Dáil Éireann Debate, Thursday - 18 June 2026
258. Deputy Malcolm Byrne asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he will consider the development of a procurement pact or outline joint procurement measures with the European Union or with other EU member states. [46432/26]
Amharc ar fhreagra259. Deputy Malcolm Byrne asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he will consider the development of a procurement pact or outline joint procurement measures with Canada. [46433/26]
Amharc ar fhreagraI propose to take Questions Nos. 258 and 259 together.
S.I. 284/2016, transposing EU Directive 2014/24, provides that a contracting authority in the State may act jointly with a contracting authority from another Member State in the award of public contracts, provided that the necessary elements have been regulated by an international agreement concluded between either the Member States themselves, or the contracting authorities directly.
This international agreement must contain provisions setting out the relevant national law provisions, which may be the law of either of the participating countries or a combination of both, provided that the agreement aligns with the requirements of EU Directive 2014/24 and its transposing national instruments.
The international agreement must also set out the internal organisation of the procurement procedure of the Member State concerned, including—
(i) the management of the procedure,
(ii) the distribution of the works, supplies or services to be procured, and
(iii) the conclusion of contracts
Centralised procurement by the European Commission on behalf of Member States is provided for in specific, limited circumstances in a number of pieces of sectoral legislation. These market areas include the procurement of necessary medical countermeasures, critical raw materials and defence materials. Before the Commission can procure on behalf of Member States, a Member State must agree to be party to this centralised procurement.
Concerning Canada: Under the General Procurement Agreement (GPA) economic operators from signatory countries must receive ‘treatment no less favourable than the treatment accorded to…economic operators of the European Union.’
Joint procurement between Irish and Canadian contracting authorities, any attendant agreements and any pact between the countries, is a trade matter and thus better addressed to the Minister for Foreign Affairs and Trade.
