# CE2004078EN.01059101.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/591 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/591

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(2004/C 78 E/0624)

WRITTEN QUESTION E-3562/03

by Giacomo Santini (PPE-DE) to the Commission

(1 December 2003)

Subject:   Automatic renewal of concession for the Brenner motorway

Subject:

The issue of the automatic renewal of the concession held by the Società Autostrade del Brennero is on the agenda once again now that Commissioner Bolkestein has found against it. In view of the fact that the long dispute over the matter, which has gone through a whole series of advances and setbacks, has yet to be settled, can the Commission state:

| 1. | whether it would agree that, in view of the A22 motorway's strategic position, a derogation from the Community rules on invitations to tender should be granted? |
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1.

whether it would agree that, in view of the A22 motorway's strategic position, a derogation from the Community rules on invitations to tender should be granted?

| 2. | how it can justify the unfavourable opinion delivered in respect of the A22 when the automatic renewal of similar concessions has in the past been authorised on more than one occasion in Italy on the basis of Interministerial Directive No 283 of 20 October 1998? |
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2.

how it can justify the unfavourable opinion delivered in respect of the A22 when the automatic renewal of similar concessions has in the past been authorised on more than one occasion in Italy on the basis of Interministerial Directive No 283 of 20 October 1998?

| 3. | whether it considers that it can place its trust in the current operating company, which has set aside a large amount of money to fund the building of the Brenner Base Tunnel and, on this basis, whether it would agree to reconsider the Italian Government's proposals that automatic renewal be authorised? |
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3.

whether it considers that it can place its trust in the current operating company, which has set aside a large amount of money to fund the building of the Brenner Base Tunnel and, on this basis, whether it would agree to reconsider the Italian Government's proposals that automatic renewal be authorised?

Answer given by Mr Bolkestein on behalf of the Commission

(16 January 2004)

(16 January 2004)

As the honourable Member points out, the fact of the A22 motorway's strategic position does not mean that the award of the concession for the operation of the motorway should not be subject to the relevant Community rules on awarding concessions. According to Community law, the renewal of a concession is considered similar to the granting of a new concession. Consequently, since there was no prior invitation to tender, the renewal of the concession awarded to the Autostrada del Brennero company gives rise to serious misgivings with regard to its compatibility with the aforementioned Community rules.

Contrary to what the honourable Members seems to be stating, the Commission has never been asked to give an opinion on renewals of concessions awarded in Italy on the basis of Interministerial Directive No 283 of 20 October 1998. Indeed, although the Commission is cognizant of the text of the Interministerial Directive, the Italian authorities have not forwarded full and precise information concerning the procedures for its implementation, especially in connection with the concessions which have in fact been renewed in accordance with the Directive, the duration of the renewals and, in each case, the reasons justifying renewal. Therefore, where necessary, the Commission reserves the right to ask the Italian authorities for information which will allow it to assess the implementation of the Directive.

The Commission would point out that the problems it has indicated concerning the compatibility with Community law of renewing the concession in question concern solely the lack of a prior invitation to tender and certainly not the reliability of the current operator, judgement on whom in any case is not among the responsibilities of the Commission.

Lastly, the Commission points out that, in its desire not to prejudice the completion of the objectives in connection with which the problem exists, it is pursuing its contacts with the Italian authorities with a view to arriving at a solution which complies with all the requirements involved.

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