WRITTEN QUESTION E-3110/01

by Bart Staes (Verts/ALE) to the Commission

(13 November 2001)

Subject: Implementation of European regulations on public-sector tendering

It was decided at the Nice European Council that the European Council would in future meet regularly in Brussels. According to the German architecture magazine Bauwelt and other press reports, the Belgian prime minister, together with the minister responsible for buildings management, is planning the construction of a new congress centre in Brussels, where meetings of the European Council will be held.

Although no site has as yet been determined for the meeting centre, it would appear already to have been decided who will build it. The firm concerned, M. Jaspers & Partners, is reported to have been approached by the prime minister with a view to submitting estimates for the new congress building. No reference has been made to putting the work out to public-sector tender.

Such arrangements are of course contrary to European regulations on public-sector tendering.

1. Is the Commission aware of the Belgian plans to ignore European regulations in proceeding with the construction of a new congress building?

2. Does it share the view that the right approach to such a project would be to invite submissions to an architectural competition, having regard to the impact on the Brussels cityscape?

Answer given by Mr Bolkestein on behalf of the Commission

(1 February 2002)

According to the information in the Honourable Member's possession, the Belgian Prime Minister is supposed to have asked the firm of Jaspers & Partners to submit designs for the construction of a new building in which to hold European Council meetings in Brussels. It is alleged that there was no prior invitation to tender, which would constitute an infringement of Community public procurement law.

According to the information transmitted by the Belgian authorities to the Commission, it appears that no procedure has yet been set in motion regarding the project for the construction of a new building to house the meetings organised for the European Summits which will be held in Brussels. The site plan for the Espace de l'Europe was drawn up by the architectural studio of M. Jaspers-J. Eyers & Partners-P. Cools on its own initiative and free of charge. Given these conditions, this cannot be a public contract under the terms of the Community directives.

At any rate, the Belgian authorities have given an express undertaking to comply with the Community directives and Belgian public procurement legislation, should the decision be taken to go ahead with the construction of this building.

As for knowing whether the Commission shares the view that a project of this nature should be the subject of an architectural competition, the Commission would point out that the Belgian authorities are at liberty to choose whichever procedure(s) they consider to be the most appropriate (architectural competition, service contract, works contract), in compliance with the applicable Community law. Since this law contains no obligation to make use of the competition procedure, in certain specific cases, the Commission is unable to comment on this point.