European Commission - Internal Market DG

http://europa.eu.int/comm/internal_market/publicprocurement/ppp_en.htm

The Green PaperThe Green Paper

on Public-Private Partnerships and on Public-Private Partnerships and Community law on public contracts and Community law on public contracts and

concessionsconcessions

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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

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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.

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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 treatmentTransparencyProportionalityMutual Recognition

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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

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The consultation

22 questions Comments requested until 30 July 2004 MARKT-D1-PPP@cec.eu.int