WRITTEN QUESTION No. 2447/97 by Marjo MATIKAINEN-KALLSTRÖM to the Commission. Extension of the EU's youth programme to include early youth (under-15s)
11. 3. 98 EN Official Journal of the European Communities C 76/111 (98/C 76/215) WRITTEN QUESTION P-2438/97 by Luciano Pettinari (GUE/NGL) to the Commission (8 July 1997) Subject: Higher Health Institute The Italian Higher Health Institute (Istituto Superiore di Sanita‘ › ISS) was awarded the contract, publicized in the Official Journal of the European Communities of 6 July 1996, for a áscientific and technical analysis of resources in matters relating to monitoring and controlling transmissible diseasesí, the contract number being SOC/96 202361. The ISS was asked to obtain a bank guarantee for an amount equal to 30% of the total cost of the contract. However, the ISS is a public body and, as such, is prohibited under Italian law from carrying out such banking transactions. Article 10(2) of Annex 1 to the General terms and conditions applicable to service contracts awarded by the EC Commissioní stipulates that áthe payment of the advance MAY BE made conditional upon the furnishing by the Contractor of proof that he has lodged a deposit equal to the amount of the advanceí. In other words, the Commission itself considers this to be optional, not compulsory. Does the Commission therefore not intend to drop its requirement that the ISS provide a guarantee › given that the ISS is expessly forbidden by law to do so › and to allow the project signed with the ISS to go ahead? What are the Commissionís reasons for insisting that the ISS obtain such a guarantee and, thereby, risking the cancellation of such an important project, which is a sign of the competitiveness of Italian public health bodies? Answer given by Mr Flynn on behalf of the Commission (12 September 1997) The Istituto superiore di Sanitaí was awarded the contract following a public invitation to tender. The specifications relating to this invitation to tender explicitly mentioned the fact that the contractor would have to provide a bank guarantee as security against the initial payment. Dispensing with this requirement would have falsified the rules of competition, giving rise to the possibility of legal proceedings being taken against the Commission by the other applicants. The purpose of the guarantee, as explained in Article 64a of the Commission’s Financial Regulation, is to protect the Commission in the event of the contractor failing to perform a contract or against a delay in its performance, by providing for the reimbursement of all damages, interest and equivalent costs. In other words, it is not merely a question of guaranteeing the financial soundness of the contractor, and the fact that the contractor selected is a public body is therefore not a decisive factor. The same objective may be achieved by other means, such as a direct payment to the Commission, appropriate insurance arrangements or the provision of a guarantee by another body. The Istituto superiore di Sanitaí informed the Commission that it did not have any possibility of providing an acceptable substitute guarantee. A solution has finally been found between the contractor and the Commission, involving changes to the schedule of payments by the Commission. For information, it should also be noted that when the Commission’s Joint Research Centre is awarded a public contract in Italy, the Commission is obliged to provide a guarantee in accordance with the Italian public contracts code. (98/C 76/216) WRITTEN QUESTION E-2447/97 by Marjo Matikainen-Kallstro¤m (PPE) to the Commission (16 July 1997) Subject: Extension of the EUís youth programme to include early youth (under-15s) Organizations working with the under-15s have proposed to the Commission the founding of a Childrenís Europeí group exchange programme to promote and support exchanges for groups of 10-15-year-olds in the EU Member States. This could be a way of encouraging young people to form a picture of the world and gain knowledge of European peoples and cultures, supporting them in their development as good citizens, motivating them to learn languages and preventing the emergence of exclusion at an early age