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The Act Of 19 December 2008 On The Public-Private Partnership

Original Language Title: USTAWA z dnia 19 grudnia 2008 r. o partnerstwie publiczno-prywatnym

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ACT

of 19 December 2008

o public-private partnership 1)

Chapter 1

General provisions

Article 1. [ Regulatory scope] 1. The Act lays down the rules of cooperation between a public entity and a private partner in a public-private partnership.

2. The subject of public-private partnership is the joint realization of a project based on the division of tasks and risks between a public entity and a private partner.

Article 2. [ Definitions] The terms used in the Act shall mean:

1. public entity:

(a) the public finance sector within the meaning of the public finance provisions,

(b) other than those referred to in point (a), a legal person, established for the specific purpose of meeting needs of a general nature which is not of an industrial or commercial nature, if the entities referred to in that provision and in point a, individually or at the same time jointly, directly or indirectly by another entity:

-they finance it in more than 50%, or

-hold more than half of the shares or shares, or

-exercise supervision of the managing authority, or

-have the right to appoint more than half of the composition of the supervisory or management body,

(c) the associations of entities referred to in point (c). a and b;

2) a private partner-entrepreneur or foreign entrepreneur;

3) property asset-property, part of real estate, an enterprise within the meaning of art. 55 1 the Act of 23 April 1964. -Civil Code (Dz. U. No 16, pos. 93, with late. 1. 2) ), movable property and property rights;

4. the project:

(a) construction or refurbished of the building object,

b) the provision of services,

(c) the performance of the work, in particular the equipment of the asset in the device, which increases its value or its usefulness, or

(d) other benefit

-connected with the maintenance or management of a property which is used for the execution of a public-private undertaking or is linked to it;

5. own contribution-the provision of a public entity or a private partner, consisting in particular of:

(a) the transfer of part of the expenditure for the implementation of the project, including the financing of the aid for services provided by a private partner in the framework of the project,

(b) the contribution of the asset.

Article 3. [ Tasks of the Minister responsible for economic affairs] The tasks of the Minister responsible for economic affairs in the scope of the Act include, in particular, the dissemination and promotion of public-private partnerships, making analyses and evaluations of the functioning of public-private partnerships, including the state and perspectives financial involvement of the private sector.

Chapter 2

Select a private partner

Article 4. [ The selection of a private partner] 1. If the remuneration of a private partner is the right to collect the benefits of the subject of public-private partnership, or, above all, the right together with the payment of the monetary amount, to the choice of a private partner and a partnership agreement The provisions of the Act of 9 January 2009 apply to public-private law. concerning works or services concessions (Dz. U. Nr 19, pos. 101, Nr 157, poz. 1241 and No. 223, pos. 1778), in the field of unregulated in this Act.

2. In cases other than those referred to in paragraph. 1, the provisions of the Act of 29 January 2004 apply to the selection of a private partner and a public-private partnership agreement. -Public procurement law (Dz. U. 2007 No. 223, item. 1655, from late. zm.), in the scope of non-regulated in this Act.

3. In cases where the Act of 9 January 2009 does not apply. a concession for works or services or the Act of 29 January 2004. -The right of public procurement, the choice of a private partner shall be made in such a way as to ensure fair and free competition and to respect the principles of equal treatment, transparency and proportionality, taking due account of the the provisions of this Act and, in the case of a public partner's contribution to the contribution of own property, including the provisions of the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2010 No. 102, pos. 651 and No. 106, pos. 675).

Article 5. [ Information on the planned public-private partnership] Public entity, following the publication of a notice in the Public Procurement Bulletin or publication of a notice in the Official Journal of the European Union referred to in the laws referred to in Article 3 (1) of the Treaty on the Functioning of the European Union 4, in addition, in the Public Information Bulletin, information on the planned public-private partnership is provided.

Article 6. [ Tender Evaluation Criteria] 1. The most favourable is the offer, which presents the most advantageous balance of remuneration and other criteria relating to the project.

2. The criteria for the evaluation of tenders shall be:

1) the division of tasks and risks associated with the project between a public entity and a private partner;

2) the dates and amount of the expected payments or other benefits of the public entity, if they are planned.

(3) The criteria for the evaluation of tenders may also be in particular:

1) the distribution of the proceeds from the project between the public entity and the private partner;

2) the ratio of the contribution of own public entity to the contribution of the private partner

3) the efficiency of realization of the project, including the efficiency of the use of property components;

4) the criteria relating directly to the object of the project, in particular the quality, functionality, technical parameters, the level of the technology offered, the cost of living, the service.

