WRITTEN QUESTION E-3366/01

by Armando Cossutta (GUE/NGL) to the Commission

(6 December 2001)

Subject: Public contracts in Italy and the Mafia

In its reply to question E-2663/01(1) concerning the serious statement made by the Italian Minister for Public Works, Mr Lunardi, to the effect that, where public contracts are concerned, one has to live with the Mafia, the Commission does not address the issue which has recently emerged.

1. How can the Commission state that the Italian Government has always demonstrated total commitment to the objectives of combating fraud if all the Commission has so far put forward is a proposal (Article 43(1)) and the Italian Government has expressly stated that one has to live with the Mafia? Or does it consider the Italian Minister's statement need not be taken seriously and, if so, on the basis of what information?

2. In such circumstances, how can the Commission ensure that effective checks are carried out when contracts are awarded?

3. If the current government takes the view that one has to live with the Mafia, how, and using what tools, can the Commission convince European companies that Italy offers equal opportunities for winning contracts?

(1) OJ C 115 E, 16.5.2002, p. 142.

Answer given by Mr Bolkestein on behalf of the Commission

(21 January 2002)

1. In its answer to written question E-2663/01 by the Honourable Member(1), the Commission pointed out that, in Article 46(1) of its proposal for a Directive of the European Parliament and of the Council relating to the coordination of procedures for the award of public supply, public service and public works contracts, it introduced an obligation aimed at excluding from participation in the invitation to tender any tenderer who has been the subject of a definitive judgement for participation in a criminal organisation, for corruption or for financial fraud against the European Communities.

The Commission also noted, in this context, that the Italian Government has always demonstrated its full commitment to achieving the objectives of this proposal. In this respect, the Commission reiterates that the Italian Government has up to now agreed with and supported the proposals which the Commission has made concerning the above-mentioned aspect, during the discussions on the aforementioned proposal for a Directive.

2. The Commission also wishes to point out that the procedures laid down by the Community Directives currently in force, and the transparency which these bring, are also intended to combat corruption and fraud in public contracts. The monitoring of compliance with these procedures, particularly by the Commission but also by the national courts, plays a part in the battle against these practices.

The Commission is convinced that its new measure, once approved and in force, will help tighten up the checks on procedures for awarding public contracts, by making it compulsory for awarding authorities to exclude tenderers guilty of the aforementioned offences, rather than simply giving them this option, as at present.

3. Should the Honourable Member have any knowledge of award procedures for public contracts during which the Italian authorities may have favoured entrepreneurs linked to a criminal organisation, and this despite healthy competition at Community level, he is free to inform the Commission of this. If he did so, the Commission would examine the information received and request, if needs be, any necessary clarification from the Italian authorities, in order to check whether there would be any reason to initiate infringement proceedings under Article 226 (ex Article 169) of the EC Treaty.

(1) OJ C 115 E, 16.5.2002, p. 142.