# CE2004078EN.01021301.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/213 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/213

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(2004/C 78 E/0218)

WRITTEN QUESTION P-3052/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(9 October 2003)

Subject:   Suspension of the payment of Community appropriations for public works studies in Greece

Subject:

According to reports which have caused concern in the Greek Parliament, the Commission, in letters sent by its competent services to the Greek Government and the corresponding directorates-general (letter from the Commission concerning the trans-European energy and transport networks of 13 July 2003, letter from the Transport Directorate-General of 28 July 2003 and letter from the Internal Market Directorate-General of 13 August 2003), has announced that payments for the Egnatia motorway and for all studies co-financed in Greece under the trans-European networks have been suspended and that it intends to bring the relevant proceedings before the European Court of Justice on the grounds that Greece is in breach of the rules governing the award of studies for public works.

In view of the serious nature of the decisions taken by the Commission's competent directorates-general, can the Commission answer the following questions:

| 1. | Does the awarding of studies for public works in Greece pose any problem and if so, what specific aspects are concerned? |
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1.

Does the awarding of studies for public works in Greece pose any problem and if so, what specific aspects are concerned?

| 2. | Have payments for studies co-financed in the field of public works in Greece been suspended, which projects are affected and what amounts of funding are involved? |
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2.

Have payments for studies co-financed in the field of public works in Greece been suspended, which projects are affected and what amounts of funding are involved?

| 3. | Has it initiated the procedure for bringing Greece before the European Court of Justice and/or imposing fines and requiring the repayment of appropriations? |
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3.

Has it initiated the procedure for bringing Greece before the European Court of Justice and/or imposing fines and requiring the repayment of appropriations?

Answer given by Mr Bolkestein on behalf of the Commission

(26 November 2003)

(26 November 2003)

| 1. | In the course of a regularly scheduled on-the-spot control mission concerning the Egnatia project, the studies of which are partly co-financed through the Trans-European Transport Network (TEN-T) budget line, some issues were identified, which showed that the practices in Greece for the award of study contracts may not be compatible with public procurement rules and thus required further clarification. The problem seems to be a mixing of the qualitative selection criteria with the criteria for the award of these contracts.
  The Commission is in close contact with the Greek authorities; in order to collect all necessary information which would allow it to assess the issues raised. |
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1.

In the course of a regularly scheduled on-the-spot control mission concerning the Egnatia project, the studies of which are partly co-financed through the Trans-European Transport Network (TEN-T) budget line, some issues were identified, which showed that the practices in Greece for the award of study contracts may not be compatible with public procurement rules and thus required further clarification. The problem seems to be a mixing of the qualitative selection criteria with the criteria for the award of these contracts.

The Commission is in close contact with the Greek authorities; in order to collect all necessary information which would allow it to assess the issues raised.

| 2. | Whilst awaiting the outcome of the compatibility assessment under the public procurement rules, the Commission has decided to freeze payments for all studies benefiting from TEN-T support.
  Therefore, payments will be suspended for 38 decisions (studies) which amount to EUR 82 million of the total planned support, until the Greek authorities provide evidence of the compatibility of national rules or practices with the Community legislation on public procurement. |
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2.

Whilst awaiting the outcome of the compatibility assessment under the public procurement rules, the Commission has decided to freeze payments for all studies benefiting from TEN-T support.

Therefore, payments will be suspended for 38 decisions (studies) which amount to EUR 82 million of the total planned support, until the Greek authorities provide evidence of the compatibility of national rules or practices with the Community legislation on public procurement.

| 3. | Should the Commission reach the conclusion that an infringement of Community law is at stake, it will initiate the procedure foreseen under article 226 of the EC Treaty. |
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3.

Should the Commission reach the conclusion that an infringement of Community law is at stake, it will initiate the procedure foreseen under article 226 of the EC Treaty.

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