Chapter 3

Public-private partnership agreement and implementation of public-private partnership

Article 7. [ Public-Private Partnership Agreement] (1) By means of a public-private partnership agreement, the private partner undertakes to implement the undertaking for remuneration and to carry out, in whole or in part, the expenditure on its implementation or to be incurred by a third party and the entity concerned the public undertakes to contribute to the achievement of the objective of the project, in particular by contributing to its own contribution.

2. The remuneration of a private partner depends primarily on the actual use or actual availability of the subject of public-private partnership.

3. The public-private partnership agreement shall determine the consequences of the non-execution and the default, in particular contractual penalties or a reduction in the remuneration of the private partner or company referred to in art. 14 para. 1.

4. The responsibility for the implementation of the public-private partnership agreement and the lodging of the security of proper execution of the provision of the provision of art. 141 of the Act referred to in art. 4 par. 2, does not apply.

Article 8. [ Governed by public bodies] The public entity shall have the right to monitor the implementation of the project by a private partner. The rules and detailed procedures for carrying out controls shall be laid down in the public-private partnership agreement.

Article 9. [ Contribution of own] 1. The contribution of own contribution in the form of an asset may occur in particular by means of sale, lending, use, rental or lease.

2. If a property element brought by a public entity is used by a private partner in a manner of course contrary to its purpose as defined in the public-private partnership agreement, the private partner is obliged to provide this component to a public body under the terms and conditions laid down in the public-private partnership agreement.

3. If the asset is owned by a private partner, the private partner shall be entitled to return the value of the asset by state at the time of the transfer. In another case, a private partner may request reimbursement of the expenses necessary for the amount of the expenses, unless they are covered by the benefits it has obtained from the asset. Reimbursement of other inputs may be requested by the amount of the component at the time of the transfer of the component to the public. However, when the expenditure was made after the time when the public body in writing requested the transfer to, or has heard, a transfer claim against him, he or she may request reimbursement only of the inputs required.

4. If the asset of the public entity constituted a non-monetary contribution to the company referred to in Art. 14 para. 1, its transfer in the event of misuse shall be carried out on the basis specified in the contract or the statutes of the company.

Article 10. [ Select a new private partner] 1. The public entity shall elect a new private partner immediately after the termination of the public-private partnership agreement, unless the project is to be carried out in a different manner.

2. If, prior to the selection of a new private partner, the public entity has commissioned a public-private partnership task in accordance with art. 67 par. 1 of the Act of 29 January 2004. -Public procurement law, the contract is in force until the start of the implementation of the public-private partnership agreement.

Article 11. [ The transfer of an asset to the public entity] 1. After the termination of the duration of the partnership agreement, the public-private partner or the company referred to in art. 14 para. 1, shall transfer to the public entity an asset which has been used for the execution of the undertaking, in a non-deteriorated state, taking into account its consumption as a result of proper use, unless the public-private partnership agreement provides otherwise. Article Recipe 9 ust. 3 shall apply mutatis mutandis.

2. The public-private partnership agreement may provide that the transfer of an asset will be made to a state or self-government legal person or a commercial company with the majority participation of a local government entity or the Treasury States.

3. The claim of a public entity against the private partner or company referred to in art. 14 para. 1, the transfer of the property shall expire on the expiry of the ten years from the date of the end of the duration of the public-private partnership agreement.

Article 12. [ Right of pre-emption] 1. In the case of sale by a public entity or a company referred to in art. 14 para. 1, a property which is a personal contribution, a private partner shall have the right of pre-emption, which can be executed within two months from the date of the notification to him of the contents of the contract concluded with a third party, unless the partnership agreement public/private provides for a longer period.

2. The right of pre-emption, under the conditions set out in the mouth. 1, shall also be granted to the last private partner for one year after the end of the term of the public-private partnership agreement, unless:

1) in the final judgment of the court it was found his responsibility for the unreasonable execution of the obligation of the public-private partnership agreement or

2) a public entity has entered into a public-private partnership agreement with a new private partner.

3. The term referred to in paragraph 2, does not run, and commenced shall be suspended, for the duration of the court proceedings on the liability for the indemnified performance of a private partner from a public-private partnership agreement or a selection procedure a new private partner.

Article 13. [ Prohibition of amendments to the provisions of the public-private partnership agreement] 1. substantive changes to the provisions of the concluded agreement are prohibited in relation to the content of the offer on the basis of which the selection of the private partner has been made, unless the public entity has provided for the possibility to make such a change in the partnership notice or in documentation of the proceedings concerning the selection of the private partner and specified the conditions for such change.

2. Amendment of the contract made in violation of the paragraph. 1 is invalid.

Chapter 4

Public-private partnership in the form of a company

Article 14. [ Attachment of the company] 1. The public-private partnership agreement may provide that, for the purpose of its execution, a public entity and a private partner will bind a capital company, a limited partnership or a limited joint-stock company. A public entity must not be a complimentary.

2. The purpose and object of the company's activities must not go beyond the scope of the defined public-private partnership agreement.

3. The rights from belonging to the State Treasury shares or shares in the company shall execute the body of the government administration which has attached the company as a public entity.

Article 15. [ Requirement of consent of shareholders or shareholders of the company] The consent of all shareholders or shareholders of the company shall be subject to a divestment or burden

1) real estate;

2) enterprises within the meaning of Article 55 1 the Act of 23 April 1964. -Civil Code.

Article 16. [ Right of action piercversion] 1. The public entity shall have the right of pre-emption of shares or of a private partner's shares in the company.

2. A public entity may execute the right of pre-emption within two months from the date of notification to it by a private partner of the content of the contract concluded with a third party, unless the public-private partnership agreement provides for a longer term.

3. Disporations by a private equity partner or a share in violation of the mouth. 1 or 2 is invalid.

Chapter 5

Public finance rules

Article 17. [ Amount of financial commitments made] The total amount up to which the government authorities may enter into financial commitments under public-private partnership agreements in a given year shall be determined by the budget law.

Article 18. [ Consent to finance the project from the state budget] 1. [ 1] The financing of a project from the state budget in the amount exceeding PLN 100,000 requires the consent of the minister responsible for public finance, excluding funds allocated to finance the operational programmes, referred to in the Act of 6 December 2006 the rules for the conduct of development policy (Dz. U. 2009 r. Nr 84, pos. 712, of late. zm.) and the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. Entry 1146). When granting consent, the Minister responsible for public finance shall take into account the impact of the planned expenditure from the State budget on the security of public finances.

2. The consent referred to in the paragraph. 1, shall be granted at the request of a public entity containing:

1) determining the public entity;

2. determination of the planned undertaking;

(3) the envisaged amount of the appropriations from the budget of the State for each budget period for the implementation of the project.

3. The Minister responsible for public finance shall give his consent or refuse to give his consent within 6 weeks from the date of receipt of the application. Consent and refusal of consent shall not be an administrative decision.

4. A public entity may submit another application for the consent referred to in the paragraph. 1, for the implementation of the same undertaking in the event of a change of the data referred to in paragraph. 2 point 3. Re-application of the paragraph. 3 shall apply.

Art. 18a. [ The impact of obligations arising from public-private partnership agreements on the state level of public debt and the deficit of the public finance sector] 1. Liabilities arising from public-private partnership agreements do not affect the level of public government debt and the deficit of the public finance sector when a private partner bears most of the risk of construction and most of the risk the availability or risk of demand-taking into account the impact on these risks of factors such as guarantees and financing by the public partner and the allocation of assets after the end of the contract.

2. The Minister responsible for economic affairs in agreement with the Minister responsible for public finance and after consulting the President of the Central Statistical Office may determine, by means of a regulation, the scope of the various risks and the factors to be taken into account in their assessment, with a view to ensuring the transparency of the different risks.

Chapter 6

Amendments to the provisions in force

Article 19. [ Act on public roads] In the Act of 21 March 1985. o public roads (Dz. U. 2007 No 19, pos. 115, of late. 1. 3) ) the following amendments shall be made:

1) in art. 13a point 3 is replaced by the following:

" 3) under the terms laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). ';

2. Article 13h is replaced by the following:

" Art. 13h. In the event of the conclusion of a public-private partnership agreement, the fees referred to in Article 13 (1) 1 point 1, art. 13 (1) 2, and the additional fee referred to in Article 3. 13f ust. 1, may download a private partner. ';

3) in art. Paragraph 22 shall be repealed. 2b.

Article 20. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. 2000 r. No 14, pos. 176, of late. 1. 4) ) the following amendments shall be made:

1) in art. 5a point 18 is replaced by the following:

' (18) Act on public-private partnership-means the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), ';

2. in Art. 21 in the mouth. Point 122 shall be replaced by the following:

" 122) the own contribution of the public body referred to in art. 2 point 5 of the public-private partnership act received by a private partner and earmarked for the purposes set out in the public-private partnership agreement, subject to the paragraph. 19, ';

3) in art. 22 par. 1j is replaced by the following:

' 1j. For a private partner as defined in the public-private partnership agreement, within the meaning of the Public Private Partnership Act, in the case of an unpaid transfer to a public entity or other entity referred to in art. 11 (1) 2 of this Act, the property of fixed assets or intangible assets within the time limit set out in this agreement, at the expense of obtaining the income is the initial value of those fixed assets or intangible assets, less the sum depreciation deductions referred to in Article 22h ust. 1 point 1. '

Article 21. [ Health Care Facilities Act] In the Act of 30 August 1991. o health care facilities (Dz. U. 2007 No 14, pos. 89, with late. 1. 5) ) in Article 8 ust. 1a is replaced by:

' 1a. The health care facility cannot set up a separate public health care facility. ".

Article 22. [ Law on Property Management of Agricultural Property of the State Treasury] In the Act of 19 October 1991. about the management of agricultural real estate of the State Treasury (Dz. U. 2007 No. 231, item. 1700 and 2008 No. 227, pos. 1505) in art. 24 ust. 5b is replaced by the following:

' 5b. Property forming part of the Agency may, by contract, transfer free of charge to the property of the entities referred to in art. 2 point 1 of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), with the exception of government administration bodies-to provide them as a contribution by a public entity under a public-private partnership agreement. '.

Article 23. [ Law on Corporate Income Tax] In the Act of 15 February 1992 o corporate income tax (Dz. U. 2000 r. Nr 54, poz. 654, with late. 1. 6) ) the following amendments shall be made:

1) in art. 4a point 8 is replaced by the following:

' (8) Act on public-private partnership-this means the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), ';

2. in Art. 12 in the mouth. Paragraphs 18 and 19 are replaced by the following:

" 18. the value of free of charge of goods or rights which are the subject of a public-private partnership agreement, transferred to a public body or other entity referred to in Article 3 (2) of the EC Convention. 11 (1) 2 of the Act on public-private partnership, by a private partner or a company referred to in art. 14 para. 1 act on public-private partnerships,

19. the nominal value of the shares (shares) covered by the non-monetary contribution, the subject of which is the fixed assets or intangible assets referred to in art. 16a-16c, brought by a public entity referred to in the public-private partnership law, to the company referred to in art. 14 para. 1 of this Act, ';

3) in art. 15:

(a) in paragraph. 1k point 1a is replaced by the following:

" 1a) the initial value of the asset referred to in Article 4 (1). 2 point 3 of the public-private partnership act, which is the subject of the own contribution referred to in art. 2 item 5 of this Act, updated in accordance with the separate provisions, less the amount of depreciation write-off referred to in Article 2 (2) of the Act, which is calculated according to the separate provisions. 16h ust. 1 point 1, and in the case of land transfer or perpetual usualment of land, a value equal to the expenditure incurred on the acquisition of land; ',

(b) paragraphs 1r is replaced by the following:

' 1r. For the private partner or company referred to in art. 14 para. 1. the public-private partnership law, as defined in the public-private partnership agreement, in the case of an unpaid transfer to a public entity or other entity referred to in art. 11 (1) 2 of this Act, the property of fixed assets or intangible assets within the time limit set out in this agreement, at the expense of obtaining the income is the initial value of those fixed assets or intangible assets, less the sum depreciation deductions referred to in Article 16h ust. 1 pkt1. ';

4) in art. 17 in the mouth. Point 42 is replaced by the following:

' (42) the own contribution referred to in Article 42 (2). 2 point 5 of the public-private partnership law, received by a private partner or a company referred to in art. 14 para. 1 of this Act, and earmarked for the purposes set out in the public-private partnership agreement, subject to the paragraph. 7, '.

Article 24. [ Law on Municipal Economy] In the Law of 20 December 1996 of the municipal economy (Dz. U. 1997 r. Nr 9, pos. 43, z późn. 1. 7) ) in Article 9 so far, the content is marked as a paragraph. 1 and the following paragraph shall be added. 2 as follows:

" 2. Local government units may also create limited partnership or limited joint-stock companies referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). '.

