# Commission Decision of 13 November 2014 on the Early Warning System to be used by authorising officers of the Commission and by the executive agencies (2014/792/EU), Article 22: Consequences of exclusion warnings on procedures and legal commitments

Extent: E+W+S+N.I.

1. In case of procurement or grant award procedures or contests for prizes, the authorising officer responsible shall exclude a person subject to an exclusion warning from participating in procurement or grant award procedures, unless the conditions set out in Article 106(2) of Regulation (EU, Euratom) No 966/2012 are fulfilled, when the person is in a monopoly situation.
2. In case of existing legal commitments, the authorising officer responsible shall decide on the consequences, including any of the following:
(a) to proceed with the implementation of the contract or grant and make any appropriate verifications;
(b) to suspend the time limit for payments in accordance with Article 92(2) of Regulation (EU, Euratom) No 966/2012;
(c) to suspend payments in accordance with Article 208 of Delegated Regulation (EU) No 1268/2012;
(d) to suspend implementation of the contract or grant in accordance with Article 116 and Article 135(5) of Regulation (EU, Euratom) No 966/2012;
(e) to terminate the legal commitment if the provision of the legal commitment foresees the termination on the basis of the information for which the warning was registered.
3. If the person is a subcontractor, the authorising officer responsible shall require the tenderer or candidate or the contractor to substitute the subcontractor.

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Source: https://www.legislation.gov.uk/eudn/2014/792/article/22 (the official version)
Page: https://openlegislation.uk/eu-decision-2014-792/article-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.