WRITTEN QUESTION E-2969/01 by Antonios Trakatellis (PPE-DE) to the Commission. Breaches of Community law in connection with the award of public contracts in Greece.
Date: 2001-10-26
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Greece, application of EU law, award of contract, fine, national implementing measure, public contract, public works, services contract, works contract

C 115 E/202

Official Journal of the European Communities

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16.5.2002

the three pillars of

The Association Agreements concluded between the Union and the respective partners of the Barcelona
Process (cid:26) including Egypt (cid:26) have to be seen in the framework of
the Barcelona Declaration of
27-28 November 1995. One of
the Barcelona Declaration is the progressive
establishment of free trade between the Community and its partners, and among themselves. As for
agriculture, the Barcelona Declaration states that trade in agriculture is to be progressively liberalised
through reciprocal preferential access among the parties, taking as a starting point traditional trade flows,
as far as the various agricultural policies allow and with due respect to the results achieved within the
general agreement on tariffs and trade (GATT) negotiations. The aim of the whole process is to create a
win-win situation to boost the trade between the parties and there is consequently no need to consider any
compensation for the farmers.

The Commission would finally like to assure the Honourable Member that
the Community-Egypt
agreement in the agricultural sector in no way can be considered to have been concluded with the aim to
compensate results achieved in other sectors. The agricultural agreement is instead considered to be
favourable for operators both in the Community and in Egypt.

(1) 25 years and beyond, the European Union & Egypt in partnership. Delegation of the European Commission in

Egypt.

(2) COM(97) 477 final.

(2002/C 115 E/215)

WRITTEN QUESTION E-2969/01

by Antonios Trakatellis (PPE-DE) to the Commission

(26 October 2001)

Subject: Breaches of Community law in connection with the award of public contracts in Greece

In case C-311/95 the European Court of Justice ruled that Greece had failed to comply with Directive
92/50/EEC (1) relating to the coordination of procedures for the award of public contracts for the provision
of services, since it should have adopted the requisite laws, regulations and administrative provisions and
had not done so. The Commission suggested that a financial penalty (fine) of 39 975 euros per day be
paid.

In view of the large number of public contracts which are awarded in Greece, and particularly in view of
the Olympic Games, as well as the frequent delays in the allocation and execution of public contracts,
accompanied by a loss of Community appropriations, could the Commission answer the following
questions:

1. Has Greek legislation on the award of public contracts been adjusted, and what has happened about

payment of the above fine?

2. Have the necessary measures been taken for the introduction of a joint steering committee, as
provided for by the Community support framework in Greece, in order to ensure effective compliance
with the measures specified for the completion of projects?

3. How far is Greek law consistent with Community legislation on the subject of the direct awarding of
public contracts, and how is the public interest protected and the overall transparency of procedures
ensured?

4. Has the legal framework which will govern contracts awarding infrastructure projects under the third
CSF been devised to conform to the self-financing system, and if so, is this consistent with Community
law?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(19 December 2001)

The Commission informs the Honourable Member that:

1. Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures for the
award of public service contracts (1) was transposed in Greece by Presidential Decree No 346/1998 of
12 October 1998. The Court of Justice has not imposed a fine upon Greece in relation to the
transposition procedure in question.

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2. The 1994-1999 Community Support Framework (CSF)

referred to the need to improve the
arrangements for awarding public works. A Joint Steering Committee was set up in January 1995, as
a sub-Committee of the CSF Monitoring Committee, with the remit of contributing to this reform. It
produced some studies and submitted proposals based on some 15 topics. Several of these proposals
led to important legal and/or administrative provisions being taken. Others are still being examined at
political level. The 2000-2006 CSF refers clearly to the need to continue and complete this reform and
provides for a detailed action plan to be submitted to the Commission for the completion of the main
part of this reform by the end of 2001. It is also planned to set up a committee of experts to assist the
managing authority for the CSF in this regard.

3. With the exception of Directive 98/4/EC of

the Council of
16 February 1998 amending Directive 93/38/EEC coordinating the procurement procedures of entities
operating in the water, energy,
for which a draft
presidential decree is, however, currently in the process of being adopted, Greece has transposed all
the Community directives on the award of public contracts.

transport and telecommunications sectors (2),

the European Parliament and of

4. As regards the award of public works concessions, in particular, Greece has also transposed into its
national legislation the relevant rules from Council Directive 93/37/EEC of 14 June 1993 concerning
the coordination of procedures for the award of public works contracts (3) (Presidential Decree No
334/2000 of 21 December 2000). As for the rest of your question, and according to the information
available to the Commission, Greece has not adopted any legislative framework specific to the award
of public works concessions in addition to the rules of Community law for the purposes of managing
the award and execution of such contracts. For this reason, public works concessions that are
currently put up for competition in Greece are governed by ad hoc rules, adopted specifically for each
It must nevertheless be added that a draft law is being prepared by the Greek
individual case.
authorities to make up for this lacuna, but it is not yet known within what timescale it will be
adopted.

(1) OJ L 209, 24.7.1992.
(2) OJ L 101, 1.4.1998.
(3) OJ L 199, 9.8.1993.

(2002/C 115 E/216)

WRITTEN QUESTION E-2970/01

by Antonios Trakatellis (PPE-DE) to the Commission

Subject: Liberalisation of the postal services in Greece

(26 October 2001)

Directive 97/67/EEC (1) on common rules for the development of the internal market of Community postal
services and the improvement of quality of service stipulates that the Member States must bring into force
the provisions necessary to comply with the directive no later than 21 October 1999.

In view of the operational problems in the Greek postal services, and given the fact that consideration is
being given, with the new proposal for a directive, to the opening-up of approximately 20 % of the total
postal services market in the EU in 2003:

1. Has Greek legislation been brought into line with the above Community legislation, and what is the
result of the application of provisions on liberalisation (quantitative share of the market) and the
improvement of the quality of postal services, such as the compulsory days for the delivery of cross-
border post?

2. Has Greece taken steps to liberalise the postal services market, so as to guarantee in this market, as in
the other Member States, a universal postal service, criteria defining non-reserved services, tariff
principles, transparency of accounts, the setting of quality standards, the harmonisation of technical
standards and the creation of independent national authorities?

3. Has Greece introduced general procedures for the granting of authorisations, so as to guarantee
compliance with the fundamental requirements ensuring the orderly operation of a universal Greek
postal service, with easy access for users to the postal network?