WRITTEN QUESTION P-4105/00 by Frédérique Ries (ELDR) to the Commission. The Commission's assumption of the cost of renovating the Berlaymont Building.
Date: 2000-12-20
Institutions: European Parliament, Provisional data
Subjects: Brussels region, EU control, European Anti-fraud Office, European Commission, financial control, improvement of housing, public building

3.7.2001

EN

Official Journal of the European Communities

C 187 E/135

particular the presentation of the first ILO (cid:145)Global Report(cid:146) on forced labour as part of the follow up of the
ILO(cid:146)s 1998 Declaration on Fundamental Principles and Rights at Work will provide a platform to address
the issues raised by the Honourable Members.

In India, the Bonded Labour System Abolition Act of 1976, the ILO(cid:146)s International Programme of
Elimination of Child Labour (IPEC) as well as the consistent efforts of the Community and various non-
governmental organisations (NGOs) to concentrate on universal primary education and health programmes
have been major initiatives to improve the rights and living conditions of the most disadvantaged and
discriminated social groups.

In Pakistan, the Government has expressed the intention to strengthen law enforcement. There are plans to
ratify ILO Convention No 182 on the worst forms of child labour, and an action plan for the rehabilitation
of bonded labourers is under preparation. The Ministry of Labour is also planning to reactivate vigilance
committees to tackle the bonded labour issue at local level. The Commission supports the Government
through a project being implemented by ILO within the IPEC framework which addresses the multi-faceted
problem of child and bonded labour through measures of prevention and rehabilitation.

to guarantee the right against any
In Nepal, besides a clear constitutional
exploitation of human beings, 7 ILO Conventions have already been ratified. On 17 July 2000,
Government Monitoring Committees at both central and district level have been set up. A government
team to supervise the rehabilitation of persons released from bonded labour has also been created, while
ILO Convention 29 on forced labour is currently with the Nepalese Parliament for ratification.

legal base (Article 20)

The Commission would like to confirm to the Honourable Members that on the basis of the existing
framework Co-operation Agreements with these countries, the Joint Commission meetings have provided
and will continue to provide the most appropriate context to regularly monitor the enforcement of bonded
labour legislation and promote rehabilitation initiatives.

(2001/C 187 E/144)

WRITTEN QUESTION P-4105/00

by FrØdØrique Ries (ELDR) to the Commission

(20 December 2000)

Subject: The Commission(cid:146)s assumption of the cost of renovating the Berlaymont Building

The newspaper (cid:145)La Libre Belgique(cid:146) of 6 December reports the findings of a study carried out by the
consultants Ernst & Young on Berlaymont, according to which the Commission would not be able to
return to its offices in the Berlaymont in 2002 as initially scheduled, and the cost could significantly
exceed the initial estimate. According to the press report, Commissioner Kinnock had passed the
Berlaymont papers to OLAF, which had begun an inquiry. SA Berlaymont 2000(cid:146)s 1999 report, page 19,
gives an estimated figure of BEF 15,5 billion (€ 387,5 million) for the work involved in the renovation.
This figure includes price reviews and extra work requested by the Commission to the amount of BEF 120
million (€ 3 million). A Memorandum of Understanding was entered into in July 1997 by Belgium and the
Commission, Article 4(2) of which stated that the cost of the renovation would be finally determined on
handover and vouched for by all relevant documents; SA Berlaymont agreed to work on an (cid:145)open books(cid:146)
basis and to allow the Community to inspect all accounting and technical data which were a factor in the
cost of the work; the cost of studies and contract management, miscellaneous costs and interim financial
charges during construction. According to my information, Annex I of the protocol mentioned a sum of
13 million, stating that the sum was a provisional estimate of the cost, the final cost of renovation to be
established in the light of actual expenditure.

Can the Commission answer the following questions:

1. When will the results of the OLAF inquiry be available?

2. The Memorandum was to be followed shortly by an agreement and a notarial act. When are they to

be concluded?

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3.7.2001

3. Does the Memorandum constitute a firm and final commitment by the Commission to bear the cost

of renovation?

4. What arrangements has the Commission made to monitor the work and the related costs?

5. Can you explain the 2,5 billion BEF difference between the 1997 estimate and the current estimate?

6. According to the Memorandum, the Commission(cid:146)s sole interlocutor is the Belgian Government; what
is the nature of the relationship between the Commission and the (cid:145)RØgie des B(cid:226)timents(cid:146) and SA
Berlaymont 2000?

Answer given by Mr Kinnock on behalf of the Commission

(20 February 2001)

The Commission would like to stipulate that:

1.

Following the referring of relevant documents to the European Anti-Fraud Office (OLAF), the Office
opened an investigation on 5 December 2000. The Office is independent and, whilst the Commission
is confident of the thoroughness of the work of the Office, the Commission is not in a position to
forecast when the results of OLAF inquiries will be made known.

2. On the initiative of the Commission, negotiations are being held on a follow-up to the terms of the
Memorandum of Understanding with the Belgian government and Berlaymont 2000. Agreement at
the earliest possible time is desirable but clearly all parties would have to be satisfied with the
conclusions and it is therefore not possible to specify a date for that at this juncture.

3. The Memorandum of Understanding constitutes an agreement between parties. The failure to fulfil the
agreement by one of the parties can, under certain conditions, be invoked by the other contracting
party as justification for the suspension or abrogation of its own obligations. The Memorandum does
not oblige the Commission to take over the Berlaymont at any cost. It confirms the Commission(cid:146)s
intention to reoccupy the building if the works are brought to a satisfactory conclusion.

4. According to the Memorandum, SA Berlaymont 2000 is the sole body responsible for bringing the
project to a proper completion. The Commission has, in addition to charging its internal adminis-
trative structures with the technical follow-up of the works and the related costs, concluded external
quantity surveying and technical assistance contracts with two firms, Ernst & Young/MDA and with
Coalpa.

5. The Commission is currently examining all elements relating to the cost of the renovation including
an external audit of all contracts signed. Consequently the Commission cannot yet make a final
comprehensive assessment of the cost estimate made by SA Berlaymont. However, it is already clear
that a major reason for delays and subsequent additional costs is the contractual problem SA
Berlaymont 2000 has with the (cid:145)4D(cid:146) consortium which was to have provided the installation of
heating, ventilation and air conditioning.

6. The relations which the Commission maintains with the (cid:145)RØgie des b(cid:226)timents(cid:146) and especially with SA
Berlaymont 2000 are limited to the technical and financial monitoring of the renovation. All matters
of political relevance are currently being discussed with Mr Rik DAEMS, the Belgian Minister for
Telecommunications, Public Works and Public Participations.

(2001/C 187 E/145)

WRITTEN QUESTION P-4107/00

by Luigi Cesaro (PPE-DE) to the Commission

(20 December 2000)

Subject: Petty crime in the north of Naples

In view of the recent rise in petty urban crime in the north of Naples, which has seen an alarming increase
in the need for (cid:145)D-I-Y(cid:146) justice (three robbers beaten to death in self-defence within the space of a few days
in Villaricca, Grumo Nevano and Villa Literno),