The Amendments To The Public-Private Partnership Law

Original Language Title: Grozījumi Publiskās un privātās partnerības likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/op/2013/183.3

The Saeima has adopted and the President promulgated the following laws: public-private partnership law to make public-private partnerships Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2009, no. 16; Latvian journal 2010, 140. No.) the following amendments: 1. Express article 1, point 7 by the following: ' 7) service concession contract: a contract under which a public partner order the private partner provides the public procurement rules referred to in annex 2, and as a reward, or the most relevant part of the consideration for this service is obtained the right to operate those services (paragraph 8 of this article), but at the same time it is passed to the service operation, are also risks (paragraph 9 of this article), or the major part of this risk. The service concession contract may also include public procurement rules referred to in annex 1 of the works, which is the subject of this contract is not essential; ". 2. Add to the third paragraph of article 8 paragraph 3 with the following: "3) in the cases specified in the law, draw up a protocol of administrative offences and the penalties applicable to infringements of the administrative public procurement and public-private partnerships." 3. Article 9: make a fifth by the following: "(5) for public and private partnership agreement does not cause unwanted effects on the national budget long-term commitment and debt, the management authority shall assess public-private partnership assets conditions according to the opinion of the Ministry of Finance (article 15, paragraph 2) contains provisions on the following documents: 1) the concession procedure documents (the second paragraph of article 1, 2, 3 and 4;) 2) partnership procurement documents (Charter, partnership contracts and amendments in the draft, as well as new partnerships contracts in this law, the application of the rules in Chapter XVII), unless in the opinion of the Ministry of Finance (article 15, second paragraph) have stated that monitoring bodies review the documents is not necessary; 3) public-private partnership contract execution statements. "; Add to article 6.1 of the part as follows: "(61) if the supervision authority has issued an opinion that the public-private partnership assets, the conditions of this article referred to in the fifth subparagraph, the partnership documents the procurement procedure does not comply with the opinion of the Ministry of finance, the provisions contained in the public partner representative asks the partnership procurement procedures for the Commission to change the public and private assets of the partnership conditions to match the Finance Ministry rules contained in the opinion of the or taken a decision on the partnership's termination of the procurement procedure. "; Replace paragraph 1 of part 9, the word "concession" by the words "public and private partnership". 4. transitional provisions be supplemented by the following paragraph 18: "18 to relevant amendments to the Latvian Code of administrative offences of procurement monitoring Bureau decision on administrative infringement of the public procurement and public-private partnerships in the field of administrative penalties: disqualification to take government officials — the executive positions in the following order: 1) the procurement monitoring Bureau, after the decision has become the undisputed and non-appealable, informed of all decisions taken by its authorities that punished the person occupying the position of the public official, as well as the higher authority (except in higher institutions or higher institution are not Cabinet) or capital owners or holders, if the institution is a corporation; 2) after it became the undisputed and non-appealable, convicted person is obliged to the period referred to in the decision not to occupy such positions of public officials whose duties include decision making public procurement and public-private partnerships in the field or procurement contracts, general arrangement, partnership contracts or concession contracts, as well as to take the relevant decisions and not to conclude the appropriate contracts. Government officials from such posts the person punished resign within one month from the date of the decision to become the undisputed and conclusive. " The law shall enter into force on the day following its promulgation. The Parliament adopted the law in 2013 on September 5. The President of the Parliament instead of the President's Āboltiņ 2013 in Riga on September 19.