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S.I. No. 378/1998 - European Communities (Award of Public Service Contracts) Regulations, 1998

S.I. No. 378 of 1998.

EUROPEAN COMMUNITIES (AWARD OF PUBLIC SERVICE CONTRACTS) 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. 92/50/EEC of 18 June 19921 and European Parliament and Council Directive No. 97/52/EC of 13 October 19972, hereby make the following regulations:

1O.J. No. L209, 24.7.1992, p. 1

2O.J. No. L328, 28.11.1997, p. 1

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

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

2. (1) In these Regulations "Council Directive" means Council Directive No. 92/50/EEC (as amended by European Parliament and Council Directive No. 97/52/EC).

(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 service contracts to which the Council Directive also applies.

4. (1) In awarding public service contracts, a contracting authority, where appropriate, shall apply procedures adapted to the provisions of the Council Directive, and shall follow the relevant procedures, if any, set out in the Council Directive.

(2) A contracting authority shall comply or ensure compliance with the Council Directive where it subsidises directly by more than 50 per cent. a service contract awarded by an entity other than itself in connection with a works contract within the meaning of Article 1(a) of Council Directive No. 93/37/EEC3.

3O.J. No. L199, 9.8.93, p. 54

5. (1) Subject to paragraph (2) of this Regulation, unless it is justified by the subject of the contract, there is hereby prohibited, in respect of contracts to which these Regulations apply, the introduction into the 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, favour or eliminate certain service providers, in particular, the indication of trade marks, patents, types, or of 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 the contract are unable to give a description of the subject of the contract u sing specifications which are sufficiently precise and intelligible to all parties concerned.

6. A contracting authority shall issue invitations to submit a tender for or to negotiate public service 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 nationals 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 29 (e) and (f) of the Council Directive.

8. The European Communities (Award of Public Service Contracts) Regulations, 1993 ( S.I. No. 173 of 1993 ), are hereby revoked.

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

CHARLIE McCREEVY

Minister for Finance