Public-Private Partnership Law

Original Language Title: Publiskās un privātās partnerības likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/194597

The Saeima has adopted and the President issued the following law: public-private partnerships Act (A) the General provisions of section chapter I. General matters article 1. The terms used in the law, the law is applied in the following concepts and terms: 1) public and private partnerships, public and private sector cooperation, which at the same time characterized by the following features: (a) cooperation between) one or more public partners and one or more public-private partnerships involved in the procedure of private partners, b) works to ensure the needs of public works or the provision of services, (c)) it is a long term cooperation that lasts up to 30 years, but in the cases provided for in this Act also extended, d) public and private partner combine and use the resources available to it (for example, property, financial resources, knowledge and experience), e) responsibility and risks are divided between the public partner and the private partner;
2) contractual public-private partnerships (hereinafter contractual partnership) — public-private partnerships, in which the public and private sector cooperation, the public partner and the private partner switch and execution of partnership contracts or concession contracts;
3) institutional public-private partnerships (hereinafter referred to as the institutional partnership) — public-private partnerships, in which the public and private sector cooperation, in accordance with the procedure laid down in this law, jointly creating kopsabiedrīb, which as a partner with the private public partner switch partnership contracts or concession contracts;
4) partnership contracts, public works contracts (if it include built in shipbuilding management) or a public service contract (if it include works that are the subject of this contract is not an essential part), which concluded a public partner and the private partner for a period longer than five years;
5) concession contract — public works concession or a service concession contract agreement to be concluded between the public partner and the private partner;
6) works concession contract: a contract under which a public partner order the private partner made shipbuilding design and public procurement rules referred to in annex 1 of the works or just the public procurement law in annex 1 of the works, as remuneration or reward the most relevant part of acquiring the right to operate a built structure (paragraph 8 of this article), but at the same time it is passed into this construction also risks (paragraph 9 of this article), or the major part of this risk;
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. If the service concession contract also includes public procurement rules referred to in annex 1 of the works, which are not the subject of this agreement for the major part, such contract shall be deemed to be a public service contract;
8) the right to exploit the construction or service-the right to receive payment from the shipbuilding or end users of the service or the right to receive from the public partner remuneration of depends on end-user demand for housing or services, or to receive a payment from both buildings and end users of the service and the remuneration from the public partner;
9) or services operating structures, economic risks are the risks when the private partner's income depends on construction or service end user demand for such structures or services (demand risk) or whether the construction or service is offered to the end user according to those laid down in the concession contract concluded (availability risk), or both on the demand and the availability of risk venture;
10) the end user — person, except a public partner and the private partner concession contract case construction or use the service, which operates the private partner;
11) public-private partnership contract, partnership contracts or concession contracts;
12) partnership – the partnership procurement procedures procurement contract acquisition procedures;
13) procedures — the concession the concession contract award procedure;
14) public-private partnership — partnership procedures procurement and concession procedures;
15) public partner — as the public partner can be one or more of the following entities: (a) as in the original) the national public law legal person b) derived from public law legal person, public authority, or (c)) public authorities the company law "on procurement for public service needs", d) this article referred to in paragraph 16 of the entity as a public partner;
16) legal person as a public partner, Corporation or other legal entity of private law, which simultaneously meet the point of point "a" and "b" or "c" to the point: a) it is established or works to ensure the public's General requirements that are not of a commercial or industrial in nature, (b)) the group law in the country, the public person or derived such legal entities which meet the criteria referred to in this paragraph that directly or indirectly affect the casting, c) it more than 50 percent financed by the State, derived public person or a legal entity that complies with the criteria referred to in this paragraph;
17) General requirements that are not of a commercial or industrial nature — if not associated with direct access to goods and services on the market and which are important for the provision of public interest;
18) public partner representative: (a) the regulatory authority), the public person's organs or individuals that the Government installations in accordance with the procedure prescribed by law is delegated the task concerned and which are laid down in article 16 of this law in the sixth Cabinet of Ministers referred to in the decision, if the partner is a public State as the original public law legal person b) direct regulatory authority, a public body or a private individual of the person to whom the Government plants in accordance with the procedures specified in the Act is delegated the task of Government and established 16 of this law. the sixth article referred to the decision of the child public people, if the public partner is derived public person, (c) a corporation, if the Board of) the public partner is a State or municipal corporation, d) private law legal persons by the institution in accordance with its governing legislation is entitled to represent the legal person if the public partner is the other private-law legal person who is not a State or municipal corporation;
19) the applicant — person or Association of persons who participate in the procurement procedure of the partnership or the concession procedure;
20 the applicant proposed by financier) — the person in accordance with the procedure laid down in this Act provides funding to public partner representative with the conclusion of a new public-private partnership contract if the original contract is terminated before the deadline;
21) private partner or applicant created the target company (contractual partnership) or kopsabiedrīb (in the case of institutional partnership), with which the public partner has entered into a public-private partnership agreement;
22) kopsabiedrīb — the Corporation established by the public partner and the public-private partnership procedures led to the applicant (private);
23 members, contract), which in the case of institutional partnership signed kopsabiedrīb members or shareholders (hereinafter referred to as the participant) and regulating public and private partners as members of the kopsabiedrīb of the right of members to promote public and private partnerships for the implementation of the contract;
24) Sponsor: a person who provides the funding for the private partner to the public-private partnership contract enforcement;
25) information exchange agreement — a contract in accordance with the procedure laid down in this law, the public partner with funders and regulating the procedures for the exchange of information between the public partner and sponsor, providing public and private partnership for the implementation of the contract and funding intervention rights;
26) the target company — company, which in the cases specified in this Act established a public-private partnership procedures led to the applicant, to the public partner with this company closed public and private partnership agreement;
27) management authority-Cabinet established institution that performs this Act referred to in article 9;
28) procedures Commission concessions — public partner representative or representatives of several public partners of the Commission set up the concession procedure;

29) submissions, the Commission – the Commission, the establishment of the procurement monitoring Bureau, to consider the submissions of the concession procedure irregularities;
30) public partners resources — public partner owned a corporeal thing or things that togetherness without separate payment is transferred to the private partner or use kopsabiedrīb's share capital is invested in accordance with the public and private partnership agreement;
31) the most economically advantageous tender: the bid selection criterion that takes into account factors such as supply or contract deadlines, operating and other costs, the efficiency of the work or service quality, aesthetic and functional characteristics, environmental requirements, technical advantages, availability of spare parts, security of supply, price, and another with the object of the concession contract related factors that have to be expressed specifically and objectively comparable or assessed;
32) contract price — the total payment of public and private partnership for the implementation of the contract (not taking into account the value added tax). This also applies to the total amount of funds (excluding value added tax) by the private partner for implementing the rights and obligations arising from the public and private partnership agreement and which may also include end user payments. 2. article. The purpose of the law (1) of the Act is to promote public and private sector cooperation, the effective use of public and private partners partners resources to meet the needs of society, ensuring transparency, free competition and equal and fair treatment of public-private partnership.
(2) the law also aims to promote the conclusion of public-private partnership contract commitments up to the end of the term, promoting public-private partnerships in the contract for works or service continuity. 3. article. Exceptions to the application of the law (1) this Act does not apply to concession contracts, if the concession contract concluded pursuant to other laws and awarded according to: 1) an international agreement pursuant to the Treaty establishing the European Community concluded by a Member State of the European Union with one or more non-Member States of the European Union for works or services in connection with the agreement signed by the country's participation in a common measure or its result. Public partner of any such agreement shall be notified to the European Commission;
2) an international agreement relating to the deployment of troops and of the Member States of the European Union, companies or State enterprises, which is not a Member State of the European Union;
3) the particular procedure of an international organization.
(2) this Act does not apply where: 1) the Cabinet of Ministers, in accordance with the laws and regulations information on the concession contract determines the security mode;
2) concession contract performance associated with specific national measures for the protection of professional secrecy;
3) its application could harm the essential interests of the State. Essential for the protection of the public interest in each specific case decided by the Cabinet of Ministers.
(3) this Act does not apply to the concession contract, which main purpose is to provide the public partner shall maintain public electronic communications network or one or more of the public partner provides to the publicly available electronic communications services. This exception does not apply to television and radio broadcasting. 4. article. Legal framework (1) partnership contracts applicable public procurement law, if the law does not provide otherwise.
(2) the law "on procurement for public service purposes" subject to partnership contracts that apply rules of law, if the law does not provide otherwise.
(3) the concession agreement and the institutional partnership that applies rules of law.
(4) the formation of Kopsabiedrīb, operation and termination of rules applied to commercial law, if the law does not provide otherwise.
(5) the arrangements are managed in State and local governments in the capital kopsabiedrīb, is governed by the law on State and local government owned capital shares and enterprises ".
(6) If several public partners switch one of the public-private partnership contract with private partners, Governments, equipment rules on cooperation in public administration applies in so far as this law provides otherwise.
(7) If a public-private partnership is designed for any of the business support, applied for the granting of aid in support of business control law.
(8) the provisions of chapter XIV of this law are not applied to public partner that provides public financing of its partnership in action funds. 5. article. The scope of the law (1) of the Act provides: 1) Procedure Act public partners and public representatives of the partners, if they jointly concluded one of the public-private partnership agreement;
2) order in which a decision has been taken on public and private partnership procedure;
3) public-private partnership contract to be information as well as procedures may be amended or terminated before the term public-private partnership agreement;
4) compensation, termination of public and private partnership agreement before the deadline;
5 the procedure for the establishment of the target) and the order in which to switch the target public and private partnership agreement;
6) the exchange of information, contracts and finance interventions for the implementation of the law;
7) public-private partnership contract registration and availability;
8) rules for transactions with private partner released a public partner resources.
(2) the concessions law defines: 1 law enforcement exceptions);
2) information exchange, the concession procedure documentation and document retention regulations;
3) concessions Commission procedures and operational procedures;
4) submission the Commission and operational procedures;
5) concession procedures, procedures for their implementation;
6) specific conditions works concession procedure.
(3) in the field of institutional partnership law States: 1) procedures are chosen for the private member kopsabiedrīb;
2 the procedure for the establishment of the kopsabiedrīb), the nature of the action and the provisions of the winding up;
3) procedure is closed, amended or terminated public and private partnership agreement in a case of institutional partnership;
4) compensation, termination of public and private partnership agreement before the deadline in the case of institutional partnership;
5) the exchange of information, contracts and finance interventions right on the institutional partnership.
(4) public and private partnership in the field of the monitoring of the law States: 1) public-private partnership process supervisory bodies and their competence in matters of supervision;
2) management authority, funding and its regulatory legislative approval procedure;
3) supervisory organ functions, rights and obligations;
4) order in which the supervisory authority operates as a public-private partnership expertise Centre;
5) public-private partnership contract follow-up procedures. 6. article. The public partner joint public-private partnership agreement (1) any public-private partnership contract with private partners may conclude several public partners.
(2) If several public partners switch one of the public-private partnership contract, the public representatives of the partners conclude an agreement in writing to: 1) about who the public partner representative will carry out the procurement procedure of the partnership or the concession procedure;
2) about the order in which they will decide if you need a common public or public decision of the representatives of the partners;
3) about the order in which they coordinate views if you need to separate each public partner or representative of the decision;
4) about who the public partner representative concluded information exchange agreement with the donor and determine the order in which the representatives of the public partner shall exchange the information necessary for the execution of this agreement, unless the sponsor does not wish to enter into an information exchange agreement with each partner's public representative;
5) about the order in which they bear the necessary expenditure;
6), arrangements for the public partner representative who will make the partnership procurement procedure or the procedure for concession on the progress of the procedure in question will inform other public partners.

(3) the second paragraph of this article, the requirements for a common public or public decision of the representatives of the partner shall apply, if the law does not specify that the decision to adopt the public each partner (sixth paragraph of article 16, article 36, paragraph 2, article 61, paragraph 1, article 72, 86, the third part of the first paragraph of article 1, article 87 of the first subparagraph of paragraph 1, article 103 in the third and fourth 112. Article 113 of the fourth and the third part of the article) or each public partner representative (article 33, paragraph 1, article 47, paragraph 2, article 61, paragraph 2, article 64, the third part of the sixth paragraph of article 73, article 74, paragraph 2, article 79, the third part of article 90 of the first and second subparagraphs, and article 92 of the third).
(4) the public partner representative, in accordance with the second paragraph of article 1 of the partnership carry out procurement procedures or the concession procedure: 1) this law shall establish the procedure for concession Commission, which included representatives of other public partners suggested;
2) provides information, announcements or receive information intended for the public procurement Act, this law or public-private partnership agreement;
3) keep the concession procedure of Commission documents in article 22 of this law.
(5) If this law provides that the concession procedure, Commission decision is binding on the public partner representative, this decision is binding on all public representatives to Nehru, who signed the agreement referred to in the second subparagraph.
(6) the concession procedure rules (hereinafter rules) and, if necessary, also other concessions procedure documents the public partner representative, in accordance with the second subparagraph of article 1 will be the concession procedure, as well as in writing inform the supervisory authority.
(7) in the case of institutional partnerships, if public-private partnership contract closed several public partners, of the kopsabiedrīb of the participants can become all the public partners or any of these public partners.
(8) in the case of institutional partnerships, if kopsabiedrīb contains several public partners as members of the kopsabiedrīb, each partner of the public as a member of the public, to be implemented in a separate legal rights or carrying out the actions provided for in the law, unless this law provides that the right to exercise or perform all the operations of the public kopsabiedrīb partners together.
(9) where several public partners switch one of the public-private partnership contract, the opinion of the supervisory authorities and other public documents send to each partner representative. 7. article. Institutional partnerships (1) public-private partnership contract is fulfilled can create kopsabiedrīb, if the public is willing to make enhanced public-private partnership contract execution control and participate in the management of the Corporation and shall comply with the following provisions: 1) business by the kopsabiedrīb under the public-private partnership contract, according to the State administration of machine can also make public law partner;
2) kopsabiedrīb will take a public partner or laid down in the laws and Government installations in accordance with the procedure laid down in the law delegated the task of Government, if it complies with the terms of the delegation.
(2) the Public partner who wants public and private partnerships to create kopsabiedrīb the execution of the contract, it shall be indicated in the decision public and private proceedings (article 16, sixth paragraph).
(3) in the case of the creation of the Kopsabiedrīb private members in collaboration with public partners as members of kopsabiedrīb take kopsabiedrīb managed to kopsabiedrīb as a private partner to ensure public and private partnership for the implementation of the contract. Chapter II. Public-private partnership process monitoring article 8. (1) the competent institution public-private partnership process is supervised by the Ministry of finance, the procurement monitoring Bureau and supervisory body.
(2) the Ministry of finance assesses the financial and economic condition for the calculations of the expected impact on the long-term commitment of the budget and the national debt and give an opinion on them.
(3) the procurement monitoring Bureau: 1) monitor the partnership procurement public procurement law and the law "on procurement for public service needs" in the order;
2) examine applications for the concession procedure violations of this law, 28, 29 and 31 in article 30.
(4) the Supervision Authority shall be determined by the Cabinet of Ministers.
(5) according to the competence of the public-private partnership process supervised by the National Audit Office and other competent institutions. 9. article. Supervisory authority functions, rights and obligations (1) the supervisory authority shall assess the financial and the slow-down of the smoke for the calculations and assumptions contained in the distribution of risks between the public partner and the private partner in the public-private partnership contract and give an opinion on them.
(2) the supervisory authority's opinion as to whether the distribution of risks between the public partner and the private partner concession contract complies with this Act, provides the following cases: 1) of the Statute and its accompanying concession agreement draft article 33 of this law in the case;
Charter amendment 2) of article 35 of this law in the fourth paragraph in that case;
3) the concession agreement draft amendments of article 64 of this law in the case referred to in the first paragraph;
4) concession contract on the new project of this law article 82 in the third case referred to.
(3) if the supervision authority has issued a negative opinion on the financial and economic assumptions and included in the calculation of the distribution of risks between the public partner and the private partner in the public-private partnership contracts, the public partner representative future actions envisaged in this law is made. If the supervision authority has issued an opinion that the allocation of risks between the public partner and the private partner does not comply with the dealership contract, within the meaning of this law, the public partner representative future actions envisaged in this law is made. In this case, the public partner representative asked the concession procedure the Commission to carry out the distribution of risk changes that match the concession contract for the purposes of this Act, or to take a decision on the suspension of the concession procedure in accordance with article 36 of this law the second part.
(4) the procedures for monitoring body provides in the first subparagraph to those opinions, including opinions of the term, subject to the financial and economic calculations for the contract price and the distribution of risk between the public partner and the private partner, determined by the Cabinet of Ministers.
(5) the Supervision Authority shall assess public-private partnership asset tracking compliance with the first paragraph of this article, second paragraph, 1, 2, 3 and 4 concession procedure referred to documents and public-private partnership contract performance reports — whether they correspond to the opinion of the Ministry of Finance (article 15, paragraph 2) the set of rules for public and private partnership agreement does not cause unwanted effects on the country's long-term budget commitments and government debt.
(6) if the supervision authority has issued an opinion that the public-private partnership assets, the conditions of the first paragraph of this article, second paragraph, 1, 2, 3 and 4 concession procedure referred to in the documents does not correspond to the opinion of the Ministry of finance conditions, contained in the public partner representative future actions envisaged in this law is made. In this case, the public partner representative asked the concession procedure the Commission to carry out public-private partnership assets changes in conditions that comply with the opinion of the Ministry of finance conditions contained in, or to take a decision on the suspension of the concession procedure in accordance with article 36 of this law the second part.
(7) if the supervision authority has issued an opinion that the public-private partnership assets conditions specified in public-private partnership contract performance reports do not comply with the opinion of the Ministry of finance conditions, contained in the public partner representative will take steps to prevent such non-compliance.
(8) the Supervision Authority, assessing the public-private partnership contract performance reports, draw up opinions on the works or services provided conform to the contract.
(9) the Supervision Authority has the right to: 1), to request and receive from the Commission the procedures for concession or public partner representative information related to public-private partnership procedure;
2) to request and receive, from the partner representative public information needed the opinion referred to in the first subparagraph;
3) to request and receive from the public partner representatives concluded a public and private partnership agreement, its amendments and new public-private partnership contract (article 82 of this law in the case);
4) to request and receive from the public partner representative this law article 12 reports referred to in the first paragraph of the conclusion of the public-private partnership in the course of performance of the contract;
5) conclude contracts with experts in this statutory function.
(10) the Supervision Authority has the responsibility to:

