American Chamber, comments on the PPP draft law - ATRAKO to report to the Albanian Supreme Audit Office, not contracts approved with legal exceptions
The American Chamber of Commerce in Albania has commented on the draft law "On Concessions and Public Private Partnerships", issued for public consultation, providing recommendations related to strengthening transparency, institutional independence and avoiding abusive exclusions.
Among other things, the chamber underlines the necessity of establishing independent and impartial evaluation structures to guarantee a fair selection of concession projects. According to it, although the draft law provides for a special commission, the process of selecting its members is not clear, creating a risk of interference and lack of credibility in decision-making.
The Chamber also suggests that both the Concessions Handling Agency, ATRAKO, and the Ministry of Finance should strengthen their reporting on PPPs. “In addition to the positive initiative to establish the Contract Implementation Unit, we assess that the administration and reporting mechanisms so far have proven insufficient for the purpose of transparency, accountability, and performance monitoring. For this reason, it is suggested to provide for the obligation of ATRAKO to report to an independent constitutional body, such as the Supreme State Audit Office,” the Chamber’s comments state, among other things.
One of the most critical points of the comments is the request for the prohibition by law of any special exemption from the rules of the draft law. " The granting of public assets or rights to provide goods and services through direct negotiation with a specific entity, bypassing both the legislation on concessions and public-private partnerships as well as the legislation on public procurement is a practice that should be expressly prohibited by law," the comments state.
The Chamber considers this act to be essential for the creation of a clear legal framework that regulates investment agreements through PPPs, in accordance with European Union standards, while expressing its readiness to continue cooperation with institutions to further improve the law in accordance with the best international standards.
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