S.I. No. 5/1994 - European Communities (Review Procedures For The Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994. (1994_si_5) | IE

ISB SI

Reg. 1 S.I. No. 5/1994 - European Communities (Review Procedures For The Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994. Open official source

1. These Regulations may be cited as the European Communities (Review Procedures for the Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994.

ISB SI

Reg. 2 S.I. No. 5/1994 - European Communities (Review Procedures For The Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994. Open official source

2. The European Communities (Review Procedures for the Award of Public Supply and Public Works Contracts) Regulations, 1992, (

S.I. No. 38 of 1992

), are hereby amended as follows by—

(

a

) the substitution of the following Regulation for Regulation 3

"3. As regards contract award procedures falling within the scope of Council Directive No. 71/305/EEC

2

, Council Directive No. 77/62/EEC

3

and Council Directive No. 92/50/EEC

4

, decisions taken by the contracting authorities shall be reviewed in accordance with the conditions set out in the said Council Directive.", and

(

b

) the substitution of the following Regulation for Regulation 5

"5. A person seeking a review of a contract falling within the scope of Council Directive No. 71/305/EEC, Council Directive No. 77/62/EEC and Council Directive No. 92/50/EEC shall first notify the contracting authority of the alleged infringement and of his intention to seek a review under these Regulations.".

1

O.J. No. L 395/33 30.12.89.

2

O.J. No. L 185/5 25.8.71.

3

O.J. No. L 13/1 15.1.77.

4

O.J. No. L 209/1 24.7.92.

GIVEN under my Official Seal, this 17th day of January, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations extend the provisions of the EC Council Directive, which governs review procedures for contractors and suppliers who have been or risk being harmed by breaches of the procedures in the EC Directives, to services contracts. The procedures for the award of services contracts are contained in

Statutory Instrument No. 173 of 1993

.

ISB SI

Preamble S.I. No. 5/1994 - European Communities (Review Procedures For The Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994. Open official source

S.I. No. 5 of 1994.

EUROPEAN COMMUNITIES (REVIEW PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY, PUBLIC WORKS AND PUBLIC SERVICES CONTRACTS) REGULATIONS, 1994.

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 further effect to Council Directive No. 89/665/EEC,

1

hereby make the following Regulations

S.I. No. 5/1994 - European Communities (Review Procedures For The Award of Public Supply, Public Works and Public Services Contracts) Regulations, 1994.

Statutory Text (3 Articles)

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