WRITTEN QUESTION P-1747/96 by Roberta Angelilli (NI) to the Commission (20 June 1996)

Subject: ACEA and Milk Marketing Board

Since 1994 the Rome Municipality has introduced a number of measures aimed at privatizing certain major municipal agencies.

On 30 June 1995, by its Decision No 1844, the Rome Municipal Council decided to publish a call for tenders from the private sector, on the basis of an urgent procedure, for a specialist advisor to determine and, possibly, implement the plan for the improvement and/or conversion and/or privatization of the ACCL (Municipal Milk Marketing Board). The Rome Municipality undertook to forward the call for tenders, for official publication, to the European Community, as well as the Italian Republic's Official Gazette and at least three newspapers (two national and one regional).

Similarly, on 4 July 1995, by its Decision No 1937, the Rome Municipal Council decided to publish a call for tenders from the private sector, on the basis of an urgent procedure, for a specialist advisor to determine and, possibly, implement the plan for the improvement and/or conversion and/or privatization of the ACEA (Municipal Energy and Environmental Board). Again, the Rome Municipality undertook to forward the call for tenders, for official publication, to the European Community, as well as the Italian Republic's Official Gazette and at least three newspapers (two national and one regional).

Although both tenders have already been awarded following the necessary decisions by the Municipal Council, it appears that neither of the calls for tenders was ever forwarded (or at least not before the deadline) to the European Community's Official Publications Office, for publication in the S supplement to the EU Official Journal.

Will the Commission explain why the two calls for tenders were not forwarded, or at least not forwarded in time?

If, as seems to be the case, the two calls for tenders were not forwarded, what action does the Commission intend to take with regard to the Rome Municipality's serious omission, which in effect distorted competition in the award procedure?

Answer given by Mr Monti on behalf of the Commission (16 July 1996)

The Commission has been informed that, on 10 July 1995, the Rome Municipality sent the Office for Official Publications of the European Communities the call for tenders for a specialist adviser to determine and, possibly, implement the plan for the improvement and/or conversion and/or privatization of the ACCL (Municipal Milk Marketing Board). This call for tenders was published in Official Journal No S 134 of 18 July 1995 (p. 230). Notice that the contract, the amount of which was LIT 200 000 000 (exclusive of VAT), had been awarded was subsequently published in Official Journal No S 240 of 15 December 1995 (p. 60).

As regards the tender for assistance and advice in organizing the restructuring, conversion and possible privatization of the ACEA (Municipal Energy and Environmental Board), the Commission has been informed that the Rome Municipality simply sent the Office for Official Publications notice that the contract, which amounted to LIT 404 600 000 (inclusive of VAT), had been awarded. This notice was published in Official Journal No S 103 of 31 May 1996 (p. 38).

The Commission will be contacting the Italian authorities with a view to obtaining the requisite information to assess the applicability of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts ((OJ L 209, 24.7.1992. )) and of Community law in general. In particular, the Italian authorities will be asked why the call for tender for advisory services concerning the Municipal Energy and Environmental Board was not sent to the Official for Official Publications (and hence not published in the Official Journal). This might have created an obstacle to open tendering when the contract was awarded.

On the basis of the above information and of the information already received from the Honourable Member, the Commission should be able to determine whether, in the case in point, the conditions necessary to institute infringement proceedings against Italy pursuant to Article 169 of the EC Treaty have been met.