WRITTEN QUESTION E-0844/02

by Gabriele Stauner (PPE-DE) to the Commission

(27 March 2002)

Subject: Funding of renovation of the Berlaymont building

The company Berlaymont 2000 has been renovating the Berlaymont building for the Commission since 1995. The Belgian public buildings administration is the majority shareholder in Berlaymont 2000.

On 7 and 8 March 2002 the newspaper L'Echo reported that on 22 February 2002 Berlaymont 2000 had issued an invitation to tender for a new loan of approximately EUR 650 million for the future funding of the building project. This new loan is intended to replace the existing loan, which was negotiated in April 1998 to run until 31 March 2002.

Is the Commission Vice-President responsible for this matter satisfied that the provisions of Council Directive 92/50/EEC(1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts were respected during the tender process?

Can the Commission state which of the procedures provided for in Article 1 of the Directive was used: an open, restricted or negotiated procedure?

Can it explain why the process was so rapid (invitation to tender on 22 February 2002, publication of expressions of interest on 6 March 2002)?

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

Answer given by Mr Kinnock on behalf of the Commission

(23 May 2002)

The Commission is advised that the call for tender launched on 22 February 2002 by S.A. Berlaymont 2000 aimed at the short-term financing of the modernisation of the Berlaymont. The Honourable Member should note that it was not published in the Official Journal of the Community. However, if the estimated value of this contract was to have been above the threshold of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, this tender procedure would have been in breach of the Directive.

The Vice-President responsible for Personnel and Administration was surprised at the methods and terms of this call for tender and its result, and expressed his reservations to the relevant Belgian Minister, M. Daems, in a letter of 7 March 2002.

It transpired that, since the Belgian State decided at the end of March 2002 to ensure the short-term financing of the modernisation of the Berlaymont, this call for tender was unnecessary and was not pursued.