LR: Amendments to the Public Private Partnership Law

The amendments prescribe how the results of the procedure of the concession will be published, how the candidates will be informed on the results of the selection, on the decision on the conclusion of the concession agreement, and the time span for its conclusion. It also prescribes how a claim can be submitted when a provision of the procedure is violated, when a concession agreement was invalid from the moment it was concluded, how the provisions can be amended or cancelled or when the period of the concession can be shortened.

The Commission in charge of the concession procedure must inform the candidates not only on their decision, but also on the term when one can submit a claim to the Procurement Monitoring Bureau that the concession procedure was violated. It must inform the candidates which were rejected of the reasons why. The candidate, who has submitted an appropriate application, is informed on the characteristics of his application and on the most advantageous proposal selected, if the criterion for choosing the offer was economic profitability. The commission keeps evidence on the date the information was transmitted.

The minimal period for concluding a concession agreement is, as determined in Directive 2007/66/EC, is brought to 10 days or 15 days, depending on the transmission of the information. In addition to this period, a working day is determined, when the Procurement Monitoring Bureau places the information on the submitted application on its website.

Any claim is from now on to be submitted directly to the Procurement Monitoring Bureau, and not to the representative of the public partner and the Commission of the concession procedure.

The amendments determine further that the decision taken by the commission may be appealed in the Administrative District Court, and the court ruling may be appealed in the court of cassation, thus reducing pressure on the judiciary system and speeding up the process.

The PPP law is supplemented with a paragraph 31.1, which determines the cases when a decision or an activity of the commission can be appealed in the administrative regional court, if the concession agreement has been concluded illegally. In these cases the court decides either to annul the agreement from the moment it was concluded, to amend or cancel its provisions, or to shorten the term of the agreement.

The amendments also incorporate in the law a regulation contained in supplement 18 of Directive 2009/52/EC, to apply a sanction: a ban from participating in a concession procedure in a member state, if the candidate is employing citizens of a third country if they reside illegally in the EU.

The amendments came into force on 7 September 2010.