The Amendments To The Public-Private Partnership Law

Original Language Title: Grozījumi Publiskās un privātās partnerības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/216075

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) follows: 1. Replace article 1, point 15, point "c", the words "the law" on procurement for public service needs "with the words" public service procurement law ".
2. Replace article 3 paragraph 1, first subparagraph, the words ' annexed to the Treaty establishing the European Community "with the words" European Union law ".
3. Replace article 4, second paragraph, the words "the law" on procurement for public service needs "with the words" public service procurement law ".
4. Replace article 8, paragraph 1, third paragraph, the words "the law" on procurement for public service needs "with the words" public service procurement law ".
5. To exclude article 9 a fifth and sixth paragraph, the words "the first paragraph".
6. Replace article 16, paragraph 4, first subparagraph, the words "the law" on procurement for public service needs "with the words" public service procurement law ".
7. Supplement article 20, the first paragraph after the number and the words "article 53 in the first paragraph with the words" and the number "and" in article 53.1.
8. Express article 28 the following: ' article 28. Application, the Commission (1) the procurement monitoring Bureau creates an application, the Commission of three members.
(2) application to the members of the Commission's examination of the procurement monitoring Bureau officials.
(3) the examination of submissions, the procurement monitoring Bureau has the right to invite the relevant sector experts and public-private partnerships experts. Expert and peer review submissions in the proceedings of the Commission without the right to vote, but have the right to make independent professional opinion on the application during the examination findings or to give an opinion on the application of the Commission's examination of the questions asked.
(4) the Commission examined the Application of the Commission Chairman, who meet the following criteria: 1) he has a higher education in law (mastered the academic programs of study in law or second level higher professional study programmes in law, obtaining legal qualifications);
2) he has at least two years of work experience in the application of procurement irregularities and knowledge of public and private partnerships.
(5) for at least one more examination of the application, the Member of the Commission meet at least the fourth part of this article, paragraph 1 of the criterion.
(6) On the hearing of an application as a member of the Commission may not be the person and the Commission at the hearing could not call upon any expert or guru that: 1) provided advice on the concession procedure, referred the application to the Commission in the examination of the application;
2) is interested in acquiring the rights to the concession contract;
3) is related to the applicant, or other candidates, who participate in the concession procedure.
(7) the sixth subparagraph of this article, an application for review within the meaning of the Member of the Commission, expert or connoisseur is related to the applicant, or other applicant, if he is the applicant or its subcontractors: 1) merchant or a legal person's current or former officer, employee, Member, or shareholder and if this relationship with a merchant or a legal person run out of the last 24 months;
2) merchant or a legal person, a member of the shareholders or members, which owns at least 10 percent of the capital, or the officials of the father, mother, grandfather, grandmother, child, grandchild, brother, sister, half-brother, half-sister, spouse;
3) natural persons spouse or relative who located this part with that person referred to in paragraph 2, the kinship relations.
(8) examination of application to the members of the Commission, expert or peer relationship with the applicant or another bidder also applies when the applicant is an Association of persons who are members of the economic operator, natural or legal persons with which the Member of the Commission, expert or expert is the seventh part of this article in this connection.
(9) Before the hearing of the application, consideration of the submissions of the Commission, all members, experts and experienced sign a declaration that there is no part of this article mentioned in the sixth condition and that they are not related to the applicant, or other bidders.
(10) the Commission has examined the application to be valid, if the issue is shared by all its members. The decision has been made, if you vote the majority of the members of the Commission. The application of the Commission's decisions shall be taken by a vote "for" or "against". In making its decision, the members of the Commission are independent and are subject only to the law. "
9. Make the article 29 the following: ' article 29. The application (1) a Person who is or has been interested in getting the right to conclude a concession contract and which in relation to the concession procedure, subject to this Act, it shall be deemed to have infringed its rights or possible impairment of these created by any of the laws of the European Union or other violation of the law is entitled to submit a request for applicant selection rules, technical specifications and other requirements pertaining to the concession procedure or a public partner, the partner representative or public concession procedures the Commission on concessions in the course of the procedure.
