Article 38 › 4

Contracting authorities and contracting entities as referred to in point (a) of Article 7(1) shall exclude an economic operator from participation in a concession award procedure where they have established 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 ( 9 ); (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 ( 10 ) and Article 2(1) of Council Framework Decision 2003/568/JHA ( 11 ), as well as corruption as defined in the national law of the contracting authority or entity or the economic operator; (c) fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests’ ( 12 ); (d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA ( 13 ) respectively, or inciting, 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 ( 14 ); (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 ( 15 ).

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Source: EUR-Lex CELLAR · retrieved 2026-09-04