Source: Blic
The public still does not have insight into provisions from the Contract on Horgos-Pozega highway. The Ministry of Capital Investments has initiated procedure for revoking Information Commissioner's Decision to make public parts of the Contract.Serbian citizens are still unaware of the Contract's contents concerning construction of Horgos-Pozega highway, which is worth 1.5 billion Euros. The fact that the Ministry of Capital Investments even went as far as to initiate procedure for revoking Information Commissioner's Decision to make the parts of the Contract public, testifies about the fact that there is no political will in the Serbian Government to publish the document. Such action of the Ministry is entirely in contradiction with the Serbian Government's position that the Contract should be published, and also that the Concessionaires should be consulted with regard to the nature of provisions that could be published. After the Concessionaires from the Consortium "FCC Construccion S. A. - Alpine Mayreder Bau GmbH" replied and called on to contract's provision governing the secrecy of information, the Ministry acted as if it still wanted to keep the public unaware about contract details, which would lead Serbia into Europe, at least in terms of roads being the part of corridor 10.
Sabic pointed out that he agrees with the vice president of the Government, Mr. Bozidar Djelic about "FCC Construccion" disappointing attitude and their insisting on point 24.2 of the Contract. He said that such provision is clearly in contradiction with our Law and Constitution, and that it should not have been added in the contract. But since it was, the Government of Serbia is in awkward situation, in between legitimate requests of our public and this provision. Their appeal to FCC could provide pragmatic solution to the problem. Unfortunately, they faced improper response. This is why Sabic had an impression that "someone from Belgrade informs them on legal and factual circumstances, although not in the best way, and that they do not have a true perception of importance and scope of the contract provision to which they refer to".
- It is possible that there are things causing dilemma in FCC concerning determination of the Government to provide public with information from the Contract. Since information given to us by someone, and which is correct, tells us that the Ministry of Capital Investments instigated procedure before the Supreme Court to revoke the Information Commissioner's Decision, which is again entirely contradictory with the Government's request to publish the Contract, I would say that someone incorrectly presented the odds for outcome of this proceedings in the Supreme Court, too. Namely, in all 16 cases resolved so far, where authorities filed a lawsuit against Information Commissioner's Decision, the charges were rejected - said Sabic.
The Commissioner confirmed that the Government's foreign partners in any prospective proceedings may call on to our "unconscientiousness", i.e. the fact that our representatives who agreed to the Contract, had to be aware of non-conformity with provisions of the public order.
- I would add that provision on utter and absolute unavailability of the Contract to our public is obviously in contradiction with not only our Laws, but also with good manners and practice worldwide, hence we may not exclude the possibility to open the issue of "unconscientiousness" for them as well. In addition, it is as if no one from our side warned that, inasmuch rigid, the point 24.2 leaves the room to derogate not with their approval only, but also when required by regulations. And it is fairly indisputable that our regulations require so - concludes Sabic.
The majority of issues about the Contract is familiar. We know that the Contract was signed on March 30th this year, by the Minister Velimir Ilic. According to tender requirements, in three years, the Concessionaire shall be liable to build left lane of the highway from Horgos to Novi Sad, 107 kilometers long, then to maintain the constructed part of the highway in corridor 10, from Novi Sad to Belgrade, 68 kilometers long, and to construct complete section from Belgrade to Pozega, 148 kilometers long, which is the part of corridor's south extension, i.e. highway to Adriatic Sea. The Spanish - Austrian Consortium shall be compensated for carried out works in question with the right to collect road tolls on constructed roads in following 25 years. The venture was estimated to be 1.5 billion Euros worth.
What remains unfamiliar? It is not known, for instance, whether the Concessionaire will have the right to finance construction of the highway from Belgrade to Pozega from the road tolls paid on the road Horgos-Belgrade, and what are the deadlines for completion of that road section. Ilic claims that such thing is not possible, although he claimed during conclusion of the Contract that the Contract does not financially encumber the Serbian Government and that it will be financed from revenues effected on the road in question. Ilic mentioned that, as one of the more relevant amendments in the contract, at banks' requests, some parts of the contract were "adjusted in the manner that banks provide guarantees by lots (by parts), and that no guarantees shall be provided for the whole road at once". Five months ago, Ilic said that the works on sections from Horgos to Novi Sad and from Belgrade to Pozega were to start immediately and simultaneously, but he did not mention deadlines for the works on these two sections.
At the end, the Government has two more questions to answer: Who is the initiator of disputed Article in the Concession Contract and why is this Article put in the Contract, and Why did the Government approve that?