(2) the exception referred to in the third subparagraph, in the case of the application of the first paragraph of this article breaches the procurement monitoring Bureau you can submit to the concession agreement for the conclusion of the following time limits: 1) within 10 days after the date of this law, article 43, in the first paragraph of article 45 in the first subparagraph or in article 53 that information sent to the person concerned by fax or electronically via a secure electronic signature, or transferred to a person;
2) within 15 days after the date of this law, article 43, in the first paragraph of article 45 in the first subparagraph or in article 53 that information sent by post to the person concerned;
3) 10 days after the date of this law, article 53.1 of the notification referred to in the first paragraph is published in the procurement monitoring Bureau homepage on the internet or in the official journal of the European Union, if the works concession contract price is equal to the contract price of the Cabinet of Ministers set boundaries or higher.
(3) the application for the competition without rules, the selection of the applicant in the notice of invitation to tender and the tender without the applicant selection with the selection of the tenderer in the requirements of the Statute, as well as the application for the invitation to take part in the competitive dialogue procedure requirements in the procurement monitoring Bureau you can submit not later than 10 days before the expiry of the time limit for submission of tenders. Application for the tender to the tenderer referred to in the Statute the selection selection rules, the notice of invitation to tender and the tender for the selection of the applicant without the dialogue procedure requirements and in the competitive dialogue procedure documents for the procurement monitoring Bureau shall be submitted not later than 10 days before the application deadline.
(4) the application shall be submitted in writing and it shall contain the following information: 1) the applicant's name and address (business);
2 the public partner representative) name and address of the dealership, the Commission of the procedure for the application;
3) facts on which the application, specifying the breach;
4) legal basis of the application;
5) applicant's claim.
(5) the procurement monitoring Bureau within one working day of receipt of the application for the concession procedure violations, inserts details of it in your home page on the internet, showing the principal applicant, the public partner, the partner representative or public concession procedures Commission and concession procedure, which the applicant contests the legality, as well as inform the public partner representative on administrative proceedings, sending notice of application received and a copy of the application to public partner representative specified fax number or electronic mail address and a public partner does not switch the concession agreement, pending the submission of the Commission's decision on the results of the examination of application or termination of administrative proceedings.
(6) if the application is lodged by the public partner, the partner representative or public concession procedures the Commission for concessions of the legality and the application procedure for the same concessions already before the procedure is submitted by another applicant, but it has not yet been addressed, these applications can be combined and considered together.
(7) the applicant shall be entitled to withdraw his application, in writing, at any time, as long as the application, the Commission has not acted on it.
(8) the procurement monitoring Bureau is entitled to leave the application without examination in any of the following cases: 1) the application does not correspond to the first, second, third, or fourth part;
2) in relation to the concession procedure concerning the same subject and on the same basis had already been submitted and examined the application;

3) contained in the application is manifestly insufficient to meet the claims of the applicant, or the application is manifestly rejected nature.
(9) in the eighth part of this article, the decision may be appealed to the Court of law. Appeal shall not suspend the decision. "
10. Article 30 of the expression as follows: "article 30. Examination of application (1) Applications, the Commission shall examine the application of the administrative procedure law, if the law does not provide otherwise.
(2) after examination of the application for the concession procedure, infringement of the application, the Commission may, by decision: 1) allow to conclude the concession contract and to maintain the concession procedure requirements documents or public partner, the public partner representative or the concession procedure in the Commission decision, if the application is unfounded or unjustified, but the application, the Commission of irregularities found do not can affect decision on concessions contract award;
2) prohibit to close the concession contract in the event of non-compliance with article 43 of this law, the first paragraph of article 45 or article 53 of the first and fourth subparagraphs;
3) prohibit to close the concession contract and cancel the concession procedure requirements documents or public partner, the public partner representative or the concession procedure in the Commission decision in whole or part thereof, if the application is based and the submissions, the Commission of irregularities found could affect the decision on the concession contract award;
4) to maintain the public partner, the partner representative or public concession procedures the decision of the Commission about the termination of the concession or termination, if the application is unfounded;
5) cancel a public partner, the partner representative or public concession procedures the decision of the Commission about the termination of the concession or termination, if the application is based.
(3) the second paragraph of article 2, 3, and 5. the cases referred to in the application, the Commission may decide on measures to prevent the irregularities found. Application, the Commission may ask the public partner or partner representative for the public to stop the concession procedure only if the public partner, the partner representative or public concession procedures the Commission's removal of the concession procedure irregularities cannot be avoided otherwise.
