Organizations whose headquarters are registered and located outside the programme area in actions implemented in the eligible area – but in one of the eight participating countries – may be eligible under the following conditions:
q have local/regional subsidiary/branch offices established in the eligible area:
i. in case of a subsidiary (having legal personality) the subsidiary shall be the Applicant (and in case of contracting, it shall be the Beneficiary) / partner;
ii. in case of a branch (not having legal personality) the central organization shall be the Applicant (and in case of contracting, it shall be the Beneficiary) / partner;
q have no local/regional subsidiary/branch offices established in the eligible area, but are located at central/national/regional level, have exclusive competences in a field of activity and/or geographical area and demonstrate that their areas of legal competences established by legal acts extend to the eligible area of the programme and also the proposed Action is for the full benefit of the eligible area of the programme.
This exception is subject to approval of the JMC in the framework of these Guidelines for Grant Applicants. This exception can only be applied on the basis of a substantial justification showing that the Action cannot be implemented or would have difficulties in achieving its objectives without that Applicant/partner’s participation as mentioned in art. 40(2) of Regulation (EC) No 951/2007. The proposal will be evaluated by the Selection Committee under the technical evaluation stage and it will be up to JMC to decide on the necessity of the involvement of an Applicant/partner located outside the eligible area of the programme and grant the exception.