PUBLIC - Croatia, the War, and the Future

2. Any procurement procedure relating to operations within the programmes or relating to
major projects referred to in paragraph 1 which, on the date of accession, has already been the
subject of an invitation to tender published in the Official Journal of the European Union shall
be implemented in accordance with the rules laid down in that invitation to tender. The
provisions contained in Article 165 of Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the general budget of the European
Communities 1 shall not apply.
Any procurement procedure relating to operations within the programmes or relating to major
projects referred to in paragraph 1 which, on the date of accession, has not yet been the subject
of an invitation to tender published in the Official Journal of the European Union shall be
implemented in compliance with the provisions of the Treaties or of the acts adopted under the
Treaties as well as in compliance with Article 9 of this Regulation.
Other operations than those referred to in the first and second subparagraphs and for which
calls for proposals were launched in accordance with Article 158 of Commission Regulation
(EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 or
for which applications had been submitted to the competent authorities before the date of
accession, and for which the contracting could only be finalised after that date, shall be
implemented in accordance with the conditions and eligibility rules published in the relevant
call for proposal or those communicated in advance to potential beneficiaries.
3. Payments made by the Commission under programmes referred to in paragraph 1 shall be
considered as a contribution from the Funds under this Regulation and shall be posted to the
earliest open commitment including IPA commitments.
Any part of commitments made by the Commission under programmes referred to in
paragraph 1 still open on the date of accession shall be governed by this Regulation from the
date of accession.
1 OJ L 248, 16.9.2002, p.1.
14509/11 WS/jj 114
ANNEX I DGF 2A / DG K 2 EN