Regulation 80 – Rules on the organisation of design contests and the selection of participants

Commentary

Regulation 80 PCR2015 establishes the rules for organising design contests covered by Part 8. Contrary to other provisions which claim to lay down principles when really they impose rules (see Regulation 76), Regulation 80 lays down principles while claiming to establish rules.

Generally, the idea of this Regulation is that the various regular procedures are to be used with the necessary adaptations introduced by this Part, which so far have not been many. Furthermore we will not find many adaptations in this Regulation either.

Paragraph 2 forecloses the possibility of a contracting authority limiting participation on a design contest to a territory or part of a territory or the nature of the economic operator. Our view is that either are not strictly needed as the general principles of equal treatment and non-discrimination would be enough.

As for paragraphs 3 and 4 they are very much in line with pre-existing principles as well: in case of numbers being limited, the selection criteria need to be clear and non-discriminatory and the total number of candidates to be selected enough to ensure competition. As we said above, principles, not rules.

Last modified: December 5, 2016 by Pedro Telles

80.—(1) When organising design contests, contracting authorities shall apply procedures which are adapted to the provisions of Chapter 1 and this Section.

(2) The admission of participants to design contests shall not be limited—

(a)by reference to the territory or part of the territory of a member State;

(b)on the grounds that, under the law of the member State in which the contest is organised, they would be required to be either natural or legal persons.

(3) Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear and non-discriminatory selection criteria.

(4) In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.