WRITTEN QUESTION No. 631/97 by Jaak VANDEMEULEBROUCKE to the Commission. Calls for tenders by the European Union
Date: 1997-03-04
Institutions: European Parliament, VANDEMEULEBROUCKE
Subjects: European Commission, application of EU law, company structure, competition law, equal treatment, inter-company cooperation, invitation to tender, public contract













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91997E0631

WRITTEN QUESTION No. 631/97 by Jaak VANDEMEULEBROUCKE to the Commission. Calls for tenders by the European Union  


Official Journal C 373 , 09/12/1997 P. 0022 





WRITTEN QUESTION E-0631/97 by Jaak Vandemeulebroucke (ARE) to the Commission (4 March 1997)Subject: Calls for tenders by the European UnionTo what extent does the Commission look into the ownership structure of companies submitting tenders?If the Commission does not do so, how can it establish that there is no conflict of interests?Answer given by Mr Monti on behalf of the Commission (12 May 1997)Under the public procurement Directives, the Commission departments allow any company to submit tenders following publication of a tender notice in the Official Journal. The Directives do not lay down any obligations regarding the ownership structure of companies submitting tenders, with the exception of the provisions on groups of suppliers, which are included in each of the Directives.Under these provisions, which are virtually identical in all the Directives, tenders may be submitted by groups of suppliers. These groups may not be required by the contracting authorities to assume a specific legal form in order to submit the tender; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract (Article 18 of Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts ((OJ L 199, 9.8.1993. )), Article 21 of Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts ((OJ L 199, 9.8.1993. )), Article 26 of 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. )) and Article 33(1) of Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors ((OJ L 199, 9.8.1993. ))).The Commission therefore ensures that its departments, like all the contracting authorities in the Member States, allow these groups to submit tenders and that the latter are not required to assume a legal form in order to do so. However, in accordance with Community law, its departments may require the group winning the contract to assume a specific legal form.The Commission understands 'conflict of interests' as referring to a situation in which a company has special links with a contracting authority that are conducive to its being awarded public contracts by that authority. Under existing Community law, there is nothing to prevent entities requesting or accepting an opinion which could be taken into account in drawing up specifications for a given contract from a business that might take part in that contract. Community law prohibits such a step only where it has the effect of undermining the principle of equal treatment and, in particular, of preventing competition. To that extent, the Commission ensures that, in the cases of which it is aware, there is no conflict of interest as referred to by the Honourable Member.