in  the  approaches  and  modalities,  there  is  a  general  consensus  amongst 
the Member States on the benefit of increasing access to development assistance procurement. 
Indeed,  all  Member  States  are  committed  to  the  OECD/DAC  Recommendation  on  untying 
and  report  on  its  implementation.  Due  to  the  existence  of  the  single  market  development 
assistance  procurement  in  all  Member  States  is  open  in  principle  to  other  Member  States. 
Moreover, almost half of the Member States have introduced measures to completely open the 
access to their development assistance. 

Regarding Community aid 

Community  aid  has  been  open  to  a  significant  extent  for  more  than  25  years.  Indeed,  the 
European Community has a long track record in dealing with this concept, due to its specific 
relationship  with  the  Member  States  and  to  an  increasing  degree,  to  beneficiary  countries. 
Some  elements  of  openess  were  included  in  its  development  programmes  since  the  first 
Yaoundé Convention in 1963. Moreover, Community aid is progressively directed at balance 
of payments and budgetary support, which, by definition, is entirely untied. 

2 

 
 
  
 
1.3. 

Commitment made in Barcelona 

On the 14th of March 2002, in its conclusions relating to the preparation of the Conference in 
Monterrey and in order to improve the efficiency of ODA, the General Affairs Council held in 
parallel to the European Council of Barcelona stated in the paragraph 7, c) of its conclusions 
that the European Union will “implement the DAC recommendation on untying of aid to Least 
Developed  Countries  and  continue  discussions  in  view  of  further  untying  bilateral  aid.  The 
EU will also consider steps towards further untying of Community aid while maintaining the 
existing system of price preferences of the EU-ACP framework”. 

In  response,  to  this  commitment,  the  Commission  adopted  in  November  2002  a 
Communication  “untying:  enhancing  the  effectiveness  of  aid.  The  approach  proposed  was 
based on the necessity of a further opening of Community aid while maintaining the access of 
the  partner  country  as  a  key  target  and  supporting  strengthening  regional  integration  and 
capacity building. It established the links with the DAC Recommendation while going further 
that. 

The Council and the European Parliament supported the approach proposed and requested the 
Commission  to  introduce  proposals  for  relevant  changes  in  the  Community  External 
Assistance. 

1.4. 

The Commission’s response 

Due to the legal nature of the instruments falling under the European Development Fund and 
those falling under the EC budget, two parallel processes are necessary. 

First, a mandate for introducing the relevant changes in the Cotonou agreement was presented 
in the package of proposed revisions to the Cotonou Agreement for 2005 and accepted by the 
GAERC on 23 February 2004. 

Second, this proposal presents one single regulation defining the access to all Community aid 
to  be  implemented  in  all  basics  acts  governing  external  assistance  that  fall  under  the  EC 
budget. In the future, all instruments will contain a simple reference to this regulation. 

The approach with regards to further opening of Community aid presented in this regulation 
will also be taken into account in future proposals by the Commission on the rationalisation of 
its  external  relations  into  six  instruments.  Forthcoming  proposals  will  come  up  in  the 
framework set up by the recent Commission Communication “Building our common Future. 
Policy challenges and Budgetary means of the Enlarged Union 2007-2013”1. 

2. 

THE CHOICE OF LEGAL BASIS 

The choice of legal basis is consistent with the Treaty establishing the European Community 
and its Title XX that founds a European Development Cooperation, in particular its articles 
179 and 181A. The texts adopted with the legal basis of Article 308 come from now on under 
the  new  Article  181A,  introduced  by  the  Nice  Treaty.  The  proposed  regulation  must  be 
adopted by the co-decision procedure provided for in Article 251 of the Treaty. 

1 

COM(2004) 101 Final, of 10.2.2004 

3 

 
 
  
 
                                                 
3. 

SUBSIDIARITY AND PROPORTIONALITY: JUSTIFICATION AND ADDED 
VALUE 

The  powers  attributed  to  the  European  Commission  must  be  exercised  in  accordance  with 
Article 5 of the EC Treaty that is if and insofar as the objectives of the proposed action cannot 
be  sufficiently  achieved  by  the  Member  States  and  can  therefore,  by  reason  of  the  scale  or 
effects  of  the  proposed  action,  be  better  achieved  by  the  Community.  The  proposal  for  a 
Regulation satisfies these criteria. 

Subsidiarity 

The prime objective of the proposed Regulation is to define the principle and conditions for 
the access of persons and goods to instruments managed by the EC. It can only de facto be 
achieved by the Community. 

Proportionality 

The  form  of  Community  action  must  be  the  simplest  that  will  enable  the  objective  of  the 
proposal to be attained and effectively implemented. In this spirit, the legal instrument chosen 
is a horizontal regulation amending in once all Community instruments. 

ARTICLE-BY-ARTICLE COMMENTARY 

Article 1 

The purpose of this regulation is to establish the access to the instruments listed in Annex I 
financing the Community external assistance, for persons (article 2) and goods (article 3). It 
defines criteria (article 4), specific cases (articles 5 and article 7) and derogations (articles 6). 
The  scope  of  this  regulation  does  not  cover  all  Community  external  assistance  instruments 
such as the macro financial assistance directly managed by the recipient country of aid. 

This  article  clarifies  the  meaning  of  the  terms  and  concepts  used.  They  must  be  understood 
with the meaning carried out in the Financial Regulation and its Implementing Modalities. 

Article 2 

Article 3 

This article defines the access of legal persons based on their nationality. It specifies various 
categories 

a) Concerning nationals of developing and transition countries 

–  instruments  with a thematic scope  are  open for  all  developing  and  transition countries in 
addition to those already mentioned in the specific instruments. They are listed in Annex I, 
Part A. 

