WRITTEN QUESTION E-0372/01 by Reinhold Messner (Verts/ALE) to the Commission. Extension of the concession granted to Autostrade SpA.
Date: 2001-02-15
Institutions: European Parliament, Provisional data
Subjects: European Commission, Italy, action for failure to fulfil an obligation, application of EU law, exchange of information, motorway, public contract, service concession

21.8.2001

EN

Official Journal of the European Communities

C 235 E/191

Moreover, as already pointed out to the Honourable Member in response to Written Question No P-4047/
00, the Commission would stress that the extension of a motorway concession by a public body, possibly
in breach of Community rules on the award of public contracts, must also be examined in the light of
Community rules governing state aid in the transport sector, where the beneficiary of the operation is not
required to bear the same risks as private investors in a market economy.

(2001/C 235 E/224)

WRITTEN QUESTION E-0372/01

by Reinhold Messner (Verts/ALE) to the Commission

(15 February 2001)

Subject: Extension of the concession granted to Autostrade SpA

Further to my earlier Questions, E-2293/99 (1) and E-1457/00 (2):

(cid:129) Has the (cid:145)independent(cid:146) committee responsible for managing the award of public works contracts in

connection with the concession granted to Autotrade SpA actually been set up?

(cid:129) Is that committee truly independent and impartial, as required by the Commission, given that it
appears to include two representatives nominated by ANAS (the Italian roads agency) and one by
Autostrade SpA?

(cid:129) What action does the Commission intend to take to ensure compliance with the conditions laid down
in its letter of 30 July 1998 to the Italian government if it transpires that the above information
concerning the membership of this (cid:145)independent(cid:146) committee is correct?

(cid:129) Does the Commission agree that the extension of the concession, on the grounds that it was necessary
to cover the cost of works that had not been paid for and other contentious issues, was in fact an
administrative act accorded in exchange for investment in new infrastructures?

It should be noted that the concession provides for new investment of around ITL 8 400 billion, 5 600
billion of which are allocated to upgrading the whole Florence-Bologna section (34 km), although the
government agreements of July 1996 authorised only the construction of the Aglio-Canova section and the
improvement of the Florence (North) (cid:129) Florence (South) section.

(1) OJ C 225 E, 8.8.2000, p. 89.
(2) OJ C 53 E, 20.2.2001, p. 144.

Answer given by Mr Bolkestein on behalf of the Commission

(3 April 2001)

In a letter of 25 May 2000, the Commission asked the Italian authorities for information about the
independent committee referred to by the Honourable Member, in order to ensure that the committee(cid:146)s
commitments to impartiality and independence are respected. The authorities only responded to this letter
on 18 December 2000.

The Italian authorities have communicated that they plan to establish three independent committees that
will be responsible for the award of Autostrade S.p.A. public works contracts on the basis of geographical
the Italian
responsibility. The aforementioned committees have yet
authorities have stated that a draft decree for the appointment of committee members has already been
prepared and have given an assurance that the members will be chosen from amongst competent and
independent persons from the licensing authority as well as the license-holder,
in order to guarantee
a maximum level of impartiality in the award procedures.

to be established. Nevertheless,

In all cases, the Commission reserves the right to initiate the infringement procedure laid down in Article
226 (ex Article 169) of the EC Treaty if the commitments made by the Italian authorities to which the
Honourable Member refers are not respected.