WRITTEN QUESTION E-3972/97 by Gianni Tamino (V) to the Commission (12 December 1997)

Subject: Contracts and environmental impact assessment of the 'Cispadana' road

It was reported in the Italian press ('La Nuova Ferrara' of 1 November 1997) that the contract office of the National Roads Authority in Rome has begun to carry out the contracting procedure for the first stage of the second section of the 'Cispadana' road. It is a short section of 3.7 km in the municipality of S. Agostino (FE) and will cost 38 billion lire. The whole project would consist of a highway without any level crossings of a total length of 24.7 km (only the section in the province of Ferrara). It was designed about 30 years ago and has neither been updated nor adapted to take into account changes that have taken place in the area, such as a viaduct going through towns (S. Carlo - S. Agostino) which would thus be cut in two. The entire project would be subdivided into three sections, the second of which would itself be subdivided into two stages. At present only this short section, unconnected with the rest of the main road system is being built. In the area involved in the 'Cispadana' road project, roads no 16 'Adriatica' and E 45 have been under construction for years and are still unfinished.

The entire 'Cispadana' road project has never been the subject of an environmental impact assessment, as laid down in Community directives, nor has the contract been put out to tender at European level.

Does the Commission not consider it necessary to subject the entire 'Cispadana' road project to an environmental impact assessment, and, if it is acceptable for a project, which might cost a total of up to 300 billion lire, to be split up into contracts for the various stages in order to circumvent European legislation on public works contracts?

Answer given by Mrs Bjerregaard on behalf of the Commission (5 February 1998)

Not being aware of the project mentioned by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

Nevertheless, the Commission invites the Honourable Member to describe more precisely in future the details of the projects reported in written questions in order to give the Commission the opportunity of making a preliminary assessment.

Concerning the aspect relating to Community provisions on public contracts, sub-dividing a contract into lots does not in itself constitute a violation of Community Law on public contracts. Article 6 of Council Directive 93/37/CEE of 14 June 1993 concerning the co-ordination of procedures for the award of public works contracts ((OJ L 199, 9.8.1993. )) merely states that the value of each lot must be taken into account for the purpose of calculating the estimated amount in relation to the threshold value of the Directive. In any case, the value of the 3.7 kilometre section mentioned by the Honourable Member itself exceeds the above-mentioned threshold.

The Commission will ask the Italian authorities why they have not published a contract notice for the project referred to by the Honourable Member and decide whether, in this particular case, it is necessary to go ahead with infringement proceedings against Italy, within the meaning of Article 169 of the EC Treaty.