WRITTEN QUESTION P-0342/03 by Laura González Álvarez (GUE/NGL) to the Commission. Procedure for awarding contracts for projects financed by ISPA.
Date: 2003-02-05
Institutions: European Parliament, Provisional data
Subjects: EBRD, EU financing, Poland, Romania, award of contract, pre-accession aid

9.10.2003

EN

Official Journal of the European Union

C 242 E/119

Regulation’s driving time and rest period rules, which are monitored by a tachograph installed within the
vehicle and can be checked at the roadside and indeed on the premises by the enforcement authorities.

(1) OJ C 51, 26.2.2002.

(2003/C 242 E/121)

WRITTEN QUESTION P-0323/03

by Salvador Jové Peres (GUE/NGL) to the Commission

(4 February 2003)

Subject: Environmental impact of the Segarra-Garrigues irrigation project

What criteria have been followed to determine the exclusion zones defined for the Segarra-Garrigues
irrigation project? Is the defined exclusion zone the sole habitat for the steppe fauna which is to be
protected? Could the exclusion zone not be distributed in a less concentrated and more balanced way?

Is the Commission sure that these zones have been determined using exclusively scientific, and in
particular ecological criteria? Is the Commission sure that these zones have not been determined on the
basis of political criteria?

Answer given by Mrs Wallström on behalf of the Commission

(3 March 2003)

It is for the Spanish authorities alone to determine the exclusion zones defined for the Segarra-Garrigues
irrigation project. Nonetheless, as this project could affect the conservation of several bird species referred
to in Annex I to Directive 79/409/EEC (1), the Commission will ensure that the provisions of that Directive
and of Directive 92/43/EEC (2) are complied with in this particular case.

(1) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (cid:1) OJ L 103, 25.4.1979.
(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (cid:1)

OJ L 206, 22.7.1992.

(2003/C 242 E/122)

WRITTEN QUESTION P-0342/03

by Laura González Álvarez (GUE/NGL) to the Commission

(5 February 2003)

Subject: Procedure for awarding contracts for projects financed by ISPA

Is it true that the procedure used for assessing tenders when awarding contracts for projects cofinanced by
ISPA and the EBRD is the one laid down by the latter institution, despite the fact that the EBRD only
finances a small proportion of each project?

How can the Commission ensure adequate supervision of the awarding of such contracts in the candidate
countries (and especially Poland and Romania, where this type of situation has already arisen), bearing in
mind that the EBRD procedures are deemed less restrictive and transparent than those which ISPA applies
to the other projects it finances?

Why does the Commission not apply its own assessment and selection procedures, which are subject to
the control of other Community institutions? Why does it elect to follow the procedures of third party
institutions?

C 242 E/120

Official Journal of the European Union

EN

9.10.2003

Answer given by Mr Barnier on behalf of the Commission

(4 March 2003)

The ‘ISPA Regulation’ (1) authorises the use of public procurement procedures that traditionally apply to
cases involving Community assistance.

Funding provided by the European Bank for Reconstruction and Development (EBRD) often contributes to
financing large ISPA projects in the environment sector in the countries concerned including Romania and
Poland. The opening to EBRD procurement rules is only granted to the parts financed through the EBRD
loan. EBRD rules are not applied to the part of the project that is financed under ISPA.

EBRD procurement policies and rules follow international standards and are based on principles similar to
those applying to Community rules, namely, non-discrimination, fairness and transparency. They are in
line with the General Agreement on Tariffs and Trade (GATT) agreement on government procurement.

For technical reasons, the EBRD is unable to apply Community procurement rules applicable to external
aid which are, in any event, relatively untested for large work tenders.

EBRD is an essential source of co-financing, without which it would not have been possible to realise
many large projects, especially in the environmental sector, in many Central and Eastern Europe countries.
This explains why the ISPA Regulation was modified in order to establish the legal basis to allow the
application of EBRD procurement rules (or those of other international financing sources that co-finance
ISPA measures).

(1) Council Regulation (EC) No 2382/2001 of 4 December 2001 amending Regulation (EC) No 1267/1999 establishing

an Instrument for Structural Policies for Pre-Accession (cid:1) OJ L 323, 7.12.2001.

(2003/C 242 E/123)

WRITTEN QUESTION E-0355/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(12 February 2003)

Subject: Allegations concerning Greek carriers

The Hellenic Federation of International Road Transport Operators alleges that some Greek carriers are
mounting operations in a foreign country of their choice in order to obtain an authorisation there to
pursue the occupation of road transport operator, together with approval for registration of their goods
vehicles.

Specifically, they rent offices, nominate a location as their headquarters, have the required books and data
certified and fulfil any additional requirements in the country of establishment with the aim of obtaining
registration documents, plates and Community level 5 permits for their lorries. To conclude the procedure,
they leave the country, discontinuing all the above-mentioned activities, and return to Greece, their real
country of establishment. With lorries which are not registered in Greece, they operate both international
and national transport illegally. In addition, it appears that they do not pay income tax, road tax or other
taxes in any country, that their books and other data cannot be checked, since these are not kept in the
undertaking’s head office, and that checks cannot be carried out to verify whether the technical checks
have been completed.

Does the Commission have any information confirming these allegations? What steps does it intend to
take to verify the facts and to combat the phenomenon, if it is proved to exist?