(2004/C 33 E/084)

WRITTEN QUESTION E-0852/03

by Christos Folias (PPE-DE) to the Commission

(20 March 2003)

Subject:   Public supply contracts

Article 7(2) of Greek law 2955/2002 authorises the supply of products in the absence of estimates regarding annual requirements or procedures for the awarding of contracts. It does not provide for any means of establishing which product is the most suitable for patients and allows prices to be set arbitrarily at the highest level thereby limiting competition. Similarly Joint Ministerial Decision DG6a/GP/73754/24-7-7-02(Official Gazette 984/31/7-02) implementing the above law is not based on any technical specifications, observing that no comparison is possible as, more specifically, that entire categories of products cannot be compared with each other, on the principle that, by definition, all manufacturers produce items which cannot be compared with those produced by any other manufacturer. It also fails to stipulate procedures for the according of public supply contracts or require estimation of annual requirements to be drawn up specifying either exact content or quality, leaving matters to the discretion of the body concerned.

Is Greek Law 2955/2002, together with the Ministerial Decision implementing it, in accordance with EU legislation in this field and more specifically Directive 93/36/EEC (1). If not, what measures will the Commission take to ensure that Greece fully complies with the directive and when?

Supplementary answer given by Mr Bolkestein on behalf of the Commission

(31 July 2003)

The Commission has in fact obtained Greek law No 2955/2001, and the Ministerial Decision implementing that law (2). After an initial examination, it appears that these provisions might not comply with the requirements of Directive 93/36/EEC (3).

The Commission has just received a complaint about the same matter, which seems to give a more comprehensive description of the way in which the Greek legislation applies to hospital supplies.

The Commission will examine the bulky documents it has received on this matter and, in dealing with this complaint, will contact the Greek authorities to obtain their point of view both on the allegations made by the complainant and on the Commission's analysis of this case.

(1)  OJ L 199, 9.8.1993.

(2)  DY6a/GP/73754/24-7-02/FEK 984/31-7-02.

(3)  Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, OJ L 199, 9.8.1993.