WRITTEN QUESTION E-1938/01

by Georg Jarzembowski (PPE-DE) to the Commission

(29 June 2001)

Subject: Funding assistance contract under the PACT programme

A German undertaking was awarded a funding assistance contract (No B2000 B27060 SI12.287878 SubPact 3/2000 Global) granting EU funds from the PACT programme to develop a 45' Europa container that, on the basis of its use in combined transport, had attracted serious interest and widespread approval in the specialist press and from combined-transport operators as a loading alternative for use in goods transport.

Because a delay in implementing the project had not been formally notified by the required deadline to the TREN Directorate-General - Directorate E - owing to the failure of the undertaking concerned to familiarise itself with the strict conditions applicable, the funding assistance contract was terminated by the Commission.

I therefore ask the Commission:

1. In view of the highly promising nature of this project, would it not be possible for the funding assistance contract so terminated to be reactivated? If so, on what terms?

2. What action had the Commission taken to maintain the contract prior to termination by investigating the possibility of non-culpable, or at most negligent, failure by the contracting partner to comply with notification requirements?

Answer given by Mrs de Palacio on behalf of the Commission

(6 September 2001)

The Commission can confirm that it signed on 13 December 2000 a subvention contract within the framework of its PACT-Programme with the company Global Container for the commercial introduction of new 45' containers. According to the terms of Art. 2.2 of the contract commonly agreed between the Commission and the beneficiary, the work had to be terminated on 31 March 2001.

One month after the signature of the contract, Global Container asked for an amendment of the contract, pointing to difficulties in the production of the new equipment. On 21 February 2001, the responsible project officer within the PACT Programme asked in writing Global Container to give more details on the requested amendment in terms of time frame and new work schedule. Global Container did not reply, either in writing or by phone, before the completion date of 31 March 2001. In the later correspondence and phone conversations, Global Container admitted that it failed to respond to the Commission message by oversight.

Based on these facts, the Commission replies to the questions of the Honourable Member as follows:

- Despite the efforts of the Commission's services it was not possible to extend the duration of the contract, as the requested information was not provided by Global Container before the initial contractual completion date chosen by the contractor, i.e. 31 March 2001. In its fax dated 6 April 2001, Global Container recognises the fact that it was too late in providing the requested information to the Commission.

- Nevertheless, the Commission will cover the eligible costs incurred by Global Container in the performance of the contract for the period finishing on 31 March 2001. The final payment is currently being processed after acceptance by the Commission of the final report.

- The Commission's services reacted constructively and timely to the request for an amendment. Obviously, the failure of Global Container to respond to the Commission mail of 21 February 2001 is regrettable for the project. However, the Commission draws the attention of the Honourable Member to the fact that another PACT project is currently running, which also deals with the commercial introduction of innovative 45' units in the market. This project, managed by Danube Container Services, will provide valuable information on this new equipment, and is also followed with interest by media and the market.