WRITTEN QUESTION E-3262/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Purchasing and award of contracts by Swedish Systembolaget.
Date: 2000-10-20
Institutions: European Parliament, Provisional data
Subjects: State monopoly, Sweden, alcoholic beverage, application of EU law, award of contract, invitation to tender, restriction on competition

C 136 E/218

Official Journal of the European Communities

EN

8.5.2001

community(cid:146)s efforts to combat climate change (the latest monitoring data indicate that the Community is
on track to fulfil its obligation under the United Nations (UN) Framework convention on climate change to
ensure that its greenhouse gas emissions this year are no greater than in 1990) and finally Community
research policy under which (fifth framework programme) the relationship between climate change and
health is investigated both under the (cid:145)Quality of life and management of living resources(cid:146) and the (cid:145)Energy,
environment and sustainable development(cid:146) thematic programmes.

The delivery of healthcare is a responsibility of the Member States and a matter where subsidiarity applies.

(1) Decision No 2119/98/EC of the Parliament and of the Council of 24 September 1998 (OJ L 268, 3.10.1998).
(2) COM(2000) 285 final.

(2001/C 136 E/255)

WRITTEN QUESTION E-3262/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(20 October 2000)

Subject: Purchasing and award of contracts by Swedish Systembolaget

At the beginning of 2000, the Commission sent a letter to the Swedish Government stating that the
Swedish Systembolaget must comply with EU rules on public procurement when purchasing alcohol.

Systembolaget, however, considers that the best wines, for example, cannot be purchased by way of a
public procurement procedure as it is a seller(cid:146)s market in that particular sector.

Has the Commission discussed the matter further with the Swedish Government and Systembolaget and
possibly changed its opinion, or does the Commission adhere to its position as set out in the above letter?

Answer by Mr Bolkestein on behalf of the Commission

(8 December 2000)

The letter to which the honourable Member refers in connection with Systembolaget (Swedish monopoly
for the retail sale of alcoholic beverages) concerns the application of the rules laid down in the directives
on the award of public contracts (Council Directive 93/36/EEC of 14 June 1993 coordinating procedures
for the award of public supply contracts (1), Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works contracts (1) and Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the award of public service contracts (2)) to
Systembolaget(cid:146)s purchases of alcohol and purchases of other types of supplies, as well as service and works
contracts.

With regard to purchases of alcohol, it may simply be said that in the light of the Court of Justice case law
there is no derogation in Directive 93/36/CEE (or in Community law) for purchases of alcohol. System-
bolaget is therefore supposed to apply the relevant provisions of the directive in question when purchasing
alcohol.

This matter has been discussed on a number of occasions with the Swedish authorities, in particular during
a meeting that was held in June 2000. The Commission asked the Swedish authorities for further
information regarding the status and operation of the monopoly.

This information is now being carefully examined so that the Commission can assess the compatibility of
Systembolaget(cid:146)s purchasing procedures with Community law on public contracts.

(1) OJ L 199, 9.8.1993.
(2) OJ L 209, 24.7.1992.