Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 25th July, 2017. | ||
I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, 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 92/13/EEC, as amended by Directive 2007/66/EC of the European Parliament and of the Council and Directive 2014/23/EU of the European Parliament and of the Council, hereby make the following regulations: | ||
Citation | ||
1. These Regulations may be cited as the European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2017. | ||
Definition | ||
2. In these Regulations, the “Principal Regulations” means the European Communities (Award of Contracts by Utility Regulations) (Review Procedures) Regulations 2010 ( S.I. No. 131 of 2010 ). | ||
Amendment of Regulation 2 of Principal Regulations | ||
3. Regulation 2(1) of the Principal Regulations is amended— | ||
(a) in the definition of “Revised Remedies Directive”, by inserting “and Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014” after “11 December 2007”, and | ||
(b) by substituting the following for the definition of “Utility Undertakings’ Contracts Regulations”: | ||
“ ‘Utility Undertakings’ Contracts Regulations’ means the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 ( S.I. No. 286 of 2016 ).”. | ||
Amendment of Regulation 5 of Principal Regulations | ||
4. Regulation 5(2)(c) of the Principal Regulations is amended by substituting “Regulation 51” for “paragraphs (5) to (12) of Regulation 29”. | ||
Amendment of Regulation 6 of Principal Regulations | ||
5. Regulation 6 of the Principal Regulations is amended— | ||
(a) in paragraph (2)(a), by substituting “not to award a contract for which there has been a call for competition, conclude a framework agreement, recommence the procedure or implement a dynamic purchasing system” for “not to award a contract, conclude a framework agreement or implement a dynamic purchasing system for which there has been a call for competition”, | ||
(b) in paragraph (3)(c), by substituting “Regulation 67(10) and (11)” for “paragraphs (6) to (8) of Regulation 36”, and | ||
(c) in paragraph (7)— | ||
(i) in subparagraph (c), by substituting “a particular economic operator” for “economic operators”, and | ||
(ii) in subparagraph (d), by deleting “whether public or private”. | ||
Amendment of Regulation 7 of Principal Regulations | ||
6. Regulation 7(3)(a) of the Principal Regulations is amended by substituting “Regulations 77 and 78” for “Regulations 45 and 46”. | ||
Amendment of Regulation 11 of Principal Regulations | ||
7. Regulation 11 of the Principal Regulations is amended— | ||
(a) in paragraph (2)(c)— | ||
(i) by substituting the following for clause (i): | ||
“(i) there has been an infringement of any of paragraphs (19) to (21) of Regulation 51 of the Utility Undertakings’ Contracts Regulations, and”, and | ||
(ii) in clause (ii), by substituting “Regulation 17” for “Regulation 12”, and | ||
(b) in paragraph (4)(a), by substituting “Regulation 51(19) to (21)” for “paragraphs (9) to (12) of Regulation 29”. | ||
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GIVEN under my Official Seal, | ||
17 July 2017. | ||
PASCHAL DONOHOE, | ||
Minister for Public Expenditure and Reform. |