WRITTEN QUESTION No. 976/98 by Armelle GUINEBERTIERE Legality, under European competition law, of the reservation of a quarter of French government and local authority contracts for workers' production cooperatives (WPCs) (SUPPLEMENTARY ANSWER)
Date: 1998-03-30
Institutions: European Parliament, GUINEBERTIERE
Subjects: France, award of contract, common commercial policy, cooperative, restriction on competition

C 27 E/4

Official Journal of the European Communities

EN

29.1.2000

appropriate for creating more jobs in Finland. This position was not aimed at, and nor did it succeed in,
endangering freedom of expression as recognised by Community law.

(2000/C 27 E/004)

WRITTEN QUESTION E-0942/98

by Allan Macartney (ARE) to the Commission

(30 March 1998)

Subject:

(cid:145)Ship-shaped(cid:146) production facilities for oil exploration

Does the Council Directive of 17 September 1990 on the procurement procedures of entities operating in
the water, energy, transport and telecommunications sector cover (cid:145)ship-shaped(cid:146) production facilities for oil
exploration?

Given the revised OECD Understanding on Export Credits for Ships which came into force in 1996, would
such floating vessels be eligible for EU subsidies?

Supplementary answer
given by Mr Monti on behalf of the Commission

(1 July 1999)

Provided that the estimated value of the contracts is above the relevant threshold (ECU 400 000), Council
Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the
water, energy, transport and telecommunications sectores (1), which has replaced Council Directive 90/531/
EEC of 17 September 1990 (2) to which the Honourable Member refers, does apply where a contracting
entity within the meaning of Directive 93/38/EEC purchases,
leases, rents or hire- purchases, with or
without option to buy, (cid:145)ship-shaped(cid:146) production facilities for oil exploration.

The Organisation for economic cooperation and development (OECD) shipbuilding agreement was signed
by the Community, Japan, Korea, Norway and the United States in December 1994. It was ratified by the
Community in December 1995 and should have entered into force on 1 January 1996, but has not yet
done so because of American failure to ratify. Since the (revised) 1994 understanding on export credits on
ships is attached to it, it cannot be implemented yet and the rules of the current 1981 OECD under-
standing continue to apply.

In accordance with Article 3.4 of Council Regulation (EC) 1540/98 of 29 June 1998 on aid to
shipbuilding (3), credit facilities in accordance with the 1981 OECD understanding are regarded as aid
neutral and not counted under the shipbuilding aid ceiling. Whether (cid:145)ship-shaped(cid:146) production facilities
would be eligible for such facilities would depend on whether they are self-propelled seagoing vessels as
defined in the regulation.

(1) OJ L 199, 9.8.1993.
(2) OJ L 297, 29.10.1990.
(3) OJ L 202, 18.7.1998.

(2000/C 27 E/005)

WRITTEN QUESTION E-0976/98

by Armelle GuinebertiŁre (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).