1) in the first subparagraph, the functions provided to comply with the European Union and the Latvian legislation public-private partnerships;
2) annually submit a report to the Cabinet on the conclusion of the public-private partnership agreements;
3) where it finds that the facts do not comply with the laws or the conclusion of public and private partnership agreements, communicate to the public a partner representative, representatives of the public partner higher authority (if any), the authority which has delegated a representative to public partners the task of Government, State or municipal corporation's shareholders, other private-law legal person's statutory authority and the competent national authorities where provided for in the laws.
(11) in article 12 of this law referred to in the first subparagraph of the reporting procedure and the information shall be determined by the Cabinet of Ministers.
(12) the Public partner representative, concession procedures the Commission, the other person or institution may apply to the supervisory body of the other, not mentioned in this Act, in order to assess financial and economic assumptions and included in the calculation of the distribution of risks between the public partner and the private partner concession contract compliance and give an opinion on them or give an opinion on whether the public-private partnership assets, the conditions specified in the contract performance reports the Ministry of finance, meet the conditions set out in the opinion. 10. article. The supervisory authority as a centre of competence management authority as a public-private partnership in the competence centre: 1) develop proposals for public-private partnership development;
2) informs and advises public and private partnerships;
3) identify and promote the most appropriate for Latvia introduction of foreign experience of public-private partnerships;
4) develop guidance materials for public and private partnership;
5) cooperate with other government institutions and non-governmental organisations, public-private partnerships;
6) carrying out other tasks laid down in the laws relating to the regulation of the supervisory institution. 11. article. Supervisory authority regulatory acts of the Cabinet of Ministers shall determine the Observatory activities and funding arrangements. 12. article. The performance of contracts (1) a public partner representative once a year on public and private partnership agreement provides the surveillance authority reports on the implementation of the contract.
(2) the supervisory institution of the contract performance review evaluate the report of receipt of the said works or service compliance with public and private partnership agreement and drawing up an opinion on it.
(3) Cabinet of Ministers determines the contract execution procedures for the submission of the report and the information to be included, as well as the order in which the supervisory authority shall draw up an opinion on the statements of those works or service compliance with public and private partnership agreement and shall forward that opinion to the public partner representative, and where the opinion will also be sent to State control and other competent institutions.
(4) in the second part of that opinion, for 10 years after the public-private partnership contract.
(5) public and private on the nerim is obliged to provide a separate public-private partnership project accounting. Chapter III. Public and private partnership procedure article 13. The estimated contract price determination (1) the estimated contract price to purchase the contract of partnership shall be determined in accordance with the public procurement law.
(2) the concession contracts the estimated contract price determined as a public partner planned the total payment for the concession contract. Public partner, planning a total consideration, take into account any choice, any concession agreement supplements and any third party payments, as well as prizes and payment value if the concession procedures for applicants provides for prizes or payments to be paid. Works concession contract estimated contract price also includes the supply and service contract price, which needed works concession contract is fulfilled and that the public partner intend to take or give the private partner.
(3) it is not allowed to split part of the public-private partnership projects, to avoid the concession procedure or the procedure for the application of the conditions of the concession. The estimated contract price determination is not allowed to use a method that focuses on statutory concessions or concession procedures concerned non-application of the conditions.
(4) the estimated contract price of public and private partnership agreement established with the financial and economic calculations. 14. article. Financial and economic calculations (1) in order to establish public-private partnerships, in particular the applicability of the project from a public personal financial resources and effective use of point of view and that of a public-private partnership contract is concluded, to the success of the works concerned or the provision of services, taking into account the potential public and private partnership agreement's impact on the State budget long-term commitment and debt are performed in the financial and economic calculations.
(2) the order in which you establish public-private partnership contract type and are carried out in the financial and economic calculations, as well as the criteria for a public-private partnership asset, to determine the public-private partnership agreement's impact on the State budget, long-term commitment and debt, regulated by the Cabinet of Ministers.
(3) the decision on the financial and economic calculation shall be adopted: 1) if the public partner will be the country that a Cabinet Member who is responsible for the area where you intend to implement public-private partnership projects;
2) If a public partner will be the municipality, the Municipal Council;
3) If a public partner will be derived public person (other than a municipality), — the public organs of the person;
4) if public partner will be a legal person, the institution of the legal person who is entitled to take such a decision.
(4) the decision on the financial and economic calculations for the public partner shall send the surveillance authority, which, after the receipt of the relevant decision puts it in the internet homepage of the supervisory organ of the Cabinet of Ministers. 15. article. The opinion of the competent authorities (1) the financial and economic calculations, the calculations referred to send: 1) — Ministry of finance for an opinion on the financial and economic condition for the calculations of the expected impact on the long-term commitment of the budget and the national debt;
2) surveillance authority — to get an opinion on the financial and economic assumptions and included in the calculation of the distribution of risks between the public partner and the private partner in the public-private partnership contract.
(2) the opinion of the Ministry of Finance shall specify the financial and economic calculations, these public-private partnerships for asset accounting rules, which are based on the conclusion that public and private partnership agreement does not cause unwanted effects on the country's long-term budget commitments and government debt.
(3) the order in which the Ministry of Finance provides the first part of this article in the opinion referred to in paragraph 1 shall be determined by the Cabinet of Ministers. 16. article. The decision on the public-private partnership initiation of adoption (1) If in the opinion of the Ministry of finance found that the potential public and private partnership agreement does not cause unwanted effects on the national budget long-term commitment or the national debt, the public-private partnership procedure assumes: 1) Cabinet, if public and private partnership agreement as a public partner will close State or public person derived (except municipal);
2) Municipal Council, if public and private partnership agreement as a public partner will close the municipality;
3 legal persons) statutory authority, if public and private partnership agreement as a public partner enter into a legal person;
in this part 4) 1, 2 or 3 the institution referred to in paragraph a, if public and private partnership agreement will close a public institution or public authority company law "on procurement for public service needs".
(2) If the Ministry of finance in its opinion indicates that the potential public and private partnership agreement will cause unwanted effects on the national budget long-term commitment or the national debt, the public-private partnership procedure is adopted, the Cabinet of Ministers.
(3) If a State or a derived public person has the decisive influence of the Group Corporation law, the first paragraph of this article 3 and 4 of the institutions referred to in the decision on the public-private partnership procedure adopted by receiving national or derived public person shares the holder's prior written consent.

(4) the decision on a public and private partnership for the initiation of the first and second part of the said institutions shall adopt, on the basis of the financial and economic calculations, the Ministry of finance and the opinion of the supervisory authorities.
(5) if the supervision authority has issued an opinion that the allocation of risks between the public partner and the private partner does not comply with the dealership contract, the decision on the initiation of the concession will not be accepted.
(6) the decision on a public-private partnership initiation of each public and private partnerships involved in the project in the first and second part of this public institution partners: 1) public-private partnership procedure that will determine which applicants will be closed for public and private partnership agreement;
2) public partner representative;
3) public-private partnership contract resulting from the financial and economic calculations and the opinion of the Ministry of finance;
4) entering the private partner or, in the case of institutional partnerships in the public kopsabiedrīb ieguldāmo partner resources;
5 the opinion of the Ministry of Finance) in public-private partnership assets;
6) in the case of the institutional partnership that the public partner representative will be the public partner in the kopsabiedrīb of shares (shares) of the holder in accordance with the law "on State and local government owned capital shares and enterprises";
7) other public-private partnership implementing the conditions which are essential to the public interest.
(7) If in its opinion the supervisory bodies indicates that the financial and economic calculations can't make clear conclusions about whether they said the risk allocation corresponds to the concession contract, the first and second subparagraph public partner institutions, shall take a decision on that will be closed to partnership contracts and procurement procedures applied to the partnership.
(8) decision on public and private partnership agreement for more than 30 years, adopted pursuant to article 60 of this law the conditions referred to in the third subparagraph.
(9) If the decision on a public-private partnership proceedings is specified that operable partnership contracts, the decision on the public-private partnership, the initiation of the relevant financial and economic calculation and the opinion of the competent authorities for the application of this law, the possession of the documents laid down in article 22 of the retention period. Section b procedure chapter IV of the concession. The concession procedure, the exchange of information and documentation on article 17. Concessions, their application procedures (1) to identify candidates who will get the authority to enter into concession contracts, subject to the following procedures: 1) concessions contest without the applicant selection;
2) contest with the selection of the tenderer;
3) competitive dialogue.
(2) the competitive dialogue procedure shall apply, if the concession agreement is considered particularly difficult and concession procedures the Commission is not possible to objectively define the appropriate requirements in the regulations, or if it is impossible to determine objectively the project legal or financial solutions.
(3) the concession agreement is considered to be a particularly difficult part two of this article, if the concession procedures the Commission is not objectively possible to: 1 define the appropriate Charter);
2) to determine the project's legal or financial solutions.
(4) the tender without the applicant selection, with a selection of tenderers and the competitive dialogue procedure applied this law, VII, VIII, IX and X.
(5) if the works concession contract is equal to this law, in article 56. contract price limit or greater, in addition to the fourth paragraph of this article, the following sections apply to chapter XII of this law. 18. article. Exchange of information (1) the exchange of information between the Commission and the procedure of concession applicants takes place by mail, fax or e-mail, depending on the concession procedure Commission check.
(2) the concession procedure the Commission chooses the information-sharing features that are available to the recipient and provides quick information as possible.
(3) if the information is used in the exchange of information technology and electronic communication tools, choose a means that is publicly available and compatible with the ' information and communication technology products, thereby eliminating the ability to discriminate against applicants on this basis.
(4) the exchange of information and the storage is carried out so that all the applications and tenders include data protection and other laws for personal information disclosure cases and in order to examine the application and content of the tender after the closing date.
(5) the time of the application or the submission of tenders to the opening time of the concession procedure, the Commission did not provide information about other application or tender. Application and evaluation of tenders up to the time of notification of the results of the concession procedure, the Commission does not provide information on the evaluation process.
(6) the concession procedures the Commission shall ensure the confidentiality of the information submitted in accordance with the legislation on freedom of information. 19. article. Requirements for electronic receiving and sending of documents through the use of information technology and electronic communications equipment that receives and sends the documents to the partnership, the following principles shall apply: 1) all applicants have access to information on specifications relating to electronic document of the partnership procedure;
2) documents under the electronic signature legal requirements by using a digital signature and time stamp;
3) it is possible to accurately determine the date and time when the partnership procedure submitted document;
4) concession procedures the Commission shall ensure that no one can access the information submitted before the law on freedom of information in a specific deadline;
5) is able to detect the irregularities, if someone violated this article referred to in paragraph 4 of the prohibition;
6) only concession procedures the Commission may establish or change the received document is open;
7) at different stages of the procedure of concession approach documents submitted, or to part thereof is possible only after the concession procedure the Commission authorised person (hereinafter person) while development activities;
8) documents can only be accessed for a specific date by authorised persons, while development activities;
9) approach and submitted the documents remain open only to authorised persons, that such an approach is allowed. 20. article. Notice, the forms (1) the cabinet shall determine this law, article 38 and in the first paragraph of article 53 of the notice referred to in the first subparagraph, the contents of the order in which they shall be submitted to the procurement monitoring Bureau, and approved a statement form sample.
(2) If the estimated contract price works concession contracts are equal to the contract price of the Cabinet of Ministers set boundaries or greater, article 57 of this law in the first part of the notification referred to in the sample form of the European Commission of 7 September 2005 Regulation (EC) No 1564/2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to European Parliament and Council Directive 2004/17/EC and 2004/18/EC. 21. article. The concession procedure documentation (1) Concession procedures the Commission shall ensure the concession procedure and its documentation of the period.
(2) the decision on the initiation of the concessions, the financial and economic calculations, the opinion of the competent authorities, the concession procedure Commission protocols, regulations, applications after they officially open, the concession procedure the Commission's final report, other concessions procedures document, with the exception of applicants submitted tenders are generally available information, to the extent set out in this Act and in order.
(3) public representative or partner concession procedures the Commission the information referred to in the second subparagraph shall, within three working days of receipt of the request. 22. article. Concession procedures document storage (1) public representative of all the partners of this law article 21 referred to in the second paragraph of the original documents submitted by the applicant, as well as offer original shall be kept for 10 years after the expiry of the concession contract.
(2) If the concession procedure is terminated or suspended in accordance with the procedure laid down in this Act, the public partner representative where appropriate, article 21 of this law referred to in the second paragraph of the original documents submitted by the applicant, as well as offer the originals shall be kept for a period of five years after the concession procedure the Commission adopted the decision on the termination of concession procedures or discontinuance.
(3) where this article is referred to in the second paragraph of the concession procedure of the Commission decision on the termination of the concession or termination is in accordance with the procedure laid down in this Act, an appeal against a public representative of the partners of this law article 21 referred to in the second paragraph of the original documents submitted by the applicant, as well as offer the originals stored in five years after the Court ruling takes effect.
(4) the Commission, having examined the application of the Protocol and application during the period of storage of the resulting message is 10 years. 23. article. Privacy

