Public-Private Partnerships Laws / Concession Laws

As discussed in Legislative Assessment, a government may decide to enact a PPP law or a concession law for a number of reasons, such as to give priority to a process of developing, procuring and reviewing PPP projects that will take priority over sector laws, or to establish a clear institutional framework for developing, procuring and implementing PPPs. PPP laws can also be used to close gaps in the laws of a host country may need to allow for successful infrastructure PPP projects, such as enabling the grant of step-in rights to lenders and requiring open and fair procurement processes. These modifications may be embodied in sector-specific law, or in the case of procurement, a procurement or competition law, or the can be included in a general concession or PPP law. This site includes links to guidance on drafting PPP/ Concession laws and sample enacted PPP laws.

While guidance and examples can be useful, each PPP/ concession law needs careful drafting to be consistent with the host country's existing laws. Legal draftsmen need to strike a balance between setting ground rules that encourage transparency and imposing general restrictions that may hinder bidding teams from achieving value for money or sensible solutions when bidding out PPP projects.

Guidelines

UNCITRAL Legislative Guide 2019

• The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted in 2019. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide and the Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provides background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions and the Legislative Guide update, expand and replace two earlier texts prepared by UNCITRAL, namely the Legislative Guide on Privately Financed Infrastructure Projects (2000) and the Model Legislative Provisions on Privately Financed Infrastructure Projects (2003). 

EBRD Core Principles for a Modern Concession Law

• The European Bank for Reconstruction and Development (EBRD) defined a set of core principles for a modern concession law as legislative guidelines (English French and Russian). The Legal Transition Group of the EBRD prepared the paper EBRD Core Principles for a Modern Concessions Law - selection and justification of principles which explains each of the principles. These principles are based on international standards and best practices and therefore can assist in assessing a country’s modern concession law and in identifying the need for reform. These principles are meant as guidelines only.

OECD Principles for Public Governance of Public-Private Partnerships

• OECD Principles for Public Governance of Public-Private Partnerships provide concrete guidance to policy makers on how to make sure that Public-Private Partnerships (PPP) represent value for money for the public sector.

EBRD/UNECE model law for public-private partnerships/concessions

• The EBRD/UNECE model law for public-private partnerships/concessions is the text of a Model Law for Public-Private Partnerships/Concessions. It has been developed in collaboration by the United Nations Economic Commission for Europe (UNECE - Working Party on PPPs) and the European Bank for Reconstruction and Development (EBRD). The EBRD PPP Guidelines comprise of a set of Model Laws, Policies and Templates that have been produced according to best practices and international standards, and can be used by Governments and respective agencies as benchmark and reference material.

PPP Online Reference Guide

• The Reference Guide aims to help government officials and other interested parties in answering following questions:
  • What are PPPs, and why use them?
  • What kind of policy, legal, and institutional framework is need to ensure PPPs achieve their stated objectives efficiently and effectively?
  • What is the process for developing and implementing a PPP project?

World Bank Guidance on PPP Legal Frameworks

• The World Bank Guidance on PPP Legal Frameworks explains why a suitable PPP legal framework is essential and describes mechanisms for designing and implementing such framework. Drawing on good practice sources and benchmarks, including the UNCITRAL legislative Guide, UNCITRAL Model Legislative Provisions and UNECE Guiding Principles, it provides succinct, practical guidance.

Standard on Public-Private Partnerships / Concession Legal Framework in support of the Sustainable Development Goals and its Accompanying Guide

• The Standard on Public-Private Partnerships / Concession Legal Framework in support of the Sustainable Development Goals and its Accompanying Guide establish a legal framework for Public-Private Partnerships (PPPs) aimed at achieving the Sustainable Development Goals (SDGs). This framework will govern the contracts that implement these partnerships, including the rules and procedures for their selection, preparation, appraisal, procurement, and implementation. Developed by UNECE.

Other references

Visit Select WBG PPP Toolkits for more information on PPP. 

The Infrascope Latin America (2014) includes an information tool and benchmarking index that evaluates government capacity to implement sustainable and efficient infrastructure public-private partnerships. The Infrascope Africa (2015) includes informational tool and benchmarking index that evaluates government capacity to implement sustainable and efficient infrastructure public-private partnerships, and How to Manage Unsolicited Proposals show examples of how to manage an unsolicited proposal (USP), a proposal made by a private party to undertake a public-private partnership (PPP) project, submitted at the initiative of the private firm, rather than in response to a request from the government.

Attached for information are also some links to commentaries prepared by third parties as well as summaries. The inclusion of these publications does not mean that they or their authors are in any way approved or endorsed by the World Bank, the PPPRC or by the donors who support the website. To view and download the summaries, go to PPP Legal Framework Snapshots or visit PPP Country Profiles prepared by The African Legal Support Facility (ALSF). 

Examples of PPP Laws

Set out below are links to examples of PPP/Concession Laws enacted in various countries.