Article 25. [ Real Estate Management Act] In the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2004 No 261, pos. 2603, late. 1. 8) ) the following amendments shall be made:

1) in art. 13 (1) 1a is replaced by:

' 1a. The property may also be transferred free of charge by contract to a private partner or to a company referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), for the duration of the implementation of the project in the framework of public-private partnerships. ';

2. in Art. 37 in the mouth. Point 11 shall be replaced by the following:

" 11) is sold to a private partner or to a company referred to in Art. 14 para. 1 of the Act of 19 December 2008. the public-private partnership, if the sale is a contribution of its own public entity; ';

3) in art. 68a (a) 1-3 are replaced by the following:

" 1. The competent authority may grant, with the agreement, the water or the council or the seismic, respectively, of the price fixed in accordance with Article 4 (1) of the EC Regulation. 67 par. 3 if the property is sold to a private partner or to a company referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership, if the sale is a contribution of its own public entity.

2. The sale of real estate on the basis specified in the paragraph. 1 shall be subject to the right of repurchase. The implementation of the repurchase law shall take place no later than six months after the end of the duration of the public-private partnership agreement.

3. The private partner or the company referred to in Article 3 shall be redeemed at the time of repurchase. 14 para. 1 of the Act of 19 December 2008. o public-private partnership, it is obliged to transfer to the public entity the property of the property for the reimbursement of the price determined in accordance with the paragraph. 1 and after taking into account its valorisation. ';

4) in art. 109 in the mouth. 3. the following point 7 is added:

" (7) The right of pre-emption shall be granted to the private partner or to the last private partner in the cases referred to in the Act of 19 December 2008. o public-private partnership. '.

Article 26. [ Environmental law] In the Law of 27 April 2001 -Environmental law (Dz. U. of 2008 Nr 25, pos. 150, of late. 1. 9) ) in Article 405 ust. 3.

" 3. Funds shall also be earmarked for the co-financing of environmental and water management projects carried out under the rules laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). '.

Article 27. [ Rail transport law] In the Law of 28 March 2003. o Rail transport (Dz. U. 2007 No 16, pos. 94, z późn. 1. 10) ) art. 5a is amended as follows:

" Art. 5a. To the tasks in the field of management of railway infrastructure with defence significance, the provisions of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100) does not apply. '.

Article 28. [ The Act on Public Loan Activity and Volunteering] In the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. Nr 96, pos. 873, of late. 1. 11) ) in Article 11 (1) 5.

" 5. Support and the delegation of the tasks referred to in paragraph 1. 1, may follow the rules and in accordance with the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). '.

Article 29. [ Law on the Agricultural Market Agency and the Organisation of Certain Agricultural Markets] In the Act of 11 March 2004. o Agricultural Market Agency and organisation of certain agricultural markets (Dz. U. 2007 No. 231, item. 1702 and 2008 No. 227, pos. 1505) art. 11a is replaced by the following:

" Art. 11 a. The Agency shall not carry out the tasks under the conditions laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), with the exception of investments for the storage of agricultural and food products. '

Article 30. [ Public Finance Act] In the Law of 30 June 2005. on public finances (Dz. U. Nr 249, pos. 2104, of late. 1. 12) ) in Article 37 par. 2 and 3 are replaced by the following:

" 2. The prohibition referred to in paragraph 1 shall be prohibited. 1, not applicable:

1) the inclusion or acquisition of shares or acquisitions or acquisitions of the bonds referred to in the paragraph. 1, to satisfy claims, to secure the claim or to secure the performance of the contract for public procurement;

2) the inclusion of shares and shares in the company referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100).

3. The unit of the public finance sector shall be disposed of-in agreement with the Minister responsible for the Treasury-shares, shares or bonds, intended for the purposes set out in the paragraph. 2 (1), within 3 years of their acquisition. '

Article 31. [ The Law on the financing of land transport infrastructure] In the Law of 16 December 2005. on the financing of inland transport infrastructure (Dz. U. Nr 267, poz. 2251 and 2007 No. 23, pos. 136) in art. 3 para. 5.

" 5. Construction, reconstruction, renovation, maintenance and protection of public roads can be carried out with the participation of physical and monetary resources provided by natural persons and legal persons, domestic and foreign persons, and organisational units without any legal personality, including in the framework of public-private partnerships. '.

Article 32. [ Law on the principles of pursuing development policy] In the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. Nr. 227, pos. 1658, 2007 Nr 140, poz. 984 and 2008 No. 216, item. 1370) in art. 28 The following paragraph shall be added. 9 in the following text:

" 9. Under the operational programme, the projects referred to in paragraph 1 may also be financed. 1, implemented in the form of public-private partnership, on the basis of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). '.

