European Commission - Internal Market DG The Green Paper on Public-Private Partnerships.

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Presentation transcript:

European Commission - Internal Market DG The Green Paper on Public-Private Partnerships and Community law on public contracts and concessions

European Commission - Internal Market DGSlide - 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

European Commission - Internal Market DGSlide - 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.

European Commission - Internal Market DGSlide - 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

European Commission - Internal Market DGSlide - 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

European Commission - Internal Market DGSlide - 6 Public Private Partnerships – the Green Paper The consultation 22 questions Comments requested until 30 July 2004