–  instruments  with  a  geographical  scope  are  open  only  to  the  nationals  of  countries  of  the 
region  as  defined  on  the  instruments,  as  one  of  the  objective  of  those  instrument  is  to 
strengthen regional integration and capacity building in a regional context. They are listed 
in Annex I, Part B. 

4 

 
 
  
 
b) Concerning the donors 

–  instruments are open by principle to the nationals from Member States, from the candidate 
countries (as recognised by the EC), and from the Countries of the EEA. This represents a 
total of 30 countries. 

–  instruments  are  open  to  the  nationals  from  other  DAC  member  countries  on  the  basis  of 
reciprocity. It concerns Australia, Canada, Japan, New-Zealand, Switzerland and USA. 

The definition of developing and transition countries is based on the OECD/DAC lists. Those 
lists  are  updated  on  a  yearly  basis  in  January  by  the  OECD/DAC  and  are  based  on 
internationally agreed criteria. Those lists are presented in the Annex II. A specific procedure 
is foreseen to regularly bring this Regulation in line with the latest OECD/DAC list. 

Article 4 

The eligibility of supplies and materials follows the same logic as the one defining the access 
of legal persons. In fact there was no clear mention in the past concerning the rules of origin. 
This situation created difficulties in the field. This addition aims at establishing legal clarity. 

Rules of origin are understood as they are defined in the normal EC context and through the 
relevant provisions in force in the Community. 

This  article  defines  the  criteria  of  reciprocity  as  the  condition  for  providing  access  to  EC 
instruments for donors that have not been granted direct access. 

Article 5 

(1) 

(2) 

(3) 

The granting of reciprocity is not only based on the official declaration by a donor of 
its intention to provide equal access but also on the reality of this access. The concept 
of  reciprocity  must  not  only  be  understood  as  equality  in  the  access  but  also  as 
comparability of the aid to which the access is granted, including its volume. In order 
to  stay  operational  this  analysis  must  be  done  at  an  aggregated  level  (at  sector, 
recipient country, or donor level). 

The  decision  of  granting  the  reciprocity  will  be  taken  in  accordance  with  the 
applicable comitology procedures. It is not intended to establish a new committee but 
to use the existing committees relevant for each of the instruments concerned. In order 
to remain operational, the granting of reciprocity should be done at an aggregated level 
(country or region level) and for a minimum period of one year. 

It  is  important  to  ensure  the  consistency  of  this  regulation  with  the  commitment  to 
implement  the  DAC  Recommendation  on  the  untying  of  aid  to  the  Least  Developed 
Countries.  As  all  DAC  donors  have  agreed  to  be  bound  by  this  recommendation, 
reciprocity  is  in  fact  established  for  the  scope  of  the  DAC  Recommendation. 
Reciprocity  will 
this 
Recommendation. This applies to aid to Least Developed Countries (as defined by the 
DAC).  The  relevant  part  of  the  DAC  Recommendation  defining  the  scope  of  the 
Recommendation is presented in Annex IV. 

therefore  be  granted  on  principle  for 

the  scope  of 

5 

 
 
  
 
(4) 

It  is  important,  in  the  context  of  ownership  that  the  beneficiary  countries  have  an 
opportunity  to  express  their  views  on  the  granting  of  reciprocity  and  that  room  for 
consultation is left. 

This  article  is  a  standard  clause  in  Community  Assistance  Regulations  providing  for 
substantiated and exceptional derogations. 

Article 6 

Article 7 

This  article  clarifies  the  situation  regarding  operations  channelled  through  international 
organisations, regional organisations and co-financed with third countries. This article is not 
an innovation and does correspond to the current practice in many areas. This article therefore 
tries to clarify this. 

Article 8 

The  Financial  Regulation,  its  implementing  modalities  and  the  basic  act  governing 
humanitarian  assistance  contain  specific  derogatory  measures  to  respond  to  the  emergency 
and  urgent  nature  of  humanitarian  crises.  These  derogations  to  the  general  rules  on 
procurement  and  grant  contracts  allow  for  an  immediate  response  within  pre-established 
frameworks.  Specific  measures  are  therefore  required  to  introduce  further  opening  of 
procurement in the humanitarian field, while maintaining the existing efficient mechanisms. 
They are presented in this article. They state that the beneficiaries of humanitarian grants have 
the  obligation  to  apply  the  same  rules  contained  in  this  regulation  when  implementing  the 
procurement financed by those grants. 

Article 9 

The  Rapid  Reaction  Mechanism  requires  specific  measures  to  respond  to  the  emergency  of 
civilian  crisis  management.  It  is  proposed  that  the  access  to  this  mechanism  is  open  to  all 
relevant actors without criteria of nationality. 

Article 10 

This regulation is a horizontal regulation amending the instrument of the external assistance 
financed under the EC budget listed in Annex I. All the instruments concerned as well as all 
the amendments introduced in each of those instruments are presented in Annex I. 

This article specifies the date on which the regulation will enter into force. 

Article 11 

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2004/0099 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the access to Community External Assistance 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
179 and 181A thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty5, 

Whereas: 

(1) 

(2) 

(3) 

The  practice  of  tying  the  granting  of  aid,  directly  or  indirectly,  to  the  purchase  of 
goods  and  services  procured  by  means  of  that  aid  in  the  donor  country  reduces  its 
effectiveness and is not coherent with a pro-poor development policy. The untying of 
aid is not an aim in itself, but should be used as a tool to cross-fertilise other elements 
in  the  fight  against  poverty  such  as  ownership,  regional  integration  and  capacity 
building. 

