WRITTEN QUESTION P-3990/03 by Diana Wallis (ELDR) to the Commission. Posting/delivery of tender documents.
Date: 2003-12-18
Institutions: European Parliament, Provisional data
Subjects: equal treatment, invitation to tender, postal service, public contract, tendering, universal service

C 84 E/128

Official Journal of the European Union

EN

3.4.2004

Europe’s Galileo satellite navigation system in the event of crisis or conflict. In addition (cid:1) according to the
reports (cid:1) the Americans will require the open Galileo signal to be weakened and made qualitatively
inferior.

Can the Commission answer the following questions:

1.

2.

Is this information correct?

If so, what is the Commission’s attitude to it, and what measures does it envisage taking?

Answer given by Mrs de Palacio on behalf of the Commission

(16 February 2004)

It is not true that non-European authorities will be able to switch off or reduce the quality of

1.
transmissions from the Galileo system.

2.
Satellite navigation systems transmit signals which are open to all users (known as the Open Service
in the case of Galileo) and secure signals (the Public Regulated Service in the case of Galileo). It is
technically possible to scramble all the navigation signals, whatever their frequency, or to scramble only
the open signals whilst maintaining access to the secure signals, as they use a different frequency.

Regarding the performance of the Galileo open signals, discussions are under way with the United States to
determine what the most effective standard would be for the open signals of both Galileo and the future
GPS III with a view to providing the best service to users. These discussions are intended to ensure full
lead to a global standard for satellite
interoperability between the two systems and will, de facto,
navigation. The willingness of the United States to use the same frequencies as Galileo for open and
commercial signals is to be welcomed, as it will give a decisive boost to the European programme being
used worldwide.

(2004/C 84 E/0165)

WRITTEN QUESTION P-3990/03

by Diana Wallis (ELDR) to the Commission

(18 December 2003)

Subject: Posting/delivery of tender documents

Is the Commission aware that the system of tendering which it operates, for example in relation to
translation work, is discriminating against those tenderers who live and work in a country which has no
national registered postal system? Bids submitted to a registered postal system are accepted with reference
to the date of their acceptance by the postal system. However, where no such system exists, as in countries
like the UK, only the date of actual delivery to the addressee is acceptable. This results in a inequality of
treatment and of opportunity for tenderers dependent on whether they have access to a registered mail
system or not. Where they do not, the only absolutely safe alternative is personal delivery by the tenderer.
Does the Commission have any proposals for measures which might remedy this inequality?

Answer given by Mrs Schreyer on behalf of the Commission

(6 February 2004)

The Commission would like to point out that all public contracts financed in whole or in part by the
budget shall comply with the principles of transparency, proportionality, equal
treatment and non-
discrimination according to Article 89(1) of the Financial Regulation (1).

The methods of communication in procurement procedures of the Commission are set out in Article 143
of the Implementing Rules of the Financial Regulation.

3.4.2004

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Official Journal of the European Union

C 84 E/129

It offers a choice for the tenderers to submit tenders:

(a) by post, for which purposes the invitation to tender documents shall specify that the relevant date is

to be the date of dispatch by registered post, as evidenced by the postmark; or

(b) by hand-delivery to the premises of the institution by the tenderer in person or by an agent, including
courier service; for which purposes the invitation to tender documents shall specify, in addition to the
information referred to in point (a) of Article 130(2), the department to which tenders are to be
delivered against a signed and dated receipt.

This freedom of choice for the tenderer guarantees the respect of the aforementioned principles. Besides,
‘registered service’ is a part of the universal postal service required by the Postal Services Directive (2) to be
available to customers in all Member States.

The Royal Mail, a public limited company wholly owned by the Government, is required by its licence to
offer a service which is the equivalent to registered post, described as ‘registered (signed for) delivery’, with
proof of posting, available in any Post Office branch in the United Kingdom for delivery in the United
Kingdom and abroad.

(1) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities, OJ L 357, 31.12.2002.

(2) Directive 2002/39/EC of the Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with

regard to the further opening to competition of Community postal services, OJ L 176, 5.7.2002.

(2004/C 84 E/0166)

WRITTEN QUESTION P-4002/03

by Marco Cappato (NI) to the Commission

(19 December 2003)

Subject: Violation of privacy at the World Summit on the Information Society

The World Summit on the Information Society (WSIS) took place from 10 to 12 December 2003 at the
Palaexpo in Geneva.

Three of the experts present (cid:1) Alberto Escudero-Pascual (of the Royal Institute of Technology, Stockholm),
Stephane Koch (president of the Internet Society, Geneva) and George Danezis (a Cambridge University
researcher) (cid:1) have complained that the badges issued them on registration for the Summit contained radio
frequency identification chips (RFID chips) enabling individual delegates’ movements within the Palaexpo’s
different areas to be tracked.

It appears from the three experts’ complaints that the use of such chips and the lack of a privacy policy on
the part of the WSIS place it in breach of the EU privacy directive, of the UN guidelines on the use of
personal files, and of Swiss law on personal data protection.

Was the Commission aware that the badges contained chips of this nature?

the Commission seek formal explanations from the organisers of

Will
the summit and the Swiss
government, and will it call for the full and immediate deletion of the personal data thus illegally collected?

Answer given by Mr Liikanen on behalf of the Commission

(28 January 2004)

At the World Summit on the Information Society held in Geneva from 10 to 12 December 2003, use was
reportedly made of RFID technology-based badges to control access to certain restricted areas at the
Summit venue.