Vol. 520 No. 4
91 Mr. Killeen asked the Minister for Finance whether national guidelines on public procurement were updated and notified to the EU prior to 16 February 1999 as required by directive 97/52/EC, as amended on 1 April 1998; the safeguard in place to ensure compliance with the guidelines; and if he will make a statement on the matter. [16102/00]
Directive 97/52/EC amended existing EU directives on procedures for the award of contracts by public bodies to bring them into conformity with the Government procurement agreement [GPA] of the World Trade Organisation. The directive was adopted by the European Parliament and the Council on 13 October 1997 and member states were required to transpose its provisions into national legislation by 13 October 1998.
The provisions of the directive were transposed into Irish law by statutory instruments signed on 2 October 1998 and particulars of transposition were forwarded to the European Commission. All Departments and offices were circulated with copies of the new directive by the Department of Finance and its principal features were outlined with particular reference to the need for compliance. The revisions to the EU public procurement regime arising from Directive 97/52/EC were relatively minor. The most important were, reduced value thresholds for mandatory advertising in the EU Journal of service contracts being placed by Departments, greater provision for de-briefing of unsuccessful tenderers and additional obligations on public bodies in regard to providing statistics on their procurement.
A corresponding directive, 98/04/EC amended the EU directive on procedures for the award of contracts by entities operating in the utilities sector (water, transport, energy and telecommunications) to bring them into conformity with the GPA. The directive was adopted by the European Parliament and the council on 16 February 1998. Its provisions were transposed into Irish law by the due date, 16 February 1999, and particulars of transposition notified to the European Commission as required.
