En En Notice to Members

EUROPEAN PARLIAMENT 2009 - 2014

Committee on Petitions

3.3.2011 NOTICE TO MEMBERS

Subject: Petition 0207/2007 by Konstantinos Parisis (Greek), with one signature, on alleged failure to comply with EU legislation in connection with the transportation of school children in the northern Greek districts of Pella, Serres, Drama and Thessaloniki

Petition 1508/2008 by Spiros Zafeiris (Greek), on the failure by the Greek authorities to enforce the provisions of Directive 2004/18/EC of the European Parliament and of the Council on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts in connection with pupil transport in the county of Argolida in Greece

1. Summary of petition 0207/2007

The petitioner, who is a lawyer representing 21 companies engaged in bus transport, points out that the responsible authorities in the northern Greek districts of Pella, Serres, Drama and Thessaloniki have in recent years, in connection with the tendering procedure for the hiring of buses for the transportation of school children, disregarded the provisions in a series of EU legal acts including Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sector and Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. Since the petitioner has already applied unsuccessfully to the national appeal bodies, he is asking Parliament to intervene.

Summary of petition 1508/2008

The petitioner, who is co-owner of a transport company in Nafplion, county of Argolida, maintains that the competent authorities in Argolida county disregarded the provisions of Directive 2004/18/EC of the European Parliament and of the Council on the coordination of

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procedures for the award of public works contracts, public supply contracts and public service contracts in connection with the tendering procedure for the hire of buses for pupil transport in the Nafplion area. The petitioner has already unsuccessfully applied to the national complaints authorities and calls on the European Parliament to intervene.

2. Admissibility

0207/2007: Declared admissible on 4 July 2007. Information requested from Commission under Rule 192(4). 1508/2008: Declared admissible on 13 March 2009. Information requested from Commission under Rule 192(4).

3. Commission reply, received on 19 October 2007.

The Commission is examining the issue of the petition in question in the framework of complaint 2007/4339 submitted to it by the petitioner. In this context, the Commission has received voluminous documentation, part of which was received very recently on 24 July 2007.

The very voluminous documents are currently under study by the competent Commission services to assess them in the light of Community law on public procurement, namely Directives 93/38/EEC 1 and 2004/17/EC 2.

In the framework of the examination of the aforementioned complaint, the Commission services will address themselves, if needed, to the competent national authorities in order to collect their views on the facts denounced.

If, following the examination of the further information received and the exchange of views with the Greek authorities on this issue, the Commission considers that there has been an infringement of Community law on public procurement in relation to the aforementioned procedures, it can make use of the possibilities offered to it by article 226 of the EC Treaty and can also apply the necessary measures in relation to Community co-funding.

4. Further Commission reply , received on 17 December 2008.

As already indicated in its first communication, the Commission is examining the issue raised in the petition in the framework of complaint 2007/4339 submitted by the same petitioner.

In the context of the examination of the aforementioned complaint, in December 2007 the Commission sent an administrative letter to the competent national authorities in order to

1 Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 199, 9.8.1993. 2 Directive 2004/17/EC of the Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ L 134, 30.4.2004.

PE396.637v05-00 2/5 CM\859578EN.doc EN receive their views on the allegations raised. The Commission asked for information on the two issues which arose in the context of the complaint. The first issue related to the establishment and operation of the KTELs, a joint fund of bus operators, and in particular on the contracts awarded by KTEL for the supply of buses and the relevant contracts concluded with the bus drivers. The second issue concerned contracts awarded to KTEL by the districts of Pella, Serres, Drama and Thessaloniki, relating to the transport of pupils in these districts.

The Hellenic authorities replied in February 2008. With regard to the first issue, the reply did not provide the Commission with the necessary information that would enable them to proceed with the assessment of the issue. Furthermore, the complexity of the structure and operation of the KTELs became apparent. With regard to the second issue, the national authorities acknowledged that contracts for the transport of pupils have to be awarded on the basis of the procedures envisaged by the EC public procurement rules.

The case has also been discussed in the package meeting which took place in June 2008, between the Commission services and the national authorities. The Hellenic authorities acknowledged that their reply of February 2008 had failed to address all the issues. Therefore, they requested more time in order to be able to provide the Commission with a comprehensive answer which will allow them to properly evaluate the issues raised.

