JÁVORT Az EU-BA!

Támogasd Te is küzdelmünket a zöld és igazságos jövőért!

Press release from Benedek Jávor about the suspension of EU funds

The Hungarian government now acts as if the European Commission’s decision on the suspension of EU funds was a surprise. There is, however, no reason to be surprised: the documents foreshadowing this recent development have long been made accessible. During this time action could have easily been taken to prevent such a decision; however, the government prefers a deeply corrupt procurement system over saving EU funds. What is more is that the present decision could be followed by many more: besides the operative projects now affected by the decision there are at least half a dozen similar projects that received the same evaluation from the Commission. Without a radical alteration in the system, even planned future projects are in jeopardy. It is high time that Viktor Orbán and János Lázár decided whether it is the funding of oligarchs or the fate of the country that matters more to them.

Last December I wrote in my blog about the documents that had been sent by the respective director general of the European Commission to the European Parliament in connection with the supervision of operative programs using EU development funds. This information involved the assessment of the management of all the operative programs of all EU Member States. As I pointed out in my blog post Hungary was among the worst in all examined areas. These data also showed that the Commission not only criticized the programs, but also deemed the provision of information by the Hungarian authorities unreliable.

It was very clear from all these data that the suspension of funds was about to happen. What was predictable now turned into reality. Now at the end of the fifth year of the Orbán-regime, the government’s communication pointing the finger on former governments when talking about the inherited tender-evaluation system, is completely discredited. This is also because the Hungarian management of EU development funds was completely reorganized by the 1st of January, 2014, in that it was assimilated partly into different departments and partly into the Prime Minister’s office. What also becomes clear from the information I provided in December is that the Commission brings its decision based on data received from annual audit records and from regularly updated continuous monitoring. In the current case the decision was probably based on audit records from 2013 and 2014. There is no doubt about whose responsibility this is. What is more is that the current decision can be followed by others: besides the operative projects now affected by the decision there are at least half a dozen similar projects that received the same evaluation from the Commission – these can also be suspended increasing the amount of money lost. Without a radical alteration in the system, even planned future projects are in jeopardy.

Hungary cannot afford to lose such an amount of funds due to the irregular selection of winning tenders. The current suspension affects 700 billion Forints and, according to estimations, will only become available again after paying a sanction mounting up to about 10% of this amount. If we add the development funds lost after the suspension of the Norwegian funds as a result of the government’s attack on the civil sector, the loss goes up as high as 100 billion Forints. It is high time that Viktor Orbán and János Lázár decided whether it is the funding of oligarchs or the fate of the country that matters more to them.

Brussels-Budapest, April 16, 2015
Benedek Jávor MEP

 

ITCO Press Release

EP-Intergroup on Transparency, Integrity, corruption and organised crime: European Institutions need to take immediate action to implement the recommendations of Transparency International in its report on lobbying in Europe.

The newly established Intergroup of the European Parliament on Transparency (ITCO) welcomes the report issued today by Transparency International on ´lobbying in Europe`. Co-chair Dennis de Jong (GUE/NGL): The report of TI shows that at the moment it is not possible for the public to know which lobbyists have contributed to EU-legislation. So far, the European institutions refused to introduce a ´legislative footprint´, i.e. a survey of lobby contacts that have been influential during the drafting of legislative proposals. I urge both the European Commission and the European Parliament to take steps immediately, so that the citizens are fully informed with respect to the influence of lobbyists on legislative proposals by the Commission and on legislative reports of the EP.´

ITCO-Bureau Member Benedek Javor (Greens) adds: ´I fully agree with TI that only a mandatory transparency register will work. At the moment, we only have a voluntary register without proper oversight mechanisms. The idea of the Commission to conclude a new inter-institutional agreement with regard to the transparency register may sound positive, but TI rightly points out that we need formal legislation in order to set up a mandatory register. An inter-institutional agreement does not suffice in this respect´.

Co-Chair Elly Schlein (S&D) emphasises: ´Whereas the situation in the EU-institutions needs to be improved, the situation in Member States is often even worse. Only a few Member States have a better score than the European institutions. European co-operation with regard to transparency, integrity and equality of access needs to be stepped up, so that everywhere in the European Union democracy is strengthened´.

