40That directive innovates, in particular by laying down, in Article 57(6), the mechanism for adopting corrective measures (‘self-cleaning’). That arrangement, which applies to economic operators which have not been excluded by a final judgment, is designed to encourage an economic operator who is in one of the situations referred to in Article 57(4) of that directive to provide evidence showing that the measures which it has taken are sufficient to demonstrate its reliability despite the existence of a relevant optional ground for exclusion. If such evidence is considered as sufficient, the economic operator concerned must not be excluded from the procurement procedure. For this purpose, the economic operator must prove that it has paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.
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