WRITTEN QUESTION E-0852/03 by Christos Folias (PPE-DE) to the Commission. Public supply contracts.
Date: 2003-03-20
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, award of contract, interpretation of the law, restriction on competition, supplies contract

C 192 E/222

Official Journal of the European Union

EN

14.8.2003

Since the Member States have never been able to reach agreement on it, the Commission has recently
withdrawn its proposal to the Council of November 1991 for a common market organisation for potatoes.

In any case, now that its proposal for common agricultural policy reform has been made, an organisation
on the lines proposed no longer appears desirable.

(2003/C 192 E/265)

WRITTEN QUESTION E-0852/03

by Christos Folias (PPE-DE) to the Commission

(20 March 2003)

Subject: Public supply contracts

Article 7(2) of Greek law 2955/2002 authorises the supply of products in the absence of estimates
regarding annual requirements or procedures for the awarding of contracts. It does not provide for any
means of establishing which product is the most suitable for patients and allows prices to be set arbitrarily
at the highest level thereby limiting competition. Similarly Joint Ministerial Decision DG6a/GP/73754/24-
7-7-02(Official Gazette 984/31/7-02)
implementing the above law is not based on any technical
specifications, observing that no comparison is possible as, more specifically, that entire categories of
products cannot be compared with each other, on the principle that, by definition, all manufacturers
produce items which cannot be compared with those produced by any other manufacturer. It also fails to
stipulate procedures for the according of public supply contracts or require estimation of annual
requirements to be drawn up specifying either exact content or quality, leaving matters to the discretion of
the body concerned.

Is Greek Law 2955/2002, together with the Ministerial Decision implementing it, in accordance with EU
legislation in this field and more specifically Directive 93/36/EEC (1).
If not, what measures will the
Commission take to ensure that Greece fully complies with the directive and when?

(1) OJ L 199, 9.8.1993, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(15 April 2003)

the
The Commission will procure a copy of
implementing Ministerial Decision (DY6a/GP/73754/24-7-02/FEK 984/31-7-02), to examine their con-
formity with the provisions of Directive 93/36/EEC (1) (on the award of public supply contracts).

the Greek law in question (No 2955/2001) and of

To facilitate this examination, the Commission asks the Honourable Member to kindly supply all the
relevant information he has on this subject.

(1) Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (cid:1)

OJ L 199, 9.8.1993.

(2003/C 192 E/266)

WRITTEN QUESTION E-0914/03

by Claude Moraes (PSE) to the Commission

(24 March 2003)

Subject: The Seville European Council

What progress has there been in the implementation of the JHA conclusions of the Seville European
Council? In particular, what progress has been made in relation to the prospect that the Commission and
the Council would look at further work towards the creation of a common European border guard?