Written question – Special procurement and tendering – E-000978/2016

In Ireland, Aherlow Kilross Community Council applied to South Tipperary Development Company for funding for the refurbishment of its community hall. As part of the public procurement process, the Community Council relied on a circular issued by Ireland’s Department of the Environment, Community and Local Government in April 2011 which implied that tenders for the construction works could be advertised either on an e-tenders website or in a national newspaper. The Council opted to advertise on in newspaper. It subsequently appointed a builder and carried out the works.

The project file was inspected by the Department, which would be normal practice. As part of the inspection process, the Department deemed that advertising in a national newspaper was inappropriate and not in keeping with public procurement regulations. It penalised the Community Council by applying a fine of 25% on the construction cost element of the project. This resulted in the Community Council losing a grant of slightly in excess of EUR 28 000.

Can the Commission state:

1. whether any EU directive, regulation or guideline stipulates that tenders for such projects must be advertised both online and in national newspapers;
2. whether it will make a statement on the issue outlined above?