EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Public Contracts Regulations 2006 (SI 2006/05) (“the Public Contracts Regulations”) and the Utilities Contracts Regulations 2006 (SI 2006/06) (“the Utilities Contracts Regulations”).
Council Directive 2004/17/EC (OJ L134, 30.4.2004, p.1) (“the Utilities Directive”) concerns the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors. Council Directive 2004/18/EC (OJ L134, 30.4.2004, p.114) (“the Public Sector Directive”) concerns the co-ordination of procedures for the award of public works contracts, public supply contracts and public services contracts. Those Directives have been implemented for England, Wales and Northern Ireland by the Utilities Contracts Regulations and the Public Contracts Regulations respectively.
Commission Regulation (EC) 213/2008 (OJ L74, 15.3.2008, p.1) (“the CPV Regulation”) concerning the revision of the Common Procurement Vocabulary amends Annexes I, IIA and IIB of the Public Sector Directive and Annexes XII, XVIIA and XVIIB of the Utilities Directive which list the activities, along with their Common Procurement Vocabulary (“CPV”) codes, which constitute public works and public services for the purposes of the two directives.
The CPV Regulation does not change the material scope of the Public Sector Directive or of the Utilities Directive.
Regulations 2 and 3 amend the Public Contracts Regulations and the Utilities Contracts Regulations to reflect the amendments to the Public Sector Directive and Utilities Directive made by the CPV Regulation.
Regulation 3 also clarifies the CPV codes used in regulation 38(4)(b) of the Utilities Contracts Regulations.
A full regulatory impact assessment has not been produced 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 the OPSI website (www.opsi.gov.uk).