Christina D. Tvarnø

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 200 - 208

This article analyses Climate Public Private Partnerships in the light of EU climate law and includes an economic perspective to explain the objectives and efficiency behind Climate Public Private Partnerships. Climate Public Private Partnerships are regulated by EU public procurement law for which reason the legal cross field between EU climate law and EU public procurement law is analysed to evaluate how EU law supports Climate Public Private Partnerships. Furthermore, the article includes game theory as an instrument to assess Climate Public Private Partnerships under EU law. The article concludes that EU law does not include the sufficient legal support to provide efficient Climate Public Private Partnerships as a tool to reach Europe’s climate goals. Keywords: Climate Public Private Partnership, climate law, EU Climate Law Regulation, efficiency, game theory

Reida Kashta

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 301 - 306

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.