Public-private partnership for waste incinerators
More resultsIntroduction
The Albanian government awarded contracts to build three waste-to-energy incinerators through public-private partnership investment schemes in the municipalities of Elbasan (2014), Fier (2016) and Tirana (2017). The total value of the three incinerators amounts to approximately €178 million.
- Country
- Albania
- Sector
- Public contracting, Environment and land
- Offence
- Abuse of power
- Phase
- Indictment filed
Description of the case
The Albanian government awarded contracts to build three waste-to-energy incinerators through public-private partnership investment schemes in the municipalities of Elbasan (2014), Fier (2016) and Tirana (2017). The total value of the three incinerators amounts to approximately €178 million.
In all three cases, the companies awarded the contracts by the government were the sole bidders, and the winner for Elbasan submitted unsolicited proposals and attained a contract without a tender process. Key individuals in each company are closely linked to each other through business partnerships.
Furthermore, the opposition Democratic Party accused the government of clientelism, alleging that Arben Ahmetaj, who is a former minister for finance and economy and a high-profile member of the Socialist Party, is involved in the deals through Klodian Zoto. Zoto is a key entrepreneur pulling the strings of the companies that were declared winners of the bids for the three incinerators.
Particularly concerning are the waste management issues that have plagued Fier, which is the second largest city in Albania. The landfill used for waste deposits, which is located on the outskirts of the city, has exceeded its capacity. In response, the municipality of Fier declared an ecological emergency in 2015.
In July 2016, the Ministry of the Environment announced a call for tenders to build the incinerator in the county of Fier. The concession was based on a build-operate-transfer (BOT) contract valid for six years at a cost of approximately €27.3 million. The electric production capacity of the incinerator was expected to reach 3.8 MW per day.
The sole bidder, which was a joint venture formed by Integrated Technology Services sh.p.k. and Energy 2 S.r.l., was declared winner of the tender in September 2016 and work was set to start in 2019. Notably, however, the company lacked an environmental permit.
Despite Fier’s critical ecological situation, the citizens in the area affected by the construction of the waste incinerator have strongly opposed the government’s initiative and so have many non-governmental organisations.
Also, despite requests from Albanian civil society organisations, the incinerator contracts have not been made publicly available as per legal requirement.
Furthermore, it is not clear whether any of the managing the three incinerators have a contract for electrical power production and distribution with the Albanian electricity power distributor. The issue of the waste-to-energy incinerators was raised in the EU progress report on Albania for 2019. The report considered the development of the incinerators in contradiction with the EU Waste Directive, which promotes recycling plants instead of incinerators.
Applicable corruption offence
Abuse of power; Active corruption of officials; Passive corruption of officials
Other laws breached
Decision of the Council of Ministers no. 175, dated 19 January 2011
Suspect’s institutional affiliation
Ahmetaj, who is a former minister for finance and economy and a high-profile member of the Socialist Party, is claimed to be involved in the deals through Klodian Zoto. Zoto is a key entrepreneur pulling the strings of the companies declared winners of the bids to operate the three incinerators.
Date of offending
2014-2017
Sector affected
Public contracting; Environment & Land
Related developments
Following strong opposition from citizens in the affected area, the municipal council of of Fier changed the location of the incinerator from the village of Mbrostar to the village of Vërri, where it also faced strong opposition from citizens.
Prime Minister Edi Rama indirectly discredited the criticism levelled against the construction of the incinerators as “noise from the political and media swamp”, when he promoted the development of the waste incinerators in a Facebook post in May 2018.
Court
An environmental civil society organisation sued the company over the construction of the waste incinerator in Fier. The lawsuit was mainly based on the company’s lack of an environmental permit. However, the Administrative Court of Tirana dismissed the lawsuit in June 2019.
Related domestic or foreign cases
In June 2019, the municipal council of Harare, Zimbabwe, annulled a memorandum for the construction of a waste incinerator with Integrated Energy BV, the parent company of Integrated Technology Services. The main reason given for the decision was the company’s profile and activity in Albania.
Current phase of the case in criminal procedure
No criminal procedures
Procedural history
The Supreme State Audit Institution has conducted three audits directly or indirectly involving the waste incinerator in Fier. The first was an audit of the performance of Fier municipality’s waste management, published in June 2013. The audit urgently recommended that Fier address its waste management issues. One of the primary suggested approaches was waste incineration.
In December 2018, the institution published its second performance audit on waste management. The audit found a series of irregularities concerning the implementation of the incinerator project. However, it only made administrative recommendations and did not initiate any legal action.
The third audit raised concerns over undeclared payments for the waste incinerators in Fier and Tirana in the context of preparing the state budget for 2018.
Obstacles
The Prosecution has not intervened ex officio in what has been made public regarding the matter, suggesting issues of political influence on the prosecution’s work.
Resolution of the case
No charges
Applicable minimum and maximum penalty
None
Charges pressed by the prosecutor in the actual case
None
Sanctions imposed
None
Sanctions enforced
None
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