Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E3353

**WRITTEN QUESTION E-3353/01 by Stavros Xarchakos (PPE-DE) to the Commission. The direct awarding of feasibility study contracts in Greece.** 
  
*Official Journal 115 E , 16/05/2002 P. 0256 - 0257*

  

WRITTEN QUESTION E-3353/01

by Stavros Xarchakos (PPE-DE) to the Commission

(5 December 2001)

Subject: The direct awarding of feasibility study contracts in Greece

According to Greek press reports, the national authorities have decided to award directly a feasibility study contract of Drs 4,1 billion to the Spanish architect Santiago Calatrava relating to projects surrounding the site of the Olympic stadium in Athens, works within the stadium and the electric rail link with the future suburban rail service.

Council Directive 92/50/EEC(1) relating to the coordination of procedures for the award of public service contracts stipulates tendering procedures for the award of feasibility study contracts and authorises the direct award of such contracts only in emergencies, for example major natural disasters or if the service in question can only be provided by one specific person or if it relates to the protection of intellectual property rights. It is noteworthy, however, that none of the conditions laid down by the Council directive appear to apply regarding the direct awarding of the feasibility study contract to Mr Calatrava, thereby excluding dozens of other eminent architects throughout Europe from a tendering procedure which should, under normal circumstances, have been announced and organised by the Greek authorities in a manner entirely above reproach.

Is the Commission aware of the above situation? Does it consider that any infringement of Community legislation has occurred? If so, what steps will it take and what sanctions will it apply to Greece if appropriate?

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

Answer given by Mr Bolkestein on behalf of the Commission

(16 January 2002)

The Commission would like to inform the honourable Member that it is aware of the award by negotiated procedure without publication of a notice to the Spanish architect, Santiago Calatrava, of a series of studies in connection with the preparations for the Athens Olympic Games in 2004.

The Commission has already contacted the Greek authorities with a formal request for information and clarification on the matter. In their written reply, the Greek authorities confirmed the facts and justified their decision to proceed in such a manner on the basis of the exceptions referred to in Article 11 (3) (b) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and Article 20 (2) (c) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors(1). According to the provisions in question, the awarding authorities may resort to a negotiated procedure without publication of a notice to award a contract for services when, for artistic reasons, the services may be provided only by a particular service provider.

The Commission is in the process of considering the reply from the Greek authorities. At the moment, therefore, it is not in a position to inform the honourable Member, of the action that will be taken in this matter.

(1) OJ L 199, 9.8.1993.

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