Source: Blic
Concession contract for Horgos-Pozega highway
Government experts authors of contract and secrecy clause
Serbian Government, not concessionaires, put the secrecy clause on building the Horgos-Pozega highway in the contract. Nevertheless this should not prevent it from publishing the larger part of the contract with the exception of pay toll system or the finance mode of the project for building section of the corridor 10.Ministry of Infrastructure confirmed to us that they asked from the Supreme Court of Serbia abolishing of the decision of the Public Information Commissioner on publishing the contract, explaining that the Commissioner did not pay attention to the Articles of the Law on Public Procurement that speak on data and documentation protection. According to this, the contractor, the Government of Serbia in this case, can refuse to publish information that violates confidentiality of data in the tender.
Public interest
However, Law on Access to Information foresees that the information shall not be published only when the law itself foresees it, and not some other laws.
Therefore, the importance of every business, official and state secret is being estimated in relation to the interest of the public to know about it. Therefore Commissioner Rodoljub Sabic claims that the contract will have to be published.
I can imagine that one or two clauses should remain confidential, but not the whole contract, especially when foreign partners' consent is needed to publish the whole contract - says Sabic.
The Ministry claimed that the government had intention to publish only some details of the contract but gave up this idea because, allegedly, DPM Bozidar Djelic asked for the publishing of the whole contract. After that concessionaires invoked the famous data secrecy clause.
- Minister Ilic did sign the contract but the contractor is the Government of Serbia, so it is not the Minister's responsibility for the contract written by the team of experts from the Ministry of Finance and International Economic Relations, which is in line with the Public Procurement Law and the Concessions Law and foresees protection of data confidentiality - Ministry of Infrastructure claimed.
- The contract got the green light from the Ministry of Finance, Public Legal Office and the Ministry for International Economic Relations. Do you think they would put in the contract something that is contrary to the law?!- asked our interlocutor.
Still a secret
The Ilic Cabinet sent the word that “the orchestrated campaign” is being led by the political and economic lobby with the aim to dispute the concession contract.
That should result in consequences where the majority of consulting firms we cooperate with would cut their relations with us, the concessionaire's mode of operation would be revealed thus inflicting damage to him, and he could begin legal action (against us). There is no public interest, only the interest of that lobby to publish the Contract. From the other hand, the International Monetary Fund objected only once because we didn't take the loan from them but enter into concession agreement with a private company. They didn't react after this - is Ilic's associates thesis.
However, deadlines to finish sections of the road still remain a secret. Someone will have to explain how it is possible for Voivodina government, which took the loan in order to repair Horgos - Novi Sad section of the road, has no share in collecting payments but debts only, while the concessionaire only will have the right in collecting payments.
Entrefilet: The government does not like the public to meddle in its work
Public Information Commissioner has by the force of decision ordered the publishing of the disputable contract. The Ministry of Infrastructure counteracted with the latest attempt to dispute this decision at the Supreme Court of Serbia as the latest instance.
The Supreme Court of Serbia has so far rejected such requests, so this act may be seen as buying of time. The final instance that decides on publishing of information is the Government of Serbia. Yet the law and the Commissioner's request so far had no influence on the Government of Serbia to act according to the Commissioner's decision and order the institutions under its jurisdiction to submit requested information. And so was the public, besides the Concession Contract, deprived of information on how many people has the Security-Information Agency (BIA) tapped in 2005, under what conditions were the second-hand trains from Sweden imported, etc…
Nikola M Jovanovic
