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The search returned 5 results.

Procurement and Concession Law in Belgium journal article

State of Play and Particularities

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 293 - 300

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law. Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.


PPP-Contracts: On or Off Government Balance Sheets? journal article

Steven Van Garsse, Kit Van Gestel, Kirsti McKenzie

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 1, Page 3 - 15

This article presents an overview of Public-Private Partnership contracts, focusing on the balance sheet treatment of these contracts, particularly in light of the recently published Eurostat and EPEC guidance on the Statistical Treatment of PPPs. The aim of this additional guidance is to translate the statistical rules into contract provisions and we analyse this in relation to the transfer of risks and rewards, whilst considering the extent of government funding and control. Keywords: PPP; ESA 2010; MGDD; Transfer of Risk; Transfer of Rewards; Government Expenditure; Statistical Treatment.


Energy Performance Contracts for Governments: the Two Faces of Europe journal article

Steven Van Garsse, Kit Van Gestel, Nicolas Carette

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 87 - 96

In recent years, various energy-saving initiatives have been adopted at the EU level, with the goal of mitigating climate change and reducing the European Union’s dependence on external sources of energy. The Energy Efficiency Directive of 25 October 2012 is explicitly targeted at increasing the use of this tool by governments in order to achieve better energy performance. Improvements in energy performance (e.g. for buildings) often require substantial investments on the part of the government. To date, however, the manner in which this type of contracts should be treated within the budget and in light of the European System of Accounts (ESA 2010), as currently interpreted, is not very attractive. For the time being, therefore, the future of the use of EPC by governments appears less than promising. This article elaborates on the budgetary obstacles for a broad use of EPC for public buildings within the EU. Keywords: Energy Performance Contracts; Energy Efficiency Directive; Eurostat; European System of Accounts.



Public Private Partnerships in Belgium journal article

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 1, Page 3

I. Introduction As is the case in the vast majority of other European Member States, Public Private Partnerships (hereinafter “PPP”) are increasingly favoured by Belgian law and policy makers. Belgium is a federal State, known for its particularly complex organisational structure. State powers are allocated to the Federal State Level, the Regions and the Communities. Each different organisational entity is thereby entitled to resort to PPP for the dev

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