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Revision of EDA Procurement Rules and Rules for Financial Contributions from the Operational Budget of the European Defence Agency

Brussels 14 December 2006

The EDA Steering Board

, Having regard to the Council Decision 2004/658/CFSP of 13 September 2004 on the Financial Provisions applicable to the general budget of the European Defence Agency, as amended by Council Decision 2005/821/CFSP of 21 November 2005, which provides, inter alia, that:

“The Steering Board, when reviewing these provisions, should respect the provisions of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts(2), and should also address the issue of contracts to be concluded by the Agency in the fields where Directive 2004/18/EC does not apply and where a Member State may take national measures under Article 296 TEC.” (Whereas (2)); “The Steering Board shall review or amend as necessary these Financial Provisions before 31 December 2006” (Article 1 as amended);

and
considering that it has been accepted to split the existing text of the Financial Provisions into a strict financial and budgetary part on the one side (adopted by the Steering Board on 13 November 2006, Steering Board Decision No. 2006/29), and a procurement part on the other side, in order to better identify each set of rules,

considering as well that, since the Financial Provisions of the EDA are mainly based on the EC directive on public procurement and on the EC institutions’ financial regulations, it would be appropriate for the Steering Board to be empowered by the Council to be authorised on a permanent basis to adapt the “Financial Rules of the EDA” and the “Procurement Rules and Rules on Financial Contributions from the Operational Budget of the EDA” to the same extent as the Financial Regulation applicable to the general budget of the European Communities (Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002) and any amendments or additions thereto, and to this effect, to ask the Council to take a decision in this respect;

Has decided:

1. to replace with effect as from today the existing “Financial Provisions applicable to the general budget of the Agency” (Title III) by the attached “Procurement Rules and Rules on Financial Contributions from the Operational Budget of the European Defence Agency”;
2. to propose to the Council to empower the Steering Board of the EDA on a permanent basis to modify the “Procurement Rules and Rules on Financial Contributions from the Operational Budget of the EDA” to the same extent as the Financial Regulation applicable to the general budget of the European Communities;
3. to direct the Agency to clarify, working with pMS, the mechanisms for deciding:

• the law for contracting under the operational budget;
• the handling of intellectual property rights.