Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-10-21-Speech-2-221"
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"en.20031021.6.2-221"2
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".
The Commission has investigated the complaints it received in connection with the public service contracts awarded by the company Trasagua and has come to the conclusion that this entity must be regarded as a public law body within the meaning of the community directives concerning the coordination of the procedures for the award of public service contracts.
The Commission therefore takes the view that the provisions of the public service contract directives are applicable to this entity when it awards a contract falling within the scope of these directives and that the environmental impact assessment contract referred to by the honourable Member should have been published in the Official Journal of the European Union.
In a letter to me dated 19 June 2003 Mr Martinez Fernandez, State Secretary for Coastline and Waterways in the Spanish Environment Ministry, acknowledges that this analysis of the Commission is correct. And in the same letter he gives the undertaking that from now on the company Trasagua will apply the relevant provisions of the EC directives in full whenever it awards contracts.
The Commission wishes to draw the attention of the honourable Member to the fact that the Trasagua case must be placed in the broader context of the compatibility of the Spanish provisions for the implementation of the community concept of public law body. The Spanish Act under which the public service contract directives are implemented does after all exclude private entities from its scope, even if they conform to the definition of public law body within the meaning of the community directives.
In this context the Commission has on various occasions taken action under Article 226 for failure to fulfil obligations. The Court of Justice for example recently found Spain guilty of the incorrect application of the directive on working on the construction of a prison. Another case relating to the more general problem of the incorrect implementation of the personnel scope of the directives concerning the coordination of the procedures for the award of public works contracts and of public supply contracts has still to come before the Court. In addition, on 11 July of this year the Commission decided to declare Spain in default on the same grounds in relation to Directive 92/50/EEC concerning the coordination of procedures for the award of public service contracts."@en1
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