Brussels probing security services tender

The European Commission is investigating the granting of a tender by the Malta Communication Authority last year to an Israeli company, Verint Systems, for the supply of a new interception system by Malta's security services.

The investigation is being carried following pressure mounted by Labour MEP Joseph Muscat and is concentrating on whether EU public procurement rules related to such "secret" tenders have been fully observed by the Maltese authorities.

Replying to a third parliamentary question over the same issue submitted by Mr Muscat, Internal Market Commissioner Charlie McCreevy said the Commission is seeking more information from the Maltese authorities in order to establish "whether there are grounds for the opening of an infringement procedure against Malta". Tenders similar to the one issued by MCA are excluded from the scope of the directive (2004/18/EC) setting public tender rules.

Article 14 excludes from the scope of the directive public contracts when "these are declared to be secret, when their performance must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in the member states concerned, or when the protection of the essential interest of the member states so requires".

Currently, the Commission is assuming that the contract in question was awarded following a secret procedure by way of exception to the general EU public procurement rules and that this was justified in the interest of public security.

Mr McCreevy however clarified that, at present, the Commission is not in a position to state whether all the rules have been followed by Malta. "In view of the very limited information available, the Commission is not in a position to determine whether the application of derogation in this case is justified," he said.