WRITTEN QUESTION P-3405/01 by Luigi Cocilovo (PPE-DE) to the Commission. Call for tenders D1/ASS/2001/0053.
Date: 2001-12-05
Institutions: European Parliament, Provisional data
Subjects: EU financial instrument, EU institution, environmental protection, invitation to tender, linguistic discrimination, official language, use of languages

C 172 E/54

Official Journal of the European Communities

EN

18.7.2002

(2002/C 172 E/058)

WRITTEN QUESTION P-3405/01

by Luigi Cocilovo (PPE-DE) to the Commission

(5 December 2001)

Subject: Call for tenders D1/ASS/2001/0053

On 10 July 2001 the Commission published in Official Journal S 130 an open call for tenders (ref. D1/
ASS/2001/0053) for the provision of assistance and technical support for the tasks relating to the actions
in the LIFE environment programme which are funded in the 15 EU Member States and certain applicant
countries. Paragraph 1.6(c) of the Technical Annex to the call for tenders is concerned with the selection
criteria and the required composition of the team is clearly stated: The team-leader and the deputy team
leader as well as other staff … should, in addition to an active knowledge of English and/or French, have at
least a passive knowledge of the other language. These two languages will be the official languages for all
contacts with the Commission.

Pursuant to Articles 314 and 290 of the Treaty (which lay down the rules relating to language use within
the EU institutions and which are enacted by means of Article 6 of Council Regulation No 1), there are
eleven official
languages through the medium of which the EU institutions are required to work,
communicate, establish contact and divulge their activities, decisions, documents and legal acts.

Can the Commission indicate the legal basis (and thereby demonstrate that the Treaties and the relevant
legislation have been complied with) for stipulating in the call for tenders that English and French are the
sole ‘official languages’ for all contacts with the Commission?

Does such a stipulation not constitute linguistic discrimination against certain tenderers, or at least a
distortion of the internal market?

Will the Commission supply the details and the results of the assessment carried out of all those who
responded to call for tenders D1/ASS/2001/0053 in accordance with the selection criteria laid down in the
Technical Annex to the call?

(2002/C 172 E/059)

WRITTEN QUESTION P-3446/01

by Marianne Thyssen (PPE-DE) to the Commission

(6 December 2001)

Subject: Official languages within the EU institutions

On 10 July 2001 the Commission published in Official Journal S 130 a call for tenders (D1/ASS/2001/
0053) for the provision of assistance and technical support for the tasks relating to the actions in the LIFE
environment programme which are funded in the 15 EU Member States and certain applicant countries.

Paragraph 1.6(c) of the Technical Annex to the call for tenders is concerned with the selection criteria and
the required composition of the team and it is clearly stated.

‘The team-leader and the deputy team leader as well as other staff with co-ordination responsibilities
vis-à-vis the Commission should, in addition to an active knowledge of English and/or French, have at least
a passive knowledge of the other language. These two languages will be the official
languages for all
contacts with the Commission’.

Under Articles 21 and 290 of the Treaty, which lay down the rules relating to language use within the EU
institutions and are enacted by means of Article 2 of Council Regulation No 1/58 (1), there are 11 official
languages through the medium of which the EU institutions are required to work, communicate, establish
contact and divulge their activities, decisions, documents and acts.

What is the legal basis for the stipulation that English and French are the official
languages of the
European Union for all contacts with the Commission in this tender and is this not contrary to the Treaty
and Regulation No 1/58?