Commission gave no view to Budapest on necessity of nuclear tender - spokeswoman

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The European Commission has not made any statement whether Hungary should have or should have not invited a tender for the construction of two new blocks for the country’s only nuclear power plant in Paks, a spokesperson of the EC said on Wednesday. At the same time, she confirmed that Budapest had in fact notified the EU executive of the draft agreement with Russia on the peaceful use of nuclear energy, and the Commission informed the Hungarian government about the country’s obligations under the Euratom Treaty.
The Hungarian government had shown the draft agreement to the European Union's Energy Commissioner and Brussels had approved the plan to allow Rosatom to build the new blocks without a tender, Reuters cited Prime Minister Orbán’s chief of staff János Lázár as saying on Tuesday.“Contrary to some reports the Commission has not made any statement on whether the Hungarian authorities should or not scrap a tender for a nuclear project. The EC is aware there are public procurement aspects in the context of the implementation of the atomic energy co-operation agreement [between Hungary and Russia]," commented Sabine Berger, spokeswoman for EU Energy Commissioner Günther Oettinger, at the daily press briefing of the Commission on Wednesday.

“These aspects will be examined shortly by experts. At this stage we cannot yet provide an assessment on compatibility with EU rules. As always, the Commission grants great importance to the implementation of EU public procurement rules. In the EU it is in the interest of all parties concerned and the wider economy," she added.

The Commission cannot comment further until the details of the agreement and the project are known, added Commission spokesman Olivier Bailly.

Berger has confirmed that Hungary notified the Commission about the draft agreement with Russia on co-operation on the peaceful use of nuclear energy. The EC provided its views on the obligations of Hungary under the Euratom Treaty, she added. Berger noted this was normal procedure under Article 103 of the Euratom Treaty, which stipulates that EU Member States are obliged to communicate draft agreements or contracts with third parties and that the Commission needs to comment within one month.

Article 103 of the Euratom Treaty
Member States shall communicate to the Commission their draft agreements or conventions with a third country, international organisation or national of a third country, in so far as such agreements or conventions concern matters coming within the purview of this Treaty.

If a draft agreement or convention contains clauses impeding the implementation of this Treaty, the Commission shall, within one month of receipt of such communication, make known its observations to the State concerned.Such State may not conclude the intended agreement or convention until it has overcome the Commissions objection or complied with any ruling which the Court of Justice, adjudicating urgently upon a Request from such State, shall give concerning the compatibility of the proposed clauses with the provisions of this Treaty. Such Requests may be submitted to the Court of Justice at any time after the State has received the Commissions observations.



Sources speaking to BruxInfo on condition of anonymity said it basically depends on the financial terms of such deal whether a European government must invite a tender for projects of such volume or not under EU public procurement rules.
 

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