Regulation 202. Defence

(1) An economic operator may, before the Commercial Sanctions Tribunal, use as a defence against his black listing, the argument that he has taken measures that are sufficient to demonstrate his reliability despite the existence of a relevant ground for black listing. If such evidence is considered as sufficient, the economic operator concerned shall not be black listed from the procurement procedure.

(2) The economic operator shall prove that he has paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.

(3) The measures taken by the economic operators shall be evaluated by the Commercial Sanctions Tribunal taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the Commercial Sanctions Tribunal shall deem the measures as insufficient, it will include the reasons for such a decision in its judgment.