ELIGIBILITY ISSUES

1. Is it allowed to involve an external expert in the performance of work (project activities) from outside the Programme area?

Experts from any country may be contracted upon condition that contracts are concluded with the respect to procurement rules defined within the Programme (see section 7.4. of the Guidelines for Applicants and Beneficiaries).

2. Is it possible to implement activities outside the Programme area?

Activities outside Programme area can be implemented in exceptional cases and only provided that they are necessary for achieving the Programme’s objectives and they benefit the Programme area. (see section 1.5. of the Guidelines for Applicants and Beneficiaries).

3. Can the construction of a new building be eligible under the 2nd Call for Proposal?

The requirements on eligibility of costs are listed in the subsections 4.1. and 4.2. of the section 4 “Eligibility of Costs and Project Budget” of the Guidelines for Applicants and Beneficiaries and in the Annex I “Detailed Rules on Eligibility of Expenditure” of the Guidelines for Applicants and Beneficiaries. Non-eligible costs are listed in the sub-section 4.3. “Ineligible Costs” of the Guidelines for Applicants and Beneficiaries. According to the information provided in these sub-sections, costs for construction works of a new building might be considered as eligible, provided they comply with all other eligibility requirements for costs (e.g. are necessary for the project implementation) and activities (i.e. are not related to non-supported activities as listed in the section 2.2. of the Guidelines for Applicants and Beneficiaries).

4. Can technical documents be prepared under the projects?

According to the section 2.2. “Non-supported projects and activities” of the Guidelines for Applicants and Beneficiaries, "projects aimed solely at preparation of feasibility studies and technical documents" are non-supported. This means that preparation of technical documents is not supported by the Programme and costs are not eligible. Any required documentation and permits, e.g. feasibility studies and/ or technical documentation, building permit, if needed for infrastructure development or purchase of equipment during the project, should be submitted together with the application.

5. Is a Lithuanian budgetary organisations eligible as Lead Beneficiary or Beneficiary?

According to the Law on Budgetary Institutions of the Republic of Lithuania No I-1113 of the 5th of December, 1995, the budgetary institution is a public legal person with limited civil liability, performing public or municipal functions and is financed from state or municipal budget allocations, as well as from the State Social Insurance Fund, the compulsory health insurance fund budget and other state monetary funds. Therefore, according to the requirements on eligibility of Lead Beneficiaries and beneficiaries, which are listed in the Guidelines for Applicants and Beneficiaries, sub-section 3.2.2., part 1), point b) this type of organisation can be treated as eligible. However, the final decision on the eligibility of each organisation will be made on case-by-case basis during the eligibility check based on information provided in applications and attached supporting documents to the Grant Application Form.

6. Can the organisation from the adjoining regions be the applicant (lead beneficiary) of the project?

Yes, the applicant (lead beneficiary) can be from eligible area of the Programme, i.e. from both core and adjoining regions. According to the section 3.2. “Eligibility of Beneficiaries”, “in order to be eligible the Lead beneficiary and beneficiaries shall be located (be registered or have a registered operating office) in the eligible area of the Programme”. Please read the section 3.2. of the Guidelines for more detailed information regarding eligibility requirements for lead beneficiary and beneficiaries.

7. Can a religious community be eligible as the Applicant (Lead Beneficiary) and / or a Beneficiary?

The requirements on eligibility of the lead beneficiaries and beneficiaries are listed in the Guidelines for Applicants and Beneficiaries, section 3.2.2. “Eligibility of Lead Beneficiaries and beneficiaries”. The organisation of the type “communities” is listed in the sub-section 1), point c): “Non-state actors (established for the specific purpose of meeting needs for the general interest, not having an industrial or commercial character and having legal personality): [...] local citizens’ groups; communities; public enterprises (in case of Lithuanian beneficiaries only”. However, according to the section 3.2.2., the point 1): any organisation has to have legal personality, and according to the section 5.3. “Submission of the Application”, table 1, points 7 and 8, the organisation shall attach indicated documents of latest accounts for the two previous (for the Lead Beneficiary) or for the last (for the beneficiary) financial years for which the accounts have been closed to the Grant Application Form.

The final decision on eligibility shall be made during administrative compliance and technical eligibility check based on information provided in the Grant Application Form and attached documents. However, according to the section 2.2. “Non-supported projects and activities” of the Guidelines for Applicants and Beneficiaries the “activities of political, ideological or religious nature” are not supported by the Programme. These activities include infrastructure works in the buildings where any religious regular worship activities are held or in the territories of such buildings. 

8. Can a branch office, which operates in the Programme territory, but its headquarters is registered outside the Programme territory, be a beneficiary in the project?

According to the requirements of the Guidelines for Applicants and Beneficiaries (hereinafter – Guidelines) set in the section 3.2.2, the Lead beneficiary and beneficiaries have to be located (be registered or have a registered operating office) in the eligible area of the Programme. Eligibility of organisations or their registered operating offices must be proven by providing a registration certificate or an equivalent document according to the national legislation.

In case a registered operating office, which is located in the Programme eligible area, is not a legal person, its headquarters being a legal person and located outside the Programme eligible area have to be indicated as a Lead beneficiary or as a beneficiary in the Grant Application Form. The headquarters (registered as a legal person) have to submit all documents, referred in section 5.3 of the Guidelines, as well as sign the Grant Application Form, partnership statement.

In order to prove the existence of a registered operating office which is located in the Programme eligible area, the respective Lead beneficiary or (and) beneficiary shall provide documental proofs, e.g. statutes or its establishing regulations where it is explicitly indicated that the headquarters have a registered operating office in the Programme eligible area.

Compliance of the documents with the requirements shall be evaluated according to the national legal acts:

  • Requirements of the Civil Code of the Republic of Lithuania shall be applied for the operating offices, which are registered in Lithuania:
    1. Operating office shall have regulations approved according to the requirements of Art. 2.57;
    2. in line with the Art. 2.66, information about the operating office shall be provided in the register of legal entities (registrucentras.lt);
  • Requirements of the Civil Code of the Russian Federation shall be applied for the operating offices, which are registered in Kaliningrad (Art. 55):
    1. Operating office shall be vested with the property of the legal entity that created it and act on the basis of the regulations approved by this entity;
    2. Operating office must be registered in the unified state register of legal entities (https://egrul.nalog.ru/index.html).

The address of the operating office has to be in the Programme territory and it has to be provided in the regulations of the operating office and / or register of legal entities.