(1) procedures Commission Concession may stipulate conditions for the protection of the information, which is passed to the applicants with technical specifications, as well as the following conditions further concessions during the procedure.
(2) providing information to applicants, the concession procedures the Commission is not entitled to disclose information to it as a trade secret or confidential information transferred to other bidders.
(3) If the applicant, in providing the information required under this Act, it is considered to be of a confidential or it is a trade secret, the applicant should be specifically stated. Chapter v. Concession procedures the Commission article 24. The concession procedure Commission (1) the concession procedures the Commission shall set up a public partner representative. Public partner representative shall create procedural concessions to the work of the Commission and is responsible for its operation.
(2) creating a concession procedures the Commission, a representative of the public partner shall ensure that it is competent in the concession contract.
(3) the concession procedure, the Commission, in the performance of their duties, may invite experts or public-private partnership for advanced users who are not members of the Commission.
(4) the concession procedure the Commission create at least five members. 25. article. Concession procedures the Commission's fundamental principles (1) the concession procedure Commission members and experts may not represent the interests of the applicant, and must not be associated with the applicant.
(2) the first subparagraph of this article, the meaning of the concession procedure, Member of the Commission or experts is related to the 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 of the father, mother, grandfather, grandmother, child, grandchild, brother, sister, half-brother, half-sister, spouse.
(3) the concession procedure and expert members of the Commission with respect to the applicant shall also apply to cases in which the applicant is a person of the Association, whose members are traders, natural or legal persons with which the Member of the Commission or expert is referred to in the second paragraph of article.
(4) the concession procedure members of the Commission and experts before signing for the examination of tenders, by proof that there are no circumstances which would lead to believe that they are interested in a particular tenderer or activity or that they are linked to those of the second paragraph of this article. 26. article. The concession procedure Commission (1) the concession procedures the Commission shall ensure the concession procedures document, recorded in the concession procedure and is responsible for the progress of this procedure.
(2) the concession procedures the Commission shall evaluate applicants, it submitted proposals, and other documents in accordance with this law, the concession procedure documents, as well as other laws and regulations. The concession procedure of Commission decision is binding on the public partner representative, conclude the concession contract.
(3) the concession procedures the President of the Commission shall arrange and manage the job, determines the procedure of meetings of the Commission for concessions of the place, time and agenda, convene and chair the meetings of the Commission.
(4) the concession procedures the President of the Commission shall be appointed by the public partner representative.
(5) the Public partner representative may also appoint the concession procedure of the Vice-President of the Commission, which shall perform the duties of the President when the President is in a prolonged absence (e.g. illness, vacation and business travel) or the task. 27. article. Concession procedures the Commission's decision-making procedures (1) the concession procedure decisions of the Commission.
(2) the concession procedures the Commission is valid if its sitting on at least two-thirds of the members of the Commission.
(3) the concession procedures the Commission shall adopt decisions by simple present Commission members. If the vote splits, the casting is similar to the session of the Commission the driver's voice. Chapter VI. Application to the Commission article 28. Application, the Commission (1) the procurement monitoring Bureau creates a submission of the Commission not less than three members.
(2) the application shall include the review of the composition of the Commission procurement monitoring Bureau officers, of whom at least one has a higher education in law (learned about academic study programmes in law, or second level higher professional study programmes in law, obtaining legal qualifications).
(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) 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, who previously provided: 1) tutorials 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 participated in the concession procedure.
(5) the fourth subparagraph of this article, an application for examination of 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.
(6) the examination of this application, 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 fifth part of this article in that connection.
(7) Before the hearing of the application, consideration of the submissions of the Commission, all members, experts and experienced sign a declaration that does not exist in the fifth subparagraph of this article, these conditions and that they are not related to the applicant, or other bidders.
(8) the Commission, having examined the application of the President of the Commission. The Commission shall be appointed by the Chairman of the procurement monitoring Bureau from among the members of the Commission.
(9) the Commission has examined the application to be valid, if the issue involves more than half the members of the Commission. Application, the Commission shall take decisions by voting. The decision has been made, if the vote on the submissions before the majority of the members of the Commission. If the vote splits, the casting is similar to the application before the Commission vote. 29. article. 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 turn to the consideration of the Commission on the application by the applicant selection rules , technical specifications and other requirements that apply to the specific concessions or public partner, the partner representative or public concession procedures the Commission procedures for the duration of the concession.
(2) the application of the first paragraph of this article for possible violations may be submitted up to the conclusion of a concession agreement, except in the fourth paragraph of this article means. After the conclusion of the concession contract the tenderer in a public partner, the public partner representative or the concession procedure of Commission decisions can be appealed in court in accordance with the procedure laid down in this Act. Application for termination of the concession or termination may be filed within 10 days after the procurement monitoring Bureau homepage on the internet published notice of the concession procedure (article 53).
(3) where an application for a procurement monitoring Bureau filed before the conclusion of the concession contract, the procurement monitoring Bureau informs the public partner representative. The concession agreement is not concluded, pending the submission of the Commission's decision on the consideration of the application of the results.

(4) an application for the competition without the applicant selection rules and competition with the selection of the Tenderer shall submit to the requirements contained in the public partner representative and concession procedures to the Commission not later than six working 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 and the competitive dialogue procedure documents submitted to public partner representative and concession procedures to the Commission not later than six days before the end of the application submission period. If the public partner representative or concession procedures the Commission shall, within two working days after receipt of the application is not prevented irregularities or specified in the application has not provided a written response to the applicant, the applicant has to offer or the end of the application submission period of applications may be submitted to the procurement monitoring Bureau.
(5) the procurement monitoring Bureau will not accept, if the concession procedure concerning the same subject and on the same basis has been made and examined the application.
(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 dealt with together.
(7) 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) the applicant's claim.
(8) the applicant is entitled to withdraw his application, in writing, at any time, as long as the application, the Commission has not taken a decision on the application.
(9) If an application is received, the procurement monitoring Bureau news about it on its home page on the internet, showing the principal applicant, the public partner, the partner representative, public concession procedures the Commission and the concession procedure, which the applicant contests the legality, as well as consideration of the application. 30. article. Examination of application (1) Applications, the Commission shall examine the application of the administrative procedure law, if the law does not provide otherwise.
(2) application to the Commission conclude the concession contract, if the application is unfounded: 1);
2) based, but the application, the Commission of irregularities found not relevant and cannot influence the decision on the concession contract award.
(3), the Commission denied an application to conclude the concession contract, if they are material irregularities found and may affect the decision on the concession contract award. In this case, the application, the Commission shall decide on the measures to prevent infringements detected.
(4) the Commission invited Submissions on the consideration of the application for the hearing, the applicant, the public partner representative, concessions, the members of the Commission of the procedure all tenderers whose interests might affect the application of the decision taken by the Commission, or their representatives. Submissions, the Commission invites applicants to sit for the examination of the application, at least three working days in advance.
(5) the application, the Commission heard the views of all invitees. After hearing the applicant, the Commission continues to work without the presence of the applicant.
(6) the application, the Commission shall evaluate the application, the applicant and the applicant on the basis of these facts and explanations, as well as expert or expert opinion or opinion. If tenderers 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 decides, designs and send it to the applicant, the public partner representative, as well as applicants who have participated in the consideration of the application hearing.
(7) the examination of the application in addition to the decision of the Commission during the administrative procedure law provides the following information: 1 the establishment of the grounds);
2) members of the Commission, expert and proficient, which participated in the meeting of the Commission;
3) the applicant, the public partner representative, the concession procedure members of the Commission and the representatives of the applicants who participated in the meeting of the Commission;
4) facts which are the subject of the application, and the applicant's claim;
5) 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;
6) prohibition or authorisation to conclude the concession contract.
(8) 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.
(9) 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 not later than the day on which this Act article 53 shall be published in accordance with the procedure laid down in the concession procedure in the Commission communication on concessions procedures. 31. article. Consideration of application of Commission decision appeals (1) an application for review of a decision of the Commission article 29 of this law, the persons concerned may appeal to the Court of Justice of the administrative procedure law.
(2) submission review appeals against decisions of the Commission shall not suspend its activity. Chapter VII. Concession procedures general issues article 32. Concession procedures (1) where a concession procedure — the contest without the applicant selection, it is performed in the following stages: 1) Charter (article 33);
2 the supervisory authority) opinion on the Statute and the concession agreement project preparation (article 34);
3) announcement of the invitation to participate in the procedure for the publication of concessions (article 38);
4) tenderers submitting concessional contract (hereinafter offer) (article 48);
5) tenderers opening (article 49);
6) evaluation of the tenderers (article 50);
7) conversations with tenderers on the concession agreement (article 52);
8) tender without the applicant selection results notification (article 53);
9) concession contract conclusion (article 54).
(2) where a concession procedure: the competitive selection of tenderers, it is performed in the following stages: 1) Charter (article 33);
2 the supervisory authority) opinion on the Statute and the concession agreement project preparation (article 34);
3) announcement of the invitation to participate in the procedure for the publication of concessions (article 38);
4) applicants submitting an application with the competition selection of tenderers (article 40);
5 opening of applications applicants) (article 41);
6) selection (article 42);
7) applicants on the selection results and invitations to tender (article 43);
8) tenderers submitting concessional contract (article 48);
9) evaluation of the tenderers (article 50);
10) talks with the applicants for the concession contract (article 52);
the tender to the tenderer) 11 selection results notification (article 53);
12) concession contract conclusion (article 54).
(3) where a concession procedure, competitive dialogue, it is performed in the following stages: 1) Charter (article 33);
2 the supervisory authority) opinion on the Statute and the concession agreement project preparation (article 34);
3 of the notice of competition) of the initiation of the dialogue publication (article 38);
4) submission of applications competitive dialogue procedure (article 44);
5) selection to invite to negotiations (article 44);
6) inviting to the negotiations (article 45);
7) the individual discussions with each of the selected candidates (article 46);
8) discuss closures and invitations to tender the concession contract (article 47);
9) tenderers submitting concessional contract (article 48);
10) evaluation of the tenderers (article 50);
11) talks with the applicants for the concession contract (article 52);
12) competitive dialogue procedures result notification (article 53);
13) concession contract conclusion (article 54).
(4) after a decision on the conclusion of the concession contract (52) or the decision on the termination of the concession or cessation (article 36), the concession procedure the Commission prepares a final report of the concession procedure (hereinafter final report) (article 55). 33. article. Development of regulations (1) The rules of procedure of the concession in the concession procedures drawn up by the Commission in accordance with the decision on a public-private partnership procedure. Each of those by-laws approved by the public partner representative.
(2) If the concession procedure applied to the contest without the applicant selection, shall specify: 1) public partners and his representative name (company), registered office and other needed properties;
2) tenderers submitting and opening date, time, place and order;

3 requirements for applicant) the period of validity of the offer, the presentation and submission of financial quotation form, as well as information about the language or languages in which tenders may be submitted;
4) conditions of exclusion of applicants in accordance with article 37 of this law, as well as submit the information required to assess candidates in accordance with the requirements of that article;
5 requirements for applicant) the opportunity to carry out professional activities, the requirements of a candidate's economic and financial standing, technical and professional abilities, as well as submit the information required to assess candidates in accordance with these requirements.
6) information on the subject of the concession contract, which outlines the construction works and services requirements, including the expected public works or service quality levels, works or service, due date and place and, if necessary, the use of works or the provision of services and resources;
7) environmental conditions (if such is necessary);
8) conditions of social protection (if such is necessary);
9) the length of time during which the concession procedure, the Commission intends to examine the offers;
10) bid evaluation criteria, in accordance with article 51 of this law, as well as an indication of whether the tenderer may submit the tender variants;
11) date, time and manner in which the tender without the applicant selection procedure will be communicated to the applicants;
12) the conditions under which the offers are not considered relevant rules;
13) the period within which the result is to be achieved by the imposition of a final agreement with the tenderers in the tender selection procedures without winning on the conclusion of the concession contract;
14) concession agreement provisions of the draft that the concession agreement during reconciliation must not be changed;
15) the communications means by which will occur in the exchange of information between the Commission and the procedure of concession applicants;
16) other information provided for in this Act or that the concession procedure the Commission considers it necessary to include in the Statute.
(3) If the concession procedure applied to the contest with the selection of the applicant, in addition to the second paragraph of this article, the particulars referred to in regulation: 1) the time and place where the applicant can apply for a willingness to participate in the selection of the tenderer;
2) deliverable document and information list;
3) criteria that must correspond to applicant that he be invited to submit a tender, in accordance with article 40 of this law the second part;
4) date, time, place and procedure of concession procedures the Commission will open the tenderer;
5) period for which the concession procedure the Commission intends to make the selection of the tenderer;
6) date, time and manner in which the applicants will be notified of the selection results;
7) the planned timetable for the rest of the competition with the applicant selection procedure;
8 other candidates) selection of related information.
(4) If the concession procedure applied to the contest with the selection of tenderers, the rules may include conditions that the concession procedure the Commission reserves the right to request to be submitted to only a limited number of applicants who best meet the criteria for the selection of the tenderer. In such a case, the Tenderer shall not be less than two.
(5) If the concession procedure, the invitation to dialogue, in addition to the second paragraph of this article, the particulars referred to in regulation: 1) the time and place where the applicant can submit application for readiness to participate in the competitive dialogue procedure;
2) deliverable document and information list;
3) criteria that must correspond to applicant that he be invited to negotiations pursuant to article 40 of this law the second part;
the 4) period for which the concession procedure, the Commission plans to carry out the evaluation of applicants to invite them for an interview;
5) public partner needs and requirements, which will be held discussions with applicants;
6 information on the opening of negotiations) in time and space, as well as the language for use in discussions with applicants;
7) date, time and manner in which the applicants will be invited for an interview;
8) negotiation phase, where it is expected that negotiations with the tenderers will be;
9) date, time and manner in which the applicants will be notified of the results of the discussions;
10) timetable planned for the rest of the competitive dialogue procedure;
11) award for negotiation participants or payment size and cost, as well as the presentation and time limits for those applicants who participated in this Act referred to in article 46 of the negotiations (if it is expected that participation in the negotiations for awards or payments);
12) other information about the competitive dialogue procedure.
(6) If the article referred to in the second paragraph of information objective is incompatible with this article, the third or the fifth part, the information referred to in this article shall include only third or fifth part information.
(7) where a concession contract is intended for the implementation of any of the business support control statutory support for the type of concession procedures the Commission shall specify the information referred to in the Statute, while establishing a procedure for the provision of this support.
(8) where a concession contract is intended for the implementation of the European Union to raise funds, the concession procedures the Commission shall specify the information, while making use of these features.
(9) the Regulations shall specify whether the tenderer that was intended to close a concession contract for the execution of this contract may be set or the target company to establish it.
(10) the rules may require that the applicant shall indicate in the tender parts of the concession contract, which will execute for subcontractors, as well as all expected at the bottom.
(11) the Charter of the concession agreement is added to the project. Competitive dialogue procedure in the case of the draft statute of the concession contract may not be added. 34. article. The supervisory authority's opinion on the Statute and the draft concession contract (1) the concession procedure the Commission rules and the accompanying draft concession contract sends the surveillance authority to get an opinion on whether the distribution of risks between the public partner and the private partner concession contract for the match.
(2) If in the opinion of the supervisory authorities have indicated that the concession contract from the Charter and on the basis of the information contained in the draft follows: risk distribution between public and private partners partners comply with the concession contract, the concession procedures the Commission shall forward to the procurement monitoring Bureau article 38 of this law referred to in the first paragraph of the notice of invitation to participate in the concession procedure.
(3) If in the opinion of the supervisory authorities have indicated that the concession contract from the Charter and on the basis of the information contained in the draft follows: risk distribution between public and private partners the partners do not comply with the dealership contract, the concession procedure, the Commission shall inform the public partner representative and taking into account the public partner representative written guidance, development of new regulations and a draft concession agreement or terminate the concession procedure, by adopting this law, article 36 of the decision referred to in the second subparagraph.
(4) If, taking into account the public partner representative, concession procedures the Commission is developing new regulations and a draft concession agreement, the Commission shall forward to the supervisory authorities in accordance with the first paragraph of this article. 35. article. The amendment rules (1) the concession procedure, the Commission may amend the rules if they do not change significantly the requirements contained in the regulations. Essential requirements contained in the regulations changes in particular as changes that result in a change in the persons who may participate in the concession procedure and submit a quote, change the designated risk allocation between the public partner and the private partner or change the content of the offer, the proposed contract price and terms, or the impossible becomes the offer within the time limit set, the preparation and other essential requirements contained in the regulations.
(2) amendments to the Statute approved by the public partner representative.
(3) amendments to the Charter can only be done if not over this law, article 39 of the relevant application or the submission of tenders.
(4) the concession procedures the Commission shall forward the amendments to the surveillance authority to get the opinion in article 34 of this law. 36. article. The dealership termination or suspension of the concession procedure (1) the Commission shall adopt a decision to terminate the concession procedure if: 1) this procedure is not a concession made in the applicant's application or tender;
2) submitted the offer does not meet the requirements contained in the regulations;
3) No applicant does not meet the Charter Awards qualifications of applicants selection or competitive dialogue procedure;
4) concession procedures the Commission in the negotiations on the concession contract project with any of the applicants this Law 52. in accordance with the procedure laid down in article does not achieve agreement on concession contract and with it the concession contract with a private partner are not closed.
(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. Decision the concession procedures the Commission shall indicate relevant procedures of suspension of concessions.

