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Public Procurement Contracts

Dáil Éireann Debate, Thursday - 8 September 2022

Thursday, 8 September 2022

Ceisteanna (457)

Mairéad Farrell

Ceist:

457. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform if he will identify the relevant statutory instruments and the relevant sections that deal with procurement (details supplied); and if he will make a statement on the matter. [43292/22]

Amharc ar fhreagra

Freagraí scríofa

The EU Public Procurement Directives were transposed into Irish Law in 2016 and 2017.  Article 10 of Directive 2014/24/EU calls out specific exclusions for services contracts. The excerpt from page 87 of the National Public Procurement Guidelines for Goods and Services to which the Deputy refers, reflects the specific exclusions for services contracts provided for in the Directives as transposed into Irish law as detailed below. 

S.I. No. 284/2016 – European Union (Award of Public Authority Contracts) Regulations 2016              

10. (1) These Regulations do not apply to public service contracts for—

(a) the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or any interest in or right over any such land, existing buildings or immovable property,  

S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016  

22. (1) These Regulations do not apply to service contracts for—

(a) the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property, or any interest in or right over any such land, existing buildings or immovable property,  

S.I. No. 203/2017 – European Union (Award of Concession Contracts) Regulations 2017  

(12) These Regulations shall not apply to services concession contracts for—

(a) the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or which concern interests in or rights over any of them;  

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