WRITTEN QUESTION E-2487/99 by Richard Howitt (PSE) to the Commission. Participation by the Directorate-General for Social Affairs in public procurement policy.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: directive (EU), environmental standard, labour standard, public contract, social legislation, social norm, worker with disabilities, working conditions

C 225 E/146

Official Journal of the European Communities

EN

8.8.2000

As regards the years 1995, 1996 and 1997, the Commission has provided the figures concerning the total
number of vessels in its reply to written questions P-1537/99 and E-1561/99 by Mrs Fraga Estevez (2). The
named lists of vessels, with regard to 1998 and 1999, have been transmitted to the authorities responsible
for fisheries control in the Member States concerned. Taking into account that this information relates to
individual, natural or legal, persons, in accordance with Article 37 of Council Regulation (EEC) No 2847/
93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), the
named lists cannot be published in detail as requested.

As from 1998, the vessels identified on the named lists communicated to the Commission are, with few
exemptions, in both years the same vessels. On the basis of preliminary verifications by the Commission, it
appears that, in the years 1995, 1996 and 1997, a number of vessels used driftnets, as to commence an
opportunistic fishery on tuna. Some of these vessels seem to have abandoned this fishery already after one
season or even after a few fishing trips.

(1) OJ L 171, 17.6.1998.
(2) OJ C 170 E, 20.6.2000, p. 33.
(3) OJ L 261, 20.10.1993.

(2000/C 225 E/159)

WRITTEN QUESTION E-2487/99

by Richard Howitt (PSE) to the Commission

(16 December 1999)

Subject: Participation by the Directorate-General for Social Affairs in public procurement policy

What contribution is the Directorate-General for Social Affairs making in the drafting on the forthcoming
Commission Communiciation on Public Procurement and Social Aspects?

Bearing in mind the law enacted by the City of Madrid favouring public procurement from companies
with a good record of employing people with disabilities and the complaint to the Commission against this
law made by the builders(cid:146) organisation, CNC, will the Commission ensure that the Communication makes
explicit that such affirmative action by local government is both legal and to be encouraged?

What account is the Commission taking in preparing the Communication of the provision of incentives to
companies complying with good social, environmental
labour and human rights standards in third
countries, in line with the European Parliament(cid:146)s resolution (A4-0508/98) (1) on EU standards for European
enterprises operating in developing countries: towards a European Code of Conduct adopted on 15 January
1999?

(1) OJ C 104, 14.4.1999, p. 180.

Answer given by Mr Bolkestein on behalf of the Commission

(4 February 2000)

Although the objectives of the Directives on public contracts are essentially economic in nature, there are
various options for taking into account the pursuit of social objectives, in conformity with Community law
on public contracts. The circumstances in which social criteria can be a factor in the award of public
contracts have already been described in the Green Paper and the Commission(cid:146)s communication on public
procurement in the European Union (11 March 1998 (1)). In order to clarify the principles which apply to
the pursuit of social objectives and the circumstances in which it can be taken into account,
the
Commission intends to draft an interpretative communication for adoption in the course of the year 2000.

As regards the draft decree of the Madrid Regional Government,
the Commission would refer the
Honourable Member to its answer to written question E-185/99 by Mr Carnero GonzÆlez (2). It would,
however, point out that it is difficult, under current law, to apply award criteria relating to the structure of
the enterprise rather than the quality of the tender. There is, however, nothing to prevent the specifications
from laying down conditions for implementation of the contract which take account of the extent to

8.8.2000

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Official Journal of the European Communities

C 225 E/147

which tenderers discharge their social obligations, as long as those conditions do not discriminate against
tenderers from other Member States and there is adequate transparency (for example, by reference to the
conditions in the invitation to tender or in the specifications). Moreover, the Directives on public contracts
provide for candidates who have failed to live up to their social obligations or to observe social legislation
to be excluded from award procedures.

In its present task of drawing up new financial regulations, the Commission intends to make it possible to
exclude candidates who have failed to discharge their social obligations, or who have been involved in
fraudulent or corrupt practices,
from contracts awarded by the Commission or financed from the
Community budget.

(1) COM(98) 143 final.
(2) OJ C 341, 29.11.1999.

(2000/C 225 E/160)

WRITTEN QUESTION E-2489/99

by Robert Evans (PSE) to the Commission

(16 December 1999)

Subject: Greek slaughter houses

Earlier this year Compassion in World Farming (CIWF) filmed inside four Greek slaughterhouses. In two
sheep abbatoirs, no attempt at all was made to stun the animals before throat-cutting; this is in clear
breach of Council Directive 93/119/EC on the protection of animals at the time of slaughter or killing. At
a third Greek sheep abattoir, the animals were stunned, but so ineptly that a proportion of the animals
were regaining consciousness either before or after throat-cutting. At this abattoir, a number of breaches of
Council Directive 93/119/EC (1) were observed. Breaches of the Directive were also observed at a Greek pig
abattoir. These breaches have all been reported by CIWF to the Commission.

What action does the Commission propose to take in respect of
compliance with Council Directive 93/119/EC in Greek slaughterhouses?

these breaches to ensure future

(1) OJ L 340, 31.12.1993, p. 21.

Answer given by Mr Byrne on behalf of the Commission

(28 January 2000)

Veterinary experts from the Commissions food and veterinary office (FVO) have observed shortcomings in
the stunning and killing of animals in slaughterhouses in Greece during missions carried out in November
and December 1998. These reports are published on the web site of the Commission (http://europa.eu.int/
comm/dg24/health/vi/reports/index).

The Greek authorities have been asked by the Commission to take action to ensure that the requirements
of Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of
slaughter or killing (1) are respected. In answer, the Greek Ministry of Agriculture informed the Com-
mission that (cid:145)the Central veterinary service has taken all the necessary administrative measures and made
the greatest efforts in enforcing legislation (Directives 91/628/EEC and 93/119/EEC of 19 November 1991
on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (2))(cid:146).

The Greek Ministry of Agriculture has also scheduled a workshop for the Greek state veterinarians
for February 2000 concerning animal welfare during transport and slaughter.

Another mission to Greece has been planned for the beginning of 2000 to verify the current situation
concerning animal welfare.