Brussels, 23/11/2009 (Agence Europe) - On Friday 20 November 2009, the European Commission decided to pursue infringement proceedings against several member states in relation to public tender, financial services and the supply services.
Public tender. A) Germany is being taken to the European Court of Justice over its granting of two contracts (without a call for tender) by the city of Rostock to a mixed company for waste disposal. The German authorities admit that EU rules were infringed but the contracts are continuing. B) Spanish legislation gives public authorities the option of amending fundamental terms of public contracts after the contracts have been awarded. This option is not made clear and the Commission believes the system infringes the EU Treaty. C) The European Commission has sent a reasoned opinion letter to Greece asking for official information about the award by the Greek government of contracts for real estate mapping and town and country planning services. These contracts supplement the initial contracts and were granted after negotiations without any publication of a call to tender. D) Greece is also being sent a warning letter asking it to explain how it has complied with a European Court of Justice ruling (Case C-489/06) on the supply of medical devices to Greek hospitals. E) The Commission has decided to end an infringement proceeding against France over the award of contracts to several semi-public French establishments without a call for tender.
In their national legislation, the French authorities state that allocating contracts without advertising them or opening up to competition was valid only if the public authority has control over the sub-contractor similar to its control over its own services ("in-house" relationship). F) The Commission is closing proceedings against Slovakia concerning the granting of a service contract by its infrastructure minister without observing European legislation. According to the Commission, Bratislava's cancellation of the contract removes the specific foundation for the complaint, but does not close the investigation currently being carried out by the European Anti-Fraud Office, or the investigations of the Slovakian police and justice authorities.
Financial services. A) Belgium will have to explain itself before the Court regarding its national legislation governing complementary health insurance offered by private health insurance funds (mutualités/ziekenfondsen). The Commission is keen to make sure that when they offer health insurance over and above the obligatory social services regime, these organisations are subject to the same prudential controls and rules (Directives 73/239/EEC and 92/49/EEC) as those governing private insurance companies. B) The Commission has decided to bring four member states (Belgium, Ireland, Greece and Luxembourg) before the Court of Justice for failing to transpose an accounting directive in full (deadline: 5 March 2008). Directive 2006/46/EC stipulates, amongst other things, the upper limits allowing a member state to determine which companies are exempt from certain obligations of information. The United Kingdom will receive a reasoned opinion for failing to transpose the directive in Gibraltar. C) Seven member states (Spain, Greece, Italy, Netherlands, Poland, Portugal and the United Kingdom) will receive a reasoned opinion for failing fully to transpose Directive 2007/44/EC (deadline: March 2009). This active legislation reinforces procedures and defines the criteria to be applied by the national monitoring authorities when assessing acquisitions or increases in stakes in financial companies. The United Kingdom will receive a reasoned opinion for failing to transpose the directive in Gibraltar.
Free movement of capital. A) The Commission will ask Italy how it has come into line with a ruling of the Court (case C-326/07) of March 2009, which takes the view that the criteria allowing the Italian state to oppose acquisitions of stake in privatised companies active in the energy or telecommunications sector are too generous and unspecific. According to the Court, this decree gives the Italian authorities excessive discretionary powers. B) Austria will receive a reasoned opinion asking it to make changes to legislation of the Land of Vorarlberg, which makes it impossible for people not involved in agriculture to buy agricultural land if a farmer has expressed his or her intention of buying the land. The measures taken by Vienna do not respond to all of the concerns voiced by the Commission.
Money laundering. Belgium will be asked for clarification on how it has complied with the ruling of the Court which stipulates that this member state is not applying the definition of "politically exposed persons" brought in by 2005/60/EC with regard to money laundering. The deadline and transposition directive was set for the month of December 2007.
Professional qualifications. A) Greece will receive a reasoned opinion asking it for information on how it has complied with a ruling of the Court (case C-274/05) condemning its refusal to acknowledge a number of engineering degrees issued in other member states. Athens has also infringed other provisions of directive 89/48/EEC governing professional qualifications. B) Further to a ruling of the Court (case C-465/08), the Commission will ask Greece to notify it of its measures to transpose Directive 2005/36/EC stipulating the European rules on the recognition of professional qualifications. This directive should have been transposed by the end of October 2007.
Provision of services. A) When receiving health care in another member state, a patient affiliated to a German sickness insurance provider is not entitled to the same rate of reimbursement as for exactly the same care provided in Germany. Berlin will receive a reasoned opinion for hindering the freedom to provide services. B) UK legislation still does not allow the recognition of medical prescriptions drawn up in another member state for the provision of certain drugs ("controlled drugs" category). The Commission will send the United Kingdom a reasoned opinion. It is also contesting the obligation to specify the address and age of the patient on prescriptions before these can be recognised. C) By means of a reasoned opinion, the Commission called on Cyprus to modify its national legislation banning private Cypriot higher education establishments from issuing foreign diplomas. D) Portugal will receive a reasoned opinion as its national legislation on construction services does not allow authorisations already obtained in other member states to be taken into account, includes a requirement for maintaining minimum activity in Portugal and bans all forms of sub-contracting. (M.B./transl.fl)