The Legislation

This European market is covered by a number of Directives, secondary European legislation, which has to be implemented by each of the 15 Member State into their own legislative framework, and give detailed instructions on tendering procedures. Statutory Instruments implement the UK regulations. The level of legislation fully in force varies across the member states.

The Directives set out the principles for Works, Supplies, Services and Utilities contracts which are above specified financial threshold levels, the levels are much lower for supplies and services than for works. The rules specify procedures for advertising and awarding depending on the type of contract which contracting authorities must comply with.

Contracts above the threshold levels affected by the EC procurement rules must be advertised in the Supplement to the Official Journal of the European Communities (OJEC) before being notified elsewhere over 2000 notices appear every week. The number of procurement notices published in the OJEC has risen from 19, 000 in 1988 to nearly 110, 000 per year in 1996 and continues to increase.

Scottish Executive Link:

http://www.scotland.gov.uk/Topics/Government/Procurement/Selling/10615

The table below shows the current EU Procurement Directives and the corresponding Statutory Instruments which implement the legislation in the UK, along with amending legislation.
The links in the table direct you to the documents in EUR-Lex - the portal to European Union law and to the HMSO's Statutory Instruments site. Alternatively, the documents can be downloaded from pdf files at the bottom of this page.

EU Procurement Directive	UK Implementation
The Works Directive 93/97/EC as amended by Directive 97/52/EC	SI 1991 No 2680 Public Works Contracts Regulation 1991 as amended by: Utilities Supply and Works Contracts Regulations 1992 (SI No. 3279) Public Supply Contracts Regulations 1995 (SI No. 201) Utilities Contracts Regulations 1996 (SI No, 2009)
The Supplies Directive 93/36/EC as amended by Directive 97/52/EC	SI 1995 No. 201 Public Supply Contracts Regulations 1995 as amended by: Utilities Contracts Regulations 1996 (SI No. 2911) Public Contracts (Works, Services and Supply (Amendment) Regulations 2000 92/50/EC as amended by Directive 97/52/EC
The Services Directive 92/50/EC as amended by Directive 97/52/EC	SI 1993 No. 3228 Public Services Contracts Regulations 1993 Public Supply Contracts Regulations 1995 (SI No. 201) Utilities Contracts Regulations 1996 (SI No. 2911) Public Contracts (Works, Services and Supply (Amendment) Regulations 2000 (SI No, 2009)
The Utilities Directive 93/38/EC as amended by Directive 98/4/EC	SI 1996 No. 2911 Utilities Contracts Regulations as amended by: Utilities Contracts (Amendment) Regulations 2001 (SI No. 2418)
The Public Sector Remedies Directive 89/665/EC as amended by Directive 97/52/EC	SI 1991 No 2680 Public Works Contracts Regulation 1991 SI 1995 No. 201 Public Supply Contracts Regulations 1995 SI 1993 No. 3228 Public Services Contracts Regulations 1993 as amended by: Public Contracts (Works, Services and Supply (Amendment) Regulations 2000 (SI No. 2009)
The Utilities Remedies Directive 92/13/EC	(SI No. 2911)

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dir98-4 (PDF 90.6 KB)
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dir93-37 (PDF 561.6 KB)
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dir93-38 (PDF 242.6 KB)
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dir97-52 (PDF 226.9 KB)
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dir92-13 (PDF 71.7 KB)
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dir92-50 (PDF 348.2 KB)
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dir93-36 (PDF 202.7 KB)
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SI 1991 No. 2680 (PDF 342.9 KB)
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SI 1992 No. 3279 (PDF 380.7 KB)
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SI 2001 No. 2418 (PDF 249.9 KB)
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SI 1995 No. 201 (PDF 460.2 KB)
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dir89-665 (PDF 69.8 KB)
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SI 1993 No. 3228 (PDF 398.6 KB)
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SI 1996 No. 2911 (PDF 429.5 KB)
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SI 2000 No. 2009 (PDF 566.4 KB)
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