(3) If the decision is taken on the dealership termination or termination of the concession procedure of the Commission, shall publish notice of the concession procedure results (article 53), notify all tenderers on the termination of the proceeding and shall draw up a final report (article 55). 37. article. The exclusion of the applicant (1) Concession procedures the Commission excluded the applicant from further participation in the concession procedure in any of the following cases: 1) the tenderer which has the force of res judicata ruling found guilty of a crime, koruptīvo in fraudulent activities in the financial sector, money laundering, criminal organisation or for involvement in its operation in the last 36 months before the applicant's application or the date of the offer;
2) which has the force of res judicata ruling is handed down by the insolvency practitioner or the applicant is the legal protection process, its economic legislation in the order is suspended or interrupted or a decision is taken on the termination of the applicant;
3) the applicant has tax or State social security payment shows in Latvia or the State in which it is registered;
4 the applicant is not registered) licensed or certified in accordance with its national legislation, in which the applicant is a resident;
5) regulations prescribed have found the fact that the applicant has been punished for the employment of persons without written work contract in the last 18 months to the applicant's application or the date of the offer;
6) on the basis of court rulings which have entered into force, the applicant has been found essential for professional misconduct in the last year of the offer or the date of filing of the application;
7) the applicant has not provided information, or has provided false information in his assessment of qualifications;
8) to the person to whom the possibilities the applicant refer to certify that they meet the qualifications in the statement of agreement or procurement procedures the requirements laid down in the documents relating to this part 1., 2., 3., 5., 6., 7., the conditions referred to in points.
(2) If the Commission of the procedure of concession of public databases, can not get the first paragraph of this article, 2, 3, and 4. the information referred to in paragraph 1, it shall require that the applicant submit: 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's registration and to certify that: (a)) with the Court's ruling is not a declared candidate and the first paragraph of this article, point 8 of the person referred to in the insolvency process, or the applicant or the first part of this article 8. in the referred party submitted the application for the initiation of the process of legal protection, the applicant or the first paragraph of this article, paragraph 8-person operation is not suspended or terminated and a possible decision on the applicant or the first part of this article, the persons referred to in point 8 of the winding up, (b)) the applicant and the first part of this article referred to in paragraph 8 of the 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 other tax administration authority in Latvia or the equivalent 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, and showing that the applicant and the first part of this article, in point 8 of that person is not a tax or Government social security payment debt.
(3) the first subparagraph of paragraph 1, the provision applies both to the same bidder, both to natural and legal persons, including persons who have the right of representation, and people with decision-making and supervisory rights in relation to the tenderer.
(4) in order to assess candidates in accordance with the first subparagraph of paragraph 5, the concession procedure the Commission from national 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 is penalized for employing staff without a written employment contract.
(5) 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 fails to submit 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.
(6) If the documents that 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 (domicile). 38. article. The announcement of the invitation to participate in the procedure for publication of the concession (1) Concession procedures the Commission statement on the invitation to the concession procedure sends the procurement monitoring Bureau for publication.
(2) the procurement monitoring Bureau within three working days of receipt of the places it procurement monitoring Bureau homepage on the internet.
(3) If a regulation is made in article 35 of this law, these amendments, the concession procedure the Commission sends the procurement monitoring Bureau publication referred to in the first paragraph of the notice of invitation to participate in the concession procedure, indicating what the amended Charter.
(4) in the third subparagraph, in the case referred to in the concession procedure, the Commission, in the same period, in a statement sent to the procurement monitoring Bureau for publication, send it also to applicants who have already submitted an application for participation in the concession procedure.
(5) the day after the first part of the notification referred to in the insertion of the procurement monitoring Bureau homepage on the internet at notice of invitation to participate in the concession procedure inserts each partner representative public website on the internet.
(6) the concession procedures the Commission is entitled to notice of invitation to participate in the concession procedure to send the procurement monitoring Bureau also publishing the official journal of the European Union. 39. article. The application and the applicant for the submission of tenders (1) determine the application or the submission of tenders, the concession procedures the Commission shall take into account the possible concession contract the complexity and time required for the application or tender, as well as the time limit laid down in this article.
(2) If the concession procedure is applied to the contest without the applicant selection, the deadline for the submission of tenders the Tenderer has at least 30 days after article 38 of this law in the first part of the statement published in the procurement monitoring Bureau homepage on the internet.
(3) If the concession procedure is applied to the contest with the selection of the tenderer or a competitive dialogue, the time limit for the submission of applications of applicants at least 25 days after article 38 of this law in the first part of the statement published in the procurement monitoring Bureau homepage on the internet.
(4) If the concession procedure is applied to the contest with the selection of applicants for the submission of tenders the tenderer maturity is at least 25 days after the selection of the tenderer fulfilling the applicants sent to the call for proposals (article 43).
(5) If the concession procedure is applied to the competitive dialogue procedures, concessions, the Commission agreed with all of the selected applicants who participated in the negotiations, for the submission of tenders, but if you can not agree, this period shall be determined not less than 30 days from the date on which the applicants sent to the call for proposals (article 47 the seventh part).
(6) the concession procedures the Commission is entitled to extend the application prescribed in this article or for the submission of tenders, by publishing the same statement that was initially published information about the application or the submission of tenders (article 38, paragraph 1). This extension of time limits should not be considered the amendments to the regulations of this law, within the meaning of article 35.
(7) If, for any reason, technical specifications and other documents or additional information is required, but is not given this law article 48 the eighth deadline or if the offer can be made only after the dealership for the place of performance or dating face-to-face with the concession procedure, supplementary documents, concession procedures the Commission is entitled to extend the period for the submission of tenders, giving applicants the chance to find out all the information needed for the preparation of tenders.

(8) if the Charter is amended (article 35) and half the time has elapsed or a longer time from the second and third subparagraphs, of the period referred to in the application or the submission of tenders after the procurement monitoring Bureau homepage on the internet has published repeated notice of invitation to participate in the concession procedure, must not be less than 15 days. Chapter VIII. Selection article 40. Applicants submitting an application (1) where, in accordance with the rules of the contest is organized by the applicant selection, the applicant within the time limit specified in the notice of invitation to participate in the procedure of submitting the concession the concession procedure written application to the Commission about the willingness to participate in the selection procedure, the applicant certifying its compliance with the rules set out in the applicant selection criteria.
(2) of this article, in the case referred to in the first paragraph, the applicant shall meet the following requirements: 1), appropriate and sufficient professional qualifications;
2) available equipment and other equipment necessary for the entire concession contract and planned activities, or the applicant must submit evidence that it will get the necessary equipment and other installations after the conclusion of the concession contract;
3) available to all appropriate financial resources within the framework of the concession contract to carry out the planned activities (own resources or the sponsor's written proof);
4) management and organizational experience;
5) other requirements laid down in the Statute and in particular is essential for the execution of the concession contract. Article 41. Applicant application opening (1) on the date shown in the Regulations, the time and place of the Commission of the procedure of concession applicants application tool. Open the application is identified.
(2) an applicant for the submission of applications to open the order. At the opening of the procedure, the Commission gave a concession to the applicant, the filing date and time and the record the minutes of the hearing of the Commission. Article 42. Selection (1) within the time provided for in the Statute of concession procedures the Commission shall assess the information submitted by the applicant and documents, to determine their compliance with the rules set out in the applicant selection criteria.
(2) the concession procedures the Commission is entitled to verify the necessary information to the competent authorities, publicly available databases or other publicly available sources. If the concession procedure the Commission has obtained the information in that way, and this information does not correspond to the actual situation, the applicant is entitled to submit a certificate or other document of the relevant facts.
(3) If the concession procedure the Commission wonders about the original of the document submitted to the authenticity of the derivative, so requires, the applicant shall present the original of the document concerned.
(4) if the Statute contains the condition that concession procedures the Commission reserves the right to request quotations from only a limited number of applicants, the Commission shall draw up the list of applicants will be invited to submit tenders. 43. article. The applicant is informed about the results of the selection procedure for Concession Commission within 10 days after the applicant in writing of the screening shall inform all tenderers who have submitted applications for the readiness of the applicants to participate in the selection procedure for applicants, evaluation results and the successful tenderers shall be invited to submit tenders. Chapter IX. Competitive dialogue process article 44. The application and selection process for inviting to discussion (1) to participate in the competitive dialogue procedure, the applicant shall, within the time limit specified in the notice of invitation to participate in the procedure of submitting the concession the concession procedure written application to the Commission about the willingness to participate in the competitive dialogue procedure.
(2) the concession procedures the Commission shall select candidates to invite to negotiations within the time limits set in the regulations.
(3) the applicant shall be invited to negotiations, it must comply with this law, article 40, second paragraph. Article 45. Inviting to discussion (1) the concession procedure the Commission within 10 days after the applicant in writing of the screening shall inform all tenderers who have submitted article 44 of this law referred to in the first subparagraph for the applicant's applications, evaluation results, showing candidates who are invited for an interview.
(2) the rules may provide that, where the number of applicants exceeds the number of candidates provided for in the Statute, the concession procedures the Commission will be invited to negotiate only a certain number of applicants. In this case, the applicant must not be less than three.
(3) the second part of this article in the case of concession procedures the Commission shall be invited to negotiations for the number of applicants.
(4) the invitation to negotiate shall contain at least the start of the negotiations and the date, time and place, as well as the language for use in the competitive dialogue. Article 46. Discussions with applicants (1) the invitation to negotiations on the specified date, time and place of the invited Tenderer shall submit to the Commission its concession procedures specified in statute for public purposes and the requirements of the partner solution.
(2) Discussion of the challenge is to develop one or more of the requirements of the statute appropriate alternative solutions on the basis of which the candidates invited for an interview invite to submit a tender.
(3) the concession procedure the Commission conducted negotiations with each applicant individually invited.
(4) the concession procedure with the Commission invited tenderers during the negotiation may discuss all the concession contract related aspects.
(5) during the negotiation of concession procedures the Commission shall ensure equal treatment for all tenderers, without creating any tenderer favourable conditions as the others.
(6) the discussions with applicants, the concession procedure the Commission would not disclose other candidates suggested solutions, as well as confidential information leaked to it by the applicant to participate in the negotiations unless the applicant is then definitely agreed.
(7) If provided for in the rules of procedure of the Commission, the concession is entitled to organize negotiations in successive stages in order to reduce the number of solutions to be discussed in the negotiations.
(8) the concession procedure the Commission discussions with applicants will continue until a solution is developed or solutions that comply with the rules laid down in the public partner's needs and requirements. 47. article. Closing discussions and invitations to tender (1) If the negotiations with the tenderers being developed a solution that conforms to the rules set out in the public partner needs and requirements, the concession procedure, the Commission shall inform in writing each public partner representative, sending him the developed solution.
(2) if every public representative in writing to the partner accepts the negotiations developed solution, the concession procedure the Commission this solution and the concession agreement shall be forwarded to the management authority in order to get an opinion on the distribution of risks between the public partner and the private partner.
(3) If in the opinion of the supervisory authorities have indicated that the negotiations on the solution of the designed and the concession agreement follows the project — risk shared between the public partner and the private partner concession contract, to comply with the concession procedure, the Commission concluded negotiations.
(4) If in the opinion of the supervisory authorities have indicated that the negotiations on the solution of the designed and the concession agreement follows the project — risk shared between the public partner and the private partner does not comply with the dealership contract, the concession procedure, the Commission shall inform the public partner representative and taking into account the public partner representative written instructions, continue negotiations with tenderers or end the concession procedure, by adopting this law, article 36 of the decision referred to in the second subparagraph.
(5) If in the opinion of the supervisory authorities have indicated that the concession contract the project follows — risk shared between the public partner and the private partner does not comply with the dealership contract, concession procedures the Commission is developing a new concession contract for the project.
(6) of this article, the fourth and fifth in the cases referred to in part the concession procedure the Commission shall act in accordance with the first and second subparagraphs.
(7) the concession procedure, the Commission shall inform all tenderers who participated in the negotiations for the conclusion of the negotiations and shall invite the applicant to submit a tender within the time limit set in accordance with article 39 of this law in the fifth.
(8) in the invitation to tender shall include at least the following information: 1) in consultation with the applicants developed solution;
2) for the submission of tenders, the address to which to send offers, and the language in which the offer is made;
3 the period of validity of the offer).
(9) the concession procedure Commission invitation indicates that in the offer encompasses all of these required elements included in the detailed discussions in the solution.
(10) the invitation of the concession agreement to be added to the project. The invitation shall indicate which of the concession contract, the provisions of the draft are not reversible.
(11) If a statute provides that applicants for membership negotiations are granted awards or payments, awards grants and payments are made in accordance with the procedure laid down in the Statute. Chapter x. The concession winner determination procedure article 48. Applicants for the submission of tenders

