EC programmes

Part 1 Regulations concerning external assistance

Action financed under Instruments for external actions 2007-2013 for which the CIR does
not apply:

As from its date of publication, 15 March 2014, the rules of eligibility (nationality and origin)
laid down in the CIR are applicable to all calls financed under the Budget wither financed
under MFF 2007-2013 or 2014-2020, with the exception of calls funded under IPA I and unless
the applicable financing decisions or financing agreements expressly set out other rules (other
than the standard reference to the basic act). This also applies to procurement by grant
beneficiaries or other contractors1. For these calls you will find below the relevant legal bases
applicable.

a) Financing instrument for development cooperation (Regulation (EC) N° 1905/2006 of the

EP and of the Council - OJ L378/65 of 27.12.2006);

b) European Neighbourhood and Partnership instrument (Regulation (EC) N° 1638/2006 of

the EP and of the Council - OJ L 310/1 of 9.11.2006);

c) Stability instrument (Regulation (EC) N° 1717/2006 of the EP and of the Council –

OJ L 327/1 of 24.11.2006);

d) Instrument for Pre-Accession Assistance (Council Regulation (EC) N° 1085/2006 –

OJ L 210/82 of 31.7.2006);

e) Financing instrument for the promotion of democracy and human rights worldwide
(Regulation (EC) N° 1889/2006 of the EP and of the Council - OJ L 386/1 of 29.12.2006);

f) Financing instrument for cooperation with industrialized and other high-income countries
and territories (Council Regulation (EC) N° 1934/2006 - OJ L 405/41 of 30.12.2006);

g) Instrument for nuclear safety cooperation (EC) N° 300/2007 - OJ L 81/1 of 22.03.2007).

o These new instruments are applicable for the period from 01.01.2007 until 31.12.2013.

o Each of them integrates the content of the untying regulations (December 2005), which are
replaced by the new instruments, according to the respective geographical scope of the fields of
cooperation covered.

o The legal framework of the 10th EDF, is the following:

- the Internal Agreement with respect to the financial framework applicable for the period
2008 – 2013 (OJ L 247/32 of 09.09.2006);
- the Council Regulation (EC)617/2007 of 14th of May 2007 on the implementation of the
10th EDF under the ACP-CE Partnership Agreement (OJ L 152/1 of 13.06.2007)
- the Financial Regulation applicable to the 10 th EDF, adopted by the Council Regulation
no. 215/2008 (OJ L78 of 19th of March, 2008).

1
A standard notification of the new rules will be prepared.
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Instruments for external actions which came into force before 2007:

The European Community adopted regulations on the access to EC external assistance that established
an unprecedented level of untying for actions financed from the general budget. Those regulations
entered into force on 28.12.2005 and modified the instruments with a thematic and geographical scope
(see thematic fiche in archive).

Untying regulations:

– Regulation (EC) No 2110/2005 of the European Parliament and of the Council of 14 December
2005 on access to Community external assistance.

– Council Regulation (EC) No 2112/2005 of 21 November 2005 on access to Community

external assistance.

Community instruments with thematic scope

(1) Regulation (EC) 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 countries2, modified by Regulation of the European Parliament and of the
Council on access to Community external assistance.

(2) Regulation (EC) No 1567/2003 of the European Parliament and of the Council of

15 July 2003 on aid for policies and actions on reproductive and sexual health and rights in
developing countries3, modified by Regulation of the European Parliament and of the
Council on access to Community external assistance.

(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 countries 4,
modified by Regulation of the European Parliament and of the Council on access to
Community external assistance.

(4) 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 countries 5, modified by Regulation of
the European Parliament and of the Council on access to Community external assistance.

(5) 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 countries 6, modified by Regulation of the
European Parliament and of the Council on access to Community external assistance.

(6) Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for
the implementation of development cooperation operations 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 freedoms 7, modified by Regulation of the
European Parliament and of the Council on access to Community external assistance.

2
OJ L 224, 6.9.2003, p. 7.
3
OJ L 224, 6.9.2003, p. 1.
4
OJ L 234, 1.9.2001, p. 1.
5
OJ L 288, 15.11.2000, p. 1.
6
OJ L 288, 15.11.2000, p. 6.
7
OJ L 120, 8.5.1999, p. 1. Regulation as last amended by Regulation (EC) No 2240/2004 of the European
Parliament and of the Council (OJ L 390, 31.12.2004, p. 3).
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(7) Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating of gender issues
in development cooperation8, modified by Regulation of the European Parliament and of the
Council on access to Community external assistance.

(8) Council Regulation (EC) No 1658/98 of 17 July 1998 on co-financing operations with

European non-governmental development organisations (NGOs) in fields of interest to the
developing countries9, modified by Regulation of the European Parliament and of the
Council on access to Community external assistance.

(9) Council Regulation (EC) No 2046/97 of 13 October 1997 on north-south cooperation in the

campaign against drugs and drug addiction 10, modified by Regulation of the European
Parliament and of the Council on access to Community external assistance.

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

reconstruction operations in developing countries 11, modified by Regulation of the European
Parliament and of the Council on access to Community external assistance.

