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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1992 S.I. No. 36/1992 - European Communities (Award of Public Works Contracts) Regulations, 1992. S.I. No. 36/1992 - European Communities (Award of Public Works Contracts) Regulations, 1992. AmendmentsLeasuithe S.I. No. 36 of 1992. EUROPEAN COMMUNITIES (AWARD OF PUBLIC WORKS CONTRACTS) REGULATIONS, 1992. I, BERTIE AHERN, 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. 71/304/EEC1, Council Directive No. 71/305/EEC2 and Council Directive No. 89/440/EEC3, hereby make the following Regulations: 1 O.J. No. L185/1, 15.8.71. 2 O.J. No. L185/5, 25.8.71. 3 O.J. No. L210/1, 21.7.89. 1. These Regulations may be cited as the European Communities (Award of Public Works Contracts) Regulations, 1992. 2.
(1)In these Regulations— "the Council Directives" means Council Directive No. 71/304/EEC, Council Directive No. 71/305/EEC and Council Directive No. 89/440/EEC.
(2)A word or expression that is used in these Regulations and is also used in the Council Directives has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directives.
- These Regulations shall apply to public works contracts to which the Council Directives apply.
- In awarding public works contracts a Contracting Authority, where appropriate, shall comply with the Council Directives and shall follow the relevant procedures, if any, set out in the said Council Directives.
- There is hereby abolished, in respect of the natural persons and companies or firms covered by Title 1 of the General Programmes for the abolition of restrictions on freedom of establishment4 and providing services or act through agencies or branches, the restriction referred to in Title III of the said General Programmes affecting the right to enter into, award, perform or participate in the performance of public works contracts on behalf of the State, or regional or local authorities or legal persons covered by public law and any provisions of any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) or any administrative decision purporting to impose any of the said restrictions hereby stands repealed or revoked as the case may be. 4 O.J. No. 2, 15.1.1962 p. 36/
- The restrictions set out in paragraphs 1 and 2 of Article 3 of the Council Directive No. 71/304/EEC are hereby abolished and any provision of any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) or any administrative decision purporting to impose any of the said restrictions hereby stands repealed or revoked as the case may be. 7.
(1)Subject to paragraph
(2)of this Regulation, unless such specifications are justified by the subject of the contract, there is hereby prohibited for the purposes of these Regulations the introduction into contractual clauses relating to a given contract of technical specifications which mention products of a specific make or source or of a particular process and which, therefore, have the effect of favouring or eliminating certain undertakings or products, in particular, the indication of trade marks, patents, types or of a specific origin or production.
(2)Technical specifications which mention goods of a specific make or source or of a particular process may be included in contracts to which these Regulations apply if the indication is accompanied by the words "or equivalent" and the subject of the contract is such that the authorities awarding contracts are unable to give a description of the subject of the contract using specifications which are sufficiently precise and intelligible to all concerned.
- Contracting Authorities shall issue invitations to tender under these Regulations and the Council Directives without discrimination to those nationals of other Member States who satisfy the necessary requirements and under the same conditions as accorded to their own nationals.
- Contracting Authorities shall state in their contract the Authority or Authorities from which a tenderer may obtain the appropriate information on the obligations relating to the employment protection provisions and the working conditions which are in force in the State or the area where the works are to be executed and which shall be applicable to the works carried out on site during the peformance of the contract. GIVEN under my Official Seal, this 17th day of February,
- BERTIE AHERN Minister for Finance. EXPLANATORY NOTE. These Regulations relate to the EEC Council Directives which govern the products for the procedures of works (both building and civil engineering) by public bodies. The public bodies concerned are Government Departments and Offices, regional and local authorities and bodies in the non-commercial public sector. In addition, these Contracting Authorities must comply or ensure compliance when they subsidise directly by more than 50% a works contract awarded by an entity other than themselves. In general, the procedures must be followed when contract value exceeds the relevant threshold in the Directives. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais