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The Law approving Government Emergency Ordinance No 39/2018 on public-private partnership has been promulgated
President Klaus Iohannis promulgated on Friday the law approving Government Emergency Ordinance No. 39/2018 on public-private partnerships, which regulates the conclusion, implementation and termination of public-private partnership contracts, the establishment of the purpose of the public-private partnership, namely the construction, rehabilitation and/or expansion of an asset that will belong to the public partner's assets and/or the operation of a public service.
At the same time, through the new draft of normative act is repealed the law no.233/2016 regarding partnership public-private, by comparison the draft bringing additions and amendments such as: regulating the possibility of carrying out public-private partnerships and projects exclusively involving the operation of a public service, clarifying the concept of financial closure, restricting the participation of the public partner with public funds at the stage of investment implementation to 25% of the investment value, setting up within one year a special fund to finance public-private partnership contracts that fall into the category of strategic projects, removing overlaps with the legislation on public procurement and concessions.
Both in case of contractual partnership public-private and in case of institutional partnership public-private, if another public entity intends to support the carrying out of the project through the assumption towards the private partner of a payment or guarantee obligation(s) for the benefit of the public partner, it may do so if the payment or guarantee obligation has been provided for in the study and in the tender documents in a clear, precise and unequivocal manner, indicating the conditions under which it can be fulfilled, as required by law.