Certificates issued on the eligibility of tenderers

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Certificates issued on the eligibility of tenderers

Message par Frédéric » 14 févr. 2008, 15:27

Certificates issued on the eligibility of tenderers and official lists of economic operators

Pursuant to Art. 45(2) of Directive 2004/18/EC candidates or tenderers may be excluded from the award procedure for reasons such as being bankrupt, having been convicted of an offence concerning professional misconduct, not having paid taxes or not having contributed to social security systems. The exclusion of tenderers who have been subject of a conviction for an offence referred to in Article 45(1) is even mandatory. This Article is referred to under Art. 54 (4) of Directive 2004/17/EC.

Pursuant to Article 45, a candidate or tenderer having to prove his eligibility has to submit relevant certificates or, if no such certificates are issued, a declaration on oath or a solemn declaration made before a competent body. In this context, the Directive requires Member States to inform the Commission about the authorities and bodies designated to issue such documents.

Furthermore, pursuant to Art. 52 of the Directive 2004/18/EC Member States may introduce official lists of approved economic operators (contractors, suppliers or service providers) or certification by certification bodies under Art. 52 of the Directive 2004/18/EC. Under Art. 52 (8), Member States are obliged to inform the Commission of the address of the body to which applications should be sent.

In order to facilitate access to this information, the Commission Services designed a questionnaire. The completed questionnaires can be downloaded below.

By downloading the questionnaire of the Member State where the candidate or tenderer is based, the contracting authority can verify what kind of document a candidate or tenderer can submit and which institution issues such document. Therefore, this publication is a useful tool for contracting authorities that have to verify the eligibility of a candidate or tenderer based in another country. The risk of unjustified exclusions of candidates or tenderers will be reduced.

We would like to draw attention to the fact that the questionnaires distinguish between certificates for natural persons, legal persons and public entities. Some countries have provided model certificates and other relevant information.

The questionnaires have been completed by the respective countries without further editing of the Commission services. They may not, in any circumstances, be interpreted as stating an official position of the European Commission.

Even though all care has been taken to ensure an accurate publication, the European Commission does not guarantee the accuracy of the information nor does it accept any responsibility for any use thereof.

Reference to any specific document or procedure under national law does not constitute or imply its endorsement, recommendation, or favouring by the European Commission.

Updates, amendments and supplements should be sent to markt-pp-certificates@ec.europa.eu.

Questions regarding the content of the completed questionnaires should be sent directly to the contact person indicated in each questionnaire.

Click here for the downloads ...
Frédéric Nuyts
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