Current legislation governing public procurement in the EU and Ireland
The EU public procurement suite of legislation is comprised of three main directives that set out rules for how public authorities purchase goods, services, and works from companies. These laws ensure fairness, transparency, and open competition by applying principles of equal treatment and non-discrimination, with different rules applying above certain monetary thresholds.
These directives are transposed into Irish law by means of Regulations. The table below provides links to the current suite of EU procurement directives and their corresponding Irish Regulations.
| EU Directives | Transposed Irish Legislation |
|---|---|
2014/23/EU (Concessions) |
S.I. No. 203 of 2017 European Union (Award of Concession Contracts) Regulations 2017 |
2014/24/EU (Public Procurement) |
S.I. No. 284 of 2016 European Union (Award of Public Authority Contracts) Regulations |
2014/25/EU (Utilities) |
S.I. No. 286 of 2016 European Union (Award of Contracts by Utility Undertakings) Regulations 2016 |
The EU public procurement remedies directive (and its related directives for utilities) requires EU member states to provide effective and rapid review procedures for public procurement breaches. This allows individuals and companies harmed by non-compliance to challenge contract awards and seek remedies such as compensation for damages and the annulment of unlawful decisions.
| EU Directives | Transposed Irish Legislation |
|---|---|
89/665/EEC (Public Authorities) |
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92/13/EEC (Utilities) |
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2007/66/EC (amending 89/665/EEC & 92/12/EEC) |
SI 130 of 2010 (Public Authorities) SI 131 of 2010 (Utilities) SI 192 of 2015 (Public Authorities) amending SI 130 of 2010 SI 193 of 2015 (Utilities) amending SI 131 of 2010 SI 326 of 2017 (Concessions) amending SI 130 of 2010 SI 327 of 2017 (Public Authorities) amending SI 130 of 2010 SI 328 of 2017 (Utilities) amending SI 130 of 2010 |