S.I. No. 380/1998:

EUROPEAN COMMUNITIES (AWARD OF PUBLIC WORKS CONTRACTS) (AMENDMENT) REGULATIONS, 1998

EUROPEAN COMMUNITIES (AWARD OF PUBLIC WORKS CONTRACTS) (AMENDMENT) REGULATIONS, 1998

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 93/37/EEC of 14 June 1993¹ and European Parliament and Council Directive No. 97/52/EC of 13 October 1997², hereby make the following regulations:

¹O.J. No. L199,9.8.1993,p.54

²O.J. No. L328, 28.11.1997, p.1

1. (1) These Regulations may be cited as the European Communities (Award of Public Works Contracts) (Amendment) Regulations, 1998.

(2) The European Communities (Award of Public Works Contracts) Regulations, 1992 ( S.I. No. 36 of 1992 ), the European Communities (Award of Public Works Contracts) (Amendment) Regulations, 1994 ( S.I. No. 293 of 1994 ), and these Regulations, may be cited together as the European Communities (Award of Public Works Contracts) Regulations, 1992 to 1998, and shall be construed together as one.

(3) These Regulations shall come into operation on the 13 day of October, 1998.

2. (1) In these Regulations "Council Directive" means Council Directive No. 93/37/EEC.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

3. These Regulations shall apply to public works contracts to which the Council Directive also applies.

4. Any reference in the European Communities (Award of Public Works Contracts) (Amendment) Regulations, 1994 ( S.I. No. 293 of 1994 ), or in any other enactment including these Regulations to the Council Directive, or to any provision thereof, shall be construed as a reference to the Council Directive as amended by Council Directive No. 97/52/EC.

5. A contracting authority shall comply or ensure compliance with the Council Directive where it subsidises directly by more than 50 per cent. a works contract awarded by an entity other than itself.

6. The European Communities (Award of Public Works Contracts) Regulations, 1992, are hereby amended by the substitution for Regulation 8 of the following Regulation-

"A contracting authority shall issue invitations to submit a tender for or to negotiate public works contracts without discrimination to any national of a Member State of the European Communities who satisfies the necessary requirements and under the same conditions as those accorded to national of the State.".

7. The Collector-General, Office of the Revenue Commissioners, is hereby designated as the competent authority to issue a certificate for the purposes of Article 24 (e) and (f) of the Council Directive.

GIVEN under my Official Seal, this 2nd day of October, 1998.

CHARLIE McCREEVY

Minister for Finance