EN Official Journal of the European Union CE 84/128

(2004/C 84 E/0165)

WRITTEN QUESTION P-3990/03

by Diana Wallis (ELDR) to the Commission

(18 December 2003)

Subject: Posting/delivery of tender documents

Is the Commission aware that the system of tendering which it operates, for example in relation to translation work, is discriminating against those tenderers who live and work in a country which has no national registered postal system? Bids submitted to a registered postal system are accepted with reference to the date of their acceptance by the postal system. However, where no such system exists, as in countries like the UK, only the date of actual delivery to the addressee is acceptable. This results in a inequality of treatment and of opportunity for tenderers dependent on whether they have access to a registered mail system or not. Where they do not, the only absolutely safe alternative is personal delivery by the tenderer. Does the Commission have any proposals for measures which might remedy this inequality?

Answer given by Mrs Schreyer on behalf of the Commission

(6 February 2004)

The Commission would like to point out that all public contracts financed in whole or in part by the budget shall comply with the principles of transparency, proportionality, equal treatment and nondiscrimination according to Article 89(1) of the Financial Regulation (1).

The methods of communication in procurement procedures of the Commission are set out in Article 143 of the Implementing Rules of the Financial Regulation.

It offers a choice for the tenderers to submit tenders:

(a) by post, for which purposes the invitation to tender documents shall specify that the relevant date is to be the date of dispatch by registered post, as evidenced by the postmark; or

(b) by hand-delivery to the premises of the institution by the tenderer in person or by an agent, including courier service; for which purposes the invitation to tender documents shall specify, in addition to the information referred to in point (a) of Article 130(2), the department to which tenders are to be delivered against a signed and dated receipt.

This freedom of choice for the tenderer guarantees the respect of the aforementioned principles. Besides, ‘registered service’ is a part of the universal postal service required by the Postal Services Directive (2) to be available to customers in all Member States.

The Royal Mail, a public limited company wholly owned by the Government, is required by its licence to offer a service which is the equivalent to registered post, described as ‘registered (signed for) delivery’, with proof of posting, available in any Post Office branch in the United Kingdom for delivery in the United Kingdom and abroad.

(1) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 357, 31.12.2002.

(2) Directive 2002/39/EC of the Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services, OJ L 176, 5.7.2002.