Article 33. [ The Act on the Polish Air Navigation Agency] In the Act of 8 December 2006. o The Polish Air Navigation Agency (Dz. U. Nr 249, pos. 1829) in art. 4 par. 6 is replaced by the following

" 6. The Agency may carry out the task of providing air traffic services under the conditions laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), after obtaining the consent of the minister competent for transport. ".

Article 34. [ The Act on the preparation of the Final Tournament of the UEFA EURO 2012 European Championship] In the Act of 7 September 2007. preparation of the final tournament of the European Football Championship UEFA EURO 2012 (Dz. U. Nr 173, pos. 1219 and 2008 No. 171, item. 1058) in art. 2. 2.

" 2. The provisions of the paragraph 1 does not exclude the financing of the Euro 2012 projects under the rules laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100). '.

Article 35. [ The law on the execution of a custodial sentence outside the criminal case in the electronic surveillance system] In the Act of 7 September 2007. on the execution of a custodial sentence outside the criminal establishment in the electronic surveillance system (Dz. U. of 2008 Nr 172, pos. 1069) is amended as follows:

1) in art. 3 para. 2.

" 2. Support and the entrusting of the activities referred to in paragraph 1. 1, may follow the rules and in accordance with the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100), hereinafter referred to as the 'public-private partnership act'. The contract for the promotion or entrusting of a public task may be concluded for the duration of the task or for a limited period of time. ';

2) in Article 4 par. 2.

" 2. The selection of an authorised dispenser shall be made by the Minister of Justice in accordance with the procedure laid down in the Public-private Partnership Act or in accordance with the procedure laid down in the provisions of paragraph 1. 3. '

Chapter 7

Transitional provisions and final provision

Article 36. [ Provisions so far] 1. Before the date of entry into force of this Act, the existing and non-completed cases shall apply.

2. Actions made before the date of entry into force of this Act on the basis of existing provisions shall remain in force.

Article 37. [ Repealed provisions] The Law of 28 July 2005 is repealed. o public-private partnership (Dz. U. Nr. 169, pos. 1420 and 2008 No. 171, item. 1058).

Article 38. [ Entry into force] The Act shall enter into force after 21 days from the day of the announcement.

1) This Act shall be amended by the Law of 21 March 1985. o public roads, the Act of 26 July 1991. on personal income tax, the Act of 30 August 1991. o health care facilities, the Act of 19 October 1991. on the management of the agricultural immovable property of the State Treasury, the Act of 15 February 1992. on corporate income tax, Act of 20 December 1996. on the municipal economy, the Act of 21 August 1997. with real estate economy, law of 27 April 2001. -Environmental law, Law of 28 March 2003. o railway transport, law of 24 April 2003. about the activity of public benefit and volunteer work, the Act of 11 March 2004. on the Agricultural Market Agency and the organisation of certain agricultural markets, the Act of 30 June 2005. on public finances, the Act of 16 December 2005. on the financing of the land transport infrastructure, the Act of 6 December 2006. on the principles of development policy, the Act of 8 December 2006. o The Polish Air Navigation Agency, the Act of 7 September 2007. preparation of the final tournament of the European Championship in the UEFA EURO 2012 Football Tournament and the Act of 7 September 2007. of the execution of a custodial sentence outside the criminal establishment of a system of electronic surveillance.

