91998E1424

WRITTEN QUESTION E-1424/98

by Frode Kristoffersen (PPE) to the Commission

(11 May 1998)

Subject: Implementation of the PHARE programme

Does the Commission think that the existing PHARE programme meets its objective in view of the criticism that in its present state it does not have access to sufficient technical expertise? This shortcoming, according to critics, provides an opportunity to favour certain firms because competing firms do not have sufficient possibility to discuss the function and properties of their products at the relevant technical level with those who write the invitations to tender.

Does the detailed procedure for honouring contracts work in a satisfactory and timely fashion?

Answer given by Mr van den Broek on behalf of the Commission

(12 June 1998)

The Commission has sufficient access to technical expertise through both internal and external experts. The latter are called upon when appropriate. Procedures for tendering were strengthened in 1997. The Commission also introduced standard tendering and contract documentation for PHARE in 1997. This provides for greater rigour in several areas, including tender evaluation procedure, the composition of tender evaluation committees, the feedback provided to bidders and stricter rules to avoid conflicts of interest.

In implementing Phare, the Commission respects the provisions of the Financial Regulation(1) including open tendering for works and supply contracts. For service contracts the provisions of Article 118 of the Financial Regulation (as revised in October 1995)(2) apply to ensure that all potential service suppliers have the opportunity to compete on an equal basis. Once a programme has been approved, its summary contents and budget breakdown are published in the Official journal followed by a more detailed description published on the Internet at the moment of tendering of individual service projects. This helps to ensure that all firms have equal access to relevant information. Potential service suppliers are invited to express their interest in project implementation. Firms which meet the minimum standards required for pre-qualification will subsequently be eligible to be short-listed.

Speedy contracting is a constant goal, but the Commission is also committed to ensuring that competition is fair, and cannot and will not compromise on transparency requirements. Sufficient time must be allowed for contracting and tendering to take place with the required level of transparency and fairness.

(1) OJ L 356, 31.12.1977.

(2) OJ L 240, 7.10.1995.