WRITTEN QUESTION E-1687/02 by Herbert Bösch (PSE) to the Commission. ECB, EIB and directives on public procurement.
Date: 2002-06-12
Institutions: European Parliament, Provisional data
Subjects: European Central Bank, European Investment Bank, administrative transparency, award of contract

C 301 E/210

Official Journal of the European Communities

EN

5.12.2002

(2002/C 301 E/221)

WRITTEN QUESTION E-1687/02

by Herbert Bösch (PSE) to the Commission

(12 June 2002)

Subject: ECB, EIB and directives on public procurement

Can the Commission indicate whether the EU directives on public procurement also apply to the European
Central Bank (ECB) and to the European Investment Bank (EIB)?

Answer given by Mr Bolkestein on behalf of the Commission

(25 July 2002)

The Community directives on public procurement are aimed at regulating the behaviour of awarding
authorities in the Member States (State, regional and local authorities, bodies governed by public law and
associations formed by one or more of the aforementioned authorities or bodies) so that their public
contracts are open to enterprises from other Member States.

In consequence, the Community directives on public procurement are not addressed per se to international
organisations such as the Union and its institutions, which do not fit the Community definition of
awarding authority.

In the interests of sound financial management and transparency, the Council nevertheless considers that,
when awarding contracts, the institutions must comply with the same obligations as are incumbent on
bodies in the Member States by virtue of the Council directives coordinating procedures for the award of
public works, supply and services contracts with a value equal to or higher than the thresholds established
by those directives.

This obligation was
introduced by Council Regulation (EC, Euratom, ECSC) No 2333/95 of
18 September 1995, amending the Financial Regulation of 21 December 1977 applicable to the general
budget of the European Communities (1) and has been incorporated in Article 56 of the above-mentioned
Financial Regulation.

Nevertheless, it should be pointed out to the honourable Member that the ECB and the EIB are not subject
to the provisions of the above-mentioned Financial Regulation. However, according to the information at
its disposal, the Commission would like to point out that these two institutions have adopted their own
contract-award regulations which, whilst taking account of the specific nature and objective of their tasks,
draw heavily on Community legislation on public procurement and the above-mentioned Financial
Regulation.

(1) OJ L 240, 7.10.1995.

(2002/C 301 E/222)

WRITTEN QUESTION E-1691/02

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Application of the directive on the recognition of diplomas

(12 June 2002)

Further to the Greek Education Minister’s letter to the Commission stating that Greece is not obliged to
recognise educational qualifications awarded by foreign institutions, can the Commission say what it
proposes to do to enforce the application of Directive 89/48/EEC (1)?

Commissioner Bolkestein has in fact sent a letter of formal notice to Greece requesting it to take all
necessary measures to implement the directive concerned and leaving open the possibility of proceedings
in the Court of Justice.

(1) OJ L 19, 24.1.1989, p. 16.