WRITTEN QUESTION No. 2464/97 by Karin RIIS-JØRGENSEN to the Commission. Rules on public contracts
Date: 1997-07-08
Institutions: European Parliament, RIIS-JOERGENSEN
Subjects: approximation of laws, borrowing, financial market, insurance, investment, public contract, public sector, services contract, single market, works contract

C 82/86

EN

Official Journal of the European Communities

17. 3. 98

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(98/C 82/146)

WRITTEN QUESTION P-2464/97

by Karin Riis-Jłrgensen (ELDR) to the Commission

(8 July 1997)

Subject: Rules on public contracts

There  appear  to  be  problems  of  interpretation  and  a  need  for  clarification  in  regard  to  Directives  92/50 (1),
93/36 (2) and 93/37 (3) concerning the award of public contracts.

To what extent do the rules governing the award of public contracts also cover the public authorities(cid:146) use of
financial services? At present, the Member States interpret these rules differently. Italy, for example, does not
apply the rules in this area, whereas Denmark takes the view that they do apply in this respect.

(1)  OJ L 209, 24.7.1992, p. 1.
(2)  OJ L 199, 9.8.1993, p. 1.
(3)  OJ L 199, 9.8.1993, p. 54.

Answer given by Mr Monti on behalf of the Commission

(9 September 1997)

Community rules on public procurement do, as a starting point, cover the use of financial services by the public
sector. In fact, in its Annex I A Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts (1) mentions (cid:145)Financial services(cid:146), which category explicitly
includes both a) insurance services and b) banking and investment services. Regarding banking and investment
services, Article 1(a)(vii) excludes (cid:145)contracts for financial services in connection with the issue, sale, purchase or
transfer of securities or other financial instruments, and central bank services(cid:146) from the scope of the Directive.

Regarding loans in particular, the Commission is of the opinion that a loan which is not issued in the form of a
negotiable  security  on  the  capital  market  is  not  comparable  to  a  transferable  instrument  and,  as  such,  is  not
excluded from the scope of Article 1(a)(vii) of Directive 92/50/EEC, unless it is floated by a central bank.

It is, however, correct that the application of Directive 92/50/EEC to financial services is subject to differing
interpretations in various Member States. In order to ensure uniform interpretation of these provisions within the
Community which, as the Honourable Member states, is essential, the Commission has taken the initiative to
have  this  issue  examined  in  the  advisory  committee  for  public  contracts,  in  which  all  Member  States  are
represented. To that end, a working document, prepared by the Commission, has been discussed and a written
contribution requested from each Member State. Hitherto, only six Member States › Belgium, Germany, Ireland,
the Netherlands, Austria and the United Kingdom › have contributed. It is nevertheless expected that the issue
will be settled in a forthcoming meeting of the advisory committee.

(1)  OJ L 209, 24.7.1992.