On 30 April, 2004, the European Commission (EC) published its Green Paper on public private partner-ships (PPPs), inviting responses by the end of July. The big question it posed was whether there was a need for a specific community law for PPPs. Would specific legislation result in clarity, or in further complexity? And does the UK private finance initiative (PFI) market have anything to fear?
The possibility of specific legislation for PPPs was first mooted while the new directive 2004/18/EC, which consolidates three original public procurement directives, was making its way through the European Union’s (EU’s) legislative process. At the time, the commission stated that the aim of any PPP-specific legislation would be to allow bidders better access to concessions and PPPs. Little more of this proposal was heard until the Green Paper’s publication.
