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Public-Private Partnership (PPP)

In 2005, the Act on Public-Private Partnership entered into force. His allows for legal background allowing to use this instrument for realisation of all kinds of infrastructural projects executed in Poland. Draft ministerial decisions are being prepared to facilitate cooperation between private investors and central administration.

At the core of the public-private partnership concept, a private company renders public utility service on the grounds of a contract with a public institution which is responsible for these services. Quite often this is executed according to the BOT - build-operate-transfer - formula, which means that e.g. a company lies a gas pipe network, then collects the fees for several years for supplying gas, thus getting the return on investment, to eventually hand it over to the local government.

For private companies, PPP is an opportunity for big contracts, and for institution it is a chance to implement large investment projects, which otherwise would be impossible due to limited financial resources.

In Poland, the public-private partnership is still a new concept. Before the introduction of this law, the realisation of the formula was hampered, which does not mean that such projects were not implemented. The following successful projects have already been carried out:

  • Joint project of the Gdańsk city and Saur company (belonging to Boygues) - it related to the use of the sewage system in Gdańsk. In 1992, the parties signed a 30-year contract for the management of the system.
  • Waste management project in Częstochowa - in 1998, Zakład Oczyszczania Miasta (municipal waste company) was taken over by Sita company, basing on PPP.
  • The town of Tczew has formed a company with Connex. The new company has taken over local mass transport system and manages it.*

Taking into account Poland's considerable demand in general infrastructure, both on the central and local levels, futher progress can be expected, even more dynamic than today and including bigger projects.

The most important legal regulations of PPP are stipulated in the Law on Public-Private Partnership of 28th July 2005, Journal of Laws No. 169 item 1420.

*source: Puls Biznesu weekly, 04.01.2006


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