{
  "url": "https://openlegislation.uk/eu-decision-2009-964/annex-II/division-2/division-1",
  "json_url": "https://openlegislation.uk/eu-decision-2009-964/annex-II/division-2/division-1.json",
  "legislation": "eudn/2009/964",
  "legislation_title": "Commission Decision of 18 December 2009 on the adoption of the Work Plan for 2010 for the implementation of the second programme of Community action in the field of health (2008-2013), on the selection, award and other criteria for financial contributions to the actions of this programme and Community payment to the WHO Framework Convention on tobacco control (notified under document C(2009) 10183) (2009/964/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-964",
  "path": "annex/II/division/2/division/1",
  "kind": "division",
  "number": "1",
  "heading": "Applicants will be excluded from participation in an award procedure under the second Health Programme if they:",
  "text": "(a) are bankrupt or are being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;\n(b) have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;\n(c) have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;\n(d) have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Authorizing Officer or those of the country where the contract is to be performed;\n(e) have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;\n(f) are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation;\n(g) have received unlawful aid, on which the Commission has adopted a negative decision involving a recovery order, and the aid has not been recovered in accordance with Article 14 of Council Regulation (EC) No 659/1999.\nEvidence: Candidates shall provide a declaration on their honour, duly signed and dated, stating that they are not in any of the situations listed above.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/964/annex/II/division/2/division/1",
    "retrieved_at": "2026-11-01T15:16:17.775890+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}