Incinerators Issue, Kryemadhi Makes Public Materials Sent to SPAK
Former Chairwoman of the Socialist Movement for Integration (SMI) made public on Wednesday, in a statement to the media, a video, the materials of which she announced to have sent to the Special Prosecution against Organized Crime and Corruption (SPAK) and all international offices in Albania.
In the material made public by Kryemadhi, it is shown how the Municipality of Tirana was aware "from the beginning" of an unsolicited offer for the capital's incinerator and then the Mayor Erion Veliaj appointed two members of the commission for the concession, Taulant Tushe and Namik Simixhiu.
"Although in these hot months it can be difficult to work, I continue and insist firmly to take the issue of incinerators to the end.
Today, I am informing you about the material about which I have notified SPAK, and I have also distributed it to the international offices. Why Erion Veliaj must be taken as a defendant for Tirana incinerator", said Kryemadhi.
Among other things, Kryemadhi said that the Municipality of Tirana "was aware that in 2016, for the request for the Tirana Incinerator, there were two representatives in the commission for granting the concession".
Material made public by Kryemadhi:
From the verification of the documentation of the Tirana Incinerator file, it appears that:
1. On 23.06.2016, with letter no. 16/044 The company "Integrated Energy BV", whose shares are owned by the companies "Energy Recuperator SPA", "Paul Worth Italia" and "Integrated Technology Services", have filed with the Ministry of the Environment a "Letter of Interest", by means of to which he has submitted an unsolicited proposal for the construction of new landfills, the closure of existing ones, the establishment of the recycling system, the improvement of the infrastructure to keep the construction situation under control, for the Tirana District. Letter No. 16/044 has also been addressed to the Municipality of Tirana.
A fact which means that the Municipality of Tirana since June 2016, in other words "early on" has been made aware of an unsolicited proposal for the construction of the Tirana District Incinerator.
2. With letter no. 25796/1 prot, date 01.09.2016 Tirana Municipality, in response to the request of the Ministry of Environment for the review of the unsolicited proposal, has appointed two of its representatives as members of the Concession Granting Commission, namely Mr. Taulant Tushe, Director General of Tirana Municipality and Namik Smixhiu. This Commission is responsible for the entire progress of the concession procedure, until the signing of the contract.
So the Municipality of Tirana is not only aware of the process that has started, but is already part of the process by being represented in the Concession Commission with two municipal directors.
The Ministry of Environment requests the approval of the financing from the Ministry of Finance, Finance requests the approval of the municipalities of the District, the approval is given only by Erion Veliaj
With letter no. 5474/20 dated 27.12.2016 The Ministry of Environment has asked the Ministry of Finance for preliminary approval for the financing of the project and, referring to the feasibility study for the waste management of the Tirana District, has presented the payment plan needed to finance this project from where it results that: This project will be financed by a) the Government in the amount of 130,883,750 euros and b) the Municipalities of Tirana District in the amount of 91 million euros for 30 years.
This fact clearly and exhaustively proves that the Municipality of Tirana and its President Erion Veliaj are fully aware of the financial model of the incinerator of Tirana and the concrete amount that the Municipality of Tirana must pay for the next 30 years.
3. On 23.01.2017 with letter no. 13188/3 prot., the Ministry of Finance, responds to the Ministry of Environment, rejecting the approval of the financing of the Tirana District Incinerator project, highlighting some issues for which it has requested additional clarifications;
4. On 21.02.2017, with letter no. 5474/25 prot., the Ministry of Environment requests approval from the Ministry of Finance for the construction project of the Tirana District incinerator, clarifying the problems identified by the Ministry of Finance;
5. On 02.03.2017, with letter no. 13118/7 prot., the Ministry of Finance, responds to the Ministry of the Environment, requesting from this Ministry that, since the financier and main beneficiary of this project is the District of Tirana, to obtain written approval from this District, referring to the proposed financial model in the feasibility study. From this letter it clearly results that this Concessionary project can be implemented only if the Tirana District Municipalities (5 component municipalities) will approve the financing of this project, as they will be the beneficiaries of the waste incineration project of course against a certain fee.
6. On 28.02.2017, with letter no. 5474/26 prot., the Ministry of Environment (letter signed by the General Secretary Mr. Alqi Bllako) requests only from one Municipality of the Tirana District and specifically only from the Municipality of Tirana the granting of written approval for the continuation of the concession procedures, referring to the financial model proposed in the feasibility study; Pure abuse of duty, as the Ministry of Finance seeks agreement from the 5 Municipalities of the Tirana District, while Blako (certainly coordinated) only sends it to the Municipality of Tirana.
On 27.03.2017, with letter no. 8275/1 prot., the Mayor of Tirana Erion Veliaj, without convening the Municipal Council and without any provision in the project budget of the Municipality, replies to the Ministry of Environment, expressing in principle agreement regarding its role in this concessionary project with the model financial presented in the feasibility study;
Syncron Erion Veliaj in the investigative commission: "I, on behalf of the Municipality with one million inhabitants, say only that I agree in principle and then move on to the Municipal Council".
Flagrant violation of the law on Local Self-Government as the Mayor has zero legal authority to decide on the approval of the budget of the Municipality of Tirana. This is the exclusive competence of the Municipal Council. It is worth noting that in at least two other concession projects where it turns out that the main financier and beneficiary of the project is the Municipality of Tirana, the decision to grant agreement in principle or even the approval of the draft contract was given only the Municipal Council of Tirana.