In  March  2001,  the  Development  Assistance  Committee  of  the  Organisation  for 
Economic Co-operation and Development (OECD/DAC) adopted a “Recommendation 
on Untying Official Development Assistance to the Least Developed Countries”6. The 
Members States of the European Community adopted those recommendations and the 
European Commission recognised the spirit of this Recommendation as a guidance for 
Community aid. 

On 14 March 2002, the General Affairs Council held in conjunction with the European 
Council in Barcelona in preparation to the International Conference on Financing for 
Development,  convened  in  Monterrey  on  18-22  March  2002,  concluded  that  the 
European  Union  would  "implement  the  DAC  recommendation  on  untying  of  aid  to 
Least  Developed  Countries  and  continue  discussions  in  view  of  further  untying 
bilateral aid. The EU will also consider steps towards further untying of Community 

2 
3 
4 
5 
6 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OECD/DAC 2001 Report, 2002, Volume 3, N°1, p.46 

7 

 
 
  
 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

aid  while  maintaining  the  existing  system  of  price  preferences  of  the  EU-ACP 
framework." 

On  18  November  2002,  the  Commission  adopted  a  communication  to  the  European 
Parliament  and  to  the  Council  on  “Untying:  enhancing  the  effectiveness  of  aid”7.  It 
presented  the  Commission’s  views  on  the  issue  and  possible  options  for  the 
implementation  of  the  above  mentioned  Barcelona  commitment  within  the  EU  Aid 
Assistance system. 

In a Conclusion on the untying of aid dated 20 May 20038 the Council underlined the 
need to further untie Community aid. It agreed to the modalities detailed on the afore-
mentioned Communication and decided on the options proposed. 

On 4 September 2003, a Resolution from the European Parliament on the untying of 
aid9  noted  the  need  to  further  untie  Community  aid.  It  supported  the  modalities 
detailed in the afore-mentioned Communication and agreed to the options proposed. It 
highlighted  the  need  for  further  debate  towards  more  untying  on  the  base  of 
complementary studies and documented proposals. 

Several  elements  need  to  be  addressed  in  order  to  define  the  access  to  Community 
External Assistance. The rules of eligibility defined the access of persons in Article 3. 
The rules of origin defined the access of supplies and materials purchased by eligible 
person in Article 4. The access of a specific category of persons is allowed in Article 3 
under the condition of reciprocity. The definition and modalities of implementation of 
reciprocity  are  contained  in  Article  5.  Derogations  and  their  implementation  are 
defined in Article 6. Specific provisions concerning the operations financed through an 
international organisation, a regional organisation, or co-financed with a third country, 
are defined in Article 7. Specific provisions for the purposes of humanitarian aid are 
defined in Article 8. 

The  basic  acts  ruling  the  External  Assistance  define,  in  conjunction  with  the 
provisions  of  the  EC  Financial  Regulation,  the  access  to  Community  External 
Assistance.  The  requested  modifications  to  the  access  to  Community  aid  impose 
amendments to all those instruments. In order to rationalise in a coherent manner those 
changes, the requested amendments are proposed in one single horizontal regulation. 
All  the  modifications  to  all  basic  acts  concerned  are  listed  in  the  Annex  of  this 
regulation. 

7 
8 
9 

COM(2002)/639 final 
SEC(91)2273 final;  
A5/2003/190, Bulletin/2003/9, 1.6.64 

8 

 
 
  
 
                                                 
HAVE ADOPTED THIS REGULATION: 

Article 1 

Scope 

This regulation establishes the rules for the access of interested parties to Community external 
assistance instruments financed by the general budget of the European Union listed in Annex 
I. 

Article 2 

Definition 

For  the  interpretation  of  the  terms  used  in  this  regulation,  reference  is  made  to  the  Council 
Regulation (EC, Euratom) N° 1605/2002 on the financial Regulation applicable to the general 
budget  of  the  European  Communities  (“Financial  Regulation”)  and  to  the  Commission 
Regulation  (EC,  Euratom)  No  2342/2002  of  23  December  2002  which  lays  down  detailed 
rules  for  the  implementation  of  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the 
Financial Regulation applicable to the general budget of the European Communities10. 

Article 3 

Rules of eligibility 

(1) 

(2) 

(3) 

Participation  in  the  award  of  procurement  or  grant  contracts  financed  under  a 
Community  instrument,  shall  be  open  to  all  legal  persons  who  are  nationals  of 
Member  States  of  the  European  Community,  or  who  are  nationals  of  an  official 
candidate country as recognised by the European Community, or who are nationals of 
a Member State of the European Economic Area. 

Participation  in  the  award  of  procurement  or  grant  contracts  financed  under  a 
Community  instrument  with  thematic  scope,  as  defined  in  Annex  I  Part  A,  shall  be 
open  to  all  legal  persons  who  are  nationals  of  a  developing  or  transition  country,  as 
defined by the Development Assistance Committee of the Organisation for Economic 
Co-operation  and  Development  (OECD/DAC)  lists,  contained  in  the  Annex  II,  in 
addition to those legal persons already eligible by virtue of the respective instrument. 

Participation  in  the  award  of  procurement  or  grant  contracts  financed  under  a 
Community instrument with geographical scope, as defined in Annex I Part B, shall be 
open  to  all  legal  persons  who  are  nationals  of  a  developing  or  transition  country  as 
defined by the OECD/DAC lists, contained in the Annex II, and which are expressly 
mentioned  as  eligible,  as  well  as  to  those  already  mentioned  as  eligible  by  the 
respective instrument. 

