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Opportunities and Challenges for Foreign Undertakings in China’s PPPs Market journal article

Tongle Si

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 33 - 43

Public-private partnerships (PPPs) refer to arrangements between the public sector and the private sector, in which they share rewards, responsibilities and risks. PPPs are mainly used to deliver infrastructure and public services. In the recent decade, China has witnessed rapid growth in both the number and investment scale of PPPs projects. With the promotion of sustainable development in the 13th Five-Year Plan, the Chinese government starts to take sustainability into considerations when carrying out PPPs projects. Different from traditional command-and-control measures that impose explicit policy orders on private sectors, PPPs function as a market-based instrument (MBI) that gives private sectors a nudge stimulating their innovation in the market competition. In China's PPPs market, the proportion of foreign investment has been declining in recent years. The 14th Five-Year Plan released in early 2021 emphasises the importance of involving foreign investors to realise sustainable development goals in the coming five years. The Chinese government has released supplementary rules to strengthen the confidence of foreign investors in Chinese PPPs projects. This article sorts out current regulations that directly affect foreign companies’ participation in China’s PPPs projects, further exploring both opportunities and challenges for foreign companies to compete in China’s PPPs market. Keywords: public-private partnerships, PPPs, foreign direct investment, FDI, sustainable development, China

The Exclusion of Third-Country Suppliers from EU Public Procurement Procedures: journal article

The Romanian Case

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 151 - 157

As a matter of principle, suppliers and goods originating in the European Economic Area, in parties to the WTO’s Government Procurement Agreement, or to a bilateral agreement concluded with the EU, are protected against any forms of discrimination based on the grounds of nationality, similar to those coming from the EU. Suppliers originating in other countries, falling outside the scope of Article 25 of Directive 2014/24, cannot, however, be guaranteed the same form of protection. The access of the latter to procurement procedures in the EU may hence be blocked, but this essentially is a prerogative of each national government and of each contracting authority. On the other hand, confronted with an assault by Chinese companies which have managed to capture a dangerously big share of the EU public procurement market, the Commission started an active campaign on several fronts. More recently, the Commission decided to make a substantial effort in convincing Member States to come forward with concrete measures by which to restrict in an effective manner the access of third-country and, in particular, Chinese, suppliers to the EU procurement market. In response, the Romanian Government adopted in April 2021 a new set of laws providing for the automatic exclusion from the award procedures of all suppliers residing in one of the countries listed therein. Beyond its immediate economic effect, this measure could create some serious blockages in the market with unimaginable consequences, especially in times of crisis such as the recent Covid-19 pandemic. Keywords: China; third-country bidders; Romania

The Need for Emergency Public Procurement Legislation in China: journal article

Lessons from COVID-19

Jun Chong

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 168 - 173

Under the epidemic situation, materials are in short supply, but traditional procurement cannot meet the needs of emergency speed. This article compares and analyses the regular Chinese procurement methods with the US and EU emergency procurement methods, so as to obtain the methods suitable for China's emergency situation, and calls for emergency procurement legislation. At the same time, this article discusses the scope and principles of emergency procurement, emphasising that emergency procurement should not be abused and still follow the principle of value for money. Keywords: COVID-19, emergency public procurement, procurement methods, value for money, US public procurement, EU public procurement, China public procurement

Legal Remedies for Public Private Partnerships in China journal article

Ziwei Zhang

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 216 - 224

Although improving the quality and efficiency of public services, Public Private Partnerships (PPPs) are vulnerable to risks and disputes. Therefore, establishing effective legal remedies is of great significance to PPPs. In China, the existing regulations of remedies for PPPs have some problems, eg regarding aspects of the remedies’ subjects, triggering conditions, and methods. To improve PPPs’ legal remedies, the remedies’ subjects and triggering conditions should be broadened, the remedies’ methods should be reformed, and the applicable legal framework should be further improved. Keywords: public private partnerships, public procurement law, dispute resolution, legal remedies, China

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