Updated: EU formally ends investigation into power station extension
The European Commission this afternoon formally announced the closure of its investigation into the extension of the Delimara power plant
"Today the European Commission closed an investigation into Malta's possible breach of EU public procurement rules for a contract that was awarded for the extension and maintenance of a power plant station in Delimara. The Commission's investigation did not concern the entire process for the award of the contract, but focused only on two public procurement issues," the EU said.
"First, a concern that a change in emissions legislation seemed to have favoured diesel powered plants over other available technologies (gas engines or gas turbines, for example).
"Second, that a lack of immediate individual notification of the award decision prejudiced the right of appeal of an unsuccessful bidder. The investigation is being closed because the Commission has not found evidence that Malta violated the specific EU public procurement rules they were under investigation for."
The Commission retains the right to reopen any investigation should additional facts become available.
The government had announced, on November 27, that the EU was to close its investigation.
The proceedings had been launched in June.
The closure means the Commission found no violation of EU procurement rules, a situation which would have seen Malta taken before the European Court of Justice.
The Labour Party said in a reaction this afternoon that the European Commission did not investigate, because it was not its duty to do so, the irregularities mentioned by the Labour Party and in the Auditor General's report.
The Commission made it clear that it only investigated two aspects which were related to European regulations. It did not investigate the process in the contract award. It said it would reopen investigations if new facts came up.
The party said it was not happy with the way things were done in the case of the extension. The contract was investigated by the Auditor General who found a number of irregularities. He did not find conclusive evidence of corruption because of a lack of collaboration by the people involved.
The Commission, the PL said, did not investigate the change of the law on emission levels which was made on the instigation of BWSC so that it could be eligible for, and eventually win. It also did not investigate the fact that the BWSC agent in Malta had boasted he had contracts in Enemalta and at the highest political levels in order to win the contract.
The PL said it eagerly awaited the opportunity to listen to the witnesses at the Public Accounts Committee.
In a reaction in November said the EU had not investigated the irregularities which the party had mentioned, or the irregularities mentioned in the report by the Auditor-General, because that was not its role.
The European Commission had not investigated how t
Neither had the EU investigated how the BWSC agent in Malta boasted that he had good contacts at Enemalta and political circles.
The Nationalist Party said the EU decision confirmed that the campaign waged by the Labour Party was just ‘smoke’. The EU decision, it said, followed closely on the declaration by the Auditor-General that had he found any corruption, he would have gone straight to the police.
Now that the EU had investigated the points raised by the PL and found no violation of the law, the PL was trying to minimise what the EU had decided, the PN said.
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Chris Balzan
Jan 27th 2011, 21:37
It seems as if many are happy about having a NEW Power Station working on Heavy Fuel Oil, thus acting as a detriment to our health!
Amazing!
Roderick Spiteri
Jan 27th 2011, 21:12
wliedna se jirtu power station ta 40 sena ilu fl-2010
K Lia
Jan 27th 2011, 20:34
Qeda taqa l-maskla Sur Muscat..... Iktar ma jaghddi zmien iktar qed jidher xi tmexxija Labour ghandu... Sewwa jghidu IL-GIDDIEB GHOMRU QASIR
Anthony Mizzi
Jan 28th 2011, 07:46
Maskla? Mela kemm irridu jaqghu MASKLI aktar minn fuq DR. Gonzi bil weghdi mhux mizmuma ta' qabel l-elezzjoni?
Mela hu pjacir Mr. Lia, int u generazzjonijiet tieghek futuri u bli ha tibilghu minn din l-estensjoni tal-Powerstation mbierka u approvata minn Dr. Lawrence Gonzi!
john borg
Jan 27th 2011, 19:14
This commission thing is really bizarre. The labour party is speaking about the commission and giving the impression it is corruption. Commissions are normal things in business, the bigger the project, the bigger the commission. If the Israeli company took the contract, someone else would have taken the same commission. is labour telling us that when in government it would start looking into commissions?
jesmond zammit
Jan 27th 2011, 19:01
possibli f dal pajjiz , lanqas ahna kapaci nirrikonoxxu li ghazilna l iktar sistema mahmuga u li taghmel hsara li tezisti?, irridu nibqghu nghidu li l ahjar ghazla kienet din ?. meta nafu li teknologiji ohra ezistenti huma ahjar , ezistenti , mhux nivvintaw ir rota . jekk qatt kien hemm bzonn prova ta kif jimxu gvernijiet nazzjonalisti fuq l ambjent , issa ghandna zgur.
m. borg (slm)
Jan 27th 2011, 18:42
Will a gonziPN apologist explain how the €4 million commissions will be shared. The gonziPN victory is like a man before court with 30 charges including murder but is excused of two minor charges that of not paying two parking fines. So according to the apologists the Delimara extention is 100% enviromentally clean, will not spout and produce toxic gases and the toxic waste is a useful by product. Get a life guys.
Mike Magri
Jan 27th 2011, 17:43
Emmmmm ... How does it go....!!!! Oh Yessssss....