10 

OJ L 357/1, 31.12.2002 

9 

 
 
  
 
                                                 
(4) 

(5) 

(6) 

(7) 

Participation  in  the  award  of  procurement  or  grant  contracts  financed  under  a 
Community  instrument  shall  be  open  to  all  legal  persons  who  are  nationals  of  any 
other  country  than  those  referred  in  paragraphs  1,  2  and  3  of  this  Article,  where  the 
reciprocal access to their external assistance has been established pursuant to Article 5. 

The  eligibility  rules  in  this  article  do  not  apply  to  the  experts  proposed  by  tenderers 
taking  part  in  the  award  of  procurement  contracts.  Those  experts  can  be  of  any 
nationality. 

Participation  in  the  award  of  procurement  or  grant  contracts  financed  under  a 
Community instrument shall be open to international organisations. 

The  above  is  without  prejudice  to  the  categories  of  organisations  eligible  to  any 
contract,  nor  to  the  derogatory  provision  foreseen  in  article  114(1)  of  the  “Financial 
Regulation”. 

Article 4 

Rules of origin 

All  supplies  and  materials  purchased  under  a  contract  financed  under  a  Community 
instrument  must  originate  from  the  Community  or  from  an  eligible  country  as  defined  in 
Article  3  herein.  Origin  for  the  purpose  of  this  Regulation  is  defined  in  the  relevant 
Community legislation on rules of origin for customs purposes. 

Article 5 

Reciprocity with third countries 

(1) 

(2) 

(3) 

Reciprocal access to EC external assistance shall be granted for a country falling under 
the scope of Article 3 (4), whenever such country grants eligibility on equal terms to 
the Member States of the European Union. 

The  granting  of  reciprocal  access  to  EC  external  assistance  shall  be  based  on  a 
comparison between the EU and other donors and shall be done at entire sector level, 
as  defined  by  the  OECD/DAC  categories,  or  entire  country  level,  either  donor  or 
recipient. The decision of granting this reciprocity to a donor country shall be based on 
the  transparency,  consistency  and  proportionality  of  the  aid  provided  by  that  donor, 
including its qualitative and quantitative nature. 

Reciprocal access to EC external assistance shall be established by means of a specific 
decision  concerning  a  given  country  or  a  given  regional  group  of  countries.  Such  a 
decision  shall  be  adopted  in  accordance  with  the  Council  Decision  1999/468/EC11 
under the procedures and relevant committee ruling the instrument concerned. Such a 
decision shall be in force for a minimum period of one year. 

11 

OJ L 231, 29.08.2001 

10 

 
 
  
 
                                                 
(4) 

Reciprocal  access  to  EC  external  assistance  shall  be  automatically  granted  in 
accordance  with  Point  II  a)  of  the  2001  Recommendations  of  the  OECD/DAC  on 
Untying  of  Official  Development  Assistance  to  the  Least  Developed  Countries, 
referred in Annex IV, to the third countries listed in Annex III. 

(5) 

The  beneficiary  countries,  shall  be  consulted  to  the  maximum  extent  in  the  process 
described in paragraphs (1) to (3). 

Article 6 

Derogations from the rules of eligibility and origin 

(1) 

(2) 

(3) 

In  duly  substantiated  exceptional  cases,  the  Commission  may  extend  eligibility,  to 
nationals from a country not eligible according to Article 3. 

In  duly  substantiated  exceptional  cases,  the  Commission  may  allow  the  purchase  of 
supplies and materials originating from a country not eligible under Article 3. 

Derogations provided in paragraph 1) and 2) can be justified on the basis of products’ 
and  services’  unavailability  in  concerned  countries’  markets,  for  reasons  of  extreme 
urgency,  or  if  the  eligibility  rules  would  make  the  realisation  of  a  project,  a 
programme or an action impossible or exceedingly difficult. 

Article 7 

Operations involving international institutions or third countries 

(1)  Whenever  Community  funding  covers  an  operation  implemented  through  an 
international organisation, participation in the appropriate contractual procedures shall 
be  open  to  all  legal  persons  who  are  eligible  according  to  Article  3  as  well  as  to  all 
legal persons who are eligible according to the rules of such organisation, care being 
taken for guaranteeing equal treatment to all donors. The same rules apply for supplies 
and materials. 

(2)  Whenever Community funding covers an operation co-financed with a third country, 
subject  to  reciprocity  as  defined  in  Article  5,  or  with  a  regional  organisation, 
participation  in  the  appropriate  contractual  procedures  shall  be  open  to  all  legal 
persons who are eligible according to Article 3 as well as to all legal persons who are 
nationals of such third country or countries member of this regional organisation. The 
same rules apply for supplies and materials. 

(3) 

The  eligibility  rules  in  this  article  do  not  apply  to  the  experts  proposed  by  tenderers 
taking  part  in  the  award  of  procurement  contracts.  Those  experts  can  be  of  any 
country. 

11 

 
 
  
 
Article 8 

Humanitarian aid 

(1) 

(2) 

(1) 

(2) 

For the purposes of humanitarian aid, within the meaning of Council regulation (EC) 
N°  1257/9612,  the  provisions  of  Article  3  herein  shall  not  apply  to  the  eligibility 
criteria established for the selection of grant beneficiaries. 

Beneficiaries  of  these  grants  shall  abide  by  the  rules  established  in  this  regulation 
where  the  implementation  of  the  assisted  humanitarian  action  requires  the  award  of 
procurement contracts. 

Article 9 

Rapid Reaction Mechanism 

For  the  purposes  of  civilian  crisis  management,  within  the  meaning  of  Council 
Regulation  (EC)  No  381/20  creating  a  rapid-reaction  mechanism13,  the  partners 
eligible shall originate from any country. 