ITCO-Bureau Member Monica Macovei (EPP): ´Corruption and lack of transparency go hand in hand. Conflicts of interest are a source of corruption and undermine people’s trust. Measures should be taken to prevent conflicts of interests and to address them, whenever they may occur. That holds not only for the EU-institutions themselves, but also for Member States. And definitely, the transparency register should be mandatory´.

Transparency International’s report can be found here.

15 April 2015

Europe’s most expensive motorway project has failed

Based on suspicions of cartel and overpricing, Brussels has rejected financing what came to be known as Europe’s most expensive motorway, the M4. The project came into the European authorities’ scope of attention after a submission from MEP Benedek Jávor.  This miserable failure could have been prevented had the Hungarian authorities, who were the first to be warned by the EP member of Dialogue for Hungary, started dealing with the issue in time.
 
According to the original plans, the segment of the motorway between Abony and Fegyvernek was to be built for 3.79 billion Forints per kilometre (largely from EU funds) as opposed to the earlier record-keeper, the segment of the M7 motorway, including the viaduct, costing 2.8 billion per kilometre. The current motorway segment is without any extra – nothing would explain such a high price. Benedek Jávor, MEP from Dialogue for Hungary, has already issued questions to the government about the reasons last year; however, neither the Minister for Development, László Némethné, nor Mr. János Lázár, reacting on behalf of the Prime Minsiter, deemed intervention necessary. Back then the only response Mr. Jávor was given was that “the price of bitumen and asphalt has increased by 43% in the last ten years” (which is not true) and that because of the situation of the Hungarian economy, the state can only take loans for a higher price (which is irrelevant in case of road-building project funded by the EU).
 
In the meantime, the costs have been heavily raised from 110 billion to 160 billion, which goes beyond rational explanation even further. As the government was reluctant to initiate an investigation, Dialogue for Hungary turned to OLAF, the anti-fraud agency of the EU, which then forwarded Mr. Jávor’s submission to the responsible director general of the European Commission. Now it seems that the file was not just being tossed around by the EU organizations as even the Commission declared that the calculated expenses are astonishingly and irrationally exaggerated in the project carried out by the largest national road-construction companies (the Colas-Swietelsky consortium, the Közgép-A-Híd couple and Strabag).
 
The EU is reluctant to pay the bills of an investment that is suspected of cartel; thus, the project can only be financed by Hungarian tax-payers. According to Dialogue for Hungary it is sad that the government did not take their earlier remarks seriously in preventing the theft in time, thus causing damages to decent Hungarian tax-payers, worth hundreds of billions of Forints. The opposition party now urges strict investigation, accountability and revision affecting the entire EU investment portfolio: neither European nor Hungarian tax-payers wish to further assist to building up an Orbánesque state based on theft.

 

26 March 2015

Paks hearing summary

Given the recent developments in the Paks-case, the hearing on the planned nuclear power plants at Paks – jointly hosted by Benedek Jávor and Rebecca Harms – was given a special emphasis.

Ms. Harms started by reminding the audience that just as we have passed the fourth anniversary of the Fukushima accident, we are nearing to the 29th of the Chernobyl disaster. She also expressed her concern over the incident at the Paks power plant in 2003 and enlisted some of the serious risks of the aftermath of the incident, such as the shipment of hazardous waste via the conflict-heavy Ukraine. In her introduction she urged the European Commission to respond.

In his opening speech, Mr. Benedek Jávor started by recalling that the EURATOM Supply Agency has just recently taken a negative decision on the fuel supply contract. Mr. Jávor warned that since the Hungarian Government has not engaged in a proper dialogue with the EU institutions, including EURATOM, now it has to restart negotiations; therefore, the Russian partner’s involvement in the project might easily become uncertain due to the conditions on fuel supply diversification. Meanwhile, during his visit to Budapest, President Vladimir Putin made no secret of his commitment to carry out the project despite the changed economic conditions. Mr. Jávor emphasized that beyond the obvious environmental dangers, there are serious political and economic risks that cannot be properly assessed due to the lack of public debate and the classification of all the relevant documents. He also reminded that in the context of the debate on European Energy Security Strategy so far, gas supply has been in the centre of attention while nuclear investments carry the same risks despite the multiple forms of dependence it creates. The dependence is not only financial and technological, but also on the fuel cycle.

