EUROPEAN UNION (AWARD OF CONTRACTS BY UTILITY UNDERTAKINGS) REGULATIONS 2016
Source: Iris Oifigiúl S.I. 286 of 2016 2016-06-07

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paragraphs: (1) These Regulations may be cited as the European Union (Award of Contracts by Utility Undertakings) Regulations 2016.
(2) These Regulations are deemed to have come into operation on 18 April 2016.
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paragraphs: (1) In these Regulations—
(a) technical infrastructure enabling contracting entities to award public contracts or to conclude framework agreements for works, supplies or services;
(b) advice on the conduct or design of procurement procedures;
(c) preparation and management of procurement procedures on behalf and for the account of the contracting entity concerned;
(a) it is established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
(b) it has legal personality;
(c) it has any of the following characteristics:
(i) it is financed, for the most part, by the State, a regional or local authority, or by another body governed by public law;
(ii) it is subject to management supervision by an authority or body referred to in subparagraph (i);
(iii) it has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, a regional or a local authority, or by another body governed by public law;
(a) the acquisition of supplies or services, or the acquisition of supplies and services, intended for contracting entities;
(b) the award of contracts or the conclusion of framework agreements for works, supplies or services intended for contracting entities;
(a) in the case of the activities referred to in Regulations 10, 11 and 12, the Commission for Energy Regulation,
(b) in the case of the activities referred to in Regulations 13 and 14, other than those relating to the provision of airports or other terminal facilities to carriers by air, the Minister for Transport, Tourism and Sport,
(c) in the case of the activities referred to in Regulation 14, other than those relating to the provision of maritime or inland ports or other terminal facilities to carriers by sea or inland waterway, the Commission for Aviation Regulation,
(d) in the case of activities referred to in Regulation 15, the Commission for Communications Regulation, and
(e) in the case of activities referred to in Regulation 16, the Minister for Communications, Energy and Natural Resources;
(a) the execution of works or a work or both, or
(b) the supply of products or the provision of services, on the market;
(a) an international standard;
(b) a European standard;
(c) a national standard;
(a) in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service, including quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures, or
(b) in the case of works contracts, the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting entity; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;