WRITTEN QUESTION No. 1582/97 by Cristiana MUSCARDINI to the Commission. Restructuring of the network of lottery sales outlets in Italy
C 45/54 EN Official Journal of the European Communities 10. 2. 98 of Article 13(1) of Regulation (EEC) No 2081/92. An exhaustive examination of the labelling of any particular product would be required to reach such a conclusion, if it was in any instance warranted. (1) OJ L 208, 24. 7. 1992. (2) OJ L 182, 3. 7. 1987. (3) OJ L 33, 8. 2. 1979. (98/C 45/64) WRITTEN QUESTION E-1582/97 by Cristiana Muscardini (NI) to the Commission (6 May 1997) Subject: Restructuring of the network of lottery sales outlets in Italy The current network for selling lottery tickets in Italy consists of 4 500 official sales outlets run by monopoly retailers (tobacconists) or former lottery employees (Law No 123 of 16 March 1987). A subsequent law (No 85 of 19 April 1990) provided for the gradual extension of this network, which is expected to bring the number of lottery sales outlets to 15 000. 1. Have the procedures for tendering and the selection of the company responsible for restructuring been complied with? 2. Has provision also been made for tendering to supply ticket selling equipment for the 15 000 planned sales outlets? 3. Given that a single market exists, can the sales outlets also be set up in other European Community Member States? Answer given by Mr Monti on behalf of the Commission (7 July 1997) The restructuring of the lottery outlet network in Italy is part of the introduction of a computerised lottery system. Initially, tenders were invited for the supply of goods and services from entities, companies and consortia in which the public authorities held a majority stake. The tender notice was not published in the Italian Official Gazette. As the award procedure was contrary to Community law, the Commission initiated proceedings under Article 169 of the EC Treaty; this resulted in a Court of Justice judgment ([1994] ECR I-1409) to the effect that Italy had infringed Articles 52 and 59 of the EC Treaty and Council Directive 77/62/EEC of 21 Decem- ber 1976 (1) relating to the coordination of procedures on the award of public supply contracts, as amended by Council Directive 88/295/EEC of 22 March 1988 (2). The Italian authorities cancelled and re-awarded the contract for setting up the computerised lottery system, granting the same entity a franchise for a series of tasks until then reserved for the Finance Ministry, as well as a number of public authority powers concerning the management of the lottery. The Commission monitored the redefining of the relationship between the Finance Ministry and the franchisee; at its request, the Italian authorities adopted provisions in 1995 and 1996 clarifying the transfer and exercise of the aforementioned public authority powers so that they complied with Community law In this connection, the Italian authorities acknowledged that the franchisee was a public-law body required to abide by Community public procurement legislation in respect of all supply or service contracts. As regards the proposed arrangements for the supply of lottery terminals for the 15 000 sales outlets referred to by the Honourable Member, the Commission will ask the Italian authorities to provide the information it needs in order to give a more detailed answer. (1) OJ L 13, 15. 1. 1977. (2) OJ L 127, 20. 5. 1988