WRITTEN QUESTION No. 2118/98 by Glenys KINNOCK to the Commission. Appointment of consultants
Date: 1998-07-10
Institutions: European Parliament, KINNOCK
Subjects: EU programme, Lomé Convention, administrative transparency, appointment of staff, award of contract, invitation to tender, self-employed person, services contract, supplies contract, works contract

C 118/30

Official Journal of the European Communities

EN

29.4.1999

representing a danger for the health and safety of consumers, including product withdrawal where
necessary.

(1) OJ C 40, 12.2.1996.
(2) OJ L 228, 11.8.1992.

(1999/C 118/035)

WRITTEN QUESTION E-2118/98

by Glenys Kinnock (PSE) to the Commission

(10 July 1998)

Subject: Appointment of consultants

Would the Commission clarify how it decides on the appointment of consultants to assist with projects
under PHARE, TACIS and LOM(cid:201)?

Is it the case that limits are placed upon the number of consultants appointed from individual Member
States?

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

(30 September 1998)

The procurement of services in Phare and Tacis is carried out in accordance with the Financial Regulation
No 2335/95 of 18 September 1995 (1) and the Phare and Tacis Regulations (2). They foresee restricted
tendering as the normal procedure for services. Participation in tendering procedures is open on equal
terms to all natural and legal persons in the Member States and to all natural and legal persons in the
recipient states. The procedures are designed to guarantee as wide a participation as possible, on equal
terms and with a high degree of transparency.

In accordance with the above considerations, service projects are announced on Internet, and Tacis
projects are also published in the Official journal. Following a pre-qualification of the expressions of
interest submitted, service contracts are tendered through a restricted tender. Tender evaluation follows
pre-selected criteria and procedures which ensure that the economically most advantageous (combination
of quality and price) offer is proposed for the award of contract. Supply and works projects are announced
in the Official journal for open tendering in compliance with the requirements of the Financial Regulation
and the Phare and Tacis Regulation.

Under Phare and Tacis, there exist no limits on the number of consultants from individual Member States.
Furthermore, contracts financed from Tacis funds are open on equal terms to all natural and legal persons
of the Member States and of the Tacis partner states. Eligible contractors may also be natural or legal
persons of countries benefiting from Phare as well as, in specific cases, of Mediterranean countries with
traditional economic, trade or geographical links, provided that the Commission approves on a case-by-
case basis, if the programmes concerned require forms of assistance specifically available in such
countries.

Under the LomØ Convention, the rule is also restricted tendering, with possible exceptions in certain cases.
Individual experts are selected on the basis of a direct agreement procedure, after a restricted consultation,
or chosen on the basis of a database established after a call for application (3).

Nationality is limited to the Union and African Caribbean and Pacific (ACP) countries. There are no quota
systems, although the Commission aims to arrive at a participation which is a much as possible balanced
between experts and bureaux of all Member States and all ACP states concerned, replying to the formal
qualifications as foreseen in Article 278 of the LomØ Convention.

(1) OJ L 240, 7.10.1998.
(2) OJ L 375, 23.12.1989 and OJ L 165, 4.7.1996.
(3) OJ C 342, 12.11.1997.