Press Release: Public procurement: the Commission launches a debate on applying Community law to public-private partnerships

On the basis of a Green Paper, the European Commission has launched a debate on the desirability of adapting the Community rules on public procurement and concessions to accommodate the development of public-private partnerships (PPPs). The main objective is to see whether it is necessary to improve the current rules in order to ensure that economic operators have access to PPPs under conditions of legal clarity and real competition. Over the last ten years PPPs have been developing in several member states. They are now used in many areas of the public sector. The choice of a private partner by a public authority must be made in accordance with Community rules on the awarding of public contracts. However, there is no specific system under Community law for PPPs and the Community rules on awarding public contracts are applied to PPPs with differing degrees of intensity. The Green Paper sets out the scope of Community rules, with a view to identifying any uncertainties and assessing to what extent Community intervention might be necessary.

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52004DC0327 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52004DC0327

---