The  article  6(4)(b)  of  above  mentioned  Council  Regulation  (EC)  No  381/2001  is 
replaced  by  the  following  “have  their  main  Headquarters  in  a  Community  Member 
States or in any other country”. 

Article 10 

Implementation of the regulation 

This  regulation  amends  and  rules  the  relevant  parts  of  all  existing  Community  instruments 
listed in Annex I. The Commission shall amend Annexes II to IV of this Regulation from time 
to time to take account of any amendments to OECD texts. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 11 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

12 
13 

OJEC, L 248/1 of 16.9.2002 
OJ, L 57/5, 27.2.2001 

12 

 
 
  
 
                                                 
Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

13 

 
 
  
 
 
ANNEX I 

The following amendments are made to the Community instruments listed hereafter. 

PART A. Community instruments with a thematic scope 

(1) 

Regulation  No  1568/2003  of  the  European  Parliament  and  of  the  Council  of  15 
July 2003 on aid to fight poverty diseases (HIV/AIDS, tuberculosis and malaria) 
in developing countries14. 

•  Article  5  (3)  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX° ”. 

•  Article  8  (1)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 8 (2) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(2) 

Regulation  No  1567/2003  of  the  European  Parliament  and  of  the  Council  of  5 
July 2003 on aid for policies and actions on reproductive and sexual health and 
rights in developing countries15. 

•  Article  5  (3)  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

•  Article  8  (1)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 8 (2) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(3) 

Regulation (EC) No 1724/2001 of the European Parliament and of the Council of 
23  July  2001  concerning  action  against  anti-personnel  landmines  in  developing 
countries16. 

•  Article  4  (2)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

14 
15 
16 

OJ L 224/7, 6.9.2003 
OJ L 224/1, 6.9.2003 
OJ, L 234/1, 1.9.2001 

14 

 
 
  
 
                                                 
•  Article  8  (2)  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

(4) 

Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against 
anti-personnel landmines in third countries other than developing countries17. 

•  Article  4  (2)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering procedures under this Regulation is defined according to the rules of nationality 
and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  7  (3):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

(5) 

Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 
7  November  2000  on  measures  to  promote  the  full  integration  of  the 
environmental dimension in the development process of developing countries18. 

•  Article  8  (8)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 8 (9) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  5  (3):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

(6) 

Regulation (EC) No 2494/2000 of the European Parliament and of the Council of 
7  November  2000  on  measures  to  promote  the  conservation  and  sustainable 
management of tropical forests and other forests in developing countries19. 

•  Article  9  (8)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 9 (9) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  6  (3):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

17 
18 
19 

OJ, L 234/6, 1.9.2001 
OJ, L 288/1, 15.11.2000 
OJ, L 288/6, 15.11.2000 

15 

 
 
  
 
                                                 
(7) 

Council  Regulation  (EC)  No  975/1999  of  29  April  1999  laying  down  the 
requirements  for  the  implementation  of  development  co-operation  which 
contribute  to  the  general  objective  of  developing  and  consolidating  democracy 
and  the  rule  of  law  and  to  that  of  respecting  human  rights  and  fundamental 
freedoms20. 

•  Article  5  is  replaced  by  the  following  “The  eligibility  for  grant  contracts  is  defined 
according to the rules of nationality and origin and their derogations, as contained in the 
EC Regulation n°XXXX” 

•  Article  8  (1)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 8 (2) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(8) 

Council  Regulation  (EC)  No  976/1999  of  29  April  1999  laying  down  the 
requirements for the implementation of Community operations, other than those 
of  development  cooperation,  which,  within  the  framework  of  Community 
cooperation  policy,  contribute  to  the  general  objective  of  developing  and 
consolidating  democracy  and  the  rule  of  law  and  to  that  of  respecting  human 
rights and fundamental freedoms in third countries21. 

•  Article 5 (1): The following sentence is added: “In addition to the rules laid down herein, 
eligibility  for  grant  contracts  is  also  governed  by  the  rules  of  nationality  and  origin  and 
their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  6  is  complemented  by  the  following  “To  be  eligible  for  Community  aid,  the 
partners referred to in Article 5(1) must have their main headquarters in a country eligible 
for Community aid under this Regulation, as well as under EC Regulation n°XXXX. Such 
headquarters must be the effective decision-making centre for all operations financed under 
this Regulation. Exceptionally, the headquarters may be in another third country”. 

•  Article  9  (1)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering procedures under this Regulation is defined according to the rules of nationality 
and origin and their derogations laid down in this Regulation, as  well  as those contained 
in the EC Regulation n°XXXX”. 

•  Article 9 (2) is complemented by the following “In addition to the rules laid down herein, 
the origin of supplies and materials purchased under this Regulation is defined according 
to  the  rules  of  nationality  and  origin  and  their  derogations,  as  contained  in  the  EC 
Regulation n°XXXX”. 

(9) 

Council  Regulation  (EC)  No  2836/98  of  22  December  1998  on  integrating  of 
gender issues in development co-operation22. 

20 
21 
22 

OJ, L 120/1, 8.5.1999 
OJ, L 120/8, 8.5.1999 
OJ, L 354/5, 30.12.1998 

16 

 
 
  
 
                                                 
•  Article  5  (4):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

•  Article  7  (6)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 7 (7) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(10)  Council Regulation (EC) No 1658/98 of 17 July 1998 on co-financing operations 
with European non-governmental organisations (NGOs) in fields of interest to the 
developing countries23. 

