WRITTEN QUESTION E-2379/03 by Christopher Huhne (ELDR) to the Commission. Small business and public procurement.
Date: 2003-07-18
Institutions: European Parliament, Provisional data
Subjects: award of contract, public contract, small and medium-sized enterprises

6.2.2004

EN

Official Journal of the European Union

C 33 E/257

The Wadden Sea Association has found that industrial fishing for cockles destroys the entire ecosystem
because it ploughs up the seabed.

The Netherlands Wadden and Bird Protection Association is demanding an end to cockle-fishing in the
Wadden Sea in order to prevent the mass destruction of eider ducks. In the winter of 1999/2000, 21 000
dead birds were recorded. Recent research has shown a direct connection between the shortage of shellfish
and the deaths of eider ducks. The theory that parasites might be the cause of death has been ruled out.

Pursuant to Article 6(2) of Directive 92/43/EEC (1), Member States must take appropriate steps to avoid, in
the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as
disturbance of the species for which the areas have been designated, in so far as such disturbance could be
significant in relation to the objectives of the Directive.

That provision applies to existing activities in a special area of conservation which might adversely affect
the conservation of wild birds. Implementation of that provision may entail the adaptation or cessation of
such activities.

Does the European Commission share my view that this new information must result in measures being
taken to protect bird species covered by the Wild Birds Directive?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(29 August 2003)

In 2001, the Commission opened two cases, one relating to a Key Planning Decision regarding i.a. the
industrial fishing for shellfish and military activities in the Wadden Sea (case 2001/2164) and a second one
relating directly to the adverse effects of shellfish harvesting in the Wadden Sea on the populations of wild
birds (case 2001/4491). The Wadden Sea has been designated by the Netherlands as a Special Protection
Area (SPA) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1)
(Birds Directive) and has been put forward as a proposed Site of Community Importance (pSCI) under
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (2)
(‘Habitats Directive’). The cases concern the possible infringement by the Netherlands of
Article 6(2), 6(3) and 6(4) of the Habitats Directive, which, pursuant to its Article 7, also applies to Special
Protection Areas (SPAs) classified under the Birds Directive.

The assessment of these cases is ongoing. The possible establishment of a clear causal relationship between
importance in this matter. The
the shell fisheries and the recorded deaths of wild birds is of crucial
Commission will include the information provided by the Honourable Member into its assessment in order
to determine whether the requirements of the Birds and Habitats Directives have been complied with by
the Netherlands.

(1) OJ L 103, 25.4.1979.
(2) OJ L 206, 22.7.1992.

(2004/C 33 E/266)

WRITTEN QUESTION E-2379/03

by Christopher Huhne (ELDR) to the Commission

Subject: Small business and public procurement

(18 July 2003)

Is the Commission satisfied that small businesses have adequate access to public procurement contracts
within the EU? What measures does the Commission intend to improve the situation? Will it specifically
consider reducing the threshold on the contract size that must be notified and simplifying the notification
procedures?

C 33 E/258

Official Journal of the European Union

EN

6.2.2004

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2003)

In reply to the Honourable Member’s question about small businesses and public procurement in the
European Union, the Commission would emphasise that it attaches particular importance to creating the
best possible legislative framework in order to ensure optimum market access for all players. The
Commission’s main objectives are to create a genuine internal market in Europe in the field of public
procurement and to meet the needs of businesses in terms of simplification and transparency.

The proposals to amend the public procurement Directives in force at the present time (1) are currently the
subject of a co-decision procedure between the Parliament and the Council, and represent a significant
advance over the way things currently stand. In addition to simplifying procedures, these proposals contain
measures that will be of direct benefit to small and medium-sized businesses (SMEs). These include
allowing awarding authorities to divide up single public contracts into smaller lots in order to make them
more accessible to small businesses, and facilitating the use of electronic procedures. Access to information
has also been greatly improved since May 2002 thanks to increased standardisation of the content of
contract notices.

Initial estimates show that

In parallel to this legislative work, the Commission has launched a study to provide a more accurate
picture of SME access to European public procurement. The findings of this study will be available by the
the participation of SMEs in public contracts above the
end of 2003.
Community thresholds is, on the whole, satisfactory. However, improvements could be made in a number
of areas. The main obstacles to greater access to public procurement by small businesses are basically a
lack of information on contracts and the procedures in force, too great an administrative and financial
burden, the size of the contracts, a lack of preparation on the part of businesses and, finally, the difficulty
of accessing legal redress mechanisms.

In its Communication entitled ‘Internal Market Strategy (cid:1) Priorities 2003-2006’ (2), the Commission
describes the steps it is planning to take in order to improve the situation. However, the Commission
reminds the Member States that they ‘will have to play a much bigger role in ensuring that rules, which
they themselves have agreed, are effectively applied. They should also simplify their national rules, and
standardise procedures as much as possible across procurement entities to make it easier for companies to
participate in calls for tender.’ The Commission also invites the Member States to ‘streamline and simplify
their own legislation and standardise procedures’.

As regards public contracts below the Community thresholds, which are of most interest to SMEs,
European legislation offers businesses a number of guarantees in terms of transparency, equal treatment
and non-discrimination. The study on SME access to public procurement may also prove an interesting
source of inspiration for economic operators, legislators and national awarding authorities alike. It will set
out, in the form of two guides, a number a good practices at European level that will enable the parties
concerned to take the necessary steps to ensure greater SME participation whilst complying with
Community legislation.

As regards the thresholds for applying the Directives on public procurement and procurement by utilities,
Parliament, in its vote on 2 July 2003 at second reading, endorsed the thresholds given in the Council’s
common positions, which reflect those currently in force. In other words, there are no plans to reduce
these application thresholds.

As for the simplification of notification procedures, this should come about as a result of the proper
transposition of the new Directives into national law, once these have been adopted at European level, of
course. The Commission also intends to propose an amendment of the ‘remedies’ Directives applicable in
the field of public procurement with a view to improving access and clarifying national redress procedures.

(1) Cf. the Common Position of 30 March 2003 with a view to the adoption of the Directive of the European
Parliament and of the Council co-ordinating the procedures for the award of public works contracts, public supply
contracts and public service contracts (2000/0115 (COD)).

(2) Cf. Communication from the Commission to the Council, the European Parliament, the European Economic and
Social Committee and the Committee of the Regions entitled ‘Internal Market Strategy, Priorities 2003-2006’,
COM(2003) 238, 7.5.2003.