Environmental Engineering Reference
In-Depth Information
is quite similar to a BOT agreement. The difference between both forms of
cooperation lies in the fact that a BTO agreement requires transfer of the asset
after the completion of construction.
185
After the transfer, a contract between the
public authority and the private operator deals with the question of the operation of
the asset.
186
The main difference between a BOO agreement and a BOT agreement
lies in the fact that a BOO agreement does not include the requirement for the
private operator to transfer the company back to the state at the end of the
contract.
187
Both forms also differ in cases of a BOOT agreement in which both
the property rights and the operation rights are transferred to the state.
188
A PPP often takes the form of a Design-Build-Finance-Operate (DBFO) scheme,
where the government specifies the project and the private company designs,
builds, finances and operates it.
189
The private sector does not own the facility;
there is just a contract between the two parties, giving the private sector the right to
operate the asset.
190
Furthermore, there is a PFI agreement. A PFI agreement is
more comparable to a BOT or BOO, where specific performance features shape the
appearance of the PPP.
191
PFI and PPP agreements have a lot in common, but a
PFI
s scope is narrow, making it a special form of a PPP.
Finally, concessions are often the core element of a BOT project,
192
which again
underlines that concessions are a part of PPPs.
193
Nowadays, joint ventures are
frequently combined with concessions.
194
During the concession period, the con-
cessionaire enjoys privileges over other private operators because the concession-
aire is the only one with state permission to fulfill the respective task.
195
For this
reason, the object of concession must fall within the exclusive rights of the
government.
196
The private operator receives the right to charge the public
directly.
197
In return for being able to charge the public (instead of the state), the
'
185
Werner and Fiedler (
2007
), 91 (94); Yescombe (
2007
), 8; Similar process, but different name
(DBO—Design/Build/Operate), in: Palmer (
2009
), 13; Tettinger (
2005
), 1 (3); Tettinger (
1996
),
764 (765); Stocker (
2010
), 105; Noltensmeier (
2009
), 30.
186
Tettinger (
2005
), 1 (3); Tettinger (
1996
), 764 (765); Stocker (
2010
), 105; Noltensmeier (
2009
),
30; Yescombe (
2007
), 8.
187
Palmer (
2009
), 13.
188
Palmer (
2009
), 13.
189
Specification by government is essential: Davies and Eustice (
2011
), 25; Hemming (
2006
), 3;
Corbacho and Schwartz (
2008
), 85 (86); Hathorn (
2008
), 245 (246).
190
Yescombe (
2007
), 8; Palmer (
2009
), 13; cf. Werner and Fiedler (
2007
), 91 (95).
191
Metje (
2008
), 16; Stocker (
2010
), 106.
192
Herdegen (
1994
), 41 (41); Dorner (
1994
), 75 (81).
193
Dorner (
1994
), 75 (80); Yescombe (
2007
), 5.
194
Yescombe (
2007
), 321.
195
Metje (
2008
), 7-8.
196
Herdegen (
2003
), 13 (15).
197
Schede/Pohlmann in Weber et al. (
2006
), 143; Werner and Fiedler (
2007
), 91 (99); Jonas and
Paulsen (
2007
), 13 (24); St
ocker (
2010
), 105; Bertelsmann Stiftung et al. (
2011
), 16; Roquette/
Butcher in Roquette and Otto (
2005
), F. Public-Private Partnership III para 6; Noltensmeier
(
2009
), 28-29; Matthey (
2003
), 99 (101).
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