Corruption
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Grounds for Rejection: Corruption, participation in a criminal organization, money laundering, fraud, child labor, and other forms of human trafficking. Failure to fulfill obligations to pay social security contributions and taxes.
Participation in a criminal organisation
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Has the supplier itself or a person who is a member of the supplier’s administration, management, or control body, or has the competence to represent, control, or make decisions in such bodies, been convicted by a final judgment for participation in a criminal organization by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Participation in a criminal organization as defined in Article 2 of the Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organized crime (OJ L 300 of 11.11.2008, p. 42).
Money laundering or terrorist financing
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Has the supplier itself or a person who is a member of the supplier’s administration, management, or control body, or has the competence to represent, control, or make decisions in such bodies, been convicted by a final judgment for money laundering or financing of terrorism by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Money laundering or financing of terrorism as defined in Article 1 of the European Parliament and Council Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309 of 25.11.2005, p. 15).
Fraud
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Has the supplier itself or a person who is a member of the supplier’s administration, management, or control body, or has the competence to represent, control, or make decisions in such bodies, been convicted by a final judgment for fraud by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Fraud as referred to in Article 1 of the Convention on the Protection of the European Communities’ Financial Interests (OJ C 316 of 27.11.1995, p. 48).
Child labour and other forms of trafficking in human beings
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Has the supplier itself or a person who is a member of the supplier’s administration, management, or control body, or has the competence to represent, control, or make decisions in such bodies, been convicted by a final judgment for child labor and other forms of human trafficking by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Child labor and other forms of human trafficking as defined in Article 2 of the European Parliament and Council Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101 of 15.4.2011, p. 1).
Payment of social security contributions
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Has the supplier failed to fulfill all its obligations to pay social security contributions both in the country where it is established and in the contracting authority’s member state, if this is a different country from where it is established?
Payment of taxes
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Has the supplier failed to fulfill its obligations to pay taxes and duties in the country where it is established, and in the contracting authority’s member state, if this is a different country from where it is established?
Terrorist offences or offences linked to terrorist activities
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Has the supplier itself or a person who is a member of the supplier’s administration, management, or control body, or has the competence to represent, control, or make decisions in such bodies, been convicted by a final judgment for terrorist acts or criminal acts related to terrorist activity by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Terrorist acts or criminal acts related to terrorist activity as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164 of 22.6.2002, p. 3). This ground for exclusion also includes incitement to, aiding, or attempting to commit such acts as referred to in Article 4 of the said Framework Decision.