WRITTEN QUESTION No. 1830/98 by Bill MILLER to the Commission. Competition regulations for Phare and Tacis funds
Date: 1998-06-12
Institutions: European Parliament, MILLER
Subjects: competition law, economic conversion, interpretation of the law, invitation to tender, project of common interest, public contract, technical cooperation, transparency in decision-making

C 50/100

Official Journal of the European Communities

EN

22.2.1999

(1999/C 50/145)

WRITTEN QUESTION E-1827/98

by Karl-Heinz Florenz (PPE) to the Commission

(12 June 1998)

Subject: Local authority ban on PVC in Germany

A number of local authorities in Germany have for some time now been boycotting products containing polyvinyl
chloride. Because of its versatility, PVC is used in particular in component parts in the construction industry. Its
use in the building industry accounts for over 50 per cent of the PVC market in the Community.

Germany(cid:146)s local authorities are now issuing internal instructions that no more products containing PVC are to be
purchased. In awarding public contracts, i.e. particularly when issuing calls for tenders for construction contracts,
contracts are only to be awarded where PVC-free products are used. In practice, this can amount to a (cid:145)local
authority ban(cid:146) on products containing PVC.

What is the Commission(cid:146)s position on these proceedings from a legal standpoint, particularly with a view to the
provisions of the Treaty on the free movement of goods, state aid and legislation on public contracts? What action
does the Commission intend to take against the proceedings described?

Joint answer
to Written Questions E-1826/98 and E-1827/98
given by Mr Monti on behalf of the Commission

(31 July 1998)

The Commission would inform the Honourable Member that it recently received a complaint from a trader
regarding the policy of a large number of local authorities in Germany of instructing their staff to refrain from
acquiring products containing PVC and to award construction contracts only if PVC-free products are used.

It is currently investigating the complaint in the light of the EC Treaty provisions on the free movement of goods
and of Community legislation on public procurement. It will inform the Honourable Member personally of the
results of this investigation as soon as possible.

(1999/C 50/146)

WRITTEN QUESTION E-1830/98

by Bill Miller (PSE) to the Commission

(12 June 1998)

Subject: Competition regulations for Phare and Tacis funds

Article 12 of the (cid:145)General Regulations for Tender and Award of Service Contracts financed from Phare/Tacis
Funds(cid:146) concerns fair competition in the tendering process.

That article specifies that organizations which have been involved in the preparation of the (cid:145)Terms of Reference(cid:146)
or in (cid:145)defining the activities(cid:146) of the assignment may not participate in the tender.

Would the Commission please confirm that the application of Article 12 is limited to the participation as stated,
i.e. in the Terms of Reference of definition of activities? Is a wider interpretation of the article allowed? If so,
what is the wider interpretation, under whose authority is it applied, and how are tenderers notified of the wider
interpretation? If there is a wider interpretation in us, is a redrafting of the article being considered? Where a
tenderer has, in its prequalification submission, declared a prior involvement in the project (but one that is not
concerned with the preparation of the Terms of Reference) and then is invited to tender, can it be assumed that
Article 12 has not been breached?

Answer given by Mr van den Broek on behalf of the Commission

(1 July 1998)

Article 12 of the (cid:145)general regulations for tender and award of service contracts financed from Phare Tacis funds(cid:146)
was introduced by the Commission with a view to improving the transparency and quality of tender evaluations.