Introduces key amendments to concession agreements and PPP mechanisms
01 Oct 2023
On 10 July 2023, Federal Law No. 296 was enacted, introducing amendments to public-private partnership (PPP) and concession agreements. The revised legislation includes provisions addressing the maintenance of the agreement's object and outlining the financial participation of the concessionaire in its execution. Three forms of such participation are outlined: a capital grant for financing the creation or reconstruction of the object, reimbursement and/or financial support during the operation phase, and compensation for the concessionaire's loss of income to ensure a minimum guaranteed income. Stringent conditions governing the maximum financial participation are explicitly defined.
Furthermore, the amendments eliminate the legal uncertainties concerning the cost recovery of the concessionaire's expenses and introduce an electronic system for an open competition to secure the right to conclude a concession agreement. Additionally, the decision-making period for the implementation of a PPP project has been reduced from 60 to 30 days, aligning it with the timeframe for concession agreements.
These amendments took effect on 1 October 2023, with certain provisions becoming operational from January 1, 2024.
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Entry and establishment (Ownership and control)
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Treatment and operation (Other sector specific regulation)
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Treatment and operation (Operational conditions)
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Promotion and facilitation (Investment facilitation )
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