80. Law 54-05 of 16 March 2006 on delegated management of public services governs the contracts signed by public institutions and local governments or their consortia, specifying the forms and procedures for awarding concessions and fixing the rights and obligations of the concessionaire over the long term. The main sectors under the concession regime are: power generation, drinking water distribution, irrigation and sanitation, and the motorways network. At the regional level, concessions have been introduced for waste collection, urban transport, and public lighting. The legal framework seeks to ensure equitable risk sharing and give visibility and security to national and foreign investors interested in delegated management of public services and facilities. It is intended to signal Morocco's economic openness and its willingness to respect transparency in awarding delegated management contracts. However, the scope of the Law is restrictive and does not apply to concessions by central government authorities and state-owned enterprises. The promulgation of a new PPP-specific law (Law 86-12 of December 2012) might further benefit PPP development but this remains pending.
81. The final text of Law 86-12, the new PPP Law, was adopted by the House of Representatives on 12 February 2014. It draws heavily on French law and outlines the principles governing the award of PPP contracts and their content. It will allow the use of PPPs in sectors where it is not appropriate to allocate operating risks to the private party including non-commercial sectors of a social infrastructure nature such as hospitals. The law will enter into force on the effective date of its implementing regulations9.
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9. Gide Loyrette Nouel, July 2014, Newsletter. Available at: www.gide.com/sites/default/files/gide_france_northafrica_ohada_newsletter_no1_en_jul2014.pdf.