WRITTEN QUESTION E-0661/04 by Alexander de Roo (Verts/ALE) to the Commission. Public procurement for the Júcar-Vinalopó water transfer.
Date: 2004-03-09
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, award of contract, co-financing, hydraulic works, invitation to tender, public sector, services contract

C 88 E/702

Official Journal of the European Union

EN

8.4.2004

(2004/C 88 E/0721)

WRITTEN QUESTION E-0661/04

by Alexander de Roo (Verts/ALE) to the Commission

(9 March 2004)

Subject: Public procurement for the Júcar-Vinalopó water transfer

The Spanish Government has been setting up so-called ‘state water companies’ since 1997, just as it has
done in the past in other administrative areas. These companies include Aguas del Júcar SA (AJUSA),
established by the Spanish Government to acquire, construct and operate all kinds of water works. It is a
single-member company, with the Spanish State as its sole shareholder. One of the projects entrusted to
AJUSA is the transfer of water from the Júcar to the Vinalopó river. The completion of the project requires
a budget of EUR 240m, of which EUR 54m is expected to come from Community funds. Since April 2001,
AJUSA has issued several calls for tender in relation to the Júcar-Vinalopó water transfer. In January 2003,
it announced an open invitation to tender for technical assistance in carrying out the compulsory purchase
procedure necessary to complete the Júcar-Vinalopó diversion project, which was published in edition 20
(BOE) on 23 January 2003, with an overall budget of EUR 417 600.
of the Spanish Official
However, in spite of the value of the tender, it did not appear in the Official Journal of the European
Union. Nor was it published in Tenders Electronic Daily, the supplement to the Official Journal. The award
of the contract for carrying out the compulsory purchase procedure was published in BOE No 87 of
11 April 2003 (Annex I). The contract for carrying out the compulsory purchase procedure for the water
transfer from the Júcar to the Vinalopó river is a ‘public services contract’, which is subject to the
Community rules set out under Article 2 of Council Directive 92/50/EEC (1) of 18 June 1992 relating to
the coordination of procedures for the award of public service contracts.

Journal

How does the Commission intend to respond to this failure to comply with Community law?

Has the Commission already taken any action on this matter?

Does the Commission not think that compliance with Community rules on public procurement should be
a precondition for any cofinancing by the Community of the Júcar-Vinalopó water transfer?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(22 April 2004)

The Commission has received a complaint regarding the award of a service contract concerning the
procedure for compulsory purchase of the land to build the infrastructure for the transfer of the river Júcar
to the river Vinalopó. Although the tender budget was above the thresholds set forth in Council Directive
92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service
contracts, it appears that no tender notice was published in the Official Journal of the European Union.
However, in accordance with Article 9 of the Directive, services that fall within one of the categories listed
in Annex IB to the Directive are not subject to a number of the obligations set forth therein, among others
the obligation of prior publication of the tender notice in the Official Journal. Annex IB includes the
category of ‘legal services’ and a residual category of ‘other services’. The latter category of ‘other services’
has to be interpreted restrictively, and it is only possible to classify a service in this category if it cannot
plausibly fall within one of the other categories in Annexes IA or IB to Directive 92/50/EEC.

The Commission does not yet have enough information on the contract and cannot therefore exclude that
the type of service that was the subject-matter of the tender falls within one of the categories listed in
Annex IB, in which case the lack of publication of a tender notice in the Official Journal would not be
inconsistent with Directive 92/50/EEC. On the other hand, if it appears that the specific service does not
fulfil any of the categories listed in Annex IB, the lack of publication of the tender notice in the Official
Journal would be an infringement of Directive 92/50/EEC. In this regard, the Commission considers that
AJUSA is a ‘body governed by public law’ and a ‘contracting authority’ as defined in that Directive.

8.4.2004

EN

Official Journal of the European Union

C 88 E/703

The Commission has contacted the Spanish authorities in order to obtain further information on the type
of service involved and the circumstances of the tender.

As the Honourable Member points out, and as is clear from the current EU regulatory framework,
compliance with EU public procurement rules is an essential requirement for any project financed with
Community funds.

(2004/C 88 E/0722)

WRITTEN QUESTION E-0669/04

by Proinsias De Rossa (PSE) to the Commission

(9 March 2004)

Subject: Professional qualifications

What reply if any has the Commission received from the Irish Government in response to the reasoned
opinion sent to Ireland, as announced in IP/03/1406, regarding Ireland’s failure to implement by the
1 January 2003 deadline Directive 2001/19/EC (1)?

What action has the Commission taken or is it proposing to take in this matter?

(1) OJ L 206, 31.7.2001, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(16 April 2004)

In the meantime, Ireland has notified measures for all the professions covered by Directive 2001/19/EC of
the Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/
EEC on the general system for the recognition of professional qualifications and Council Directives 77/
452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for
general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.

The competent Commission services will therefore soon propose the College to close the infringement
procedure for non communication of national implementation measures.

(2004/C 88 E/0723)

WRITTEN QUESTION E-0676/04

by Proinsias De Rossa (PSE) to the Commission

(9 March 2004)

Subject: Bushmeat (cid:1) resource allocation

Following the European Parliament’s support for the De Rossa report on Petition 461/2000, what funding
has been released or is planned to be made available to improve wildlife management? And what resources
are planned to support the incorporation of wildlife/bushmeat criteria into poverty assessments?