Public Contracts Regulations 2015 - Regulation 89

Regulation 89 - Duty owed to economic operators from EEA states

Regulation 89 defines the scope of application of Part 2 rules in what concerns de origin of economic operators. Per this Regulation, contracting authorities are obliged to comply with the provisions of Part 2 for economic operators based in the UK or in any European Economic Area (EEA) state. The EEA is composed of the 28 Member States of the EU and 3 Member states of the European Free Trade Association (EFTA).

The EEA extends most EU rights and obligations to Iceland, Liechtenstein and Norway, the 3 EFTA Member States mentioned above. The exception are the common agricultural policy and fisheries which are not extended to those countries and are irrelevant for these purposes.

As with yesterday, this Regulation does not warrant much further discussion. However, Albert makes a good point of explaining why this Regulation needed to exist in a common law jurisdiction from a public/administrative law perspective and its importance for remedies.

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