Amendments and additions made to decision no.634, on 1.10.2014, of Council Of Ministers, “On the approval of rules for the evaluation and granting by concession/public-private partnerships of public affairs and services for the construction, operation, maintenance and rehabilitation of national roads”, as amended

Official Bulletin no.47, dated 10 March 2017

Council of Ministers, by decision no.160, on 1.3.2017, decided to make some addition and changes, to the text of “rules on evaluation and approval on concession/public-private partnership projects on public affairs and services for the construction, operation, maintenance and rehabilitation of national roads” approved by decision no. 634, on 1.10.2014, of Council of Ministers, as amended.

Firstly, the decision changes point 3 of article 9 according to which the project that fulfills all the conditions foreseen by point 1 of this article, is furthermore submitted for approval to the Ministry of Finances, which analyzes and evaluates if necessary and its approval and consequently determines, within 10 working days, whether the project has or has not financial effects.

An important change is made to article 15 by determining that in case of an unsolicited proposal, the proposer is given a bonus on the achieved technical-financial result during the competitive procedure until a maximum of 10% of total points of the competition.

Following, the change made to point 2 of article 22, determines that the Contracting Authority, before sending for approval in the Ministry of Finances of a public-private partnership project which consists on a financial support, must guarantee that the respective costs of the project are planned to be covered by the annual budget, approved by the Parliament, as well as the expenditure ceiling on a medium term, approved by the Council of Ministers.

Finally, the decision includes changes made to article 30, regarding the creation and organization of a commission on concession/private-public partnership, created by the Contracting Authority; Albanian Road Authority; Ministry of Economic Development, Tourism, Trade and Enterprise and the Ministry of Finances.