Dáil Éireann debate -
Tuesday, 24 Jan 1995

Vol. 447 No. 11

Written Answers. - EU Competitive Tendering Rules.

Noel Ahern

Question:

64 Mr. N. Ahern asked the Minister for Finance if EU rules in relation to competitive tendering can be set aside in view of the fact that the United Kingdom has not put into force the full provisions of the social charter. [1089/95]

Noel Ahern

Question:

70 Mr. N. Ahern asked the Minister for Finance if EU tendering rules can be set aside in cases of unfair competition where the conditions of the Social Charter have not been accepted or enforced in the United Kingdom such as occurred in relation to a company which recently lost the contract for the printing of Telecom phone directories to a United Kingdom company. [1088/95]

Minister for Finance (Mr. Quinn)

I propose to take Questions Nos. 64 and 70 together.

No. EU Treaty and Public Procurement Directive obligations apply. In particular, EU public procurement rules must be followed if the estimated value of a contract is above the threshold(s) laid down in the directives. It is the responsibility of the contracting authority to ensure that any such contracts are awarded in accordance with the terms of the Directives and not otherwise. If not, legal action may result, in particular action by suppliers using their rights under the EU Public Procurement Remedies Directives to seek redress.

The non-acceptance by the United Kingdom of the Social Charter does not in any way invalidate member states obligations arising under the Public Procurement Directives.