WRITTEN QUESTION E-0082/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(24 January 2000)

Subject: Lack of transparency in respect of projects funded by the EU

Article 61 of the contract for the construction of the Attica highway (Elefsina Avenue Stavros Spata Airport) contains the term confidentiality and stresses that the contracting parties specifically agree and accept that all information, correspondence, documents, plans, mldr are confidential and shall not be given to any third party, or be reproduced in any manner or be published in any form and that the obligation of confidentiality shall obtain for the entire duration of the contract and shall continue for a period of three years following the expiry thereof.

Given that the requirement that public works and supplies contracts cofunded by the European Union should be fully transparent applies generally and also that comparable terms may exist in other contracts or may constitute a precedent for future practice, will the Commission say:

1. How will it ensure the transparency of funding and the proper implementation of projects which are cofunded?

2. Does the above-mentioned confidentiality clause also apply to the Commission?

3. Will Article 61 of Law 2445/96 not make it difficult to trace the causes of the recent collapse of the bridge on the Attica highway?

4. What measures does it intend to take to remove the unacceptable wording of Article 61 which refers to confidentiality and the non-publication of information?

Answer given by Mr Bolkestein on behalf of the Commission

(9 March 2000)

On the basis of the information available to the Commission, the confidentiality clause in the text quoted by the Honourable Member refers to relations between the parties to the concession contract, i.e. the State and the enterprises to whom the contract in question has been awarded.

This provision in no way affects the right of scrutiny which the Commission, and the competent public authorities in general, possess concerning the execution of projects financed by Commission funds, which is governed by a set of legal provisions.

In addition other provisions, notably the directives coordinating Community tendering procedures for public procurement markets with the corresponding national provisions, guarantee the required transparency of the phases prior to a project being awarded.

Clauses of this type are often included in contracts governing relations between the parties, with the principal aim of protecting the interested parties' intellectual or industrial property rights, trade secrets, and the secrecy of the negotiations. The Commission stresses that such clauses have never prevented the Commission, or other competent bodies, from exercising their prerogative to monitor that projects are properly executed.

As regards the specific case of the accident that occurred on the building site of a bridge on the Attica highway, the Greek authorities have set up an Inquiry Committee to establish the causes of this accident. On the basis of the Inquiry Committee's conclusions, the Commission will take all necessary measures, as per Articles 38 and 39 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1).

(1) OJ L 161, 26.6.1999.