WRITTEN QUESTION E-3517/03 by Baroness Sarah Ludford (ELDR) to the Commission. Fair trade.
Date: 2003-11-25
Institutions: European Parliament, Provisional data
Subjects: award of contract, catering, competition law, fair trade, public contract

C 88 E/466

Official Journal of the European Union

EN

8.4.2004

(2004/C 88 E/0479)

WRITTEN QUESTION E-3517/03

by Baroness Sarah Ludford (ELDR) to the Commission

(25 November 2003)

Subject: Fair trade

Would it be considered as discriminatory under EU public procurement regulations to stipulate that Fair
Trade products must be used in public tenders for catering services?

Answer given by Mr Bolkestein on behalf of the Commission

(8 January 2004)

Once a contracting authority has decided on the subject matter of the procurement contract intended for
its catering services (what generic type of products to buy), it is free to define the technical specifications
of those products. The requirements must, however, relate to the characteristics or performance of the
products (e.g., glasses or plates made out of recycled material) or the production of
the products
(e.g. organically grown ones).

A contracting authority wishing to procure Fair-trade products (meaning products certified using standards
set by the private Fair-trade Labelling Organisations International) for catering services must define the
technical specifications of the products in relation to the social or environmental performances underlying
the label. While the contracting authority may indicate that products having that label are deemed to
comply with the technical specifications, it must also allow economic operators to prove compliance with
the technical specifications by other means of proof. Only on a case by case basis it can be determined
which of Fair-trade’s diverse standards (or parts thereof) describe the characteristics or performance of the
product to be purchased.

Contracting authorities procuring goods must respect the fundamental Community principles, including
the principle of equal treatment, of which non-discrimination is a specific expression. It follows from
established case law of the European Court of Justice that not only acts of de jure discrimination are
prohibited under the EC Treaty, but also acts which hinder non-nationals more than nationals (de facto
discrimination).

Due to the wide range of standards comprised by the Fair-trade label and the wide range of products
available in the catering business, it is only possible on a case by case basis, taking into account all
circumstances surrounding the purchase, to determine whether a contracting authority infringes upon the
principle of non-discrimination.

(2004/C 88 E/0480)

WRITTEN QUESTION E-3521/03

by Anne Van Lancker (PSE) to the Commission

(25 November 2003)

Subject: Human rights violations in the USA

Fernando González, Rene González, Gerardo Hernández, Ramón Labanino and Antonio Guerrero are five
Cubans currently imprisoned in the USA for, amongst other things, conspiracy to commit espionage and
conspiracy to commit murder. They had, in fact, infiltrated Cuban organisations in Miami in order to
prevent terrorist attacks on Cuba. The trial of the five Cubans was held in Miami. With a Cuban immigrant
community largely hostile to the Cuban Government, the city cannot be considered a neutral venue for