WRITTEN QUESTION E-0656/00

by Monica Frassoni (Verts/ALE) to the Commission

(9 March 2000)

Subject: Road tunnel in the port of Olbia, Sardinia

In its answer of 21 December 1999 to the above Member's first question on the Olbia tunnel (E-2039/1999)(1) the Commission only dealt with the environmental impact assessment issue. The questioner also mentioned the fact that ANAS (the Italian highways authority) hired the Roman firm Tor di Valle to build the tunnel, instead of the elevated road section, contrary to the provisions of the port master plan in force since 26 June 1981 and without issuing a call for tenders.

Does the Commission not consider that to award the contract for the construction of the tunnel without issuing a call to tender contravenes European legislation on public contracts(2)? If it does, what steps will it take to ensure compliance with this legislation?

With regard to its comments on the environmental impact assessment aspect, the Commission recognises that a preliminary assessment must be carried out to ascertain whether the project for the tunnel and the relevant sliproads should be subjected to an environmental impact assessment. However, this was not done. The Commission also adds that it will take the necessary measures to ensure compliance with Community law.

To what measures is the Commission referring? How does it intend to ensure that the preliminary assessment is carried out before it is too late, in view of the advanced stage reached in the work?

(1) OJ C 219 E, 1.8.2000, p. 73.

(2) See Council Directives 92/50/EEC of 18 June 1992 (OJ L 209, 24.7.1992, p. 1), 93/36/EEC of 14 June 1993 (OJ L 199, 9.8.1993, p. 1), and 93/37/EEC of 14 June 1993 (OJ L 199, 9.8.1993, p. 54).

Answer given by Mrs Wallström on behalf of the Commission

(7 April 2000)

Following the Honourable Member's question, the Commission met with the Italian authorities in December 1999 and asked them to supply all the information necessary to evaluate whether the award of the works contract to build a tunnel in the port of Olbia was compatible with Community law on public contracts. The Italian authorities undertook to send the requested information as soon as possible, but stressed that it would be difficult to obtain the relevant documentation quickly as the contract had been awarded back in 1991. The Commission has yet to receive the information it requested, and has drafted a letter reminding the Italian authorities of their undertaking to send the documents in their possession.

With regard to the environmental impact assessment aspect, the Commission would stress that, as guardian of the Treaty, it will not hesitate to take all necessary measures, including infringement proceedings under Article 226 (ex Article 169) of the EC Treaty, in order to ensure the observance of Community law. However, the case raised by the Honourable Member needs to be assessed in the light of the information which the Commission has requested from the Italian authorities and which has not yet been transmitted. In proceedings under Article 226 of the EC Treaty it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled. It is the Commission's responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption.