Source: Blic
Not even two weeks after announcement concerning disclosure of the Concession Contract for Horgos-Pozega highway to public, this has not been done. Namely, as Government quoted, publicity of the one of biggest investments in the country is presently unavailable due to Article 24, stating that the Contract may not be published. That provision provides the space for Concessionaires to sue the Government if the Contract is published. The Government has postponed its presentation to the public for the time being, and the vice president Bozidar Djelic is in charge of contacting the Concessionaires and trying to obtain guarantees that the Government won't have any problems in case the Contract is published. The Government is now waiting for Concessionaires' response to the letter addressed by Mr. Djelic. However, Public Information Commissioner Rodoljub Sabic points out that „the same Article allows for option to derogate from confidentiality if required by regulations, and if provided for in our Law “. While waiting for Concessionaires' reply - Spanish „FCC Construcion“ and Austrian „Alpine Mayreden Bau“, at the third request in row by the Serbian Government, it is arguable, however, how the Government, being the one of contract parties, signed the contract containing provision on confidentiality, and such matter is of public importance?- The commercial contracts with foreign companies may not disavow legal provisions in our country causing that application of our laws to depend upon good will of foreign partners. The Government's task is to protect our interests, and not interests of foreign companies“, said Sabic. Velimir Ilic, Minister of Infrastructure, repeated at several occasions that he „does not mind even if the whole contract was published“ and that his Ministry prepared the document to be presented. However, the problem appeared because the Concessionaires could, if the contract is published, resort to some measures, one of which is material compensation. Therefore, as quoted, the Ministry of Infrastructure has sent them two communications to make statements. As stated in the Government, both replies from Concessionaire it was mentioned that if the Government intends to publish the Contract, they cannot prevent that. But the Government has not acquired Concessionaire' guarantees that measures won't be taken, and on the other hand, no one may guarantee that the Concessionaires will experience adverse consequences. Now, the third reply to Mr. Djelic's letter is being awaited.
- It is indisputable that the Contract should be published, and this is not about any prolongation. The Government may publish the Contract, but it will also risk the charge to be filed by Concessionaire. Therefore, the document has not been published immediately, since it has to be secured that there will be no adverse effects for the Government. At the last session, vice president Mr. Djelic was assigned to contact the Concessionaires. He wrote the letter and we are waiting for their answer - said the chief of government's media office, Milivoje Mihajlovic. Minister Velimir Ilic said that it was not up to him to decide about publishing, but up to the Government. However, since the provocations were still addressed to him, he asked why previously signed contracts concerning „US Steel“ and sales of Tobacco Industry in Nis or Vranje, weren't available. Rodoljub Sabic reminds that Serbia has constitutional and legal guarantees regarding free access to information, “and that implies the right of public to be aware of all information related to the work of authorities, and reasonably, first and foremost the largest ones such as this Concession“. He added that, however, it is twice as much interesting that secrecy of literally all information was agreed - technical, commercial and financial.
- First, such extent of confidentiality is unnecessary; and second, this is in apparent contradiction with constitutional and legal provisions. Therefore, hypothetically, in this and any other legal operation of the similar kind, there could be information which deserve to be characterized as confidential, and these are the ones brought in by foreigner (who is crediting him, his financial construction...), but this may not extend to all information. Especially not to information related to the quality of legal acting - Sabic pointed out. Also, local law provides for possibility to restrict public access to certain information, which may not have such confidentiality, but not automatically.
- According to our Law, the fact that if an information got confidential status does not mean that it is automatically unavailable to public. The Law also requires special and additional prerequisite - disclosure of such information would cause severe legal or other detriment. But, it seems to me quite impossible that disclosing any information from the contract may cause such damage - said Sabic. The ruling parties still make promises to publish the Contract.
- There will be no problem regarding this Contract. It will be published, if not today, then tomorrow, day after tomorrow - said PR officer of DSS (Democratic Party of Serbia) Branislav Ristivojevic.
