Common use of National Authorising Officer Clause in Contracts

National Authorising Officer. 1. The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the Fund resources managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the National Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising Officer shall inform the Commission of any such delegation. When the Commission becomes aware of problems in carrying out procedures relating to management of Fund resources, it shall, in conjunction with the National Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The National Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him. Where Fund resources are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the National Authorising Officer shall: (a) be responsible for the coordination, programming, regular monitoring and annual, mid-term and end-of-term reviews of implementation of cooperation, and for coordination with donors; (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects; (c) prepare tender dossiers and, where appropriate, the documents for calls for proposals; (d) submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals; (e) in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals; (f) receive tenders and, if applicable, proposals, and transmit copies of tenders to the Commission; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts; (g) invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination of tenders and proposals for approval of the proposals for the award of contracts and grants; (h) submit contracts and programme estimates and any addenda thereto to the Commission for approval; (i) sign the contracts and addenda thereto approved by the Commission; (j) clear and authorise expenditure within the limits of the funds assigned to him; and (k) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint. 2. The National Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on: (a) technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement; (b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds; (c) imposition or remission of penalties for delay; (d) acts discharging guarantors; (e) purchase of goods, irrespective of their origin, on the local market; (f) use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States; (g) subcontracting; (h) final acceptance, provided that the Commission is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and (i) hiring of consultants and other technical assistance experts."; (y) Article 36 shall be replaced by the following:

National Authorising Officer. 1. The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the Fund resources managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the National Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising Officer shall inform the Commission of any such delegation. When the Commission becomes aware of problems in carrying out procedures relating to management of Fund resources, it shall, in conjunction with the National Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The National Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him. Where Fund resources are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the National Authorising Officer shall: (a) be responsible for the coordination, programming, regular monitoring and annual, mid-term and end-of-term reviews of implementation of cooperation, and for coordination with donors; (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects; (c) prepare tender dossiers and, where appropriate, the documents for calls for proposals; (d) submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals; (e) in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals; (f) receive tenders and, if applicable, proposals, and transmit copies of tenders to the Commission; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts; (g) invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination of tenders and proposals for approval of the proposals for the award of contracts and grants; (h) submit contracts and programme estimates and any addenda thereto to the Commission for approval; (i) sign the contracts and addenda thereto approved by the Commission; (j) clear and authorise expenditure within the limits of the funds assigned to him; and (k) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint. 2. The National Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on: (a) technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement; (b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds; (c) imposition or remission of penalties for delay; (d) acts discharging guarantors; (e) purchase of goods, irrespective of their origin, on the local market; (f) use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States; (g) subcontracting; (h) final acceptance, provided that the Commission is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and (i) hiring of consultants and other technical assistance experts."’; (y) Article 36 shall be replaced by the following:: ‘Article 36

National Authorising Officer. 1. The Government of each ACP aCP State shall appoint a National Authorising authorising Officer to represent it in all operations financed from the Fund resources managed by the Commission and the Bank. The National Authorising authorising Officer shall appoint one or more deputy National Authorising authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management manage- ment are met, the National Authorising authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising authorising Officer shall inform the Commission of any such delegation. When the Commission becomes aware of problems in carrying out procedures relating to management of Fund resources, it shall, in conjunction with the National Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The National Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him. Where Fund resources are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the National Authorising Officer shall: (a) be responsible for the coordination, programming, regular monitoring and annual, mid-term and end-of-term reviews of implementation of cooperation, and for coordination with donors; (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects; (c) prepare tender dossiers and, where appropriate, the documents for calls for proposals; (d) submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals;the (e) in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals; (f) receive tenders and, if applicable, proposals, and transmit copies of tenders to the CommissionCommis- sion; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts; (g) invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination examina- tion of tenders and proposals for approval of the proposals for the award of contracts and grants; (h) submit contracts and programme estimates Commission of any such delegation. When the Commission becomes aware of problems in carrying out procedures relating to management of Fund resources, it shall, in conjunction with the National authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. and any addenda thereto to the Commission for approval; (i) sign the contracts and addenda thereto approved by the Commission; (j) clear and authorise expenditure within the limits of the funds assigned to him; andand The National authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him. Where Fund resources are managed in a decen- tralised way and subject to any additional powers that might be granted by the Commission, the National authorising Officer shall: (a) be responsible for the coordination, program- ming, regular monitoring and annual, mid- term and end-of-term reviews of implementa- tion of cooperation, and for coordination with donors; (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects; (k) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint. 2. The National Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on: (a) technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement; (b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds; (c) imposition or remission of penalties for delay; (d) acts discharging guarantors; (e) purchase of goods, irrespective of their origin, on the local market; (f) use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States; (g) subcontracting; (h) final acceptance, provided that the Commission is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and (i) hiring of consultants and other technical assistance experts."; (y) Article 36 shall be replaced by the following:

National Authorising Officer. 1. The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the Fund resources managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management manage- ment are met, the National Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising Officer shall inform the Commission of any such delegation. When the Commission becomes aware of problems in carrying out procedures relating to management of Fund resources, it shall, in conjunction with the National Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The National Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him. Where Fund resources are managed in a decentralised decen- tralised way and subject to any additional powers that might be granted by the Commission, the National Authorising Officer shall: (a) be responsible for the coordination, programmingprogram- ming, regular monitoring and annual, mid-mid- term and end-of-term reviews of implementation implementa- tion of cooperation, and for coordination with donors; (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects; (c) prepare tender dossiers and, where appropriateappropri- ate, the documents for calls for proposals; (d) submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals; (e) in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals; (f) receive tenders and, if applicable, proposals, and transmit copies of tenders to the CommissionCommis- sion; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts; (g) invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination examina- tion of tenders and proposals for approval of the proposals for the award of contracts and grants; (h) submit contracts and programme estimates and any addenda thereto to the Commission for approval; (i) sign the contracts and addenda thereto approved by the Commission; (j) clear and authorise expenditure within the limits of the funds assigned to him; and (k) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint. 2. The National Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on: (a) technical adjustments and alterations to programmes pro- grammes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement; (b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds; (c) imposition or remission of penalties for delay; (d) acts discharging guarantors; (e) purchase of goods, irrespective of their origin, on the local market; (f) use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States; (g) subcontracting; (h) final acceptance, provided that the Commission Commis- sion is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and (i) hiring of consultants and other technical assistance experts."’; (y) Article 36 shall be replaced by the following: