Dáil Éireann Debate, Tuesday - 25 March 2014
420. Deputy Noel Grealish asked the Minister for Public Expenditure and Reform the measures in place within his Department to ensure that at tendering and final procurement stages only notified biocides as set out under SI No. 625 of 2001, are purchased by his Department; if he will confirm that only notified biocides are currently being purchased by their respective agencies; and if he will make a statement on the matter. [13013/14]
View answerI understand that the legislation referred to by the Deputy (Biocidal Products Directive 98/8/EC) transposed by S.I. 625 / 2001 has now been revoked and replaced by the Biocidal Products Regulation (BPR, Regulation EU 528/2012). This Regulation has been transposed by S.I. 427 / 2013 - European Union (Biocidal Products) Regulations 2013. My colleague Mr Simon Coveney TD, Minister for Agriculture, Food & the Marine has policy responsibility this area.
I should point out that Contracting Authorities carrying out tender processes are responsible for ensuring compliance with all national and international legislation that is relevant to the particular procurement being carried out by that public body.
My Department does not procure biocides directly. However, I am aware that biocides can be found in a number of products that would include some cleaning products. In this regard, I am informed by the Office of Government Procurement (OGP) that the current framework contract for janitorial products contract stipulates that: "All items and materials supplied under the contract shall conform to current requirements as set out in EU Regulations and Directives"; furthermore, Clause 1.4 of the contract states that the supplier must "supply the goods in accordance with good industry practice and comply with all applicable laws " In addition, the forthcoming OGP national competition for the supply of cleaning products and supplies will stipulate that all products supplied which are described as Biocidal must conform to this and all other applicable legislation.
