WRITTEN QUESTION E-1284/00 by Gerhard Hager (NI) to the Commission. Rescue flight contracts with the main association of Austrian social insurance institutions.
Date: 2000-04-19
Institutions: European Parliament, Provisional data
Subjects: Austria, air transport, exclusive distribution agreement, infringement of EU law, restriction on competition, social security, transport authorisation, transport of patients

C 46 E/164

Official Journal of the European Communities

EN

13.2.2001

hazardous waste for recovery to non-OECD countries. As noted above, from 1 January 1998, no exports
of hazardous wastes to non-OECD countries may occur from the Community.

As for information on illegal shipments, the Commission concluded in its first three-year report on the
implementation of Regulation (EEC) No 259/93 that a whole series of obligations under the Regulation
were not referred to in the questionnaire which served as a basis for the Member States(cid:146) yearly reports.
Therefore, a new additional questionnaire has in the meantime been adopted (Commission Decision 1999/
412 of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to
Article 41(2) of Council Regulation (EEC) No 259/93 (2)). This obliges Member States also to report on
cases of illegal traffic of waste. The information requested in the additional questionnaire will have to be
provided for the first time for the reporting period of the calendar year 2000.

(1) Communication from the Commission to the Council and the Parliament concerning the implementation of
Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the
Community, COM(1998) 475 final.

(2) OJ L 156, 23.6.1999.

(2001/C 46 E/188)

WRITTEN QUESTION E-1284/00

by Gerhard Hager (NI) to the Commission

(19 April 2000)

Subject: Rescue flight contracts with the main association of Austrian social insurance institutions

Further to my Question No E-0137/00 (1) I wish to submit specific supplementary information. As my
research has shown, the problem arises in connection with the closed settlement contracts concluded in
Austria between the Federal Ministry for Internal Affairs and a private-sector association on the one hand
and the main association of Austrian social
insurance institutions on the other, not just from the
inadequate tendering procedure for those contracts. The problem arises more from the fact that direct
settlement between the above bodies has, since 31 March 1995, been concluded without any contractual
basis, whereas the option of direct settlement by other suppliers of such services is rejected by the main
association of Austrian social insurance institutions. It is against that background that I wish to ask the
Commission the following supplementary question:

Does the circumstance that direct settlements between the main association of Austrian social insurance
institutions and the said rescue flight undertakings are concluded without any contractual basis not raise
doubts in the Commission whether these arrangements are compatible with the provisions of Directive 92/
50/EEC (2) of 18 June 1992?

(1) OJ C 280 E, 3.10.2000, p. 183.
(2) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(15 June 2000)

The Commission would refer the Honourable Member to its answer to his Question No E-0137/00, which
also dealt with rescue flight contracts with the main association of Austrian social insurance institutions.

The Commission will be in a position to answer the question raised by the Honourable Member once it
has received the information it is awaiting from the Austrian authorities. The conclusion of a contract does
not, of course, preclude the possibility of an infringement of Council Directive 92/50/EEC of 18 June 1992
relating to the coordination of procedures for the award of public service contracts.