2) The amendments to the said Act were announced in Dz. U. of 1971. Nr 27, pos. 252, of 1976. No 19, pos. 122, of 1982 No 11, pos. 81, Nr 19, poz. 147 and No. 30, pos. 210, of 1984 Nr 45, poz. 242, of 1985. Nr 22, pos. 99, of 1989. No 3, pos. 11, of 1990. Nr 34, pos. 198, Nr 55, poz. 321 and No. 79, pos. 464, of 1991 No. 107, item. 464 i Nr 115, poz. 496, of 1993 No 17, pos. 78, of 1994. Nr 27, pos. 96, Nr 85, poz. 388 and No. 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No. 114, item. 542, Nr 139, pos. 646 i Nr 149, poz. 703, of 1997 Nr 43, pos. 272, Nr 115, pos. 741, Nr 117, pos. 751 and No. 157, pos. 1040, of 1998 No. 106, pos. 668 i Nr 117, poz. 758, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 271, No 74, pos. 855 and 857, Nr. 88, pos. 983 i No 114, pos. 1191, 2001 No 11, pos. 91, No. 71, pos. 733, Nr 130, poz. 1450 and No. 145, pos. 1638, 2002 Nr 113, pos. 984 and No. 141, pos. 1176, 2003 Nr 49, poz. 408, Nr 60, poz. 535, Nr 64, pos. 592 and Nr 124, pos. 1151, 2004 Nr 91, pos. 870, Nr 96, poz. 959, No. 162, pos. 1692, Nr 172, pos. 1804 and Nr 281, poz. 2783, of 2005 Nr 48, poz. 462, Nr 157, pos. 1316 and Nr 172, pos. 1438, of 2006 No. 133, item. 935 i No 164, pos. 1166, 2007 Nr 80, pos. 538, Nr 82, pos. 557 and No. 181, pos. 1287 and 2008 Nr 116, pos. 731, Nr 163, pos. 1012, Nr 220, poz. 1425 and 1431 and Nr 228, pos. 1506.

3) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 23, pos. 136 and No 192, pos. 1381 and 2008 Nr 54, poz. 326, No. 218, pos. 1391 i Nr 227, poz. 1505.

4) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 22, pos. 270, Nr 60, poz. 703, Nr 70, poz. 816, Nr 104, poz. 1104, Nr 117, pos. 1228 i Nr 122, poz. 1324, 2001 No 4, pos. 27, No. 8, pos. 64, Nr 52, poz. 539, Nr. 73, pos. 764, No. 74, pos. 784, Nr. 88, pos. 961, Nr 89, poz. 968, No 102, pos. 1117, No. 106, pos. 1150, Nr 110, poz. 1190, No 125, pos. 1363 and 1370 and Nr 134, pos. 1509, 2002 No 19, pos. 199, Nr 25, pos. 253, No. 74, pos. 676, Nr 78, poz. 715, Nr 89, poz. 804, No. 135, pos. 1146, No. 141, pos. 1182, No. 169, pos. 1384, Nr 181, pos. 1515, Nr 200, poz. 1679 and No. 240, pos. 2058, 2003 No. 7, pos. 79, Nr 45, poz. 391, Nr 65, poz. 595, Nr. 84, pos. 774, Nr 90, poz. 844, Nr 96, poz. 874, Nr 122, pos. 1143, No 135, pos. 1268, Nr 137, poz. 1302, Nr 166, pos. 1608, Nr 202, poz. 1956, No 222, pos. 2201, No. 223, pos. 2217 and No. 228, pos. 2255, 2004 Nr 29, pos. 257, No 54, pos. 535, Nr 93, pos. 894, Nr 99, poz. 1001, Nr 109, pos. 1163, No 116, pos. 1203, 1205 and 1207, Nr 120, poz. 1252, Nr 123, pos. 1291, Nr 162, pos. 1691, Nr 210, pos. 2135, No 263, pos. 2619 and No 281, pos. 2779 and 2781, of 2005 Nr 25, pos. 202, Nr 30, pos. 262, Nr. 85, pos. 725, Nr 86, pos. 732, Nr 90, poz. 757, No. 102, pos. 852, Nr 143, poz. 1199 and 1202, No 155, pos. 1298, Nr 164, poz. 1365 i 1366, Nr 169, poz. 1418 and 1420, Nr 177, pos. 1468, Nr 179, poz. 1484, Nr 180, pos. 1495 and No 183, pos. 1538, 2006 Nr 46, pos. 328, No 104, pos. 708 and 711, No. 107, pos. 723, No 136, pos. 970, Nr 157, pos. 1119, Nr 183, poz. 1353 and 1354, Nr 217, poz. 1588, No. 226, pos. 1657 and No. 249, pos. 1824, 2007 Nr 35, pos. 219, Nr 99, pos. 658, Nr 115, poz. 791 and 793, No 176, pos. 1243, Nr 181, pos. 1288, No. 191, pos. 1361 and 1367, No 192, pos. 1378 i Nr 211, poz. 1549, 2008 Nr 97, pos. 623, No. 141, pos. 888, Nr 143, poz. 894, Nr 209, poz. 1316, Nr 220, pos. 1431 and 1432, No. 223, pos. 1459 i Nr 228, poz. 1507 and 2009 No 3, pos. 11 and No. 6, pos. 33.

