Rules of nationality and origin under European Development Fund (EDF)

• Participation in procedures for the awarding of procurement contracts are open to all natural and legal persons from African, Caribbean and Pacific (ACP) States and Member States of the Union and to international organisations.
  
• Supplies and materials purchased under a procurement contract financed from the Fund must originate in a State that is eligible under the criteria explained above. 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 Union shall include supplies originating in the Overseas Countries and Territories.

Whenever the Fund 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 the criteria explained above and to all natural and legal persons from a country participating in the relevant initiative
• The same rules apply for supplies and materials.

Article 22 of the to the ACP-EC Partnership Agreement signed in Cotonou state that: In exceptional duly substantiated circumstances, natural or legal persons from third countries not eligible under Article 20 (see above) may be authorised to participate in procedures for the awarding of procurement contracts or grants financed by the Union at the justified request of the ACP States concerned.

The ACP States concerned shall, on each occasion, provide the Commission with the information needed to decide on such derogation, with particular attention being given to:

• the geographical location of the ACP State concerned;
• the competitiveness of contractors, suppliers and consultants from the Member States and the ACP States;
• the need to avoid excessive increases in the cost of performance of the contract;
• transport difficulties or delays due to delivery times or other similar problems;
• technology that is the most appropriate and best suited to local conditions;
• cases of extreme urgency;
• the availability of products and services in the relevant markets.

Sources and useful links

• Annex A2 - EC external aid programmes