France: Implementation of the Procurement and PPP Legislation in France

• Published in: European procurement & public private partnership law review 2017-01, Vol.12 (1), p.55-56
• Main Authors: d’Esnon, Jérôme Grand, Petetin, Vianney
• Format: Article
• Language: English
• Subjects: Construction; Country Reports; Legislation; Public private partnerships; Purchasing; Regulation; Trade barriers
• ISSN: 2194-7376; 2194-7384
• DOI: 10.21552/epppl/2017/1/10

Since the adoption of the 2004 Ordonnance related to public-private partnerships, the French Conseil d'Etat (administrative Supreme Court) considered this type of contract as a public procurement contract subject to the former EU directives on public procurement. The Ordonnance defines public-private partnership as a general contract including the following objectives: - Construction, transformation, rehabilitation or destruction of works or intangible assets that are necessary for the public service or a service of general interest; - All or part of their funding. [...]the public-private partnership contract deals solely with major projects and is not adopted as concerns small investments. The Ordonnance limits its application for projects where the value of the contract exceeds a threshold defined by the decree: - euro 2 million for contracts related to immaterial investments or when the contract includes targets related to energy. - euro 5 million for contracts on facilities and network infrastructures (in energy, transportation, sanitation, etc.) and for buildings when the contract holder is not responsible for the maintenance of the building and the commercial exploitation of the facilities. - euro 10 million for other situations. The investment amount of the contract includes the payment made to the private contract holder, the fees...