WRITTEN QUESTION E-2273/02 by María Valenciano Martínez-Orozco (PSE) to the Commission. Status of complaint No 2000/5137.
Date: 2002-07-24
Institutions: European Parliament, Provisional data
Subjects: Spain, award of contract, complaint to the Commission, infringement procedure (EU), public contract, public works, service concession

12.12.2002

EN

Official Journal of the European Communities

C 309 E/215

establishments shall be approved by, or registered with, the authority and comply with the requirements of
Articles 5 on care and accommodation of animals and Article 14 on education and training of personnel
involved in animal experimentation. The Commission has no reason to assume that these provisions are
not being met.

According to the Directive,
responsibility of
indication that the competent Spanish authorities do not sufficiently carry out this control.

the control of breeding establishments for experimental animals is the
the national competent authorities. The Commission has so far not received any

The Commission considers that there is currently no basis for a Commission investigation. However, the
Commission would be grateful for information about possible infringements of the Directive in the above
context, which the Honourable Member may have.

(2002/C 309 E/247)

WRITTEN QUESTION E-2273/02

by María Valenciano Martínez-Orozco (PSE) to the Commission

Subject: Status of complaint No 2000/5137

(24 July 2002)

With reference to complaint No 2000/5137 lodged with the Internal Market Directorate-General
concerning non-fulfilment in the field of public procurement, could the Commission indicate the stage
reached in the complaint proceedings?

Has the Commission received any kind of reply from the Spanish authorities in response to the formal
notice issued?

What specific measures will the Commission take in order to resolve this matter and thereby ensure
compliance with Community legislation?

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2002)

On 17 July 2002, the Commission decided to send Spain a reasoned opinion (Article 226 of the EC Treaty)
adjudging that this Member State had failed to meet its obligations under Community law when awarding
two
a public works and services concession for the construction, maintenance and exploitation of
connections of the A6 motorway with Segovia and Ávila, and for the maintenance and exploitation of the
Villalba-Adanero section of the same motorway.

The Commission has in fact discovered that the concession contract contained new and important features
which did not appear either in the concession notice or in the administrative specifications and which had
not therefore been given adequate publicity. The infrastructure works not initially provided for concern, in
particular, the construction of a new reversible lane (including a new tunnel) between San Rafael and
El Valle de los Caídos, the construction of new lanes on two other sections (cid:1) one of them toll-free (cid:1) and
the construction of a new tollgate area, as well as other works.

In view of the foregoing, the Commission considers that the procedure for the award of the concession in
question was not conducted in compliance with the principles of transparency and equal treatment laid
down by the EC Treaty and set out in the provisions of the Community Directives on public procurement.

Pursuant to Article 226 of the EC Treaty, Spain has two months after receipt of the reasoned opinion in
which to respond. If there is no response, or if it is unsatisfactory, the Commission may decide to refer the
case to the European Court of Justice.