After refusing for months in a row the agreement for the preliminary approval of the financing of the Tirana Incinerator project, the Ministry of Finance was content only with the agreement of the Mayor of Tirana to open the way for the procurement and specifically, on 06.04.2017, with the letter no. 13118/9 prot., the Ministry of Finance, replies to the Ministry of the Environment, stating without comment on the continuation of the project for as long as requested that the main beneficiary and financier of this project is the Municipality of Tirana (so the District of Tirana has been replaced by the Municipality of Tirana ); Pure violation of the law on financial management of the Minister of Finance.
7. Precisely, as soon as the Municipality of Tirana (and not all District Municipalities) has given its agreement, regarding its role in this concession project, in the meeting of 12.04.2017, the Concession Commission of this procedure has evidenced this fact, paving the way for the tender procedure.
This element also clearly proves how essential was the agreement of the Municipality of Tirana for the continuation of the project, in other words Erion Veliaj, with his illegal firm changed the fate of the Tirana Incinerator concession.
On 31.08.2017, the Concession Commission held a meeting regarding the negotiation of the contract with the representatives of the company "Integrated Energy BV". In this meeting, the chairman and two members of the Concession Commission (representatives of ATRAKO) requested the approval of the Concession Contract by Decision of the Municipal Council, but their proposal was not supported by the other members of the Concession Commission and specifically by the representatives of the Municipality of Tirana Taulant Tushe and Namik Simixhiu, stating that it is not necessary to approve the contract by decision of the Municipal Council.
There is no doubt that the representatives of the Municipality of Tirana, members of the Concession Commission, would refuse to approve the concession contract by Decision of the Municipal Council of the Municipality of Tirana, since if they did otherwise they would reveal the illegality of their president's signature.
Aware that he had violated the law, Erion Veliaj went to the Municipal Council to get the approval of the financing of the incinerators, and for this Veliaj has lied publicly and under oath before the Investigative Commission on incinerators, since with the VKB 106 dated 28.09.2016 they are changed the table attached to the budget program and did not approve the budget that should cover the expenses for the incinerators.
Syncron Veliaj reads in the commission the decision of the municipal council dated 28.9.2107: "The council
With this decision 106 dated 28.09.2017, the Mayor has made decisions and there is a point called point "g" that has to do with the commitment of the Municipality of Tirana for the landfill."
But this decision of the Municipal Council was taken 1 month after the incinerator concession contract was approved and the municipality of Tirana had already entered into a financial commitment of 91 million euros.
Erion Veliaj has deliberately violated the law by entering the Municipality of Tirana into a financial commitment of 91 million euros with his firm alone, without first obtaining the approval of the Municipal Council. The decision of the Municipal Council one month after the concession contract was approved is the most flagrant evidence of violation of the law by the mayor of Tirana. And in this decision, the Municipal Council has made 15 million ALL available for this project, while Erion Veliaj and his firm have signed 91 million euros without the decision of the Municipal Council.
Violations of the procedure related to Erion Veliaj
1) The Contracting Authority has developed the concession procedure, without first obtaining the approval of the District of Tirana, which consists of the Municipalities of Tirana, Kamëz, Vorë, Kavajë and Rrogozhinë.
As explained above, it turns out that the feasibility study was drawn up and submitted for Tirana District, also in the feasibility study it is foreseen that the financing of this project will be carried out by a) the Government and b) the Municipalities of Tirana District.
With letter no. 13118/7 prot., the Ministry of Finance, has asked the Ministry of the Environment, that since the main beneficiary of this project is the Tirana District (that is, all the local units of this District), written approval would be obtained from this District, referring to the model financial proposed in the feasibility study.
Meanwhile, the Ministry of Environment and specifically the former Secretary General of this Ministry, Mr. Alqi Bllako, contrary to the request of the Ministry of Finance, has addressed only one local unit of Tirana District and specifically only Tirana Municipality. The Municipality of Tirana, which also acted in violation of the law, with letter no. 8275/1 prot., dated 27.03.2017, has responded to the Ministry of Environment, expressing in principle agreement with the financial model presented in the feasibility study, while this Municipality had to evidence the fact that the feasibility study presented the financial commitment for all Municipalities that are part of Tirana District.
Referring to the study of the feasibility of the concession project, it turns out that the agreement for the financing of the project must be given by the beneficiaries and financiers of this project, which in this case are all the municipalities that are part of the Tirana District, since this project provides for the treatment of the waste of all units of Tirana District and not of Tirana Municipality.
These actions, both of the Contracting Authority and of the Municipality of Tirana are at best for them - inability to fulfill their duties with serious financial consequences (in the criminal sense they are abuse of duty) and at worst constitute Fraud of State Institutions . Article 42 "Financial support" of Law 125/2013 "ON CONCESSIONS AND PUBLIC PRIVATE PARTNERSHIP" as amended provides that: "The project that needs financial support, as determined by the feasibility study, requires a prior approval from the Ministry of Finance, in relation to fiscal affordability, sustainability and feasibility, that is, the immediate and urgent fiscal impacts." Referring to this legal provision, it results that the granting of financial approval is an essential condition for the continuation of concessionary projects that require financial commitment from the State budget.
In this case, the legal responsibility falls directly on the former - General Secretary of the Ministry of Environment Mr. ALQI BLLAKO, as well as the Mayor of Tirana ERION VELIAJ, since with their direct actions they have openly violated and have not implemented the obligations provided for in the base aforementioned legal act, committing the criminal offense of abuse of office.





