WRITTEN QUESTION E-1457/00 by Reinhold Messner (Verts/ALE) to the Commission. Renewal of the licence granted to the Italian company Autostrade SpA.
Date: 2000-05-10
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, motorway, service concession

C 53 E/144

Official Journal of the European Communities

EN

20.2.2001

Answer to written question by Mr Solbes Mira on behalf of the Commission

(9 June 2000)

Ever since the Treaty on European Union was ratified, representatives of people with impaired vision have
been closely associated with work to determine the technical specifications for euro coins and bank notes.
The Commission and the Central European Bank have been in regular contact with the European Blind
Union in order to assess training needs and, working with the Member States, to prepare or coordinate
action to meet these needs (training for instructors, preparation of training kits, etc.).

(2001/C 53 E/184)

WRITTEN QUESTION E-1453/00

by Alexander Radwan (PPE-DE) to the Commission

Subject: Tax on vessels entering Greek waters

(10 May 2000)

At the beginning of this year Greece introduced a special tax on vessels entering Greek territorial waters
(Greek State Law No 2743/1999 of 14 January 2000). This tax must be paid by all vessels more than
7 metres in length, regardless of the flag they fly. It is levied at a rate of GRD 2000 per metre of vessel
length and is valid for a stay of up to 30 days. Vessels which have a permanent mooring in a Greek
harbour are exempt from the tax, although this status is forfeited if the vessel remains outside Greek
waters for more than 30 days a year.

Does the Greek tax breach the principle of freedom of movement, since the owner of a vessel with a
permanent mooring in Greece may now only sail outside the country for a maximum of 30 days if he or
she wishes to avoid the tax?

Is it the case that special rules will remain in force until 2001 authorising Greece to levy such a tax on
vessels entering its waters?

Answer given by Mr Bolkestein on behalf of the Commission

(6 June 2000)

The Commission would refer the Honourable Member to its answer to written E-1062/00 by Mr von
Wogau (1).

(1) OJ C 26 E, 26.1.2001, p. 150.

(2001/C 53 E/185)

WRITTEN QUESTION E-1457/00

by Reinhold Messner (Verts/ALE) to the Commission

(10 May 2000)

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

Following a previous question (E-2293/99) (1) on the renewal of the licence granted to the Italian company
Autostrade SpA, which dealt with the issue of the operational risk taken on by the licence holder, the
Commission stated that the activities of the independent committee responsible for the procedures for the
award of the public works contracts in connection with the licence was (cid:145)not likely to alter the element of
risk involved in the management of the construction, since it does not affect the financial plan of the
licence and is merely an additional guarantee for opening up markets to competition(cid:146). The committee,
which was set up at the Commission(cid:146)s request in order to make it possible to renew the licence without
issuing a public invitation to tender, is not in reality independent, since two of its members were chosen
by ANAS (national state-owned road company) and one by the company Autostrade SpA.

20.2.2001

EN

Official Journal of the European Communities

C 53 E/145

How can the Commission go along with the separation between the construction and the operation of
infrastructure, a principle which is not permitted under Italian law (see Law No 463 of 21 May 1955 and
Decree No 537 of 17 April 1948) but which lies behind the setting up of the independent committee
responsible for awarding the Autostrade SpA contracts?

Does the Commission not consider that the fact that the licence holder is represented on the committee of
experts may undermine the committee(cid:146)s independence?

Does the Commission not consider that the link between the licence holder(cid:146)s business activities and its
political responsibilities, which is a basic feature of the committee of experts (appointed by the Public
Works Ministry), will have the effect of restricting the ability of the public authorities to exercise control
over transport policy?

(1) OJ C 225 E, 8.8.2000, p. 89.

Answer by Mr Bolkestein on behalf of the Commission

(26 June 2000)

the formation of

In spite of
the independent committee to which the honourable Member refers,
Autostrade S.p.A. continues to be in charge of the construction and the operation of the infrastructure,
since the committee in question acts solely at the award phase of public works contracts and solely in
order to launch and administer award procedures. This instance does not therefore affect the concept of
works concession laid down in Council Directive 93/37/EEC of 14 June 1993 concerning the coordination
of procedures for the award of public works contracts (1).

This committee was formed solely as a result of the Commission(cid:146)s insistence that competition should be as
open as possible, with the exclusion from such procedures of the licence-holding company and associate
companies.

As for the composition of the committee, however,
the Commission immediately asked the Italian
authorities for information, with a view to checking whether the commitments regarding the impartiality
and independence of the committee had in fact been respected.

(1) OJ L 199, 9.8.1993.

(2001/C 53 E/186)

WRITTEN QUESTION E-1458/00

by Reinhold Messner (Verts/ALE) to the Commission

Subject: Extension of licences to operate motorways in Italy

(10 May 2000)

In reply to a previous question on the extension of motorway licences in Italy (E-2292/99) (1) the
Commission stated that it had initiated two further proceedings and that it had approached the Italian
authorities in order to clarify the various aspects of the issue of the extension of the licences without
public invitation to tender, contrary to the provisions of Directives 92/50/EEC (2), 93/37/EEC (3) and 89/
440/EEC (4). In addition, the Commission stated in its written answer that a meeting was planned with the
Italian authorities responsible and that it had asked all the Member States about existing circumstances
regarding motorway licences. According to media reports, 19 of the motorway licences in Italy are about
to be given the definitive go-ahead.

In the light of these assertions, can the Commission:

(cid:129) Specify which motorway licence extensions in Italy are the subject of the proceedings referred to

above, and say if in the meantime any further proceedings have been initiated?

(cid:129) Say what the outcome of the meeting with the Italian authorities was?