(1) if the applicant is organized contest without selection, the applicant shall submit the offer within the time limit set in the procurement monitoring Bureau homepage on the internet published article 38 of this law in the first part of this communication.
(2) if the applicant is organized contest with the selection, the offer shall be submitted within the time limit indicated in the invitation, the applicant who has received this law referred to in article 43 of the invitation to submit a tender.
(3) If you are organized, competitive dialogue, the proposal shall be submitted within the time limit indicated in the invitation, the applicant who has received this law article 47 the seventh part of the invitation to submit a tender.
(4) the applicant shall indicate in the tender: 1) proposed technical solution according to the rules specified in the safety, environmental protection and other conditions;
2) proposed concessions and commercial financial solutions;
3) other information set out in the statute or in the invitation to tender.
(5) if the tender submitted by the applicant, which has participated in the tender offer to be included in the dialogue, all of these required elements included in the detailed discussions in the solution.
(6) If the bid evaluation criteria is the most economically advantageous tender, the rules may provide that tenderers may submit a tender in the variants.
(7) the applicant is entitled to claim for the concession procedures the Commission shall provide explanations about the rules and other information about the concession procedure, if such request is submitted no later than nine days before expiry of the time limit for submission of tenders.
(8) the concession procedure the Commission replies to the seventh of this article referred requests for information to be provided within five working days. 49. article. The applicant (1) opening the concession procedure the Commission after expiry of the time limit for submitting the tenders submitted shall open on the specified date, time and place. The opening is identified.
(2) tenders shall be opened in the order of their submission, saying the applicants, at the time of the offer, the proposed contract price and other information that describes the offer, and the record of the minutes of the hearing of the Commission.
(3) at the request of the applicant, the Commission presented the concession procedure of the financial offer, which according to the requested financial offers to the form specified in the proposed contract price. 50. article. Evaluation of tenders the tenderer (1) If, in accordance with the rules of the contest is organised without the applicant selection, concession procedures the Commission shall verify the conformity of the applicant's Charter awards the qualification requirements, the applicant's offer valued at Charter specified evaluation criteria and choose the offer in accordance with the selection criteria of the tender selected.
(2) where, in accordance with the rules of the contest is organized with a selection of tenderers, the concession procedures the Commission shall evaluate the applicant's offer at the Charter specified evaluation criteria and choose the offer in accordance with the selection criteria of the tender selected.
(3) If, in accordance with the rules of the competitive dialogue is organised, the concession procedure, the Commission shall check the conformity of the tender negotiations developed solution requirements and choose the most economically advantageous tender.
(4) if the tender submitted by the applicant that the competitive dialogue has participated in the negotiations, after the concession procedure, at the request of the Commission is entitled to offer to explain, clarify and reconcile. However, such clarification, clarification, coordination and the provision of additional information may not change key elements in the tender or in the invitation to tender, thereby restricting competition and promoting discrimination.
(5) during the evaluation of the concession Tender procedures the Commission shall examine whether the quote is not the arithmetic error. If the concession procedure the Commission finds such errors, so these errors are corrected. For bug fixes and fix the amount of the tender procedures for the concessions the Commission shall notify the applicant that the mistakes corrected. Assessing the financial offer, the concession procedures the Commission shall take into account the amendments made.
(6) If the tender selection criteria defined in the economically most advantageous tender, each concession procedures Commission member offer valued individually at all the rules listed in the evaluation criteria. Vis economic advantageous tender it recognises the proposal that the members of the Commission, in compiling the individual reviews, won the highest rating.
(7) the applicant offers concession of evaluation procedures established by the Commission of all proposals submitted by the bidders list, placing them in the order of evaluation, and writes it to the concession procedure Commission minutes of the hearing. 51. article. Applicant evaluation criteria of bids (1) a concession procedure the Commission proposal evaluation criteria defined regulations, taking into account the conditions referred to in this article, the concession project objectives and other conditions which are essential to the specific execution of the concession contract.
(2) a comparison and evaluation of tenders, the concession procedure, the Commission shall choose one of the following criteria: 1) the most economically advantageous tender;
2) offer the lowest contract price.
(3) If the concession procedure chooses the most advantageous economic SAIM offer Charter specifies all of the assessment criteria in order of importance, are the property of the criteria weights and their numerical values, as well as offer selection algorithm in accordance with the criteria above and a description of how you will be evaluated for each of the evaluation criteria. The criteria assigned numeric values can be specified within a certain range.
(4) do not offer financial and commercial aspects of the evaluation criteria, you can use the following conditions: 1) in the technical bid evaluation (regulations of minimum technical design or implementation of the service delivery standard offer or improvement);
2) offers the use of expressed and management rating (the estimated construction and management of the use of the procedure, the method and standards compliance);
3) service quality and ways will ensure their continuity;
4) safety and environmental aspects;
5) other conditions relevant to specific concessions in the execution of the contract.
(5) the financial and commercial aspects of the evaluation criteria, you can use the following conditions: 1) the payment of any kind that the concession contract must be carried out within the framework of the public partner;
2) the payment of any kind that the concession contract must be carried out within the framework of the private partner;
3) proposed the design and construction costs, annual operating and maintenance costs, as well as the proposed financing arrangements;
4) any type of financial aid (if such are provided), which is expected from a public partner or any other State or local government bodies;
5) according to the documentation submitted to the validity of the proposed funding and the conditions thereto;
6) the other conditions relevant to specific concessions in the execution of the contract. 52. article. The negotiations on the concession contract (1) the draft procedures the Commission on concessions in the negotiations on the concession contract, the project invites the applicant, in accordance with article 50 of this law, respectively the first, second or third has won the highest concession procedures assessment by the Commission (hereinafter referred to as a contest winner).
(2) negotiations may unfold just for them in the concession agreement provisions of the draft regulation in question is not regulated as immutable. The concession agreement may not be amended in the draft provisions on which applicants tender evaluation took place and was set to contest winner.
(3) If the Commission of the procedure with the concession winner achieved agreement on the concession agreement, it shall adopt a decision on the conclusion of the concession contract with the tender winner.
(4) If the Commission of the procedure with the concession winner will not reach an agreement on the concession agreement and the applicant refuses to conclude a concession contract with public partners, the Commission is entitled to invite the applicant for an interview, which article 50 of this law in the seventh part of that list is the next highest estimate, if agreed by the public partner representative, or terminate the concession procedure, selecting no offer.
(5) If the concession procedure the Commission in part four of this article in that order reached an agreement on contract concessions with the next highest ranked applicant, it shall take a decision on the conclusion of a concession agreement with the applicant. Chapter XI. The concession procedure completion article 53. Communication on concessions procedures results (1) after a decision on the conclusion of the contract or concession on the dealership termination or termination of the concession procedure Commission, communication on concessions procedures results sent simultaneously to all tenderers. 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.

(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 this law and puts it on the procurement monitoring Bureau homepage 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. 54. article. The concession contract, a representative of the Public partner concession contract to a private partner switch no sooner than the 15th day after the day the notice of concession procedures results published in the procurement monitoring Bureau homepage on the internet. 55. article. The concession procedure of Commission final report (1) the concession procedure, the Commission shall draw up a final report not later than the day on which this Act is sent to the applicants a notification referred to in article 53 of the concession procedure.
(2) the concession procedure the Commission's final report is the Commission's report, which reflects the concession procedure and includes all the major events of that procedure and steps.
(3) If, in accordance with the Charter, has organized the contest without the applicant selection procedures, concessions the Commission's final report should contain the following information: 1) the date when the notice of concession procedures results inserted into the procurement monitoring Bureau homepage on the internet and in the official journal of the European Union (if it was needed);
2) concession procedures Commission and their justification;
3 the object of the concession agreement) and its brief description;
4) offer the selection criteria;
5) tender submission date, time and place, the period of validity of the tenders;
6) opening date, time and place;
7) in the opening of the members name and title;
8) offer a list that contains the name of each applicant, at the time of the offer, the proposed contract price and other information describing the offer;
9) bid evaluation criteria and selection algorithm;
10) concession procedures of members of the Commission ratings for each offer;
11) procedures Commission concessions total overview of comparisons and evaluation of tenders;
12 the applicant's name), which decided to close the concession contract;
13) the grounds on which the decision if the concession procedure, the Commission rejected all the offers and decided to terminate the concession procedure, selecting no offer;
14) the grounds on which the decision is based, if the winner is not signed the concession agreement and concession procedures the Commission has adopted a decision to conclude the concession contract with the other tenderers whose tenders in accordance with article 50 of this law the seventh paragraph is the next highest estimate quote;
15) received requests to explain the procedure for concession or rules, responses, as well as indications that all applicants have the same extent informed about questions and answers;
16) the grounds on which the decision if the applicant's offer was declared non-compliant with the requirements of the statute or the applicant is rejected;
17) cases where the applicant quotes corrected arithmetic errors.
(4) where, in accordance with the Charter, has organized the contest with the selection of the tenderer, the concession procedure the Commission's final report, in addition to the third paragraph of this article, the particulars referred to in the following information to be included: 1) the readiness to participate in the procedure for the submission of concession time and place;
2) the criteria that applicants must meet in order to be invited to submit a tender;
3) place, time, and the order in which the Commission opened the procedure for concession tenders;
4) list of applications submitted, indicating the name of each applicant, at the time of submission of the application, as well as other information that describes the application;
5) tenderers selection results notification date, time and place.
(5) If, in accordance with the regulations is organized competitive dialogue procedures, concessions in the final report of the Commission, in addition to the first part of this article, the particulars referred to in the following information to be included: 1) of readiness to participate in the competitive dialogue procedure, the time and place;
2) the criteria that applicants must meet in order to be invited for an interview;
3) specified in the Statute the public partner needs and requirements, which held discussions with applicants;
4 the start of negotiations) space and time, as well as the language that was used in the negotiations;
5) the time and manner in which the applicants were invited to the interview;
6) negotiation phase, if discussions with applicants proceeded in stages;
7) negotiation procedures and time;
8) time and the way in which the negotiation results were communicated to the applicants;
9) members award or negotiating payment for membership negotiations, presentation and awards deadlines or payment type and terms (if there was a supposed participation in the competitive dialogue is expected to award or payment).
(6) the final report of the Commission of the procedure added concession rules of tenderers, the original procurement monitoring Bureau and the official journal of the European Union sent (if it was needed) or a copy of the notice, the opinion of the supervisory authorities and concession procedures the original Commission minutes of meetings of the originals. Chapter XII. Special conditions works concession procedure in article 56. Works concession contract of acquisition of General conditions (1) this chapter contains special provisions that apply to public works concessions, whose contractual price is equal to the contract price set by the Cabinet of the border or more (hereinafter in this chapter — the great public works concession).
(2) the Cabinet of Ministers referred to in the first subparagraph within a fixed contract prices at least once every two years to the month after the European Commission in the official journal of the European Union has declared the relevant contract price.
(3) the provisions of this law, the concession contract for acquisition are also applicable to large public works concession, unless this section provides otherwise. 57. article. The publication of the notice (1) in addition to article 38 of this law, in the said concession procedures the Commission statement on the great works concession contract for the acquisition of forward initiation of the procurement monitoring Bureau for publication in the official journal of the European Union.
(2) the procurement monitoring Bureau referred to in the first paragraph of the notice sent to the publication in the official journal of the European Union and at the same time on its home page on the internet.
(3) the concession procedures the Commission shall satisfy itself in the first part of the publication of this notice in the official journal of the European Union and the procurement monitoring Bureau homepage on the internet. 58. article. The deadline for the submission of tenders (1) If the concession procedure is organised as a competition with the selection of tenderers or as competitive dialogue, the great works concession application deadline after the article 57 of this law referred to in the notice published in the procurement monitoring Bureau homepage on the internet may not be less than 37 days.
(2) If the concession procedure is organised as a competition without the applicant selection, great works concession for the submission of tenders after article 57 of this law in a statement published in the procurement monitoring Bureau homepage on the internet may not be less than 52 days.
(3) If the concession procedure is organised as a competition with the selection of the tenderer, the great works concession for the submission of tenders after invitation to tender sent to selected applicants, must not be less than 40 days.
(4) If the concession procedure is organised as a competitive dialogue, the great works concession tender the tenderer who has received this law article 47 the seventh part of the invitation to submit a tender, the invitation shall be submitted in the specified time limit.
(5) the concession procedure, the Commission is entitled to extend the application of this article, certain deadlines for the submission of tenders and, by publishing the same statement that was initially published information about the application or the submission of tenders. This extension of time limits should not be considered Charter amendments to article 35 of this law.
(6) if the Charter is amended (article 35) and half the time has elapsed or a longer time from the first and third subparagraphs, of the period referred to in the application or the submission of tenders after the procurement monitoring Bureau homepage on the internet has published repeated notice of invitation to participate in the concession procedure, must not be less than 21 days from the date of publication, but in the second case referred to less than 26 days. Article 59. Specific conditions, through a contract with third parties for the performance of construction work (1) If a private partner fulfils the definition of a public procurement law and provides that the works will take a third party, then the private partner, closing the large works concession contract, the public procurement law.

(2) If the private partner does not meet the definition of the principal public procurement law, but the estimated contract price of the work is equal to the Cabinet fixed the contract price limit or larger and it is intended that the works will take the third person, then: 1) the private partner sends the procurement monitoring Bureau for publication in the official journal of the European Union statement on the jobs that will be available to third parties. Procurement monitoring Bureau at the same time that notice placed on its homepage on the internet. The Cabinet of Ministers shall determine the form and content of this notice. Notice is not required if a works contract satisfies the conditions of the law of public procurement relating to the negotiated procedure, without publication of a contract notice;
2) application period for carrying out the work must not be less than 37 days, but the time limit for submission of tenders: less than 40 days from the date on which the contract notice published in the procurement monitoring Bureau homepage on the internet.
(3) persons who joined together in an Association of persons, or to submit an application for participation in the tender procedure, or concessions with associations of such persons related persons in great works concession in the context of performance of the contract are not considered third parties. The following list of persons included in the application or the applicant to offer. If the person changes the Association members, private on the neris in writing, within one month, inform the public partner representative and is entitled to continue the concession contract, if it has the written consent of the representative.
(4) the third part of this article on the meaning of related individuals regarded as persons in the private partner has direct or indirect decisive influence of Law Group, or people who have a decisive influence in the private partner or, as the private partner is on the other person's decisive influence.
(5) the concession procedure the Commission the big works concession in the case statement can: 1) specify that the private partner is granted to third parties at least 30 percent of the total volume of construction works, while preserving the possibility for applicants to raise their percentage of the total amount of the works which will be carried out by third parties. The minimum amount of the interest limit of the total amount of the works, which will be carried out by a third party, to be the great works concession contract;
2) require that the applicants submitted tenders the percentage indicates the amount of the total volume of the works they plan to release to third parties. (C) the section of public and private partnership contracts, the target company, the information exchange agreement, transactions with the public partner resources and donor intervention rights chapter XIII. Public and private partnership agreement, modification, termination and early registration article 60. Public-private partnership contract (1) partnership contracts is a civil contract, which may be concluded for a period which is longer than five years, but not exceeding 30 years, except for the third paragraph of this article, the specific case.
(2) the concession contract is a civil contract, which may be concluded for a period of up to 30 years, except for the third paragraph of this article, the specific case.
(3) public and private partnership agreement for a period of more than 30 years, the switch, if it is necessary for the purposes of the contract and the results to be achieved, based on the financial and economic calculations. 61. article. Public-private partnership contract of the parties (1) public-private partnership contract shall each partner and the public that the tenderer to whom the public-private partnership procedure granted the contract.
(2) the public contracts on behalf of the partners signing each partner's public representative.
(3) the conclusion of the public-private partnership contract to a public partner representative shall provide the management authority. 62. article. Public-private partnership contract, the information to be included in the public-private partnership agreement shall specify: 1) the object of the contract, which covers works or services, the content, quality, and type.
2) financial conditions of the contract;
3) set of the rights which each partner puts public private partner;
4) public partner resources that each partner shall transfer the private to the public for the transfer of these resources, nerim arrangements;
5 proprietary rights) the parties to the contract period for the newly corporeal things, as well as to intangible assets related to the agreement, licences, permits and other documentation;
6 the term of the contract);
7) time limits for carrying out the work or the provision of services and the conditions for their review;
8) order in which a public partner resources and results of the implementation of the Treaty in the estate, the newly required for further services or property management, will be released to the public partner to the contract in case of early termination or expiry of the agreement;
9) limits or conditions relating to the changes in the share capital or of the private partner to the decisive influence of the private partner company or any company in which the changes to the private partner has decisive influence;
10) risks that each partner shall transfer the public private partner;
11) payments by the parties during the term of the contract, and the review of such payments conditions (if provided);
12) right (if necessary) for the private partner to collect payments from end users of any service, the size of the payment, the recipient of the service during the term of the contract, the conditions for the review of these payments;
13) private partner responsibilities (if necessary) to ensure that third parties do not end the approach used during the term of the contract object, or the service rendered;
14) the parties ' rights under the agreement to transfer their rights and obligations to third parties, and conditions that restrict this right;
15) conditions as to whether the private partner must insure with the performance of the contract the associated risks, and if so what should be protected, and to what extent should be protected;
16) private partner's obligations in relation to the protection of the environment and the protection of cultural monuments (if necessary);
17) the parties their obligations with regard to the execution of the contract required real estate, equipment and other belongings, transfer or purchase and the other conditions which apply to these responsibilities (if provided);
18) the order in which each public on the neris will check the performance of the contract;
19) in cases of force majeure and the conduct of the parties, if any occurred;
20) in the case of early termination in accordance with article 65 of this law, the early termination of the contract in accordance with the procedures of article 66 of this law, the parties of the determination of the amount of the compensation and the cost of the procedure in these cases in accordance with article 67 of this law;
21) cases in which the parties can unilaterally require early termination of the contract in accordance with this law, the first paragraph of article 65, paragraph 1 and the second subparagraph of paragraph 1;
22) the amendment of the Treaty, the limits of the recurrence and procedures;
23) association with any other contracts concluded in advance (or liability against third parties, if such exist), the obligations to be taken over from these contracts;
24) conditions in which the public partner or sponsor may take over any private partner duties to ensure effective and continuous contractual execution of work or the provision of services;
25) on the right of the public acknowledgement to the partner representative to receive information from the sponsor of the private partner and the financing conditions on how the private partner respects the conditions of financing;
26) order in which a contract is continued, if the legal person ceases as a public partner (if a legal entity is a public partner) in accordance with article 65 of this law, the fifth and sixth;
27) dispute;
28) other provisions arising from the public procurement Act or this Act or which the parties consider necessary and which are not contrary to the legislation. Article 63. Public and private partnership agreement amendment (1) public and private partnership agreement may be amended only in the contract or in the cases provided for in this Act.
(2) each of the parties is entitled to require a public-private partnership contract modification whenever significant changes: 1 not envisaged) law, which applies to public and private partnerships for the implementation of the contract;
2) economic and financial conditions, which affect public and private partnership for the implementation of the contract.
(3) of this article, in the cases referred to in the second subparagraph of the public-private partnership contract may be amended if: 1) changes occurs after a public and private partnership agreement;
2) changes are essential;
3) change is inevitable and independent of the will of the parties and control.
(4) public-private partnership contract for this article, in the cases referred to in the second subparagraph is amended to contract to maintain and meet the new circumstances.
(5) the concession contract amendment must not be such that result in a change in the distribution of risk in the concession agreement.

