European Parliament
President.
Question No 47 by Alexander de Roo 
Subject: Tenders for the Ebro water transfer environmental impact studies
The Commission is currently examining the question of whether the Spanish National Hydrological Plan is compatible with Community law. The Commission knows that the Spanish Government set up the state company ‘Infraestructuras del trasvase, Sociedad Anónima (Trasagua)’ to plan and implement the Ebro water transfer
(1)
of the National Hydrological Plan and likewise knows that in August 2002, Trasagua awarded the tender for the Ebro water transfer environmental impact studies
(2)
, totalling EUR 1 705 524, without having published this tender in the European Union’s Official Journal
(3)
. The Commission has already informed us that it was investigating this case, and now that a reasonable length of time has elapsed, we would ask:
Does the Commission believe that Trasagua enjoys the status of ‘public law body’ in terms of the Directives on public markets, set up, funded and controlled, as it is, by the Spanish Government, and therefore is subject to Directive 92/50/EEC
(4)
on coordinating the adjudication of public service tenders?
Does the Commission believe that Trasagua should have published the tenders in question in the European Union’s Official Journal?
Does the Commission believe that Spain failed to comply with Community law in not publishing these tenders?
The state company ‘Infraestructuras del trasvase, Sociedad Anónima (Trasagua)’ was authorised by the Council of Ministers on 7 December 2001.
Literally, ‘technical assistance for drawing up the environmental study of the water transfers authorised by Article 13 of Law 10/2001 of 5 July (NHP)’.
See the newspaper La Verdad of 3.8.2002.
BOE 260, 30.10.2002.
OJ L 209, 24.7.1992, p. 1.

