91997E3750

WRITTEN QUESTION E-3750/97 by Roberta Angelilli (NI) to the Commission (21 November 1997)

Subject: Execution of services connected with the activities of Alitalia Spa

With regard to the joint answer to questions E-1858/97 and E-1859/97 ((OJ C 60, 25.2.1998, p. 59.)) it should be specified that the transport services referred to are expressly provided for staff and crews of Alitalia Spa. Consequently, whichever company concluded the contracts in question, whether the Società Aeroporti di Rome Spa or Alitalia Team Spa, it is necessary, for the purposes of the transparency of these agreements, to clarify the relationship between Alitalia Spa and the above-mentioned companies. Furthermore, despite the provisions of Article 1(b) of Directive 92/50/EEC ((OJ L 209, 24.7.1992, p. 1.)) and recital 18 of Directive 93/38/EEC ((OJ L 199, 9.8.1993, p. 84.)), Alitalia is a company 90% of whose capital is held by IRI, a public holding company. Nevertheless, the company can conclude contracts for tens of billions of Lire without being subject to any rules governing transparency, unlike other public companies, such as Ferrovio delle Stato Spa (the State Railways). This is an obvious anomaly, for which it is hard to find any justification.

In view of the above, can the Commission say:

1. whether both the contracts referred to in the above-mentioned written questions are to be considered as having been concluded by Alitalia Spa;

2. the reason for the anomalous situation whereby Alitalia Spa, 90% of whose capital is held by the public holding company IRI, should be excluded from the application of any European law on public contracts, thereby jeopardizing the correctness and transparency of the contracts concluded by it?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

1. In her previous written questions (E-1858/97 and E-1859/97), the Honourable Member stated that the contracts for the transport of passengers and crew had been awarded by Alitalia S.p.A. through its administrative office at Fiumicino airport and through Alitalia Team S.p.A. respectively.

2. The Honourable Member is asked to refer to the answer given to those written questions as regards the scope of Directives 92/50/EEC coordinating award procedures for public service contracts and 93/38/EEC coordinating contract award procedures in the water, energy, transport and telecommunications sectors.