Commissie start procedure tegen Italië wegens jarenlang beleid om - zonder openbare aanbesteding - uitsluitend bij Agusta helikopters aan te schaffen (en)

The European Commission has decided to refer Italy to the European Court of Justice because of the Italian Government's longstanding policy of awarding contracts, directly and without competition, to the Italian company Agusta, for the supply of helicopters for civilian use by various public services. The Commission considers that such direct awards of contracts are in violation of the EU Directive on the procurement of supplies (93/36/EEC). Although the Directive does allow direct award of contracts, without the publication of a tender notice, in certain specific circumstances, none of these conditions are met in the case of these helicopter supply contracts.

The open and transparent procedures for invitations to tender required by Community law on public contracts mean more competition and better guarantees against corruption, as well as a better service to taxpayers and a better use of public money. A recent study (see IP/04/149) has shown that the application of the Directives has reduced by about 30% the prices paid by awarding authorities for works, supplies and services. In February 2004, the EU adopted a legislative package to clarify, modernise and simplify the Directives in order to achieve even greater savings (see IP/04/150).

The Commission has decided to take Italy to the Court over procedures used by the Government to buy helicopters for civilian use. This follows the failure of the Italian authorities to change these procedures, despite a request to do so in a reasoned opinion sent in February 2004 (IP/04/162).

The Italian Government has a longstanding practice of awarding contracts for the supply of these helicopters to the Italian company Agusta, without any form of competition. The helicopters involved are used by certain public services, including the forestry department ("Corpo Forestale dello Stato"), financial police ("Guardia di Finanza"), fire services ("Vigili del Fuoco"), police and security forces ("Polizia di Stato" and "Carabinieri"), coastguard ("Guardia Costiera") and the civil defence department ("Dipartimento della Protezione Civile").

Under Article 2 of the Directive, the Directive does not apply when "contracts which are declared secret or when the execution of which must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the Member States concerned or when the protection of the basic interests of the Member State's security so requires". However, Italy has not demonstrated that these grounds are met in the case of the supply of these helicopters.

The Commission has already referred Italy to the Court of Justice in connection with a government order authorising one of the services mentioned - "Corpo Forestale dello Stato" - to purchase helicopters without any form of competition (see IP/03/1037).

The case in question at the moment, on the other hand, concerns the general practice followed by the Italian Government for the purchase of all helicopters for civilian use by the services concerned.

The latest information on infringement procedures against any Member State can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm