WRITTEN QUESTION E-0193/00 by Monica Frassoni (Verts/ALE) to the Commission. Road tunnel at the port of Olbia, Sardinia.
21. 11. 2000 EN Official Journal of the European Communities C 330 E/101 the instruments adopted in 1999 (2) confirm that As far as the European Anti-Fraud Officeís (OLAF) powers are concerned, the Commission would stress the Officeís mission is not merely one of that investigation and operational support. The Office also has a role to play in formulating policy for the fight against fraud, and in preparing Commission initiatives for legislative instruments and regulations in its fields of activity (including instruments which come under Title VI of the Treaty on European Union). The Office also represents the Commission in the forums concerned with the fight against fraud. (1) Draft Regulation amending Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, OJ L 253, 11. 10. 1993. (2) See Commission Decision of 28 April 1999 establishing the European Anti-Fraud Office (OLAF), and in particular Article 2; OJ L 136, 31. 5. 1999. (2000/C 330 E/111) WRITTEN QUESTION E-0193/00 by Monica Frassoni (Verts/ALE) to the Commission Subject: Road tunnel at the port of Olbia, Sardinia (4 February 2000) In reply to my Written Question E-2039/99 (1) about the Olbia tunnel, the Commission stated that the Italian authorities must carry out a preliminary assessment to determine whether this project ü which falls within category 12 of Annex II to Directive 85/337/EEC (2) ü should be subjected to an environmental impact assessment. Construction work in the tunnel is already in progress. What action does the Commission intend to take to ensure that this preliminary assessment is carried out as quickly as possible? Would it not agree that infringement proceedings should be brought against Italy for violation of the above directive, given that a preliminary assessment is obligatory for projects listed in the annexes to that directive, in respect of which the Member State has discretionary powers, as confirmed by the Court of Justice (3). As I also stressed in Written Question 2039/99, responsibility for constructing the tunnel was, in breach of the 1980 port master plan, assigned by ANAS (the Italian highways authority) to the Roman firm Tor di Valle without any call for bids. Does the Commission therefore not consider that the fact that the contract to build the tunnel was awarded without an open invitation to tender constitutes a breach of European public procurement legislation (4)? (1) OJ C 219 E, 1. 8. 2000, p. 73. (2) OJ L 175, 5. 7. 1985, p. 40. (3) The Court of Justice judgment of 2 May 1996 in Case 133/94. (4) Council Directives 92/50/EEC of 18 June 1992, 93/36/EEC of 14 June 1993 and 93/37/EEC of 14 June 1993. Answer given by Mrs Wallström on behalf of the Commission (13 March 2000) The Commission has opened a file on the specific case mentioned by the Honourable Member and has requested detailed information. The situation will be assessed on the basis of the response of the Italian authorities. As for the possible action by the Commission in order to ensure the correct application of Community law, the Commission powers are limited to those conferred by the EC Treaty. The Commission, as the guardian of the EC Treaty, will not hesitate to take all necessary measures, including infringement procedures under Article 226 (ex-Article 169) of the EC Treaty, in order to ensure the observance of Community law relevant to the specific case