•  Article 3 (1) (second indent) is replaced by the following: “They must have an Headquarter 
in an eligible country and the Headquarters must be the main centre for decisions relating 
to the co-financed operations, as defined in the EC Regulation n°XXXX”. 

•  Article 3 (1) (third indent) is replaced by the following “The majority of their funding must 

originate in an eligible country as defined in the EC Regulation n°XXXX”. 

•  Article  3  (3)  is  added  “The  origin  of  supplies  and  materials  purchased  under  this 
Regulation is defined according to the rules of nationality and origin and their derogations, 
as contained in the EC Regulation n°XXXX”. 

(11)  Commission  Regulation  (EC)  No  2519/97  of  16  December  1997  laying  down 
general  rules  for  the  mobilization  of  products  to  be  supplied  under  Council 
Regulation (EC) No 1292/96 as Community food aid24. 

•  Article  2  (1)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  4  (1  and  2)  is  replaced  by  the  following  “The  origin  of  supplies  and  materials 
purchased under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 4 (3 and 4) is deleted. 

(12)  Council  Regulation  (EC)  No  2046/97  of  13  October  1997  on  north-south  co-

operation in the campaign against drugs and drug addiction25. 

•  Article  5  is  replaced  by  the  following:  “The  cooperation  partners  eligible  for  financial 
support  under  this  Regulation  shall  be  regional  and  international  organizations,  in 
particular  UNDCP,  non-governmental  organizations,  national,  provincial  and  local 
government  departments  and  agencies,  community-based  organizations,  institutes  and 

23 
24 
25 

OJ L 213/1, 30.7.1998 
OJ, L 346, 17.12.1997 
OJ, L 287, 21.10.1997 

17 

 
 
  
 
                                                 
public and private operators. The eligibility for grant contracts is defined according to the 
rules  of  nationality  and  origin  and  their  derogations,  as  contained  in  the  EC  Regulation 
n°XXXX” 

•  Article  6  (5):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

•  Article  9  (7)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  9  (8)  is  deleted  and  replaced  by  “The  origin  of  supplies  and  materials  purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(13)  Council Regulation (EC) No 2258/96 of 22 November 1996 on rehabilitation and 

reconstruction operations in developing countries26. 

•  Article  4  (4):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

•  Article  6  (7)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 6 (8) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(14)  Council  Regulation  (EC)  N°  1292/96  of  27.06.1996  on  food-aid  policy  and  food-
aid  management  and  special  operations  in  support  of  food  security  amended  by 
Regulation (EC) No 1726/2001 of the European Parliament and of the Council of 
23  July  2001  amending  Article  21  of  Council  Regulation  (EC)  No  1292/96  on 
food-aid  policy  and  food-aid  management  and  special  operations  in  support  of 
food security27. 

•  Article  9  is  replaced  by  the  following  “1.  The  countries  eligible  for  Community  aid  for 
operations under this Regulation are listed in the Annex. In this connection, priority shall 
be given to the poorest sections of the population and to low-income countries with serious 
food shortages. 

•  The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  may 

amend that list. 

•  The eligibility for grant contracts is defined according to the rules of nationality and origin 
n°XXXX.  

the  EC  Regulation 

derogations, 

contained 

their 

and 

as 

in 

26 
27 

OJ L 306, 28.11.1996 
OJ L 166, 05.07.1996 

18 

 
 
  
 
                                                 
in 

the 

the 

laws 

meet 

force 

under 

eligible 

country 

following 

decision-making 

2.  Non-profit-making  non-governmental  organizations  (NGOs)  eligible  for  direct  or 
indirect Community financing for the implementation of operations under this Regulation 
must 
criteria: 
(a) if they are non-governmental organizations, they must be autonomous organizations in 
country;  
an 
(b)  they  must  have  their  headquarters  in  an  eligible  State.  This  headquarters  must  be  the 
effective 
operations;  
(c)  show  that  they  can  successfully  carry  out  food-aid  operations;  in  particular  through: 
capacity, 
- 
management 
- 
the  proposed  operation, 
- the results of operations implemented by the relevant NGOs carried out with Community 
finance 
States, 
from 
security, 
- 
-  their  presence  in  the  recipient  country  and  their  knowledge  of  that  country  or  of 
developing 
countries;  
(d)  undertake  to  comply  with  the  conditions  laid  down  by  the  Commission  for  the 
allocation of food aid.” 

or 
experience 

logistical  capacity 

Member 
and 

finance 
in 

technical  and 

administrative 

co-financed 

to  handle 

financial 

centre 

their 

their 

field 

food 

food 

their 

that 

and 

the 

the 

aid 

for 

all 

of 

in 

•  Article  10  (2):  The  following  sentence  is  added:  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

•  Article  11  (1)  is  replaced  by  the  following  deleted  and  replaced  by  “Products  shall  be 
mobilized  in  the  recipient  country  or  in  one  of  the  developing  countries  (listed  in  the 
Annex) if possible one belonging to the same geographical region as the recipient country, 
or  in  countries.  The  origin  of  supplies  and  materials  purchased  under  this  Regulation  is 
defined according to the rules of nationality and origin and their derogations, as contained 
in the EC Regulation n°XXXX” 

•  Article 11 (3) is deleted. 

•  Article 11 (4) becomes Article 11 (3). 

•  Article  17  (first  indent)  is  replaced  by  the  following  “The  eligibility  for  participation  in 
tendering procedures under this Regulation is defined according to the rules of nationality 
and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

PART B. Community instruments with a geographical scope 

(15)  Council  Regulation  (EC)  No  2500/2001  of  17  December  2001  concerning  pre-
accession  financial  assistance  for  Turkey  and  amending  Regulations  (EEC)  No 
3906/89, (EC) No 1267/1999, (EC) No 1268/1999 and (EC) No 555/200028. 

