Brussels, 14/05/2009 (Agence Europe) - On Thursday 14 May, the European Commission decided to move to the next stage in infringement procedures against three member states (Ireland, Italy and Lithuania) in the area of public procurement. It is also to open an infringement procedure against Slovakia.
Ireland has been referred to the European Court of Justice over the award procedure by the Department of Agriculture and Food for a public supply contract for animal identification tags. According to the Commission, the contracting authority should not have applied criteria relating to tenderers' ability to perform the contract in question as award criteria, nor should it have modified the emphasis among the published award criteria. Italy is being sent a reasoned opinion calling on it to comply with a Court of Justice judgment (in case C-337/05) which ruled that Italy had infringed public procurement directives when it directly awarded contracts for the purchase of several military and civilian helicopters. The Commission wants assurances that Community rules will be followed in similar contracts in the future and for a period of time proportionate to that during which the illegal practice continued. Lithuania will receive a reasoned opinion after the award of a works contract by Lithuania Railways (Lietuvos gelezinkeliais) for the modernisation of the railway radio communication system without calling for tenders. The contract was worth nearly €60 million, and was co-funded by the European Cohesion Fund. After publishing a contract notice on the launch of an open procedure for the award of the above contract, Lithuanian Railways decided to reject the two offers received, qualifying them as unsuitable. The Commission allows the use of the negotiated procedure when the previous open procedure fails to attract tenders compatible with the technical requirements specified. It does not consider, however, that the tenders received in this case were unable to meet the aims of the contract. Slovakia is to receive letter of formal notice asking for further information on the award of the Electronic Toll Collection Service by the National Motorway Company (Národná dia¾nièná spoloènos, a.s.). The Commission wants to know why three tenderers ere excluded from the tender procedure. (M.B./transl.rt)