WRITTEN QUESTION E-1847/01 by Francesco Turchi (UEN) to the Commission. Invitation to tender issued by the Trambus company.
Date: 2001-06-26
Institutions: European Parliament, Provisional data
Subjects: Italy, award of contract, competence of the Member States, invitation to tender, labour law, services contract, transfer of businesses

C 40 E/120

Official Journal of the European Communities

EN

14.2.2002

(2002/C 40 E/119)

WRITTEN QUESTION E-1841/01

by Maria Martens (PPE-DE) to the Council

(27 June 2001)

Subject: Dutch abortion ship

This month a ship with doctors on board is sailing from the Netherlands in the direction of Ireland in
order to offer Irish women the opportunity to have abortions. The ship is sailing under a Dutch flag. The
abortions will be carried out in international waters.

1.

Is the Council aware of this initiative of a Dutch abortion ship moored off the coast of Ireland?

How does this initiative stand in relation to European Community law, relevant case-law and

2.
international public law?

Does the Council think that this initiative may have the effect of undermining Irish law because the

3.
doctors on the ship intend to circumvent Irish law?

Has there been any discussion of this matter in the Council? If so, what was the outcome? If not,

4.
does the Council intend to discuss the (cid:145)abortion ship(cid:146) initiative in the near future?

Reply

(8 October 2001)

The Council is not competent to give an answer to the question raised by the Honourable Member of
Parliament since it is an internal affair of a Member State.

(2002/C 40 E/120)

WRITTEN QUESTION E-1847/01

by Francesco Turchi (UEN) to the Commission

Subject: Invitation to tender issued by the Trambus company

(26 June 2001)

The Trambus company (formerly ATAC) has issued an invitation to tender for depot, vehicle, and other
cleaning services for the period from October 2001 to December 2003. The tendering procedure is based
on a reference amount of ITL 53 375 000 000, equivalent to ITL 25 500 000 000 a year, and the contract
will be awarded for the most advantageous bid, determined on the basis of a points score broken down
into 55 points for the lowest price and 45 points for the project (28 of which will be accounted for by the
hours offered). For the last five years the contract has been administered by a consortium that employs
some 750 workers to cover the necessary 950 000 hours of work. That being the case, the hourly wage
used to calculate the reference amount is apparently ITL 26 842 or the cost of a daytime fifth level worker.
Most of the necessary workers currently employed are on the fourth and third levels. The work is done at
night (entailing a 30 % increase in the cost) and also on Sundays and holidays (for which the cost is 50 %
higher). A substantial outlay is required for machines, safety, consumables, overheads, and so forth. The
employment contract approved on 25 May 2001, after the call for tenders, further increases the labour
costs. According to the tender documents, prices will not be adjusted for the entire duration of the
contract, which could be as long as five years.

The Commission:

1. Does it consider the invitation to tender to be in accordance with the relevant Community legislation
in force, especially bearing in mind that the incorrectly valued reference amount could induce
dishonest companies to use illegal labour or resort to forms of tax and social security fraud and the
failure to lay down an obligation to take over all the existing staff, a condition provided for in the
national employment contract for workers in the category concerned, could have serious reper-
cussions in terms of employment?

2. How will it proceed in this matter and what action does it intend to take?

14.2.2002

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Official Journal of the European Communities

C 40 E/121

Answer given by Mr Bolkestein on behalf of the Commission

(17 September 2001)

In response to the honourable Member(cid:146)s question, the Commission points out that as Community
1.
law currently stands there is no provision in the directives on public contracts for any requirement on the
part of awarding authorities in connection with setting a base price for a contract.

In any case, the fact that a transfer is performed following an award procedure does not create
2.
specific problems concerning the application of Council Directive 2001/23/EC of 12 March 2001 on the
approximation of the laws of the Member States relating to the safeguarding of employees(cid:146) rights in the
event of transfers of undertakings, businesses or parts of undertakings or businesses (1). In addition, this
directive and Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for
the award of public service contracts (2) are not irreconcilable with regard to their purpose, as recently
confirmed by the Court of Justice ruling in the Oy Liikenne case (3). The rights of the workers in question
should therefore be safeguarded if the features indicating the transfer of an undertaking according to
Directive 2001/23/EC apply in this instance.

In view of the fact that Italian legislation has transposed the content of the reference directive into national
law with regard to the points raised by the honourable Member, it is for the national authorities to settle
any disputes which may arise in this matter.

(1) OJ L 82, 22.3.2001.
(2) OJ L 209, 24.7.1992.
(3) Ruling of 25.1.2001, case C-172/99, especially paragraphs 21/22.

(2002/C 40 E/121)

WRITTEN QUESTION E-1851/01

by Rosa MiguØlez Ramos (PSE) to the Commission

Subject: Cycling networks and European transport networks

(26 June 2001)

A number of associations representing those who use the bicycle as a means of transport are calling for a
European cycle path or lane network to be set up to link the embryonic routes already existing in the
different Member States. The network should form part of the European transport network and receive
Community funding to enable the lanes to be built, common road signs to be erected, and the routes to be
mapped. The use of the bicycle as a means of transport on safe paths offers an opportunity for healthy
physical exercise as well as reducing CO2 emissions.

This ambitious project, which would benefit citizens, would be a sporting and environment-friendly way to
progress towards European integration.

The cyclists(cid:146) associations are also calling on the Community to incorporate the bicycle in its transport
policy so as to make roads, railways, and the bicycle interoperable. One problem encountered by those
who use the bicycle as a means of transport is that bicycles may not be carried on the most modern trains
(the TGV, Thalis, or Eurostar) built with the aid of Community funding. Cyclists take exception to the fact
that the transport system being financed by the Community is not intermodal.

What plans does the Commission have to set up a European cycle path network?

Will it draw up plans to promote the bicycle as a means of transport and encompass them within the
European transport network?

Does it have a timetable and agenda for measures in this field?