Should rules of origin and nationality apply in case of rental of goods or equipment/vehicles?
Yes.
Article 2.3.1. of Practical Guide to Contract procedures for EC external actions (PRAG) states that all supplies and materials purchased under a contract financed under an EU instrument must originate from the EU or from an eligible country (according to the “rule of origin”). Also, the tenderers must be from the EU or from eligible countries (according to “rule of nationality”).
Article 4.1 (PRAG) states that the supply contracts cover the purchase, leasing, rental or hire purchase, with or without option to buy, of products. A contract for the supply of products and, incidentally, for sitting and installation shall be considered a supply contract, the rule of origin and the rule of nationality should apply.
The same provisions are included in the Latvian and Lithuanian public procurement laws.
