S.I. No. 37/1992 - European Communities (Award of Public Supply Contracts) Regulations, 1992.

S.I. No. 37 of 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. 77/62/EEC1, Council Directive No. 80/767/EEC2 and Council Directive No. 88/295/EEC3, hereby make the following Regulations:

1 O.J. No. L13/1, 15.1.77.

2 O.J. No. L215/1, 18.8.80.

3 O.J. No. L127/1, 20.5.88

1. These Regulations may be cited as the European Communities (Award of Public Supply Contracts) Regulations, 1992.

2. (1) In these Regulations—

"the Council Directive" means Council Directive No. 77/62/EEC, Council Directive No. 80/767/EEC and Council Directive No. 88/295/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.

3. These Regulations shall apply to public supply contracts to which the Council Directives apply.

4. In awarding public supply 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.

5. (1) Subject to paragraph (2) of this Regulation, unless such specifications are 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 goods 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 name 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.

6. Contracting Authorities shall issue invitations to those suppliers of other Member States who satisfy the necessary requirements under the same conditions as accorded to national suppliers.

GIVEN under my Official Seal, this 17th day of February, 1992.


Minister for Finance.


These Regulations relate to the EEC Council Directives which govern the procedures for the procurement of supplies by public bodies. The public bodies concerned are Government Departments and Offices as well as regional and local authorities. In general, the procedures must be followed when contract value exceeds the relevant thresholds in the Directives.