WRITTEN QUESTION P-1434/01 by Guido Viceconte (PPE-DE) to the Commission. Sale of the Puglian water supply company.
Date: 2001-05-11
Institutions: European Parliament, Provisional data
Subjects: Italy, award of contract, competition law, sale

13.11.2001

EN

Official Journal of the European Communities

C 318 E/241

Answer given by Mr Fischler on behalf of the Commission

(30 May 2001)

With reference to the requested information on the number of fisheries inspection officers in the Member
States listed in the question, the Commission is sending the figures direct to the Honourable Member and
to Parliament(cid:146)s Secretariat.

The Commission, would caution against simple comparisons of the figures for each Member State.
A number of other factors should also be taken into account, such as the structure of the national control
system, including the full (cid:129) or part-time nature of fisheries control responsibilities, the type of fisheries to
be controlled, as well as whether the fisheries are subject to total allowable catch (TAC) and quota and
how TAC and quota are allocated and managed by the Member States in question.

The figures presented in the annex represent the numbers of fisheries inspectors authorised to participate
in landing inspections. In Denmark, France, Ireland, Italy and the United Kingdom these inspectors are
permanently based along the coastline, predominantly in the ports most important for fisheries purposes.
In Portugal, the national fisheries inspectors are based in Lisbon and thus carry out their landing inspection
missions from the capital. In Spain, some of the national fisheries inspectors also are based in Madrid
while the majority of them have been assigned to the delegations of central government in the coastal
Autonomous Communities.

The question of measures taken by the Commission to ensure full compliance of the Community fishing
rules is rather a large one to be comprehensively dealt in a reply such as this one. Commission inspectors
are continuously carrying out verifications in all Member States within the framework of Article 29 of
Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the
common fisheries policy (1). In order to describe more fully the circumstances in the different Member
States regarding fisheries monitoring, inspection and surveillance, and also pursuant to Article 35 of the
said regulation, the Commission intends to submit in the coming months a report to the Council and the
Parliament on the monitoring of the implementation of the common fisheries policy. This report will in
particular contain an evaluation of the relative efficiency of the different national and regional control
authorities in the Member States.

(1) OJ L 261, 20.10.1993.

(2001/C 318 E/265)

WRITTEN QUESTION P-1434/01

by Guido Viceconte (PPE-DE) to the Commission

Subject: Sale of the Puglian water supply company

(11 May 2001)

The Italian Government intends to hive off the Puglian water supply company without going through
proper tendering procedures and to sell it off at cut price to ENEL, in which the state has a majority
holding.

Is the Commission aware of the Italian Government(cid:146)s intention not to issue a public invitation to tender?

Would it not agree that such an approach is contrary to the principles of free competition laid down in
the EU Treaty?

If it does agree, what action does it intend to take on the matter?

Answer given by Mr Bolkestein on behalf of the Commission

(18 June 2001)

The directives on public contracts refer solely to contracts according to which government authorities
purchase goods or services. However, that does not mean that transactions involving the sale of goods or
services are exempted from being conducted, like purchases, in compliance with the EC Treaty, especially

C 318 E/242

Official Journal of the European Communities

EN

13.11.2001

the provisions on the free movement of goods and services and the freedom of establishment, and with the
principles of non-discrimination and equal treatment.

Moreover the sale of an asset owned by the State, where performed in the absence of a public tender or of
the evaluation of an independent expert ascertaining a sale at market value, might involve State aid,
depending on the characteristics of the sector and on the specificity of the case.

In the case at issue, the Commission asked the Italian authorities for information on the criteria governing
the sale. In the reply, the authorities referred to the (cid:145)Decreto del Presidente del Consiglio dei Ministri(cid:146) of
9 March 2000, concerning the transfer of the ownership of Acquedotto Pugliese (EEAP) by way of direct
sale to the national Italian electricity agency (Enel SpA) at a price to be established by a committee of
independent valuators.

The Commission is currently waiting for new details so that it can check whether the provisions and
principles of the EC Treaty have been complied with, in the case of the sale of Acquedotto Pugliese to
which the honourable Member refers.

(2001/C 318 E/266)

WRITTEN QUESTION E-1435/01

by Ingo Friedrich (PPE-DE) to the Commission

Subject: Information brochure accompanying protective gloves

(17 May 2001)

The information brochure which must, under EC Directive 89/686/EEC (1), be enclosed with every pair of
protective gloves is extraordinarily long and complicated in its content.

Are these laborious, long-winded instructions really necessary?

(1) OJ L 399, 30.12.1989, p. 18.

Answer given by Mr Liikanen on behalf of the Commission

(28 June 2001)

Protective gloves are indeed personal protective equipment (PPE) within the meaning of Directive 89/686/
EEC (1). This Directive aims to guarantee the free movement of PPE which (cid:145)preserves the health and ensures
the safety of users(cid:146). The term (cid:145)users(cid:146) is used here in its widest sense, covering anyone who uses PPE,
whether for work or for leisure activities (do-it-yourself or sport). The protection offered by PPE, and in
this case protective gloves, can cover a wide variety of risks (electrical, mechanical, chemical, or the risk of
ionising radiation etc.).

To ensure suitable protection for the user(cid:146)s hands, gloves must be accompanied by an appropriate
description. In practical terms, the information supplied by the manufacturer must enable users correctly
to select, use and maintain the protective gloves in the context of their intended use and according to the
type of risk to be prevented. It is therefore justifiable to require that the notes supplied by the PPE
manufacturer convey the relevant information using precise terminology and technical instructions.

That is why point 1.4 of Annex II to Directive 89/686/EEC stipulates that the notes that must be drawn up
by the manufacturer and supplied when personal protective equipment is placed on the market (cid:145)must
contain all relevant information(cid:146) on:

(cid:129) storage, use, cleaning, maintenance, servicing and disinfection;

(cid:129) performance as recorded during tests to check the levels of protection;

(cid:129) the classes of protection appropriate to different levels of risk and the corresponding limits of use;

(cid:129) suitable accessories;