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Concessions, the law towards revision. Why is the government taking such a step?

2024-01-05 09:24:23Biznes SHKRUAR NGA REDAKSIA VOX

Concessions, the law towards revision. Why is the government taking such a step?

The government intends to align the legislation related to public private partnership procedures and concessions with the European Union directive.

The Public Procurement Strategy 2024-2030 published by the Public Procurement Agency also underlines the process that has currently taken place between the institutions involved and foreign consultants.

"Based on Prime Minister's Order No. 6, dated 17.01.2023, an inter-institutional working group was set up to revise the law on concessions and PPPs, in order to align it with Directive 2014/23/EU. For the drafting of the LPP, GNP is being assisted by the SIGMA expert, who had also performed the analysis of legal deficiencies for this law.

The legal framework in the field of concessions must be based on EU principles and rules that respect non-discrimination, equal treatment and transparency, evaluation criteria, procedures and rules related to electronic procurement such as electronic communication, contract notices and winner notices. it says in the strategy.

The same document underlines that, as shown by the EC's annual reports, the following recommendations are related to the necessity of improving the legislation in this area, which needs further improvements, in order to achieve alignment with the relevant directive. On the other hand, for a better implementation of the legislation, an intervention in its institutional framework is also necessary.

"Also, the role and responsibility of the ministry responsible for finance is important in this process, in relation to the evaluation, approval of all concession/public private partnership projects and the progress of concession/PPP contracts from the point of view of fiscal implications, individual or in group for budget expenditures, budget deficit, sustainability of public debt and eventual contingent liabilities" the document states.

The strategy includes the institutions responsible in this regard, which are the Ministry of Finance and Economy, the Concessions Training Agency and the Public Procurement Agency. While the performance indicators related to this issue are: Analysis of Legislation; Compatibility Table; Drafting of the new legal framework in the field of concessions and PPP.; Approval of the new legal framework in the field of concessions and PPP in the Assembly; Improving the policy-making role of ATRAKO; Other auxiliary materials.


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