Disputes with the Durrës Port Authority/ EMS Company: We did not expect to be blocked

2023-08-05 14:25:00, Aktualitet CNA

Disputes with the Durrës Port Authority/ EMS Company: We did not expect to

At the end of July, the German company EMS-Fehn-Group, which has been managing the Eastern Terminal of the Port of Durrës since 2012, was blocked in its daily activity. Although EMS has won the 35-year concessionary tender for the management and operation of this part of the port, the Port Authority of Durrës placed concrete blocks there on the morning of July 29. The actions were argued with the fact that there is a new security plan, within the development of the "Durrës Marina & Yacht" project.

DW: When did the EMS company start working at the Port of Durrës and what contract did you have with the Albanian institutions?

Florian Çimo: During the procedure of an international tender opened by the Albanian government in 2012, the German company EMS-Fehn-Group won the concession right for the management and operation of the Eastern Terminal in the Port of Durrës. In May 2013, EMS-Fehn-Group and the Albanian government concluded a concession contract giving our company the right to process ship cargo at the Eastern Terminal. Some time later, EMS-Fehn-Group established the Albanian port operator EMS Shpk, (EMS APO), as an operating unit. Since then, the company has managed this terminal. The concession contract has a term of 35 years, i.e. until 2048.

DW: Since July 29 of this year, the company is not allowed to work inside the port. Can you tell us more specifically what happened and what are the claims of the Port Authority of Durrës for the decision made?

Florian Chimo:In the early hours of the morning of July 29, the Port Authority of Durrës, i.e. the Albanian state authority that is responsible for the administration of the port, along with members of the port security team and supported by State Police forces, entered Eastern Terminal and occupied essential parts of the terminal area, placing concrete blocks there. This has significantly damaged our ability to continue working. We are currently making every effort to provide our services against the newly imposed circumstances. In response to our questions, the Port Authority of Durrës claims, that the actions undertaken were done in order to implement a new port security plan. This was the first time we learned about this plan. Just one day before parts of our terminal were seized, after official working hours, in the late afternoon of July 28, EMS APO received an email from the Port Authority of Durrës. This email informed us about a new management plan for the Port of Durrës. According to this plan, parts of the East Terminal were reserved for the development of the "Durres Marina & Yacht" project. All this happens while the concession contract with EMS-Fehn-Group is still in force and our company is left completely in the dark regarding information with the future of this concession in Albania. In our view, this is another measure, in the wake of the actions that Albania has taken over the last few years to damage our commercial activities and to take us out of the Port of Durrës. EMS APO has received an email from the Port Authority of Durrës. This email informed us about a new management plan for the Port of Durrës. According to this plan, parts of the East Terminal were reserved for the development of the "Durres Marina & Yacht" project. All this happens while the concession contract with EMS-Fehn-Group is still in force and our company is left completely in the dark regarding information with the future of this concession in Albania. In our view, this is another measure, in the wake of the actions that Albania has taken over the last few years to damage our commercial activities and to take us out of the Port of Durrës. EMS APO has received an email from the Port Authority of Durrës. This email informed us about a new management plan for the Port of Durrës. According to this plan, parts of the East Terminal were reserved for the development of the "Durres Marina & Yacht" project. All this happens while the concession contract with EMS-Fehn-Group is still in force and our company is left completely in the dark regarding information with the future of this concession in Albania. In our view, this is another measure, in the wake of the actions that Albania has taken over the last few years to damage our commercial activities and to take us out of the Port of Durrës.

Disputes with the Durrës Port Authority/ EMS Company: We did not expect to

DW: Was this a "surprise" decision for the company or is it related to the lawsuit you filed against the Albanian state at the ICSID Court of Arbitration in Washington? What does this lawsuit consist of?

Florian Çimo: If by "decision" you refer to the actions taken by the Port Authority of Durrës on July 29, then the answer is Yes. We did not expect that essential parts of our terminal would be seized. At the same time, we would not to speculate whether there is any connection between Saturday's incident and the request for arbitration against the Albanian state, which was filed by EMS-Fehn-Group at ICSID (International Center for Settlement of Investment Disputes) during the month of April. The purpose of this arbitration is the request for financial compensation for the losses caused by Albania within the framework of the bilateral investment agreement between Germany and Albania.

DW: A few days ago, the Constitutional Court of Albania did not pass your appeal for trial. How do you consider this decision?

Florian Çimo: This is a legal process and we will not comment on it.

DW: What other legal steps will you take?

Florian Çimo: Currently, our lawyers are evaluating the situation. *Florian Çimo is the Commercial Manager of "EMS Albanian Port Operator Shpk". (EMS APO). The company is part of the EMS-Fehn-Group in Germany./ DW