•  Article  8  (7)  –  the  first  and  second  indents  are  complemented  by  the  following  “The 
eligibility for participation in tendering procedures under this Regulation is further defined 
according to the rules of nationality and origin and their derogations, as contained in the 
EC Regulation n°XXXX”. 

28 

OJ, L 342/1, 27.12.2001 

19 

 
 
  
 
                                                 
•  Article  8  (7  third  indent)  is  complemented  by  the  following  “Participation  in  contractual 
procedures implemented through an international organisation or co-financed with a third 
country is further defined in the EC Regulation n°XXXX”. 

•  Article  8  (8)  is  complemented  by  the  following  “The  origin  of  supplies  and  materials 
purchased under this Regulation is further defined according to the rules of nationality and 
origin and their derogations, as contained in the EC Regulation n°XXXX”. 

(16)  Regulation (EC) No 257/2001 of the European Parliament and of the Council of 
22 January 2001 regarding the implementation of measures to promote economic 
and social development in Turkey29. 

•  Article 5 (5): The following sentence is added: “In addition to the rules laid down in this 
Regulation,  participation  in  contractual  procedures  implemented  through  an  international 
organisation  or  co-financed  with  a  third  country  is  also  defined  in  the  EC  Regulation 
n°XXXX”. 

•  Article  6  (7)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering  procedures  under  this  Regulation  is  further  defined  according  to  the  rules  of 
nationality and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  6  (8)  is  complemented  by  the  following  “The  origin  of  supplies  and  materials 
purchased under this Regulation is further defined according to the rules of nationality and 
origin and their derogations, as contained in the EC Regulation n°XXXX”. 

(17)  Regulation (EC) No 2130/2001 of the European Parliament and of the Council of 
29  October  2001  on  operations  to  aid  uprooted  people  in  Asia  and  Latin 
American developing countries30. 

•  Article 7 (3): The following sentence is added: “In addition to the rules laid down in this 
Regulation,  participation  in  contractual  procedures  implemented  through  an  international 
organisation  or  co-financed  with  a  third  country  is  also  defined  in  the  EC  Regulation 
n°XXXX”. 

•  Article  10  (2)  is  complemented  by  the  following  “Community  assistance  is  available  to 
partners who have their main office in a country eligible under this Regulation, as well as  
under  EC  Regulation  n°XXXX,  provided  that  this  office  is  the  actual  centre  directing 
operations  relating  to  their  business  activities.  In  exceptional  cases,  this  office  may  be 
located in another third country”. 

•  Article  13  (1)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering  procedures  under  this  Regulation  is  further  defined  according  to  the  rules  of 
nationality and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  13  (2)  is  complemented  by  the  following  “The  origin  of  supplies  and  materials 
purchased under this Regulation is further defined according to the rules of nationality and 
origin and their derogations, as contained in the EC Regulation n°XXXX”. 

29 
30 

OJ L 39/1, 9.2.2001 
OJ, L 287/3, 31.10.2001 

20 

 
 
  
 
                                                 
(18)  Council  Regulation  (EC)  No  2666/2000  of  5  December  2000  (CARDS)  on 
assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of 
Yugoslavia  and  the  Former  Yugoslav  Republic  of  Macedonia,  repealing 
Regulation  (EC)  No  1628/96  and  amending  Regulations  (EEC)  No  3906/89  and 
(EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC31. 

•  Article  7  (3)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering  procedures  under  this  Regulation  is  further  defined  according  to  the  rules  of 
nationality and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  7  (4):  is  deleted  and  replaced  by  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

(19)  Regulation (EC) No 1726/2000 of the European Parliament and of the Council of 

29 June 2000 on development co-operation with South Africa32. 

•  Article  7  (6)  is  replaced  by  the  following  “The  eligibility  for  participation  in  tendering 
procedures under this Regulation is defined according to the rules of nationality and origin 
and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 7 (7) is replaced by the following “The origin of supplies and materials purchased 
under this Regulation is defined according to the rules of nationality and origin and their 
derogations, as contained in the EC Regulation n°XXXX”. 

(20)  Council  Regulation  (EC,  Euratom)  No  99/2000  (TACIS)  of  29  December  1999 
concerning  the  provision  of  assistance  to  the  partner  States  in  Eastern  Europe 
and Central Asia33. 

•  Article 11 (3) is complemented by the following “In addition to the rules laid down in this 
Regulation, the origin of supplies and materials purchased under this Regulation is defined 
according to the rules of nationality and origin and their derogations, as contained in the 
EC Regulation n°XXXX”. 

•  Article  11  (4)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering  procedures  under  this  Regulation  is  further  defined  according  to  the  rules  of 
nationality and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article 11 (5): The following sentence is added: “In addition to the rules laid down in this 
Regulation,  participation  in  contractual  procedures  implemented  through  an  international 
organisation  or  co-financed  with  a  third  country  is  further  defined  in  the  EC  Regulation 
n°XXXX”. 

(21)  Council  Regulation  (EC)  No  1267/1999  of  21  June  1999  establishing  an 

Instrument for Structural Policies for Pre-Accession34. 

31 
32 
33 
34 

OJ, L 306/1, 7.12.2000 
OJ, L 198/1, 4.8.2000 
OJ, L 12/1, 18.1.2000 
OJ, L 161/73, 26.6.1999 

21 

 
 
  
 
                                                 
•  Article  6a  (1)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering  procedures  under  this  Regulation  is  further  defined  according  to  the  rules  of 
nationality and origin and their derogations, as contained in the EC Regulation n°XXXX”. 