(11) Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid
management and special operations in support of food security 12, modified by Regulation of
the European Parliament and of the Council on access to Community external assistance.

(12) Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-
personnel landmines in third countries other than developing countries 13, modified by
Regulation of the Council on access to Community external assistance.

(13) 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 countries 14, modified by
Regulation of the Council on access to Community external assistance.

Instruments with a geographical scope:

(1) 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 Turkey15, modified by Regulation of the European Parliament and
of the Council on access to Community external assistance.

(2) 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
countries16, modified by Regulation of the European Parliament and of the Council on access
to Community external assistance.

8
OJ L 354, 30.12.1998, p. 5. Regulation as amended by Regulation (EC) No 1882/2003.
9
OJ L 213, 30.7.1998, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.
10
OJ L 287, 21.10.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.
11
OJ L 306, 28.11.1996, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.
12
OJ L 166, 5.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.
13
Official Journal L 234, 1.9.2001, p. 6.
14
OJ L 120, 8.5.1999, p. 8. Regulation as last amended by Regulation n° 2242/2004 (OJ L 390, 31.12.2004,
p. 21).
15
OJ L 39, 9.2.2001, p. 1.
16
OJ L 287, 31.10.2001, p. 3. Regulation as amended by Regulation (EC) No 107/2005 (OJ L 23, 26.1.2005,
p. 1).
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(3) Regulation (EC) No 1726/2000 of the European Parliament and of the Council of
29 June 2000 on development cooperation with South Africa 17, modified by Regulation of
the European Parliament and of the Council on access to Community external assistance.

(4) Council Regulation (EC) No 1734/94 of 11 July 1994 on financial and technical cooperation
with the West Bank and the Gaza Strip 18, modified by Regulation of the European
Parliament and of the Council on access to Community external assistance.

(5) Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre accession
financial assistance for Turkey 19, modified by Regulation of the Council on access to
Community external assistance.

(6) 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 20,
modified by Regulation of the Council on access to Community external assistance.

(7) Council Regulation (EC, EURATOM) No 99/2000 of 29 December 1999 (TACIS)

concerning the provision of assistance to the partner States in Eastern Europe and Central
Asia21, modified by Regulation of the Council on access to Community external assistance.

(8) Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for
Structural Policies for Pre-accession 22, modified by Regulation of the Council on access to
Community external assistance.

(9) 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 period 23, modified by Regulation of the
Council on access to Community external assistance.

(10) Council Regulation (EEC) No 1488/96 of 23 July 1996 on financial and technical measures
to accompany (MEDA) the reform of economic and social structures in the framework of the
Euro-Mediterranean partnership24, modified by Regulation of the Council on access to
Community external assistance.

(11) 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 countries25, modified by Regulation of the Council on access to
Community external assistance.

(12) 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
America26, modified by Regulation of the Council on access to Community external
assistance.

17
OJ L 198, 4.8.2000, p. 1. Regulation as amended by Regulation (EC) No 1934/2004 (OJ L 338, 13.11.2004,
p. 1).
18
OJ L 182, 16.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 669/2004 of the European
Parliament and of the Council (OJ L 105, 14.4.2004. p. 1).
19
OJ L 342, 27.12.2001, p. 1 as last amended by Regulation (EC) N° 850/2005 (OJ L 141, 4.6.2005, p. 1).
20
OJ L 306 7.12.2004, p. 1 as last amended by Regulation (EC) N° 2257/2004 (OJ L 389, 30.12.2004, p. 1).
21
OJ L 12 18.1.2000, p. 1.
22
OJ L 161 26.6.1999, p. 73, as last amended by Regulation (EC) N° 2257/2004.
23
OJ L 161 26.6.1999, p. 87, as last amended by Regulation (EC) N° 2257/2004.
24
OJ L 189 30.7.1996, as last amended by Regulation (EC) N° 2698/2000 (OJ L 311, 12.12.2000, p. 1).
25
OJ L 181 1.7.1992, p. 1.
26
OJ L 52 27.2.1992,p. 1, as last amended by Regulation (EC) N° 807/2003 (OJ L 122, 16.5.2003, p. 36).
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Part 2 Development Assistance Committee List of Aid Recipients

DAC list applicable to instruments for external actions which came into force before 2007:

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DAC list applicable to the instrument for development cooperation (DCI) (Regulation
(EC) N°1905/2006 of the EP and of the Council - OJ L378/65 of 27.12.2006):

JL, Pools: Please replace

"DAC" with "Development
Assistance Committee"

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Part 3 EDF/ACP STATES

10th EDF/ACP STATES27:

Africa:

South Africa,28 Angola, Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Cameroon,
Cape Verde, Chad, Comoros Islands, Congo, Côte d'Ivoire, Democratic Republic of the Congo,
Djibouti, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Equatorial Guinea, Kenya,
Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mauritania, Mozambique, Namibia, Niger,
Nigeria, Uganda, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan,
Swaziland, Tanzania, Togo, Zambia and Zimbabwe.

