AS228 - LEGISLATION REGARDING INFRASTRUCTURE AND TRANSPORT
PRESS RELEASE
THE COMPETITION AUTHORITY: EUROPEAN COMPETITIVE TENDERING IS BETTER FOR THE HIGH-SPEED RAIL PROJECT
At its meeting on 7 February 2002, the Competition Authority resolved to submit a report to Speaker of the Senate, the Speaker of the Chamber of Deputies, the Prime Minister, the Minister of the Economy and Finance, and the Minister of Infrastructure and Transport, in relation to clause 6 of the Bill to enact provisions regarding infrastructure and transport, which is currently lying before the Chamber of Deputies.
One particular provision of this clause repeals a provision of the 2001 Finance Act, which provided that if the final design and construction of the High Speed railway infrastructure has not begun on the date of entry into force of the Act, it must be once again put out to competitive tender as required by Community law. The repealed provision of the 2001 Finance Act also revoked the franchises for the work commissioned to Tav S.p.A. by Ferrovie dello Stato. In essence, clause 6 of the Bill currently before parliament requires the franchises granted to Tav S.p.A. by Ferrovie dello Stato in 1991 and 1992 and the underlying relations established by Tav S.p.A. with the general contractors must be allowed to continue without interruption.
While concurring with the intention lying behind this provision of the Bill, namely, to construct railway infrastructure in Italy comparable with what exists in other European countries, the Authority feels it appropriate to point out that the changes proposed to existing legislation is inconsistent with Community legislation governing public tenders, which makes competitive bidding mandatory and requires compliance with the principles protecting competition.
As the Authority has pointed out several times in the past, competition between the largest number of companies operating on the market is the most appropriate way of identifying those that are best able to implement the words commissioned efficiently. It also guarantees that the cost will be kept to the minimum.
The Authority therefore urges the government to modify clause 6 of the Bill and to call competitive tenders for the design and construction of the projects on which work has not yet begun.
Rome, 13 February 2002