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PART 2SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SSCOPE AND GENERAL PRINCIPLES

SECTION 2SGeneral Rules

Conflicts of InterestS

25.—(1) A contracting authority must take appropriate measures to prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators.

(2) Without prejudice to the generality thereof, reference to “conflicts of interest” in paragraph (1) includes any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.

(3) In paragraph (2)—

relevant staff members” means staff members of the contracting authority or of a procurement service provider acting on behalf of the contracting authority, who are involved in the conduct of the procurement procedure or may influence the outcome of that procedure; and

procurement service provider” means a public or private body which offers ancillary purchasing activities on the market.