The EDES in detail
The EDES is the system established by the Commission to reinforce the protection of the Union's financial interests and to ensure sound financial management.
It replaced the Early Warning System and the Central Exclusion Database as of 1 January 2016.
The EDES includes a number of improvements to the current tools by the setting-up of Panel and the creation of a database.
The rules are applicable from 2016 to all contracts, grant agreements, prizes, financial instruments and remunerated experts, as well as for the implementation of the budget under indirect management.
The purpose of the EDES is the protection of the Union's financial interests against unreliable economic operators. In particular, the EDES ensures:
The information on early detection/exclusion/financial penalty may stem from:
The grounds for exclusion are listed under article 136 of the Financial Regulation. They concern:
A Panel is set-up to assess requests and issue recommendations for exclusion and financial penalty on cases referred to it by an authorising officer of a Union institutions, Union body, European office or body entrusted with implementing the CFSP (Article 143 of the Financial Regulation). The competent authorising officer will refer a case to the Panel for a central assessment when there are no final judgments or final administrative decisions related to the exclusion and its duration or to the financial penalty, and their publication.
When the contracting authority decides to deviate from the recommendation of the panel, it shall justify such decision to the panel.
The Panel will also be competent to ensure the rights of defence of the economic operator.
It is then the competent authorising officer that takes the decision on the basis of the panel recommendation to exclude and/or impose a financial penalty and possibly publish the related information on the Commission's website.
The system retains the possibility to assess the remedial measures taken by the economic operator to demonstrate its reliability. In this case, the economic operator should not be excluded (except for the most severe criminal activities).
The Panel will be independent and composed of:
The above information on early detection or exclusion and/or financial penalty will be entered in a database (the EDES database) by the Commission, its executive agencies, other institutions, bodies or European offices.
The database is set up and operated by the Commission (Article 142 of the Financial Regulation).
The EDES shall comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
You may find below the privacy statement for the EDES Database:
Privacy statement for the EDES Database.