For UK candidates or tenderers: Please be aware that following the entry into force of the  EU-UK Withdrawal Agreement* on 1 February 2020 and in particular Articles 127(6), 137  and 138, the references to natural or legal persons residing or established in a Member  State of the European Union and to goods originating from an eligible country, as defined  under Regulation (EU) No 236/2014** and Annex IV of the ACP-EU Partnership  Agreement***, are to be understood as including natural or legal persons residing or  established in, and to goods originating from, the United Kingdom ****. Those persons  and goods are therefore eligible under this call. * Agreement on the withdrawal of the United Kingdom of Great Britain and Northern  Ireland from the European Union and the European Atomic Energy Community.  ** 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.  *** Annex IV to the ACP-EU Partnership Agreement, as revised by Decision 1/2014 of the  ACP-EU Council of Ministers (OJ L196/40, 3.7.2014)  **** including the Overseas Countries and Territories having special relations with the  United Kingdom, as laid down in Part Four and Annex II of the TFEU  $^{3}$ See PRAG Section 2.6.10.1.3 A)  August 2020 c4b_itt_en.doc  Page 4 of 17  3.4  Natural or legal persons are not entitled to participate in this tender procedure or be awarded  a contract if they are in any of the situations mentioned in Sections 2.4. (EU restrictive  measures), 2.6.10.1. (exclusion criteria) or 2.6.10.1.2. (rejection from a procedure) of the  practical guide. Should they do so, their tender will be considered unsuitable or irregular  respectively. In the cases listed in Section 2.6.10.1. of the practical guide tenderers may also  be excluded from EU financed procedures and be subject to financial penalties up to 10 % of  the total value of the contract in accordance with the Financial Regulation in force. This  information may be published on the Commission website in accordance with the Financial  Regulation in force. Tenderers must provide declarations on honour$^{3}$ that they are not in any  of these exclusion situations. Such declarations must also be submitted by all the members of  a joint venture/consortium, by any sub-contractor and by any capacity providing entities.  Tenderers who make false declarations may also incur financial penalties and exclusion in  accordance with the Financial Regulation in force. Their tender will be considered irregular.  3.3  The eligibility requirement detailed in subclauses 3.1 and 3.2 applies to all members of a  joint venture/consortium and all subcontractors, as well as to all entities upon whose capacity  the tenderer relies for the selection criteria. Every tenderer, member of a joint  venture/consortium, every capacity-providing entity, every subcontractor must certify that  they meet these conditions. They must prove their eligibility by a document dated less than  one year earlier than the deadline for submitting tenders, drawn up in accordance with their  national law or practice or by copies of the original documents stating the constitution and/or  legal status and the place of registration and/or statutory seat and, if it is different, the place  of central administration. The contracting authority may accept other satisfactory evidence  that these conditions are met.  3.2  These terms refer to all nationals of the above states and to all legal entities, companies or  partnerships effectively established in the above states. For the purposes of proving  compliance with this rule, tenderers being legal persons, must present the documents  required under that country’s law.  The exclusion situations referred to above also apply to all members of a joint  venture/consortium, all subcontractors and all suppliers to tenderers, as well as to all entities  upon whose capacity the tenderer relies for the selection criteria. In cases of doubt over  declarations, the contracting authority will request documentary evidence that subcontractors  and/or capacity providing entities are not in a situation that excludes them. 