Ámon Ada Paks konferenciaMs. Ada Ámon, director of Energiaklub, explained that the problem with Paks2 is Paks2 itself. Today the 4 block at Paks have a generation capacity of 2000 MWs. This would be more than doubled by the new nuclear power plant to 4400 MWs. The cost of the total investment, she continued, is 12.5 billion Euros, which is 20% of the Hungarian yearly budget with 10 billion coming from the Russians, the rest from state budget. This will lead to a substantial increase in energy production in Hungary, which, given the long term trends in energy consumption, would barely leave any room for other types of energy on the national market. From among the problems raised by the project, Ms. Ámon emphasized the lack of transparency and public debate, which highly increases the likeliness of corruption. Furthermore, we are facing a case of potential illegal state aid, the exclusion of experts from the decision making process, the lack of an alternative energy-scenario, and the centralization of the country’s energy supplies. All the above mentioned go against EU objectives. She also emphasized the lack of tendering, calling it the sign of the government’s indifference towards market efficiency. In addition, there is a persistent threat of increasing national debt by 5-8%. According to Ms. Ámon Paks2 will never be built, because it does not serve either interest of the Hungarian public or the European Union.

Stephen Thomas Paks ConferenceProfessor Stephen Thomas from the University of Greenwich presented a comparison of the British Hinkley Point C and the Paks power plants. Beyond the many similarities, including the lack of tendering and the probability that tax-payers will suffer the consequences if the plan goes wrong, there is a difference in the ability to withdraw from carrying out the project: while in the UK this possibility can still be considered, the situation in Hungary is not so straightforward. Another difference lies between the economic situations of the two countries: Hungary is much more prone to go bankrupt after building two new power plants, whereas the UK would most likely not suffer such harsh consequences. The risks are also higher in the case of Paks, because there is a possibility that the new power plants will not yet be operational by 2026, the year when the government will have to start paying back the loan. In addition, the question of the inclusion of the overnight costs in the price also differs in the two cases: these costs are clearly included in the prices of the Hinkley Point power plants; as to Paks, the status of the cited price is not obvious. An important similarity, though, is the classification of data, hence the lack of public discourse. There is also quite a great deal of uncertainty surrounding the affordability of the Paks plants: the Russians, said Mr. Stephenson, cannot even afford plants in their own country; it is highly questionable, therefore, how they would be able to pull through with the Paks investment.

Tóth István János Paks ConferenceDr. Todor Galev, researcher at the Center for the Study of Democracy in Bulgaria, explains how the consequences of the Ukrainian crisis have had a major impact on dealing with the question of energy dependency. Mr. Galev expressed his concerns over how Bulgarian politics are penetrated by Russian influence, meanwhile suspicions circulate that certain Bulgarian political parties are financed by Russia. He urged measures to be taken in connection with the formation of a regional cooperation, saying that without such a joint action, no country can protect itself from Russian influence.

Dr. István János Tóth, researcher at the Hungarian Academy of Sciences and the Corruption Research Centre in Budapest, described the nature of corruption within Hungary’s energy sector, where the lack of transparency is more typical than in any other sector. With regard to the Paks2 project, he described the so-called “white elephant syndrome”, i.e. the lack of an actual objective, where corruption itself is the goal. Based on statistical evidence, he said that the Paks2 project will be loss-making. He presented a comparison of 75 projects carried out between the years of 1966 and 1977, which pointed out that the price of nuclear power plant investments were the double or even the triple of their original price in addition to the fact that the time of their construction also typically expanded.

