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S.I. No. 173/1993 - European Communities (Award of Public Services Contracts) Regulations, 1993.

S.I. No. 173 of 1993.

EUROPEAN COMMUNITIES (AWARD OF PUBLIC SERVICES CONTRACTS) REGULATIONS, 1993.

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. 92/50/EEC1, hereby make the following Regulations:

1 O.J. No. L209/1 of 24.9.92.

1. (1) These Regulations may be cited as the European Communities (Award of Public Service Contracts) Regulations, 1993.

(2) These Regulations shall come into operation on the 1st day of July, 1993.

2. (1) In these Regulations "the Council Directive" means Council Directive No. 92/50/EEC 1.

(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 applies.

4. In awarding public service contracts, the 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 said Council Directive.

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 contract 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 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 the contracts are unable to give a description of the subject of the contract using specifications which are sufficiently precise and intelligible to all parties concerned.

Article 14.6

6. A contracting authority shall issue invitations to tender for 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 laid down for nationals of the State.

Article 27.4

GIVEN under my Official Seal, this 29th day of June, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations relate to the EEC Council Directive which govern the procedures for the procurement of services 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 Directive.