(4) If the hearing of the application the application for examination, the Commission finds that the application will be rejected without examination, it is able to accept the decision on administrative matters. If the applicant withdraws the application, the administrative procedure shall be deemed to have been dismissed.
(5), the Commission invited Submissions on the consideration of the application for the hearing, the applicant's representative, the public partner of concession procedures for members of the Commission, the applicant, the quotation chosen in accordance with the established criteria for the selection of the offer (referred to in this article — participants). Application, the Commission invited members to the Panel hearing the application at least three working days in advance.
(6) the application, the Commission consulted all the members views. After hearing the participants continue to work without the presence of participants.
(7) the application, the Commission shall evaluate the application, on the basis of the above facts of participants and explanations, as well as expert or expert opinion or opinion. If the parties have not come to the hearing of the application, consideration of the application, the Commission shall examine the application on the basis of the facts available to it. Application, the Commission shall take a decision and three working days after the decision has been sent to the applicant, the public partner representative, as well as other participants who have participated in the consideration of the application hearing.
(8) the application, the Commission, in its decision in addition to the administrative legal proceedings include the following information: 1 the establishment of the grounds);
2) members of the Commission, expert and proficient, which participated in the consideration of the application at the hearing;
3) the applicant, the public partner representative, the concession procedure Commission members and representatives of other participants who participated in the hearing of the application at the hearing;
4) facts which are the subject of the application, and the applicant's claim;
5) main applicant and partner representatives in public argument;
6 justification of the decision);
7) appropriate legal provisions;
8) public partner representative or concessions to the Commission the obligation imposed on the procedure and time limit for this executable if the submission, the Commission shall decide on the measures for the prevention of infringements detected;
9) prohibition or authorisation to conclude the concession contract;
10) where and what time period this decision can be appealed.
(9) if the application, the Commission has decided on measures to prevent the irregularities found, the public partner representative or concession procedures the Commission corrects irregularities and take further action referred to in this law.
(10) the concession procedure the Commission with all information concerning the application of the Commission's examination of the irregularities found in the forward to the procurement monitoring Bureau no later than the date of article 53 of this law in accordance with the procedure laid down in the concession procedure published by the Commission communication on concessions procedures. "
11. Express article 31 the following: ' article 31. The application of Commission decision appeal proceedings (1) the application of the Commission's decision to the applicant, the public or the applicant whose proposal chosen in accordance with the established criteria for the selection of the offer, you can appeal to the District Administrative Court of the administrative procedure law. The case heard by a Court of three judges.
(2) administrative district court decision can be appealed in cassation to the Supreme Court Senate Administrative Department. Other court rulings can be appealed against in accordance with the administrative procedure law.
(3) the examination of the application of appeal the Commission's decision shall not suspend its activity. "
12. To supplement the law with Their chapter as follows: "Their chapter. Recognition of the concession agreement void, the concession contract amendment, cancellation or shortening of contract and compensation procedures article 31.1. Application for annulment of the concession agreement void, its modification or abolition of the rules, or shortening the term of the concession contract and the submission of the relevant proceedings (1) the application for the annulment of the concession agreement void, its modification or abolition of the rules, or shortening the term of the concession agreement may be submitted to the article 29 of this Act, a person referred to in the first subparagraph.
(2) an application shall be submitted to the administrative district court, where the case is heard by three judges. The application and consideration of the Administrative Procedure Act apply to the rules, including the rules on public contracts, the Court insofar as this law provides otherwise.
(3) the application of this law article 31.2 the infringement referred to in the first subparagraph the following time limits: 1) six months after the date of conclusion of the contract of concession, except for this part of the case referred to in paragraph 2;
2) within one month after the date on which the public or a public partner representative informed the applicant of the concession agreement, specifying the article 53 of this law, the fourth part 1 or the information referred to in paragraph 2, or for the conclusion of a concession agreement, specifying its application the reasons for the rejection.
(4) at the same time with the application or at the hearing the applicant during the administrative procedure, in the cases stipulated by law and can ask to apply interim measures, for it means defining the prohibition to perform certain activities related to the implementation of the concession contract.
(5) the administrative district court decision can be appealed in cassation to the Supreme Court Senate Administrative Department. Other court rulings can be appealed against in accordance with the administrative procedure law.
(6) in an action for annulment of the concession agreement void, which is not supported by this law, the circumstances referred to in article 19.4, be submitted to a Court of general jurisdiction in civil law.
