L 344[12 Official Journal of the European Union 20.12.2008 COMMISSION REGULATION (EC, EURATOM) No 1302/2008 of 17 December 2008 on the central exclusion database THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Treaty establishing the European Atomic Energy Community, Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Commu- nities ('), and in particular Article 95 thereof, Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (3, in particular to Article 98 thereof, Whereas: (1)  The Commission, which is responsible for executing the general budget of the European Union and any other funds managed by the Communities, is under an obli- gation to set up and operate a central data base, in compliance with Community rules on the protection of personal data, with the objectives to make efficient the exclusion mechanism provided for in the Financial Regu- lation and to protect the financial interests of the Communities. The database should in particular cover the execution of all Community funds independently from the applicable management mode. (2)  The Financial Regulation places obligations on the insti- tutions concerning the award of contracts and grants to third parties in the context of centralised management of Community funds. In particular, Articles 93 and 114(3) set out an obligation to exclude third parties from parti- cipation in procurement or grant award procedures where they are in one of the situations listed in Article 93(1). Articles 94 and 114(3) forbid the award of a contract or grant to third parties who, during a specific procurement or grant procedure, are in a () O] L 248, 16.9.2002, p. 1. () OJ L 78, 19.3.2008, p. 1. situation of conflict of interest or misrepresentation in supplying the information required by the institution as a condition of participation in the procurement or award procedure. Articles 96 and 114(4) further establish the possibility for the contracting authority to impose administrative and financial penalties on third parties, in particular in the form of exclusion from the benefit of any Community fund for a period to be determined by the institution concerned pursuant to Article 133a of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3). Articles 74 and 75 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (*) requires these bodies to apply the abovementioned provisions. Article 50 of Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (%) requires the executive agencies to apply the abovemen- tioned provisions of the Financial Regulation for the im- plementation for their operating budget. Given that executive agencies have the status of authorising officers by delegation of the Commission for the implementation of operational appropriations for which they apply the Financial Regulation, they should have access to the exclusion database in the same manner as Commission services. The objectives and the purpose of the exclusion database should be defined in order to determine the use of the data. L 357, 31.12.2002, p. 1. L 357, 31.12.2002, p. 72. L 297, 22.9.2004, p. 6.