Question

Do you think that an initiative needs to be taken at Community level to clarify or define the obligations of the contracting bodies regarding the conditions requiring a call for competition between operators potentially interested in an institutionalised project? If so, on what particular points and in what form? If not, why not?

Main views of stakeholders

•  A clear majority of contributions favour an EC initiative on institutionalised PPPs, primarily to provide clarification on applying existing public procurement rules to setting up such PPPs.

•  In particular, there are calls to clarify the definition of in-house relations at EC level.

•  A majority of contributors favour guidelines or an interpretative communication, rather than legislation, as an appropriate form of clarification on IPPPs.

•  Many contributors are opposed to any initiative on IPPPs at EC level.