Brussels, 13/03/2000 (Agence Europe) - The European Commission has initiated seven infringement procedures against France, the United Kingdom, Luxembourg and Spain for failure to implement or incorrect application of EU rules on open and competitive public procurement procedures. Four cases are being taken to the European Court of Justice, concerning France (three times) and Spain. In the other cases, the authorities concerned are the subject of a "reasoned opinion" (second stage of the infringement procedure); they have two months to react, otherwise the Commission may also turn to the Court of Justice. Most of the infringements refer to the transposition of directives, and in two cases concern the passing of specific public procurement contracts.
Here is an overview of the cases:
- France and the United Kingdom have still not transposed into national legislation the directives on public procurement in the water, energy, transport and telecommunications sectors (98/4/EC), whereas the deadline for transposition was 16 February 1999. The Commission has turned to the Court of Justice against France and sent a reasoned opinion to the British authorities.
- France and Luxembourg have not transposed into national legislation Directive 97/52/EEC, amending the legislation in force of public procurement for services, supplies and works. These two countries have infringed EU legislation since 13 October 1998. France is being taken before the Court of Justice and Luxembourg will receive a reasoned opinion.
- The Commission has decided to take Spain before the Court of Justice. It considers that the procedures used to select the company responsible for executing the work of building an experimental penitentiary centre in Segovia were illegal.
- The Commission has sent Spain a reasoned opinion in relation to the tendering procedures used for public work contracts. The problem concerns the standard contract documents drawn up by the Spanish authoritised for use by procurement bodies which is several key respects do not follow Community rules.
- The Commission has decided to take France before the Court of Justice as it regards as irregular the procedures followed by the local authorities of Nancy for selecting a company responsible for constructing a waste water treatment plant in Maxeville.
