WRITTEN QUESTION E-0603/03 by Jens-Peter Bonde (EDD) to the Commission. Call for tenders for rail services in Denmark.
Date: 2003-03-03
Institutions: European Parliament, Provisional data
Subjects: Denmark, application of EU law, award of contract, competition law, public contract, rail network, services contract

14.8.2003

EN

Official Journal of the European Union

C 192 E/205

The enforcement of Directive 2003/02/EC is a matter for the Member States. The Commission does

5.
not plan any Union incentives following the adoption of the Directive.

(1) OJ L 398, 30.12.1989.
(2) OJ L 262, 27.9.1976.
(3) Assessment of the Risks to Health and to the Environment of Arsenic in Wood Preservatives and of the Effects of

Further Restrictions on its marketing and use, 1998.
(4) http://europa.eu.int/comm/food/fs/sc/sct/out163_en.pdf.
(5) Notification 96/0242/Dk.
(6) OJ L 226, 6.9.2000.
(7) OJ L 203, 28.7.2001.
(8) OJ L 4, 9.1.2003.
(9) http://europa.eu.int/comm/food/fs/sc/sct/out18_en.html.
(10) http://www.epa.gov/epahome/headline_021202.htm.

(2003/C 192 E/246)

WRITTEN QUESTION E-0603/03

by Jens-Peter Bonde (EDD) to the Commission

Subject: Call for tenders for rail services in Denmark

(3 March 2003)

In response to a call for tenders to provide rail services in central and west Jutland in Denmark, the
operator at the time, DSB, was the lowest bidder but DSB’s offer was rejected by the Danish Transport
Minister. The contract was instead awarded to Arriva, the second lowest bidder.

The fact that DSB, as the lowest bidder, was rejected was a subject of much debate among the Danish
public and Arriva’s inability to comply with the agreement concluded has revived that debate.

Will the Commission therefore say whether the Danish government acted in accordance with current EU
rules when it rejected DSB’s bid and instead entered into a contract with Arriva to provide rail services on
routes in central and west Jutland?

Answer given by Mr Bolkestein on behalf of the Commission

(7 April 2003)

The contract between the Danish Government and Arriva is subject to Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the award of public service contracts (1)
(hereafter the Directive). Rail transport services, the object of the contract, fall within the ambit of Annex I
B in the Directive, which in accordance with Article 9 of the Directive entails, that rail transport service
contracts are not subject to the full set of detailed provisions of the Directive.

Article 37 of the Directive provides that the contracting authority shall, before it may reject abnormally
low tenders, request details of the constituent elements of the tender which it considers relevant and shall
verify those constituent elements taking account of the explanations received. This provision is not
applicable to services listed in Annex I B of the Directive.

However, the EC Treaty and the general principles of the EC Treaty are applicable as such also to services
It should, therefore, be assessed whether the
not subject to the detailed provisions of the Directive.
principle of non-discrimination, which entails equality of treatment of the tenders, was respected by the
Danish Government during the tender procedure.

At this stage the Commission does not dispose of information enabling it to assess whether there was an
incorrect application of Community rules by the Danish Government:
it therefore intends to further
enquire on these issues.

(1) OJ L 209, 24.7.1992.