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EC Sends Reasoned Opinion to Slovakia Over Road-Toll System Tender
Thursday 30 September 2010 Zoom in | Print page
Brussels, September 30 (TASR) - The European Commission on Tuesday sent a reasoned opinion – the second stage of the infringement procedure - to Slovakia for breaching the rules of the European legislative by discrimination of candidates and failure to announce a Europe-wide tender for the electronic road-toll system operator.
"The Commission is concerned that Slovakia has breached EU public procurement rules by discriminating against some candidates and thus not opening up a tender procedure for electronic toll collection to EU-wide competition. Public procurement rules are designed to ensure fair competition for public contracts in Europe, thereby creating opportunities for European companies while ensuring the best value for public money. If these rules are not properly implemented, there is a risk of a closed market and a waste of public money," reads Commission's statement.
In the tender announced in 2007, after bids had been placed, the National Highway Company (NDS) excluded three bidders for failing to meet the technical requirements of the (road-toll) service, estimated to be worth around €664 million. After the contract had been signed with the winner of the tender (consortium SanToll-Ibertax) on January 13, 2009, several of the tender conditions were changed. "If these modifications had been made and communicated at the beginning of the procedure, participating bidders might have submitted a different tender and more candidates might have participated in the bidding procedure," states the EC.
"By excluding certain candidates for unjustified reasons and by substantially modifying the contract after its had been signed, the European Commission finds that the National Motorway Company has violated the principle laid down in the EU's statutes on non-discrimination. This has prevented proper competition and may have represented a waste of taxpayers' money," reads the statement.
Slovakia will have two months to reverse out of a court date with the European Commission. Slovak authorities will have two months to send back an official response to the Commission's reservations. "After that we will look at Slovakia's response and we will have to make another decision whether we will submit the case to the European Court of Justice, or if that won't be necessary," explained Commissioner for Internal Market Michel Barnier in Bratislava on Tuesday.
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