# CE2004078EN.01044001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/440 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/440

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(2004/C 78 E/0461)

WRITTEN QUESTION E-2877/03

by Jan Dhaene (PSE) to the Commission

(29 September 2003)

Subject:   The ‘Sentiers de l'Europe’ international architecture competition and Place Jean Rey

Subject:

Further to written question E-0405/03 (1):

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| 1. | It has been established with reference to the international architecture competition ‘Les Sentiers de l'Europe’ that the requirement of independence was not fulfilled in the case of the chairman of the jury and the second-placed participant, since direct and formal economic links were detected between the two (see Moniteur Belge No 980804 — Atelier Place Léopold S.A.).
  In view of this state of affairs, will the Commission claim reimbursement of the amounts paid in respect of the second-placed participant? |
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1.

It has been established with reference to the international architecture competition ‘Les Sentiers de l'Europe’ that the requirement of independence was not fulfilled in the case of the chairman of the jury and the second-placed participant, since direct and formal economic links were detected between the two (see Moniteur Belge No 980804 — Atelier Place Léopold S.A.).

In view of this state of affairs, will the Commission claim reimbursement of the amounts paid in respect of the second-placed participant?

| 2. | Can the Commission finally indicate, following its consultations with the Belgian authorities (see Mr Kinnock's answer of 21 May 2003 to written question E-0405/03), whether or not the Belgian authorities' awarding of the service contract for the ‘Place de l'Union Européene’ (Place Jean Rey) to the ODC architects office conformed to the provisions of Council Directive No 92/50/EEC (2) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts? |
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2.

Can the Commission finally indicate, following its consultations with the Belgian authorities (see Mr Kinnock's answer of 21 May 2003 to written question E-0405/03), whether or not the Belgian authorities' awarding of the service contract for the ‘Place de l'Union Européene’ (Place Jean Rey) to the ODC architects office conformed to the provisions of Council Directive No 92/50/EEC (2) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts?

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Answer given by Mr Kinnock on behalf of the Commission

(11 December 2003)

(11 December 2003)

A complaint procedure concerning the ‘European Footpaths’ international architectural competition was brought to a close by a Commission Decision of 24 April 2002. Contacts are being established between the Commission and the Brussels Region to discuss the reimbursement of the prize awarded to the winner. In the context of these contacts the Commission also intends to discuss the question of the independence of the President of the Jury vis à vis the second winner.

On the public procurement procedure for the study ‘Place de l'Union européenne’, the Honourable Member is referred to the letter sent by the Deputy Director General of Directorate General Internal Market dated 4 August 2003 to the Honourable Member. In this letter, it is explained that the contract had been awarded to ODC in 1986 according to the then existing Belgian law. The Directive 92/50/EC (3), which came into force at a date later than the date the contract was awarded, could therefore not be applied.

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(1)  OJ C 268 E, 7.11.2003, p. 98.

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(2)  OJ L 209, 24.7.1992, p. 1.

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(3)  Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts.

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