WRITTEN QUESTION P-1665/01 by Juan Ojeda Sanz (PPE-DE) to the Commission. Transport of works of art.
Date: 2001-06-01
Institutions: European Parliament, Provisional data
Subjects: Germany, Spain, award of contract, freedom to provide services, transport company, transport market, transport regulations, work of art

C 340 E/242

Official Journal of the European Communities

EN

4.12.2001

Answer given by Mr Barnier on behalf of the Commission

(21 June 2001)

No carpark construction in Athens has been part-financed under the Community Support Framework
(CSF) for Greece over the 1994-1999 programming period.

As regards the CSF for the current period (2000-2006),
the Greek authorities responsible for the
Operational Programme (OP) for Attica have not yet determined the measures and selection criteria for
projects to be part-financed under the latter.

(2001/C 340 E/278)

WRITTEN QUESTION P-1665/01

by Juan Ojeda Sanz (PPE-DE) to the Commission

(1 June 2001)

Subject: Transport of works of art

The transport of works of art is connected with the organisation of public exhibitions and events, and is
therefore subject to public procurement procedures. The Commission is working to end discriminatory
practices that prevent firms from competing for contracts in other Member States. German museums, for
example, have been known to insist that a German firm be responsible for all transport of its works of art,
even where a contract procedure and exhibition take place in Spain. It thus occurs that a Spanish firm may
win a contract in Spain, but the German museums refuse to have their works of art transported by any
firm other than their preferred German firm, thereby refusing to accept the result of a tender procedure
organised in Spain.

Is the Commission aware of the effect of the practice of German museums on public contracts in States
such as Spain? If not, will it devote particular attention to this question in view of the value of the works
transported and with a view to achieving the objectives of the Single Market?

Is it acceptable that a State that respects Community directives on public procurement should have to
accept that German museums and the public authorities that run them should oblige Spanish bidders to
use a German agent? Is it acceptable that the German firm that is the preferred agent should participate in
tender procedures, directly or indirectly?

In view of the need to achieve uniform regulation of the transport of works of art with regard to the
requirements that firms providing these services must fulfil, does the Commission see the need to draw up
a proposal on this question?

Answer given by Mr Bolkestein on behalf of the Commission

(5 July 2001)

The Commission is unaware of any discriminatory practice by German museums with regard to the
transport of works of art.

It will not fail to act on the Honourable Member(cid:146)s request that the competent authorities be questioned on
this matter and that any impact the matter may have on the application of Community law on public
procurement and the freedom to supply services be assessed.

As the Honourable Member points out, both the Community directives on public procurement and
Article 49 (ex Article 59) of the EC Treaty prohibit direct or indirect discrimination based on nationality.