Form 8 - Self-Declaration (sanctions against Russia) (PL3) (Mit dem Teilnahmeantrag; Mittels Eigenerklärung): This declaration must be submitted by all applicants/tenderer/all members of a bidding consortium.
The following declaration is made binding by me/us ________________________, (if applicable, also on behalf of those represented according to the request for participation):
The applicant does/do not belong to the persons or companies mentioned in Article 5k (1) of Regulation (EU) No. 833/2014, including by Art. 1 No. 25 of Regulation (EU) 2025/395 of the Council of February 24, 2025, and subsequent amendments as amended from time to time, concerning restrictive measures considering actions by Russia that destabilize the situation in Ukraine, who have a connection to Russia as defined in the regulation,
a) through the Russian nationality of the applicant or the establishment of the applicant in Russia,
b) through the participation of a natural person or a company that meets one of the criteria in letter a) in the applicant by holding shares exceeding of more than 50 %,
c) through the actions of the applicant on behalf of or at the instruction of persons or companies to whom the criteria set out in points (a) and/or (b) apply.
The companies involved in the contract as subcontractors, suppliers, or companies whose capacities are relied upon in connection with the provision of proof of eligibility, which account for more than 10% of the value of the contract, also do not belong to the group of persons referred in the regulation with a connection to Russia as defined in the regulation.
It is confirmed and ensured that, even during the term of the contract, no subcontractors, suppliers, or companies whose capacities are used in connection with the provision of proof of eligibility, which account for more than 10 % of the value of the contract and that do belong to the group of persons referred to in the regulation with a connection to Russia within the meaning of the regulation, are involved.
Article 5k of Regulation (EU) No. 833/2014 as amended by Art. 1 No. 25 of Regulation (EU) 2025/395 of the Council of February 24, 2025, reads as follows:
1. It shall be prohibited to award or continue the execution of any public or concession contract falling within the scope of the public procurement Directives, as well as Article 10(1), (3), (6) points (a) to (e), (8), (9) and (10), Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Article 7, points (a) to (d), and Article 8, Article 10 points (b) to (f) and (h) to (j) of Directive 2014/24/EU, Article 18, Article 21 points (b) to (e) and (g) to (i), Articles 29 and 30 of Directive 2014/25/EU and Article 13 points (a) to (d), (f) to (h) and (j) of Directive 2009/81/EC, to or with:
(a) a Russian national, a natural person residing in Russia, or a legal person, entity or body established in Russia;
(b) a legal person, entity or body whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or
(c) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph,
including, where they account for more than 10 % of the contract value, subcontractors, suppliers or entities whose capacities are being relied on within the meaning of the public procurement Directives.
2. By way of derogation from paragraph 1, the competent authorities may authorise the award and continued execution of contracts intended for:
(a) the operation, maintenance, decommissioning and radioactive waste management, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, such as the Paks II project, as well as the supply of precursor material for the production of medical radioisotopes and similar medical applications, critical technology for environmental radiation monitoring, as well as civil nuclear cooperation, in particular in the field of research and development;
(b) intergovernmental cooperation in space programmes;
(c) the provision of strictly necessary goods or services which can only be provided, or which can only be provided in sufficient quantities, by the persons referred to in paragraph 1;
(d) the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or
(e) unless prohibited under Article 3m or 3n, the purchase, import or transport of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the Union.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation.
4. The prohibitions in paragraph 1 shall not apply to the execution until 10 October 2022 of contracts concluded before 9 April 2022.
According document A1 Forms and Proof.