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The Uniform European Self-Declaration (EEE)

One goal of the EU public procurement directives of 2014 and thus also the reform of public procurement law in Germany is to simplify the examination of whether a company is fundamentally suitable for carrying out a public contract. For this purpose, the European legislator has introduced the so-called Uniform European Self-Declaration (EEE) in Article 59 of Directive 2014/24 / EU, which is intended to pre-structure and facilitate the suitability test using a form of self-declaration that is uniform in all EU member states:

  • The EEE represents provisional proof of the suitability of a company and the absence of grounds for exclusion and temporarily replaces the submission of evidence.
  • The EEE contains a self-declaration with insurance by the company on the following aspects:
  1. There are no grounds for exclusion
  2. The specifications of the contracting authority on suitability are met with a view to
    a) the ability to exercise the profession,
    b) the economic and financial capacity as well as
    c) technical and professional capacity.
  3. Any objective and non-discriminatory criteria specified by the contracting authority to reduce the number of participants in the competition are met (only relevant for two-stage procedures).
  4. The evidence required by the contracting authority for points 1 to 3 can be submitted by the company at any time.
  • Evidence and Certificates

    • must be requested by the contracting authority from the company that is to be awarded the contract before the contract is awarded;
    • can be requested by the contracting authority at any time from any company participating in the procurement procedure, provided this is necessary to carry out the procedure.
  • Public buyers have to accept the EEE when presented by the company.
  • The EEE will only be available in electronic form (after a transition period).

The EEE can, for example, be completed via an online electronic service. This online service guides users step by step through the creation of an electronic EEE.

The Federal Ministry for Economic Affairs and Energy has created guidelines for completing the EEE. This guide explains the function, content and handling of the electronic EEE and the individual sections of the online form. A connection is also established between the regulations of German procurement law on the one hand and the EEE form, which is uniform for all EU member states, on the other.