The expert body, which reports to the Minister for the Economy, will issue an opinion on the assessment of the project’s implementation method within six weeks of the project being referred to it.If it fails to do so, its opinion will be deemed favourable.
The procedures for organising and operating the expert body referred to in Article R. 2212-7 are set out in Decree no. 2016-522 of 27 April 2016 on the infrastructure financing support mission.
The budgetary sustainability study takes into account all the financial aspects of the partnership contract project.This includes in particular:1° The estimated overall cost of the contract on an annual average basis;2° An indication of the proportion that this cost represents of the purchaser’s annual self-financing capacity and its effect on its financial situation;3° The impact of the contract on the purchaser’s compulsory expenditure, its consequences on its indebtedness and its…
The Minister for the Budget, to whom the assessment of how the project will be carried out is communicated, issues a reasoned opinion on the budgetary sustainability study.He gives his opinion within six weeks of the referral.Failing this, his opinion is deemed to be favourable.
Draft partnership contracts concluded on behalf of unauthorised purchasers are examined by the responsible minister.
For the purposes of this Book, the supervising minister is:1° The minister or ministers exercising supervision pursuant to the legislative or regulatory texts in force;2° For public interest groupings, the minister or ministers having approved the constituent agreement;3° For associations and foundations, the minister or ministers represented on their decision-making bodies;4° For public health establishments and health cooperation structures with public legal personality, the minister responsible for health.For independent administrative…
In order to examine the project, the responsible minister(s) may call upon the services of another minister, a public interest grouping or a public establishment, in compliance with the legislative and regulatory provisions determining their powers or responsibilities.Purchasers may be consulted for the purposes of this examination.
For the calculation of the contractor’s remuneration, the partnership contract specifies the conditions under which the following are taken into account and identified:1° Investment costs, in particular study and design costs, construction costs, ancillary construction costs and interim financial costs;2° Operating costs, in particular the costs of upkeep, maintenance and renewal of works and equipment;3° Financing costs;4° Where applicable, income from ancillary activities or from the development of the estate.
The partnership contract sets out the grounds and procedures for varying the remuneration, as well as the procedures for paying the contractor throughout the term of the contract.
The partnership contract may stipulate the conditions under which, each year, the sums owed by the purchaser to the contractor and those owed by the contractor by way of penalties or sanctions are offset.
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75001, Paris France
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