The Public Contracts and Defence and Security Public Contracts (Croatia Accession Amendments) Regulations 2013

Statutory Instruments

2013 No. 1431

Public Procurement

The Public Contracts and Defence and Security Public Contracts (Croatia Accession Amendments) Regulations 2013

Made

10th June 2013

Laid before Parliament

11th June 2013

Coming into force

1st July 2013

The Minister for the Cabinet Office is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to public procurement and makes these Regulations in exercise of the powers conferred by that section.

Citation and commencement

1.  These Regulations may be cited as the Public Contracts and Defence and Security Public Contracts (Croatia Accession Amendments) Regulations 2013 and come into force on 1st July 2013.

Amendment of Schedule 6 to the Public Contracts Regulations 2006 (Professional or Trade Registers)

2.—(1) Schedule 6 to the Public Contracts Regulations 2006(3) is amended as follows.

(2) In paragraph 1 (Public Services Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”

(3) In paragraph 2 (Public Works Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”

(4) In paragraph 3 (Public Supply Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”.

Amendment of Schedule 3 to the Defence and Security Public Contracts Regulations 2011 (Professional or Trade Registers)

3.—(1) Schedule 3 to the Defence and Security Public Contracts Regulations 2011(4) is amended as follows.

(2) In paragraph 1 (Services Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”

(3) In paragraph 2 (Works Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”

(4) In paragraph 3 (Supply Contracts), after the entry relating to Bulgaria insert—

“in Croatia, Sudski registar trgovačkih društava u Republici Hrvatskoj or Obrtni registar Republike Hrvatske;”.

Chloe Smith

Parliamentary Secretary, Cabinet Office

10th June 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Public Contract Regulations 2006 (“the PCR”) and the Defence and Security Public Contract Regulations 2011 (“DSPCR”).

The PCR implemented for England, Wales and Northern Ireland Directive 2004/18/EC of the European Parliament and Council on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts (“Directive 2004/18”) (OJ No L 134 30.4.2004, p114).

The DSPCR implemented for the United Kingdom Directive 2009/81/EC of the European Parliament and Council on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts in the fields of defence and security (“Directive 2009/81”) (OJ No L 216 20.8.2009, p.76).

Council Directive 2013/16/EU adopted on 13 May 2013 adapting certain directives in the field of public procurement, by reason of the accession of Croatia (OJ No L 158 10.6.2013, p.184) amends the list of professional or trade registers in Directive 2004/18 and Directive 2009/81 to include the professional or trade registers for the Republic of Croatia as a result of its accession to the European Union on 1st July 2013(5). Regulations 2 and 3, respectively, amend the corresponding lists in Schedule 6 to the PCR and Schedule 3 to the DSPCR.

An impact assessment has not been produced for this instrument as no impact on the private and voluntary sectors is foreseen.

A Transposition Note is attached to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk. Copies have been placed in the libraries of both Houses of Parliament.

(1)

S.I. 2010/2473, article 2.

(2)

1972 c.68.

(3)

S.I. 2006/5; amended by S.I. 2007/3542; there are other amending instruments but none is relevant.

(4)

S.I. 2011/1848.

(5)

Article 3(3) of the Treaty concerning the accession of the Republic of Croatia to the European Union (OJ No L 112 24.4.2012, p.10).