Article 19.4. When the concession contract may be declared invalid, amend or rescind it or shorten the term of the concession contract (1) the Court of the concession contract may be declared invalid, amend or rescind it or shorten the term of the concession contract in any of the following cases: 1) the concession agreement is concluded without the application of this law article 17, first paragraph the concessions procedure;
2) concession contract, according to this law, the time limit laid down in article 54;
3) the concession contract in violation of this law, article 29 prohibition laid down in the fifth subparagraph, to close the dealership contract.
(2) the first subparagraph of this article referred to in paragraph 1 in the case of concession contracts may not be declared invalid may not amend, cancel it or shorten the term of the contract, if all the following conditions: 1) public or public partner representative has published this law article 53.1 of the notification referred to in the first subparagraph;

2) concession contract no earlier than ten days and in addition to one working day from the date of this law, article 53.1 of the notification referred to in the first paragraph is published in the procurement monitoring Bureau homepage on the internet or, in the case of public works concession contract price is equal to the contract price of the Cabinet of Ministers set boundaries or higher — in the official journal of the European Union;
3) of this Act has been complied with article 29 prohibition laid down in the fifth subparagraph, to conclude the concession contract.
Article 19.4. Judgment of the Court of Justice of the concession contract (1) if the Court finds that the concession contract in violation of the provisions of this law, and concludes that the application is granted, pursuant to the conditions of this law, even choose one of the following ways: 1) the judgment acknowledges the concessions agreement void from the moment of conclusion;
2) amend or repeal the provisions of the concession contract. Adoption of this judgment, in addition to shorten the term of the concession contract;
3) shortened the term of the concession contract.
(2) the Court shall make a judgment, is not restricted to the applicant indicated in the application object and the boundaries of the claim.
(3) the Court, selecting the first paragraph of this article, 1 or 2, paragraph type to assess which of those specific case are reasonable enough, effective and deterrent to ensure that future public or public partner representative will not allow violations of this law. The first part of this article, paragraph 3 of this article shall be adopted by the Court only in the fourth and fifth in the cases referred to in part.
(4) the Court does not accept the first paragraph of this article, 1 or 2 points of that judgment, if public interest is essential to maintain the concession agreement the consequences. The financial consequences (for example, the cost of the absence of enforcement, artist Exchange, penalties, or other legal obligations) alone is not considered a sufficient basis for the first part of this article 1 or 2 are not referred to in the judgment.
(5) where a concession contract without this law, the time limit laid down in article 54 or in violation of this law, article 29 prohibition laid down in the fifth subparagraph, to close the dealership contract, and it is found that the concession procedure until the decision on the winning discovery, is carried out in accordance with the requirements of this law and that decision is not affected by the applicant's chances of getting the contract, who submitted the application the Court adopted the first part of this article 2 or 3 paragraph of that judgment.
(6) a copy of the Court judgment shall send the procurement monitoring Bureau.
Article 19.5. (1) damages for damage to the administrative procedure shall be made in accordance with the administrative procedure law and the public authorities of the damages caused by the law. A case in tort proceedings in order examine the Administrative District Court of three judges.
(2) if the losses suffered outside the administrative procedure for the reimbursement at the request of the applicant, the Court of Justice shall decide upon the application and accepting any article 19.4 of this Act referred to in the first subparagraph. The obligation to prove the existence of such damage, and the amount of compensation rests with the applicant. After the date of entry into force of the judgment of such damages may request the civil order.
(3) when submitting an application to the procurement monitoring Bureau in accordance with article 29 of this law, damages are sought. Public partner or partner representative public injury damages may request the submission of the application at the Court or addressing the public partner government reimbursement for damage in accordance with the procedure prescribed by law. Procurement monitoring Bureau is not responsible for the public partner or partner representative public injury. "
13. Article 36: make the second and the third part as follows: "(2) the concession procedure, the Commission may at any time with your decision to terminate the concession procedure, if it has objective justification and received the consent of each partner to the public.
