WRITTEN QUESTION E-1858/97 by Roberta Angelilli (NI) to the Commission (30 May 1997)

Subject: Agreement between Alitalia S.p.A. and the taxi services cooperative '3570'

The administrative office of the airline Alitalia S.p.A. at the airport of Fiumicino has concluded an agreement with the taxi services cooperative '3570' for the transport of passengers from their homes to the Leonardo da Vinci airport at Fiumicino.

The overall cost of this service is in the region of one and a half billion lire per year, which is at least 30% higher than it would have cost to entrust this service to a chauffeur-driven car rental company.

In addition, by its very nature and under the law, a taxi cooperative is required to provide services for all customers without distinction, whereas services provided for a restricted clientele such as the passengers of a given airline are the preserve of chauffer-driven car rental companies.

Alitalia did not issue an invitation to tender for the service contract in question, thereby preventing other companies in this field from submitting bids and making it impossible to select a bid which might have been financially more advantageous.

Will the Commission say whether, in concluding this agreement, Alitalia S.p.A. has fully complied with Community rules on freedom of competition and service contracts, bearing in mind that 90% of Alitalia's capital is held by the public holding company IRI.

If not, will the Commission say whether it intends to take steps to ensure that Community legislation is observed?

Joint answer to Written Questions E-1858/97 and E-1859/97 given by Mr Monti on behalf of the Commission (11 July 1997)

In accordance with Article 2(2)(b)(ii) of Council Directive 93/38/EEC of 14 June 1993 co-ordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors ((OJ L 199, 9.8.1993. )), contracting entities subject to the obligations of the Directive are those which exercise the activity of exploitation of a geographical area for the purpose of the provision of airport, maritime or inland port or other terminal facilities to carriers by air, sea or inland waterway.

Recital 18 of the Directive also states that the scope of this Directive, defined in particular in Article 2, does not include entities offering air transport services to the public.

According to the information in the Commission's possession, Fiumicino airport is managed by Aeroporti di Roma S.p.A. and not by the Ufficio amministrazione scalo aeroporto di Fiumicino de l'Alitalia S.p.A.

In the absence of additional information from the Honourable Member, the Commission considers that the said administrative office of Alitalia, the party that has concluded the contract, is not an entity required to comply with Directive 93/38/EEC.

Nor is Alitalia S.p.A a body governed by public law within the meaning of Council Directive 92/50/EEC of 18 June 1992 relating to the co-ordination of procedures for the award of public service contracts ((OJ L 209, 24.7.1992. )). In accordance with Article 1(b) of the said Directive, a body governed by public law must be any body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, which is not a characteristic of Alitalia S.p.A.

The Commission therefore considers that neither Alitalia's agreement with the taxi co-operative '3570' nor its contract with RAMP fall within the scope of Directives 93/38/EEC and 92/50/EEC.