Exclusion grounds in Belgian public procurement
In Belgium, the buyer must exclude a candidate with a final conviction for corruption, fraud, money laundering or another listed offence (five years), or with over €3,000 of tax or social security debt, with one five-working-day chance to settle. Bankruptcy or grave misconduct allow a three-year discretionary exclusion (law of 17 June 2016, art. 67 to 70).
Updated
In Belgium, the buyer excludes a candidate with a final conviction or over €3,000 of tax or social security debt, and may exclude others for bankruptcy or grave misconduct.
Three kinds of grounds
The Belgian law of 17 June 2016 on public procurement requires the buyer to exclude a candidate or tenderer, at any stage of the procedure, in three kinds of cases: certain convictions (article 67, mandatory exclusion), tax and social security debts (article 68, mandatory with exceptions) and a list of situations where exclusion is discretionary (article 69). Consolidated French text read on Wallex on 31 October 2026: Law of 17 June 2016, consolidated text (Wallex)
The company declares in the ESPD that none of these grounds applies; the buyer then checks: ESPD
The grounds in one table
The table follows the law and the royal decree of 18 April 2017, read on Wallex on 31 October 2026.
| Ground | Exclusion | Duration | Articles |
|---|---|---|---|
| Final conviction: criminal organisation, corruption, fraud, terrorism, money laundering, child labour or trafficking | Mandatory | Five years from the judgment | Law art. 67; RD art. 61 |
| Employing illegally staying third-country nationals | Mandatory, from an administrative or judicial decision | Five years from the end of the infringement | Law art. 67 |
| Unpaid taxes or social security contributions above €3,000 | Mandatory, unless payment terms are kept or public claims are sufficient | Until the debt is settled; one five-working-day regularisation | Law art. 68; RD art. 62, 63 |
| Bankruptcy, liquidation, judicial reorganisation, grave professional misconduct, collusion, conflict of interest, misrepresentation… | Discretionary | Three years from the event | Law art. 69 |
Mandatory exclusion after a conviction
Article 67 covers a final judicial conviction for seven offences: participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour and other forms of human trafficking, and employing illegally staying third-country nationals. Article 61 of the royal decree of 18 April 2017 refers to the Criminal Code articles and European texts that define them.
The obligation also applies when the convicted person sits on the company’s administrative, management or supervisory body, or holds powers of representation, decision or control in it. Below the European publication thresholds, the buyer does not have to check those persons.
For employing illegally staying third-country nationals, exclusion applies as soon as an administrative or judicial decision records the infringement, even without a final judgment. The buyer may exceptionally, for overriding reasons of public interest, depart from mandatory exclusion.
Tax and social security debts
Article 68 of the law and articles 62 and 63 of the royal decree set the rule:
- A social security or tax debt of €3,000 or less does not exclude, nor does a debt for which the company obtained payment terms that it strictly keeps.
- The buyer checks the situation itself through the Telemarc application, or an equivalent application in another Member State, within twenty days after the deadline for tenders or requests to participate. The Telemarc certificate shows the exact amount owed.
- If Telemarc is not conclusive, the buyer asks for a recent certificate; for the National Social Security Office, it covers the last calendar quarter ended before the deadline.
- Above €3,000, the company avoids exclusion by showing certain, due and unencumbered claims on a public buyer or public undertaking worth at least its debt minus €3,000.
- Once per procedure, the buyer gives five working days to prove settlement, from the day after notification.
- The ground no longer applies if the debt is paid or covered by a binding arrangement before the request to participate, or before the tender deadline in an open procedure (article 68, § 3).
Discretionary exclusions
Article 69 lets the buyer exclude, for three years, a company that:
- breached the environmental, social and labour law obligations referred to in article 7;
- is bankrupt, in liquidation, has ceased trading or is in judicial reorganisation, or in a similar situation;
- committed grave professional misconduct that calls its integrity into question;
- on sufficiently plausible evidence, distorted competition through acts, agreements or concerted practices;
- has a conflict of interest or a distortion of competition from prior involvement that no less intrusive measure can remedy;
- showed significant or persistent deficiencies in a prior contract, sanctioned by measures taken ex officio, damages or a comparable sanction;
- is guilty of serious misrepresentation, withheld information or cannot produce the supporting documents requested;
- tried to unduly influence the buyer’s decision or obtain confidential information.
