Javys, a.s.

Shareholder Agreement about the NNPS

On the 29th of May 2009, The JAVYS and ČEZ companies have signed an agreement about the construction of a new unit at the Jaslovské Bohunice power plant.

According to law Nr. 211/2000 Z.z. about the freedom of access to information, the agreement was subsequently publicized. Notwithstanding, some parts, in compliance with the legislation, remained undisclosed. Upon an immediate appeal by the prime minister, Róbert Fico, both parties have started negotiating about the disclosure of the Shareholder Agreement in its entirety.

Teams of lawyers and experts representing both parties negotiated about the way in which the disclosure should be realized, in order to achieve maximum transparency of the project. In the end, the experts came to an understanding that the, until then, non-public parts of the agreement should only be made accessible by the means of transcript. They agreed that the disclosure beyond this extent and nature would significantly damage the project itself, the rights of the shareholders, as well as strategic interests of the Slovak Republic. Moreover, a disproportional increase in the project’s realization costs would result from this.

Parts of the agreement that are only available through transcript fall under the definition of business secret, as in §17 of the business law and under the restrictions from §11 of the law about the freedom of access to information.

The construction of the new nuclear power plant is of strategic importance to Slovakia, among other things, it will contribute to the strengthening of its energetic security. The new nuclear power plant unit will not be financed from public funds.