WRITTEN QUESTION No. 2378/98 by Ernesto CACCAVALE to the Commission. Infringement of the legislation on public service contracts
Date: 1998-07-27
Institutions: CACCAVALE, European Parliament
Subjects: Italy, administrative transparency, award of contract, free competition, invitation to tender, provision of services, public contract, works contract

C 50/144

Official Journal of the European Communities

EN

22.2.1999

(1999/C 50/216)

WRITTEN QUESTION P-2362/98

by Graham Mather (PPE) to the Commission

(15 July 1998)

Subject: Salary of the President of the European Central Bank

Does the Commission consider it acceptable that the salary of the President of the European Central Bank should
not be public knowledge?

Does the Commission have any comments to make on this matter?

Answer given by Mr de Silguy on behalf of the Commission

(31 July 1998)

Under the EC Treaty, the Commission has no competence regarding the determination of the terms and
conditions of employment of the members of the executive board of the European central bank (ECB).

In accordance with Article 11.3 of the European system of central banks/ECB statute, the salary and the other
terms and conditions of employment of the president of the ECB and the other members of the executive board
have been fixed by the governing council of the ECB on a proposal from a committee comprising three members
appointed by the governing council and three members appointed by the Council. They are laid down in contracts
between the ECB and the members of the executive board.

The Commission therefore has no comments to make, either on the terms and conditions of employment of the
ECB president or other members of the executive board.

(1999/C 50/217)

WRITTEN QUESTION E-2378/98

by Ernesto Caccavale (UPE) to the Commission

(27 July 1998)

Subject: Infringement of the legislation on public service contracts

By a decision of 1988, the Borough Council of San Giorgio del Sannio, in the province of Benevento, awarded
Italgas Sud the concession for the design and construction of the gas distribution network on its territory for a
period of 30 years. By decision of 15 October 1997, the Borough Council approved a new plan proposing the
amendment of the above-mentioned arrangement which in fact amounts to a completely new concession because
of the substantial changes in the prices and time-limits laid down in the contract.

This is in flagrant breach of Directive 92/50/EEC (1) on public service contracts and of the Community provisions
on free competition, as well as in breach of Article 21 of the 1995 Italian Law No 216 which governs the same
subject. Pursuant to these provisions, all contracts must be awarded on the basis of the economically most
advantageous offer and where the value of the work is equal to or more than ECU 5 million a transparent public
invitation to tender must always be issued.

Does the Commission believe, therefore, that it is necessary and advisable to check that the procedure followed
by the above-mentioned borough council was lawful, bearing in mind that it clearly does not comply with the
criteria that administrative measures should be economic, transparent and public, since, in flagrant breach of the
principle of free competition, no invitation to tender was issued which would have enabled all eligible
undertakings to take part on an equal footing in the tender procedure.

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

Answer given by Mr Monti on behalf of the Commission

(19 October 1998)

The Commission has asked the Member State concerned for information regarding the facts raised to by the
Honourable Member. It will inform him of its findings.