WRITTEN QUESTION P-3078/00

by Luckas Vander Taelen (Verts/ALE) to the Commission

(22 September 2000)

Subject: Selection panel for the international architectural competition relating to the European Quarter: partiality, qualifications and presence of Belgian panel members

Further to complaint 98/5025SG-Belgium, and as indicated in its reply to Question P-1747/00(1), the Commission has issued formal notice to the Belgian authorities regarding the lack of impartiality of Mr H. Montois, an architect and member of the selection panel. The chairman of the panel, Mr J. Vandervoorde, an architect from the CERAU office, was not impartial either, because from 3 October 1990 he was a partner and shareholder in the Espace Léopold architectural office, which took the form of a limited company, on the same basis as Mr A. Jacqmain, an architect from the Genval architectural office (placed second in the competition), in connection with the construction of the D4, D5 and SNCB buildings in rue de Trèves, Brussels.

1. Does the Commission therefore intend to issue formal notice to the Belgian authorities regarding Mr J. Vandervoorde's lack of impartiality, too?

In Question P-1747/00 it was also pointed out that eight Belgian members took part in the work of the selection panel, instead of the five provided for by the competition's rules and referred to in the notice of competition(2), which was published in accordance with Annex IV (notice of competition) to Council Directive 92/50/EEC of 18 June 1992(3).

2. Can the Commission state its view about this aspect and indicate, in this case, whether the active presence of the three Belgian members not referred to in the notice of competition is in accordance with the spirit of Directive 92/50/EEC?

3. Does Mr H. Hasquin satisfy the criteria regarding the qualifications required to sit on the selection panel (given that he is neither an architect nor a town planner) and support its decisions(4)?

4. Bearing in mind the evidence supplied and the facts already revealed about the procedure for assessing the tenders, the composition of the selection panel and its lack of impartiality, does the Commission intend to refer the matter to the European Court of Justice?

If so, can the Commission tell us when it intends to do so?

(1) OJ C 53 E, 20.2.2001.

(2) In the notice of competition Mr H. Hasquin, Mr J. Van Hufflen and Mr B. Martigny are not listed as members of the selection panel.

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

(4) See the selection panel's report on the first round, p. 4/7, 6th paragraph, where it is stated The Minister supports this decision.

Answer given by Mr Bolkestein on behalf of the Commission

(24 October 2000)

1. Further to the new information provided by the Honourable Member in his written question P-2255/99(1) on the composition and impartiality of the selection panel and the procedure for assessing the tenders, the Commission has sent a second letter of formal notice to the Belgian authorities, listing as grounds the lack of impartiality of Mr Montois and the fact that the selection panel neglected to base its decisions exclusively on the criteria outlined in the competition documents, in breach of Article 13(6) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts.

As regards Mr Vandevoorde's alleged lack of impartiality, the Commission is at present carefully examining the information provided in the Honourable Member's question.

2. As to the alleged participation of eight Belgian members in the work of the selection panel, instead of the five provided for in the competition rules, it should be noted that, according to the Commission's information, the competition rules provided for seven Belgian members and two Belgian alternates, in addition to five non-Belgian members and three (non-Belgian) representatives from the European institutions. The selection panel's reports reveal that the selection panel was made up of eight non-Belgians and seven Belgians at the first round held on 11/12 December 1997, and comprised seven non-Belgians and six Belgians at the second round.

Furthermore, the aforementioned Directive 92/50/EEC does not preclude changes to the composition of the selection panel, provided that its members satisfy the three essential conditions regarding impartiality, qualifications and observing anonymity.

3. As regards Mr Hasquin's qualifications, the selection panel's report from the second round held on 21/22 April 1998 reveals that Mr Hasquin did not vote. Moreover, as to the qualifications of the selection panel, Article 13(6) of Directive 92/50/EEC stipulates that where a particular professional qualification is required from participants in a contest, at least a third of its members must have the same qualification or its equivalent.

4. The Commission is currently awaiting a response from the Belgian authorities to its second letter of formal notice before it decides on any further action.

(1) OJ C 203 E, 18.7.2000.