03-12-07
The green paper on Public Private Partnerships dedicates one chapter to PPPs initiated by private sector actors with the objective of applying the same rules of competition to all types of PPP. However the question remains what interest is there for a private body to approach a public organisation if it then is subject to the same competition rules as if he was to carry our his own activitity independently ? Social Housing Organisations are at times approached by private companies to carry out housing or urban development projects. This type of cooperation is becoming an attractive option in view of the lack of funding for the construction of social housing affecting much of Europe.

In fact, a private company can make available or re-sell land or a building which it owns with the aim of carrying out mixed development with a social housing organisation. Nevertheless, the green paper defines this type of project  as a PPP on private initiative. However how is it possible to subject a private company to competition on its own land? What is the interest in establishing a partnership in this case?

CECODHAS has approached the Euroean Commission on this point and is of the view that real estate rights are exclusive rights. Public procurement directives are not applicable in the case of exclusive right. The conclusions of the green paper on PPP of private initiative therefore do not have an impact on this type of partnerships, this is even more true as this paper is not regulatory and does not take into consideration the diversity of PPPs in Europe or the interests of bodies which may wish to engage in such partnerships.

Pour en savoir plus :http://ec.europa.eu/internal_market/publicprocurement/ppp_fr.htm