WRITTEN QUESTION No. 3663/97 by Carlo RIPA DI MEANA to the Commission. Contract for planned new eastern by-pass
Date: 1997-11-19
Institutions: European Parliament, RIPA DI MEANA
Subjects: Latium, application of EU law, expressway, invitation to tender, provision of services, public contract, road building, works contract

8. 6. 98

EN

Official Journal of the European Communities

C 174/93

In  1995  the  Community  co-financed  a  feasibility  study  for  the  Adriatic  corridor  with  1  MECU  under  the
TEN-transport budget line (B5-700).

According to information in the Commission(cid:146)s possession the call for tender for the feasibility study was closed
in June 1997 and the study will be completed in 1998.

As a general rule the national authorities and the Commission perform a technical and financial appraisal of
feasibility studies after completion of the study when a claim for the payment of the last tranche of Community
support is introduced.

The Commission expects to adopt a report on the integration of seaports, inland ports and intermodal terminals in
the trans-European transport network this year.

(1)  OJ L 228, 23.9.1995.

(98/C 174/145)

WRITTEN QUESTION E-3663/97

by Carlo Ripa di Meana (V) to the Commission

(19 November 1997)

Subject: Contract for planned new eastern by-pass

A question by Councillor Adriana Spera to the Mayor of Rome, Francesco Rutelli, indicates that when awarding
the contract (amounting to more than LIT 6 billion) for the planned new eastern by-pass to Ferrovie dello Stato
Rome town council infringed the provisions of Directive 92/50/EEC (1) which was transposed into Italian law by
decree law No 157/95. Rome town council awarded the contract by private negotiated procedure without using
the European tendering procedure, wrongly assuming that the contract in question was one of those (cid:145)excluded(cid:146).
Since  both  Councillor  Spera  and  Usicons  (consumers(cid:146)  association)  brought  the  matter  to  the  Commission(cid:146)s
attention has the Commission done anything and, if so, with what result?

Does the Commission consider that the Mayor of Rome overturned the decision to award the contract to Ferrovie
dello Stato by assigning it, again by private negotiated procedure, to S.T.A., a company entirely controlled by
Rome town council, which deals with the removal of illegally parked cars but not with planning and cannot
therefore enter into private negotiations as a body with exclusive rights in the area covered by the contract?

(1)  OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Monti on behalf of the Commission

(6 January 1998)

On 17 March 1997 the Commission sent the Italian authorities a request for information in which it expressed its
concern  regarding  the  compatibility  with  Community  legislation  of  the  contract  for  the  design  of  the  bypass
awarded to Ferrovie dello Stato S.p.A. The Italian authorities gave their observations on 2 October, indicating
that they were now looking into alternative solutions.

The  Commission  had  meanwhile  been  informed  that  the  Rome  town  council  had  taken  a  new  decision  on
1  August  repealing  the  earlier  decision.  On  24  October  it  sent  the  Italian  authorities  a  further  request  for
information concerning the new decision in which it pointed out that it also entertained misgivings as to the
compatibility of the new contract, which had been awarded to STA S.p.A., with Community public procurement
legislation, and in particular Directive 92/50/EEC coordinating award procedures for public service contracts.