WRITTEN QUESTION No. 3231/97 by Konstantinos HATZIDAKIS to the Commission. Irregularities by the Greek Ministry of Culture in awarding contracts for projects funded by the European Union
Date: 1997-10-20
Institutions: European Parliament, HATZIDAKIS
Subjects: Central Greece, EU aid, Greece, anti-discriminatory measure, application of EU law, award of contract, infringement of EU law, provision of services, public contract, works contract













EUR-Lex - 91997E3231 - EN






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91997E3231

WRITTEN QUESTION No. 3231/97 by Konstantinos HATZIDAKIS to the Commission. Irregularities by the Greek Ministry of Culture in awarding contracts for projects funded by the European Union  


Official Journal C 174 , 08/06/1998 P. 0026 





WRITTEN QUESTION E-3231/97 by Konstantinos Hatzidakis (PPE) to the Commission (20 October 1997)Subject: Irregularities by the Greek Ministry of Culture in awarding contracts for projects funded by the European UnionAllegations have been made to the effect that the Greek Ministry of Culture has infringed a number of the provisions of Directive 92/50/EEC ((OJ L 209, 24.7.1992, p. 1. )) and other Community rules for example Article 85 of the Treaty concerning competition, in awarding six contracts to carry out studies for the consolidation of archaeological sites in Athens, a project receiving Community funding.For example, the allegations refer to discrimination between applicants, the fact that the offices to which finally the study was awarded submitted their proposals after the deadline, together with other procedural infringements and irregularities, all of which were disregarded by the Greek Ministry of Culture. Complaints have also been made by the Greek Technical Chamber and one of the injured parties has referred the matter to the Commission, which, nine months later, has not yet replied.Is the Commission aware of this situation and what measures will it take to ensure compliance with Community law, together with transparent and proper use of Community funds by the Greek authorities?Answer given by Mr Monti on behalf of the Commission (7 January 1998)The Greek Ministry of Culture published two invitations to tender, in June 1995 and in March 1996, concerning the award of six contracts to carry out studies for the consolidation of archaeological sites in Athens. The results were announced simultaneously for all the studies in July 1996. In January 1977, one of the applicants who had been eliminated during the tendering stage complained to the Commission that Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts had been infringed.According to the complainant, the contracting authority had infringed the principle of non-discrimination provided for in Article 3(2) of Directive 92/50/EEC because it had rejected certain tenders, including the complainant's, on the grounds of failure to comply with the administrative formalities while, at the same time, accepting other tenders which also had presentational shortcomings.The information provided by the complainant does not reveal any infringement of Directive 92/50/EEC. The complaint concerns purely procedural aspects - compliance of tenders with internal administrative formalities - which applied to all applicants. The complainant does not provide any evidence of discrimination against certain consultancy firms, such as acceptance by the contracting authority of tenders with shortcomings which resulted in other applicants being excluded, a practice which could undermine Directive 92/50/EEC and the principle of non-discrimination.