WRITTEN QUESTION E-2469/99 by Daniela Raschhofer (NI) to the Commission. Reply to Question E-1056/99.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: Austria, award of contract, insurance company, invitation to tender, property insurance, services contract, supplies contract

C 225 E/140

Official Journal of the European Communities

EN

8.8.2000

As regards this Directive, the Commission can confirm that an infringement procedure pursuant to Article
226 (ex Article 169) of
the EC Treaty was mounted against Austria for failure to communicate
transposition measures. This procedure has since been closed, after notification of the measures in
question.

However, it should be noted that the Court of Justice, in Case C-67/97 on the keeping of a non-indigenous
species of bee on the island of L(cid:230)sł (DK), found that (cid:129) since no implementing measure had been adopted
in the bee sector (cid:129) Directive 91/174/EC was not applicable and so the existing national law remained
applicable, with due regard to Articles 28 and 30 (ex Articles 30 and 36) of the EC Treaty. In this
judgment the Court ruled that a legislative measure prohibiting the keeping on an island such as L(cid:230)sł of
any species of bee other than the subspecies Apis mellifera mellifera must be regarded as justified, under
Article 30 of the EC Treaty (ex Article 36), with a view to protecting the health and life of animals. The
Commission considers that this case law might, under certain conditions, also apply to other territories
larger than the island of L(cid:230)sł.

An examination is now under way to determine whether the requirements for restricting the keeping of
certain species of bees in the Austrian regions concerned have been met.

(2000/C 225 E/152)

WRITTEN QUESTION E-2469/99

by Daniela Raschhofer (NI) to the Commission

(16 December 1999)

Subject: Reply to Question E-1056/99

In its answer to Written Question E-1056/99 (1) of 20 April 1999, the Commission stated that it had asked
the Austrian authorities for information on the type of insurance services, the items covered and existing
insurance contracts.

(cid:129) Has the Commission received this information?

(cid:129) Do Council Directive 92/50/EEC (2) relating to the coordination of procedures for the award of public

service contracts and

(cid:129) Council Directive 93/37/EEC (3) concerning the coordination of procedures for the award of public

works contracts apply here?

(cid:129) What is the outcome with regard to my Written Question of 20 April 1999?

(1) OJ C 348, 3.12.1999.
(2) OJ L 209, 24.7.1992, p. 1.
(3) OJ L 199, 9.8.1993, p. 54.

Answer given by Mr Bolkestein on behalf of the Commission

(20 January 2000)

The insurance services addressed by the Honourable Member concern (cid:145)house insurance(cid:146) for buildings in the
property of the municipality, that are concluded by the town of Vienna with insurance agencies for the
property in possession of the town of Vienna.

As already announced in the Commission(cid:146)s answer to the question of the Honourable Member E-1056/
99 (1), the Austrian authorities were requested to provide further information concerning the nature of the
contract, the threshold of the contract and the duration of the contract. On the basis of the information
provided, the Commission found that the town of Vienna concluded 1850 house insurance contracts with
a duration of 10 years. All but 100 contracts will expire in the year 2001. The insurances concluded by
the town of Vienna can be qualified as services in the meaning of Annexe I A Category 6 (financial
services) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for
the award of public service contracts. The obligation to publish (cid:129) if the threshold is met (cid:129) exists only for
those contracts signed after the accession of Austria to the Community.

8.8.2000

EN

Official Journal of the European Communities

C 225 E/141

During a meeting between the Commission and the Austrian authorities on 3 December 1999, the
municipality of Vienna declared that it will publish all the contracts as of 2001.

(1) OJ C 348, 3.12.1999, p. 149.

(2000/C 225 E/153)

WRITTEN QUESTION E-2473/99

by Brian Simpson (PSE) to the Commission

(16 December 1999)

Subject: Problems of Air Traffic Control

Would the Commission agree that any increase in the average time of flight delays being experienced by
airlines and passengers because of ATC restrictions is totally unacceptable?

Furthermore, would it agree that this is principally the fault of the Member States who have failed to invest
adequately in a modern ATC system, failed to produce a single ATC area covering the EU, failed to agree a
common EU capacity plan and, as a result, are failing the travelling public?

Answer given by Mrs de Palacio on behalf of the Commission

(19 January 2000)

On 1 December 1999, the Commission adopted a communication on the current situation of air traffic
delays and on new initiatives to be taken to provide the Community with the air traffic management
system it needs to ensure the proper functioning of its internal market (1).

The Commission has made a broad analysis of the causes of air traffic delays and their trend during last
years. Several factors contribute to the situation of chronic congestion. The main factor is air traffic control
restrictions as cited by the Honourable Member. It is also widely recognised that the present level of delays
is not sustainable for passengers and airlines and it also may endanger the achievement of Community
objectives, in particular in the field of air transport policy.

The question raised by the Honourable Member, regarding the failure of Member States to provide the
Community sky with a single air traffic control system and the urgent need for remedial actions,
is
answered in this document which has been communicated to the Council and the Parliament.

(1) COM(1999) 614 final.

(2000/C 225 E/154)

WRITTEN QUESTION E-2475/99

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

Subject: Dioxin emission levels of incinerators in the EU

(16 December 1999)

Numerous urban waste incinerators in the Member States are still producing dioxin and furan emissions at
levels exceeding the EU(cid:146)s recommended threshold. According to the first Spanish survey of emissions of
those substances, recently made public by the Spanish Higher Scientific Research Council, certain
incinerators have been registering emissions as high as 1,08 nanograms per cubic metre, while the EU(cid:146)s
recommended threshold is 0,1 nanogram per cubic metre.