Scandalous Vlora airport contract, Albanians will give the concessionaire money for 10 years if it loses

The issue of construction and operation of Vlora Airport has caused a great debate in recent days after the decision of the Albanian government to compensate with 10 years the winning consortium of companies "Mabco Constructions Sa", "Yda Insaat Sanayi Ve Ticaret Anonim Sirketi" and " 2A Group sh.pk ”in case the party that has won the concession in question provides less minimum gross income for each year from the services provided by the airport. This decision was published on Friday, June 16 in the Official Gazette and it is specified that based on law no. 9374 approved on April 21, 2005 by the government of Fatos Nano and the decision of June 2, 2021 to approve the Airport concession contract Vlora International, the government provides state economic assistance to the above companies. Once the construction of the airport is completed in 2024, the government has foreseen that in the period January 2025-January 2035 to provide coverage of economic losses of services at Vlora International Airport in case the companies do not manage to exceed the planned annual revenue figure. This is defined in decision no.106 of the date of the meeting of the Council of Ministers on May 24 of this year. “The Ministry of Infrastructure and Energy, with letter no. 1851, dated 23.2.2022, based on article 20, of law no. 9374, dated 21.4.2005, 'On state aid', as amended, notified to the State Aid Commission the above-mentioned state aid plan, based on the decision of the Council of Ministers no. 325, dated 2.6.2021, 'On the approval of the concession / public-private partnership contract, on the concession / PPP contract for the design, construction, operation, maintenance and transfer of Vlora International Airport (VIA) '. The aid plan will be implemented in the first 10 years (period January 2025 – January 2035) ", it is said in the decision signed by the Minister of Economy and Finance, at the same time the chairwoman of the State Aid Commission, Delina Ibrahimaj. The Minister of Infrastructure and Energy, Belinda Balluku, is responsible for providing this assistance to the consortium (VIA). "The aid provider and the authority responsible for implementing the measure is the minister responsible for transport," said the government decision of May 24, published on the Official Website 23 days later, on June 16. it is stated in the decision signed by the Minister of Economy and Finance, at the same time the chairwoman of the State Aid Commission, Delina Ibrahimaj. The Minister of Infrastructure and Energy, Belinda Balluku, is responsible for providing this assistance to the consortium (VIA). "The aid provider and the authority responsible for implementing the measure is the minister responsible for transport," said the government decision of May 24, published on the Official Website 23 days later, on June 16. it is stated in the decision signed by the Minister of Economy and Finance, at the same time the chairwoman of the State Aid Commission, Delina Ibrahimaj. The Minister of Infrastructure and Energy, Belinda Balluku, is responsible for providing this assistance to the consortium (VIA). "The aid provider and the authority responsible for implementing the measure is the minister responsible for transport," said the government decision of May 24, published on the Official Website 23 days later, on June 16.
The decision does not specify the state aid figure
Subsequently, on pages 11740-11741 of the Official Gazette, it is specified that the Contracting Authority will provide to the concessionaire "Mabco Constructions Sa", "Yda Insaat Sanayi Ve Ticaret Anonim Sirketi" and "2A Group sh.pk" coverage of possible losses. of airport services at Vlora International Airport, if the gross annual revenue will be below the projected minimum annual revenue. Based on point 11 (11.3, letter 'b') of the contract 'Obligations of the Contracting Authority' it is foreseen that in a period of 10 years, starting from the date of operation ('Warranty Period'), the Contracting Authority will guarantee The Concessionaire as follows: 'In case the gross annual income is less than the minimum income, The Contracting Authority will pay to the Concessionaire the difference between the gross annual income calculated by the appraiser according to Article 11.3 and the minimum income ('Income Guarantee') '', specified in the government decision. However, the government and in particular Minister Ibrahimaj do not set the average rate of state economic aid for the aforementioned concession companies, as it uses the argument that this will depend on the economic turnover that will be produced by the commissioning of Vlora International Airport. It is also specified that the government will activate state revenue sources to help the consortium that is building and administering Vlora Airport for this scenario. Ie. State sources include (taxes, excises, export revenues, etc.) “According to the announcement, the financial effects on the state budget cannot be measurable, because they will depend on the income that the Concessionaire will have. So, depending on the progress of the economic activity of the subject, the assistance plan can activate state resources ", is specified in this decision for Vlora Airport.
Where does the scandal lie?
In a flagrant and open way, the government supports the option that and whether the companies "Mabco Constructions Sa", "Yda Insaat Sanayi Ve Ticaret Anonim Sirketi" and "2A Group sh.pk", which have become guarantors for the construction, maintenance and administration of the Airport Vlora International, do not fulfill their promises to provide the planned worship, so they may fail in this regard, again the state will be their economic supplier. In this case, the Albanian government and state appear as a charity for this consortium. In principle, if the private companies that have received the contract to finance a public service do not fulfill their obligations and promises, then the state has the right to close the contract and seek compensation from the party in question. But, the abuse in this case is done with the signature and seal of the socialist government itself, as not only does it not legitimize the bankruptcy prevention mechanism, but on the contrary it finances companies even when they come out with losses. Such phenomena have resulted in the world as pure corruption scandals, where in many cases, companies and businesses that have won tenders have continued to be financed by the state even then they have violated, abused the law contract and economic principles. What is more surprising is that the opposition has not reacted and it is not known whether it will request the establishment of a parliamentary inquiry commission or send this decision to the Administrative or Constitutional Court. companies and businesses that have won tenders have continued to be funded by the state even then they have violated, abused the contract law and economic principles. What is more surprising is that the opposition has not reacted and it is not known whether it will request the establishment of a parliamentary inquiry commission or send this decision to the Administrative or Constitutional Court. companies and businesses that have won tenders have continued to be funded by the state even then they have violated, abused the contract law and economic principles. What is more surprising is that the opposition has not reacted and it is not known whether it will request the establishment of a parliamentary inquiry commission or send this decision to the Administrative or Constitutional Court.