(3) If the decision is taken on the dealership termination or termination of concession procedures, the Commission shall forward to the article 53 of this law, the information referred to in the fifth subparagraph, the tenderers shall submit for publication article 53 of this law in the first part of that statement, and prepare a final report (article 55). "
14. Express article 37 as follows: "article 37. The exclusion of the applicant (1) Concession procedures the Commission excluded the applicant from further participation in the concession procedure, as well as not offer applicants in any of the following cases: 1) the applicant or the person having the right of representation or of the applicant, the decision is taken or rights of custody in relation to the applicant, with the judgment of the Court or the Prosecutor's statement about the punishment, which entered into force and become the undisputed, is found guilty of corrupting nature of crime , fraudulent activities in the financial sector, criminal money laundering or involvement in a criminal organisation;
2) applicant with the competent authority's decision or a court judgment which has entered into force and become the undisputed, is found guilty of a fundamental breach of labour law in the form: a) to one or more of the countries or national regulations, which are not members of the European Union, if the Member States of the European Union territory without authorisation, (b)) one person without a written employment contract, if it is found repeatedly during the year If two or more persons at the same time the employment without a written employment contract;
3) applicants with the competent authority's decision or a court judgment which has entered into force and become the undisputed, is found guilty of infringement of competition law in the form of a vertical agreement, the purpose of which is to limit the buyer's ability to determine the resale price or a horizontal cartel agreement, except cases when the institution concerned, finding an infringement of competition law, the applicant is exempted from the fine;
4) has been declared insolvency of the applicant process, suspended or terminated the applicant's economic activity, the initiation of proceedings for bankruptcy or of the applicant, it is noted that until the expected end of the contract period, the applicant will be eliminated;
5) applicant in Latvia and the State in which it is registered or has its habitual residence is the tax debt, including State social security payment of debts, which total more than 100 pounds in each country;
6 the applicant is not registered) licensed or certified in accordance with its national legislation, in which the applicant is a resident;
7) the applicant has not provided information, or has provided false information in its assessment of the qualifications;
8) to the person to whom the possibilities the applicant refer to certify that it meets the qualifications in the notice of invitation to participate in the procedure for concessions or concession procedures documents requirements apply to this part 1., 2., 3., 4., 5., 6., 7. the conditions referred to in paragraph 1.
(2) If the applicant or the first paragraph of this article, point 8 of the person referred to in the insolvency process is suitable for rehabilitation or other similar measures that focus on the possible bankruptcy of the debtor and the solvency restoration procedures, concessions, the Commission, when assessing the possible economic risks and considering the subject matter of the Treaty, may decide on the applicant's exclusion from the concession procedure not in accordance with the first paragraph of article 6, point 4.
(3) the applicant and the first paragraph of this article 8 the person referred to in the first subparagraph 1., 2., and 3. the conditions for exclusion referred to in paragraph 2 shall not apply if: 1) from the date when the become indisputable judgment of the Court of Justice, the Prosecutor's statement as punishment or other competent authority of the decision taken in the context of the first subparagraph of paragraph 1 and in paragraph 2, "a" offences referred to the application or the date of the offer is three years;
2) from the date when the become indisputable judgment of the Court or other competent authority of the decision taken in the context of the first subparagraph of paragraph 2, "b" offences referred to the application or the date of the offer is the last 18 months;
3) from the date when the become indisputable judgment of the Court or other competent authority of the decision taken in relation to the first part of this article, paragraph 3 of the irregularities to the application or the date of the offer is the last 12 months.
(4) If the Commission of the procedure of concession of public databases, can not get the first paragraph of this article 4 and the information referred to in paragraph 5, it shall require that the applicant shall: 1) a certificate issued by the competent institution in Latvia or equivalent body in another country where the applicant or the first part of this article referred to in paragraph 8 of the person is registered (in which their residence), certifying that: (a)) to the applicant and the first paragraph of this article 8 that person is declared insolvency and they wound up not ,

(b)), the applicant and the first part of this article referred to in paragraph 8 a person is registered, licensed or certified in the cases laid down in the laws and regulations specified in the order;
2) statement, issued by the State revenue service or the municipality in Latvia and equivalent to the tax administration authority in another State where the applicant and the first part of this article referred to in paragraph 8 of the person is registered (in which their residence), certifying that the applicant and the first part of this article, in point 8 of that person is not a tax debt, including State social security payment for debt, which totals more than 100 pounds in each country.
(5) to the applicant and the first paragraph of this article 8, paragraph a person assessed in accordance with the first subparagraph of paragraph 2, the Commission of the procedure of the concessions the State labour inspectorates collect information about whether the applicant and the first part of this article referred to in paragraph 8 of the person in Latvia or abroad is punished for such violations related to the employment of persons without a written employment contract.
