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Lois relatives aux PPP/Lois relatives aux concessions

As detailed in the section Legal Framework / Evaluation of the Enabling Environment for PPPs , there are a number of areas where the existing legislation of the host country may require some changes to be successful public-private partnership projects (PPP) in the field of infrastructure (for example, to grant a right of intervention to lenders or to allow open and fair procurement process). These changes can be enshrined in the legislation specific to a sector or, in the case of procurement in the legislation on the award of contracts or those relating to competition, or they can be included in a general law on concessions or PPP. This site contains links that provide advice on drafting legislation on PPP / concessions and provide examples of laws on PPP / concessions enacted.

Although the guidance and examples are useful, each law on PPP / concessions must be drafted carefully to be in line with the laws of the host country. Governments must find the right balance between regulation of performance and flexibility.

Directions UNCITRAL PPP Material / Laws Relating to Concessions

The United Nations Commission on International Trade Law (UNCITRAL) developed a  legislative guide on privately financed infrastructure projects  in 2000. The object Guide to assist in the establishment of a legal framework favorable to private investment in public infrastructure. The advice provided in it are intended to reconcile, on the one hand, the desire to facilitate and encourage private sector participation in infrastructure projects and, secondly, various public interest concerns of the country of Home.

In its Legislative Provisions on infrastructure projects with private funding  in 2003, sets a suggested legislative language.

Fundamentals of EBRD for a Modern Concessions Act

The European Bank for Reconstruction and Séveloppement (EBRD) has defined a series of fundamental principles of modern law on concession s as legislative guidelines. A version russeet an English version of the text are also available.

The document "EBRD Core Principles for a Modern Concessions Law - selection and justification of principles"   ( "EBRD Core Principles for a Modern Concessions Law - selection and justification of Principles") explains each of these principles.

Fundamental elements of the OECD Concession Agreements Act

This guide Basic Elements of a Law on Concession Agreements (Fundamental Elements of Agreements Act of Concession) provides a series of basic elements of the concession agreements for company law and the legislation on foreign direct investment . It was developed jointly by the Istanbul Stock Exchange (BIST), the Organisation for Economic Co-operation and Development (OECD), and a group of experts of the Network Security and Information, country the black Sea and the countries of Southeast Europe.

Examples of legislation on PPP

The links below are examples of laws on PPP / concessions enacted in various countries. You'll also find links on the comments of third parties regarding these laws. The World Bank has not prepared them and accept responsibility to these comments and to reviewers.

Africa (South Africa)

Angola

Argentina

Australia

Benign 

Brazil

Bulgaria

Cambodia 

Cameroon

Canada

Chile

Colombia

 Corrée South

Croatia

Egypt

Spain

Central and Eastern 

  • Assessment of Concession Laws ,  2008 (English) - prepared by the  European Bank for Reconstruction and Development (EBRD)  ( European Bank for Reconstruction and Development ) - including:  Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Estonia, FYR Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Montenegro, Poland , Romania, Russia, Serbia, Slovakia, Slovenia, Tajikistan, Turkey, Turkmenistan, Ukraine and Uzbekistan.

United States

la France

Republic of Fiji

Greece

Guatemala

Honduras

India

Indonesia

Ireland

North Ireland

Jordan

Kosovo 

Kenya

Latvia

Lithuania

Macedonia

Malawi

Morocco

Mauritania

Mauritius

Mexico

Mozambique 

Nigeria

  • National Policy on Private-Public Partnership, Infrastructure Concession Regulatory Commission, September 2013. The manual contains detailed information on public-private partnerships (PPP) in Nigeria, including information on the enabling environment for PPPs, on procedures procurement, on the financing of PPP models and case studies.
  • Lagos State PPP Manual (EN)

Peru

Philippines

Poland

Czech Republic

Romania

UK

Senegal

Sri Lanka

Tanzania

East Timor

Tunisia

European Union (EU) 

  • European Union Rules on Public-Private Partnerships  - including EU rules on the establishment of public-private entities, Community law on public contracts and concessions on public-private partnerships and the Green Paper of 2004 on how the legislation on procurement applies to various forms of public-private partnerships.
  • Directive 2014/23 / EU  of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (also available in other EU languages, including  French  and  Spanish ). The new EU directive sets minimum requirements demanded by the EU for the award of concession contracts by public authorities to procure works or services from private providers. You can find more information on the EU Directive on the  website of the European Commission.

