WRITTEN QUESTION E-4103/00 by Vittorio Sgarbi (PPE-DE) to the Commission. Implications of sanctions policy against Austria.
Date: 2001-01-10
Institutions: European Parliament, Provisional data
Subjects: Austria, democracy, legality, sanction (EU)

C 174 E/234

Official Journal of the European Communities

EN

19.6.2001

(2001/C 174 E/250)

WRITTEN QUESTION E-4103/00

by Vittorio Sgarbi (PPE-DE) to the Commission

(10 January 2001)

Subject: Implications of sanctions policy against Austria

Austria(cid:146)s contribution to European integration and its relations with the other Member States have always
been based on the principles of loyalty and respect.

The sanctions policy which was rigidly applied against Austria has now been suspended.

Will the Commission state what its current views and intentions are with respect to this country, which
was one of the first to commit itself to upholding and promoting such values as democracy and the rule of
law and now continues to uphold more fully and effectively the will of the people?

Answer given by Mr Prodi on behalf of the Commission

(8 February 2001)

The Commission(cid:146)s intentions in relation to Austria in no way differ from those which guide its action
towards any other Member State. It goes without saying that the Commission can only be pleased at the
respect for democracy and legality shown by each Member State,
in accordance with the obligations
contained in the Treaties.

(2001/C 174 E/251)

WRITTEN QUESTION E-4116/00

by Juan Naranjo Escobar (PPE-DE), Salvador JovØ Peres (GUE/NGL)
and Carlos Carnero GonzÆlez (PSE) to the Commission

Subject: Public works contracts and the fight against unemployment

(11 January 2001)

Previous parliamentary questions as to whether objective social criteria should form part of the criteria for
the awarding of public works contracts (see Questions E-0816/00 and E-0817/00 (1)) have always met with
a negative response, with the Commission alleging that this would be incompatible with Directive 93/37/
EC (2) on coordinating procedures for the awarding of public works contracts.

Certain public authorities, galvanised by the enormous problem of unemployment in their respective
Member States, have in fact included certain conditions concerning the creation or protection of stable
employment amongst their public works contract award criteria, conditions which do not, however, entail
discrimination against tenders from other Member States. The Commission has opened proceedings against
several of these public authorities. In case C-255/98, Commission v. French Republic, this has led to a
Court of Justice ruling that the public works contract Directives do not exclude the possible inclusion, by
the contracting bodies, of a condition linked with the fight against unemployment as one of the awarding
criteria, provided that the condition in question respects all the fundamental principles of Community law
and, particularly, the principle of non-discrimination (paragraph 50 of the judgment).

In the light of the conclusions of this judgment, how does the Commission intend to pursue the
proceedings it has opened against certain public authorities? Is it going to incorporate these conclusions
in the new directives on public contracts which are currently being adopted by the Community
institutions, so as to clarify the spirit of the ruling in question?

(1) OJ C 374 E, 28.12.2000, p. 164.
(2) OJ L 199, 9.8.1993, p. 54.