Caribbean:

Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana,
Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Surinam, Trinidad
and Tobago.

Pacific:

Cook Islands, East Timor, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru, Niue, Palau, Papua New
Guinea, the Solomon Islands, Western Samoa, Tonga, Tuvalu, Vanuatu.

Overseas countries and territories:

Anguilla, the Antarctic, the Netherlands Antilles, Aruba, British Indian Ocean Territory, British Virgin
Islands, Cayman Islands, Falkland Islands (Malvinas), French Polynesia, French Southern Territories,
Greenland, Mayotte, Montserrat, New Caledonia, Pitcairn, Saint Helena, Saint-Pierre-et-Miquelon,
South Georgia and South Sandwich Islands, Turks and Caicos, Wallis and Futuna Islands.

27
Cotonou Partnership Agreement of 23 June 2000 (as amended by the provisional application of Decision No
1/2000 of the ACP-EC Council of Ministers of 27 July 2000, Decision No 1/2000 of the ACP-EC customs
cooperation committee of 18 October 2000, Decision No 1/2001 of the ACP-EC customs cooperation
committee of 20 April 2001, Decision No 2/2001 of the ACP-EC customs cooperation committee of 20 April
2001, Decision No 3/2001 of the ACP-EC customs cooperation committee of 10 May 2001, Decision No
4/2001 of the ACP-EC customs cooperation committee of 27 June 2001, Decision No 5/2001 of the ACP-EC
customs cooperation committee of 7 December 2001, Decision No 2/2002 of the ACP-EC customs cooperation
committee of 28 October 2002, Decision No 1/2003 of the ACP-EC Council of Ministers of 16 may 2003,
Council Decision (EC) of 19 December 2002, Decision No 1/2004 of the ACP-EC Council of Ministers of 6
may 2004, Decision No 2/2004 of the ACP-EC customs cooperation committee of 30 June 2004 and Decision
No 4/2005 of the ACP-EC customs cooperation committee of 13 April 2005).
28
Natural and legal South-African persons are eligible to participate in contracts financed by the 10th EDF.
However, the 10th EDF does not finance contracts in South Africa.
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NATIONALITY AND ORIGIN RULES AND ELIGIBLE AND NON ELIGIBLE COSTS
FOR THE EUROPEAN DEVELOPMENT FUND

Annex IV to the ACP-EC Partnership Agreement signed in Cotonou (Articles 20 and 22)

 Nationality and origin rules29 :

Article 20: Eligibility

Save where a derogation is granted in accordance with Article 22, and without prejudice to
Article 26:

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:

a) all natural persons who are nationals of, or legal persons who are established in, an
ACP State, a Member State of the European Community, an official candidate
country of the European Community or a Member State of the European Economic
Area;

b) all natural persons who are nationals of, or legal persons who are established in, a
Least Developed Country as defined by the United Nations.

1.a 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 established in, any
country other than those referred to in paragraph 1, where reciprocal access to external
assistance has been established. Reciprocal access in the Least Developed Countries as
defined by the United Nations shall be automatically granted to the OECD/DAC
members.

Reciprocal access shall be established by means of a specific Commission decision

concerning a given country or a given regional group of countries. The decision shall be
adopted by the Commission in agreement with the ACP States and shall be in force for
a minimum period of one year.

2. Services under a contract financed from the multi-annual financial framework of

cooperation under this Agreement may be provided by experts of any nationality,
without prejudice to the qualitative and financial requirements set out in the
Community’s procurement rules.

3. Supplies and materials purchased under a contract financed from the multi-annual
financial framework of cooperation under this Agreement must originate in a State that
is eligible under paragraphs 1 or 1a. 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.

4. 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 international organisations.

29
The term "European Union Member States" refers to all 27 Member States.
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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 paragraphs 1 or 1a, 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. 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 paragraphs 1 or 1a, and to all natural
and legal persons from a country participating in the relevant initiative. The same rules
apply for supplies and materials.

7. Whenever the multi-annual financial framework of cooperation under this Agreement

finances an operation co-financed with a third State, participation in procedures for the
awarding of procurement contracts or grants shall be open to all natural and legal
persons eligible under paragraphs 1 or 1a, and to all persons eligible under the rules of
the above mentioned third State. The same rules apply for supplies and materials.

Article 22: Derogations

1. In exceptional duly substantiated circumstances, natural or legal persons 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 multi-annual financial framework of cooperation under this Agreement at the
justified request of the ACP State or the relevant organisation or body at regional or
intra-ACP level. 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, with particular attention being given to:

a) the geographical location of the ACP State or region concerned;

b) the competitiveness of contractors, suppliers and consultants from the Member

States and the ACP States;

c) the need to avoid excessive increases in the cost of performance of the contract;

d) transport difficulties or delays due to delivery times or other similar problems;

e) technology that is the most appropriate and best suited to local conditions;

f) cases of extreme urgency;

g) the availability of products and services in the relevant markets.

2. In the case of projects financed from the Investment Facility, the procurement rules of
the Bank shall apply.

 Eligible and non eligible costs :

 No specific provision

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