WRITTEN QUESTION P-0753/01 by Giovanni Procacci (ELDR) to the Commission. Management of public procurement in Italy in the area of road crash barriers.
Date: 2001-03-07
Institutions: European Parliament, Provisional data
Subjects: Italy, approval, national implementing measure, safety device

21.8.2001

EN

Official Journal of the European Communities

C 235 E/245

(2001/C 235 E/288)

WRITTEN QUESTION P-0753/01

by Giovanni Procacci (ELDR) to the Commission

(7 March 2001)

Subject: Management of public procurement in Italy in the area of road crash barriers

The regulations in force in Italy governing the official approval of crash barriers, in particular the decree of
18 February 1992 No 223 issued by the Minister for Public Works, as amended by the decrees of
15 October 1996, 3 June 1998 and 11 June 1999, do not yet incorporate the European standards
approved by the CEN in April 1998, which should have been implemented by Italy before October 1998.

Article 4 of the ministerial decree was preceded (about six months earlier) by a circular issued by ANAS
(State Autonomous Road Company) allowing the issuers of calls for tenders to request data relating to
crash tests carried out by one of the only two institutes authorised to perform such tests. Tenders which
fail to supply such data are disqualified. As a result, qualified small- and medium-sized businesses with
a proven record are not free to take part in the tendering process since they must first provide crash test
results which they are sometimes obliged to purchase at considerable expense from the few companies
that hold crash test results. Furthermore, these companies decide, at their discretion and on the basis of the
value of the contract, whether or not to provide crash test data, thereby selecting who may or may not
take part in the tendering process.

Can the Commission:

1.

2.

say whether the ministerial decree in question complies with European regulations;

investigate whether the conditions exist for free and fair competition in the management of public
contracts in the road crash barrier sector in Italy, in order to avoid monopoly situations which lead to
the bankruptcy and disappearance of many small- and medium-sized companies in the sector?

Answer given by Mr Bolkestein on behalf of the Commission

(2 April 2001)

The Commission is aware of the matter raised by the honourable Member. On 6 December 2000 it sent
the Italian authorities a letter asking for information, so that it would have the facts that would allow it to
assess the compliance of the Italian regulations on crash barrier approval with requirements under
Community law.

The matter was also discussed at a meeting with the Italian authorities in Rome on 19 December 2000.
The authorities assured the Commission at that time that they would collaborate fully in providing the
information that was sought in connection with this matter.

(2001/C 235 E/289)

WRITTEN QUESTION E-0779/01

by Bart Staes (Verts/ALE) to the Commission

(13 March 2001)

Subject: Language discrimination in the European Union

In its reply to Written Question E-4100/00 (1), the Commission says that Community rules on the freedom
of movement of workers prohibit not only discrimination on grounds of nationality but also covert
discrimination which in effect produces the same result if apparently neutral criteria are applied.

However, the Commission believes that there is no discrimination if requirements concerning knowledge
of languages are based on the nature of the vacancy to be filled. Accordingly, in some situations it may be
legitimate to require candidates to have a very high standard of knowledge of languages.