S.I. No. 51/1995 - European Communities (Award of Contracts by Entities Operating in The Water, Energy, Transport and Telecommunications Sectors) Regulations, 1995.

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, 1995.

2. (1) In these Regulations "the Council Directive" means Council Directive No. 93/38/EEC.

(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, the contracing 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. The European Communities (Award of Contracts by Entities operating in the Water, Energy, Transport and Telecommunications Sectors) Regulations, 1993 (

S.I. No. 103 of 1993

), are hereby revoked.

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O.J. No. L199/84 9.8.93.

6. A reference in any enactment other than these regulations to Council Directive No. 90/531/EEC

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, or to any provision thereof shall be construed as a reference to the Council Directive.

GIVEN under my Official Seal, this 28th day of February, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations relate to the EEC Council Directive 93/38/EEC which governs the procedures for the procurement of supplies, works (both building and civil engineering and services, by certain entities operating in the water, energy, transport and telecommunications sectors. In general, the procedures must be followed when the contract value exceeds the relevant thresholds in the Directive.

2

O.J. No. L297/1 29.10.90.

S.I. No. 51 of 1995.

EUROPEAN COMMUNITIES (AWARD OF CONTRACTS BY ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS) REGULATIONS, 1995.

I, RUAIRÍ QUINN, 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

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, hereby make the following Regulations