WRITTEN QUESTION No. 1582/97 by Cristiana MUSCARDINI to the Commission. Restructuring of the network of lottery sales outlets in Italy
Date: 1997-05-06
Institutions: European Parliament, MUSCARDINI
Subjects: Italy, application of EU law, automatic game, automation, award of contract, game of chance, invitation to tender, services contract, supplies contract

C 45/54

EN

Official Journal of the European Communities

10. 2. 98

of Article 13(1) of Regulation (EEC) No 2081/92. An exhaustive examination of the labelling of any particular
product would be required to reach such a conclusion, if it was in any instance warranted.

(1)  OJ L 208, 24.7.1992.
(2)  OJ L 182, 3.7.1987.
(3)  OJ L 33, 8.2.1979.

(98/C 45/64)

WRITTEN QUESTION E-1582/97

by Cristiana Muscardini (NI) to the Commission

(6 May 1997)

Subject: Restructuring of the network of lottery sales outlets in Italy

The current network for selling lottery tickets in Italy consists of 4 500 official sales outlets run by monopoly
retailers (tobacconists) or former lottery employees (Law No 123 of 16 March 1987).

A subsequent law (No 85 of 19 April 1990) provided for the gradual extension of this network, which is expected
to bring the number of lottery sales outlets to 15 000.

1.  Have  the  procedures  for  tendering  and  the  selection  of  the  company  responsible  for  restructuring  been

complied with?

2.  Has provision also been made for tendering to supply ticket selling equipment for the 15 000 planned sales

outlets?

3.  Given that a single market exists, can the sales outlets also be set up in other European Community Member

States?

Answer given by Mr Monti on behalf of the Commission

(7 July 1997)

The restructuring of the lottery outlet network in Italy is part of the introduction of a computerised lottery system.

Initially, tenders were invited for the supply of goods and services from entities, companies and consortia in
which the public authorities held a majority stake. The tender notice was not published in the Italian Official
Gazette. As the award procedure was contrary to Community law, the Commission initiated proceedings under
Article 169 of the EC Treaty; this resulted in a Court of Justice judgment ([1994] ECR I-1409) to the effect that
Italy  had  infringed  Articles  52  and  59  of  the  EC  Treaty  and  Council  Directive  77/62/EEC  of  21  Decem-
ber 1976 (1) relating to the coordination of procedures on the award of public supply contracts, as amended by
Council Directive 88/295/EEC of 22 March 1988 (2).

The  Italian  authorities  cancelled  and  re-awarded  the  contract  for  setting  up  the  computerised  lottery  system,
granting the same entity a franchise for a series of tasks until then reserved for the Finance Ministry, as well as a
number of public authority powers concerning the management of the lottery.

The Commission monitored the redefining of the relationship between the Finance Ministry and the franchisee;
at its request, the Italian authorities adopted provisions in 1995 and 1996 clarifying the transfer and exercise of
the aforementioned public authority powers so that they complied with Community law In this connection, the
Italian  authorities  acknowledged  that  the  franchisee  was  a  public-law  body  required  to  abide  by  Community
public procurement legislation in respect of all supply or service contracts.

As regards the proposed arrangements for the supply of lottery terminals for the 15 000 sales outlets referred to
by the Honourable Member, the Commission will ask the Italian authorities to provide the information it needs in
order to give a more detailed answer.

(1)  OJ L 13, 15.1.1977.
(2)  OJ L 127, 20.5.1988.