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Supporting legislation for PPP Law in Romania

Romania
02/03/2011
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The secondary legislation for the implementation of the new PPP law no. 178/2010 entered into force at the end of 2010.

The implementation methodology approved by Government Decision no.1239/2010 (the “Methodology”) clarifies a number of procedural and administrative aspects of the existing PPP legal framework.

The Methodology clarifies the following:

  • Public works of local, county and national interest can, at the initiative of the city halls, county councils or Government, be completed under certain types of PPP contract depending on the implication of the investment. PPP contracts available for investors are:

  • design-construction-operation-transfer (DCOT);
  • construction-operation-development-transfer (CODT);
  • construction-operation-transfer (COT);
  • development-maintenance-operation-transfer (DMOT); and
  • rehabilitation-operation-transfer (ROT).
  • The procedure for the selection of investors.
  • The negotiation criteria for awarding PPP contracts.
  • The incorporation and corporate status of the project company.
  • The main attributes of the public partners.
  • Costs calculation.
  • Risks allocation.
  • The form and main provisions of PPP contracts.

The Methodology completes the PPP legal framework in Romania, providing investors with the necessary tools for developing PPP projects.

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