WRITTEN QUESTION E-1431/99 by Gary Titley (PSE) to the Commission. Contracts awarded by the Commission to external consultants.
Date: 1999-09-01
Institutions: European Parliament, Provisional data
Subjects: European Commission, administrative transparency, contract, management audit, public contract, supervisory power

20.6.2000

EN

Official Journal of the European Communities

C 170 E/11

The total available budget from the Community for the Interreg IIA programme Austria-Slovenia for the
period 1995-1999 is € 8 911 657. K(cid:228)rnten is entitled to € 4 078 318 of this budget and Steiermark to
€ 4 833 339 The Commission paid until now € 4 879 800 to Austria. A total amount of Austrian
Schilling 25 217 184 (€ 1 832 600) was forwarded by the federal government to the Land K(cid:228)rnten.

150 projects are supported by the Interreg IIA programme, of which 54 have been finished. Since the
selection of projects is decentralised to the Member States and regions, the Commission does not have in
its possession the list of projects which have been submitted, but rejected.

All projects have to meet general selection and priority criteria at programme level and specific selection
and priority criteria at measure level mentioned in the programme. The selection and priority criteria are
agreed between the Member State and the Commission.

The Commission has no information suggesting that there is a connection between the approval of
projects in Slovenia and the rejection of projects in K(cid:228)rnten. It should be noted that Interreg and PHARE
CBC are in budgetary terms two separat and distinct financial instruments. Slovenian border projects can
only be supported by the PHARE CBC programme, whereas border projects in K(cid:228)rnten are supported by
the Interreg programme.

(2000/C 170 E/011)

WRITTEN QUESTION E-1431/99

by Gary Titley (PSE) to the Commission

(1 September 1999)

Subject: Contracts awarded by the Commission to external consultants

Would the Commission indicate the nature and effectiveness of the internal control procedures it uses to
verify that tenders for studies are awarded in an entirely objective manner, particularly when a restricted
tender procedure is used?

Would the Commission comment on the appropriateness of using a restricted tender process for awarding
studies whose conclusions are likely to influence significantly new legislative proposals?

Answer given by Ms Schreyer on behalf of the Commission

(28 October 1999)

When awarding public contracts for studies in particular, the Commission applies the general principles of
equal treatment and transparency set out in the EC Treaty, irrespective of the award procedure or contract
size. It must also abide by the Community Directives on public procurement (Council Directive 93/0036/
EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (1), Council
Directive 93/0037/EEC of 14 June 1993 concerning the coordination of procedures for the award of
public works contracts (2) and Council Directive 92/0050/EEC of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts (3)), by the agreements on public procurement
concluded in the context of the World Trade Organisation and the European Economic Area and by the
rules applying in individual sectors, as laid down in various legislative instruments. These various
principles and rules are also incorporated in detail in the Financial Regulation (4).

One important aspect of compliance with the principles of equal treatment and transparency concerns the
publicity given to contracts. The public procurement Directives provide for contracts over a certain
threshold to be publicised via a single medium (the Official Journal of the European Communities), but the
Commission is also encouraged to publish contract notices elsewhere, in particular on the Internet.

These different legal rules set a number of thresholds which must be observed. Contracts with an estimated
value of less than € 13 200 may be concluded by private treaty. If the value is between € 13 200 and

C 170 E/12

Official Journal of the European Communities

EN

20.6.2000

€ 49 999, at least three tenders must be considered before a contractor is chosen. If the value is between
€ 50 000 and € 133 914, the contractor is chosen after an invitation to tender following a selection
procedure which is generally based on an initial call for expressions of interest. The public procurement
Directives must be applied in the case of contracts worth over € 133 914, since all study contracts are
covered by Annex IA to the service contracts Directive (except certain contracts in category 8 (research
and development)).

Prime responsibility for conducting award procedures objectively and in accordance with the rules rests
with the authorising officers in the various Directorates-General. As part of the SEM 2000 (Sound and
the financial units in each Directorate-General were given a more
efficient management) exercise,
substantial role with a view, among other things, to improving the Commission(cid:146)s contractual practices.

All contracts worth over € 46 000 and not related to external aid are referred to the Commission(cid:146)s
Advisory Committee on Purchases and Contracts, which checks that the relevant principles and rules have
been followed.

Financial Control carries out selective ex ante checks on budgetary commitments relating to contracts,
which cover, among other things, compliance with the rules on the award of contracts. Award procedures
are also subjected to scrutiny by way of internal audits carried out by Financial Control.

The Secretariat-General
is responsible for general coordination of all studies proposed by Commission
departments, the aim being to avoid duplication and improve transparency between Directorates-General.
When a contractual commitment is made, the study is entered in the ADAM database, which includes all
studies undertaken by the Commission and is accessible to the public.

Finally, once a study has been completed, a factsheet must be drawn up containing the following
title, brief summary, evaluation and publication references (if any). The study,
information: subject,
together with the factsheet and final payment order,
is then placed in the historical archives of the
Secretariat-General, which endorses the payment order and submits it to the Financial Controller for his
approval before payment.

As regards the choice of the restricted procedure, the public procurement Directives impose no limits on
cases where it may be applied, thereby putting it on a par with the open procedure. A restricted procedure
can be a judicious choice from the point of view of both the need to attract tenders of a high standard and
administrative efficiency. Nevertheless, it is crucial that candidates are chosen on the basis of objective
criteria. The Honourable Member is asked to notify the Commission, whenever he sees fit, of any case
where use of a so-called restricted procedure has led to unfair competition.

(1) OJ L 199, 9.8.1993.
(2) OJ L 199, 9.8.1993.
(3) OJ L 209, 24.7.1992.
(4) OJ L 356, 31.12.1977.

(2000/C 170 E/012)

WRITTEN QUESTION E-1434/99

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(1 September 1999)

Subject: European defence industry (cid:129) Companies in the Spanish military naval sector (cid:129) The case of

BazÆn (Ferrol)

In the Commission Communication of December 1997 on the situation of the defence-related industries
(COM(97) 0583 final) the establishment of an integrated European market for defence products is regarded
as essential and a global approach (in the form of an action plan for a European armaments policy) is
proposed for the purpose of implementing such a strategy.

The common position proposed at that time by the Commission was to be revised eighteen months later
and that time limit has just recently expired.