Irena Beqiraj
The Vlora airport concession is of the BOT (build operate transfer) form. According to the spirit of the law, the winning private consortium must have experience in both building and operating airports.
In fact, one of the reasons why it is awarded through concession is the capacity of the private partner to operate and manage operational risks in such works.
During the interview, Mr. Pacolli stated that his company had built airports but had not operated or managed them, so they had agreed to subcontract the management or operation to Munich Airport.
But at this time, according to Mr. Pacolli, YDA comes into play, coming to Albania for two purposes; 1) to build the Fier hospital and 2) for the Vlora Airport. According to Mr. Pacolli, YDA had experience in operations, and for this reason it was welcome in the consortium.
Pacolli's statement that YDA had met with the minister before the tender procedure, as well as the fact that the ministry changed the criteria and postponed the tender several times until the consortium in question prepared its bid, and the announcement of this consortium as the winner, definitively clarifies the fact that the winner was predetermined.
But Mr. Pacolli's testimony, if combined with the provisions of the contract, shows more. Even though a partner who has 40% of the shares of YDA-JA in this case, which was included because of its experience in the operation, the contract provided that the operation would be subcontracted.
According to the law, the areas that can be subcontracted must be specified in the tender documents and later in the contract. This shows that it was known and accepted from the beginning that YDA would leave and would not participate in the construction and operation of the Airport.
So YDA was introduced not as a real partner but as a fictitious partner. Mr. Pacolli (although he did not say so) when he refused to allow YDA to have 60% of the shares by reducing them to 40%, in fact he negotiated not the majority but the payment for the sale of YDA's shares.
Therefore, the ministry has granted a concession without a guaranteed operation, contrary to the spirit of the law and will most likely result in a violation of point 3 of article 34 of the PPP law, which requires that in PPPs of public works and services, the provisions of the public procurement law regarding the extent of subcontracting should not be exceeded.
So YDA received an indirect payment of 3 million Euros, (according to Mr. Pacolli he had requested 5 million) "for the gift" of the Fier Hospital, a payment that with the help of the government was disguised as a sale of shares. While the poor people who still enjoy the gifts sang songs to Erdogan.
Mr. Pacolli testified that the Vora Airport will be completed but will not be put into operation. This is for two reasons, firstly, Munich Airport, which had agreed to operate it once construction was completed, has withdrawn due to the decision of the Munich municipal council in compliance with the request of environmentalists.
Secondly, the conflict between the two remaining consortium partners makes it impossible to reach and sign an agreement with another operator.
Signing a BOT concession contract by putting into play the OPERATION which is of fundamental importance in concession contracts is acrobatics that requires great courage from both the public and private partners.
Because of this courage, in February 2026, according to Mr. Pacolli, we will have a completed building but not an Airport, as the incompetent government had created the illusion that such acrobatics can be managed in such complex and risky long-term contracts.
I hope they have learned that illusion is a debt with high interest, but worse, it is paid with interest!
Editorial
