92003E0405

WRITTEN QUESTION E-0405/03

by Jan Dhaene (Verts/ALE) to the Commission

(17 February 2003)

Subject: International architecture competition relating to the European Quarter in Brussels

In 1997, the European Commission and the Brussels-Capital Region launched an international architecture competition relating to the European Quarter in Brussels, jointly financed by the two bodies on the basis of 50 % each. The competition was won by Aukett + Art & Build. Following the complaint brought by a participant in the competition and by the Commission regarding a breach of the rules governing competitions, as set out in Article 13 of Directive 92/50/EEC(1), the Belgian authorities decided on 12 April 2001 to cancel the contract in question.

The Belgian authorities awarded the service contract for the Place de l'Union européenne (Le soir, 24 July 2000) to the architectural firm ODC (for operations to the value of EUR 2 478 935). This Place de l'Union Européenne was included in the competition's programme of studies.

Does the Commission intend to claim reimbursement of 50 % of the competition funding from the Brussels-Capital Region, given that Belgium acknowledged the Commission's grievances (see letter of 19 February 2001 from Jill Michielssen, for the Commission's DG Internal Market, to the third-placed entrant)?

Was the award of the contract to ODC to undertake studies for the Place de l'Union européenne (Place J. Rey) carried out in keeping with the provisions of Council Directive 92/50/EEC of 18 June 1992, relating to the coordination of procedures for the award of public service contracts (specifically, the freedom to provide services)?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Kinnock on behalf of the Commission

(21 May 2003)

The Honourable Member's first question concerns the European Footpaths international architectural competition, which was the subject of a complaint to the Commission. Having considered the case the Commission sent a reasoned opinion to the Kingdom of Belgium on 9 February 2001. Following that, the Belgian authorities decided to terminate the contract with the competition winner and acknowledged that the objections raised by the Commission were valid. The complaint procedure was brought to a close by a Commission Decision of 24 April 2002.

Of the sum of EUR 150 000 disbursed by the European Institutions for the purposes of this competition, EUR 101 875 was spent on the administrative and logistic costs of organising the competition and EUR 48 125 was spent on the prizes awarded for the best projects, including EUR 17 500 awarded to the winner. Reimbursement can only be claimed for the last amount. A letter will be sent to the Brussels Region to ascertain its intentions on this matter and, if appropriate, repayment will be sought.

Secondly, the Honourable Member wishes to know whether the provisions of Council Directive 92/50/EEC of 18 June 1992 were observed in the award of another service contract for design studies for the European Union Plaza.

The Commission is in contact with the Belgian authorities in order to examine this matter and specifically, to assess whether this contract falls within the financial thresholds set by the Directive.