Massimo Garribba Paks ConferenceOn behalf of the European Commission, Mr. Massimo Garribba from DG Energy emphasized two major elements in connection with EU regulations since the Fukushima accident: firstly, the so-called stress tests and secondly the improvement of the legislative framework. He reminded, however, that nuclear energy is an important element of the EU energy mix. He enlisted the different aspects under the EU’s scrutiny of the project. First, he confirmed that negotiations about the fuel supply contract have restarted. He also confirmed that both DG COMP and DG GROW are instigating the project. In addition, he expressed the Commission’s commitment to reach an increased transparency in nuclear issues and called on the Hungarian government to declassify as many documents as possible.

The question of illegal state aid recurred during the question panel as well. Professor Thomas explained that at this stage there is no way of knowing whether there is state aid involved, because the documents are made secret; however, he said, it is clear that public money is involved, since the company responsible for carrying out the project is itself state-owned. His stance was seconded by Mr. Garribba, who said that some clarifications are required in order to know more. The debate on this issue tied in with, Mr. Garribba’s stance that the Commission aims towards requesting as much transparency as possible.

The topic of the lack of a public debate over the Paks decisions was given a twist as Dr. Attila Aszódi, responsible government official for the construction of the new Paks power plants, gave his remarks on the issues discussed at the hearing. He began by expressing his disappointment that no one from the Hungarian authorities had been invited to tell their side of the story. Mr. Jávor later responded to this remark saying he had no intention of creating an inconvenient situation in which a governmental official was asked questions he is legally bound not to answer, as the documents on Paks2 are classified. However, he expressed his appreciation for Mr. Aszódi’s participation in the hearing, saying this way at least a debate can finally evolve.

Mr. Aszódi also explained that one third of Hungary’s electricity is imported and it mainly consists of coal-based technologies. “We strongly believe that this isn’t sustainable,” he said, “we need energy sources not relying on coal.” 40% of Hungary’s electricity should come form from nuclear energy in the long run according to the energy mix chosen for long term by the Hungarian government, he explained. He also pointed out that the country would be much more able to use green energy if it had high mountains, like the Alps; however, Hungary is flatland and as such, its energy policy is determined by limited possibilities.

In response to Mr. Tóth’s presentation and other remarks on non-transparency, Mr. Aszódi rejected claims that the Paks project was in any way corrupt, as corruption, he said, is a crime. He urged the speakers to initiate a legal procedure if they suspected corruption. He also warned Mr. Tóth not to mix the concept of corruption risk with nuclear safety. He stated that the 12,5 billion euros is the total cost of the project with all inflation and other risks included.

Mr. Jávor provided Mr. Aszódi with the conclusions of a recent study that found that there had not been any investigations initiated on corruption cases by the Public Prosecutor’s Office in the last 5 years. He also called Mr. Aszódi’s attention to the fact that there were a number of occasions when he filed reports on corruption with documents and evidence to the public prosecutor, however, without any effect. He also mentioned, that the total cost cannot be 12,5 billion euros, because the interest is around 11 billion to begin with, so the total cost (overnight+capital costs together) of the project should be over 20 billion euros.

Ms. Harms also reacted to Mr. Aszódi’s comments telling about her visit to Paks in 2013, when her aim was to find out more about the project; however, as she said referring to the problem of secrecy and non-transparency, during her visit she found out more about the gardening around the plants than the actual project itself. Should she be invited to Paks this time to have a more elaborate view, she would be more than happy to come, she said.

EU summit; Flagship energy union project risks being stillborn

EU heads of state and government will meet for a summit on Thursday and Friday, with proposals for a European energy union and relations with Russia at the top of the agenda. Ahead of the summit, Greens/EFA co-presidents Rebecca Harms and Philippe Lamberts said:

“The energy union should be a flagship project for Europe over the coming years but there is a real risk it will be stillborn, as EU leaders look set to strip it of any convincing future-oriented approach. Leaked drafts of the ‘conclusions’ to be adopted by heads of state and government indicate the overarching focus is on finding new supply routes for gas and reviving nuclear power, rather than trying to wean us off our damaging dependence on unreliable fossil fuel exporting countries. If the EU wants to get serious about energy security, it should be working together to prioritise energy efficiency and home-grown renewable energy as the first line of defence. Instead, this energy union seems to be placating vested interests in the energy sector.


