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Green Paper on Public-Private Partnerships and Community Law on Public Contracts and Concessions

This Green Paper explores the current legal situation of Public-Private Partnerships (PPPs) within the EU and addresses issues such as the application of negotiated procedures and competitive dialogue, the legal situation regarding service concessions, private initiative PPPs, subcontracting, and more.

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Green Paper on Public-Private Partnerships and Community Law on Public Contracts and Concessions

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  1. The Green Paperon Public-Private Partnerships and Community law on public contracts and concessions http://europa.eu.int/comm/internal_market/publicprocurement/ppp_en.htm

  2. Public Private Partnerships – the Green Paper BACKGROUND • PPP Schemes increasingly applied within the EU • No special Community rules on PPP This can create uncertainty for Community players which presents an obstacle to the creation or success of PPPs

  3. Public Private Partnerships – the Green Paper Current legal situation at EC level  PPPs qualifying as public works contracts or as priority service contracts: application of the detailed provisions of the Community Public Procurement Directives.  PPPs qualifying as public works concessions or non-priority service contracts: application of few provisions of secondary legislation.  PPPs qualifying as service concessions: no secondary EC legislation applicable.

  4. Public Private Partnerships – the Green Paper ECJ in TELAUSTRIA judgment (C-324/98): The fundamental rules of the Treaty, in particular the principle of non discrimination apply to service concessions. Advertising must be sufficient to open the services market up to competition. The fundamental rules of the Treaty include: • Equality of treatment • Transparency • Proportionality • Mutual Recognition

  5. Public Private Partnerships – the Green Paper Issues addressed by the Green Paper • Application of the “negotiated procedure“ and the “competitive dialogue“ • Legal situation regarding service concessions • Private initiative PPPs • Phase following the selection of private partners • “Step-in” clauses • Subcontracting • Institutionalised PPPs

  6. Public Private Partnerships – the Green Paper The consultation • 22 questions • Comments requested until 30 July 2004 • MARKT-D1-PPP@cec.eu.int

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