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ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2<br />

Page 12<br />

<strong>ARTICLE</strong> 3 -<br />

APPLICABILITY<br />

1. These Regulations govern the tender process for the placing of all contracts with the<br />

following exceptions:<br />

a. Purchase orders unless otherwise decided by the Head of the Procurement<br />

Department; and,<br />

b. Cases set under paragraph 2 and 3 below.<br />

2. Articles 21 and 43 of these Regulations do not apply to:<br />

a) contracts for services usually performed by local economic operators,<br />

including building and maintenance of infrastructure, which have no industrial<br />

policy implications;<br />

b) general procurement contracts which have no industrial policy implications;<br />

c) contracts for services for which a public body holds a monopoly;<br />

d) the implementation of arrangements by which the Agency delivers supplies<br />

or renders services to third parties including public bodies when such<br />

arrangements are not the result of an international agreement; and<br />

e) the implementation of international agreements entered into by the Agency<br />

with public bodies (including intergovernmental organisations) that are fully<br />

funding the activities to be procured by the Agency.<br />

3. These Regulations do not apply to Agency staff contracts.

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