WRITTEN QUESTION E-1612/02 by Konstantinos Hatzidakis (PPE-DE) to the Commission. New legal provisions governing technical assistance under the 3rd Community Support Framework (CSF).
Date: 2002-06-05
Institutions: European Parliament, Provisional data
Subjects: Community support framework, Greece, application of EU law, award of contract, invitation to tender, provision of services

C 309 E/146

Official Journal of the European Communities

EN

12.12.2002

Council Directive, which will aim at creating a fiscal framework for diesel, used as motor fuel for
professional purposes and approximating excise duties on petrol and diesel. The main line of this proposal
is announced in the White Paper on Common Transport Policy (2).

The Commission confirms that it did not propose the referral to the Court of Justice of the files in

3.
question.

4.
The Council on 12 March 2001, acting on a proposal by the Commission, authorised France, Italy
and the Netherlands to apply until 31 December 2002 differentiated levels of excise duties on diesel used
by commercial vehicles. This Council Decision was without prejudice to Articles 87 and 88 of the EC
Treaty (recital 5), which the Commission later applied in its decision to open formal State aid
investigations concerning the same measures. Beyond 2002, the Commission does not possess any
information as to the continuation of these measures. The Commission understood from the Dutch
notification that this measure will terminate by 1 October 2002.

The Commission will continue assessing State aid measures on its own merit and will decide or not if

5.
a referral of the file to the Court of Justice is considered appropriate.

The Commission, taking into account the political and legal analysis of the situation, decided not to

6.
refer the files to the Court of Justice.

7.
The Commission will continue to examine State aid measures on a case by case basis and assess if
measures can be considered compatible with the EC Treaty or not. The procedure foreseen in the third
subparagraph of Article 88(2) of the EC Treaty is an exceptional means, the Council may revert to at the
request of a Member State in case of exceptional circumstances.

(1) COM(2000) 769 final.
(2) COM(2001) 370 final.

(2002/C 309 E/169)

WRITTEN QUESTION E-1612/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(5 June 2002)

Subject: New legal provisions governing technical assistance under

the 3rd Community Support

Framework (CSF)

During the 2nd CSF,
the legal provisions governing technical assistance measures (expert studies,
promotion and publicity campaigns, etc.) allowed projects of a value up to Drs 6 million, including VAT,
to be commissioned directly by decision of a Minister or Secretary-General. Projects with bigger budgets
were subject to invitations to tender.

The new legal provisions (Presidential Decree 4/2002) governing technical assistance under the 3rd CSF,
however, overturn this situation, making only technical assistance projects over EUR 130 000 subject to
public tender, in accordance with Presidential Decrees 394/96 and 346/00, as applicable.

Is the Commission aware of this particular matter and what measures will it take to ensure transparency in
the awarding of contracts?

Answer given by Mr Barnier on behalf of the Commission

(3 July 2002)

In accordance with Council Directive 92/50/EEC of 18 June 1992 relating to the co-ordination of
procedures for the award of public service contracts (1), the amount of EUR 200 000, VAT not included, is
the minimum amount of a contract for the provision of services for which a call for tenders is compulsory.

Since in the case of the national legislation referred to by the Honourable Member, the minimum amount
for a tendering procedure is EUR 130 000, the relevant European legislation is respected.

(1) OJ L 209, 24.7.1992.