WRITTEN QUESTION E-3005/01 by Raffaele Costa (PPE-DE) to the Commission. Motorway concessions.
Date: 2001-10-29
Institutions: European Parliament, Provisional data
Subjects: Italy, award of contract, equal treatment, exchange of information, freedom to provide services, motorway, right of establishment, service concession

C 93 E/214

Official Journal of the European Communities

EN

18.4.2002

Comparisons across countries should be made with caution for the reasons mentioned above. First
3.
SHA prototype data for selected Member States indicate that the data may change substantially, when
harmonised definitions are applied.

(2002/C 93 E/257)

WRITTEN QUESTION E-2950/01

by Charles Tannock (PPE-DE) to the Commission

Subject: The promotion of regional assemblies in the UK

(25 October 2001)

Has the Commission provided any funds to support campaigns for new elected regional assemblies in the
UK?

Answer given by Mr Barnier on behalf of the Commission

(3 December 2001)

As far as the programmes supported by the European Union under the Structural Funds are concerned, the
financing of campaigns of the type referred to by the Honourable Member is not an eligible expenditure.
The management of programmes supported by the Structural Funds is a responsibility decentralised to the
designated authorities in the Member States and regions. These authorities are responsible for the selection
of projects. They also carry the primary responsibility for the financial management and control of
European programmes.

(2002/C 93 E/258)

WRITTEN QUESTION E-3005/01

by Raffaele Costa (PPE-DE) to the Commission

(29 October 2001)

Subject: Motorway concessions

What view does the Commission takes of the decision by the Italian government on the arrangements, that
have existed for decades, for granting concessions to motorway companies, which are now enjoying
extensions of several years without there having been any tender procedure? Is this how market rules are
applied? Is this how competition is protected? Is this how users subjected to unjustified frauds are
protected? Why does the European Union not intervene vigorously?

Reply given by Mr Bolkestein on behalf of the Commission

(19 December 2001)

that

The Commission would like to point out
the provisions of Community directives on public
procurement do not apply to the granting of concessions for services such as those cited by the
honourable member. Nevertheless, public administrations in such circumstances must adhere to the
principles and rules of the EC Treaty, and in particular, to the general principles of non-discrimination,
equal treatment, proportionality and transparency, as well as to the provisions governing the right to
provide services and the right of establishment. These rules and principles were set out in detail by the
Commission in its interpretative Communication on concessions under Community law, published in the
Official Journal (1).

As far as the motorway sector in particular is concerned, the Commission considers that in line with the
above-mentioned principles, the extension of a concession can be justified only by the need to compensate
the concession holder for damages or losses suffered as a result of unilateral decisions taken by the state to
deal with emergencies or situations due to unforeseen circumstances beyond the control of the concession
holder. These include, in particular, measures to freeze charges which are taken for social reasons or to
combat inflation, or decisions making it obligatory to perform work to adapt the motorway to new
requirements for safety, urban planning, or environmental protection which did not apply at the time the
concession was granted.

18.4.2002

EN

Official Journal of the European Communities

C 93 E/215

The Commission wishes to examine the provisions for the granting of motorway concessions in the
Member States and has asked the latter for detailed information on their procedures. The Commission is
currently analysing the information thus compiled in order to obtain an overall view of this sector. If on
completion of this examination it appears that the procedures followed in Italy for extending the duration
of concessions are likely to be incompatible with the provisions of the EC Treaty, the Commission will not
fail to take the necessary action.

(1) OJ C 121, 29.4.2000.

(2002/C 93 E/259)

WRITTEN QUESTION P-3009/01

by John Cushnahan (PPE-DE) to the Commission

(22 October 2001)

Subject: Farmyard pollution control grants

Has the Commission made any decision regarding the request form the Irish Government for permission
to raise the ceiling for the national scheme for the control of farmyard pollution? (ref. N113-99)

Answer given by Mr Fischler on behalf of the Commission

(28 November 2001)

The scheme the Honourable Member refers to, concerns an extension of the budget, the number of
beneficiaries and the duration of an aid scheme approved by the Commission on 14 July 1999 through
Decision SG (99) D/5100 (State aid No N 113/99). The amendments to the scheme is registered as State
aid No N 443/01 and was approved by the Commission on 30 October 2001 through Decision SG(01)
D/291979.

(2002/C 93 E/260)

WRITTEN QUESTION E-3073/01

by Mihail Papayannakis (GUE/NGL) to the Commission

(8 November 2001)

Subject: Recognition of architectural diplomas

Recently I have received complaints from individuals who are already registered with the Technical
Chambers of France and Germany and also wish to become members of the Technical Chamber of Greece,
but have been unable to do so. They complain that their applications are either not forwarded or remain
unanswered.

This is clearly a case of defective implementation of Directive 85/384/EEC (1) on the mutual recognition of
diplomas, certificates and other evidence of formal qualifications in architecture, including measures to
facilitate the effective exercise of the right of establishment and freedom to provide services, in spite of the
fact that this legislation was transposed into Greek law by the Presidential Decree of 7 April 1993. Could
the Commission investigate to what degree the charges are justified and whether the Greek authorities
responsible are applying the directive correctly?

(1) OJ L 223, 21.8.1985, p. 15.

Answer given by Mr Bolkestein on behalf of the Commission

(17 December 2001)

The Commission is aware of the problem raised by the Honourable Member, which is why it initiated
infringement proceedings on this matter in 1997.