3.33 STEP 2 Does the rule of nationality apply to experts to be hired by a project? Published 2012/01/26

According to article 7.3.1 of the Grant Contract (Special Conditions) modifying art. 2.1 of Annex II “General Conditions”, the rule of nationality implies that experts to be directly contracted by the Applicant or partners must fulfil the provisions set by this article (reported below).
7.3.1 Article 2.1 shall be replaced as follows:
“[...] Pursuant to Article 21.1 of the Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument, participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of, and legal persons established in, a Member State of the Community, a country that is a beneficiary of this Regulation, a country that is a beneficiary of an Instrument for Pre-Accession Assistance set up by Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA), a Member State of the EEA or international organisations.
Tenderers must state, in the tender, the country of which they are nationals by presenting the usual proof of nationality under their national legislation.......”

The only exception is foreseen in the same article 7.3.1: “This rule does not apply to the experts proposed by service providers taking part in tender procedures or service contracts financed by the grant”.

This means that if the project foresees to subcontract a portion of the activities to service provider (for example to implement the monitoring system), the company must respect the rule of nationality foreseen by article 7.3.2 of the Grant Contract replacing article 2.2 of Annex II “General Conditions” (see question and answer n. 2.12) and therefore it has to be established in the areas mentioned in this article. However the company can have, in its team of expert, persons coming from countries not mentioned in the article (for example a German company that has in the team of expert an American engineer).