(6) the concession procedure the Commission the first subparagraph of this article 7. in the case referred to in paragraph excludes the applicant from further participation in the concession procedure where the applicant has not submitted the requested information or concession procedures the Commission itself through competent institutions information which is verifiable and which is public confidence, establishes that the applicant has supplied false information.
(7) if any documents the applicant can demonstrate that it, and the first subparagraph of paragraph 8 shall not apply to the persons referred to in the first subparagraph of this article contains the conditions or are not issued with these documents is not sufficient to demonstrate that it, and the first subparagraph of paragraph 8 shall not apply to the persons referred to in the first paragraph of this article, the conditions specified in the following documents may be replaced by a sworn or If the oath at the national legislation does not provide for, and the applicant, with the first part of this article, the persons referred to in paragraph 8 of the statement of the competent executive or judicial authority, a notary or a competent jury concerned organization to their registration (permanent residence) in the country. "
15. Replace the sixth subparagraph of article 38, the word "send" with the words "to submit".
16. Replace article 39 in the seventh paragraph, the words ' shall be entitled to extend the "with the word" extended ".
17. Article 43 be worded as follows: "article 43. The applicant is informed about the selection results (1) the concession procedure Commission within three working days after the decision is taken at the same time inform all tenderers of the decision taken with regard to the results of the selection of the tenderer (rejected Tenderer shall also submit the reasons for rejection of the application) and the successful tenderers shall be invited to submit tenders. Concession procedures the Commission shall inform all tenderers of the period within which a person pursuant to article 29 of this law the second part of paragraph 1 or 2, may submit to the procurement monitoring Bureau application for the concession procedure violations. The meaning of this article, it is considered that the information passed to all applicants at the same time, if the information passed to them one day.
(2) the concession procedure the Commission information about the results of the selection of the Tenderer shall send by mail, fax or electronically via a secure electronic signature, or served personally.
(3) the concession procedure, the Commission, having informed the applicant of the results of the selection will retain proof of shipment or transfer information, date and type. "
18. Express 45. the first paragraph by the following: "(1) the concession procedure the Commission in article 43 of this law established shall inform all tenderers who have submitted article 44 of this law referred to in the first subparagraph, the applicant requests the selection results, showing candidates who are invited for an interview, and the other article 43 of this law, the information referred to in the first subparagraph."
19. Make article 53 the following: "article 53. Communication on concessions procedures results and the order in which tenderers shall be informed of the results (1) the concession procedure at the same time, the Commission shall inform all tenderers of the decision taken with regard to the concession contract. This information is sent no later than the date of concession procedures Commission communication on concessions procedures results published in the procurement monitoring Bureau homepage on the internet in accordance with the second paragraph of this article. The meaning of this article, it is considered that the information passed to all applicants at the same time, if the information passed to them one day.
(2) the concession procedure the Commission communication on concessions procedures results send the procurement monitoring Bureau for publication. Procurement monitoring Bureau within three working days of receipt of the verification of compliance with the content requirements of the law and place it on your home page on the internet. The representative of the public partner shall ensure publication of the procurement monitoring Bureau homepage on the internet.
(3) the notice of concession procedures results shall also be published each partner representative public website on the internet.
(4) the concession procedures the Commission shall notify the name of the successful tenderer, including: 1) rejected tenderer in the tender submitted it the reasons for rejection;
2) applicant who submits an appropriate offer, tender and the successful characteristics of conditional benefits if the tender selection criteria defined in the economically most advantageous tender;
3) the period within which the applicant, pursuant to article 29 of this law in the second subparagraph of paragraph 1 or 2, may submit to the procurement monitoring Bureau application for the concession procedure violations.
(5) If the concession procedure is terminated or suspended, the concession procedure Commission within three working days after the decision is taken at the same time inform all applicants of all the reasons for which the concession procedure is terminated or suspended. Concession procedures the Commission shall inform all tenderers of the period within which a person pursuant to article 29 of this law the second part of paragraph 1 or 2, may submit to the procurement monitoring Bureau application for the concession procedure violations.
(6) the concession procedure the Commission, informing about the results, is entitled not to disclose certain information if it can be detrimental to the public interest or it gets, violated the applicant's legitimate commercial interests or fair competition rules.
