WRITTEN QUESTION No. 1329/97 by Giacomo SANTINI to the Commission. Directive 92/50/EEC on public service contracts
Date: 1997-04-10
Institutions: European Parliament, SANTINI
Subjects: award of contract, discriminatory price, equal treatment, freedom to provide services, public contract, restriction on competition, single market, tendering, type of business

C 21/42

EN

Official Journal of the European Communities

22. 1. 98

(98/C 21/118)

WRITTEN QUESTION E-1319/97

by Gerhard Schmid (PSE) to the Commission

(11 April 1997)

Subject: Retransmission of BSE from cattle to sheep

According to scientific findings to date, the threat of the BSE epidemic being retransmitted from cattle to sheep
cannot be ruled out.

1. 

Is it true that a document by the EU Scientific Veterinary Committee has been available since 21 October
1996 recommending that at least material posing a risk such as brains, eyes and spinal cords from sheep,
goats and cattle should be removed from the food chain in all countries in which there have been cases of
BSE?

2. 

If so, why has the Commission not yet acted on this recommendation?

Answer given by Mr Fischler on behalf of the Commission

(2 June 1997)

The scientific veterinary committee advised, in its opinion of 21 October 1996, that certain tissues of bovine,
ovine and caprine origin should be removed from the human and animal food chains in countries or regions
where there is a potential risk. The committee was unable to exclude the possibility of a risk in any Member State.

The Commission, on the basis of this advice, put forward a proposal for a decision on 11 December 1996 to
ensure that these tissues were removed in the abattoir and destroyed, throughout the Community. This proposal
failed  to  obtain  a  qualified  majority  in  favour  from  the  standing  veterinary  committee.  Under  the  rules  of
procedure, it was sent to the Council, where it was rejected on 17 December 1996 by a simple majority.

The round of inspections in Member States, carried out in late 1996, has identified some deficiencies in the action
taken  against  bovine  spongiform  encephalopathy.  The  Commission  therefore  is  considering  further  action,
including submission of a new proposal on similar lines to that made in December 1996.

(98/C 21/119)

WRITTEN QUESTION P-1329/97

by Giacomo Santini (UPE) to the Commission

(10 April 1997)

Subject: Directive 92/50/EEC on public service contracts

Since the entry into force of Directive 92/50/EEC (1) and of Legislative Decree No 157 of 17 March 1995 giving
effect to that Directive, almost all public service contracts have been awarded to the lowest tenderers.

This is leading to an imbalance in the market, as pirate companies are being awarded contracts at prices which
bear no relation to the real costs which must be borne by a firm operating properly on the market.

Article 25 of Legislative Decree No 157 of 17 March 1995 stipulates that abnormally low tenders (i.e. those
which are more than one fifth lower than the average of the tenders submitted and admitted) shall be verified by
the contracting authority. This happens regularly but, given that no official assessment criteria have been laid
down, the contracting authority is not in a position to determine whether a tender is abnormally low or not and so
the contract is awarded even if the tender in question is 50% lower.

1. What steps does the Commission intend to take to ensure that such tenders are deemed abnormally low and
accordingly rejected?

2. What steps does it intend to take to ensure that a firm can take part in tendering procedures on the basis of
its  technical  and  financial  merits  without  being  excluded  by  a  contracting  authority  for  which  it  has  never
previously provided services?