This communication outlines the view of the European commission on how legislative EU provisions apply to an institutionalised PPP (IPPP). IPPPs are defined as “co-operation between public and private parties involving the establishment of a mixed capital entity which performs public contracts or concessions”. As to the founding of an IPPP relevant EU Treaty dispositions apply. One single tender procedure should cover both the selection of the private partners as well as the attribution of the public contract. The tender should use the competitive dialogue as procedure and furthermore comply with EU provisions on public procurement. As to the operation phase, the communication states that IPPPs should remain within their scope for the duration of the contract and that new contracts can only be awarded after a public tender procedure.
A list with frequently asked questions concerning the Communication is also provided.