DURATION
2 days

DATES
15-16 October 2025

TIME SCHEDULE
9,00 – 14,30

PARTICIPATION FEE
euro 660.00 + VAT (the fee is exempt from VAT if paid by public bodies)

SPEAKER
Cons. Dario SIMEOLI
Council of State

Cons. Renato CATALANO
Councillor of the Court of Auditors

INTRODUCTION
The measures of the NRP, which focus on innovation, green transition and the enhancement of territories, are now fully operational and call for a growing commitment on the part of the public administration in terms of planning capacity to which the development of forms of public-private partnership (PPP) can contribute. However, the potential of this instrument, which basically encompasses the various forms that cooperation between public bodies and private entities can take, has not been properly exploited from 18 April 2016, the date on which the previous Public Contracts Code came into force, to date.
Although the current Code had the merit of introducing an organic regulation of the PPP, which was completely absent in Legislative Decree 163/2003, the need was nevertheless felt to innovate the institution, enhancing it within the new formulation of the Public Contracts Code, which will apply to all new procedures from 1 April 2023.
The new Code, pursuing the main objective of simplifying and accelerating procedures, with a view to ensuring full compliance with European principles and rationalising sector regulations, has also innovated the forms of PPP precisely in order to offer contracting stations more ductile and more effective tools, to ensure precisely the achievement of the result that has become the guiding principle of the entire public contracting process.

Within the new code, with respect to the previous regulatory framework, there has been a systematic inversion whereby the general provisions on public-private partnerships precede the regulation of typical contractual figures such as concessions (Part II – Book IV), finance leases (Part III) and availability contracts (Part IV), while Articles 179, 180, 181 and 182 of the current code have been deleted and replaced in their entirety by Articles 174 and 175, which make up Part I of Book IV – ‘General Provisions’. Not only has the relationship (of kind to kind) between PPPs, concessions and all other types of contracts been defined, but the relationship between concessions and project finance has been better specified: unlike the structure of the 2016 code, project finance is not a contractual type in its own right but an ‘internal’ chapter of the discipline of concessions.

PROGRAMME
The new forms of Public Private Partnership for the financing and management of public works and services

• the PPP revised in the corrective;
• the choice of the new legislator to favour forms of public/private partnership but with a three-phase procedure: from the evaluation of the proposal to the declaration of public interest to the tender with pre-emption;
• the active participation of the private sector in the phases of infrastructure construction and the provision of related services;
• the duration of the contract, depending on the amortisation of the investment or the method of financing;
• Financing: exposure of the private sector and financing mechanisms at the expense of the PA (off balance);
• cost-benefit analysis, cost optimisation for the public sector (value for money);
• risk allocation: direct private control of construction risk; availability risk; operational and quantitative risk;
• the risks affecting the fees that are not attributable to the economic operator;
• the economic-financial balance: coexistence of economic viability and financial sustainability;
• the economic-financial equilibrium achieved by resorting to public contribution in cases where the project does not generate sufficient cash flows;
• the different types of interventions;
• projects with an intrinsic capacity to generate income through user revenues (‘Hot Works’);
• projects that require a public contribution component (‘Tepid Works’);
• projects in which the private concessionaire directly provides services to the public administration (‘Cold Works’);
• the plurality of financing sources and their combination: public resources (price, guarantees, contribution of assets), and private resources (risk capital, loans). Tax bonuses for the regeneration of the built heritage;
• the eligibility of the investment for private financing. The sustainability of the business plan; the sustainability indicators (their balance); the financial closing; the revision of the PEF. The multiple role of banks. The project company: functions and nature; risk limitation (the ring fence); issue of bonds and credit securities.
• the typified institutions: characteristics and discipline. The design and execution phases, and those of operation and maintenance (contracts); the conflict of interest between private financier and performer of the services. The regime of entrusting services to third parties. Subcontracting in concessions and other typified institutions. The relationship construction company – leasing company. Payment of contributions and fees: the payment of the infrastructure. Modifying and terminating situations of the PPP contract; the sub-entry (the step in); the privilege of the financing entities on the credits of the PPP contract assignee.
• institutional PPPs: joint ventures; choice of partner; awarding the contract; third-party execution and in-house execution. Upstream tender or downstream tender: obligation. The regime of the work realised through concession or PPP contracts. Final considerations and case histories;
• examples on how to carry out the business plan;
• the different forms for choosing the contractor;
• the guarantees

Analysis of Individual Types of Contracts

• project finance;
• construction and management concessions;
• service concessions;
• leasing of public works;
• availability contract;
• energy efficiency contract (EPC)

ISSUE OF CERTIFICATE OF ATTENDANCE AND PROFIT
The CEIDA, accredited by the Lazio Region as a provider of activities for Higher and Continuing Education, (accreditation obtained by Determination of the Director of the Dir. Reg. ‘Training, Research and Innovation, School and University, Right to Study’ n. G16019 of 23/12/2016, published in the B. U.R.L. no. 2 of 5/1/17), certifies, for each participant, the characteristics of the training course and how much of it was actually attended, through the issue of attendance certificates subject to passing a final check carried out by means of a multiple-choice questionnaire