Complaint from the “Instead of the Bridge” committee to the EU Commission: infringement procedure requested

Mit the bureaucratic process for the bridge over the Strait

(Finance) – The Messina citizen committee “Instead of the bridge” presented to the Directorate General of the Internal Market, Industry, Entrepreneurship and SMEs of the European Commission a request “to evaluate the opening of a infringement procedure by the European Union to Italy on the contract for the design and construction of a bridge over the Strait of Messina“.

“The complaint reports that i measures adopted in 2023 by the Italian government and parliament to reactivate the contracts could violate Directive 2014/24/EU which requires a new tender to be called if the value of the contract increases beyond 50% of the initial value – reads the note from the Messina committee opposed to the construction of the Bridge over the Strait –. Noting that the project does not provide the necessary estimates or the economic and financial plan, it is highlighted that the cost-benefit analysis update document only reports a total investment cost of 13.5 billion eurosof which 10.855 billion for ‘Assignment to the General Contractor'”.

The committee argues that based on the economic and financial plan of the work signed on 21 September 2009, the original value of the contract was 3,879,600,000 euros, and the contractually foreseen price update brought it to 4,544,906,000 euros. The increase occurred in March 2009 had brought the total consideration to 4,969,530,000 euros. The cost increase resulting from the definitive project is therefore between 179.8% and 118.4% of any previous value.

“These amounts greatly exceed (well over double) the increase limit set by art. 72 of Directive 2014/24/EU (implemented by Legislative Decree 50/2016 and subsequent amendments) according to which “any price increase must not exceed 50% of the value of the initial contract”. The Commission offices – underlined the committee – will now examine the complaint according to the European Union law“.

The CEO of the Strait of Messina, Peter Pacifiers, commented on the request by “reassuring” that Italy does not risk any European infringement procedure for the construction of the bridge over the Strait of Messina. “Compliance with article 72 of the EU procurement directive concerning the limit of 50% of cost growth – declared Ciucci – is expressly recalled by decree-law 35 ‘Urgent provisions for the creation of the stable connection between Sicily and Calabria’ which reactivated the project”.

“As will appear in the update of Financial Economic Plan, in progress, the provisions will be respected. In any case, the growth in the value of the investment does not refer to more works but to the sharp increase in the cost of construction materials recorded in recent years”, he added.

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