WRITTEN QUESTION E-1417/01 by Robert Goebbels (PSE) to the Commission. Award of public contracts.
Date: 2001-05-14
Institutions: European Parliament, Provisional data
Subjects: European Commission, award of contract, invitation to tender, restriction on competition

C 350 E/148

Official Journal of the European Communities

EN

11.12.2001

3.

Could the Commission provide a breakdown of the number of cases by Member State?

Does the Commission have any plans to amend or update the (cid:145)Communication on the application of

4.
the State Aid rules to measures relating to direct business taxation(cid:146) (SEC(1998) 1800)?

Answer given by Mr Monti on behalf of the Commission

(20 July 2001)

In line with its obligations under the EC Treaty, the Commission investigates and evaluates permanently
new and existing State Aid measures,
including those granted in the form of fiscal aid, pursuant to
Article 88 (ex Article 93) of the EC Treaty. As part of this permanent task, it has started to also scrutinise
all the tax measures that the Code of Conduct Group reported to the Ecofin Council on 29 November
1999.

In this respect the Commission decided on 11 July 2001 to launch aid investigations under Article 88(2) of
the EC Treaty for 11 corporation tax schemes in 8 Member States and to ask to put an end to existing
fiscal advantages, under Article 88.1 of the Treaty, to four Member States. These schemes are no longer
justified following the higher degree of integration of member States economies due to the completion of
the Single Market,
the liberalisation of capital movements and the establishment of economic and
monetary union.

The Commission will continue to scrutinise tax systems in all Member States and it cannot be excluded
that State aid investigations similar to the present, will have to be opened in future.

The Commission is currently evaluating the experience gained in implementing the Communication on the
application of the State Aid rules to measures relating to direct business taxation in order to have a basis
for the possible up-dating of this notice.

(2001/C 350 E/160)

WRITTEN QUESTION E-1417/01

by Robert Goebbels (PSE) to the Commission

(14 May 2001)

Subject: Award of public contracts

On 24 August 1996 a call for tenders (No 96/S 163-97283/FR) was issued by the Commission and
published in the Official Journal of the European Communities for the award of a contract in respect of
removal, transport and handling services.

The contract was awarded to an Italian company. However, it now transpires that the company does not
have a valid authorisation to operate in Luxembourg, which was one of the preconditions. It is therefore
understandable that many of the candidates who did meet all the requirements should feel that the
decision was unfair to them.

Can the Commission answer the following:

(cid:129) Do the relevant Commission services check whether bidders meet all the requirements?

(cid:129) What measures can the Commission normally take when it is established after the event that a bidder

does not meet one or more requirements?

11.12.2001

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Official Journal of the European Communities

C 350 E/149

Answer given by Mr Kinnock on behalf of the Commission

(18 July 2001)

In accordance with applicable rules on public contracts, when proposals are analysed following a call for
tender the Commission checks that the tenderers meet all relevant financial, professional and technical
requirements. Once selected according to established selection criteria, the contractor is obliged to respect
the legislation of the country in which he operates.

In the case referred to by the Honourable Member, the contract stipulates that (cid:145)the Contractor commits
himself to observing the provisions in force in employment legislation applicable in Luxembourg(cid:146). At the
beginning of the implementation of the contract, the Commission noted certain difficulties on the part of
the Contractor and it took the necessary steps, in agreement with relevant authorities in Luxembourg, to
remedy this situation (registration in the trade register, VAT registration).

If it is found that the contractor has not fulfilled his obligations, the Commission will terminate the
contract.

(2001/C 350 E/161)

WRITTEN QUESTION E-1421/01

by Cristiana Muscardini (UEN) to the Commission

Subject: Organised crime and the exploitation of animals

(17 May 2001)

A report drawn up by LAV (the Italian Anti-Vivisection League) paints a disturbing picture of the
exploitation of animals (dog fights, illegal horse-racing, trading in exotic animal species, etc) which in Italy
alone brings in around Lit 5 thousand billion annually for criminal organisations.

In view of the lack of provisions to restrict and stop this phenomenon, can the Commission say whether it
is at least aware of it?

If it is, can it offer any explanations concerning the steps it intends to take to combat it?

How does it intend to justify its long silence on the subject, which in effect leaves criminal organisations
free to operate undisturbed?

Does it not consider that stricter checks on stock farms, kennels and frontiers, as regards trafficking in
exotic animals, might constitute an initial response to those who exploit animals as a form of illegal
business?

Answer given by Mr Byrne on behalf of the Commission

(20 July 2001)

The Commission is not aware of the report mentioned by the Honourable Member.

As far as the protection of animals is concerned, the competences of the Community are limited to certain
areas that do not cover all the activities mentioned in the question of the Honourable Member. Cruelty to
animals involved in dog fighting or illegal horseracing is a domain that falls under the sole responsibility of
the Member States.

In addition, it should be noted that, when the Community competences cover an activity such as the
protection of endangered species, the role of the Commission is primarily to secure the adoption of
appropriate legislation and ensure its application by Member States. Member States are responsible for the
day-to-day enforcement of Community legislation.