S.L. 601.7 Art. 47Official lists of approved economic operators and certification by bodies establsihed under public or private law.

(1) Contracting authorities or entities may introduce either official lists of approved contractors, suppliers or service providers or certification by certification bodies established under public or private law.

(2) The Director shall adapt conditions for registration on the lists and for the issue of certificates by certification bodies mentioned in sub-regulation (1) to the provisions of regulation 42(1), (4) and (5), regulation 44(1)(a) to (i), (2) and (4) and, where appropriate regulation 45.

(3) Furthermore the Director shall also adapt the conditions referred to in sub-regulation (1) to regulations 42(2) and 43(2) as regards application for registration submitted by economic operators belonging to a group and claiming resources made available to them by the other companies in the group. In such a case, these operators must prove to the Director that they will have these resources at their disposal throughout the period of validity of the certificate attesting to their being registered in the official list, and that throughout the same period these companies must continue to fulfil the qualitative selection requirements laid down in the provisions referred to in sub-regulation (2) on which operators rely for their registration.

(4) Economic operators registered in the official lists of their country may, for each contract, submit to the contracting authority a certificate of registration issued by the competent authority. This certificate shall state the reference which enabled them to be registered in the list or to obtain certification and the classification given in that list.

(5) Certified registration on official lists by the competent authorities or a certificate issued by the certification body shall not, for the purposes of the contracting authorities or entities of other Member States, constitute a presumption of suitability except as regards regulation 40(1) and (2)(a) to (d) and (h), regulation 41, regulation 42(1)(b) and (c) and regulation 43(1)(a)(i) and (b) to (g) in the case of contractors, regulation 43(1)(a)(ii), (b) to (e) and (i) in the case of suppliers and regulation 43(1)(a)(ii), (b) to (e) and

(g) in the case of service providers.

(6) Information which can be deduced from registration on official lists or certification may not be questioned without justification. With regard to the payment of social security contributions and taxes, an additional certificate may be required of any registered economic operator whenever a contract is offered.

(7) The contracting authorities shall apply the above provisions only in favour of economic operators established in the Member State holding the official list.

(8) When economic operators from other Member States are being registered in a local official list, no proof or statement can be required other than those requested of national economic operators and, in any event, only those provided for under regulations 40 to 44 and, where appropriate, regulation 45: Provided that economic operators from other Member States may not be obliged to undergo such registration or certification in order to participate in a contract. Contracting authorities or entities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other equivalent means of proof.

(9) Economic operators may apply at any time to be registered on an official list or for a certificate to be issued. They must be informed within a reasonably short period of time of the decision of the authority drawing up the list or of the competent certification body. (10 The certification bodies referred to in sub-regulation (1) shall be bodies complying with European certification standards.

(11) Contracting authorities or entities that have official lists or certification bodies as referred to in sub-regulation (1) shall be obliged to inform the Commission and the other Member States of the address of the body to which applications should be sent.

Section 3 Award of the contract