WRITTEN QUESTION No. 4217/97 by Cristiana MUSCARDINI to the Commission. Infringement of the Directive on the award of public service contracts
C 354/2 EN Official Journal of the European Communities 19. 11. 98 So that businesses would have time to bring their premises and equipment up to the standards required by Directive 92/46/EEC, the Council adopted Directive 92/47/EEC of 16 June 1992 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and placing on the market of milk and milk-based products, allowing the Member States to grant exemption from certain requirements of Directive 92/46/EEC until 1 January 1998, on condition in particular that the establishments applying for exemption also submitted a work plan and programme indicating the period within which it would be possible for the establishment to comply with the requirements of Directive 92/46/EEC. Pursuant to Article 1 of Directive 92/47/EEC, all establishments were bound to comply with the requirements of Directive 92/46/EEC from 1 January 1998. In addition to setting standards for premises, equipment and procedures, the Directive 92/46/EEC also requires that the products containing milk satisfy the microbiological criteria set out in Chapter II of Annex C. The microbiological criteria established for Listeria monocytogenes and for Staphylococcus aureus bacteria, applicable to milk-based products on removal from the processing establishment, are intended to protect consumers from intoxication and poisoning. If the thresholds laid down in the Directive are exceeded, the authorities must deal with the milk-based products cocnerned so as to safeguard human health. If a germ count higher than that allowed by Chapter II of Annex C were tolerated in certain milk-based products, the wholesomeness of milk products would be compromised and European consumer protection would be adversely affected. The Commission therefore has no plans to propose any change to these microbiological criteria. (98/C 354/02) WRITTEN QUESTION E-4217/97 by Cristiana Muscardini (NI) to the Commission (21 January 1998) Subject: Infringement of the Directive on the award of public service contracts Does the Commission know about the decision of Mantua town council of 18 November 1997 confirming 1. the award of the contract for the design of the new Palace of Justice building? Can it assess whether the procedures followed by the council contravene the provisions of Directive 2. 92/50/EEC (1) and Article 26 of Legislative Decree No 157/1995 implementing that directive, in view of the fact that the design contract was not put out to tender? How does it intend to react to the report submitted to it by the leaders of the minority on Mantua town 3. council? (1) OJ L 209, 24. 7. 1992, p. 1. Answer given by Mr Monti on behalf of the Commission (16 February 1998) 1. The Commission has received a complaint from the opposition members on the Mantua town council concerning the design of the new Palace of Justice building and is, therefore, aware of the town councilís deliberations. It is examining the documents sent in support of the complaint in order to ascertain whether the procedures 2. followed comply with Community public procurement rules. It will check whether, in this case, the conditions necessary for initiating proceedings against Italy under 3. Article 169 of the EC Treaty for failure to comply with its obligations are met