Amendments to the Law on Public Private Partnership
*
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
1
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
*
Article of March 2014
1
Please see.
http://www.ttb.org.tr/images/stories/file/2014/ss561.pdf(Access date: 24.03.2014).