WRITTEN QUESTION E-3562/03 by Giacomo Santini (PPE-DE) to the Commission. Automatic renewal of concession for the Brenner motorway.
Date: 2003-12-01
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, competition law, invitation to tender, motorway, service concession

27.3.2004

EN

Official Journal of the European Union

C 78 E/591

(2004/C 78 E/0624)

WRITTEN QUESTION E-3562/03

by Giacomo Santini (PPE-DE) to the Commission

(1 December 2003)

Subject: Automatic renewal of concession for the Brenner motorway

The issue of the automatic renewal of the concession held by the Società Autostrade del Brennero is on the
agenda once again now that Commissioner Bolkestein has found against it. In view of the fact that the
long dispute over the matter, which has gone through a whole series of advances and setbacks, has yet to
be settled, can the Commission state:

whether it would agree that, in view of the A22 motorway’s strategic position, a derogation from the

1.
Community rules on invitations to tender should be granted?

2.
how it can justify the unfavourable opinion delivered in respect of the A22 when the automatic
renewal of similar concessions has in the past been authorised on more than one occasion in Italy on the
basis of Interministerial Directive No 283 of 20 October 1998?

whether it considers that it can place its trust in the current operating company, which has set aside
3.
a large amount of money to fund the building of the Brenner Base Tunnel and, on this basis, whether it
would agree to reconsider the Italian Government’s proposals that automatic renewal be authorised?

Answer given by Mr Bolkestein on behalf of the Commission

(16 January 2004)

As the honourable Member points out, the fact of the A22 motorway’s strategic position does not mean
that the award of the concession for the operation of the motorway should not be subject to the relevant
Community rules on awarding concessions. According to Community law, the renewal of a concession is
considered similar to the granting of a new concession. Consequently, since there was no prior invitation
to tender, the renewal of the concession awarded to the Autostrada del Brennero company gives rise to
serious misgivings with regard to its compatibility with the aforementioned Community rules.

Contrary to what the honourable Members seems to be stating, the Commission has never been asked to
give an opinion on renewals of concessions awarded in Italy on the basis of Interministerial Directive
the
No 283 of 20 October 1998.
Interministerial Directive,
forwarded full and precise information
concerning the procedures for its implementation, especially in connection with the concessions which
have in fact been renewed in accordance with the Directive, the duration of the renewals and, in each case,
the reasons justifying renewal. Therefore, where necessary, the Commission reserves the right to ask the
Italian authorities for information which will allow it to assess the implementation of the Directive.

Indeed, although the Commission is cognizant of

the Italian authorities have not

the text of

The Commission would point out that the problems it has indicated concerning the compatibility with
Community law of renewing the concession in question concern solely the lack of a prior invitation to
tender and certainly not the reliability of the current operator, judgement on whom in any case is not
among the responsibilities of the Commission.

Lastly, the Commission points out that, in its desire not to prejudice the completion of the objectives in
connection with which the problem exists, it is pursuing its contacts with the Italian authorities with a
view to arriving at a solution which complies with all the requirements involved.

(2004/C 78 E/0625)

WRITTEN QUESTION E-3564/03

by Torben Lund (PSE) to the Commission

(2 December 2003)

Subject: International telecommunication services and competition

telecommunication services has increased at

The use of
the same rate as internationalisation and
technological advances mean that the telecommunications market is constantly changing. This creates
employment, new conditions for corporate growth and more choice for consumers.