Brussels, 27/10/2006 (Agence Europe) - On Thursday 26 October, the European Parliament adopted the own-initiative report by German Social Democrat Barbara Weiler on the Commission's Green Paper on public-private partnerships (PPPs). In line with the vote of the Committee on the Interior Market, MEPs rejected the idea of a regulatory framework specific to PPPs but took a stance in favour of a directive on concessions and an interpretative communication on so-called institutionalised PPPs (see EUROPE 9284).
After the vote, Barbara Weiler told EUROPE of her satisfaction that the plenary had taken on board most of the political messages that she supports. Above all, MEPs are of the view that an eventual legislative text on concessions should define concessions in relation to public markets and allow local authorities to choose the best partner through flexible, transparent and non-discriminatory means according to pre-defined criteria. They call on the Commission to learn from the experience of “competitive dialogue” in order to submit recommendations concerning a procedure for attributing concessions. Introduced by the new directives (2004/17/EC and 2004/18/EC) on public markets, competitive dialogue is a new procedure for awarding contracts during which a public entity and potential tenderers begin pre-contract dialogue in order to define the public contract as exactly as possible, generally covering the realisation of major infrastructures.
Ms Weiler also noted that there is consensus among MEPs in favour of clarification by the Commission of the rules governing in-house management, which allows public entities - subject to conditions - to attribute contracts without being placed in a competitive situation. French Socialist Gilles Savary says in a press release: “We must clarify when and under what conditions a municipality can delegate the management of a public service to a private company or to a mixed economy company”.
The EP is also hoping for clarification on the so-called institutional PPPs, that is, those which foresee the creation of a separate entity held by both public and private partners. Ms Weiler recognised that there was no agreement between the PES and Greens/EFA Groups in favour of a binding legislative act and the EPP-ED and Liberal Groups approved the idea of an interpretative communication. The second solution was finally carried by the plenary, thus confirming work underway within the Commission and work expected for the end of the year.
The only amendment adopted in plenary concerned the EP's opposition to the development of rules concerning the awarding of public contracts below the levels applicable at EU level. MEPs stress the role of Member States in implementing principles included in the Treaty on transparency, non-discrimination and the freedom to provide services. They recall that the development of rules on public procurement at EU level is a prerogative of the Council and the EP. Germany recently filed a complaint with the Court on the subject of an interpretative communication by the Commission on public procurement of low value. (mb)
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