NGO FPA

Article 6: Specific conditions applying to the Action

Article 6 clarifies the specific conditions that are used either to supplement (i.e. add something to) or to derogate from (i.e. remove something from) the Agreement and the rules applicable to it.

Specific Conditions should be included when the Agreement is initially set up. By way of exception, specific conditions may also be agreed upon between the Partner and DG ECHO after the signature of the Agreement, depending on the circumstances.

If a Specific Grant Agreement sets out specific conditions supplementing or explicitly derogating from the provisions of the Framework Partnership Agreement and its Annexes, those specific conditions shall take precedence over the provisions of the Framework Agreement for the purposes of that Specific Grant Agreement.

Both parties may request the Agreement to be supplemented or the General Conditions or the procurement rules (“Annex III” in case of signatories of the FPA) to be derogated from. At proposal stage such a request must always be explicit and well justified in the Section 11 of the Single Form.


6.1 Either “The following specific conditions shall supplement and have precedence over all other provisions of the Framework Partnership Agreement and its annexes: […].” or “Not applicable.”

Specific conditions supplementing the Agreement refer to cases where one of the Parties wants to add provisions to the Agreement not foreseen in the existing clauses, such as: specific reporting requirements, additional interim reports, additional pre-financing payments, etcetera.

If not relevant, the Article shall indicate “Not applicable”.

6.2 Either “The following specific conditions shall derogate from and have precedence over all other provisions of the Framework Partnership Agreement and its annexes: […] .” or “Not applicable.”

Derogations refer to cases where, for well-founded reasons, a clause forming part of an Agreement or of the rules applicable to the Agreement, such as the General Conditions, should not apply to the particular Agreement, and another rule is to be applied instead.

The need for derogation would normally be known in advance and, therefore, should be requested by the Partner in session 11 of the Single Form and in case granted by DG ECHO when drafting of the initial Agreement.
Examples of derogations to be included in Article 6.2 of the Agreement include: a different exchange rate (in derogation to article 18.5 of the General Conditions);
derogations to the rule of Nationality and Origin (for Actions financed through the European Development Fund).

The Partner can derogate from its own rules provided it follows its own internal derogation/waiver process, without needed to seek DG ECHO’s permission/approval.

If not relevant, the Article shall indicate “Not applicable”.

6.3 Either [“The rules applicable to urgent actions provided for in Article 3(5)(g) of Annex III of the Framework Partnership Agreement shall apply to this Agreement.”] or [“Not applicable.”]

According to the modular approach, in case of Urgent Action the Partners are invited to use a simplified Single Form available through a function in APPEL.
On the basis of this article, the nature of Urgent Action will allow the Partners to apply, in addition to their internal procedures on exceptions, procurement procedures based on a single offer.

If not relevant, the Article shall indicate “Not applicable”.


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