Question 14 of the PPP Green Paper
Question Do you think there is a need to clarify certain aspects of the contractual framework of PPPs at Community level? If so, which aspects should be clarified? |
Main views of stakeholders • A large majority of stakeholders say that an EC initiative on the contractual framework of PPPs is not needed. A considerable number of stakeholders ask, however, for some sort of clarification in this area. |
A large majority of contributors express themselves against any EC initiative on the contractual framework for PPPs, arguing that on the one hand this area falls within national competence for contract law and that on the other hand new EC rules might complicate existing public procurement procedures and thus lead to more bureaucracy.
A considerable number of stakeholders are, however, in favour of some sort of clarification at EC level in this area. Issues which - according to these stakeholders - require clarification are the extent of the rights and obligations of the contractual partners, the requirement that contracting authorities compare the advantages of private and public performance, the standardisation of contracts and the procedures for regulating conflicts. An argument in favour of such an initiative is - according to one contributor - the possible reduction of sometimes prohibitively high transaction costs.
Many stakeholders believe, however, that the relevant clarifications should be provided at national, rather than at EC level. One stresses that the introduction and assessment of contractual standards for PPPs is an issue for private parties.