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Amendments to the Law on Public Private Partnership

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Att. Ozgur Kocabasoglu

Introduction

The goal of the public private partnership (“PPP”) model is the

procurement of public infrastructure investments, and the provision of

long-term maintenance, operation and construction services, through a

contractual relationship, which establishes a partnership between the

private and public sectors. As stated in the legislative justification

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of

the draft Law on the Amendment to Certain Laws and Decrees, sub-

mitted to the Turkish Grand National Assembly and later promulgated

as Law No. 6527 (“Law No. 6527”), the structure of PPP model is

ever-changing. In order to efficiently realize and implement the pro-

jects in the current evolving market conditions, and to provide flexi-

bility for the contractual basis of projects, an amendment of the law

was necessary.

Accordingly, Law No. 6428 on the Construction and Renovation

of Facilities and Procurement of Services by the Ministry of Health

under the Public Private Partnership Model and Amendment of Certain

Laws and Decrees (“Law No. 6428”) is amended by the Law No. 6527,

which was published in the Official Gazette dated 01.03.2014 and

numbered 28928. This newsletter article will examine the amendments

introduced to Law No. 6428.

Amending the Agreement and its Annexes

Law No. 6527 amended paragraph 9 of article 4 of Law No. 6428,

entitled ‘Contract’. Prior to the amendment, the article stipulated that

the contract would regulate matters governing the termination of the

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Article of March 2014

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Please see.

http://www.ttb.org.tr/images/stories/file/2014/ss561.pdf

(Access date: 24.03.2014).