LAW 470 09/07/2002
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LAW No. 470 of July 9th, 2002for the approval of Government Ordinance no. 16/2002 regarding the contracts of public-private partnershipISSUED BY: The Parliament of RomaniaPUBLISHED IN: the Official Gazette of Romania No. 559 of July 30th, 2002– The initial document was published in The Official Gazette of Romania no. 559 of July 30th, 2002._________ Note C.T.C.E.: For using in court, only the text in the Romanian language has legal foundation. The Parliament of Romania adopts the present law.Article I
Government Ordinance no. 16 of January 24th, 2002 regarding the contracts of public-private partnership, adopted on the grounds of art. 1 point II.14 in law no. 751/2001 regarding the qualification of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 94 of February 2nd, 2002, is approved with the following changes and completions:1. Letters a), b), e) and h) of article 2 shall have the following contents:a) public good and private good - the goods that are found in the public or private property of the state or of the territorial-administrative units, and that build up, according to the law, the public or private domain of the state or of the territorial-administrative units;b) public-private project - the project that is achieved totally or in a majority with personal financial resources or resources gathered by an investor, on the basis of a model of public-private partnership, from which a public good shall result; .....................................................................................e) contract of public-private partnership - the juridical act that imposes the rights and obligations of the public authority and of the investor for the entire period of functioning of the public-private partnership, covering one or more of the stages of training, financing, construction or exploitation of a public good, on an established period of time, that shall be not longer than 49 years; .....................................................................................h) the authority of the local public institution - the body of public decision, constituted and functioning at the level of the district, municipal, city or parish, to the case, responsible for the public-private projects of a local interest.The terms �central public authority� and �authority of the public administration� are used under the common denomination of public authority and this is interpreted according to the legal competences and attributions relating to the type of the public good.2. At article 2, after letter h), letter h^1) is inserted, with the following contents:h^1) document attached to the letter of intent - the document lodged by the investors together with the letter of intent. The document attached to the letter of intent comprises all the information and documents requested by the public authority through the announcement of intention;3. Paragraph (2) of article 3 shall have the following contents:(2) In order to initiate the public-private project, the public authority draws up a pre-feasibility study.4. Article 4 shall have the following contents:Art. 4 - The public authority has the duty to publish in the Official Gazette of Romania, Part VI, its intention of initiating a project in conditions of public-private partnership.5. Paragraphs (1) and (2) of article 5 shall have the following contents:Art. 5 - (1) Within 60 days from the date of the publication of the intention of initiating a project of public-private partnership, the public authority receives letters of intent accompanied by the document attached to it, from the part of the interested investors.(2) Within 30 days from the expiry term provided under par. (1), the public authority shall select the best letters of intent, expressed in technical, economic and financial terms by the investors.6. Paragraphs (1), (3) and (4) of article 6 shall have the following contents:Art. 6 - (1) After finishing the selection of the letters of intent, the public authority concludes a project agreement with each of the investors that fulfills the conditions included in the announce published in conformity with the provisions under art. 4, within 15 days. .....................................................................................(3) In order to negotiate the conditions of achieving the project of public-private partnership, on the basis of the clauses of project agreement and of the pre-feasibility study, the public authority appoints, through order or decision, one or more commissions of specialists, that shall analyze all the general economic, financial and juridical aspects of the project.(4) The commission appointed according to par. (3) shall present to the public authority the results of negotiating the conditions of achieving the project and the proposals for continuing the negotiation with the investors on the basis of the feasibility study.7. The title of chapter III shall have the following contents:The contract of public-private partnership8. Article 8 shall have the following contents:Art. 8 - (1) On the basis of the contents of the feasibility study and of the results of the negotiations that took place according to the provisions under art. 6, the public authority shall continue the negotiations with the investors. After this negotiation, the public authority issues a decision comprising the investors' list, placed on the criterion of the best offer, in techno economic and financial terms. The decision is communicated in writing to all the investors that participated at the selection, in the same time.(2) Against the decision mentioned in par. (1), any investor may lodge, at the public authority, a written legal contest, within 10 calendar days from the date of communicating the decision.(3) The public authority has the duty to analyze all the legal contests lodged in due time and to transmit to each contester a written answer, within 10 calendar days from the date of the expiry term of lodging the legal contests.(4) When finishing the procedure of lodging and solving the legal contests, the public authority enters the final negotiation of a project contract of public-private partnership with the best qualified investor.(5) In the case when the negotiations with the first qualified cannot lead to the conclusion of a contract of public-private partnership, the public authority shall begin the negotiations with the following selected investors, in the order of their presence on the list of the selected investors, up to the moment of obtaining a favorable result.(6) The non-finishing of a contract of public-private partnership with one of the selected investors, obliges the public authority to do again the entire procedure.(7) In the case when the parties have decided to continue the project, they shall proceed to the preparing and negotiating the terms and clauses of the contract of public-private partnership.(8) The agreement of the parties regarding the creation of a project company or the establishing of another association form between the parties is included in the negotiating contract.9. Article 9 shall have the following contents:Art. 9 - In the view of elaborating and negotiating the contract of public-private partnership, the public authority appoints a negotiating commission, according to art. 6 pars. (3) - (5).10. Article 10 shall have the following contents:Art. 10 - The contract of public-private partnership in a negotiated form is submitted to the approval of the public authorities, according to their legal competences and attributions.11. Paragraph (1) of article 11 shall have the following contents:Art. 11 - (1) When finishing the contract of public-private partnership, the public goods created within the project are transferred, as a gift, to the public authority, in a good shape, exploitable and free of any duty or obligation.12. Paragraphs (1) - (3) of article 12 shall have the following contents:Art. 12 - (1) The delimitation of lands, corridors and locations, necessary for achieving the projects of public-private partnership is done by the public authority, according to the legal competences and attributions, on the basis of the documentation of town and country and city planning, approved according to the law, and of the feasibility studies and of the technical projects.(2) For the public-private projects, the lands found in the private property of the district, municipal, city or parish or in the property of the natural or legal persons are expropriated according to Law no. 33/1994 regarding the expropriation for a cause of public utility and enter the public property of the state or of the territorial-administrative unit, to the case.(3) The lands found in the private property of the state or of the territorial-administrative units, on which projects of public-private partnership are executed, including the ones intended for the location of the relating installations, buildings and equipments, and the lands expropriated according to the provisions under par. (2) pass to the administration of the project company, through decision of the Government or of the authority of the local public administration, to the case.13. Article 14 shall have the following contents:Art. 14 - Within 60 days from the date of coming into force of the present ordinance, the public authority shall elaborate methodological norms regarding the types of projects of public-private partnership, the modality of defining the projects, the form and contents of the pre-feasibility and feasibility studies, the establishing of the criteria of analyzing the investors' eligibility, the calculation methodology of the project costs and of the comparing reference cost, the form and contents of the agreement and of the project contract, as well as the defining of the matrix of dividing the risks of project that shall be approved through decisions of the Government.Article II
Government Ordinance no. 16/2002 regarding the contracts of public-private partnership, changed through the present law shall be republished in the Official Gazette of Romania, Part I, by giving a new numbering to the texts. This law was adopted by the Senate during the meeting from June 24th, 2002, with the observance of the provisions under art. 74 par. (2) in the Constitution of Romania. THE PRESIDENT OF THE SENATE, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies during the meeting from June 24th, 2002, with the observance of the provisions under art. 74 par. (2) in the Constitution of Romania. THE PRESIDENT OF THE CHAMBER OF DEPUTIES VALER DORNEANU _____________
