Publishing of contract is certainly necessary but not sufficient precondition for questioning benefits

Regardless of unnecessary “show”, six months announcements and delays, Transparency – Serbia (official chapter of Transparency International) welcomes publishing of contract that representatives of Serbia closed with Etihad (http://goo.gl/2E6fSd) and Ravafed (http://goo.gl/cocAyl) as a result of public pressure. Thus, unfortunately, current Government somewhat repeated mistakes of its predecessors, which only after several months after requests submitted and decisions of authorized organs, publish data on concession to high-way „Horgoš-Požega“ and parts of „Fijat“ agreement. Therefore even more important result would be to establish principle that all documents that serve as taking of commitments on the behalf of citizens or disposing with public property, are made public.

In what level, whole “show” was unnecessary, show provisions on confidentiality and contracts published on Thursday (chapter 15 of the contract with „Etihadom“ and chapter 32 of contract with „Ravafed“). Where stated that obligation of confidentiality is not being implemented if "the revealing of information is obligatory by applicable law", or that confidentiality is kept unless if "the law says differently or in compliance with any other court order or decision of other authorised organ or tribunal". Those are: Law on Free Access to information of Public Importance and Commissioners decision. We remind that TS asked from „Air Serbia“ company, copies of documents, for which Commissioner annulled decision on refusing of our request on 19. 2. 2014, but that „Air Serbia“ even six months after expiration of legal deadline hasn’t delivered contracts or adopted new decision.

Finally, we remind that transparency of contracts signed by state organs is not the purpose by itself, but necessary precondition for any discussion, it is just a beginning, and not the end of story on whether Government takes good care of entrusted property and public interest. Specific contracts with companies „Etihad“ and „Ravafed“ are closed in non bidding procedure, without implementation of Law on Private-public partnership standards. Due to that, unfortunately, it was not possible for the market to show whether these arrangements were the best possible solution, nor it can ever be determined with certainty. Their usefulness can in certain level be estimated only if the Government of Serbia publishes data on considering of alternative solutions that were available, in other words, all those analysis that are by law made by proposers of creating joint enterprise when they consider public-private partnership, even when it comes to far less important questions (e.g. public transportation companies or disposing waste companies in municipalities).

Transparency – Serbia

Belgrade, 15. 8. 2014.