92003E1147

WRITTEN QUESTION P-1147/03

by Giovanni Pittella (PSE) to the Commission

(24 March 2003)

Subject: V.I.L.A. srl

With reference to access by the V.I.L.A. srl company to EU funding administered by Campania Region in accordance with its Objective 1 status, to be used in connection with the Casalgian programme financed by the Employment Ministry under Article 1b of Italian Law 236/93, the Commission, which was questioned on the matter on 25 September 2002, issued a reply (P-2772/02(1)) on 21 October 2002.

With reference to that reply the following two points should be made:

- On 24 February 2003 Mr Renato Paravia was acquitted at Salerno Law Court pursuant to Article 530 of the penal code, since there was no case to answer.

- Contrary to what is stated by the Commission, the Community co-funding provided under the 2000-2006 ROP is drawn from the ERDF, not the ESF.

Will the Commission this time answer the following questions:

1. Did V.I.L.A. srl, by taking part in two invitations to tender issued by the Employment Ministry, comply with the open and public procedure stipulated by the Commission as a prerequisite for access to Community funds under the ROP?

2. Is Campania Region obliged to grant the relevant co-funding in accordance with the ROP managerial role assigned to the provinces, which have undertaken to grant V.I.L.A. access to Community funding under the 2000-2006 ROP in its capacity as a beneficiary and an executor of the Casalgian programme?

3. Will both the Campania ROP and the PC consider the possibility of a derogation from the open and public procedure, should the beneficiary/executor be selected at national level (see, for example, measure 2(1)(3), which allows an exception in cases in which the body selected constitutes, in law or under some other provision, the executor of a national or regional strategy in a given area)?

(1) OJ C 52 E, 6.3.2003, p. 213.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 April 2003)

The Honourable Member is asking the Commission to comment on a specific case, namely access of the company VILA srl to European funding administered by Campania Region under Objective 1 Italy.

The Commission, which was already asked about this on 25 September 2002, can only remind the Honourable Member of its reply of 21 October 2002 (P-2772/02 by Mr Pitella) on the general principles governing the Structural Funds, and point out that the managing authority responsible for this is Campania Region, Assessorato alla formazione professionale, via S. Lucia 81, Naples, Tel. 0817966303.

The managing authority is also responsible for ensuring compliance with the open and public procedure for access to Community funding under the ROP.

In general, Campania Region cannot be obliged to provide cofinancing on the basis of a decision taken by a province. However, it is not up to the Commission to decide whether Campania Region was obliged to provide this cofinancing.

Finally, the Commission would remind the Honourable Member that European Directives on public procurement also apply to regional operational programmes.