If both parties agree to apply a provision already mentioned in the rules governing the Agreement, then obviously no formal amendment is needed.
In case the Partner requests an explicit confirmation for having legal security, DG ECHO will examine the justification of the request and give its opinion to the Partner in a confirmation reply. The confirmation reply is legally binding for both parties and does not constitute a formal amendment. It is important that the subject of the request is clear and unequivocal. The reply from DG ECHO will be made at the level of Head of Unit.
Subsequent changes in circumstances and/or new elements shall be promptly notified by the Partner to DG ECHO in order to allow DG ECHO to assess whether the Confirmation Reply remains valid. Confirmation replies are a facility offered to the Partners, on initiative of the Partner, and are thus optional for them.
Example: The confirmation reply will be used, for instance, when the Partner would like to have the explicit confirmation from DG ECHO that the suspension period can be longer than 1/3 of the implementation period. Another example would be, if, for an Agreement with A-control mechanism, a Partner wishes to obtain confirmation from DG ECHO that a single bid procedure can be used in cases foreseen in the procurement rules (“Annex IV” in case of signatories of the FPA).
References and useful links