ARTICLE 20

1 . ANY SUPPLIER MAY BE EXCLUDED FROM PARTICIPATION IN THE CONTRACT WHO : ( A ) IS BANKRUPT OR IS BEING WOUND UP , WHOSE AFFAIRS ARE BEING ADMINISTERED BY THE COURT , WHO HAS ENTERED INTO AN ARRANGEMENT WITH CREDITORS , WHOSE BUSINESS ACTIVITIES HAVE BEEN SUSPENDED OR WHO IS IN ANY ANALOGOUS SITUATION ARISING FROM A SIMILAR PROCEDURE UNDER NATIONAL LAWS AND REGULATIONS ; ( B ) IS THE SUBJECT OF PROCEEDINGS FOR A DECLARATION OF BANKRUPTCY , FOR AN ORDER FOR COMPULSORY WINDING UP OR ADMINISTRATION BY THE COURT OR FOR AN ARRANGEMENT WITH CREDITORS OR IS THE SUBJECT OF ANY OTHER SIMILAR PROCEEDINGS UNDER NATIONAL LAWS OR REGULATIONS ; ( C ) HAS BEEN CONVICTED OF AN OFFENCE CONCERNING HIS PROFESSIONAL CONDUCT BY A JUDGMENT WHICH HAS THE FORCE OF RES JUDICATA ; ( D ) HAS BEEN GUILTY OF GRAVE PROFESSIONAL MISCONDUCT PROVEN BY ANY MEANS WHICH THE CONTRACTING AUTHORITIES CAN PROVE ; ( E ) HAS NOT FULFILLED OBLIGATIONS RELATING TO THE PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF THE COUNTRY IN WHICH HE IS ESTABLISHED OR THOSE OF THE COUNTRY OF THE CONTRACTING AUTHORITY ; ( F ) HAS NOT FULFILLED OBLIGATIONS RELATING TO THE PAYMENT OF TAXES IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF THE COUNTRY IN WHICH HE IS ESTABLISHED OR THOSE OF THE COUNTRY OF THE CONTRACTING AUTHORITY ; ( G ) IS GUILTY OF SERIOUS MISREPRESENTATION IN SUPPLYING THE INFORMATION REQUIRED UNDER THIS CHAPTER . 2 . WHERE THE CONTRACTING AUTHORITY REQUIRES OF THE SUPPLIER PROOF THAT NONE OF THE CASES QUOTED IN ( A ) , ( B ) , ( C ) , ( E ) OR ( F ) OF PARAGRAPH 1 APPLIES TO HIM , IT SHALL ACCEPT AS SUFFICIENT EVIDENCE : 4 . MEMBER STATES SHALL , WITHIN THE TIME LIMIT LAID DOWN IN ARTICLE 30 DESIGNATE THE AUTHORITIES AND BODIES COMPETENT TO ISSUE THESE DOCUMENTS AND SHALL FORTHWITH INFORM THE OTHER MEMBER STATES AND THE COMMISSION THEREOF . FOR ( A ) , ( B ) OR ( C ) , THE PRODUCTION OF AN EXTRACT FROM THE " JUDICIAL RECORD " OR , FAILING THIS , OF AN EQUIVALENT DOCUMENT ISSUED BY A JUDICIAL OR ADMINISTRATIVE AUTHORITY IN THE COUNTRY OF ORIGIN OR IN THE COUNTRY WHENCE THAT PERSON COMES SHOWING THAT NONE OF THESE CASES APPLIES TO THE SUPPLIER ; FOR ( E ) OR ( F ) , A CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY IN THE MEMBER STATE CONCERNED . 3 . WHERE THE COUNTRY IN QUESTION DOES NOT ISSUE SUCH DOCUMENTS OR CERTIFICATES OR WHERE THESE DO NOT COVER ALL THE CASES QUOTED IN ( A ) , ( B ) OR ( C ) OF PARAGRAPH 1 , THEY MAY BE REPLACED BY A DECLARATION ON OATH MADE BY THE PERSON CONCERNED BEFORE A JUDICIAL OR ADMINISTRATIVE AUTHORITY , A NOTARY OR ANY OTHER COMPETENT AUTHORITY IN THE MEMBER STATE CONCERNED . IN MEMBER STATES WHERE THERE IS NO PROVISION FOR DECLARATION ON OATH IT MAY BE REPLACED BY A SOLEMN DECLARATION . THE COMPETENT AUTHORITY OR NOTARY SHALL ISSUE A CERTIFICATE ATTESTING THE AUTHENTICITY OF THE DECLARATION ON OATH OR SOLEMN DECLARATION .

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.