WRITTEN QUESTION No. 729/98 by Carlo RIPA DI MEANA to the Commission. Italian State funding for a project promoted by the Vatican City State within the city of Rome but outside Italian territory
C 402/24 Official Journal of the European Communities EN 22. 12. 98 (98/C 402/030) WRITTEN QUESTION E-0729/98 by Carlo Ripa di Meana (GUE/NGL) to the Commission (18 March 1998) Subject: Italian State funding for a project promoted by the Vatican City State within the city of Rome but outside Italian territory The Italian State has contributed Lit 40 billion for a civil engineering project costing Lit 80 billion, promoted by the Vatican City State within the city of Rome but outside Italian territory. The Vatican awarded the contract for the work involved to the firms Impregilo and Dioguardi as a result of private negotiations, without using the European tendering procedure laid down in Directive 89/440/EEC (1), the alleged reason for this exception being that the Italian State would, in this case, be contributing no more than 50 % of the cost of a project carried out by third parties, in which case Directive 440/89 would not apply, as stated in Article 3 of Law No 406/91 transposing Directive 89/440/EEC. The project is for an underground car park inside the Janiculum hill, but does not provide for access and exit ramps. The car park would thus consist of an inaccessible 5 › floor block. A separate project for the construction of ramps providing access to the Janiculum car park is being promoted by the Italian State, at a total cost of approximately Lit 12 billion and is being subjected to approval in accordance with the normal European tendering procedures under the direction of the Lazio Regional Public Works Office, as the contracting authority. It seems obvious that the construction of a car park and the building of entry and exit ramps constitute inseparable parts of the same project › since a car park without access would be a senseless project. The contrived idea of splitting the work into two separate parts (a car park and access ramps) is aimed at circumventing the proper European tendering procedure laid down in Directive 440/89, since the Italian Stateís total contribution amounts to Lit 52 billion (40 billion + 12 billion), i. e. 56 % of the total cost of the work needed to build a car park complete with means of access. Can the Commission prevail upon the Italian State to reestablish the correct conditions as regards competition, if necessary by bringing in the European Court of Justice? (1) OJ L 210, 21. 7. 1989, p. 1. Answer given by Mr Monti on behalf of the Commission (10 June 1998) Article 2 of Directive 89/440/EEC, which has now been replaced by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, (1) does not apply to the works project referred to by the Honourable Member since the Vatican is an independent and sovereign third country and, as such, is not subject to the Community directives when awarding contracts, irrespective of whether a financial contribution is made by the Italian State and regardless of the amount of that contribution. The determining factor in this case is the fact that the contracting authority is not subject to Community law. (1) OJ L 199, 9. 8. 1993, p. 54