WRITTEN QUESTION E-0405/03 by Jan Dhaene (Verts/ALE) to the Commission. International architecture competition relating to the European Quarter in Brussels.
Date: 2003-02-17
Institutions: European Parliament, Provisional data
Subjects: Brussels region, EU financing, application of EU law, award of contract, public contract, sanction (EU), services contract

C 268 E/98

Official Journal of the European Union

EN

7.11.2003

of the building scheme in sector AR-1 on the bird population will be very serious, as a result of the
massive increase in human pressure on the Els-Bassars-Clot de Galvany wetlands (over 10 000 new
residents in the immediate surroundings of a wetland of only 180 hectares, which is already suffering from
major urban building pressure, namely from the recently built tourist resorts on its southern border, in the
neighbouring township of Santa Pola).

Can the Commission investigate whether all the parameters were duly heeded which would justify the
unnecessariness of either an assessment procedure (Directive 97/11/EC) or an environmental impact study
(Directive 92/43/EEC) for the building scheme in question with regard to the Els Bassars-Clot de Galvany
wetlands and the Carabassi dune system (which belong to the on-shore ‘Tabarca’ SCI)? How is the
Commission going to ensure that the building scheme does not endanger this SCI?

(1) OJ L 73, 14.3.1997, p. 5.
(2) OJ L 206, 22.7.1992, p. 7.
(3) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(9 April 2003)

The Commission is already aware of the situation the Honourable Member describes in her written
question.

This is because it received a complaint, registered as No 2002/5164, concerning Elche’s town planning
programme and the scheme to build over 3 000 tourist accommodation units and a hotel within a site of
Community importance without an impact assessment study having first been carried out.

The complainant reports that the said plans will seriously affect the environment and cause the destruction
of the area’s habitat. He claims the construction of this complex will have major adverse effects on a large
number of species and habitats protected by Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora.

Accordingly, the Commission recently asked the Spanish authorities to comment on the situation reported
by the complainant and to provide full details of the scheme.

As guardian of the Treaties, the Commission will not hesitate to take all necessary steps to ensure that
Community law is complied with in this instance.

(2003/C 268 E/098)

WRITTEN QUESTION E-0405/03

by Jan Dhaene (Verts/ALE) to the Commission

(17 February 2003)

Subject: International architecture competition relating to the European Quarter in Brussels

In 1997, the European Commission and the Brussels-Capital Region launched an international architecture
competition relating to the European Quarter in Brussels, jointly financed by the two bodies on the basis
of 50 % each. The competition was won by Aukett + Art & Build. Following the complaint brought by a
participant
the rules governing
competitions, as set out in Article 13 of Directive 92/50/EEC (1), the Belgian authorities decided on
12 April 2001 to cancel the contract in question.

in the competition and by the Commission regarding a breach of

The Belgian authorities awarded the service contract for the ‘Place de l’Union européenne’ (Le soir, 24 July
2000) to the architectural firm ODC (for operations to the value of EUR 2 478 935). This ‘Place de l’Union
Européenne’ was included in the competition’s programme of studies.

Does the Commission intend to claim reimbursement of 50 % of the competition funding from the
Brussels-Capital Region, given that Belgium acknowledged the Commission’s grievances (see letter of
19 February 2001 from Jill Michielssen, for the Commission’s DG Internal Market, to the third-placed
entrant)?

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Official Journal of the European Union

C 268 E/99

Was the award of the contract to ODC to undertake studies for the ‘Place de l’Union européenne’
(Place J. Rey) carried out in keeping with the provisions of Council Directive 92/50/EEC of 18 June 1992,
relating to the coordination of procedures for the award of public service contracts (specifically, the
freedom to provide services)?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Kinnock on behalf of the Commission

(21 May 2003)

The Honourable Member’s first question concerns the European Footpaths international architectural
competition, which was the subject of a complaint to the Commission. Having considered the case the
Commission sent a reasoned opinion to the Kingdom of Belgium on 9 February 2001. Following that, the
Belgian authorities decided to terminate the contract with the competition winner and acknowledged that
the objections raised by the Commission were valid. The complaint procedure was brought to a close by a
Commission Decision of 24 April 2002.

Of the sum of EUR 150 000 disbursed by the European Institutions for the purposes of this competition,
EUR 101 875 was spent on the administrative and logistic costs of organising the competition and
EUR 48 125 was spent on the prizes awarded for the best projects, including EUR 17 500 awarded to the
winner. Reimbursement can only be claimed for the last amount. A letter will be sent to the Brussels
Region to ascertain its intentions on this matter and, if appropriate, repayment will be sought.

Secondly, the Honourable Member wishes to know whether the provisions of Council Directive 92/50/EEC
of 18 June 1992 were observed in the award of another service contract for design studies for the
European Union Plaza.

The Commission is in contact with the Belgian authorities in order to examine this matter and specifically,
to assess whether this contract falls within the financial thresholds set by the Directive.

(2003/C 268 E/099)

WRITTEN QUESTION E-0409/03

by Avril Doyle (PPE-DE) to the Commission

(17 February 2003)

Subject: Funding for report on the subject of deregulation of electricity market in Ireland

Is the Commission aware if there is funding available at EU level for the publication of a report on the
subject of deregulation of the electricity market in Ireland?

If such funding exists, can the Commission outline the criteria for qualifying for such funding?

Answer given by Mrs de Palacio on behalf of the Commission

(18 March 2003)

The Commission has to inform the Honourable Member that no funding is available at Community level
for the publication of a report on the opening of the Irish electricity markets. However, the Commission
has published two reports on the implementation of the internal electricity and gas market (staff working
documents ‘First Benchmarking Report’ (1) and ‘Second Benchmarking Report’ (2)) which consider the issue
of deregulation in all Member States in considerable detail. The Honourable Member might also wish to
consult the publications of the Commission for Energy Regulation, the Irish Regulator for Electricity and
Gas.

(1) SEC(2001) 1957.
(2) SEC(2002) 1038.