Birds of a feather etc.. etc... etc........!!!!!
And
FLIMKIEN KOLLOX POSSIBLI........!!!!!!!
Amen.....!!!!!!!!!!!11
Anthony Mizzi
Jan 27th 2011, 17:23
Now that the EU had investigated the points raised by the PL and found no violation of the law, the PL was trying to minimise what the EU had decided, the PN said. ----------------------------------------- Future generations will look back on these decisions taken today and History will give merit to this decision taken and who opposed it in the name of the health and well being of future generations,..not only of the Families who opposed this decision but also of those who where in favour with all their HEART! Well the €4 million Commission was certainly not minimised , infact it was hardly ever mentioned and the people are curious and want to know how the hazardous/ toxic waste is going to be disposed of, how and where and at what cost?
Frans Zammit
Jan 27th 2011, 17:06
It proofs that it’s true that the amendment in emissions’ legislation preferred heavy-fuel powered plants over other available fuels enginees! And who had and will pay for all that? Absolutely not those who got a €600 wage rise! We all paid financially for it and we will carry its burden even more on our health! What a pitiful state. Shame shame shame!
D.Camilleri
Jan 27th 2011, 16:32
This is an environmental issue; the EC was only commissioned to investigate on issues regarding EU public procurement law. The fact remains that this administration invested in an outdated mechanism, which pollutes heavily and is UNSUSTAINABLE.......YES........YET ANOTHER BROKEN PN PROMISE.........................fejn hu l-izvillupp sostenibli dr. gonzi???
A Balzan
Jan 27th 2011, 15:54
Il-fatt hu li ntghazlet l-iktar teknologija li tniggez. Dik tinteressani jiena u mhux xi tghid il-Kummissjoni ghax in nifs hazin ibni se jibilghu mhux Barosso...
D. Micallef
Jan 27th 2011, 15:52
Din mhijiex issue politika biss. Hija issue li tirrigwardja is-SAHHA tal-generazzjonijiet li gejjin. Diga ghandna problemi kbar f'dal-qasam.
Missu jisthi min hu responsabbli!
Christian Sciberras
Jan 27th 2011, 15:11
To the commenters below:
The article clearly stated that the Commission did not check any and all issues, but focused on some particular ones. This does not mean the process was at all legit.
It would be highly hypocritical of you (or proves that you really don't get out much) if you don't admit (at least to yourselves) that the business procedure in Malta works on relations, not true evaluation. There's ample evidence in this case as well, even the EC admits so.
No one "won" or "lost", except for the Maltese populace (lost) which will have to make do with another failed, half-baked, problematic and ancient apparatus and method.
M. Borg
Jan 27th 2011, 15:10
@all PN apologists
'The Commission made it clear that it only investigated two aspects which were related to European regulations. It did not investigate the process in the contract award'.
Please read the article carefully before celebrating some sort of victory over the PL!!! These PN apologists are back again here commenting after months of suffering, viewing most of the people arguing against water electricity prices, gas prices, bread and milk prices, MPs honoraria etc etc.!!! As soon as they read the article title they said: 'Now, it's our turn, let's point our fingers against Muscat and Co, so maybe we can get level terms.' U leee u leee!!!!!
a spiteri
Jan 27th 2011, 15:08
konferma ohra kemm huwa tajjeb il qawl malti hokkli dahri halli inhokklok tieghek
konferma ohra ta kemm hi serja l eu ma min jaqbel lila u il poplu ikompli jereq fid duhhan
min ghadu ma hax din il konferma jsaqsi ftit lil kaccaturi kemm hi serja l eu , l ewwel tikkonferma dak li qal il pn biex jintrebah ir referendum u wara taghmel li jaqbilla
kemm konna ahjar meta konna ghar
Pat Hobson
Jan 27th 2011, 15:01
@all PN apologists who waited with bated breath for the EU's result. Your worries are not over yet! The EU was only concerned with 2 issues that concerned its rules. Nothing about the bidding process and other irregularities. Those PN who are sing hallelujah may just as well think and ask why did Hon. Austin Gatt objected to the witnesses taking a stand at the PAC investigations? Why some of the witness did not cooperate with the General Auditor and had to say that there was a lot of smoke but no fire? Why was the Hon. Austin Gatt relieved from being a minister for EneMalta? Why now he's presenting over 150 witnesses to make sure of a great obstacle difficult to hurdle during the investigation process of the PAC? There are more questions to be asked, but I'll settle for some answers to the questions above now if you wish to answer them.
K Vella
Jan 27th 2011, 14:36
Sewwa ghidt Sur Muscat li SEWWA JIRBAH ZGUR........u IS-SEWWA REBAH
Robert Callus
Jan 27th 2011, 14:31
It's scary how for some reason this is some kind of celebration to prove the PN right and PL wrong. As if they really are 2 different parties. Football style politics of ole ole!
The EU has not gone into the entire process which still stinks a lot.
But who cares, as long as we win and the other party loses. We'll still wave our flags and cheer the side of th coin we adore so much ........ at the expense of not only our pockets but our lungs.