With regard to the second issue, the Hellenic authorities have provided further information. In particular, at the meeting in June 2008, explanations were provided in relation to the tendering procedures which lead to the award of such contracts. Furthermore, explanations were given with regard to the publication of the relevant contract notices which, according to the Hellenic authorities, are always published in the Official Journal of the European Union. In addition, it was explained why, in certain cases, the exceptions provided for in Directive 2004/18/EC 1 may be applicable for the purpose of directly awarding such contracts. It was decided that a separate reply concerning specifically this issue will be sent by the Hellenic authorities.

The Commission services are currently awaiting supplementary replies from the Hellenic authorities in order to assess the issues raised in terms of their compatibility with the EC public procurement rules. In case the replies are not considered satisfactory or in case no replies are received in the immediate future, the Commission may decide to open infringement proceedings against the Hellenic Republic on the basis of article 226 of the EC Treaty.

5. Commission reply , received on 19 June 2009 for 0207/2007 & 1508/2008.

As already indicated in its previous communications regarding petition 207/2007, the Commission is examining the issue of transportation of school children in the districts of Pella, Serres, Drama and Thessaloniki in the framework of a complaint submitted to it by the petitioner.

The Commission decided on 19 th of February 2009 to initiate infringement proceedings

1 Directive 2004/18/EC of the Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ L 134, 30.4.2004.

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against the Hellenic Republic pursuant to Article 226 of the EC Treaty, by sending a letter of formal notice. In the letter of formal notice the Commission considered, inter alia, that the tendering procedures carried out by the Districts of Thessaloniki, Drama and Pella, relating to the transport of students by buses in these Districts for the academic year 2007-2008, had not been conducted in a manner compatible with the requirements of Directive 2004/18/EC 1.

Concerning petition 1508/2008, the Commission notes that its subject appears to be related to the issue mentioned in petition 207/2007 and therefore can be considered together with that petition. In particular, the petitioner alleges that the tendering procedure carried out by another district, namely the District of Argolida, also relating to the transport of students by buses in the District, has not been conducted in a manner compatible with the requirements of Directive 2004/18/EC.

In this context, the Commission points out that in the abovementioned letter of formal notice, it considered that, in view of the fact that the infringements to the EC rules appear to have been committed by a number of Districts, it is necessary that appropriate and adequate measures are introduced, which will ensure that with regard to future procurements that will be carried out by Districts across Greece in relation to the subject matter in question, contracting authorities will comply with the applicable EC procurement rules.

The Commission therefore invited the Hellenic government to undertake a commitment in that sense and to inform it of the precise nature of the measures it envisages introducing in order to prevent future infringements of the EC rules. The Commission will keep the European Parliament informed of further developments.

6. Commission reply , received on 24 June 2010 for 0207/2007 & 1508/2008.

The Hellenic government has submitted its observations to the letter of formal notice, by means of a letter dated 11 th of May 2009, which contained voluminous documentation. In this context, observations were provided with regard to the tendering procedures carried out by the Districts of Thessalonica, Drama and Pella for the academic year 2007-8. Furthermore, the Hellenic authorities have provided the requested information concerning the tendering procedures which have been carried out by these Districts in relation to the transport of school students for the academic year 2008-9. Following the assessment of the observations provided and of all the information in the possession of the Commission, it was concluded that the abovementioned tendering procedures carried out by the Districts of Thessaloniki, Drama, Pella and Argolida, had not been conducted in a manner compatible with the requirements of Directive 2004/18/EC.

As a result, on 18 March 2010 the Commission decided to issue an additional letter of formal notice, thereby extending the infringement proceedings, to include the abovementioned tendering procedures relating to the academic year 2008/2009. In view of the systematic nature of the infringement (number of Districts concerned), the Commission once again invited the Hellenic government to undertake a commitment to adopt measures ensuring compliance with EU procurement law with regard to future procurements that will be carried

PE396.637v05-00 4/5 CM\859578EN.doc EN out by Districts across Greece in relation to the subject matter in question and to inform the Commission about such measures. The Commission will keep the European Parliament informed of further developments.

7. Commission reply , received on 3 March 2011 for 0207/2007 & 1508/2008.

Following the response of the Greek authorities to the additional letter of formal notice of 27th May 2010, the Commission maintained its position that the tendering procedures carried out by the Districts of Thessaloniki, Drama, Pella and Argolida, had not been conducted in a manner compatible with the requirements of Directive 2004/18/EC. Consequently, the Commission decided on the 27 th of January 2011 to pursue further the infringement proceedings, by delivering a Reasoned Opinion pursuant to Art. 258 of the Treaty on the Functioning of the European Union. The Commission will keep the European Parliament informed of further developments.

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