(7) the concession procedure the Commission information about the results sent by mail, fax or electronically via a secure electronic signature, or served personally.
(8) the concession procedure the Commission, informing about the results, retain proof of shipment or transfer information, date and type. "
20. To supplement the law with article 53.1 the following: ' article 53.1. Voluntary statement of concession procedures results (1) the Public or public partner representative this law, 3. in the cases referred to in article may be submitted for publication in a voluntary statement of concession procedures.
(2) the voluntary statement of concession procedures results are published so that interested parties can challenge the validity of the concession procedure carried out, without publishing a notice of invitation to participate in the concession procedure or certain concessions to the validity of the procedure, as well as to prevent 31.3 of this law referred to in the first subparagraph. "
21. the express 54. article as follows: "article 54. The concession contract (1) the Public partner or partner representative public concession contracts with private partners switch not earlier than on the working day following the end of the standstill period, if the procurement monitoring Bureau has no article 29 of this law in accordance with the procedure laid down in the filed application for the concession procedure violations.
(2) the first paragraph of this article, the waiting period is: 1) 10 days after the day on which this Act article 53 fourth paragraph that information sent to all applicants by fax or electronically via a secure electronic signature, or transferred to a person, and in addition to one working day;
2) 15 days after this law article 53 fourth paragraph referred to the date of dispatch of the information, if any applicant it sent by mail, and in addition to one working day.
(3) the concession contract may be concluded without regard to the first part of this article, unless the tenderer is awarded the concession contract and not by other interested persons would be entitled to submit an application under article 29 of this law. "
22. transitional provisions be supplemented with 11, 12, 13, 14, 15, 16 and 17 as follows: "11. This law, article 37, first paragraph, point 2 and 3 of the tenderer referred to in the conditions of exclusion, which shall enter into force on 7 September 2010, attributable to the applicant or the person to whom the possibilities the applicant refer to certify that it meets the qualifications in the notice of invitation to participate in the procedure for concessions or concession procedures documents requirements If the offence is committed or continues after 6 September 2010.

12. Article 37 of this law, the first subparagraph of paragraph 5, which shall enter into force on 7 September 2010, is applicable also to the concession procedures, which are advertised by 2010. on 6 September, unless the applicant excluded from participation in the concession procedure until 2010 September 6.
Amendment 13 article 20 of this law in the first part of article 29 and article 53.1 of the second paragraph of point 3, which regulates the voluntary statement of concession procedures, as well as the second part of article 31.2 shall enter into force on 1 October 2010.
14. The Cabinet of Ministers to the 2010 October 1 issue of new article 20 of this law, the provisions referred to in the first paragraph.
15. Article 31 of this law, the new final, which shall enter into force on 7 September 2010, does not apply if the application of the procurement monitoring Bureau's application, the Commission of the decision taken by the appeals filed in court until September 6, 2010.
16. Article 31.1 of the Act referred to in the first subparagraph, the application can be made, if the right to conclude a concession contract emerged after 6 September 2010.
17. in a case in tort proceedings in order that the investigation launched but not completed until September 6, 2010, completed the deal in accordance with the legislation in force until 2010 September 6. "
23. Make the informative reference to European Union directives as follows: "Informative reference to EU directives, the law includes provisions resulting from: 1) of the Council of 21 December 1989 on the directives on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts;
2) of the European Parliament and of the Council of 31 March 2004, Directive 2004/18/EC on the coordination of public works contracts, public supply contracts and public service contracts award procedures;
3) of the European Parliament and of the Council of 31 March 2004, Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors;
4) of the European Parliament and of the Council of 16 November 2005 Directive 2005/75/EC correcting Directive 2004/18/EC on the coordination of public works contracts, public supply contracts and public service contracts award procedures;
5) of the European Parliament and of the Council of 11 December 2007 of Directive 2007/66/EC, Council Directive 89/665/EEC and 92/13/EEC is amended with regard to improving the effectiveness of review procedures concerning the award of public contracts;
6) the European Parliament and of the Council of 18 June 2009 on the 2009/52/EC laying down minimum standards on sanctions and measures against employers of illegally staying third-country nationals staying illegally. "
The law shall enter into force on 7 September 2010.
The Parliament adopted the law of 25 august 2010.
President Valdis Zatlers in Riga V 2010 September 3