WRITTEN QUESTION No. 4217/97 by Cristiana MUSCARDINI to the Commission. Infringement of the Directive on the award of public service contracts
Date: 1998-01-21
Institutions: European Parliament, MUSCARDINI
Subjects: Italy, award of contract, infringement of EU law, public contract, works contract

C 354/2

EN

Official Journal of the European Communities

19. 11. 98

So  that  businesses  would  have  time  to  bring  their  premises  and  equipment  up  to  the  standards  required  by
Directive 92/46/EEC, the Council adopted Directive 92/47/EEC of 16 June 1992 on the conditions for granting
temporary and limited derogations from specific Community health rules on the production and placing on the
market  of  milk  and  milk-based  products,  allowing  the  Member  States  to  grant  exemption  from  certain
requirements of Directive 92/46/EEC until 1 January 1998, on condition in particular that the establishments
applying for exemption also submitted a work plan and programme indicating the period within which it would
be possible for the establishment to comply with the requirements of Directive 92/46/EEC. Pursuant to Article 1
of Directive 92/47/EEC, all establishments were bound to comply with the requirements of Directive 92/46/EEC
from 1 January 1998.

In addition to setting standards for premises, equipment and procedures, the Directive 92/46/EEC also requires
that  the  products  containing  milk  satisfy  the  microbiological  criteria  set  out  in  Chapter  II  of  Annex  C.
The microbiological  criteria  established  for  Listeria  monocytogenes  and  for  Staphylococcus  aureus  bacteria,
applicable  to  milk-based  products  on  removal  from  the  processing  establishment,  are  intended  to  protect
consumers  from  intoxication  and  poisoning.  If  the  thresholds  laid  down  in  the  Directive  are  exceeded,  the
authorities must deal with the milk-based products cocnerned so as to safeguard human health. If a germ count
higher  than  that  allowed  by  Chapter  II  of  Annex  C  were  tolerated  in  certain  milk-based  products,  the
wholesomeness of milk products would be compromised and European consumer protection would be adversely
affected. The Commission therefore has no plans to propose any change to these microbiological criteria.

(98/C 354/02)

WRITTEN QUESTION E-4217/97

by Cristiana Muscardini (NI) to the Commission

(21 January 1998)

Subject: Infringement of the Directive on the award of public service contracts

Does the Commission know about the decision of Mantua town council of 18 November 1997 confirming

1.
the award of the contract for the design of the new Palace of Justice building?

Can  it  assess  whether  the  procedures  followed  by  the  council  contravene  the  provisions  of  Directive
2.
92/50/EEC (1) and Article 26 of Legislative Decree No 157/1995 implementing that directive, in view of the fact
that the design contract was not put out to tender?

How does it intend to react to the report submitted to it by the leaders of the minority on Mantua town

3.
council?

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

Answer given by Mr Monti on behalf of the Commission

(16 February 1998)

1.
The  Commission  has  received  a  complaint  from  the  opposition  members  on  the  Mantua  town  council
concerning  the  design  of  the  new  Palace  of  Justice  building  and  is,  therefore,  aware  of  the  town  council(cid:146)s
deliberations.

It is examining the documents sent in support of the complaint in order to ascertain whether the procedures

2.
followed comply with Community public procurement rules.

It will check whether, in this case, the conditions necessary for initiating proceedings against Italy under

3.
Article 169 of the EC Treaty for failure to comply with its obligations are met.