WRITTEN QUESTION E-3110/01 by Bart Staes (Verts/ALE) to the Commission. Implementation of European regulations on public-sector tendering.
Date: 2001-11-13
Institutions: European Parliament, Provisional data
Subjects: Belgium, European Council, application of EU law, award of contract, building industry, competition law, town-planning profession

6.6.2002

EN

Official Journal of the European Communities

C 134 E/201

As of 14 November 2001, the Agreement has been ratified by one Member State, ie Denmark, and by
27 ACP States. The ACP States having ratified the Agreement are in alphabetical order: Bahamas, Belize,
Comoros, Cook Islands, Djibouti, Eritrea, Ethiopia, Fiji, Guinea, Guyana, Jamaica, Kenya, Lesotho, Malawi,
Mali, Marshall Islands, Mauritius, Mauritania, Niue, Palau, St Kitts and Nevis, Samoa, Seychelles, Sierra
Leone, Sudan, Tonga, Tuvalu.

The Commission regularly uses the opportunity to remind the signatories of the need to proceed as soon
as possible to the ratification of the Agreement. At the Development Council on 31 May 2001 and
subsequently by letter, the Member of the Commission responsible for Development urged Member States
to complete the ratification procedure. At the Joint Parliamentary Assembly on 30 October 2001 the
Member of the Commission reiterated his appeal urging that full implementation of the Agreement should
be planned for the middle of 2002, in time for the meeting of the ACP-Union Joint Council of Ministers in
the Dominican Republic in June 2002.

(2002/C 134 E/209)

WRITTEN QUESTION E-3110/01

by Bart Staes (Verts/ALE) to the Commission

(13 November 2001)

Subject: Implementation of European regulations on public-sector tendering

It was decided at the Nice European Council that the European Council would in future meet regularly in
Brussels. According to the German architecture magazine Bauwelt and other press reports, the Belgian
is planning the
together with the minister responsible for buildings management,
prime minister,
construction of a new congress centre in Brussels, where meetings of the European Council will be held.

Although no site has as yet been determined for the meeting centre, it would appear already to have been
decided who will build it. The firm concerned, M. Jaspers & Partners, is reported to have been approached
by the prime minister with a view to submitting estimates for the new congress building. No reference has
been made to putting the work out to public-sector tender.

Such arrangements are of course contrary to European regulations on public-sector tendering.

Is the Commission aware of the Belgian plans to ignore European regulations in proceeding with the

1.
construction of a new congress building?

Does it share the view that the right approach to such a project would be to invite submissions to an

2.
architectural competition, having regard to the impact on the Brussels cityscape?

Answer given by Mr Bolkestein on behalf of the Commission

(1 February 2002)

According to the information in the Honourable Member’s possession, the Belgian Prime Minister is
supposed to have asked the firm of Jaspers & Partners to submit designs for the construction of a new
building in which to hold European Council meetings in Brussels. It is alleged that there was no prior
invitation to tender, which would constitute an infringement of Community public procurement law.

According to the information transmitted by the Belgian authorities to the Commission, it appears that no
procedure has yet been set in motion regarding the project for the construction of a new building to house
the meetings organised for the European Summits which will be held in Brussels. The site plan for the
‘Espace de l’Europe’ was drawn up by the architectural studio of M. Jaspers-J. Eyers & Partners-P. Cools on
its own initiative and free of charge. Given these conditions, this cannot be a public contract under the
terms of the Community directives.

At any rate, the Belgian authorities have given an express undertaking to comply with the Community
directives and Belgian public procurement legislation, should the decision be taken to go ahead with the
construction of this building.

C 134 E/202

Official Journal of the European Communities

EN

6.6.2002

As for knowing whether the Commission shares the view that a project of this nature should be the
subject of an architectural competition, the Commission would point out that the Belgian authorities are at
liberty to choose whichever procedure(s)
they consider to be the most appropriate (architectural
competition, service contract, works contract), in compliance with the applicable Community law. Since
this law contains no obligation to make use of the competition procedure, in certain specific cases, the
Commission is unable to comment on this point.

(2002/C 134 E/210)

WRITTEN QUESTION E-3114/01

by Theresa Villiers (PPE-DE) to the Council

(15 November 2001)

Subject: Health spending

Could the Council please indicate, as a proportion of GDP, expenditure on healthcare in each EU

1.
Member State by:

(a) governments,

(b)

individuals?

Could it also please indicate average EU expenditure on healthcare as a proportion of GDP, using the

2.
most recent figures available?

Reply

(18 February 2002)

The Council does not receive data on health care expenditure in EU Member States and therefore is not in
a position to reply to the Honourable Member’s questions.

Until now, these figures were published by the OECD. However, in the future, Eurostat and the OECD will
cooperate to collect and update such data for publication.

(2002/C 134 E/211)

WRITTEN QUESTION P-3117/01

by Karin Riis-Jørgensen (ELDR) to the Commission

Subject: The aviation industry following 11 September 2001

(5 November 2001)

The terrorist attacks on the World Trade Center and the Pentagon on 11 September 2001 have
exacerbated the crisis in the aviation industry in the USA and Europe. The US authorities have responded
by granting their industry an aid package worth some $ 15 billion. The crisis has also entailed a reduction
in the number of departures for many airlines both in the USA and Europe.

E What steps will the Commission take to monitor the US authorities’ aid package and its impact on the
it ensure that the aid package is consistent with

market in passenger transport, and how will
international trade agreements?

E In the light of the Commission’s recent proposal on the allocation of slots at airports, what steps will
it take to ensure that airlines based in the country of departure are not given preferential treatment in
that respect, and what consequences does the Commission foresee if the proposal is adopted in its
present form?