WRITTEN QUESTION No. 2722/97 by Jesús CABEZÓN ALONSO to the Commission. Awarding of contracts for projects cofinanced by the European Union
Date: 1997-09-01
Institutions: CABEZON ALONSO, European Parliament
Subjects: Cantabria, EU control, EU financing, Spain, award of contract, competition law, complaint to the Commission, decontamination, public contract, type of business













EUR-Lex - 91997E2722 - EN






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91997E2722

WRITTEN QUESTION No. 2722/97 by Jesús CABEZÓN ALONSO to the Commission. Awarding of contracts for projects cofinanced by the European Union  


Official Journal C 134 , 30/04/1998 P. 0018 





WRITTEN QUESTION E-2722/97 by Jesús Cabezón Alonso (PSE) to the Commission (1 September 1997)Subject: Awarding of contracts for projects cofinanced by the European UnionA controversy has arisen during the debates of the Regional Assembly of Cantabria (Spain) over the system for assessing the firms submitting tenders in connection with the awarding of contracts for the first phase of the complete restoration of the bay of Santander.Do the Commission services monitor the awarding of contracts for public works cofinanced by the European Union? Has such monitoring been carried out in the case of the above work in the bay of Santander?Answer given by Mr Monti on behalf of the Commission (23 October 1997)The Commission is not able to carry out exhaustive monitoring of all the contracts which have to be awarded in the Member States in accordance with the public procurement Directives. Effective review procedures have consequently been introduced in many Member States under Council Directive 89/665/EEC relating to the application of review procedures to the award of public supply and public works contracts ((OJ L 395, 30.12.1989. )) and under Directive 92/13/EEC relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors ((OJ L 76, 23.3.1992. )). Companies which feel that theyhave been adversely affected by a contract award procedure are thus able to take steps to put their case as quickly as possible at national level. This does not prejudice their right to lodge a complaint with the Commission itself, which may then initiate the procedure provided for in Article 169 of the EC Treaty against the Member State concerned.On the specific question of public contracts relating to projects receiving Community financing, the Commission has a general monitoring role in partnership with the Member States, mainly through the Monitoring Committees. As regards the Santander Bay project, the Commission noted that the authorities had opened up the contract in question to competitive tender through the publication of a contract notice in the Official Journal ((OJ S 124, 29.6.1996. )). No particular problems encountered during the procedure have been brought to its attention. From the information at its disposal, the Commission notes that no company has reported, either to itself or at national level, that its rights might possibly have been adversely affected in the course of that procedure.In any event, the Commission is unaware of any controversy regarding the system for assessing the firms which took part in the contract award procedure for the development of the Bay of Santander.