Uruguay

Zambia

How to handle unsolicited proposals

Private sector entities may submit unsolicited proposals to governments for infrastructure projects. Knowing respond to unsolicited proposals to protect transparency in the procurement process and to recognize the initiative of the project leader is usually difficult. 

An explanation of how different countries handle unsolicited proposals in Infrastructure Unsolicited Proposals - How Some Countries Introduce Competition and Transparency, Public-Private Infrastructure Advisory Facility (PPIAF) Working Paper No. 1, Infrastructure Unsolicited Proposals 2007. 

A number of approaches have been developed and some examples are provided below: 

UNCITRAL

The Legislative Guide on financing infrastructure projects ( Legislative Guide on Privately Funded Infrastructure Projects )  private UNCITRAL is interested in these issues in paragraphs 97 to 117. In the provisions 20 to 23 of its Legislative Provisions on projects financed infrastructure ( Model legislative Provisions on privately financed infrastructure Projects ) private in 2003, sets a suggested legislative language . Whenever the authority of a host country receives an unsolicited proposal, UNCITRAL recommends it to first determine if the proposal is potentially of public utility. Where applicable, the authority then request more information the project manager to conduct a comprehensive assessment. If the authority decides to continue the project, it determines if it necessarily involves intellectual property, trade secrets or other proprietary rights of the project leader. Projects that do not involve those rights following a comprehensive selection process, during which the project developer is invited to take part in the selection. If intellectual property of the project initiator is not necessarily involved, it is not necessary to follow a full selection procedure.

Chile

Chile adopted an approach in which the project promoter is required to take part in the entire bidding process but receives bonus points based on the evaluation. The detailed process of managing unsolicited proposals in Chilean Concession Regulations 956 (Spanish). Click Summary Chile to get a summary of regulations.

South Africa

The National Treasury Ministry of Finance of the Republic of South Africa published in 2009 notes in connection with unsolicited proposals ( Practice Note on Unsolicited Proposals for use with PPPs and unsolicited projects or concepts ) . This note sets out the parameters of an unsolicited proposal and provides governments with a framework in which they can be considered.

Note (1) establishes criteria for consideration of an unsolicited proposal; (2) defines the acceptable forms of unsolicited proposals; (3) describes the assessment procedures comply unsolicited proposals; (3) defines the procurement procedures to receive other offers that can compete with the unsolicited proposal; and (4) describes the contexts of use of the unsolicited proposal. For an example in the transport sector, see the South African National Roads Agency Policy: it confers a benefit to the original project leader by giving him the opportunity to participate in the call for "best final offer" (1997).

Australia Government New South Wales.

The  Guide for Submission of Unsolicited Proposals and Assessment  (Guide for the presentation and evaluation of unsolicited proposals) establishes a transparent and simplified approach will facilitate joint work between the government of South New Wales and the private sector to develop and deliver innovative ideas. The office of Prime Minister and Cabinet Executive Council received a number of requests that do not meet the criteria set out in the Guide and which would justify a direct commercial relationship with one promoter (instead of a tender) . For additional information have been developed to help those who are considering making a request to confirm the compatibility with the requirements of the process. Its main objective is to ensure consistency and certainty for private sector participants as to how their proposals will be evaluated spontaneous seamlessly with key to the government of New South Wales that affect how proposal can meet a strategic goal of the Government and its value.

United States -  Florida State approach to unsolicited Proposals

Further resources and readings

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Updated: January 13, 2021

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