91997E2352

WRITTEN QUESTION E-2352/97 by Roberta Angelilli (NI) to the Commission (10 July 1997)

Subject: Call for tenders for an advisor on the privatization of the ACEA by Rome City Council

In its answer to Written Question P-1071/97 ((OJ C 373, 9.12.1997, p. 60.)) on the tendering procedure initiated by Rome City Council in order to find an advisor on the privatization of the Municipal Energy and Environment Board (ACEA), the Commission said that since the amount awarded was LIT 327 726 000 net of VAT, Directive 92/50/EEC ((OJ L 209, 24.7.1992, p. 1.)), which sets a minimum threshold for applicabilty of ECU 200 000 excluding VAT, could not be considered as applicable. However, the Commission also stated that the threshold of ECU 200 000 does not refer to the amount

'awarded', but to the amount 'estimated' when the call to tender is issued. Hence if the amount of the contract estimated by the City Council had been more than ECU 200 000, it would indeed have contravened European legislation.

However, Rome City Council's Decision No 1937 of 1995, which announced the call to tender for an advisor on the privatization of ACEA, did not in fact make any estimate of the amount involved. This means that Rome City Council's infringement was twofold, in that it not only did not forward the call to tender but it did not even estimate the amount of the contract beforehand. However, it is stated clearly on page 5 of that same Decision No 1937 that 'Rome City Council shall forward the call for tenders to the Publications Office of the European Communities by fax, to be confirmed subsequently by registered letter ...'.

In view of the above, can the Commission say:

1. whether Rome City Council's failure to estimate the amount of the contract and to forward the call for tenders to the Publications Office constitutes an infringement of Directive 92/50/EEC;

2. if so, what steps it intends to take to restore compliance with Community law;

3. also, if an infringement has been committed, whether the procedure for finding an advisor, on the basis of the evidence set out above, may be considered as invalidated from the outset?

Answer given by Mr Monti on behalf of the Commission (16 September 1997)

The fact that Rome City Council's Decision No 1937/95 does not specifically give an estimate of the contract amount is not in itself an infringement of Community law on public tenders.

The Commission has, however, asked the Italian authorities to explain the failure to send a copy of the call for tender for an advisor on the privatisation of the Municipal Energy and Environment Board in Rome to the Office for Official Publications of the European Community.

The Honourable Member will be informed of the Commission's assessment of the reply from the Italian authorities.