LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 179-XVI

About public and private partnership

For the purpose of stimulation of private investments for projects implementation of public interest, improvement of quality of services, works and other types of activity of public interest, and also effective use of public property

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Scope of the law

This law establishes the basic principles of public and private partnership, form, methods and procedure for its realization, the right and obligation of the state and private partners.

Article 2. Basic concepts

In this law the following basic concepts are used in value:

the state partner - the legal entity of the public law or the consolidation of such persons establishing partnership within public and private partnership;

the private investor - the legal entity or consolidation of legal entities who expressed the interest in participation in the procedure of award of the agreement on public and private partnership provided that they do not belong to the category of the state partners;

the private partner - the private investor / combining of investors and project society who became participants of public and private partnership according to the law;

public and private partnership - the long-term agreement signed between the state and private partners for the purpose of implementation of the public project, performance of works or rendering public service, based on capability of each partner to dispose as appropriate of resources, risks and the income;

public interest - any benefit which form and value are determined by the decision of the state partner, received for benefit of the state partner, and also persons living and/or working at the territory of the Republic of Moldova;

the offerer - the legal entity of private law or physical person and/or consolidation of such persons proposing to establish public and private partnership;

the offer - the written proposal submitted by the offerer to the state partner on initiation or establishment of public and private partnership.

the affiliate - person on who there can be directly or indirectly dominating influence or which can exert the dominating impact or which as a result of consolidation with other person is under its dominating influence, and also the other persons identified in Article 203 of the Civil code of the Republic of Moldova No. 1107/2002. The dominating influence is supposed in case person directly or indirectly owns mostly signed authorized capital or controls majority of votes on the issued shares/shares in the authorized capital or can appoint more than a half from number of members of the administrative, leading or supervisory authority;

project society - the commercial society established and performing activities according to provisions of the Civil code of the Republic of Moldova No. 1107/2002, of the Join-stock companies law No. 1134/1997 or Law on limited liability companies No. 135/2007 for the purpose of agreement performance about public and private partnership;

the financing subjects of the agreement on public and private partnership - the physical persons or legal entities providing to project society the financial resources necessary for accomplishment of the obligations undertaken by the private partner based on the agreement on public and private partnership;

financing of the agreement on public and private partnership - investment financing, performed under the agreement on public and private partnership, and financing of use of objects/objects of property or rendering public service which constitute the subject of the agreement;

financial closing - determined by the agreement on public and private partnership, as well as the agreement or agreements on financing which are signed with the financing subjects of this agreement on public and private partnership, stage which represents date of accomplishment of all conditions suspensive for entry into force of the obligation of the financing subjects on provision of the means necessary for financing of the agreement on public and private partnership.

Chapter II. Basic principles of public and private partnership

Article 3. The principles applied in the relations in the field of public and private partnership

The relations in the field of public and private partnership are based on the principles:

a) equalities of approach, impartiality and nondiscrimination;

conscientiousness a-1);

b) transparencies;

c) proportionality;

d) balances;

e) competition;

f) freedoms of the agreement;

g) cooperation.

Article 4. Principle of equality of approach, impartiality and nondiscrimination

(1) the State partner provides equal approach to all offerers within any element or stage of the procedure of the choice of the private partner. In all cases criteria of the choice of the private partner shall be accurate and non-discriminatory.

(2) Technical requirements shall provide to offerers equal access and not create unjustified obstacles or limit the competition.

Article 4-1. Principle of conscientiousness

(1) the Agreement on public and private partnership is guided by the principle of conscientiousness.

(2) During the implementing of the rights and accomplishment of the undertaken obligations of the agreement party about public and private partnership shall be effective honesty.

(3) the actions of the agreement party about public and private partnership performed contrary to the statements which are earlier made by it or beyond her former behavior are not fair if other party to the detriment of itself reasonably relied on such statements or such behavior.

Article 5. Principle of transparency

(1) in the course of establishment of public and private partnership the state partner guarantees the objective choice of the private partner, at the same time providing the greatest possible extent of informing the population taking into account the purpose, nature and the importance of subject of public and private partnership.

(2) the State partner shall provide the publication of information messages in the Official monitor of the Republic of Moldova. Contents of other documents and data on the procedure of the choice of the private partner are published on the web page of the Agency of public property (further - the Agency), and also on other web pages at the discretion of the state partner.

(3) Within the procedure of the choice of the private partner the state partner provides to all offerers access to the same information irrespective of, it belongs or does not treat, in his opinion, process of preparation of offers or participation in the procedure of the choice or information on conditions and criteria of the choice of the private partner.

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