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Legal issues involved in using PPP for waste projects and an overview of the first PPP waste management project in Greece Alexandros Lykourezos Lykourezos Law Offices The 2 nd Annual Greek PPP Market Forum Athens, May 12 th & 13 th , 2009.
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Legal issues involved in using PPP for waste projects and an overview of the first PPP waste management project in Greece Alexandros LykourezosLykourezos Law OfficesThe 2nd Annual Greek PPP Market ForumAthens, May 12th & 13th, 2009
The essential objectives and principles of Waste Management legislation • Protection of public health and the environment • Prevention or reduction of waste production • Recovery of waste and use of recovered materials as raw materials in order to conserve natural resources • Use of waste as a source of energy • The “polluter pays”
The National Waste Management Plan Applies Community legislation(1999/31/EC) for the implementation of the reduction of biodegradable waste going to landfills: • Until July 2010 biodegradable waste going to landfills must be reduced to 75% of the total amount (by weight) of biodegradable municipal waste produced in 1995 • Until July 2013 it must be reduced to 50% • Until July 2020 it must be reduced to 35%
Regional Waste Management plans • Customization of the national waste management plan for every administrative region • Division of administrative regions into waste management sectors • Comprehensive waste management methods
Waste Management Vehicles • Liable for waste management on a regional level • Recently legislation defined their framework and invoicing policy
PPP and Waste Management Projects Reasons to proceed with a PPP scheme: • Community requirements for implementation of the reduction of biodegradable waste going to landfills within a strict timetable • Financial recession • To ensure that the special service standards are maintained • Waste Management PPPs are refundable projects, so they offer important benefits for both the public and the private sector Waste Management Vehicles and Regional Administrative Authorities must act in order for the citizens to understand the importance of these projects.
Waste Management Project’s Risks • Change in the quantity and quality of wastes • Lack of social acceptance. Not In My Back Yard (NIMBY) syndrome • Time consuming procedures for the acquisition of necessary permits
The particular characteristics of the Waste Management Project in Western Macedonia • First pilot PPP project in Greece • Active Waste Management Vehicle • Substantial degree of project maturity
Main objectives for successful realization of such a project: • Clear Description of the project • Tender documents on the basis of transparency, publicity and fair competition • The selection criteria must secure that the proposed technology fulfills the objectives for the reduction of biodegradable waste going to landfills
Co- operation between the Private Entity and the Waste Management Vehicle: • Experience and know – how of the private entity • The Waste Management Vehicle’s knowledge of regional particularities
Email: allykourezos@lykourezos.grWebsite: www.lykourezoslawoffices.gr Thank you for your kind attention!