91998E1659

WRITTEN QUESTION P-1659/98

by Honório Novo (GUE/NGL) to the Commission

(18 May 1998)

Subject: Express railway for Porto - tendering procedure

The Commission insisted that the Portuguese authorities suspend the tendering procedure for the construction of the express railway for Porto until the questions raised at the beginning of the year concerning the third phase of selection of bidders had been fully clarified.

It is well known that the initial explanation given by the Portuguese authorities to the Commission was considered insufficient as regards details concerning, among other things, the assessment method, the construction method and the absence of unit prices.

The tendering procedure has now been suspended for around four months and it is becoming increasingly clear that this will not only mean that the project may not be completed on schedule, but will also increase costs by an amount which has not yet been calculated in detail but which, some believe, could be up to Esc 20-30 billion.

Replying on 5 May to my Question P-0591/98(1), Mr Monti, member of the Commission, justified the Commission's intervention in the procedure on the grounds that such action was required by Community law, irrespective of whether complaints had been lodged with the national authorities and of the results thereof.

While noting the Commission's doubts regarding the replies given by the Portuguese authorities, I consider that the Commisioner has not replied to the substantive and key section of my previous question. I therefore feel it necessary to reiterate that question:

In view of the delays and additional costs which the suspension of the procedure will entail for the project, is the Commission prepared to provide compensation for such harmful consequences? What specific financial and administrative steps will it take to this end?

Answer given by Mr Monti on behalf of the Commission

(19 June 1998)

Having received a complaint concerning the third phase of the Metro de Porto tender procedure, the Commission sent a first letter to the Portuguese authorities on 4 February 1998. However, as the Honourable Member says, the Commission did not consider totally satisfactory their answer dated 11 March 1998. Therefore, on 8 April 1998 a second letter was sent to the Portuguese authorities which, given the circumstances, requested a very urgent reply.

The Commission recently received an answer dated 18 May 1998 which it is currently analysing. Furthermore, a meeting was held with the Portuguese authorities on this very subject on 15 June 1998. Following this meeting the Commission will be in a position to decide whether or not to open proceedings under Article 169 EC Treaty.

The Commission would like to point out that the project is financed by the European investment bank, that therefore the Commission must give its opinion on that project, and that a favourable opinion cannot be given if there is a suspicion of any infringement of Community law.

(1) OJ C 310, 9.10.1998, p. 98.