•  Article  6a  (2)  is  complemented  by  the  following  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
further defined in the EC Regulation n°XXXX”. 

(22)  Council  Regulation  (EC)  No  1268/1999  of  21  June  1999  on  Community  support 
for  pre-accession  measures  for  agriculture  and  rural  development  in  the 
applicant countries of Central and Eastern Europe in the pre-accession period35. 

•  Article  3  (3)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering procedures under this Regulation is defined according to the rules of nationality 
and  origin  and  their  derogations  laid  down  herein,  as    well  as  in  the  EC  Regulation 
n°XXXX”. 

(23) 

In  Council  Regulation  (EEC)  No.  1488/96  of  23  July  1996  (MEDA)  on  financial 
and  technical  measures  to  accompany  the  reform  of  economic  and  social 
structures in the framework of the Euro-Mediterranean Partnership36. 

•  Article  8  (1)  is  complemented  by  the  following  “The  eligibility  for  participation  in 
tendering procedures under this Regulation is defined according to the rules of nationality 
and origin and their derogations laid down herein, as well as  in EC Regulation n°XXXX”. 

•  Article  8  (8):  is  complemented  by  the  following  “Participation  in  contractual  procedures 
implemented  through  an  international  organisation  or  co-financed  with  a  third  country  is 
defined in the EC Regulation n°XXXX”. 

(24)  Council  Regulation  (EC)  No  1734/94  of  11  July  1994  on  financial  and  technical 
cooperation with the  Occupied Territories amended by Council Regulation (EC) 
No 2840/98 of 21 December 199837. 

•  Article 2 (4): The following sentence is added: “In addition to the rules laid down herein, 
participation in contractual procedures implemented through an international organisation 
is further defined in the EC Regulation n°XXXX”. 

(25) 

In  Council  Regulation  (EEC)  No  1762/92  of  29  June  1992  (MEDA)  on  the 
implementation of the Protocols on financial and technical cooperation concluded 
by the Community with Mediterranean non-member countries38. 

•  Article 2 (1): The following sentence is added: “In addition to the rules laid down herein, 
participation in contractual procedures implemented through an international organisation 
or co-financed with a third country is further defined in the EC Regulation n°XXXX”. 

35 
36 
37 
38 

OJ, L 331/51, 23.12.1999 
OJ, L 189, 30.07.1996 
OJ, L 182, 16.07.1994 
OJ, L 181, 01.07.1992 

22 

 
 
  
 
                                                 
(26)  Council Regulation (EEC) No 443/92 of 25 February 1992 (ALA) on financial and 
technical assistance to, and economic cooperation with, the developing countries 
in Asia and Latin America39. 

•  Article  9:  The  following  sentence  is  added:  “In  addition  to  the  rules  laid  down  herein, 
participation in contractual procedures implemented through an international organisation 
or co-financed with a third country is further defined in the EC Regulation n°XXXX”. 

•  Article 13 is complemented by the following “In addition to the rules laid down herein, the 
eligibility for participation in tendering procedures under this Regulation is further defined 
according to the rules of nationality and origin and their derogations, as contained in the 
EC Regulation n°XXXX”. 

39 

OJ, L 052, 27.02.1992 

23 

 
 
  
 
                                                 
ANNEX II 

24 

 
 
  
 
ANNEX III 

List of OECD/DAC Members 

Australia,  Austria,  Belgium,  Canada,  Denmark,  European  Commission,  Finland,  France, 
Germany,  Greece,  Ireland,  Italy,  Japan,  Luxembourg,  Netherlands,  New  Zealand,  Norway, 
Portugal, Spain, Sweden, Switzerland, United Kingdom, United States. 

25 

 
 
  
 
ANNEX IV 

Extracts of the 

Recommendation on Untying Official Development Assistance to the Least Developed 
Countries by the Development Assistance Committee of the Organisation for Economic 
Co-operation and Development (OECD/DAC), March 2001 

II. Implementation 

a) Coverage 
7. Untying is a complex process. Different approaches are required for different categories of ODA, 
and actions by Members to implement the Recommendation will vary in coverage and timing. Bearing 
this  in  mind,  DAC  Members  will  untie  their  ODA  to  the  Least  Developed  Countries  to  the  greatest 
extent possible and in accordance with the criteria and procedures set out in this Recommendation: 
i)  DAC  Members  agree  to  untie,  by  1  January  2002,  ODA  to  the  Least  Developed  Countries  in  the 
following areas: balance of payments and structural adjustment support; debt forgiveness; sector and 
multi-sector  programme  assistance;  investment  project  aid;  import  and  commodity  support; 
commercial services contracts, and ODA to Non-Governmental Organisations for procurement related 
activities. 
ii) In respect of investment-related technical co-operation and free standing technical cooperation, it is 
recognised  that  DAC  Members’  policies  may  be  guided  by  the  importance  of  maintaining  a  basic 
sense  of  national  involvement  in  donor  countries  alongside  the  objective  of  calling  upon  partner 
countries’  expertise,  bearing  in  mind  the  objectives  and  principles  of  this  Recommendation.  Free-
standing technical co-operation is excluded from the coverage of the Recommendation. 
iii)  In  respect  of  food  aid,  it  is  recognised  that  DAC  Members’  policies  may  be  guided  by  the 
discussions and agreements in other international fora governing the provision of food aid, bearing in 
mind the objectives and principles of this Recommendation 
8.  This  Recommendation  does  not  apply  to  activities  with  a  value  of  less  than  SDR  700,000  (SDR 
130,000 in the case of investment-related technical co-operation). 

26