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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
64
Annex 2
Mandatory and facultative grounds for exclusion from public procurement according to
Directive 2014/24/EU (article 57, footnotes omitted)
Paragraph
Type
of
ground
1. Contracting authorities shall exclude an economic operator from participation in a
procurement procedure where they have established, by verifying in accordance with
Articles 59, 60 and 61, or are otherwise aware that that economic operator has been
the subject of a conviction by final judgment for one of the following reasons:
a)
participation in a criminal organisation, as defined in Article 2 of Council
Framework Decision 2008/841/JHA;
b)
corruption, as defined in Article 3 of the Convention on the fight against
corruption involving officials of the European Communities or officials of
Member States of the European Union and Article 2(1) of Council Framework
Decision 2003/568/JHA as well as corruption as defined in the national law of
the contracting authority or the economic operator;
c)
fraud within the meaning of Article 1 of the Convention on the protection of the
European Communities’ financial interests;
d)
terrorist offences or offences linked to terrorist activities, as defined in Articles 1
and 3 of Council Framework Decision 2002/475/JHA respectively, or inciting or
aiding or abetting or attempting to commit an offence, as referred to in Article 4
of that Framework Decision;
e)
money laundering or terrorist financing, as defined in Article 1 of Directive
2005/60/EC of the European Parliament and of the Council;
f)
child labour and other forms of trafficking in human beings as defined in Article 2
of Directive 2011/36/EU of the European Parliament and of the Council.
The obligation to exclude an economic operator shall also apply where the person
convicted by final judgment is a member of the administrative, management or
supervisory body of that economic operator or has powers of representation, decision
or control therein.
Mandatory
and
substantive
2. An economic operator shall be excluded from participation in a procurement
procedure where the contracting authority is aware that the economic operator is in
breach of its obligations relating to the payment of taxes or social security
contributions and where this has been established by a judicial or administrative
decision having final and binding effect in accordance with the legal provisions of the
country in which it is established or with those of the Member State of the contracting
authority.
Furthermore, contracting authorities may exclude or may be required by Member
States to exclude from participation in a procurement procedure an economic
operator where the contracting authority can demonstrate by any appropriate means
that the economic operator is in breach of its obligations relating to the payment of
taxes or social security contributions.
This paragraph shall no longer apply when the economic operator has fulfilled its
obligations by paying or entering into a binding arrangement with a view to paying the
taxes or social security contributions due, including, where applicable, any interest
accrued or fines.
Mandatory
and
substantive