Page 4 Discussion Paper on Public-Private Partnerships (PPP), January 2015
1. Introduction
Over the recent years, the phenomenon of Public-Private Partnerships (PPPs) has gained in popularity in the field of waste management and more specifically in waste treatment and EFW (Energy from Waste). Governments are more and more attracted by private capital injections and technical know-how for the construction, operation and management of waste projects. While private-public ventures do not always stand for a success story and often go together with long-term and costly investments, some of them have shown to provide effective ways to deliver infrastructure projects, provide services to the public and finance innovation, hereby contributing to economic growth and job creation. Until today there is still legal uncertainty regarding the use of PPPs, often due to a lack of specific rules on Public-Private Partnerships and wide disparities among the different national legislations. The ISWA Working Group on Legal Issues (WGLI) therefore decided to focus on the legal dimension of PPPs, in particular with regard to waste management1. As PPPs face comparable questions and issues all over the world, this discussion paper decided to study the legislative context of the European Union as a starting point. This approach has the benefit of not only being of interest to all EU Member States, but also to non-EU countries, especially in terms of transcontinental or multi-national Public-Private Partnerships and comparative law studies.
Page 4 Discussion Paper on Public-Private Partnerships (PPP), January 20151. IntroductionOver the recent years, the phenomenon of Public-Private Partnerships (PPPs) has gained in popularity in the field of waste management and more specifically in waste treatment and EFW (Energy from Waste). Governments are more and more attracted by private capital injections and technical know-how for the construction, operation and management of waste projects. While private-public ventures do not always stand for a success story and often go together with long-term and costly investments, some of them have shown to provide effective ways to deliver infrastructure projects, provide services to the public and finance innovation, hereby contributing to economic growth and job creation. Until today there is still legal uncertainty regarding the use of PPPs, often due to a lack of specific rules on Public-Private Partnerships and wide disparities among the different national legislations. The ISWA Working Group on Legal Issues (WGLI) therefore decided to focus on the legal dimension of PPPs, in particular with regard to waste management1. As PPPs face comparable questions and issues all over the world, this discussion paper decided to study the legislative context of the European Union as a starting point. This approach has the benefit of not only being of interest to all EU Member States, but also to non-EU countries, especially in terms of transcontinental or multi-national Public-Private Partnerships and comparative law studies.
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