Following on from the implementation of the Concessions Directive (2014/23/EU) into Irish law in May of this year (see previous Philip Lee update), corresponding concession remedies regulations (the European Union (Award of Concession Contracts) (Review Procedures) Regulations 2017) were published in July (S.I. No. 326 of 2017). These new concession remedies regulations effectively mirror the existing remedies regulations for public sector contracts (S.I. No. 130 of 2010) and for contracts awarded by utility undertakings (S.I. No. 131 of 2010).
In addition, two further regulations (the European Communities (Public Authorities’ Contracts) (Review Procedures) (Amendment) Regulations 2017 (S.I No. 327/2017)) and (the European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2017 (S.I No. 328/2017)) were published for the purpose of bringing our existing remedies regulations (S.I No. 130 of 2010) and (S.I No. 131 of 2010) into line with the 2014 Directives. These regulations do not introduce any substantive amendments to the existing remedies regime and as noted in the accompanying statement published by the Department of Finance, simply complete “the process of aligning regulation of public procurement in Ireland with the reformed European public procurement regime as initiated in 2014 by the EU Commission”.