# CE2004088EN.01029702.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/297 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/297

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(2004/C 88 E/0304)

WRITTEN QUESTION E-3566/02

by Freddy Blak (GUE/NGL) to the Commission

(12 December 2002)

Subject:   Contracts between Eurostat and Eurogramme

Subject:

On 14 November 2002 I sent the following letter to Commissoner Pedro Solbes: ‘I have been informed that the contracts of the company Eurogramme Ltd, with which Eurostat has several contracts, have been moved from this company to a new company simply called Eurogramme. Can you confirm this and if so, could you please explain how this is compatible with the rule that Eurostat only enters into contracts with companies that can show three years' full and correct accounts?’

In his answer Commissioner Solbes writes: ‘Thank you for your letter of 14 November concerning the contracts of Eurostat with the company Eurogramme. This issue has been transmitted for investigation to OLAF, and I am therefore not in a position to comment until the investigation has been completed.’

My questions to the Commission are now:

| 1. | What rules determine that the Commission cannot answer a question about its present contractors only because there is an ongoing OLAF investigation into its former contractors? |
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1.

What rules determine that the Commission cannot answer a question about its present contractors only because there is an ongoing OLAF investigation into its former contractors?

| 2. | What is the name of the Eurostat contractor? Is it Eurogramme Limited or Eurogramme? And if it is Eurogramme, could you please then tell me how this change of contractor is compatible with the rule that Eurostat only enters into contracts with companies that can show three years' full and correct accounts? |
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2.

What is the name of the Eurostat contractor? Is it Eurogramme Limited or Eurogramme? And if it is Eurogramme, could you please then tell me how this change of contractor is compatible with the rule that Eurostat only enters into contracts with companies that can show three years' full and correct accounts?

Answer given by Mr Solbes Mira on behalf of the Commission

(6 February 2003)

(6 February 2003)

As a matter of principle, the Commission does not wish to comment on this file which is subject to investigation by European Anti-Fraud Office (OLAF). Pursuant to Regulation (EC) No 1073/1999 of the Parliament and of the Council of 25 May 1999 concerning investigations conducted by OLAF (1), governing the investigations of OLAF, the information obtained in the context of OLAF investigations is subject to confidentiality and the protection of data rules.

1

The name of the contractor is Eurogramme SARL. This company signed an Addendum with the Commission at the end of 2001, by which it succeeded to all contractual rights and obligations of Eurogramme Limited Succursale Luxembourg.

There is no rule that the Commission may only enter into contracts with companies that can show three years' accounts. Article 31 of Council Directive 92/50/EEC of 18 June 1992 (2) relating to the coordination of procedures for the award of public service contracts sets out a number of alternative methods for proving financial capacity. Such alternative methods are appropriate, for example, in the case of newly created companies.

2

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(1)  OJ L 136, 31.5.1999.

1

(2)  OJ L 209, 24.7.1992.

2

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