Procurement and contracts
As an EU Agency, we regularly invite tenderers to participate in our public procurements and conclude contracts for goods and services, such as contracting scientific expertise, IT services or hardware for use on our premises.
As a Contracting Authority, under the provisions of the Financial Regulation and of its Implementing Rules that determine our financial operations, we can only enter into or maintain contracts with partners that have market access to the Internal Market of the EU/EEA. We can make exceptions under specific circumstances, only.
To make this evident to potential tenderers, we are already now adding the following clarification to the standard wording of our contract specifications:
“Since the United Kingdom notified on 29 March 2017 its intention to leave the Union, pursuant to Article 50 of the Treaty of the European Union, the Treaties will cease to apply to the United Kingdom from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification, unless the European Council, in agreement with the United Kingdom, decides to extend that period. As a consequence, and without prejudice to any provisions of the withdrawal agreement, bidders and contractors legally established within the UK will no longer have access to the EU market beyond 30 March 2019. ECHA as Contracting Authority reserves its right to terminate such contracts in accordance with the standard clause contained in its contracts on their termination.”