The province cannot and may not exclude the EBS bus company from the tender for public transport in East Brabant. Last month, States members of left -wing parties asked for this because the Israeli parent company of EBS is active in illegally occupied territories on the West Bank.
As early as 2013, the United Nations published a list of companies that are active in the Palestinian territories occupied by Israel. The parent company of EBS is on that list, because it has bus lines in and to illegal settlements and thus benefits from the occupation.
According to several human rights organizations, these companies contribute directly or indirectly to the colonization of Palestinian territory. GroenLinks, PvdA, Party for the Animals and Volt therefore think that the province should have nothing to do with EBS.
Don’t exclude
According to the Provincial Executive, it is not possible to exclude the company based on the UN list. “Prior to the tender, the province sets requirements that the tenderers must meet” can be read in the response to the left parties. “No new reasons can be given afterwards to exclude a certain party.”
The possible adjustment of the list of requirements, so that a company like EBS can no longer participate in the future is possible, the college writes. There are hooks and eyes on that. “A reason to exclude companies will have to serve a legitimate goal and also to test. Such a ‘new’ ground for exclusion can also be challenged to the court by a party that is disadvantaged by this.”
Moreover, the mention of EBS and other companies on the United Nations list is not a legal opinion on the activities of these companies. In addition to EBS, the current carrier Arriva has made an offer for transport in East Brabant. In mid -July, it must be announced with which company the province will work for the next 12.5 years.