ANNEX 2 – DECLARATION OF HONOUR REGARDING EXCLUSION CRITERIA
ESS ref.: Catia responsible/ application specialist, OCT-2015-180103001-001
(a) Grounds for mandatory exclusion
The undersigned confirms that, to the best of his/her knowledge, [the organisation’s
name] or its directors or any other person who has powers of representation, decision or
control of the named organisation has not been convicted of any of the following
offences:
I.
participation in a criminal organisation, as defined in Article 2(1) of Council Joint
Action 98/733/JHA;
II.
corruption, as defined in Article 3 of the Council Act of 26 May 1997(2) and
Article 3(1) of Council Joint Action 98/742/JHA respectively;
III.
fraud within the meaning of Article 1 of the Convention relating to the protection
of the financial interests of the European Communities;
IV.
money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10
June 1991 on prevention of the use of the financial system for the purpose of
money laundering.
(b) Discretionary grounds for exclusion
The undersigned confirms that, to the best of his/her knowledge, that [the
organisation’s name] is not in any of the following situations:
I.
is bankrupt or is being wound up, where his affairs are being administered by the
court, where he has entered into an arrangement with creditors, where he has
suspended business activities or is in any analogous situation arising from a
similar procedure under national laws and regulations;
II.
is the subject of proceedings for a declaration of bankruptcy, for an order for
compulsory winding up or administration by the court or of an arrangement with
creditors or of any other similar proceedings under national laws and regulations;
III.
has been convicted by a judgment which has the force of res judicata in
accordance with the legal provisions of the country of any offence concerning his
professional conduct;
IV.
has been guilty of grave professional misconduct proven by any means which the
contracting authorities can demonstrate;
V.
has not fulfilled obligations relating to the payment of social security
contributions in accordance with the legal provisions of the country in which he is
established or with those of the country of the contracting authority;
VI.
has not fulfilled obligations relating to the payment of taxes in accordance with
the legal provisions of the country in which he is established or with those of the
country of the contracting authority;
VII.
is guilty of serious misrepresentation in supplying the information required under
this Section or has not supplied such information.
(c) Other grounds for exclusion
The undersigned confirms that, to the best of his/her knowledge, that [the
organisation’s name]:
I.
has no conflict of interest in connection with the contract; a conflict of interest
could arise in particular as a result of economic interests, political or national
affinity, family, emotional life or any other shared interest;
II.
will inform ESS, without delay, of any situation considered a conflict of interest or
which could give rise to a conflict of interest;
III.
has not granted and will not grant, has not sought and will not seek, has not
attempted and will not attempt to obtain, and has not accepted and will not
accept any advantage, financial or in kind, to or from any party whatsoever,
where such advantage constitutes an illegal practice or involves corruption,
either directly or indirectly, inasmuch as it is an incentive or reward relating to
award of the contract;
IV.
provided accurate, sincere and complete information to ESS within the context of
this procurement procedure;
Organisation’s name
and VAT registration
number
Date and signature of
the authorised
representative
Full name and position
of the authorised
representative