WRITTEN QUESTION No. 3663/97 by Carlo RIPA DI MEANA to the Commission. Contract for planned new eastern by-pass
8. 6. 98 EN Official Journal of the European Communities C 174/93 In 1995 the Community co-financed a feasibility study for the Adriatic corridor with 1 MECU under the TEN-transport budget line (B5-700). According to information in the Commissionís possession the call for tender for the feasibility study was closed in June 1997 and the study will be completed in 1998. As a general rule the national authorities and the Commission perform a technical and financial appraisal of feasibility studies after completion of the study when a claim for the payment of the last tranche of Community support is introduced. The Commission expects to adopt a report on the integration of seaports, inland ports and intermodal terminals in the trans-European transport network this year. (1) OJ L 228, 23. 9. 1995. (98/C 174/145) WRITTEN QUESTION E-3663/97 by Carlo Ripa di Meana (V) to the Commission (19 November 1997) Subject: Contract for planned new eastern by-pass A question by Councillor Adriana Spera to the Mayor of Rome, Francesco Rutelli, indicates that when awarding the contract (amounting to more than LIT 6 billion) for the planned new eastern by-pass to Ferrovie dello Stato Rome town council infringed the provisions of Directive 92/50/EEC (1) which was transposed into Italian law by decree law No 157/95. Rome town council awarded the contract by private negotiated procedure without using the European tendering procedure, wrongly assuming that the contract in question was one of those áexcludedí. Since both Councillor Spera and Usicons (consumersí association) brought the matter to the Commissionís attention has the Commission done anything and, if so, with what result? Does the Commission consider that the Mayor of Rome overturned the decision to award the contract to Ferrovie dello Stato by assigning it, again by private negotiated procedure, to S. T. A. , a company entirely controlled by Rome town council, which deals with the removal of illegally parked cars but not with planning and cannot therefore enter into private negotiations as a body with exclusive rights in the area covered by the contract? (1) OJ L 209, 24. 7. 1992, p. 1. Answer given by Mr Monti on behalf of the Commission (6 January 1998) On 17 March 1997 the Commission sent the Italian authorities a request for information in which it expressed its concern regarding the compatibility with Community legislation of the contract for the design of the bypass awarded to Ferrovie dello Stato S. p. A. The Italian authorities gave their observations on 2 October, indicating that they were now looking into alternative solutions. The Commission had meanwhile been informed that the Rome town council had taken a new decision on 1 August repealing the earlier decision. On 24 October it sent the Italian authorities a further request for information concerning the new decision in which it pointed out that it also entertained misgivings as to the compatibility of the new contract, which had been awarded to STA S. p. A. , with Community public procurement legislation, and in particular Directive 92/50/EEC coordinating award procedures for public service contracts