WRITTEN QUESTION E-3507/00 by Stefano Zappalà (PPE-DE), Antonio Tajani (PPE-DE), Guido Viceconte (PPE-DE), Enrico Ferri (PPE-DE), Francesco Musotto (PPE-DE) and Generoso Andria (PPE-DE) to the Commission. High-speed trains.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: Italy, free competition, high-speed transport, rail network, transport infrastructure, transport market

6.6.2001

EN

Official Journal of the European Communities

C 163 E/145

The Commission would inform the Honourable Member that:

(cid:129) the Commission organises regular committee and other experts group meetings to discuss and amend
Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for
applying the integrated administration and control system for certain Community aid schemes (1) in
collaboration with the Member States. These discussions are expected to intensify in the course of
2001. Moreover, an ad-hoc working group as referred to in the Council declaration of 25 October
2000 charged with the task to co-ordinate the analysis and the discussion of proposals related to
simplification in general had its first meeting on 11 December 2000;

(cid:129) the Commission cannot agree with the concept that sanctions should be limited only to the offending
element, for example one ineligible animal, as this would result in aid applicants being in a (cid:145)no-lose
situation(cid:146), possibly encouraging wilful non-compliance with governing rules.

(1) OJ L 391, 31.12.1992.

(2001/C 163 E/162)

WRITTEN QUESTION E-3507/00

by Stefano Zappal(cid:224) (PPE-DE), Antonio Tajani (PPE-DE),
Guido Viceconte (PPE-DE), Enrico Ferri (PPE-DE), Francesco Musotto (PPE-DE)
and Generoso Andria (PPE-DE) to the Commission

(10 November 2000)

Subject: High-speed trains

Given that:

(cid:129) a draft law is under discussion in Italy (No 4629/S) designed to annul the award to general contractors

of contracts for high-speed trains amounting to several million euro;

(cid:129) if adopted, this provision would seem to violate the principle of separation of powers between the
legislative and administrative branches of government, damage the rights of the defence and under-
mine the possibility of any appeal for damages;

(cid:129) recently, the Minister concerned, Mr Bersani, expressly stated that the provision may be included in

the budget shortly to be adopted;

(cid:129) the awards date from the beginning of the 1990s and predate the existing legislation on the matter;

Will the Commission say:

(cid:129) whether it is aware of this problem;

(cid:129) whether it intends to pursue this matter and intervene as a matter of urgency, given that it may entail

infringements of Treaty provisions that will harm the interests of Union citizens?

Answer by Mr Bolkestein on behalf of the Commission

(23 January 2001)

The Commission had not been aware that the Italian Government intended to annul the awards to general
contractors for work on high-speed rail lines.

As a result of the question, however, the Commission obtained the draft law (cid:129) to which the honourable
Member refers and which was tabled in the Italian Parliament by the Minister of Transport (cid:129) and it has
become aware of the fact that it proposes to apply national regulations, implementing Council Directives
93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works

C 163 E/146

Official Journal of the European Communities

EN

6.6.2001

contracts and 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating
in the water, energy, transport and telecommunications sectors, to construction projects for high-speed
lines which had not yet started at the date of entry into force of the law and for which the fees, even if
they can be calculated, have not yet been determined.

According to the indications of the report accompanying the draft law, its particular purpose would be to
open the awarding of contracts for such works to competition, one of the aims being to arrive at the
adoption of measures to bring procedures in line with European standards on public contracts and to
encourage more transparent management models and to speed up the start of the works.

The Commission will consider this draft law in connection with the policy on public contracts to see
whether it satisfactorily complies with the implementation of the stated aims.

(2001/C 163 E/163)

WRITTEN QUESTION E-3509/00

by Stefano Zappal(cid:224) (PPE-DE) to the Commission

(10 November 2000)

Subject: Pontine islands

Given that:

(cid:129) there is an archipelago in Lazio known as the Pontine islands;

(cid:129) the Ministry of the Environment has made provision for the establishment of the Ponza and Palmarola

nature reserve;

(cid:129) the Maritime Council has made provision for the establishment of a marine reserve for the Pontine

islands (Ponza, Palmarola and Zannone):

(cid:129) the Lazio regional administrative court has suspended the establishment of the Ponza and Palmarola

nature reserve;

(cid:129) the zoning plans for areas of special protection and sites of Community importance have been drawn

up in accordance with the relevant Community directives;

(cid:129) the local population refuse to accept the limitations involved, having not been consulted on the
matter, even though they are the sole guardians of a highly valuable area that has been preserved only
thanks to them;

Will the Commission say:

(cid:129) whether it intends to investigate this matter?

(cid:129) whether it intends to ensure that the Italian Government is complying with Community legislation,

particularly as regards respecting citizens(cid:146) interests?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(12 December 2000)

In the specific case, the fact that on Isole Pontine there have been sites of Community importance
proposed under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora (1) and special protection areas (SPA) classified under Council Directive 79/409/EEC
of 2 April 1979 on the conservation of wild birds (2), means that these directives could constitute the
possibly relevant Community law.

However, on the basis of the information given by the Honourable Member, due to a lack of grounds of
complaint on the application of Community law, no breach can be identified at present.