(6) If a public and private partnership agreement can only continue if the above changes are specified in the contract, public and private partnership assets (article 16, sixth paragraph 5), the public partner representative to sign the amendments to the Treaty to receive the opinion of the Ministry of Finance on an amendment of the impact on the long-term commitment of the budget and the national debt. If the opinion of the Ministry of finance indicate that public-private partnership contract amendment will cause unwanted effects on the national budget long-term commitment and debt, a decision on amendments to the agreement shall be adopted by the Cabinet of Ministers.
(7) the parties to make public and private partnership agreement amended the public partner representative shall provide the management authority. 64. article. The supervisory authority's opinion on harmonised concession contract amendments (1) where a concession contract amendments may affect the distribution of risks between the public partner and the private partner, representative of the public partner after article 63 of this law in the cases set out in the parties are brought in the concession contract, the agreed amendments to the concession agreement draft amendments transmitted to the supervisory organ to get an opinion on whether the distribution of risks between the public partner and the private partner concession contract for the match.
(2) If in the opinion of the supervisory authorities have indicated that the concession agreement draft amendments to the information contained in the result — the risk shared between the public partner and the private partner concession contract, meet each partner's public representative signing the agreement for the respective concession agreement.
(3) If in the opinion of the supervisory authorities that is specified in the concession agreement of the harmonized draft amendments to the information contained in the result — the risk shared between the public partner and the private partner does not comply with the dealership contract, a representative of the public partner shall inform the parties of the private partner and the repeat of the concession agreement amendment.
(4) a public representative of the new partner agreed concession agreement draft amendments transmitted to the supervisory authorities referred to in the first subparagraph in an opinion.
(5) If the parties are unable to agree on the concessions contract amendments which risks between the public partner and the private partner concession contract for the match, the concession agreement is amended or is terminated before the deadline in accordance with this law, the third subparagraph of article 65. Article 65. Public and private partnerships for early termination of the contract (1) the public partner has the right to unilaterally withdraw from public and private partnership agreement before the deadline, by sending a written notification to the private partner, in the following cases: 1) in the cases provided for in the contract;
2) if it is necessary for public safety, environmental protection or public health and safety purposes;
3) If a private partner has been submitted to the commercial register authority application for termination of their activities;
4) where the insolvency law is the decision of the private partner's bankruptcy proceedings.
(2) the private partner has the right to unilaterally withdraw from public and private partnership agreement before the deadline, sending the public partner written notice, in the following cases: 1) breach of contract provided for in the contract;
2) if all the legal persons as public partners have submitted an application for the commercial register authority of its operations;
3) where the insolvency law is a decision on the commencement of bankruptcy proceedings with regard to all legal entities as the public partner.
(3) the parties to a public-private partnership contract may be terminated by agreement of the parties and after.
(4) public and private partnership agreement before the deadline also may be terminated in cases of force majeure, in accordance with the civil code. Insuperable for the meaning of this law can not be considered as public and private partnership agreement adopted in legislation, public administration bodies and adopted documents.
(5) a legal person as a public partner of its decision to terminate (article 65 of the second subparagraph of paragraph 2) public-private partnership contract period can be accepted only if the legal person of the founder or participant: 1) has created a new legal entity or other legal person votes in which he is the sole founder or member of, the obligation to fulfil the public partner's obligations under public-private partnership agreement.
2) the same shall continue to perform the public partner's obligations under public-private partnership contract.
(6) where the insolvency law is a decision on the commencement of bankruptcy proceedings with regard to legal persons as public partners (article 65 of the second subparagraph of paragraph 3), the founder of the legal person or participant: 1) creates a new legal person or other legal entity, in which he is the sole founder or member of, the obligation to fulfil the public partner's obligations under public-private partnership agreement.
2) the same shall continue to perform the public partner's obligations under public-private partnership contract. 66. article. Early termination of contract procedures (1) If this Act 65 of the first paragraph of article 1, paragraph 1, second subparagraph, or in the case referred to in paragraph is timed from a public and private partnership cases laid down in the Treaty, for which public or private partner can unilaterally withdraw from the Treaty, and to the other parties can be eliminated, the relevant public or private partner written notice to the other parties that the If this does not prevent the infringement of the contract within the time limit set in the notice, the relevant public or private partner will use this law, article 65 of the first paragraph of point 1 of part 1 or 2 of the right provided for in paragraph to terminate the contract before the deadline. Warning the deadlines for the correction of the irregularity must be such as to this particular violation within the time limit would be impossible to prevent.
(2) If the first subparagraph in the case of public-private partnership contract termination reasons, the parties cannot be avoided in general or within the time limit set in the notice of violation of the contract, the other parties will notify him about the public-private partnership termination before term.
(3) the decision on the termination of the contract before the deadline, if it is required for national security, protection of the environment or public health and safety, shall adopt each partner institution of the public that this law, in article 16, first and second part of these cases are decided on the public-private partnership contract award procedure.
(4) When referred to in the third subparagraph, the institution has acted unilaterally to terminate the public-private partnership agreement before the deadline, the public partner shall notify, in writing, a representative to the private partner that the public is using this law, the first paragraph of article 65, paragraph 2, of the rights provided for in the unilateral, terminate the contract before the deadline.
(5) Before a private or public partner shall decide on the termination of its activities, it shall notify that decision to the other parties of the time, as well as immediately after he has submitted an application to the commercial register authority for their dissolution and when commercial register authority has taken a decision on its dissolution.
(6) the parties that received this article the decision referred to in the fifth subparagraph, forward to the other parties to the notification of unilateral withdrawal from the public and private partnership agreement before the deadline, in accordance with article 65 of this law, the first part of paragraph 3 or the second subparagraph of paragraph 2, provided for in the law.
(7) private or public partner shall take a decision on the filing of insolvency proceedings, it shall communicate that decision to the other parties, as well as to the time immediately after the filing of the Court and then the Court has taken a decision on the Declaration of insolvency proceedings.
(8) the parties that received the seventh part of this article, the Court referred to the decision of the other parties to the bankruptcy, send the other parties to the notification of unilateral withdrawal from the public and private partnership agreement before the deadline in accordance with this law, article 65 of the first subparagraph of paragraph 4 or in paragraph 3 of the second paragraph of the rights.
(9) public-private partnership contract before expiration by agreement of the parties can terminate only when it adopted the decision of each partner institution of the public that this law, in article 16, first and second part of these cases are decided on the public-private partnership contract award procedure.
(10) public-private partnership agreement the parties provide for the period after which the public partner notification in writing of the representative in the second, fourth, sixth and seventh in the cases referred to in the contract terminates.
(11) in cases of force majeure, the public-private partnership contract is terminated before the term in civil law and public-private partnerships in the cases provided for in the Treaty and in order.

(12) the notifications referred to in this article on unilateral resignation from public and private partnership agreement before the deadline, or agreement on the termination of the contract before the deadline in a public partner representative shall provide the management authority. Article 67. Compensation before the expiry of the Treaty in the case of (1) the parties in the public and private partnership agreement agree on compensation and costs order, ending the contract before the deadline, which is not in contradiction with this law and the provisions of the civil code, pursuant to the provisions of this article.
(2) If a public-private partnership contract is terminated before the expiry of this law article 65 1 of the first paragraph of point (if the termination of the contract before the term is associated with the private partner commit a breach of contract), and 2. in the cases referred to in paragraph 1, the private partner receives compensation, consisting of: 1) payments on the investments made by the private partner under the terms of the contract;
2) fee for early termination of the contract according to the conditions of the contract;
3) other payments provided for in the Treaty.
(3) If a public-private partnership contract is terminated before the expiry of this law article 65 1 of the first paragraph of point (if the termination of the contract before the term is associated with a private partner commit a breach of contract), points 3 and 4, and in the cases referred to in the second subparagraph, the parties that unilateral steps back from the contract before the deadline, receive compensation calculated in accordance with that agreement, and which may also include payments for investments made by the private partner.
(4) the public partner in the public-private partnership agreement must not engage in random risk in relation to the termination of the contract before the date this law article 65 in the fourth case referred. 68. article. The availability of the Treaty (1) public-private partnership contract to a public information is information that is not in accordance with the Law of trade secrets.
(2) public-private partnership contract is available in full to the surveillance authority, State control, the Ministry of finance, Ministry of Economy, as well as the competent national authorities, the laws and the cases and order. Article 69. Registration of the Treaty (1) the information on the conclusion of the public-private partnership contract, amendments and termination of the entered public and private partnership contract in the register (hereinafter register of contracts).
(2) a contract entered in the register particulars of partnership contracts or concession contracts, as well as contract and accounting procedures of registration is determined by the Cabinet of Ministers.
(3) a register is public.
(4) a register of leading companies. Chapter XIV. The target of the Treaty, the conclusion of contracts with target and donor intervention rights article 70. The application of the provisions of the law in the case of the target If this law is founded in the target company, the public-private partnership for the conclusion of the contract, amendment or termination of this law shall apply to the provisions of chapter XIII, pursuant to this chapter. 71. article. The target of the Treaty (1) target setting, if public and private partnership procedures documents have intended that this procedure results in a specific tenderer must establish that the target company or the applicant can establish the target.
(2) of this article, in the case referred to in the first paragraph, each tenderer in his tender shall state: 1) company and its members, or members if the public-private partnership procedure documents provides that the applicant must establish the target company;
He established in 2) or the target and, if found, the way and its companies, members or members, if public-private partnership procedure documents provides that the applicant may start a target company.
(3) target setting under commercial law. If the target company is a limited liability company, all of the company's shares shall be registered shares.
(4) If the applicant is a single person on the target company's founder may have only this applicant. If the applicant is an Association of persons of the founders of the target company may be just the person forming the Association.
(5) the founding members of the instruments establishing the target company must be drawn up so as to ensure that the target company member or member's replacement with the proposed public funders and partner accepted the new target members or 73 of this law in the first subparagraph of article in those cases.
(6) the application of the Law on the commercial register to record the target company's founders can be submitted not earlier than after 15 days from the date of the notice of the public-private partnership procedure published the results of the procurement monitoring Bureau homepage on the internet. 72. article. Public and private partnership agreement with the target company (1) the public partner representative public and private partnership agreement with the target company closed after the business register as a commercial institution, in accordance with the procedure laid down in the Law is promulgated by the record of recording in the commercial register of the target company pursuant to the second paragraph of this article.
(2) the Public partner representative public and private partnership agreement with the target company after the signature of the target company's founders have met the law's fifth article 71 requirements.
(3) the establishment of the target company in the case of public-private partnership contract shall each partner and the target public.
(4) public and private partnership agreement on behalf of the target switch target officials under commercial law. 73. article. With the conclusion of the target public and private partnership agreement early termination procedures and the calculation of compensation (1) in addition to article 65 of this law in the first part with the target specified in the public-private partnership contract to a public partner before the deadline also may be terminated in the following cases: 1 if the target company's sole shareholder) has submitted an application for the commercial register authority of its operations;
2) if the Court has given a target only the Member's insolvency.
(2) any member or members of the target company before he makes a decision on its winding up, shall notify the public of the decision and the time available to the partner, as well as immediately after you have submitted the application to the authority for the commercial of his termination and when commercial register authority has decided that Member's dissolution.
(3) a public partner, received the second part of that target only the Member's decision on its dissolution, notify the sponsor of the private partner, to ensure him a 79. this law referred to in the first subparagraph the intervention rights. If the sponsor this law, article 80, first paragraph, the order shall notify that they do not wish to use intervention rights, public partner sends the private partner notification of unilateral withdrawal from the public and private partnership agreement before the deadline, in accordance with the first subparagraph of paragraph 1.
(4) any member or members of the target company, before taking a decision on the application for judicial review to the Court declared his insolvency, shall notify the public of the decision and the time available to the partner, as well as immediately after the filing of the Court and, after the Court has decided that Member's insolvency.
(5) the Public partner, received the fourth paragraph of this article, the Court referred to in the decision as the only participant's insolvency, notify the sponsor of the private partner, to ensure him a 79. this law referred to in the first subparagraph the intervention rights. If the sponsor this law, article 80, first paragraph, the order shall notify that they do not wish to use intervention rights, public partner sends the private partner notification of unilateral withdrawal from the public and private partnership agreement before the deadline, in accordance with the first subparagraph of paragraph 2.
(6) if the target company in the case referred to in the first subparagraph does not provide the Member or members of the target's replacement with the sponsor of the proposed article 74 of this law and in these cases the public partner accepted new members or of the target company, each representative of the public partner shall take a decision on the public-private partnership, the termination of the contract in accordance with the first subparagraph of paragraph 1 or 2, and notify the private partner sponsor and its surveillance authority.
(7) If a public-private partnership contract is terminated before the date of this article, the third and sixth in the case referred to, the calculation of compensation shall apply article 67 of this law the provisions of the third paragraph. 74. article. Target participants (1) cases in which the target company participant or member that ceases to be a member or members of the public or another person become members or of the target company, and the order in which they occur, under the commercial law determines the public-private partnership contract, pursuant to this article.