Self-cleaning measures
A company covered by article 67 or 69 may prove that its measures are enough to show its reliability: it paid or undertook to pay compensation for the damage, clarified the facts fully by actively cooperating with the investigating authorities, and took concrete technical, organisational and personnel measures to prevent further offences or misconduct (article 70).
The buyer assesses those measures against the gravity and circumstances and gives reasons; if they are judged insufficient, the company receives the reasons. For an article 69 ground, it lets the company present its measures during the procedure, unless the procurement documents require them to be reported at the start. An exclusion decision is challenged within the remedy deadlines: Standstill period and remedies
What an SME checks before replying
These points follow from the articles cited. They do not replace reading the specification of the contract concerned.
- Check social security and tax debts before the deadline: above €3,000, settle or agree a payment plan before submitting.
- Keep a record of payment terms obtained and keep them strictly.
- Read in the procurement documents whether self-cleaning measures must be reported at the start of the procedure.
- Fill in part III of the ESPD accurately: serious misrepresentation is itself an exclusion ground.
- Also check direct subcontractors and the entities the tender relies on: Subcontracting
What AOEX does and does not do
AOEX reads TED notices and public e-Procurement notices. When a published contract is open, the tender kit reads the published documents, including exclusion clauses and the ESPD requested, and dictates the fields of the reply: Tender kit The terms are also in the glossary: Glossary
AOEX does not query Telemarc, issue any certificate, submit the tender or say who will be chosen. This page is not legal advice. The texts to follow remain the law of 17 June 2016, its decrees and the procurement documents: Guide to the law of 17 June 2016
Frequently asked questions
Which convictions lead to mandatory exclusion?
A final conviction for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking, and employing illegally staying third-country nationals (article 67 of the law of 17 June 2016, read on Wallex on 31 October 2026). The exclusion lasts five years from the judgment.
From what amount does a tax or social security debt exclude?
Above €3,000, unless payment terms were obtained and are strictly kept (articles 62 and 63 of the royal decree of 18 April 2017). The company can also show certain, due claims on a public buyer or public undertaking worth at least its debt minus €3,000.
Can a company settle its debts during the procedure?
Yes, once. After first finding that the company is not in order, the buyer gives it five working days, from the day after notification, to prove it has settled (article 68, § 1, of the law).
How long does a discretionary exclusion last?
Three years from the event, or from the end of the infringement if it is continuous (article 69). For some grounds sanctioned by an administrative or judicial authority, the three years run from the date of that decision.
Can an excluded company still take part?
Yes, if it proves sufficient self-cleaning measures: compensation for the damage, active cooperation with investigators, and technical, organisational and personnel measures. The buyer decides with a reasoned decision (article 70). This route is closed during an exclusion imposed by a final judgment.
Does AOEX check a company’s exclusion grounds?
No. AOEX reads TED notices and public e-Procurement notices and helps read the published documents, including exclusion clauses and the ESPD requested. AOEX does not query Telemarc, issue certificates, submit tenders or give legal advice.
Sources
Law of 17 June 2016 on public procurement, articles 67 to 70, consolidated French text read on Wallex on 31 October 2026: Law of 17 June 2016, consolidated text (Wallex) Justel: Law of 17 June 2016 (Justel)
Royal decree of 18 April 2017 on the award of public contracts in the classic sectors, articles 61 to 63, consolidated French text read on Wallex on 31 October 2026: Royal decree of 18 April 2017, consolidated text (Wallex) Justel: Royal decree of 18 April 2017 (Justel)
This note describes public documents and how AOEX works. It is not legal advice.
Edited by aoex.
