WRITTEN QUESTION E-3028/00 by Isidoro Sánchez García (ELDR) to the Commission. Uptake of Cohesion Fund project commitment appropriations.
Date: 2000-09-26
Institutions: European Parliament, Provisional data
Subjects: Cohesion Fund, Community budget, Greece, Ireland, Portugal, Spain, implementation of the budget

C 103 E/236

Official Journal of the European Communities

EN

3.4.2001

(2001/C 103 E/276)

WRITTEN QUESTION E-2992/00

by Daniela Raschhofer (NI) to the Commission

(20 September 2000)

Subject: Directive 89/665/EEC on review procedures concerning the award of public contracts

Have the provisions of the Upper Austria Provincial Law on the Award of Contracts relating to the
1.
individuals, governed by Directive 89/665/EEC (1) on the application of review
legal protection of
procedures to the award of public supply and public works contracts, been duly amended in transposition
of the Directive?

2.

If so, why? If not, why not?

How many sets of proceedings for Treaty violations have so far been initiated against Austria in

3.
connection with the directives on the award of public contracts?

(1) OJ L 395, 30.12.1989, p. 33.

Answer given by Mr Bolkestein on behalf of the Commission

(26 October 2000)

1.
Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations
and administrative provisions relating to the application of review procedures to the award of public
supply and public works contracts was transposed by the Province of Upper Austria (Ober(cid:246)sterreich) by
Law of 5 May 1994 (1), as amended by Law of 23 January 1997 (2). The Commission finds that the
transposal by the Province of Upper Austria does comply with the Directive, subject to the point below.

In a judgment of 28 October 1999 relating to an Austrian case (3), the Court of Justice found that
2.
(cid:145)the Member States are required to ensure that the contracting authority(cid:146)s decision prior to the conclusion
of the contract as to the bidder in a tender procedure with which it will conclude the contract is in all
cases open to review in a procedure whereby an applicant may have that decision set aside if the relevant
conditions are met, notwithstanding the possibility, once the contract has been concluded, of obtaining an
award of damages.(cid:146) According to the Commission(cid:146)s interpretation, this judgment implies that Austria is
required to change all its legislation in the field of public contracts, including the relevant law in Upper
Austria. In this respect, the Commission has contacted the Austrian authorities with a view to monitoring
the legislative procedure to ensure compliance.

3.
As regards the (cid:145)public contracts(cid:146) directives in general, the Commission has so far initiated seven
infringement proceedings against Austria: three proceedings for non-transposal and four for improper
application.

(1) O(cid:246). LGBl. 59/1994.
(2) O(cid:246) LGBl. 34/1997.
(3) C-81/98, not yet published in the reports.

(2001/C 103 E/277)

WRITTEN QUESTION E-3028/00

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

(26 September 2000)

Subject: Uptake of Cohesion Fund project commitment appropriations

With regard to projects covered by the Cohesion Fund, what has been the uptake of the commitment
appropriations for each and every one of them to 31 August 2000, by each of the recipient countries,
namely Spain, Portugal, Greece and Ireland?

3.4.2001

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Official Journal of the European Communities

C 103 E/237

Answer given by Mr Barnier on behalf of the Commission

(10 November 2000)

Because of the length of the answer, which includes a number of tables, the Commission is sending it
direct to the Honourable Member and to Parliament(cid:146)s Secretariat.

(2001/C 103 E/278)

WRITTEN QUESTION E-3040/00

by Joachim Wuermeling (PPE-DE) to the Commission

Subject: Discrimination against PVC products in Denmark

(28 September 2000)

New legislation has been introduced in Denmark to prohibit and impede the trade in PVC products, inter
alia by imposing higher tax duties and introducing a new criminal offence. The effect of this legislative
measure is to hinder the trade in PVC products in Denmark or to ban their sale completely.

1.

2.

Does the Commission regard this Danish legislation as compatible with EU law?

If not, does the Commission propose to initiate proceedings for breach of Treaty obligations?

Answer given by Mr Bolkestein on behalf of the Commission

(6 November 2000)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member
and will inform him of the outcome as soon as possible.

(2001/C 103 E/279)

WRITTEN QUESTION E-3048/00

by Glyn Ford (PSE) to the Commission

(28 September 2000)

Subject: Dentistry and Clinical Dental Technicians (CDTs)

In 1991, a UK Government report identified the need for Clinical Dental Technicians (CDTs) within the
dental profession and recommended they be acknowledged as a profession.

The General Dental Council (GDC) set up a group to consider this issue and agreed with the government
report. Since then, however, the GDC has referred its recommendations back to committee for further
work, and they have been debated on several occasions. In a final meeting, the GDC decided that CDTs
could NOT undertake the business of dentistry and be paid directly for their services by patients.

The Department of Health has, however, stated that the business of dentistry is not within the GDC remit
as it is a public body.

Does this matter fall within the EU(cid:146)s powers and responsibilities?

If so, what plans does the Commission have to ensure the modernisation of the dental profession so that it
allows dental patients access to a range of new personnel and professionals who are qualified in the sphere
of dentistry, including Clinical Dental Technicians in the UK?