(2) If a public and private partnership agreement provides that the private partner works, carried out by the target company's Exchange members or until the contractual structure with the acceptance and transfer of the Act is put into operation, is possible only after previous public representatives of each partner's written consent.
(3) If a public and private partnership agreement provides that the private partner continues in the construction management of the built in target members or changing the structures provided for in the contract commissioning a public partner representatives, consent is not required when public and private partnership agreement provides otherwise.
(4) where a public-private partnership contract is a public service contract or service concession agreement, which does not provide for the execution of work, target change members or possible only after prior public representatives of each partner's receipt of the written consent, if public and private partnership agreement provides otherwise. Chapter XV. The information exchange agreement, article 75. The conclusion of the agreement on the exchange of information (1) If a private partner has made public its donor partner's application to the draft Treaty for the exchange of information, the public partner information exchange agreements concluded with public-private partnership contract.
(2) the information exchange agreements remain in force as long as the private partner has not fulfilled all of the funding contract, against the sponsor, if the parties do not agree otherwise. 76. article. The exchange of information, the information to be included in the contract, the information exchange agreement specifies: 1) in the order in which the Parties inform each other about public-private partnership contract violations;
2) order in which the sponsor will inform the public about the private partner lending contract violation of;
3) public-private partnership contributing to the treaty rights of intervention procedures in accordance with this law, 79, 80, 81, 82 and 83 of the article;
4) public-private partnership contract procedure is continued performance of the contract to the law referred to in article 82 of the new public-private partnership for the conclusion of the contract, if the sponsor used intervention law;
5) action, if the sponsor terminates or if the donor intervention attempts to find a private partner, with which the public partner in the conclusion of a new public-private partnership contract is not successful;
6) action, if public-private partnership contract is terminated before expiry of this law, article 65 of the first paragraph of point 2, second, third and fourth cases;
7) order in which the parties exchange other information;
8) other provisions that the parties consider necessary. Chapter XVI. Transactions with the public partner resources article 77. The action by public partners resources (1) the private partner for public and private partnership agreement in certain public partner resources that a private partner in use, may not be disposed of, including investing in share capital of a capital company, others to pledge or otherwise encumber, or take any other action as a result of which these resources can become another person's property.
(2) if the Court, in accordance with the insolvency law has given a private partner, the insolvency proceedings referred to in the first subparagraph, the public partner resources are assets belonging to third persons and not part of the private partner as the property of the debtor, which subjected the claims of creditors in insolvency proceedings.
(3) The first paragraph of this article public partner resources private partner in case of default is not directed at izpilddokument, where drive international documents provide otherwise.
(4) if the private partners in the event of termination of their liquidation, the liquidator of the closing of the financial statements and the Division of property of the plan may be prepared only after the first paragraph of this article by the public partner resources for public and private partnership in accordance with the procedure laid down in the contract have been handed back to the public partner or the new private partner.
(5) where a public-private partnership contract is terminated before expiry of the term of the contract or if, in the first paragraph above public partner resources returned to public partner public-private partnership agreement.
(6) If a public-private partnership contract is terminated before expiry of the term of the contract or if the execution of the contract, the newly created value, shall be transmitted to the public partner public-private partnership contract in the cases and in the procedure. 78. article. The strengthening of the rights to public partner resources (1) private partner on public and private partnership agreement in the land of the public-private partnership agreement or separate from the contract, burdens on immovable property, which is 77 this law referred to in the first subparagraph, the public partner resources.
(2) If a public and private partnership agreement shall expire at the time limit laid down, the first part of the shore in the land register is deleted on the basis of the public representative of the partner application.
(3) If a public-private partnership contract is terminated before the expiry of this law article 65 or 73. referred to in the first paragraph of this article, in the cases referred to in the first paragraph of the shore in the land are deleted on the basis of the public representative of the partner application, which is added to the article 66 of this law or in article 73 of the document referred to in the sixth paragraph, which has been the basis for the early termination of the contract. Chapter XVII. Donor intervention rights and a new contract award procedure article 79. Intervention of right (1) to ensure that public-private partnerships, the continuation of this law of the Treaty 65 the first paragraph of article 1, 3, and 4, and article 73, paragraph referred to in the first subparagraph, the cases and allow the sponsor to continue public-private partnership financing of performance of the contract and recover the private partner for this purpose aizdoto funds, sponsor has the right to interfere by offering the public partner: 1) a new private partner in this law article 65 1 of the first subparagraph. 3. and 4. in the cases referred to in point;
2 new private actors) this law, article 73, first paragraph in those cases.
(2) referred to in the first subparagraph the intervention implementation can start right after the public partner representative this Law 65 of the first paragraph of article 1, 3, and 4. in the cases referred to in point took the decision to end the public-private partnership contract before the deadline and announced a private partner and his sponsor. If the public-private partnership agreement entered into between several public partners, contracts may be terminated with the representatives of all the public partners of joint decision.
(3) public-private partnerships and the exchange of information in the contract, the contract may provide that the sponsor has the right to intervention, even if changing any of the members or the members of the target company. In this case, the agreement also provides for the order in which the sponsor used intervention rights and a public partner representative to give consent to the Member or members of the target company's replacement. 80. article. Intervention arrangements for exercise of rights (1) If a public partner representative has announced a private partner and sponsor of this law, article 79 of the decision referred to in the second subparagraph of article 73 of this law, or the third or the fifth part of the communication, the sponsor shall within one month notify the public partner representative, if he wants to use the intervention.
(2) the sponsor the right to use the intervention, the exchange of information in accordance with the procedure laid down in the Treaty, and timeless. Information exchange treaty funder intervention rights, pursuant to this law, article 81 of the fifth part, may not exceed six months from this law, article 79 of the public referred to in the second subparagraph partner date of receipt of the notification. 81. article. The sponsor of the successful tenderer and its evaluation (1) Contributing to the successful tenderer must comply with the requirements and criteria, which was raised by the applicants to the partnership in the procurement procedure or the concession procedure, taking into account the specific public-private partnership contract performance stage.
(2) the requirements and criteria, taking into account the specific public-private partnership contract performance stage, must meet the funding offered by the tenderer, and the documents which certify the applicant's compliance with these requirements and criteria, the public partner indicates this law, article 79 second paragraph or article 73 the third or fifth part of that communication.
(3) a representative of the public partner shall assess the applicant's proposed financing documents presented in the same order in which the documents examined, clarifying the applicant with which the public partner entered into a public-private partnership agreement, taking account of the legal provisions in force in the applicant's proposed contributing documentation.

(4) the Public partner representative may withdraw from a new public-private partnership contract to sponsor the proposed tenderer only if the applicant does not meet the second part of this article, the requirements and criteria.
(5) If a public partner representative in the fourth paragraph of this article, in this case, refuses to enter into a new public-private partnership agreement with a sponsor offered the applicant, sponsor one more time can offer other candidates one month from this article mentioned in the fourth paragraph of the date of receipt of the refusal. Article 82. A new public-private partnership contract (1) the new public-private partnership contract is closed about the same subject and on the same terms as the original public-private partnership contract, having regard to the particular stage of completion of the contract.
(2) To sponsor the proposed tenderer be acquainted with the draft Treaty, in the light of the first part of this article, the public partner representative this law, article 79 of the notification referred to in the second subparagraph shall be added to the new public-private partnership project of the Treaty stating that the terms of the contract are regulated as immutable.
(3) before the new concession agreement is sent to the sponsor by the public partner Representative forwarded the treaty monitoring body to get an opinion on the distribution of risks between the public partner and the private partner in compliance with the concession agreement. The opinion of the supervisory organ for the new concession agreement draft provides in article 34 of this law.
(4) the negotiations with the tenderers proposed for funding public and private partnership agreement project are in article 52 of this law.
(5) the parties signed a new public-private partnership contract to a public partner representative shall provide the management authority. 83. article. Public-private partnership contract performance assurance (1) public and private partnership agreement the Parties shall agree on the order in which performance of the contract shall continue until: 1) of the Act referred to in article 82 of the new public-private partnership for the conclusion of the contract, if the sponsor used intervention law;
2) of this Act for the termination article 65 and 73 in the first subparagraph of article in those cases.
(2) the first subparagraph of this article referred to in paragraph 1 in the case, the parties agree that the public and private partnership agreement under the private partner's duties until a new contract is concluded, to continue to perform private or public partner.
(3) the first subparagraph of this article referred to in paragraph 1 in the case the parties may agree that the public and private partnership agreement in certain private partner until the conclusion of a new contract to remain with the sponsor if it also provided for an exchange of information agreement. (D) institutional partnership section Chapter XVIII. Institutional partnerships General provisions article 84. Create a Kopsabiedrīb Kopsabiedrīb: 1) creates the public partner and the private actors to establish a new Corporation under commercial law and subject to the law of public administration facilities;
2) private member acquiring shares in State or municipal corporation in accordance with the law "on State and local government owned capital shares and enterprises ' rules for private equity fundraising to cover shares with money (hereinafter referred to as the national or municipal corporation conversion). 85. article. The application of the provisions of the law in the case of kopsabiedrīb (1) If a public partner with kopsabiedrīb as a private partner partnership contracts concluded, members of the private kopsabiedrīb the determination of the applicable public procurement rules for tender, tender or closed competitive dialogue pursuant to this section.
(2) if the public partner with kopsabiedrīb as a private partner concession contract closed kopsabiedrīb private member shall apply to the determination of this law article 17, first paragraph, of that concession procedures pursuant to this section.
(3) institutional partnership in the event of this law, the provisions of section C, pursuant to this section.
(4) After the establishment of the kopsabiedrīb public and private partnership for the conclusion of the contract of the public-private partnership procedure again. Chapter XIX. Kopsabiedrīb private member discovery Article 86. Partnership application of procurement procedures in the case of institutional partnerships (1) if the kopsabiedrīb member of the determination of the private public partner apply public procurement rules, in addition to the public procurement law for the information set out in the relevant documents indicate: 1) that the partnership for performance of public procurement contract partner (one or more) and the private member will establish a corporation or make public or municipal corporation of kopsabiedrīb, which as with private partners, each partner will close to the public procurement contract of partnership;
2) rules on the distribution of kopsabiedrīb shares;
3) conditions relating to the functioning and opportunities of the kopsabiedrīb to take on additional tasks of the partnership contracts running;
4) disposal of the assets of the partnership, kopsabiedrīb purchase contract execution;
5) kopsabiedrīb termination of rules;
6) in the second or the third part of the document referred to in the draft rules, which it during reconciliation must not be amended.
(2) If a partnership contract execution public procurement partner and founding member of the private corporation, then in addition to the public procurement legal documents concerned shall be accompanied by: 1) of the Treaty establishing the kopsabiedrīb project;
2) of the Statute of the kopsabiedrīb project;
3 members of the draft Treaty).
(3) If a partnership contract for the execution of the public partner and the private member will transform the national or municipal corporation, in addition to public procurement legal documents concerned shall be accompanied by: 1) public or municipal corporation's share capital increase;
2) of the Statute of the kopsabiedrīb project;
3 members of the draft Treaty). 87. article. The concession procedure rules in case of institutional partnerships (1) If the private member kopsabiedrīb for determining the public partner shall apply any of this law, the first paragraph of article 17 of the said concession procedures, then in addition to article 33 of this law, information shall specify: 1) the concession contract for the execution of public partner (one or more) and the private member will establish kopsabiedrīb or make public or municipal corporation of kopsabiedrīb, with which each partner with the public as the private partner concession contract will close;
2) rules on the distribution of kopsabiedrīb shares;
3) conditions relating to the functioning and opportunities of the kopsabiedrīb to take on additional tasks during the execution of the concession contract;
4) disposal of the assets of the kopsabiedrīb after the execution of the concession contract;
5) kopsabiedrīb termination of rules;
6) in the second or the third part of the document referred to in the draft rules, which it during reconciliation must not be amended.
(2) where a concession contract for the execution of the public partner and the private actors in kopsabiedrīb forest, in addition to article 33 of this law, the eleventh part of these regulations shall be accompanied by: 1) of the Treaty establishing the kopsabiedrīb project;
2) of the Statute of the kopsabiedrīb project;
3 members of the draft Treaty).
(3) where a concession contract for the execution of the public partner and the private member will transform the national or municipal corporation, in addition to article 33 of this law, the eleventh part of these regulations shall be accompanied by: 1) public or municipal corporation's share capital increase;
2) of the Statute of the kopsabiedrīb project;
3 members of the draft Treaty).
(4) If the private member kopsabiedrīb for the establishment of a public invitation to the dialogue partner, the regulation may not add the second and third subparagraphs in these documents. In this case, these documents are to be added to article 47 of this law the eighth invitation, referred to in the invitation stating that the draft documents referred to during the reconciliation of the provisions should not be amended. 88. article. The dealership termination or suspension in the case of institutional partnership if the public partner in the public-private partnership contract to enter into with the kopsabiedrīb yet, the concession procedures the Commission shall take a decision to terminate the concession procedure (article 36, first paragraph) in the following cases: 1 if the concession procedure) the Commission in negotiations on the concession contract and the article 87 of this law in the second or third statute referred to documents attached to any of the applicants this Law 52. in accordance with the procedure laid down in article does not reach an agreement about any of these documents;
2) If, after 89 of this law in accordance with the procedure laid down in article are in agreement on article 87 of this law in the second or third paragraph the documents mentioned, kopsabiedrīb is not established. Article 89. The negotiations on the concession contract and other documents

(1) the negotiations on the concession contract for project 52 of this law in accordance with the procedure laid down in article while negotiations are carried out also on article 87 of this law in the second or third part in these documents.
(2) the negotiations must unfold only in relation to those referred to in the first paragraph of the draft provision, which is not regulated in the Statute as immutable. Article 90. The Treaty of Kopsabiedrīb and public-private partnership contract (1) every public partner kopsabiedrīb, a representative of the EC Treaty by private actors switch not earlier than after 15 days from the date of notification of the results of the procedure for concession published in the procurement monitoring Bureau homepage on the internet.
(2) every public partner representative public and private partnership contract with kopsabiedrīb closed after the business register as a commercial institution, in accordance with the procedure laid down in the Law is promulgated by the record of the recording of the commercial register kopsabiedrīb. 91. article. The Commission's final report in the case of an institutional partnership in addition to this law, article 55 of the sixth part the documents mentioned in the concession procedure, the Commission shall also be accompanied by the final report of this law article 87 in the second or the third part of the mentioned documents. Chapter XX. Public and private partnership agreement in a case of institutional partnership article 92. Public and private partnership agreement in a case of institutional partnerships (1) in the case of institutional partnerships in addition to article 62 of this law for the information set out in the public and private partnership agreement shall specify: 1) that the expiry of the public-private partnership contract (even if it is in accordance with the procedure laid down in this Act is terminated prior to maturity), the kopsabiedrīb, the transaction is terminated in accordance with the procedure laid down in its terms of reference;
2) the distribution of shares in kopsabiedrīb and the way in which and to which time this capital allocation will be achieved;
3) conditions relating to the functioning and opportunities of the kopsabiedrīb to take on additional tasks in the public-private partnership at the time of performance of the contract;
4) disposal of the assets of the kopsabiedrīb after a public-private partnership contract execution or in case of early termination;
5 kopsabiedrīb of the liquidation quota) setting the agenda, pursuant to this law, article 96, second subparagraph;
6) procedures for the payment of compensation in the event of termination of activities, kopsabiedrīb, liquidation quota does not cover the amount of the refund arising from this agreement.
7) procedures of the private member kopsabiedrīb to pay the liquidation quota reduction of this law article 117 in the second part of the case.
(2) public-private partnership contract is signed on behalf of the kopsabiedrīb Board.
(3) in accordance with article 61 of this law the second part of the public-private partnership contract to a public partner name signature each partner's public representative. 93. article. Amendment of the Treaty in the case of institutional partnerships in the public and private partnership agreement amendment in the case of institutional partnership in accordance with this law, article 63 and 64. 94. article. Early termination of the contract in the case of institutional partnership institutional partnerships in the public partner in addition to this law, the first subparagraph of article 65 of the cases referred to have the right to unilaterally withdraw from public-private partnership contract well before the deadline in the following cases: 1) if the only private member kopsabiedrīb has been submitted to the commercial register authority application for termination of their activities;
2) if the Court has issued only kopsabiedrīb private member's insolvency. Article 95. Early termination of contract procedures in the case of institutional partnerships (1) before the private member kopsabiedrīb shall decide on its termination, it shall notify this decision to the public at the time, as well as the partner immediately after you have submitted the application to the authority for the commercial of his termination and when commercial register authority has decided that Member's dissolution.
(2) a public partner, received the first paragraph of this article of the kopsabiedrīb private member's decision on its dissolution, notify the sponsor of the private partner to provide him a chance to use the intervention. If the sponsor of this law article 100, first paragraph, the order shall notify that they do not wish to use intervention rights, public partner sends the private partner notification of unilateral withdrawal from the public and private partnership agreement before the deadline in accordance with this law, article 94 (1) of the regulation.
(3) the private member Kopsabiedrīb, before taking a decision on the application for judicial review to the Court declared his insolvency, shall notify that decision to the public partner and the time immediately following the filing of the Court and, after the Court has taken a decision on the Declaration of insolvency of the Member.
(4) the Public partner, received the third subparagraph of that decision of the Court of kopsabiedrīb private member's Declaration of insolvency, notify the sponsor of the private partner to provide him a chance to use the intervention. If the sponsor of this law article 100, first paragraph, the order shall notify that they do not wish to use intervention rights, public partner sends the private partner notification of unilateral withdrawal from the public and private partnership agreement before the deadline in accordance with this law, article 94, paragraph 2. Article 96. Compensation, terminate the contract before the expiry of the institutional partnerships (1) If a public-private partnership contract is terminated before the expiry of this law article 65 and 94 cases referred to, the determination of the compensation and the payment occurs, participants receive a quota of liquidation of kopsabiedrīb under commercial law.
(2) in determining the quota of liquidation of the kopsabiedrīb of this article, in the case referred to in the first paragraph, take into consideration the public-private partnership basis of early termination of the Treaty, the contributions of the members kopsabiedrīb's share capital and article 67 of this law. Article 97. Of contracts and other documents (1) the Treaty of Kopsabiedrīb and State or municipal corporation's share capital increase terms are generally available in commercial law.
(2) the contract is available for members of this law article 68 in the second part of the established institutions. Chapter XXI. The information exchange agreement, and the donor intervention rights institutional partnerships in article 98. The agreement for the exchange of information in case of institutional partnerships (1) in the case of public institutional partnership partner and sponsor switch information exchange agreement 75 and 76 of this Act. in accordance with the procedure laid down in article.
(2) in the case of institutional partnership information exchange contract shall specify: 1) this law, article 76 1., 2., 5., 6., 7., and the information referred to in paragraph 8;
2) public-private partnership contract law for the implementation of intervention in accordance with article 100 of this law;
3) action if the sponsor terminates the right of intervention or the sponsor's attempts to find a new kopsabiedrīb private members are not successful. Article 99. Intervention rights institutional partnerships (1) in addition to this law, the first subparagraph of article 79 of the cases referred to in the sponsor has the right to interfere by offering the public a new partner of private actors, kopsabiedrīb also this law 94. in the cases referred to in article.
(2) in order to ensure the donor intervention rights, public partner representative this law 94. in the cases referred to in article send a notice and offer to use donor intervention right this law, article 95 the second or the fourth part. 100. article. Intervention arrangements for exercise of rights in the case of institutional partnerships (1) sponsor intervention right this law, article 79 of the cases referred to in the first paragraph uses this law, in article 80.
(2) this Act 94. in the cases referred to in article sponsor one month from article 95 of this Act is the second or the fourth subparagraph of the date of receipt of the notification, notify the public partner representative, if he wants to use the intervention.
(3) in the case of the institutional sponsor of the partnership intervention rights used to exchange information in accordance with the procedure laid down in the Treaty and within the time limits pursuant to article 80 of this law the second part. 101. article. The sponsor of the proposed private member and its evaluation (1) the private Funders offered participants must comply with the requirements and criteria, which were raised in the private member kopsabiedrīb applicants who were established partnerships in the procurement procedure or the concession procedure, taking into account the specific public-private partnership contract performance stage.
(2) the requirements and criteria, taking into account the particular public-private partnership contract performance stage, must comply with the proposed private funders, as well as documents that certify the applicant's compliance with these requirements and criteria, the public partner indicates this law, article 99 in the second part of that communication.

