The Government Procurement Review: Ireland Chapter

Author:Ms Mary Dunne
Profession:Maples and Calder
 
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I INTRODUCTION

The key procurement legislation applicable in Ireland implements the corresponding EU directives and is as follows:

a The European Communities (Award of Public Authorities' Contracts) Regulations 2006, SI No. 329 of 2006 (Public Sector Regulations) implement Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (Public Sector Directive).

b The European Communities (Award of Contracts by Utility Undertakings) Regulations 2007, SI No. 50 of 2007 (Utilities Regulations) implement Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (Utilities Directive).

c The European Union (Award of Contracts relating to Defence and Security) Regulations 2012, SI No. 62 of 2012 (Defence Procurement Regulation) implement Directive 2009/81/EC dealing with defence and security procurement (Defence Procurement Directive);

d Directive 2007/66/EC (Remedies Directive), which amends Directive 89/665/ EEC (Public Sector Remedies Directive) and Directive 92/13/EEC (Utilities Remedies Directive);

e The European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010, SI No. 130 of 2010 (Public Sector Remedies Regulations) provide for remedies and enforcement procedures in respect of contracts governed by the Public Sector Regulations.

f The European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) Regulations 2010, SI No. 131 of 2010 (Utility Remedies Regulations) provide for remedies and enforcement procedures in respect of contracts governed by the Utilities Regulations.

Additionally, the case law of the Court of Justice of the European Union and the General Court apply.

As the provisions of the Directives and the Government Procurement Agreement (GPA) are closely aligned, compliance with the Directives (i.e., implementation of the Regulations) ensures compliance by Ireland with the GPA.

Regulation 26 of the Utilities Regulations expressly requires contracting entities, in accordance with the GPA, to treat economic operators in third countries no less favourably than operators in EU Member States. The Public Sector Regulations do not transpose the equivalent provision of the Public Sector Directive (Article 5), possibly because most state bodies are already covered by the GPA.

The national Regulations implement the...

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