WRITTEN QUESTION E-2292/99 by Reinhold Messner (Verts/ALE) to the Commission. Extension of licences to operate motorways in Italy.
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: EU law, Italy, award of contract, competence of the Member States, motorway, national implementing measure, restriction on competition, service concession, sustainable mobility, transport planning

C 225 E/88

Official Journal of the European Communities

EN

8.8.2000

By virtue of (cid:129) mostly bilateral (cid:129) conventions, Member States have arranged the distribution of taxing
rights for situations which are not purely domestic. These conventions distribute the taxing rights amongst
the States concerned according to the results of the bilateral negotiations. A generally followed pattern is
the model for a bilateral convention recommended by the Organisation for economic cooperation and
development (OECD). Article 18 of that model has been retained as article 18 of the convention between
Denmark and Spain of 3 July 1972. It provides, subject to different rules for public remunerations and
pensions, that pensions and other similar remuneration paid to a resident of a contracting state in
consideration of past employment shall be taxable only in that Member State.

The same article was included in the convention between Denmark and Portugal of 3 March 1972.
However, this convention has been terminated with effect from 1 January 1995 by Denmark so that
Denmark is no longer bound to leave the exclusive right to tax Danish pensions of emigrants to Portugal.

Notwithstanding the absence of an applicable tax convention, the two Member States are bound by the
EC Treaty principle of free movement within the Community to avoid and eliminate double taxation, at
least by imputing a tax paid in the other Member State on their own charge to tax. Cases have come to the
knowledge of the Commission in which Portugal has indeed refrained from applying its tax rules to Danish
pensions already taxed in Denmark.

(2000/C 225 E/088)

WRITTEN QUESTION E-2292/99

by Reinhold Messner (Verts/ALE) to the Commission

(13 December 1999)

Subject: Extension of licences to operate motorways in Italy

The Italian government is extending the licences granted to all motorway operating companies. Under the
so-called Ciampi-Costa directive (1), licences to operate motorways may be extended on an exceptional
basis in order to settle on-going disputes (failure to bring tariffs into line, recognition of work carried out
for the 1990 World Cup and the Columbus celebrations in 1992 and any other disputes on which an
opinion will have to be requested from the State(cid:146)s legal counsel). In this connection, the agreements, i.e.
the acts which govern relations between the State and the licence holders, will need to be revised before
31 December 1999. Not taking account of the agreement with Autostrade SpA, the government has so far
signed seven extension agreements out of the 19 remaining agreements (2). The agreements are currently
being examined by the Court of Auditors. The outline of the standard agreement between ANAS (state-
owned national road company) and the companies to which licences are awarded,
in which disputes,
tariffs, financial plans, investments and contractual clauses are calculated and quantified, has not even been
subject to examination by the Court of Auditors! In order to justify the extension of the 19 licences, there
are plans to invest 11 418 billion lire in new motorway infrastructure projects, some of which have not
even been authorised, and are thus in conflict with Italian law (3), thereby making the overall transport
plan, which is in the process of being drawn up, irrelevant. Furthermore, as a result of the extensions,
many of the licences will exceed the 30-year limit laid down by the law (4). Moreover, the new law on civil
protection requires licence holders to introduce safety measures for motorway tunnels. This will mean that,
in the near future, agreements on licences currently being entered into will need to be reviewed (5).

1.
Does the Commission not consider that the renewal of the licences breaches the provisions of
Directives 92/50/EEC, 93/37/EEC and 89/440/EEC in that no European public invitation to tender was
issued for the granting of the licences (6)?

Does the Commission not consider that the new infrastructure projects are aimed at justifying the

2.
automatic extension of the licences, and as a result, the motorway monopolies?

3.
Does the Commission not consider that, before granting any extensions, it is first necessary to reform
the Italian motorway operating licence sector in order to implement fully the European legislation in the
area of the public procurement (7)?

8.8.2000

EN

Official Journal of the European Communities

C 225 E/89

How can the Commission accept these extensions, which make it futile to draw up an Overall
4.
Transport Plan to implement Community guidelines on shifting the modal balance and reducing motorised
traffic?

(1) Directive issued by the Ministry of Public Works, in agreement with the Ministry for the Treasury, Budget and

(4)

(3)

(2)

Economic Planning, of 20.10.1998, Protocol No 011790/Treasury Ministry.
The agreements relate to the following routes: Venice-Padua, Autostrada dei Fiori, RAV, Ativa, Turin-Milan,
Serravalle and Brennero SpA. The extensions cover periods of up to 12 years.
The law in force does not allow the licence holders or ANAS to build new sections of motorway unless they are
specifically authorised to do so by law. Law No 376 of 13.8.1975 is in fact still in force and Article 18a thereof
requires the building of new motorways, motorway sections and tunnelling to be suspended pending a
comprehensive reform of the motorway operating licence system. No such reform has taken place.
This time limit appears in all the laws dating from 1955 to the present day, and was confirmed by the recent law
on public procurement (Law 109/94, coordinated with Law 415/98). This absolute time limit is of course also valid
for licences that have been extended.
Law No 226 of 13.7.1999, Article 8a(4), states that the work is to be carried out by the operating companies and
that specific funds shall be set aside in the financial plans, which shall be brought into line within six months.
(6) OJ L 209, 24.7.1992, OJ L 199, 9.8.1993 and OJ L 268, 15.9.1989. Under Directive 89/440/EEC, public works
contracts are awarded in the ordinary way in accordance with the restricted invitation to tender procedure, while
Directive 93/37/EEC provides for a European invitation to tender for the award of construction and operation
contracts.
his sector has been awaiting reform since 1975, when the Odorisio Commission set up by the Public Works
Ministry uncovered the increasing level of indebtedness of the companies operating in the sector and the building
of new motorway sections was suspended (Law No 376 of 13.8.1975). The suspension law also provided for the
introduction of a law reforming the entire system by 1980, but no such law has been adopted.

(7)

(5)

Answer given by Mr Bolkestein on behalf of the Commission

(20 January 2000)

The Commission has started two new procedures concerning the extension of motorway licences in Italy.
The Italian authorities have been contacted to clarify various aspects of the matter. These cases will be
discussed at a forthcoming meeting with the authorities in Rome.

Furthermore, the Commission has asked all the Member States about existing circumstances regarding
motorway licences, in order to get an overall view of this problem that has significant social and economic
implications. Should infringements of Community law be detected, the Commission will not hesitate to
pursue the matter under the procedure provided for under Article 226 (ex Article 169) of the EC Treaty.

The Commission is fully committed to the promotion of (cid:145)sustainable mobility(cid:146) within the Community, by
encouraging the development of transport systems that are efficient and environment-friendly, as well as
being safe and socially acceptable. The action programme (cid:145)Sustainable mobility: perspectives for the future(cid:146)
indicates the initiatives that the Commission plans to take along these lines. However, responsibility for the
development of national framework programmes for transport infrastructure lies with the Member States.
It is the job of the Commission to ensure compliance with the relevant Community legislation.

(2000/C 225 E/089)

WRITTEN QUESTION E-2293/99

by Reinhold Messner (Verts/ALE) to the Commission

(13 December 1999)

Subject: Extension of the licence granted to the Italian company Autostrade SpA

The Italian government has approved by decree the extension of the licence granted to Autostrade SpA
from 2018 to 2038 (1), despite the negative opinions of the Court of Auditors and the Competition and
Market Regulatory Authority (2) which led the Court to register the relevant ministerial decrees subject to
reservations, a procedure which requires the Italian Parliament to give its opinion. No such opinion has
been issued (3). The reasons behind the negative opinions are the inapplicability of the generalised 20-year