11 Jul Workshop: ‘Mandatory and optional grounds for exclusion of economic operators. Reliance of economic operators on capacities of third parties’

Belgrade, 10 July 2018 – The Project organized a workshop for the employees of the Public Procurement Office, titled “Mandatory and optional grounds for exclusion of economic operators. Reliance of economic operators on capacities of third parties”.

This event was another from the series of workshops planned in accordance with the Training Plan developed by the Project.

The workshop was attended by representatives of the PPO. The speakers at the workshop were key experts of the Project: Ms Teja Kolar and Dariusz Piasta.

The speakers presented and explained, first, the provisions of the EU Directive on public procurement (Public Sector Directive 2014/14/EU) related to both mandatory and optional grounds for exclusion from public procurement procedures of economic operators. Particular emphasis was put on provisions related to non-fulfillment of obligations related to payment of taxes and social contribution, infringement of rules related to protection of environment, work conditions, grave professional misconduct, incompliance in the past by the economic operators with contract requirements and other new grounds for exclusion introduced by the Directive. In order to enable better understanding of those rules the speakers shared with the participants also information about relevant rulings of the Court of Justice related to those provisions. The second part of the workshop was dedicated to the issue of reliance, in public procurement procedures, by economic operators on capacities (resources) of other undertakings. Here again, speakers presented first the relevant provisions of the Directive 2014/14 emphasizing the changes as compared with older rules and explaining in depth the new rules. Then, they proceeded with presentation of the most relevant rulings the Court of Justice of the European Union illustrating different forms such a reliance can take.

The workshop was held in the interactive and engaging atmosphere and included, in addition to presentations on above mentioned topics, also questions and answers, free exchange of views and open discussion of participants. The workshop enabled the staff of the PPO to get detailed information about the relevant provisions of the European Union’s directives and their understanding and practical application in the EU member countries, as well as to express opinions of the participants on the way how those provisions are implemented and applied in practice in the Republic of Serbia.

The documents related to this workshop can be downloaded here:

• Presentation ‘Mandatory and facultative grounds for exclusion and Reliance on capacities of others entities – EU Directive requirement’ by Teja Kolar
• Presentation ‘Reliance on capacities of others – Case law of the Court of Justice of the European Union’ and ’Grounds for exclusion – Case law of the Court of Justice of the European Union’ by Dariusz Piasta