(3) the Public partner representative evaluate the sponsor's proposed private member's documents presented in the same order in which the documents examined, found to private actors, by which the public partner together founded the kopsabiedrīb, having regard to the rules of law in force in the private funders offered participants a document date of the evaluation.
(4) the Public partner representative may refuse the private funders offered to participants to become members of the kopsabiedrīb only if he does not meet the second part of this article, the requirements and criteria.
(5) If a public partner representative in the fourth paragraph of this article, in this case, does not agree that the proposed private funders the member becomes a member of kopsabiedrīb, sponsor one more time can offer other private members within one month of the fourth paragraph of this article, that the date of receipt of the refusal. Article 102. Kopsabiedrīb private member's replacement (1) If a public partner representative, you have no objection to the proposed private funders, public members, a representative of the partner decides that the private member kopsabiedrīb becomes the sponsor of the proposed private member, and shall notify the sponsor thereof: 1);
2 the proposed private funders) participant;
3 kopsabiedrīb of the private member);
kopsabiedrīb of the Management Board; 4)
5. the supervisory body)
(2) the sponsor of a proposed private member of actors getting kopsabiedrīb using this law article 112.
(3) the sponsor of a proposed private member becomes a member of the commercial law in kopsabiedrīb order, by signing the agreement and members of the kopsabiedrīb agreement on accession to the Treaty of kopsabiedrīb documents.
(4) To the proposed private funders can look at the amendment of the Treaty and the agreement of the participants, the public partner of this law article 99 of the notification referred to in the second subparagraph shall be added to the agreed amendments to the draft of the Treaty and the agreement of the participants in the project. Chapter XXII. Create a Kopsabiedrīb article 103. Conditions for the formation of Kopsabiedrīb (1) kopsabiedrīb the setting up until the submission of the application for registration must be signed and all prepaid kopsabiedrīb laid down in the contract for the formation of the kopsabiedrīb capital.
(2) the filing of an application for registration To the Registrar of companies kopsabiedrīb capital pay only in cash.
(3) each public and private partner member resources that participate in the public-private partnership in the implementation of the Treaty, when the Treaty, put kopsabiedrīb's share capital after the recording in the commercial kopsabiedrīb.
(4) at the same time with kopsabiedrīb documents of the Treaty (Treaty and statute) every public and private partner members as members of the kopsabiedrīb signature agreement amongst the participants. Article 104. Private equity associate State or municipal corporation (1) private capital for public or municipal corporation in accordance with the law "on State and local government owned capital shares and enterprises", subject to the provisions of this article.
(2) If the decision of the public-private partnership, the initiation of this law, article 16, first paragraph 1 and referred to in paragraph 2, the institution wants to create kopsabiedrīb, attracting private capital to the State or municipal corporation, its article 16 of this law the decision referred to in the sixth subparagraph shall specify the national or municipal corporation, which will attract private capital.
(3) the second subparagraph is replaced by the decision of the law "on State and local government owned capital shares and enterprises ' proposed Cabinet or local Government Council (Council) decision on private capital in public or municipal corporation.
(4) the recording in the commercial register kopsabiedrīb kopsabiedrīb private member with each public partners as members of the kopsabiedrīb signature of members of the Treaty. Article 105. Treaty of Kopsabiedrīb Treaty of Kopsabiedrīb in addition to the commercial law: 1) indicates the purpose of the establishment of the kopsabiedrīb-kopsabiedrīb is founded in its public-private partnership in the execution of the contract, which the public partner will close with kopsabiedrīb;
2) contain the agreed public-private partnership, the provisions of the draft Treaty, the execution of which is dependent on the kopsabiedrīb of the private partner;
3) indicates that in the event of termination of the kopsabiedrīb, when they concluded the public-private partnership contract (even if it is in accordance with the procedure laid down in this Act is terminated prior to maturity), as well as the order in which kopsabiedrīb will accept the decision on the termination of their activities;
4) indicates that the kopsabiedrīb in the case of termination of the liquidation quota of each Member shall be determined in the order set out in the public and private partnership in the contract or in case of early termination;
5) indicates this law, in article 102, arrangements of the private member kopsabiedrīb replacement, if the sponsor article 100 of this law in the order used in the intervention rights and offers other private actors in the private member kopsabiedrīb. Article 106. Statute Kopsabiedrīb (1) Kopsabiedrīb of the statutes, in addition to the commercial law also indicate: 1) this law, article 105, paragraph 1, the specific objectives of the action kopsabiedrīb;
2 kopsabiedrīb of commercial types), which corresponds to public and private partnership agreement;
3) 105 of this law article 2., 3., 4. and 5. the information referred to in paragraph 1;
4 the private member) in the event of death, the shares go to kopsabiedrīb.
(2) If kopsabiedrīb is created by altering national or municipal corporation in this article, the information referred to in the first subparagraph shall also state or municipal corporation Charter amendments. Article 107. Kopsabiedrīb members (1) members of the Kopsabiedrīb contract shall specify: 1) this law, article 105 2., 3., 4. and 5. the information referred to in paragraph 1;
2) member of the kopsabiedrīb action to ensure this Law 108, 109, 110, 111, 112..., 114, 113, 115, 116, 117 and 118. compliance with article kopsabiedrīb in action;
3 kopsabiedrīb Member rights) use of public-private partnerships for the promotion of performance of the contract;
4) other provisions that members consider it necessary to incorporate into the agreement and which is not inconsistent with this Act, kopsabiedrīb and the Statute.
(2) members of the Kopsabiedrīb contract is void if one of the parties is no longer a member of the kopsabiedrīb. Chapter XXIII. Kopsabiedrīb the nature of the activities of article 108. Kopsabiedrīb activities (1) If this does not prevent the public-private partnership contract is successful and is intended for public and private partnership contract, public and private partnership agreement during the execution of kopsabiedrīb is entitled to deal also with other, public-private partnership contract incidental activities, taking account of the Government facilities Act.
(2) If a public-private partnership contract execution time kopsabiedrīb wants to make another commercial and it corresponds to the first part of this article, it shall adopt a decision on the kopsabiedrīb of the participants in the meeting. The decision is accepted, provided that all the members of the kopsabiedrīb vote. 109. article. Kopsabiedrīb as a limited liability company shares and members If kopsabiedrīb is a limited liability company: 1) kopsabiedrīb private member can make their shares only good for the sponsor, if the statutes do not prohibit the burdening of the part;
2 kopsabiedrīb private member's) death, he owned the shares go to kopsabiedrīb and the heirs of this member's remuneration for the capital receives under the procedures laid down in the Law;
3 kopsabiedrīb members) can not be excluded from society. 110. article. Kopsabiedrīb as the company's securities if the kopsabiedrīb is a joint stock company: 1) all the shares are registered;
2) society can not skip the preferred shares;
3) it does not convert may issue bonds or other securities that can be exchanged for shares of that company. 111. article. Private member's transition to kopsabiedrīb shares (1) If the sponsor used this law 99. laid down in the first subparagraph of article intervention rights and this law article 100 in the second part of the order offers other private actors in the private member kopsabiedrīb to the private partner to continue a public-private partnership contract, such a kopsabiedrīb member of the private capital over the kopsabiedrīb.
(2) the Management Board of Kopsabiedrīb by article 102 of this law in the first part of the receipt of that decision in accordance with the procedure prescribed by Law shall record in the register of members of the kopsabiedrīb or in the register of shareholders (hereinafter register of members) that the shares have moved to kopsabiedrīb.

(3) in the first subparagraph, in the case referred to in kopsabiedrīb is obliged to pay compensation to a former member of the kopsabiedrīb for the liquidation quota, which he received when the kopsabiedrīb operation is terminated as part of the capital at the time of transition.
(4) in the third subparagraph, liquidation quota calculation in article 96 of this Act. 112. article. Kopsabiedrīb disposal of the shares in the new private member (1) Kopsabiedrīb of this law, article 111 of the capital referred to in the first subparagraph of part of the forfeited article 102 of this law the decision referred to in the first paragraph of the proposed private funders, in concluding the contract with him about it, indicating: 1) the amount of money payable on capital;
2) pay period;
3) other conditions of the contract.
(2) the Management Board of the Kopsabiedrīb referred to in the first paragraph of the conclusion of the contract in accordance with the procedure laid down in the applicable entry kopsabiedrīb of new private actors in the register of members.
(3) For the first part listed in the parts of the new private equity participant to pay a sum of money corresponding to article 111 of this Act referred to in the third subparagraph the liquidation quota.
(4) prior to the recording in the register of members of the kopsabiedrīb each kopsabiedrīb the public partner and the private new Member signs the agreement on accession to the instruments of incorporation and the new members of the agreement. Article 113. Kopsabiedrīb meeting of members (1) members of the Kopsabiedrīb meeting is valid if it participates in all the members of the kopsabiedrīb.
(2) each in the capital of the kopsabiedrīb member to a single voice.
(3) the decision on the amendment of the articles of Association, capital kopsabiedrīb changes kopsabiedrīb reorganisation, the Group's conclusion, modification or termination, the company's inclusion, inclusion of and consent to the termination or continuation of the meeting of the parties kopsabiedrīb might accept the statutory number of votes if a vote "for" each public partner as a member of the kopsabiedrīb. 114. article. Public partner representation kopsabiedrīb management institutions (1) each public partner regardless of the shares it holds in the quantity kopsabiedrīb has at least one of the members of the Management Board and, if kopsabiedrīb is the Council, at least one of the members of the Council.
(2) the statutes of the Kopsabiedrīb determines the order in which kopsabiedrīb provides the first paragraph of this article. Chapter XXIV. Kopsabiedrīb the termination of 115. Kopsabiedrīb the basis for termination of the activities of the Kopsabiedrīb end: 1) with court ruling;
2) the opening of bankruptcy proceedings;
3) if the public partner and the kopsabiedrīb of public and private partnership agreement. 116. article. Closing the financial statement and the Division of plan of liquidation of the Kopsabiedrīb closing the financial statements and the company's remaining Division of plan checks the sworn auditor. Article 117. Kopsabiedrīb distribution of remaining assets (1) Kopsabiedrīb in case of termination of liquidation within the quota of the company assets shall be distributed to the public partner resources that it invested in kopsabiedrīb's share capital, together with inseparable contributions transferred back to the public partner.
(2) If a public partner of the entire liquidation quota value is less than the first paragraph of this article the public partner resources and inseparable contributions to the value of the order in which kopsabiedrīb the private participant to pay the liquidation quota reductions, down public-private partnership contract. 118. article. Kopsabiedrīb continuation of activities of Kopsabiedrīb members can make a decision about the continuation of the activities of the kopsabiedrīb only if it has previously ruled this law, in article 16, first or second part of this institution and with the consent of the all members of the kopsabiedrīb. Transitional provisions 1. With the entry into force of this Act shall terminate the concession Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2000, no. 4; 2003, no 2). 2. Public and private partnership processes in accordance with the public procurement law initiated before the entry into force of this law, are applied to public procurement rules. 3. If the Cabinet or the Municipal Council (the Council) the concessions law has taken a decision on the transfer of the concession the concession's resources and approved the conditions for the granting of the concession, the steps are applied for the concession rules. 4. If in the case of institutional partnership is envisaged that national and municipal property privatization and privatization certificates of completion of the use of the law article 17, first paragraph limited-liability companies referred to in the same article 17 of the law of the corporation referred to in the second subparagraph no longer owns 100 percent of the capital or in a corporation referred to in the third subparagraph no longer will have a decisive impact (the group law), article 16 of this law, the sixth subparagraph shall be decided in Cabinet. 5. in accordance with article 8 of this law in the fourth Cabinet of Ministers until 2009 October 1 establishes the supervisory bodies. 6. in accordance with article 11 of this law, the Cabinet of Ministers to 2009 October 1, approved by the supervisory authority and the laws governing the supervisory institution funding arrangements. 7. The Cabinet of Ministers until September 1, 2009. submit to the Parliament due to the adoption of this law the necessary amendments to other laws. 8. The Cabinet of Ministers until 2009 October 1 issue this law, article 9, in the fourth paragraph of article 12, third paragraph article 14, second paragraph, the third subparagraph of article 15, article 20, first paragraph and the second paragraph of article 69 of these rules. 9. The existing concession contract registry records are included in the new Treaty, without changing the message volume and does not require a Reregistration. 10. The company shall be registered in the register of the concession agreement for the termination of the concession of the records if the concession law for the entry into force of the contract has expired. Informative reference to European Union 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 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. The law shall enter into force on 1 October 2009.
The Parliament adopted the law of 18 June 2009. President Valdis Zatlers in Riga V 2009 July 9