S.L. 601.3 Art. 192Exclusion on grounds of conviction.

(1) The authority responsible for the tendering process shall exclude an economic operator from participation in a procurement procedure where it has established or is otherwise made aware that such an economic operator has been the subject of a conviction by final judgment having the nature of a res judicata for one of the following reasons:

(a) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/ JHA or an equivalent offence under Maltese law or as defined in the national law of the economic operator;

(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 and Article 2(1) of Council Framework Decision 2003/568/JHA or an equivalent offence under Maltese law or as defined in the national law of the economic operator;

(c) fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests or an equivalent offence under Maltese law or as defined in the national law of the economic operator;

(d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA respectively, or inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision or an equivalent offence under Maltese law or as defined in the national law of the economic operator;

(e) money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council or an equivalent offence under Maltese law or as defined in the national law of the economic operator;

(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 or an equivalent offence under Maltese law or as defined in the national law of the economic operator.

(2) The exclusion of the economic operator shall also operate and apply where the person convicted by final judgment is a member of the administrative, management or supervisory body of that economic operator or has powers of representation, decision or control therein.

(3) Without prejudice to the possibility mentioned in regulation 195, the period of exclusion for the grounds identified under this regulation shall be of five years starting from the date when the judgment has become final.