“Despite 2015 being a make or break year for the international climate negotiations, EU leaders look set to simply kick the can down the road. The clock is ticking quickly down towards the crunch UN climate summit in Paris in December (COP21) but EU governments clearly do not seem to care about adopting a proactive approach to ensure the EU plays a role in securing a positive outcome: an ambitious global agreement to limit warming to below 2 degrees, which is necessary to prevent catastrophic climate change.


“Yet again, EU governments are using the very prominent stage of an EU summit to highlight their disunity on Russia. This division, whether as regards to sanctions or other issues, completely undermines the ability of the EU to help support pluralism and fundamental rights in Russia and to shape an outcome to the crisis in Ukraine in the interest of the Ukrainian people. In terms of the outcome of the Minsk negotiations, it is not yet the moment for the EU to scale down sanctions on Russia. Until there is no control of the Russia-Ukraine border in the Donbass region, there is no stability.”

Press release – Brussels, 18 March 2015 (The Greens,EFA)

Paks Hearing

The recording of the event is available. (Click here). Photos are also available here.

Programme:

Welcome by co-hosts
Rebecca Harms, Benedek Jávor

Energy security, Energy policy implications of a large nuclear investment within the EU, with special regard to energy security
Ada Ámon
, President, Energiaklub (Hungary)
For Ada Ámon’s presentation click here

Stephen Thomas, Professor for Energy Policy, Greenwich University (UK)
Stephen Thomas’s presentation

Political security – Risks of Russian dependence of a member state
Dr. Todor Galev
, senior research fellow Center for the Study of Democracy (Bulgaria)
Dr Todor Galev’s presentation

Nuclear safety – How the abuse of rules and the presence of corruption poses a threat to nuclear safety
István János Tóth
, Corruption Research Centre and the Hungarian Academy of Sciences
Tóth István János’s presentation

The European Commission’s assessment of the situation
Massimo Garribba, Director, DG ENERGY, European Commission

Discussion, Q/A

Closing remarks from the co-hosts.

 

Europe is unprepared for Fukushima-level accident (NTW press release)

Brussels, 11 March 2015 –The Fukushima nuclear disaster began four years ago. Although it was initiated by the great earthquake of East Japan and the tsunami that followed, responsible institutions have failed in recognizing the real risks of the reactors, in implementing appropriate nuclear safety standards and, ultimately, in protecting people. Has Europe taken into account all lessons to be learned from the Fukushima catastrophe? An upcoming NTW report identifies key challenges from the civil society point of view.

4th anniversary of Fukushima – has Europe learned anything?  NTW says no. Emergency preparedness is mostly based on an INES 5 nuclear accident and response plans generally cannot cope with an INES 7 accident, the level of the Chernobyl and Fukushima catastrophes. NTW notes that many regional and local authorities are not really prepared for a nuclear accident. In some cases, it seems that EP&R plans have been drafted a long time ago with poor updating regarding important recent spatial changes (new residential neighbourhoods, shopping malls, medical centres, schools, roads, etc.) and without taking into consideration recent changes in technology (internet, mobile phones, new social media, etc.). NTW notices that even during exercises, the communication and notification lines of the responsible institutions are not entirely working as necessary: contact data are sometimes wrong or out-dated, there is a lack of communication between different concerned administration services and warning messages are sometimes no clear or too late.

The heterogeneity of measures in different countries (like the distribution of iodine tablets, evacuation perimeters and zoning) is a crucial transboundary dimension. This heterogeneity is potentially a source of chaos, loss of credibility and, most importantly, of potential failure to protect the population. “European institutions are now debating a new directive on the radioactive contamination of food and feedstuff after an accident to harmonize norms. The chaos we saw in this respect in the EU after Fukushima should indeed never be repeated. But while safety agencies recognize that an accident can happen in Europe, accepting contamination norms that are twice the one of Fukushima is from public health perspective unacceptable”, said Michèle Rivasi, chair of NTW.

