WRITTEN QUESTION No. 3170/98 by Wilmya ZIMMERMANN to the Commission. Participation by applicant Member States in invitations to tender for construction projects after 1 January 2000
Date: 1998-10-27
Institutions: European Parliament, ZIMMERMANN
Subjects: Central and Eastern Europe, EU Member State, accession to the European Union, competition law, free movement of workers, invitation to tender, labour law, public works













EUR-Lex - 91998E3170 - EN






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91998E3170

WRITTEN QUESTION No. 3170/98 by Wilmya ZIMMERMANN to the Commission. Participation by applicant Member States in invitations to tender for construction projects after 1 January 2000  


Official Journal C 182 , 28/06/1999 P. 0046 





WRITTEN QUESTION E-3170/98by Wilmya Zimmermann (PSE) to the Commission(27 October 1998)Subject: Participation by applicant Member States in invitations to tender for construction projects after 1 January 2000Is it true that from 1 January 2000 firms from applicant Member States, or at least those in the "first wave", will be able to take part in public tendering procedures for construction projects on the same footing as firms from Member States of the European Union, and does this involve a commitment to issue calls for tenders for construction projects of the European Union and of the Member States in the applicant countries, too?Answer given by Mr Monti on behalf of the Commission(15 December 1998)The Community has concluded Europe agreements with all the Central and Eastern European countries (CEECs) which have applied for membership of the European Union (Bulgaria(1), Czech Republic(2), Hungary(3), Poland(4), Rumania(5), Slovak Republic(6), Estonia(7), Latvia(8), Lithuania(9) and Slovenia(10)). The Europe agreements contain rules on public procurement which are almost all identical and specify that undertakings from the CEECs, as from the date of entry into force of the Europe agreement, have in conformity with the relevant community rules full access to tendering procedures for public procurement contracts in the Community, under conditions which are not less favourable than the conditions granted to companies from the Community.The rules on participation in tenders do not affect existing rules of the Member States on employment and the free movement of employees with regard to third country citizens, in particular immigration and labour law rules, in relation to the fulfilment of public contracts.After a transitional period, the length of which varies from one Europe agreement to the other, undertakings from Member States can take part in invitations to tender of public contracts in those countries, under the same conditions as undertakings from the candidate accession countries.The date of 1 January 2000, mentioned by the Honourable Member, is thus not relevant to explain the relations between each candidate country and the Community in the field of public procurement.(1) OJ L 358, 31.12.1994, see Art. 68. It entered into force on 1 February 1995.(2) OJ L 360, 31.12.1994, see Art. 68. It entered into force on 1 February 1995.(3) OJ L 347, 31.12.1993, see Art. 66. It entered into force on 1 February 1994.(4) OJ L 348, 31.12.1993, see Art. 67. It entered into force on 1 February 1994.(5) OJ L 357, 31.12.1994, see Art. 68. It entered into force on 1 February 1995.(6) OJ L 359, 31.12.1994, see Art. 68. It entered into force on 1 February 1995.(7) OJ L 68, 9.3.1998, see Art. 67. It entered into force on 1 February 1998.(8) OJ L 26, 2.2.1998, see Art. 68. It entered into force on 1 February 1998.(9) OJ L 51, 20.2.1998, see Art. 68. It entered into force on 1 February 1998.(10) The Europe Agreement with Slovenia has not entered into force yet.