The state was not obliged to announce a public tender in order to select a strategic partner for the state-owned Slovak Nuclear Decommissioning Company (JAVYS), as part of a joint venture for the construction of a new nuclear power plant in Jaslovské Bohunice according to a preliminary analysis of the law provided to the SITA newswire by the ROWAN LEGAL law firm.
ROWAN LEGAL's Tomas Nielsen explained that as the agreement in question does not concern supply of goods, services, or construction works, the law on public procurement does not apply in this instance. According to the law office, the agreement between JAVYS and the Czech firm ČEZ defines a specific and standard contractual relation for a joint venture.
“The agreement, itself, basically only lays out the rights and obligations concerning the establishment, management and operation of a newly established company. Terms of implementation of the project itself will be determined by the new joint venture,” Nielsen said.
According to Nielsen, it is not unusual to keep some parts of an agreement secret. The law enables maintaining the confidentiality of certain unpublished information related to contractual relations between the state or a state-owned company and a private partner. He said that information that is subject to a business secret may not be published, wrote SITA. SITA
Compiled by Zuzana Vilikovská from press reports
The Slovak Spectator cannot vouch for the accuracy of the information presented in its Flash News postings.
2. Jun 2009 at 10:00