NTW’s assessment makes obvious that the usual top-down approach doesn’t work. This approach, which has been used to date in EP&R, should be changed and should involved local communities and interested civil society organisations to take an action to improve the situation. “EP&R provisions today are resulting from closed door discussions. Citizens and citizens’ organisations should be the principal partners in EP&R since they are the ones who are affected in a nuclear event. We need to encourage sharing of information among people and institutions, and to involve the local population in the development of better provisions and systematic transboundary arrangements”, said Nadja Železnik, chair of WG EP&R from NTW.

NTW urges the European Parliament, the European Commission, national governments, regional bodies and municipalities, together with nuclear operators, to provide access to relevant information and to support participation of interested citizens, citizens’ initiatives and civil society organisations in emergency preparedness and response planning, regardless of their general position on the commercial use of nuclear power.

The report will be published in April 2015 during a presentation in the European Parliament. Please find enclosed its executive summary: NTWexecutiveSummaryEP&R

European Parliament Intergroup on Integrity, transparency, corruption and organised crime is disappointed with the EIB’s new transparency policy

The European Parliament Intergroup on Integrity, transparency, corruption and organised crime (ITCO) is disappointed with the new transparency policy of the European Investment Bank, which is weaker than its original policy. This is particularly worrisome as it happens on the eve of the implementation of the European Fund for Strategic Investments (EFSI), in which the EIB plays a crucial role.

The intergroup acknowledges that improvements have been made since the first draft of the new transparency policy was published in July. De Jong: ”Contrary to the original proposal, the EIB now admits that Regulation (EC) No 1049/2001 on access to documents applies to documents relating to its administrative tasks. Any other solution would have been a clear violation of Art.15 TEU. However, a lot of problematic issues still remain unsolved.”

A serious flaw in the new transparency policy is the vagueness that surrounds the publication of information on EIB projects. Still not all projects have to be published on the website. De Jong: ”It is in the interest of the EIB itself to inform citizens about its projects, since they often have a direct impact on society. Mere summaries do not suffice. Moreover, whenever there are indications that projects do not deliver value for money, or worse, that there have been irregularities, such as fraud, corruption or abuse of the projects for tax evasion, citizens want to have full access to the documents concerned. Cases of maladministration and corruption should not be covered-up, more secrecy is not what people want.”

Elly Schlein, co-president of the Intergroup on ITCO adds: ”it is important that more people have access to information. With the EFSI about to start, the EIB cannot choose for a less transparent policy. People have a right of information concerning all activities of the EIB, including the support to companies operating in the developing countries”.

 The intergroup is committed to address the problems raised by this new policy. De Jong: ”we will certainly address this issue in the context of EFSI, but also as part of the budget discharge of the EIB in the Budgetary Control Committee. Moreover, we shall write a letter to the board of directors of the EIB explaining in detail which articles of the new transparency policy of the EIB have to be amended. We trust that the EIB will not ignore our requests.”

12.03.2015

The bureau of the intergroup on integrity, transparency, corruption and organised crime
Dennis de Jong (co-president)
Elly Schlein (co-president)
Ana Gomes
Monica Macovei
Benedek Jávor
Marian Harkin
Ignazio Corrao
Timothy Kirkhope

Transparency and anti-corruption

EU rules on whistleblower protection must be prioritised

The European Parliament today adopted a report on the fight against fraud. The report included a clear call on the European Commission to bring forward a legislative proposal on the protection of whistleblowers. After the vote, Green transparency spokesperson Benedek Javor said:

DPP_0268“It is high time that whistleblowers were guaranteed protection across Europe. MEPs today delivered a clear message to the EU Commission that it must propose legislation to this end and stop stalling. Whistleblowers play a hugely important role in a democracy, ensuring vital information in the public interest is brought to light, and they deserve protection for fulfilling this role. The LuxLeaks case is just the latest example of this. The precariousness of whistleblowing must end.

“The report also set out a number of other important recommendations to tackle fraud and corruption in the EU, including VAT fraud. It includes a call to finally establish a European public prosecutor’s office to ensure the EU has the resources to properly investigate and clamp down on fraud and corruption, notably of EU funds. Tackling fraud with regard to EU funds is crucial for the credibility of the EU funds and member states and the Commission must redouble their efforts to this end.”