WRITTEN QUESTION P-0029/03 by Monica Frassoni (Verts/ALE) to the Commission. Contract to build the underground light railway in Brescia, Italy.
Date: 2003-01-14
Institutions: European Parliament, Provisional data
Subjects: Italy, award of contract, competition law, invitation to tender, project evaluation, underground railway

C 161 E/170

Official Journal of the European Union

EN

10.7.2003

Why will the Commission not set up a programme of curative holidays for Belarussian, Ukrainian and
Russian children within the EU’s medical services and hospitals?

What is the current status of the ‘policies on assistance to tackle the problems arising from the accident’
mentioned by the Commission in its answer of 3 September 2001 to Written Question E-1570/01 (3) by
Mrs Isler Béguin MEP?

(1) http://www.fortunecity.com/boozers/vines/860/Nester/nesteree.htm.
(2)

‘[…] It remains imperative to maintain assistance programmes to remedy the human consequences of
Chernobyl disaster as well as to support civil society’.

the

(3) OJ C 40 E, 14.2.2002, p. 54.

Answer given by Mr Patten on behalf of the Commission

(26 February 2003)

The Commission is deeply concerned about the humanitarian, ecological and medical consequences of the
Chernobyl catastrophe in Belarus, Ukraine and Russia.

The Commission has been an active donor in the Chernobyl area for over ten years. Initially, the assistance
comprised mainly emergency relief and joint research activities. In later years, the Commission, within the
limitations set by the political context, has supported a number of projects dealing with the health,
economic, social and environmental consequences of the Chernobyl disaster. Specifically in the health area,
support has been given for the diagnosis and treatment of thyroid cancer and associated training, for a
production facility for thyroxin, a drug needed by those who undergo thyroid surgery. In total, over
EUR 60 million has been attributed to Chernobyl related aid including more than 100 projects assessing
the health and environmental impact of the disaster.

The impression that there is no Chernobyl programme for Belarus comes from the fact that the bulk of the
activity is channelled through regional programs designed for Belarus, Ukraine and Russia at the same
time. The Commission has financed from budget 1996 a regional project addressing social and medical
consequences of the Chernobyl accident with the budget of EUR 1,5 million. This project ended in 2001,
resulting in 15 pilot projects in the three countries addressing the mentioned issues.

As regards the future, allocations coming both from the limited (EUR 5 million in total) national TACIS
programme for Belarus and from the Nuclear Safety programme, are planned for assistance to alleviate the
social consequences of the Chernobyl disaster for 2003 and 2004.

The Commission is now in the project identification phase for the programmes in question. Honourable
Members will appreciate that it is too early to discuss individual projects at this stage. A Commission
decision on the TACIS Action Programme for Belarus is foreseen for May or June 2003.

(2003/C 161 E/175)

WRITTEN QUESTION P-0029/03

by Monica Frassoni (Verts/ALE) to the Commission

(14 January 2003)

Subject: Contract to build the underground light railway in Brescia, Italy

The town council of Brescia has been planning for some years now to build an underground light railway.
After a series of problems involved in finding the necessary funding Brescia town council approved the
project to build the underground in decisions No 137 of 26 July 1999 and No 65 of 31 March 2000 and
entrusted the public company ASM (now called Brescia Mobilità) with the task of issuing the call to tender.

ASM published the call to tender (1) in the European Official Journal on 20 April 2000. The project
entailed building a line approximately 18 km long with 23 stations. An all-inclusive price of
ITL 1 130 billion or EUR 583 596 296 was set. This is equivalent to EUR 32,4 million per kilometre.

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Official Journal of the European Union

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In September 2001 the council decided to modify the route of the railway and make almost the whole line
run underground.

On 19 October 2001, when the deadline for the submission of tenders expired, only the group headed by
Ansaldo and including Breda and Astaldi Necso had submitted a tender with these technical and financial
specifications.

On 7 March 2002 the tender was examined and the price quoted was EUR 583 million.

At the meeting on 16 December 2002 the town council approved the financial plan for the underground,
set a new contract price of EUR 562 million and decided to substantially modify the route, reducing it to a
length of 13,7 km, with 18 stations. Brescia Mobilità (formerly ASM) was instructed to draw up the
contract with the group which had submitted the tender.

On the basis of the council’s decision the average cost per kilometre of carrying out the project thus rose
from the EUR 32,4 million specified in the call to tender to EUR 41 million, an increase of more than
26,5 %.

The contract is to be concluded with the group headed by Ansaldo in the middle of February.

Does the Commission not consider that the substantial modification to the project specified in the call to
tender and the agreement of a new price between the entity awarding the contract and the contractor
(entailing an increase of 26,5 % per kilometre) before conclusion of the contract infringes legislation on the
awarding of public works contracts in accordance with the procedures laid down in the call to tender and
hence means that the conditions for fair competition within the Community have been undermined,
thereby unlawfully favouring the only group taking part in the tendering procedure, since other potential
competitors were unable to submit tenders?

Furthermore, does the Commission not consider that, since the contract is to be drawn up very soon, it is
essential that the competent Italian authorities should be informed as a matter of urgency about this
anomaly, so that they can clarify the situation as soon as possible?

(1) Restricted tendering procedure (Legislative Decree No 158 of 17 March 1995, amended by Legislative Decree

No 525 of 25 November 1999).

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2003)

On the basis of the information currently at its disposal, the Commission is not in a position to judge
whether the procedures followed by the Brescia Mobilità contracting entity in awarding a public works
contract to build the underground light railway in Brescia constitute an infringement of Community law
on public works contracts.

At any rate, and given that the Honourable Member has indicated that the contract in question is to be
concluded in the very near future, the Commission will ask the Italian authorities without delay for all the
information it requires to assess whether the award procedures at issue are compatible with Community
law. If, once this information has been examined, it should transpire that the procedures followed are
incompatible with the applicable Community legislation, the Commission will not hesitate to draw the
appropriate conclusions under the terms of the EC Treaty.

(2003/C 161 E/176)

WRITTEN QUESTION E-0033/03

by Olivier Dupuis (NI) to the Commission

(21 January 2003)

Subject: Extrajudicial killings in Grozny

The Russian press agency ‘Prima news’ has reported that the bodies of three Oil Institute students were
discovered on 29 December near a bus terminal in the Oktyabr district, Grozny. The bodies carried the
marks of a violent death: all three throats had been cut, and their heads showed signs of being shot at
close range.