WRITTEN QUESTION P-2950/00 by Elspeth Attwooll (ELDR) to the Commission. Compliance with public procurement legislation.
Date: 2000-09-11
Institutions: European Parliament, Provisional data
Subjects: application of EU law, intra-EU trade, public contract

C 89 E/226

Official Journal of the European Communities

EN

20.3.2001

3. and 4. Member States are under an obligation to implement the directive on time. They cannot
therefore postpone the introduction of the necessary legislation. However, as noted above, it normally
takes national patent offices quite some time to examine patent applications. The Court(cid:146)s judgment in the
main case is therefore likely to intervene before any patents are finally granted under the directive.
Moreover, in terms of Community law, it is open to any Member State to make the grant of such a patent
conditional on the validity of the directive being upheld.

(1) OJ L 213, 30.7.1998.

(2001/C 89 E/258)

WRITTEN QUESTION P-2950/00

by Elspeth Attwooll (ELDR) to the Commission

(11 September 2000)

Subject: Compliance with public procurement legislation

for

two public procurement directives

The proposals
that were published in May this year
(COM(2000) 0275 and COM(2000) 0276, recently amended by subsequent corrigenda, seek to simplify
legislation in the area of public procurement. There is, however, evidence to suggest that non-compliance
with current legislation in this area is widespread. Whilst the Commission has previously acknowledged
that such problems exist, neither of the proposals fully addresses this issue.

What action is the Commission planning to take in order to enhance compliance with public procurement
legislation. Does it foresee the possibility of appropriate amendments being made to the proposals
currently under consideration?

Answer given by Mr Bolkestein on behalf of the Commission

(2 October 2000)

As stated by the Honourable Member, the Commission has realised that there is a need to increase
compliance with the current Community rules on public procurement. However, the Commission also
believes that non-compliance is to a large extent caused by a lack of knowledge and understanding of the
rules. It therefore sees the effort of clarification and simplification of the provisions, which is one of the
main characteristics of the two proposals (1) it has presented to the Parliament and the Council, as a means
which should enhance compliance with the rules.

The reasons for this are several. On the one hand, the requirements for contracting authorities and entities
will be easier to understand, and, on the other, the Commission will be able to focus more intensively on
the enforcement of clear rules. A further advantage in this respect is that interested parties, participants or
potential participants in specific award procedures, will be able to pursue their rights better at national or
Community level.

(1) COM(2000) 275 final COM(2000) 276 final.

(2001/C 89 E/259)

WRITTEN QUESTION P-3056/00

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Ending of support for indigenous breeds in Portugal

(22 September 2000)

Support for indigenous breeds has played a key role in preserving endangered species, thereby helping to
improve the quality of meat production and enhance its image in the eyes of consumers. The aid has done
a great deal to revitalise the agricultural sector in certain less favoured regions in Portugal(cid:146)s rural heartland.