WRITTEN QUESTION E-0963/97 by Roberta Angelilli (NI) to the Commission (13 March 1997)

Subject: Outside consultants engaged by the Italian Ministry of Public Administration and European competition legislation

In Decision No 4/97 by its Inspection Unit (rapporteur: Pietro De Franciscis, chairman: Riccardo Buonadonna), the Italian Court of Auditors declared that 13 decrees issued in 1994 by the Directorate-General for Local and Regional Coordination in the Ministry of Public Works did not comply with the law. These decrees provided for contracts with outside consultants engaged by the Italian Ministry of Public Administration at a total cost of LIT 7 billion.

The Court of Auditors stated that a call for tenders from outside consultants must be issued by the Ministry for Public Administration even if the nature of the consultancy was 'intellectual'. Furthermore, these calls for tenders must, in the opinion of the Italian Court of Auditors, comply with European legislation on the award of contracts, specifically Directive 92/50/EEC ((OJ L 209, 24.7.1992, p. 1. )).

This decision is all the more interesting in view of the fact that, apart from the above-mentioned decrees by the Ministry of Public Works, many Public Administration agencies in Italy fail to respect European legislation on outside consultants. For example, the Rome City and Provincial Councils have frequently received questions from various local and provincial councillors concerning alleged irregularities in awarding consultancy contracts.

Can the Commission state whether it is aware of any irregularities committed by the City and the Province of Rome in awarding contracts for outside consultants?

Does the Commission not agree that the above-mentioned decision by the Italian Court of Auditors also relates directly to the consultancy contract for the privatization of the City of Rome's local energy and environment agency, which has already been the subject of two previous questions by this author?

Finally, can the Commission say whether it has initiated infringement proceedings against Italy in connection with the Ministry of Public Administration's failure to comply with the legislation governing public contracts?

Answer given by Mr Monti on behalf of the Commission (13 May 1997)

The information it has at present does not indicate to the Commission that the City and Province of Rome have committed any infringements of the Community public procurement Directives in awarding outside consultancy contracts.

The Italian Court of Auditors' decision mentioned by the Honourable Member may certainly refer to the contract for assistance and consultancy services in introducing measures to restructure, convert and possibly upgrade the City of Rome's local energy and environment agency (ACEA), including via privatization, in so far as consultancy services are included among the services listed in Annex I.A to Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts. ((OJ L 209, 24.7.1992. )) Under Article 8, contracts which have as their object such services must be awarded in accordance with the provisions of Titles III to VI.

the estimated value of which, net of VAT, is not less than ECU 200 000. In the case of the above-mentioned contract, the Commission has no reason to believe that its value reaches the threshold that triggers application of Directive 92/50/EEC. In this connection, the Commission would refer the Honourable Member to the answer to his own Written Question P-1071/97 ((OJ C 373, 9.12.1997, p. 60. )).

As regards the Honourable Member's last question, the Commission, in carrying out the institutional tasks laid down by Article 155 of the EC Treaty, monitors the transposal and application by the Member States of Community rules on public procurement. It would draw the Honourable Member's attention to the General Report on the Activities of the European Union and the annual report on the application of Community law. Among the infringement proceedings initiated against Italy in this area, the Commission recently decided to send reasoned opinions in four of them and has referred matters to the Court of Justice in one of them.