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6.2.2004 |
EN |
Official Journal of the European Union |
CE 33/196 |
(2004/C 33 E/199)
WRITTEN QUESTION E-1998/03
by Konstantinos Hatzidakis (PPE-DE) to the Commission
(16 June 2003)
Subject: Penalty clauses relating to access roads in the concessionary agreement concerning Eleftherios Venizelos Airport, Athens
Athens' new airport, Eleftherios Venizelos at Spata, was built under a concessionary agreement concluded between the Greek authorities and the Hochtief consortium in July 1995; the project was completed in March 2001. The EU contributed some EUR 250 million to the project, representing approximately 11 % of the total cost. The concessionary agreement provides for payment of compensation by the Greek authorities to the contractor in the event of the access roads to the airport not being completed on time.
In particular, there is provision for the payment of:
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EUR 35 000 per day for each day's delay in opening the Stavros-Elefsina section of the Attica motorway, to be applied immediately once the airport has become operational, and |
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EUR 25 000 per day for each day's delay in opening the western ring-road (Avenue Ymittou), to be applied 12 months after the airport has become operational. |
To date, only part of the Stavros-Elefsina section has been opened, while the western ring-road at Avenue Ymittou is expected to open in the autumn of 2003, some 30 months after the airport became operational.
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Has the Commission been monitoring the operation of the Eleftherios Venizelos airport and compliance by the contracting parties with their obligations since the completion of the project? |
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Is there provision for a post-project evaluation by the Commission and, if so, when is it expected to be carried out? |
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Under what conditions are the penalty clauses activated? Has the contractor claimed compensation from the Greek authorities for failure to complete the access roads on time? |
Answer given by Mr Barnier on behalf of the Commission
(31 July 2003)
Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (1) does not assign any competence to the Commission to monitor the operation of a project once completed. During the operation of the airport, the Commission would intervene only if it had evidence of failure to comply with European Union legislation. The Commission does not have any such evidence at present.
The question of compliance with the contract between Greece and the concessionaire (penalty clauses, compensation, etc.) does not fall within the Commission's remit. Nevertheless, the national authorities have informed the Commission that no procedure has been launched by the concessionaire to activate penalty clauses.
The Commission intends to carry out an ex-post evaluation of the projects part-financed by the Cohesion Fund as provided for in the regulations. A report on that evaluation will be ready mid-2004 and will be made available to Parliament.