ABSTRACT

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Partnership Agreements or the Revival of Public-Private Partnerships "à la française"

Author: Boris MARTOR / Sébastien THOUVENOT

Type: Article

ref: 22004111-149

N0:2 of 2004

Pages: 111-149

The promotion of public-private partnerships was re-launched in the last few years with the initiating of reforms in specific sectors, i.e. home security, justice, health, and defence, in order to meet urgent needs for infrastructures in those sectors.

A draft order dated 4 December 2003, which finds its inspiration mainly in the UK PPP practice of Private Finance Initiative (PFI), creates a partnership agreement, which shall be an alternative to the traditional public orders methods, i.e. délégations de service public and marchés publics, and is aimed at facilitating the outsourcing of public services and the financing of infrastructures.

The partnership agreement opens new perspectives for financial institutions, public purchasers and operators, in that it allows them to address the design/building, operation, maintenance, and financing of public equipment in a single contract.

This global contract, which is the basis of a long-term PPP, would allow innovative remuneration methods in that it would allow a deferred payment of the price of the services rendered, by the public sector. The agreement would also enable the parties to finance the building through crédit-bail, LOAs, or the transfer of claims on the public sector.