3.2.  Selection of the private partner

Many contributors consider that the transposition of the new procurement procedure known as competitive dialogue into national law will provide interested parties with a procedure which is particularly well suited to awarding contracts designated as public contracts, while at the same time safeguarding the fundamental rights of economic operators. However, a large majority of stakeholders point to practical problems with applying this procedure and ask the Commission to provide clarification.

In spite of the positive overall perception of the existing Community legal framework, a clear majority of stakeholders favour some sort of Community initiative in the area of concessions, clarifying definitions and core principles of the award procedure. The number of stakeholders in favour of legislation on this issue approximately equals the number of stakeholders in favour of some sort of guidelines on the rules applicable to awarding concessions.

The great majority of stakeholders believe that non-national operators are guaranteed access to private initiative PPP schemes and that advertising is adequate to inform all interested operators about such schemes. A large number of stakeholders, however, argue in favour of some sort of encouragement for private initiative PPPs.