WRITTEN QUESTION E-0373/02 by Armando Cossutta (GUE/NGL) to the Commission. Public contracts, the Mafia and the Commission.
Date: 2002-02-14
Institutions: European Parliament, Provisional data
Subjects: Italy, Mafia, award of contract, fight against crime, fraud, infringement of EU law, public contract

29.8.2002

EN

Official Journal of the European Communities

C 205 E/125

Answer given by Mr Barnier on behalf of the Commission

(15 April 2002)

Greece has a large number of works to collect run-off water, some of which were part-financed by the
Structural Funds and the Cohesion Fund over the first ten years in order to meet the needs of agriculture
and cope with the lack of drinking water. Projects assisted by the Community include the large dam on the
Evinos to supply water to Athens, the Voion dam at Kozani, and those at Lefkoia and Kirgia in the
Prefecture of Drama, at Agia Paraskevi in Kalabaka, the Goumenissa reservoir at Kilkis and a whole series
of artificial lakes and water catchment schemes, particularly on the islands.

According to information from the Greek authorities, the following major projects have begun or are at an
advanced stage of planning: the Piros and Parapiros dams for Patras, the Aposselemis and Potamon dams
in Crete, the Gadouras dam on Rhodes, the Agioneri and Panagiotiko dams in Thessaly, the Vrachos dam
in Kastoria, the Grevena dam and the Achiron dam in Etoloakarnania, the Seta-Manikia dam in Sterea
Ellada, water supply on Corfu, the Arzan-Amatovo dam at Kilkis and restoration of part of the former lake
of Karla in Thessaly.

The Commission would remind the Honourable Member that neither water collection nor estimates of a
possible water shortage are matters for which it is responsible. However it should be noted that, under
Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for
Community action in the field of water policy (1), the Member States are required to provide data on water
management. This Directive must be transposed into national law no later than 22 December 2003.

(1) OJ L 327, 22.12.2000.

(2002/C 205 E/135)

WRITTEN QUESTION E-0373/02

by Armando Cossutta (GUE/NGL) to the Commission

Subject: Public contracts, the Mafia and the Commission

(14 February 2002)

It is worrying that the Commission evades the issue in its answers to previous written questions E-2663/
01 (1) and E-3366/01 (2) on the infringement of Community law in the sphere of public contracts in Italy,
following the statement made by the Italian Minister Mr Lunardi about the need to ‘live with the Mafia’.

Does the Commission not consider Italy’s ‘living with the Mafia’ to be an infringement of Community

1.
law on public contracts?

2. With regard to the public statements made by Mr Lunardi concerning the need > in connection with
public contracts, for which his office is responsible > to ‘live with the Mafia’, what steps has the
Commission taken to ensure respect for the law in the Union?

3. Why has the Commission not taken any official action vis-à-vis the Italian Government regarding the
blatant infringement of Community law which the Italian Minister’s statements imply?

(1) OJ C 115 E, 16.5.2002, p. 142.
(2) See page 29.

Answer given by Mr Bolkestein on behalf of the Commission

(22 March 2002)

The Honourable Member is referred to the Commission’s answers to his Written Questions E-2663/

1.
01 (1) and E-3366/01 (2).

C 205 E/126

Official Journal of the European Communities

EN

29.8.2002

in Article 46(1) of its proposal for a Directive of the
The Commission has in fact pointed out that,
European Parliament and of the Council relating to the coordination of procedures for the award of public
supply, public service and public works contracts, it introduced an obligation aimed at excluding from
participation in the invitation to tender any tenderer who has been the subject of a definitive judgment for
participation in a criminal organisation,
the European
Communities. This provision has already been approved by the Parliament at the first reading under the
co-decision legislative procedure.

for corruption or for financial

fraud against

The Commission has also noted that, in this context, the Italian Government has always demonstrated its
full commitment to achieving the objectives of this proposal. In this respect, the Commission reiterates
that
the Italian Government has up to now agreed with and supported the proposals which the
Commission has made concerning the above-mentioned aspect, during the discussions on the afore-
mentioned proposal for a Directive.

2.
The Commission then pointed out that the procedures laid down by the Community Directives
currently in force, and the transparency which these bring, are also intended to combat corruption and
fraud in public contracts. The monitoring of compliance with these procedures, particularly by the
Commission but also by the national courts, plays a part in the battle against these practices. The
Commission is convinced that its new measure, once approved and in force, will help tighten up the
checks on procedures for awarding public contracts, by making it compulsory for awarding authorities to
exclude tenderers guilty of the aforementioned offences, rather than simply giving them this option, as at
present.

3.
Finally, with regard to the alleged infringement of Community law on public contracts which might
be implied in the statements made by the Italian Minister, Mr Lunardi, the Commission feels that these
statements do not, in themselves, constitute an infringement of the Community Directives in the field of
public contracts.

However, should the Honourable Member have any knowledge of award procedures for public contracts
during which the Italian authorities may have favoured entrepreneurs linked to a criminal organisation, he
is free to inform the Commission of this. If he did so, the Commission would certainly examine the
information received and request any necessary clarification from the Italian authorities, in order to check
whether there would be any reason to initiate infringement proceedings under Article 226 of the EC
Treaty.

(1) OJ C 115 E, 16.5.2002, p. 142.
(2) See page 29.

(2002/C 205 E/136)

WRITTEN QUESTION E-0375/02

by Hartmut Nassauer (PPE-DE) to the Commission

(19 February 2002)

Subject: Framework Waste Directive 91/156/EEC and Directive 94/31/EC > questions on the present

situation in Europe with regard to waste and the recovery/recycling of waste

According to the EU’s Framework Waste Directive (Council Directive 91/156/EEC (1) of 18 March
1.
1991 amending Directive 75/442/EEC on waste) and Council Directive 94/31/EC (2) of 27 June 1994
amending Directive 91/689/EEC on hazardous waste,
the term recycling or recovery covers both
mechanical and feedstock recycling processes and energy recovery. Is this correct?

To what extent are waste incineration capacities in Europe currently being utilised, excluding

2.
hazardous chemical products?

3.

To what extent are incineration capacities currently being utilised in Europe:

(a)

for thermal treatment in the context of waste management, and

(b)

for energy recovery?