UNIVERSITATEA DE MEDICINĂ ȘI FARMACIE “VICTOR BABEȘ”
DIN TIMIȘOARA
DIRECȚIA GENERAL ADMINISTRATIVĂ
Piața Eftimie Murgu Nr. 2, Timișoara, Cod poștal 300041, Jud. Timiș
Cod Unic de Înregistrare: 4269215
Tel/Fax : 0040-(0)256-204.271
CLARIFICATION No: 1
to the public procurement: Medical equipment
Publication Ref: 5/RORS-9/2017
The Contracting authority brings to the attention of tenderers the following provisions of PRAG - a practical guide, version 2015.0 - 15 July 2015:
2.3. Participation in award procedures, exclusion criteria and other essentials
2.3.1. The rules on nationality and origin
According to these: ”In principle, products supplied under a procurement contract, or in accordance with a grant contract, financed under the EU budget or the EDF (including OCTs) must originate from an eligible country as designated by the relevant Instrument(s).
The term 'origin' is defined in the relevant EU legislation on rules of origin for customs purposes: the Customs Code (Council Regulation (EEC) No 2913/92), and in particular its Articles 22 to 24, and the Code's implementing provisions (Commission Regulation (EEC) No 2454/93).
The country of origin is not necessarily the country from which the goods were shipped and supplied.
Thus, in the case of IPA II 2014-2020 instruments for external action(REGULATION (EU) No 236/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action - CIR- Article 10), participation in the award of procurement contracts, grants and other award procedures for action persons who are effectively established in ns financed under the CIR for IPA II for the benefit of third parties shall be open to all natural persons who are nationals of, and legal persons who are effectively established in, one of the following eligible countries/ territories/beneficiaries:
(a)EU MemberStates(appendix 1)
(b)Beneficiaries listed in the Annex I of the IPA II (appendix 2)
(c)European Economic Area(appendix 3)
(d)Partner countries and territories covered by ENI Instrument(annex I of ENI Intrument) (appendix 11)
countries for which Commission has adopted a decision approving the request for reciprocal accessto external assistance.
APPENDIX 1 : EU MEMBER STATES
Austria, Belgium, Bulgaria, Czech Republic, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
APPENDIX 2 : IPA II beneficiaries
Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, Serbia, Turkey, the former Yugoslav Republic of Macedonia.
* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
APPENDIX 3 : European Economic Area
(only non-EU MS are mentioned) Iceland, Lichtenstein, Norway.
APPENDIX 11 : ENI PARTNER COUNTRIES AND TERRITORIES
Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Republic of Moldova, Morocco, occupied Palestinian territory (oPt), Syria, Tunisia, Ukraine.
When submitting its tenderthe tenderer must state expressly that all the goods meet the requirements concerning origin and must state the country(ies) of origin.
When tendering for systems comprising more than one item, the origin of each item in the system must be specified. The tenderer may be requested to provide documents supporting the stated origin. In this case, the tenderer must provide a certificate of origin or additional information considering that the issuing authority may refuse to issue at tendering stage a certificate of origin without presentation of commercial invoices.
The certificates of origin must be submitted at the latest during implementation of the contract when the certificate of provisional acceptance is requested. Failing this, the contracting authority will not make any further payment to the contractor. Exceptionally, other substantiating documents can be accepted by the contracting authority instead of the aforementioned certificates if the contractor justifies that it is impossible to provide certificates of origin.
Certificates of origin must be issued by the competent authorities of the goods' or supplier's country of origin (usually the Chamber of Commerce) and comply with the international agreements to which that country is a signatory.