Regulation 41. Suitability to pursue the professional activity

(1) The contracting authority or entity may request an economic operator to prove his enrolment, as prescribed in his country of establishment, in one of the professional or trade registers or to provide a declaration or certificate as described in Part A of Schedule VI for works contracts, Part B of Schedule VI for supply contracts and Part C of Schedule VI for service contracts.

(2) In procedures for the award of service contracts, insofar as candidates have to possess a particular authorisation or be a member of a particular organisation in order to be able to perform the service concerned in their country of origin, the contracting authority or entity may require them to prove that they hold such authorisation or membership.

(3) The provisions of sub-regulations (1) and (2) shall be without prejudice to the principles of Community Law on the freedom of establishment and the freedom to provide services.