WRITTEN QUESTION No. 1430/99 by Gary TITLEY Contracts awarded by Directorate-General XXIV under the restricted tender procedure
29. 1. 2000 EN Official Journal of the European Communities C 27 E/65 appointed an adviser on enlargement who co-ordinates JICS work with TAIEX, which also benefits from another JICS official seconded on a full-time basis. (2000/C 27 E/078) WRITTEN QUESTION E-1430/99 by Gary Titley (PSE) to the Commission (1 September 1999) Subject: Contracts awarded by Directorate-General XXIV under the restricted tender procedure In cases where DG XXIV awards tender contracts under the restricted tender procedure, could the Commission clarify: 1. how it ensures that the consultants selected to undertake such studies act in an impartial and objective manner, 2. how it ensures that the individuals working on behalf of the consultants contracted to undertake such studies do not have any connections with, or interests in, organisations, commercial or otherwise, which may have a specific interest in the outcome of the study, and 3. how it further ensures that the principles and the consultants undertaking the study respect laid down in the Protocol on the application of the principles of subsidiarity and obligations, proportionality annexed to the Treaty of Amsterdam, to consult widely before drafting their final recommendations? Answer given by Mr Byrne on behalf of the Commission (5 October 1999) 1. In any call for tender, the Commission always requests information about the personal situation of the contractor. The Commission also gives the list of the minimum criteria which have to be fulfilled to be awarded the contract. In the case of the more important studies, the Commission requests interim reports. This gives the Commission an opportunity to verify the development of the work and to control the conduct of the study. 2. To any call for tender, are always annexed the general terms and conditions applicable to service contracts awarded by the Commission. Article 3 of these general terms and conditions specifies that the information, contractor undertakes not to make use of and not to divulge to third parties any facts, knowledge, documents or other matters communicated to him or brought to his attention in the performance of the contract or any results arising therefrom. He shall continue to be bound by this undertaking after the expiry of the contract. If the contractor uses his own staff in performance of the the contract, he shall obtain from each staff member a written undertaking that confidentiality of any information brought to their attention in the performance of the work and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of their assignment. A copy of the under- taking shall be sent to the Commission. they will respect 3. The protocol to which the Honourable Member refers provides that Without prejudice to its right of initiative, the Commission should, except in cases of particular urgency or confidentiality, consult widely before proposing legislation and, wherever appropriate, publish consultation documents. í This provision applies to the Commission. Consultants, however, are not covered. The Commission will, of course, respect fully this provision before proposing any legislation if a study were to lead to the conclusion that Community legislation might be necessary