Commission receives Malta's reply on Delimara power station extension

A spokesperson for the European Commission (EC) told MaltaToday that “the Commission received the reply from the Maltese authorities on 5 August.”

The Commission’s spokesperson added that the Commission was “currently in the process of assessing this reply” when asked whether the Commission was satisfied or not with the Maltese Government’s replies in this respect, and, if not, the reasons why.

The Commission, which is usually forthcoming in its replies to the press, is keeping its lips tight after on Wednesday, Opposition leader Joseph Muscat published the letter of formal notice about the Delimara power station contract extension on 3 June 2010 to Maltese Foreign Minister Tonio Borg by Internal Market Commissioner Michel Barnier.

Asked further by MaltaToday when did the Commission expect to conclude its assessment of the Maltese Government’s reply to the EU’s letter of formal notice, and whether it would be a matter of weeks, a matter of days or a matter of months, the Commission’s spokesperson did not commit herself on a timeframe.

“There is no timeframe set for assessing a reply from a Member State on a letter of formal notice,” the EC spokesperson told MaltaToday.

“As the letter has just been received by the Commission, we cannot give an indication when a decision on a way forward will be taken,” she added.

The Commission also remained silent when asked by MaltaToday to elaborate on the reasons why the European Commission has issued an infringement proceeding against Malta in this case.

Even when MaltaToday pressed the European Commission spokesperson on the same question, the Commission did not budge an inch.

“As we find ourselves only in the first stage of the infringement procedure, we will not go into the further details of the case,” the Commission’s spokesperson added telegraphically.

She explained that the Commission was responsible for ensuring that EU law “is correctly applied and takes whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself.

“Consequently, where a Member State fails to comply with EU law, the Commission has powers of its own to try to bring the infringement to an end and, where necessary, may refer the case to the European Court of Justice,” the EC spokesperson told MaltaToday.

The Commission’s spokesperson would also remain mum when asked by MaltaToday whether in view of this, the European Commission was going to pass to the second stage of the infringement proceedings against Malta or not, and the reasons why.

The EC spokesperson explained how the case on “the procurement procedure regarding the extension of the Delimara power station” was currently in the stage where the Commission had sent a letter of formal notice to the Maltese authorities.

“This represents the first stage in the pre-litigation procedure, during which the Commission requested the Maltese authorities with a letter dated 3 June to submit its observations on the identified problem regarding the application of EU public procurement law within the given time limit of two months,” the EC spokesperson told MaltaToday.

Following “receipt and assessment” of the reply from the Maltese authorities, “the Commission will decide on whether or not to continue the proceedings by issuing a reasoned opinion,” the EC spokesperson told MaltaToday.