Advanced Search

Law No. 470 Of 9 July 2002, For Approval Of The Government Ordinance. 16/2002 Concerning Contracts Of Public-Private Partnership

Original Language Title:  LEGE nr. 470 din 9 iulie 2002 pentru aprobarea Ordonanţei Guvernului nr. 16/2002 privind contractele de parteneriat public-privat

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 470 470 of 9 July 2002 for approval Government Ordinance no. 16/2002 on public-private partnership contracts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 559 559 of 30 July 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 16 16 of 24 January 2002 on public-private partnership contracts, adopted pursuant to art. 1 1 section II.14 of Law no. 751/2001 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 94 of 2 February 2002, with the following amendments and additions: 1. Letters a), b), e) and h) of Article 2 shall read as follows: " a) public and private good-the goods in public or private property of the state or administrative-territorial units and which make up, according to the law, the public or private domain of the state or administrative-territorial units; b) public-private project-the project that is carried out entirely or in the majority with own financial resources or attracted by an investor, based on a public-private partnership model, as a result of which a public good will result; .............................................................. e) public-private partnership contract-the legal act that states the rights and obligations of the public authority and the investor for the entire period of operation of the public-private partnership, covering one or more of the stages preparation, financing, construction or exploitation of a public good, for a fixed period of time, but not more than 49 years; .............................................................. h) the authority of the local public administration-the public decision body constituted and functioning, as the case may be, at the level of the county, municipality, city or commune, responsible for public-private projects of local interest Terms < > > and < > > shall be used under the common name of public authority and shall be construed according to the legal powers and powers of the public good type. ' 2. in Article 2, after letter h) the letter h ^ 1 is inserted) with the following contents: " h ^ 1) document attached to the letter of intent-the document filed by the investors together with the letter of intent. The document attached to the letter of intent shall contain all the information and documents requested by the public authority by the notice of intent 3. Paragraph 2 of Article 3 shall read as follows: "(2) For the initiation of the public-private project, the public authority shall draw up a pre-feasibility study." 4. Article 4 shall read as follows: "" Art. 4. -The public authority is obliged to publish in the Official Gazette of Romania, Part VI, the intention to initiate a project under public-private partnership conditions. " 5 paragraphs 1 and 2 of Article 5 shall read as follows: "" Art. 5. -(1) Within 60 days from the date of publication of the intention to initiate a public-private partnership project, the public authority shall receive letters of intent accompanied by the document attached to the letter of intent, from investors interested. (2) Within 30 days from the expiry of the term provided in par. ((1), the public authority shall select the best letters of intent, expressed in technical, economic and financial terms by investors. " 6 paragraphs 1, 3 and 4 of Article 6 shall read as follows: "" Art. 6. -(1) After the selection of the letters of intent expressed, the public authority concludes with each of the investors who meet the conditions contained in the published notice, in accordance with the provisions of art. 4, one project agreement, within 15 days. .............................................................. (3) In order to negotiate the conditions for the realization of the public-private partnership project, based on the terms of the project agreement and the pre-feasibility study, the public authority appoints by order or decision, as the case may be, one or more commissions of specialists to analyze all the general economic-financial and legal aspects of the project. (. The Commission referred to in paragraph 1 (3) will present to the public authority the results of the negotiation of the project conditions and the proposals for the continuation of the negotiation with the selected investors on the basis of the feasibility study. 7. The title of Chapter III shall read as follows: "" Public-private partnership contract " 8. Article 8 shall read as follows: "" Art. 8. --(1) On the basis of the content of the feasibility study and the results of the negotiations carried out in accordance with 6, the public authority will continue negotiations with investors. Following this negotiation, the public authority shall issue a decision containing the list of investors ranked on the basis of the best offer in technical and economic terms. The decision shall be communicated in writing simultaneously to all investors participating in the selection. (2) Against the decision referred to in par. (1) any investor may submit to the public authority a written appeal, within 10 calendar days from the date of communication of the decision. (3) The public authority is obliged to analyze all appeals submitted within the deadline and to transmit to each objector an answer in writing within 10 calendar days from the date of expiry of the deadline for filing appeals. (4) Upon completion of the procedure for filing and resolving appeals, the public authority shall enter into the final negotiation of a public-private partnership contract with the highest-ranked investor. (5) If the negotiations with the first ranked cannot lead to the conclusion of a public-private partnership agreement, the public authority will begin negotiations, in turn, with the following selected investors, in order of registration on the list Selected investors, until a favourable outcome is achieved. ((6) Nephinalisation of a public-private partnership agreement with none of the selected investors obliges the public authority to resume the whole procedure. (7) If the parties have decided to continue the project, they will proceed with the preparation and negotiation of the terms and clauses of the public-private partnership contract. (8) The agreement of the parties on the creation of a project company or the establishment of another form of association between the parties shall be included in the content of the contract 9. Article 9 shall read as follows: "" Art. 9. -In order to develop and negotiate the public-private partnership contract, the public authority appoints, according to art. 6 6 para. ((3)-(5), a negotiating committee. " 10. Article 10 shall read as follows: "" Art. 10. -Public-private partnership contract in negotiated form is subject to the approval of public authorities, according to their competences and legal duties. " 11. Paragraph 1 of Article 11 shall read as follows: "" Art. 11. --(1) Upon completion of the public-private partnership contract, the public goods created within the project shall be transferred, free of charge, to the public authority, in good condition, exploitable and free of any task or obligation. " 12. The paragraphs (1) to (3) of Article 12 shall read as follows: "" Art. 12. -(1) Delimitation of land, lanes and sites necessary for the realization of public-private partnership projects shall be carried out by the public authority, according to the legal powers and duties, based on the documentation of urban planning and landscaping, approved according to the law, feasibility studies and technical projects. (2) For public-private partnership projects, land owned by the county, municipality, city or commune or of natural or legal persons shall be expropriated according to Law no. 33/1994 on expropriation for the cause of public utility and enters the public property of the state or administrative-territorial unit, as the case may be. (3) Private property of the state or administrative-territorial units on which public-private partnership projects are executed, including those intended for the location of the related facilities, buildings and facilities, and the land expropriated according to paragraph (2) pass free of charge in the administration of the project company, by decision of the Government or local public administration authority, as the case may be 13. Article 14 shall read as follows: "" Art. 14. -Within 60 days from the date of entry into force of this ordinance the central public authority will develop methodological norms on the types of public-private partnership projects, how to define projects, form and the content of pre-feasibility and feasibility studies, the establishment of criteria for the analysis of the eligibility of investors, the methodology for calculating project costs and the comparative cost of reference, the form and content of the agreement and the project contract, as well as defining the distribution matrix of project risks, which will be approved by Government decisions. " + Article 2 Government Ordinance no. 16/2002 on public-private partnership contracts, amended and supplemented by this law, will be published in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of 24 June 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on June 24, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ----------------