WRITTEN QUESTION E-2861/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Lack of transparency in tendering procedures for Olympic Games projects in Greece.
Date: 2000-09-14
Institutions: European Parliament, Provisional data
Subjects: Greece, Olympic games, application of EU law, works contract

3.4.2001

EN

Official Journal of the European Communities

C 103 E/231

Construction products (and building materials) are also covered by Council Directive 89/106/EEC of
21 December 1989 (2) on construction products. This lays down essential requirements on construction
works and, through interpretative documents (3), these requirements have been converted into performance
characteristics on products. In the case of dangerous substances it is (cid:145)essential requirement No 3(cid:146) that
applies. This means that construction products for permanent installation in construction works shall not
emit dangerous substances. The construction works must be designed and built in such a way that they
will not be a threat to the hygiene or health of the occupants or neighbours.

However, in accordance with the principle of subsidiarity, the construction products directive foresees that
responsibility for the safety of construction works remains within the competence of the Member States. It
follows that the decision to regulate or not for any of the essential requirements of the Directive (including
No 3 in relation to dangerous substances) is a matter for Member States.

Where a substance, such as formaldehyde, is not the subject of harmonisation at Community level under
Directive 76/769/EEC, Member States may regulate it in relation to construction products. However, as
such initiatives could give rise to different requirements, it could be necessary to act either under Directive
89/106/EEC or under Articles 28 and 30 (ex Articles 30 and 36) of the EC Treaty in order to avoid
barriers to trade. The European standardisation body, CEN, is developing harmonised test methods.

The Member States regulate matters of liability for buildings (e.g. design and construction). However,
liability for defective products is regulated at Community level. Council Directive 85/374/EEC of 25 July
1985 on the approximation of the laws, regulations and administrative provisions of the Member States
concerning liability for defective products (4), as amended by Directive 1999/34/EC of the Parliament and
of the Council of 10 May 1999 (5), sets common liability rules in case of damage caused to individuals by
defective goods.
(cid:145)Defective goods(cid:146) is defined in the Directive, which covers also construction products
which are incorporated in a building.

(1) OJ L 262, 27.9.1976.
(2) OJ L 40, 11.2.1989.
(3) OJ C 62, 28.2.1994.
(4) OJ L 210, 7.8.1985.
(5) OJ L 141, 4.6.1999.

(2001/C 103 E/270)

WRITTEN QUESTION E-2861/00

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(14 September 2000)

Subject: Lack of transparency in tendering procedures for Olympic Games projects in Greece

The Commission has reportedly asked for further clarification in connection with two Olympic Games
sites, namely the Olympic Village and the equestrian sports centre, as it
the
transparency of the procedures for awarding the contracts for the work.

is concerned about

1. What were the reasons which led the Commission to ask the Greek Government for further
clarification?

2.

Are the procedures followed in awarding the contracts consistent with Community legislation?

3.

Are there any grounds for annulling the tendering procedure for these two Olympic Games projects?

C 103 E/232

Official Journal of the European Communities

EN

3.4.2001

Answer by Mr Bolkestein on behalf of the Commission

(23 October 2000)

The Commission would like to inform the honourable Member that, as a result of complaints about the
legality of the tendering procedure in connection with the construction of the equestrian events centre at
Markopoulo, it wrote to the Greek authorities on two occasions to request information and clarification.
The matter is still being considered by the Commission.

As for the Olympic Village, following reports in the Greek press and in a spirit of cooperation with the
Member States, the Commission informally asked the Greek authorities for clarification regarding the
award of six contracts for urban studies in connection with the project. The Greek authorities told the
Commission that in the end these contracts were not going to be signed by the relevant minister and
would be abandoned. The Commission has not received any other information on the matter.

(2001/C 103 E/271)

WRITTEN QUESTION P-2893/00

by Francesco Speroni (TDI) to the Commission

(6 September 2000)

Subject: Sex discrimination in relation to dress codes

Does the fact that in some places, without any justification on operational or practical grounds, men are
required to dress in a certain way while women are not
(or vice versa) constitute gender-based
discrimination and thus infringe Article 13 of the Treaty establishing the European Community?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 October 2000)

Article 13 of the EC Treaty authorises the Council, after consulting Parliament, to take appropriate action
to combat discrimination based, inter alia, on sex. This article has no direct effect.

At present, Article 13 does not constitute the legal basis for any Community sex discrimination legislation.

On the other hand, Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of
discrimination based on sex (1) gives the Community definition of indirect discrimination. Article 2.2 of
this directive states that indirect discrimination shall exist where an apparently neutral provision, criterion
or practice disadvantages (FR: affecte; IT: colpiscono) a substantially higher proportion of the members of
one sex, unless that provision, criterion or practice is appropriate and necessary and can be justified by
objective factors unrelated to sex.

For the difference in treatment referred to by the Honourable Member to be regarded as sex discrimina-
it must be shown, on the one hand, to create a disadvantage and, on the other, to be neither
tion,
appropriate and necessary nor justified by such objective factors as social custom.

(1) OJ L 14, 20.1.1998.