WRITTEN QUESTION No. 976/98 by Armelle GUINEBERTIERE to the Commission. Legality, under European competition law, of the reservation of a quarter of French government and local authority contracts for workers' production cooperatives (WPCs)
Date: 1998-03-30
Institutions: European Parliament, GUINEBERTIERE
Subjects: EU law, France, award of contract, competition law, cooperative, local authority, market-sharing agreement, national law, public contract, restriction on competition

21. 10. 98

EN

Official Journal of the European Communities

C 323/101

Answer given by Mr Marin on behalf of the Commission

(21 April 1998)

The Commission is aware that some 100 000 Bhutanese refugees are living at the Jhyapa and Morang districts in
Eastern Nepal.

The Community is the most important donor. Altogether Community contributions represent a major percentage
of the total aid package. From 1992 to 1997, MECU 13.4 has been allocated mostly for care and maintenance
projects, while relevant assistance has been also provided for humanitarian support and food aid.

The issue at stake at the moment is not the recognition of responsibilities, but the need for a solution which
finally puts an end to the refugees(cid:146) plight. The Commission, which maintains a continuous dialogue with the
governments of Bhutan and Nepal to convince them to reach an agreement, is aware however, that there is not an
easy solution to this problem. Solutions can only result from in-depth dialogue between the involved parties.

(98/C 323/151)

WRITTEN QUESTION E-0976/98

by Armelle Guinebertie‘re (UPE) to the Commission

(30 March 1998)

Subject: Legality, under European competition law, of the reservation of a quarter of French government and

local authority contracts for workers(cid:146) production cooperatives (WPCs)

French  law  on  public  procurement  recognizes  the  existence  of  reserved  rights  for  workers(cid:146)  production
cooperatives (WPCs).

For instance, where government and local authority contracts are concerned (Article 62 et seq. and Article 260 et
seq.  of  the  Public  Procurement  Regulations),  WPCs  are  granted  preferential  treatment  through  the  automatic
reservation of a quarter of any given contract.

Although French law makes procurement open to suppliers throughout Europe, and WPCs in other EU Member
States may therefore bid for contracts, is it permissible for a State to reserve 25% of any contract, on principle, for
suppliers with a particular status? In other words, does this not undermine competition among firms within the
EU, since not all the market in France is open on the same terms?

Answer given by Mr Monti on behalf of the Commission

(5 June 1998)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member and
will inform her of the outcome as soon as possible.

(98/C 323/152)

WRITTEN QUESTION P-0979/98

by Karin Riis-Jłrgensen (ELDR) to the Commission

(18 March 1998)

Subject: Mutual recognition of organic product labelling in the Community

Can the labelling of organic products be mutually recognized in the Community?

Under the present system (Council Regulation (EEC) 2092/91 (1) on organic production of agricultural products
and  indications  referring  thereto  on  agricultural  products  and  foodstuffs),  operators  who  produce  organic
products are subject to an inspection system and must pay the costs of inspection.