5) Amendments to the text of the single law have been announced in the Dz. U. 2007 #123, pos. 849, Nr 166, pos. 1172, Nr 176, pos. 1240 and No. 181, pos. 1290 and 2008 No. 171, item. 1056 and No 234, pos. 1570.

6) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 60, poz. 700 and 703, No. 86, pos. 958, Nr 103, poz. 1100, Nr 117, pos. 1228 i Nr 122, poz. 1315 and 1324, of 2001. No. 106, pos. 1150, Nr 110, poz. 1190 and No 125, pos. 1363, 2002 Nr 25, pos. 253, No. 74, pos. 676, Nr 93, poz. 820, No. 141, pos. 1179, Nr 169, poz. 1384, Nr 199, pos. 1672, Nr 200, poz. 1684 and No. 230, pos. 1922, 2003. Nr 45, poz. 391, Nr 96, poz. 874, Nr 137, poz. 1302, Nr 180, poz. 1759, Nr 202, poz. 1957, Nr 217, poz. 2124 i No 223, pos. 2218, 2004 Nr 6, pos. 39, Nr 29, poz. 257, No 54, pos. 535, Nr 93, pos. 894, Nr 121, poz. 1262, Nr 123, pos. 1291, Nr 146, poz. 1546, No. 171, item. 1800, Nr 210, pos. 2135 i No 254, pos. 2533, of 2005 Nr 25, pos. 202, Nr 57, poz. 491, Nr. 78, pos. 684, Nr 143, poz. 1199, No 155, pos. 1298, Nr 169, poz. 1419 and 1420, No. 179, pos. 1484, Nr 180, pos. 1495 and No 183, pos. 1538, 2006 Nr 94, pos. 651, No. 107, pos. 723, No 136, pos. 970, Nr 157, pos. 1119, Nr 183, poz. 1353, Nr 217, poz. 1589 and No. 251, pos. 1847, of 2007. No. 165, item. 1169, No. 171, pos. 1208 and Nr 176, pos. 1238, 2008 No. 141, pos. 888 i Nr 209, poz. 1316 and 2009 No 3, pos. 11.

7) The amendments to the said Act were announced in Dz. U. 1997 r. No. 106, pos. 679 and No. 121, pos. 770, 1998 No. 106, pos. 668, 2002 Nr 113, pos. 984, 2003 Nr 96, pos. 874 i No 199, pos. 1937 and 2008 No. 223, item. 1458.

8) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 281, poz. 2782, of 2005 Nr 130, pos. 1087, Nr 169, poz. 1420 and No. 175, pos. 1459, of 2006 No. 64, pos. 456, No 104, pos. 708 and No. 220, pos. 1600 and 1601, 2007. No. 173, item. 1218 and 2008 Nr 59, pos. 369 and No. 220, pos. 1412.

9) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 111, item. 708, Nr 138, pos. 865, Nr. 154, pos. 958, Nr 171, pos. 1056, Nr 199, pos. 1227, No. 223, pos. 1464 i Nr 227, poz. 1505.

10) Amendments to the text of the single law have been announced in the Dz. U. 2007 No 176, item. 1238 and No. 191, pos. 1374, of 2008 Nr 59, pos. 359, No 144, pos. 902, Nr 206, poz. 1289 and No. 227, pos. 1505 and 2009 No. 1, pos. 3 and No 18, pos. 97.

11) The amendments to the said Act were announced in Dz. U. of 2004 No. 64, pos. 593, Nr 116, pos. 1203 and No. 210, pos. 2135, of 2005. Nr 155, poz. 1298, Nr 169, poz. 1420, Nr 175, poz. 1462 and No. 249, pos. 2104, 2006 Nr 94, pos. 651 and 2008 Nr 209, poz. 1316.

12) The amendments to the said Act were announced in Dz. U. of 2005 No 169, pos. 1420, of 2006 Nr 45, poz. 319, No 104, pos. 708, Nr 170, poz. 1217 i 1218, Nr 187, poz. 1381 and No. 249, pos. 1832, 2007 No. 82, pos. 560, Nr. 88, pos. 587, Nr 115, poz. 791 and No. 140, pos. 984 and 2008 No. 180, pos. 1112, Nr 209, poz. 1317, No 216, pos. 1370 i Nr 227, poz. 1505.

[ 1] Article 18 (1) 1 in the wording set by Article 1. 91 of the Act of 11 July 2014. on the principles of implementation of cohesion policy programmes financed in the financial perspective 2014-2020 (Journal of Laws pos. 1146). The amendment came into force on 13 September 2014.