Albert Mamo
Jan 27th 2011, 14:25
Buzzieq ohra li nfaqghet f'wicc il-lejber wara li nfaqet ta' l-onorarja ukoll li qlai li ma kinex jaf!. Issa naraw fuq xix se jduru. X'jmiss issa Joe forsi ikollu x'iparla l-poplu?
james grech
Jan 27th 2011, 14:20
Il hmar taqlalu ghajnu jifrah. Ekk sirna. Mela issa ghandna inkunu kuntenti li din il power station ser tahdem bil heavy fuel oil u bit tunnellati ta skart tossiku li ser tiggenera. Ara l EU ma sabet xejn hazin, l awditur ukoll ma sab xejn hazin, il gvern kuntent, allura ahna ghandna ilkoll inkunu kuntenti u ferhana. What a load of horse dung!! Meta ser nikbru? Meta ser nitghallmu inpoggu is sahha taghna, tat tfal taghna u ta pajjizna, qabel il fhemiet politici taghna?
Maria Tanti
Jan 27th 2011, 14:29
Il-Power Station ta' Delimara se tkun hafna, hafna aktar nadifa minn tal-Marsa.
Li l-iskart huwa tossiku hija biss ripetizzjoni tal-Labour.
Trid izomm il-Power Station (2nd hand) tal-Marsa?
Victor Laiviera
Jan 27th 2011, 15:10
Allaħares ma tkunx aktar nadifa minn tal-Marsa, li ila skaduta għexieren ta' snin!
Il-punt hu li ser tkun ħafna aktar maħmuga u inkwinanti minn dak li seta' kellna kieku l-affarijiet saru sew.
L-iskart tossiku realtà.
K Spiteri
Jan 27th 2011, 14:17
Gonzi 10 points Joseph 0 points .....
Patrick Zahra
Jan 27th 2011, 17:39
Gonzi lost my vote..
Joseph won my vote! -2 for the PN
Rebecca Zahra
Jan 27th 2011, 14:14
Another of Joseph's allegations being proved false......
you simply cannot trust Labour.
Joseph Cauchi
Jan 27th 2011, 13:49
Is this another debacle of Joseph Muscat, after the Living Wage fantasy?
Mickey Mouse country!
JC.
Alf Galea
Jan 27th 2011, 13:39
Again a lot of smoke, but no fire found. After all the investigation only focused on just TWO issues.
As always the EU concentrates on the easy issues but the hard hitting or difficult to explain or hazy issues, are ehhhmmm too hot to handle, so the EU by-passes them completely.
Such as the environmental issues, why where these issues, which are so much at the heart of the EU policies, not even considered???
Roberta Spiteri
Jan 27th 2011, 13:34
Tinfaqa buzzieqa ohra ta Joseph Muscat
Ma tistax tigih wahda tajba
K Tonna
Jan 27th 2011, 13:30
The mask is falling Dr Muscat.....
The old story is repeating itself....CRY WOLF......now we heard about the Honoraria big white lie....and more to come....
Karl Abela
Jan 27th 2011, 13:26
Joseph Muscat and Evarist Bartolo should RESIGN immediately.
They should not be allowed to run the country after these unfair tactics.
N. Pace
Jan 27th 2011, 17:53
Fortunately they are not running the country though their resignation from the party would probably be of help to the opposition, perhaps they might pull their socks up and come up wtih something concrete rather than just Joseph Muscat saying "Inhobbkom kollha"
Wilfred Cardona
Jan 27th 2011, 13:18
Shame on you PL! One observation to Dr Muscat and his followers: read thoroughly the speeches and declarations delivered by German Chancellor Angela Merkel and EP President Jerzy Busek and you will start understanding something about how to govern a country, the smallest state in the EU. Kollox negattiv minn ta' gewwa u gudizzju pozittiv mill-barrani!!!
N.Calleja
Jan 27th 2011, 13:06
The PL,especially Joseph Muscat, Evarist Bartolo and all those who ruined their throats accusing the Nationalist government of corruption on the Delimara powerstation should hang down their heads in shame today and resign forthwith.
David Caruana
Jan 27th 2011, 13:22
"The Commission's investigation did not concern the entire process for the award of the contract, but focused only on two public procurement issues," the EU said."
Joe Cassar
Jan 27th 2011, 13:37
Not at all - there is nothing in this decision that goes against what they alleged. This story has a loing way to go yet
N.Calleja
Jan 27th 2011, 16:24
As predicted, all Labour bloggers are practically ignoring the EU 's decision and now are deviating the issue to save their party's face. As the Nationalists always said: IS SEWWA JIRBAH ZGUR!!!
M. Mamo
Jan 27th 2011, 12:55
Really - the accusations are not true once again? MLP any chance we start another accusation to catch more votes? (and waste more time, money and all types of resources?
Joe Cassar
Jan 27th 2011, 13:39
You scratch my back and I'll scratch yours - this is a quid-pro-quo for the Maltese Government's refusal to condemn the expulsion of the Roma by France.