S.I. NO. 612 of 2001

European Communities (Award of Public Works Contracts) (Amendment) Regulations 2001

I, Charlie McCreevy, Minister for Finance, 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 further effect to Council Directive No. 93/37/EEC of 14 June 1993¹ , and the European Parliament and Council Directive No. 97/52/EC of 13 October 1997² hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Award of Public Works Contracts) (Amendment) Regulations 2001.

(2)   The European Communities (Award of Public Works Contracts) Regulations 1992 ( S.I. No 36 of 1992 ), European Communities (Award of Public Works Contracts) (Amendment) Regulations 1994 ( S.I. No 293 of 1994 ), European Communities (Award of Public Works Contracts) (Amendment) Regulations 1998 ( S.I. No 380 of 1998 ), and these Regulations may be cited together as the European Communities (Award of Public Works Contracts) Regulations, 1992 to 2001 and shall be construed together as one.

2.   The submission of tenders for public works contracts, by means other than writing, directly or by post, is authorised where those means make it possible to ensure that -

(a)   each tender contains all the information necessary for its evaluation,

(b)   the confidentiality of each tender may be maintained pending its evaluation,

(c)   where necessary, for reasons of legal proof, a tender is confirmed as soon as possible in writing or by dispatch of a certified copy,

(d)   a tender is opened after the time limit for its submission has expired.

¹ O.J. No. L199, 9.8.93

² O.J. No. L328, 28.11.97