S.I. No. 31/1999 - European Communities (Award of Contracts by Entities Operating in The Water, Energy, Transport and Telecommunications Sectors) Regulations, 1999.

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. 93/38/EEC of 14 June 1993¹ and European Parliament and Council Directive No. 98/4/EC of 16 February 1998² , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Award of Contracts by Entities operating in the Water, Energy, Transport and Telecommunications Sectors) Regulations, 1999.

(2) These Regulations shall come into operation on the 16th day of February 1999.

2. (1) In these Regulations “Council Directive” means Council Directive No. 93/38/EEC (as last amended by European Parliament and Council Directive No. 98/4/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 contracting entities to which the Council Directive applies in relation to contracts to which the Council Directive applies.

4. In awarding supply, works or service contracts, contracting entities shall apply procedures which are adapted to and comply with the provisions of the Council Directive (including any special provisions arising as a result of a request to the Commission under Article 3 of the Council Directive) and shall comply with the relevant procedures of that Directive.

5. Requests to participate in contracts which are made by telegram, telex, fax, telephone or any other electronic means, shall be confirmed by letter dispatched before the expiry of the time limit referred to in Article 26 (2) of the Directive.

6. (1) Tenders shall be submitted in writing, directly or by post.

(2) Tenders may be submitted by any other means which makes it possible to ensure-

(a) that each tender contains all the information necessary for its evaluation,

(b) that the confidentiality of tenders may be maintained pending their evaluation,

(c) that such tenders may be confirmed as soon as possible in writing or by dispatch of a certified copy, where the contracting entity so requires, and

(d) that tenders are opened after the time-limit for their submission has expired.

7. The European Communities (Award of Contracts by Entities operating in the Water, Energy, Transport and Telecommunications Sectors) Regulations, 1995 ( S.I. No. 51 of 1995 ), are hereby revoked.

8. A reference in any enactment other than these Regulations to Council Directive No. 90/531/EEC³ , or to any provision thereof shall be construed as a reference to the Council Directive.

¹ O.J. No. L199, 9.8.93.

² O.J. No. L101, 1.4.98.

³ O.J. No. L297, 29.10.90.